Daniel Webster

Daniel Webster (born January 18, 1782, Salisbury, New Hampshire, U.S.—died October 24, 1852, Marshfield, Massachusetts) was an American orator and politician who practiced prominently as a lawyer before the U.S. Supreme Court and served as a U.S. congressman (1813–17, 1823–27), a U.S. senator (1827–41, 1845–50), and U.S. secretary of state (1841–43, 1850–52). He is best known as an enthusiastic nationalist and as an advocate of business interests during the period of the Jacksonian agrarianism.

Youth and early career

Born on the New Hampshire frontier in the town of Salisbury, Daniel was the ninth of 10 children of Ebenezer Webster, a veteran of the American Revolution, farmer and tavern-keeper, and leading townsman. Dark-complexioned “little Black Dan,” a rather frail boy, became the pet of his parents and older brothers and sisters, some of whom taught him to read at an early age. He often entertained the family and the tavern guests with readings and recitations. As he grew older he attended classes at the various houses where the schoolmaster boarded in succession around the township. At 14 he spent part of a year at Phillips Exeter Academy, and at 15 he entered Dartmouth College, where he excelled at public speaking. After graduation he taught school and read law, going to Boston and studying in the office of a prominent lawyer. He began his own practice near home but moved to Portsmouth in 1807, married Grace Fletcher, a clergyman’s daughter, and soon became a prominent member of the thriving seaport’s distinguished bar.

Webster identified his own interests with those of the Portsmouth shipowners and merchants, who had been prospering through trade with Great Britain and France, despite the occasional seizures of American ships by both warring powers. The Portsmouth businessmen objected to the federal government’s effort to retaliate by limiting and even stopping overseas commerce, and, as their spokesman, Webster denounced the Jefferson administration’s embargo as unconstitutional; he also opposed the declaration of war against Great Britain in 1812. That same year he was elected to the national House of Representatives as a member of the conservative pro-British Federalist Party, which favored a strong, centralized government and encouragement of commerce. He was twice reelected (1814, 1816). In Congress he resisted the passage of practically all war measures, including a conscription bill, which was voted down. Against conscription he took an extreme states-rights position, even hinting at nullification of federal laws when he said the state governments had a solemn duty to “interpose between their citizens and arbitrary power.”

Rising lawyer and orator

In 1816 Webster moved with his wife and two children to the more promising metropolis of Boston. Thereafter, he represented the city’s leading businessmen in the law courts and, from 1823 to 1827, again in the national House of Representatives. He became one of the most highly paid lawyers in the entire country.

Arguing a series of important cases before the Supreme Court, he influenced a number of Chief Justice John Marshall’s opinions and, through them, the development of constitutional law. In Dartmouth College v. Woodward (1819) he maintained that a state’s grant of a charter to do business was a contract that the state could not impair. In McCulloch v. Maryland (1819) he contended that a state could not tax a federal agency (a branch of the Bank of the United States), for the power to tax was a “power to destroy.” In Gibbons v. Ogden (1824) he argued that a state could not encroach upon the congressional power to regulate interstate commerce. In arguing these and other cases—which had the effect of enlarging the authority of the federal government while encouraging corporate enterprise—Webster appears to have forgotten his recent states-rights arguments in opposition to the War of 1812.

Defense of the Constitution

Webster nevertheless remained a strict constructionist of the Constitution on the tariff question, opposing the protective tariffs of 1816 and 1824, which were harmful to the dominant commercial interests of New England. He reasoned that such a stimulus to manufacturers was both unconstitutional and inexpedient, for Congress had been given the power to levy duties only for raising revenue, and the growth of factories would create a propertyless working class that would threaten society. Inspired by political theorists, ancient and modern, he declared that “power naturally and necessarily follows property,” adding that property must remain diffused if widespread suffrage is to be safely maintained. These ideas Webster expressed on various occasions, including, in 1820, the bicentennial celebration of the landing at Plymouth of the Mayflower carrying the first permanent settlers in North America, where he gave the first of several occasional addresses that were to bring him fame as America’s peerless orator.

In 1827, now a senator from Massachusetts, Webster started for Washington with his wife, but she died on the way. Rather shy and plain, she had usually remained at home to look after her five children, only three of whom survived her (and only one of whom was to survive Webster himself). After two years, at 47, he married Caroline Le Roy, 31, the pretty and vivacious daughter of a New York merchant. His second wife was less inclined than the first to restrain her husband’s propensities for high living and careless spending.

With the rise of textile mills, Massachusetts had acquired a large and powerful manufacturing interest, and Webster voted for the Tariff of 1828. Then and thereafter, as a leading protectionist, he refuted his former arguments against the tariff. He now found a constitutional sanction for it in the congressional power to regulate commerce and a social justification for it in the claim that it would diffuse property by stimulating a general prosperity. But South Carolinians blamed the tariff for their economic difficulties, and in 1830 a South Carolina senator, Robert Y. Hayne, presented the theory postulated by Vice President John C. Calhoun that a state could nullify such an obnoxious and unconstitutional law and, as a last resort, could secede from the Union. In his second reply to Hayne, Webster eloquently defended the powers of the federal government as opposed to the alleged rights of the states. He concluded with the appeal: “Liberty and Union, now and forever, one and inseparable!” The speech made him a hero of nationalists throughout the North. In 1832–33, when South Carolina, under the leadership of the nullification theory’s author, John C. Calhoun, now a senator from South Carolina, undertook to put the theory into practice, Webster, though an opponent of Pres.Andrew Jackson, supported him in resisting the attempt.