At the next session the principal subject of discussion was the trouble with France. Irritated at the neglect of the French government to provide funds for the payment of their debt to us, Jackson sent in a message severely criticising them, and recommending the passage of a law authorizing reprisals on French property. The President and his immediate followers were eager for war, Calhoun and his faction regarded the whole question as only matter for "an action of assumpsit," while Mr. Webster and Mr. Clay desired to avoid hostilities, but wished the country to maintain a firm and dignified attitude. Under the lead of Mr. Clay, the recommendation of reprisals was rejected, and under that of Mr. Webster a clause smuggled into the Fortification Bill to give the President three millions to spend as he liked was struck out and the bill was subsequently lost. This affair, which brought us to the verge of war with France, soon blew over, however, and caused only a temporary ripple, although Mr. Webster's attack on the Fortification Bill left a sting behind.

In this same session Mr. Webster made an exhaustive speech on the question of executive patronage and the President's power of appointment and removal. He now went much farther than in his answer to the "Protest," asserting not only the right of Congress to fix the tenure of office, but also that the power of removal, like the power of appointment, was in the President and Senate jointly. The speech contained much that was valuable, but in its main doctrine was radically unsound. The construction of 1789, which decided that the power of removal belonged to the President alone, was clearly right, and Mr. Webster failed to overthrow it. His theory, embodied in a bill which provided that the President should state to the Senate, when he appointed to a vacancy caused by removal, his reasons for such removal, was thoroughly mischievous. It was more dangerous than Jackson's doctrine, for it tended to take the power of patronage still more from a single and responsible person and vest it in a large and therefore wholly irresponsible body which has always been too much inclined to degenerate into an office-broking oligarchy, and thus degrade its high and important functions. Mr. Webster argued his proposition with his usual force and perspicuity, but the speech is strongly partisan and exhibits the disposition of an advocate to fit the Constitution to his particular case, instead of dealing with it on general and fundamental principles.

The session closed with a resolution offered by Mr. Benton to expunge the resolutions of censure upon the President, which was overwhelmingly defeated, and was then laid upon the table, on the motion of Mr. Webster. He also took the first step to prevent the impending financial disaster growing out of the President's course toward the bank, by carrying a bill to stop the payment of treasury warrants by the deposit banks in current banknotes, and to compel their payment in gold and silver. The rejection of Benton's resolutions served to embitter the already intense conflict between the President and his antagonists, and Mr. Webster's bill, while it showed the wisdom of the opposition, was powerless to remedy the mischief which was afoot.

In this same year (1835) the independence of Texas was achieved, and in the session of 1835-36 the slavery agitation began its march, which was only to terminate on the field of battle and in the midst of contending armies. Mr. Webster's action at this time in regard to this great question, which was destined to have such an effect upon his career, can be more fitly narrated when we come to consider his whole course in regard to slavery in connection with the "7th of March" speech. The other matters of this session demand but a brief notice. The President animadverted in his message upon the loss of the Fortification Bill, due to the defeat of the three million clause. Mr. Webster defended himself most conclusively and effectively, and before the session closed the difficulties with France were practically settled. He also gave great attention to the ever-pressing financial question, trying to mitigate the evils which the rapid accumulation of the public funds was threatening to produce. He felt that he was powerless, that nothing indeed could be done to avert the approaching disaster; but he struggled to modify its effects and delay its progress.

Complications increased rapidly during the summer. The famous "Specie Circular," issued by the Secretary of the Treasury without authority of law, weakened all banks which did not hold the government deposits, forced them to contract their loans, and completed the derangement of domestic exchange. This grave condition of affairs confronted Congress when it assembled in December, 1836. A resolution was introduced to rescind the Specie Circular, and Mr. Webster spoke at length in the debate, defining the constitutional duties of the government toward the regulation of the currency, and discussing in a masterly manner the intricate questions of domestic exchanges and the excessive circulation of bank notes. On another occasion he reiterated his belief that a national bank was the true remedy for existing ills, but that only hard experience could convince the country of its necessity.

