This was per

torney-General, Wirt, for the defendants in error. haps the first occasion in this country on which a question precisely of this kind had come up, and it is stated that, when one of the court had run his eye cursorily over the record, he said that he did not see how any thing important could be urged by the plaintiffs in error.

It devolved upon Mr. Webster, as junior counsel, to open the case, and it is scarcely necessary to say to any one who has read the report of his argument, that, if such an impression as that just alluded to existed in the mind of any of the court, it must have been immediately dispelled. The ground was broadly taken, that the acts in question were not only against common right and the constitution of New Hampshire, but also, and this was the leading principle, against the provision of the Constitution of the United States which forbids the individual States from passing laws that impair the obligation of contracts. Under the first head, the entire English law relative to educational foundations was unfolded by Mr. Webster, and it was shown that colleges, unless otherwise specifically constituted by their charters, were private eleemosynary corporations, over whose property, members, and franchises the crown has no control, except by due process of law, for acts inconsistent with their charters. The whole learning of the subject was brought to bear with overwhelming weight on this point.

The second main point required to be less elaborately argued; namely, that such a charter is a contract which it is not competent for a State to annul. The argument throughout was pursued with a closeness and vigor which have been rarely witnessed in our courts. The topics were beyond the usual range of forensic investigation in this country. The constitutional principles sought to be applied were of commanding importance. Great public expectation was awakened by the novelty and magnitude of the case. The personal connection of Mr. Webster with Dartmouth College as the place of his education gave a fervor to his manner, which added, no doubt, to the effect of the reasoning. On this point Mr. Ticknor expresses himself as follows:

"Mr. Webster's argument is given in this volume [the first collection of his works], that is, we have there the technical outline; the dry skeleton of it. But those who heard him when it was originally delivered

still wonder how such dry bones could ever have lived with the power they there witnessed and felt. 'He opened his cause, as he always does, with perfect simplicity in the general statement of its facts, and then went on to unfold the topics of his argument in a lucid order, which made each position sustain every other. The logic and the law were rendered irresistible. But as he advanced, his heart warmed to the subject and the occasion. Thoughts and feelings that had grown old with his best affections rose unbidden to his lips. He remembered that the institution he was defending was the one where his own youth had been nurtured; and the moral tenderness and beauty this gave to the grandeur of his thoughts, the sort of religious sensibility it imparted to his urgent appeals and demands for the stern fulfilment of what law and justice required, wrought up the whole audience to an extraordinary state of excitement. Many betrayed strong agitation, many were dissolved in tears. Prominent among them was that eminent lawyer and statesman, Robert Goodloe Harper, who came to him when he resumed his seat, evincing emotions of the highest gratification. When he ceased to speak, there was a perceptible interval before any one was willing to break the silence; and when that vast crowd separated, not one person of the whole number doubted that the man who had that day so moved, astonished, and controlled them, had vindicated for himself a place at the side of the first jurists of the country."*

The opinion of the court, unanimous, with the exception of Justice Duvall, was pronounced by Chief Justice Marshall in the term for 1819, declaring the acts of the legislature of New Hampshire to be unconstitutional and invalid, and reversing the opinion of the court below. By this opinion the law of the land in reference to collegiate charters was firmly established. Henceforward our colleges and universities and their trustees, unless provision to the contrary is made in their acts of incorporation, stand upon the broad basis of common right and justice; holding in like manner as individuals their property and franchises by a firm legal tenure, and not subject to control or interference on the part of the local legislatures on the vague ground that public institutions are at the mercy of the government. That such is the recognized law of the land is owing in no small degree to the ability with which the Dartmouth College case was argued by Mr. Webster. The battle fought and the victory gained in this case were fought and gained for every

* American Review, Vol. IX. p. 434.

college and university, for every academy and school, in the United States, endowed with property or possessed of chartered rights. It ought to be mentioned, to the credit of the State of New Hampshire, that she readily acquiesced in the decision of the Supreme Court of the United States, and made no attempt to sustain her recent legislation.

He

This celebrated cause, argued with such success before the highest tribunal in the country, established Mr Webster's position in the profession. It placed him at once with Emmett and Pinkney and Wirt, in the front rank of the American bar, and, though considerably the youngest of this illustrious group, on an equality with the most distinguished of them. was henceforward retained in almost every considerable cause argued at Washington. No counsel in the United States has probably been engaged in a larger portion of the business brought before that tribunal. While Mr. Webster as a politician and a statesman has performed an amount of intellectual labor, as is abundantly shown in these volumes, sufficient to form the sole occupation of an active life, there is no doubt that his arguments to the court and his addresses to the jury in important suits at law would, if they had been reported like his political speeches, have filled a much greater space.

