[3.] P. 243, l. 20. 1. Chief Justice Parker.]
[4.] P. 248, l. 10. 1. Mr. Webster's presentation of the evidence is omitted. Cf. Webster's Complete Works, Vol. VI., p. 61.
Knapp was convicted as principal and sentenced to death. At the November term Joseph was convicted as accessory and sentenced to share the same fate. George Crowningshield proved an alibi, and was acquitted. The argument in the Goodridge case stands in marked contrast to this; and it must be conceded that, as a presentation of the law and the evidence, with no attempt to work upon the feelings of the jurymen, it is a work of higher quality. As a specimen of eloquence, of dramatic setting forth of the horror of such a deed, of the experiences of the criminal, and of the certainty that "murder will out," the argument has no equal in the language.
For a remarkable analysis of Mr. Webster's career as a lawyer, see Rufus Choate's address before the students of Dartmouth College in 1853 in "Memorial of Daniel Webster from the City of Boston."
The Constitution Not a Compact
February, 1833.
Mr. Webster had intimated in his Reply to Hayne that South Carolina was playing a high game. There were some at that time who thought that he had sounded the note of alarm in too loud a strain; but when in November, 1832, the State Convention, assembled at Columbia, South Carolina, adopted an ordinance declaring the revenue laws of the United States null and void, the voice of the croakers ceased to be heard in the general excitement that filled the country. The Legislature assembled on the 27th, and the governor in his message said that "the die has been at last cast," and that the Legislature was called upon to make "such enactments as would make it utterly impossible to collect within our limits the duties imposed by the protective tariffs thus nullified." The Legislature passed acts providing that any one who should attempt to collect the revenue should be punished, and made it lawful to use the military force of the State to resist any attempt of the United States to enforce the tariff laws. Mr. Webster now had a very difficult and delicate task before him; he was bound to criticise the general tone of the administration of Jackson, for he believed that it had not met the needs of the country, and yet he was equally bound not to put himself in such antagonism as to prevent him from aiding the administration, should his aid be sought, against those who were determined to destroy the laws of the land. In the then impending presidental canvass he took the ground that President Jackson was in hostility to the idea of protection, and that therefore he could not be safely trusted with the executive power. But President Jackson, whatever had been his record on the question of the tariff, showed that he had no desire to shirk his duty, for he at once issued a proclamation, which embodied the principles maintained by Mr. Webster in his Reply to Hayne, and warned the authorities of South Carolina that all opposition to the laws of the United States would be put down. He thus served notice that treason was not to win by default of the President. Calhoun had resigned the vice-presidency and had taken his seat in the Senate, and it was known that such an act meant the attempt to raise the flag of nullification high in the Senate-chamber.
Mr. Webster was on his way to Washington when he heard of the prompt and decisive action of the President. At Philadelphia he met Mr. Clay, who told him that he had a plan for settling the difficulty by gradually reducing the tariff, and for levying duties "without regard to protection or encouragement of any branch of domestic industry." When Mr. Clay brought in his bill, it was not so strong as the one he had submitted to Mr. Webster a short time before, but yet Mr. Webster could not think of taking any step at such a time that would look like concession. The first thing to be done was to enforce the existing laws and sustain the administration by suitable legislation. There was to be no surrender of constitutional power. At the opening of the session the President asked Congress for the power to use the land and naval forces if necessary to enforce the laws. The committee to which the message was referred reported what is known as the "Force Bill," which granted the President the powers asked for. Some of the senators doubted that the President had such "daring effrontery" as to ask for such power. Mr. Webster said, "I will tell you gentlemen that the President has had the 'daring effrontery' to ask for these powers, no matter how high may be the offence."
President Jackson had used very strong language against the leaders of Nullification, and this made many of the (Southern) administration senators hostile to the measures of the "Force Bill." When it was found that the President had called for the assistance of Mr. Webster, Mr. Calhoun became very uneasy, and at once sought for Mr. Clay, who promised to bring in his bill for reducing the tariff. "On the 8th of February, Mr. Clay introduced the measure and claimed that its purpose was to save the tariff, which he considered to be in imminent danger. Mr. Webster, as was expected, opposed the bill and introduced a series of resolutions. On the two following days he was prevented from addressing the Senate on his resolutions because of the discussion of the "Force Bill," when Mr. Calhoun took the opportunity to expound the theory and practice of Nullification. The speech was in Mr. Calhoun's very best style of close, logical argument, with but little that made for eloquence. Calhoun was a master of logical method, and such was his skill in dovetailing together the elements of his speculations that he was a powerful antagonist. He had waited until most of the senators in opposition had spoken and then broke upon them and tore their arguments into shreds. It was an able supplement to the speech of Hayne and was likely to produce quite as much alarm, unless its position could be turned. Here were sown the seeds of secession which grew into that frightful civil war. By establishing the principle of the Union as but a confederacy of States the right of secession was assured.
Mr. Webster felt the importance of the occasion; he saw clearly the direction in which such appeals were sure to lead the people, and he at once determined to throw himself into the conflict. The doctrines which he had maintained in the Reply to Hayne had now taken strong hold of the people of the Central and Western States, and of many of the strongest public men of both parties; it was from this vantage ground that (on the 16th) he began his great speech known as "The Constitution not a Compact between Sovereign States."