At this session the resolution to expunge the vote of censure of 1833 was again brought forward by Mr. Benton. The Senate had at last come under the sway of the President, and it was clear that the resolution would pass. This precious scheme belongs to the same category of absurdities as the placing Oliver Cromwell's skull on Temple Bar, and throwing Robert Blake's body on a dung-hill by Charles Stuart and his friends. It was not such a mean and cowardly performance as that of the heroes of the Restoration, but it was far more "childish-foolish." The miserable and ludicrous nature of such a proceeding disgusted Mr. Webster beyond measure. Before the vote was taken he made a brief speech that is a perfect model of dignified and severe protest against a silly outrage upon the Constitution and upon the rights of senators, which he was totally unable to prevent. The original censure is part of history. No "black lines" can take it out. The expunging resolution, which Mr. Curtis justly calls "fantastic and theatrical," is also part of history, and carries with it the ineffaceable stigma affixed by Mr. Webster's indignant protest.

Before the close of the session Mr. Webster made up his mind to resign his seat in the Senate. He had private interests which demanded his attention, and he wished to travel both in the United States and in Europe. He may well have thought, also, that he could add nothing to his fame by remaining longer in the Senate. But besides the natural craving for rest, it is quite possible that he believed that a withdrawal from active and official participation in politics was the best preparation for a successful candidacy for the presidency in 1840. This certainly was in his mind in the following year (1838), when the rumor was abroad that he was again contemplating retirement from the Senate; and it is highly probable that the same motive was at bottom the controlling one in 1837. But whatever the cause of his wish to resign, the opposition of his friends everywhere, and of the Legislature of Massachusetts, formally and strongly expressed, led him to forego his purpose. He consented to hold his seat for the present, at least, and in the summer of 1837 made an extended tour through the West, where he was received as before with the greatest admiration and enthusiasm.

The distracted condition of the still inchoate Whig party in 1836, and the extraordinary popularity of Jackson, resulted in the complete victory of Mr. Van Buren. But the General's chosen successor and political heir found the great office to which he had been called, and which he so eagerly desired, anything but a bed of roses. The ruin which Jackson's wild policy had prepared was close at hand, and three months after the inauguration the storm burst with full fury. The banks suspended specie payments and universal bankruptcy reigned throughout the country. Our business interests were in the violent throes of the worst financial panic which had ever been known in the United States. The history of Mr. Van Buren's administration, in its main features, is that of a vain struggle with a hopeless network of difficulties, and with the misfortune and prostration which grew out of this wide-spread disaster. It is not necessary here to enter into the details of these events. Mr. Webster devoted himself in the Senate to making every effort to mitigate the evils which he had prophesied, and to prevent their aggravation by further injudicious legislation. His most important speech was delivered at the special session against the first sub-treasury bill and Mr. Calhoun's amendment. Mr. Calhoun, who had wept over the defeat of the bank bill in 1815, was now convinced that all banks were mistakes, and wished to prevent the acceptance of the notes of specie paying banks for government dues. Mr. Webster's speech was the fullest and most elaborate he ever made on the subject of the currency, and the relations of the government to it. His theme was the duty and right of the general government under the Constitution to regulate and control the currency, and his masterly argument was the best that has ever been made, leaving in fact nothing to be desired.

In the spring of 1839 there was talk of sending Mr. Webster to London as commissioner to settle the boundary disputes, but it came to nothing, and in the following summer he went to England in his private capacity accompanied by his family. The visit was in every way successful. It brought rest and change as well as pleasure, and was full of interest. Mr. Webster was very well received, much attention was paid him, and much admiration shown for him. He commanded all this, not only by his appearance, his reputation, and his intellectual force, but still more by the fact that he was thoroughly and genuinely American in thought, feeling, and manner.

He reached New York on his return at the end of December, and was there met by the news of General Harrison's nomination by the Whigs. In the previous year it had seemed as if, with Clay out of the way by the defeat of 1832, and Harrison by that of 1836, the great prize must fall to Mr. Webster. His name was brought forward by the Whigs of Massachusetts, but it met with no response even in New England. It was the old story; Mr. Clay and his friends were cool, and the masses of the party did not desire Mr. Webster. The convention turned from the Massachusetts statesman and again nominated the old Western soldier.