Immediately on his admission to the bar, Mr. Webster went to Amherst, in New Hampshire, where his father’s court was in session; from that place he went home with his father. He had intended to establish himself at Portsmouth, which, as the largest town and the seat of the foreign commerce of the State, opened the widest field for practice. But filial duty kept him nearer home. His father was now infirm from the advance of years, and had no other son at home. Under these circumstances Mr. Webster opened an office at Boscawen, not far from his father’s residence, and commenced the practice of the law in this retired spot. Judge Webster lived but a year after his son’s entrance upon the practice of his profession; long enough, however, to hear his first argument in court, and to be gratified with the confident predictions of his future success.
In May, 1807, Mr. Webster was admitted as an attorney and counsellor of the Superior Court in New Hampshire, and in September of that year, relinquishing his office in Boscawen to his brother Ezekiel, he removed to Portsmouth, in conformity with his original intention. Here he remained in the practice of his profession for nine successive years. They were years of assiduous labor, and of unremitted devotion to the study and practice of the law. He was associated with several persons xxxi of great eminence, citizens of New Hampshire or of Massachusetts occasionally practising at the Portsmouth bar. Among the latter were Samuel Dexter and Joseph Story; of the residents of New Hampshire, Jeremiah Mason was the most distinguished. Often opposed to each other as lawyers, a strong personal friendship grew up between them, which ended only with the death of Mr. Mason. Mr. Webster’s eulogy on Mr. Mason will be found in one of the volumes of this collection, and will descend to posterity an enduring monument of both. Had a more active temperament led Mr. Mason to embark earlier and continue longer in public life, he would have achieved a distinction shared by few of his contemporaries. Mr. Webster, in the lapse of time, was called to perform the same melancholy office for Judge Story.
During the greater part of Mr. Webster’s practice of the law in New Hampshire, Jeremiah Smith was Chief Justice of the State, a learned and excellent judge, whose biography has been written by the Rev. John H. Morison, and will well repay perusal. Judge Smith was an early and warm friend of Judge Webster, and this friendship descended to the son, and glowed in his breast with fervor till he went to his grave.
Although dividing with Mr. Mason the best of the business of Portsmouth, and indeed of all the eastern portion of the State, Mr. Webster’s practice was mostly on the circuit. He followed the Superior Court through the principal counties of the State, and was retained in nearly every important cause. It is mentioned by Mr. March, as a somewhat singular fact in his professional life, that, with the exception of the occasions on which he has been associated with the Attorney-General of the United States for the time being, he has hardly appeared ten times as junior counsel. Within the sphere in which he was placed, he may be said to have risen at once to the head of his profession; not, however, like Erskine and some other celebrated British lawyers, by one and the same bound, at once to fame and fortune. The American bar holds forth no such golden prizes, certainly not in the smaller States. Mr. Webster’s practice in New Hampshire, though probably as good as that of any of his contemporaries, was never lucrative. Clients were not very rich, nor the concerns litigated such as would carry heavy fees. Although xxxii exclusively devoted to his profession, it afforded him no more than a bare livelihood.
But the time for which he practised at the New Hampshire bar was probably not lost with reference to his future professional and political eminence. His own standard of legal attainment was high. He was associated with professional brethren fully competent to put his powers to their best proof, and to prevent him from settling down in early life into an easy routine of ordinary professional practice. It was no disadvantage, under these circumstances, (except in reference to immediate pecuniary benefit,) to enjoy some portion of that leisure for general reading, which is almost wholly denied to the lawyer of commanding talents, who steps immediately into full practice in a large city.
FOOTNOTES
Fifty dollars. The knowledge of this fact is derived from the “Gloucester News,” to which it was no doubt communicated by Master Tappan.
Belknap’s History of New Hampshire, Vol. III. p. 328.