It would exceed the limits of this sketch to allude in detail to all the cases argued by Mr. Webster in the Supreme Court of the United States; still less would it be practicable to trace him through his labors in the State courts. We can barely mention a few of the more considerable causes. The case of Gibbons and Ogden, in 1824, is one of great celebrity. In this case the grant by the State of New York to the assignees of Fulton, of an exclusive right to navigate the rivers, harbors, and bays of New York by steam, was called in question, and was decided to be unconstitutional, after having been maintained by all the tribunals of that great and respectable State. The decision of this great case turned upon the principle, that the grant of such a monopoly of the right to enter a portion of the navigable waters of the Union was an encroachment, by the State, upon the power "to regulate commerce," a power reserved by the Constitution to Congress, and in its nature exclusive. The cause was argued by Messrs. Webster and Wirt for the plaintiffs, and by Messrs. Oakley and Em

mett for the defendants in error, an array of talent worthy the magnitude of the interests at stake. The decision of the court was against the monopoly. Few cases in the annals of federal jurisprudence are of equal importance; none, perhaps, was ever argued with greater ability. In the course of his discussion, Mr. Webster said, with great felicity of illustration, that, by the establishment of the Constitution, the commerce of this whole country had become a unit, a form of expression used with approbation by Chief Justice Marshall in delivering the opinion of the court.

A very distinguished compliment was paid to Mr. Webster's argument in this case, a quarter of a century after its delivery, by Mr. Justice Wayne of the Supreme Court of the United States. On the occasion of Mr. Webster's visit to the South, in the spring of 1847, he was received with public honors, among other places, at Savannah. He was there addressed by Judge Wayne on behalf of his fellow-citizens. In the course of his remarks on that occasion, Judge Wayne alluded to Mr. Webster's line of argument in this case in the following

manner:

"From one of your constitutional suggestions, every man in the land has been more or less benefited. We allude to it with the greater pleasure, because it was in a controversy begun by a Georgian in behalf of the constitutional rights of the citizen. When the late Mr. Thomas Gibbons determined to put to hazard a large part of his fortune in testing the constitutionality of the laws of New York limiting the navigation of the waters of that State to steamers belonging to a company, his own interest was not so much concerned as the right of every citizen to use a coasting license upon the waters of the United States, in whatever way their vessels might be propelled. It was a sound view of the law, but not broad enough for the occasion. It is not unlikely that the case would have been decided upon it, if you had not insisted that it should be put upon the broader constitutional ground of commerce and navigation. The court felt the application and force of your reasoning, and it made a decision releasing every creek, and river, lake, bay, and harbor in our country from the interference of monopolies, which had already provoked unfriendly legislation between some of the States, and which would have been as little favorable to the interest of Fulton, as they were unworthy his genius."

The case of Ogden and Saunders, in 1827, brought in ques

e*

tion the right of a State to pass an insolvent law. It was of course a case of high constitutional law, belonging to the same general class with those just mentioned, and relating to the limit of the powers of the several States, in reference to matters confided by the Constitution to the general government. This cause was argued by Mr. Clay and Mr. David B. Ogden of New York for the plaintiffs, and by Mr. Webster and Mr. Henry Wheaton for the defendants in error. In his argument in this case, Mr. Webster maintained the entire unconstitutionality of State bankrupt laws. This was a step in advance of the doctrines laid down by the Supreme Court of the United States in the case of Sturges and Crowninshield, nor did the court on the present occasion incline to go further than they had done in that case. They were divided in opinion, but a majority of the judges held, that, although it was not competent to a State to pass a law discharging a debtor from the obligation of payment, they might pass a law to discharge him from imprisonment on personal execution. The Chief Justice and Judge Story were the minority of the court, and the opinion of the Chief Justice sustained the principle of Mr. Webster's argument, which is, in fact, usually regarded as not falling below his most successful forensic efforts. The manner in which he meets the argument in favor of a prospective State insolvent law, namely, that such a law cannot impair the obligation of a contract because it is a part of the contract, may be quoted as a specimen of the acutest dialectics brought in aid of the broadest views of constitutional law.

In the year 1836, Mr. Webster argued at Washington the great cause of the proprietors of Charles River Bridge. This well-remembered case was a suit in chancery commenced in the Supreme Court of Massachusetts, where the bill was dismissed by a decree pro forma, the members of that court being equally divided in opinion. A writ of error was taken to the Supreme Court of the United States, on the ground that the rights of the proprietors of Charles River Bridge under their charter had been violated by the legislature, in authorizing the erection of Warren Bridge. The cause was argued at Washington, in 1836, and, having been then held under advisement by the court for a year, was, upon difference of opinion among the judges, ordered to be again argued, which was done in