the assemblage while the chief-justice was delivering a judgment; the
three judges on either hand gazing at him more like learners than
associates; Webster standing firm as a rock, his large, deep-set eyes
wide awake, his lips compressed, and his whole countenance in that
intent stillness which easily fixes the eye of the stranger; Clay
leaning against the desk in an attitude whose grace contrasts strangely
with the slovenly make of his dress, his snuffbox for the moment
unopened in his hand, his small gray eye and placid half-smile conveying
an expression of pleasure which redeems his face from its usual
unaccountable commonness; the attorney-general, his fingers playing
among his papers, his quick black eye, and thin tremulous lips for once
fixed, his small face, pale with thought, contrasting remarkably with
the other two; these men, absorbed in what they are listening to,
thinking neither of themselves nor of each other, while they are watched
by the groups of idlers and listeners around them; the newspaper corps,
the dark Cherokee chiefs, the stragglers from the Far West, the gay
ladies in their waving plumes, and the members of either house that have
stepped in to listen; all these I have seen at one moment constitute one
silent assemblage, while the mild voice of the aged chief-justice
sounded through the court.
Every one is aware that the wigs and gowns of counsel are not to be seen
in the United States. There was no knowing, when Webster sauntered in,
threw himself down, and leaned back against the table, his dreamy eyes
seeming to see nothing about him, whether he would by-and-by take up his
hat and go away, or whether he would rouse himself suddenly, and stand
up to address the judges. For the generality there was no knowing; and
to us, who were forewarned, it was amusing to see how the court would
fill after the entrance of Webster, and empty when he had gone back to
the Senate Chamber. The chief interest to me in Webster's pleading, and
also in his speaking in the Senate, was from seeing one so dreamy and
_nonchalant_ roused into strong excitement. It seemed like having a
curtain lifted up through which it was impossible to pry; like hearing
auto-biographical secrets. Webster is a lover of ease and pleasure, and
has an air of the most unaffected indolence and careless
self-sufficiency. It is something to see him moved with anxiety and the
toil of intellectual conflict; to see his lips tremble, his nostrils
expand, the perspiration start upon his brow; to hear his voice vary
with emotion, and to watch the expression of laborious thought while he
pauses, for minutes together, to consider his notes, and decide upon the
arrangement of his argument. These are the moments when it becomes clear
that this pleasure-loving man works for his honours and his gains. He
seems to have the desire which other remarkable men have shown, to
conceal the extent of his toils, and his wish has been favoured by some
accidents; some sudden, unexpected call upon him for a display of
knowledge and power which has electrified the beholders. But on such
occasions he has been able to bring into use acquisitions and exercises
intended for other occasions, on which they may or may not have been
wanted. No one will suppose that this is said in disparagement of Mr.
Webster. It is only saying that he owes to his own industry what he must
otherwise owe to miracle.
What his capacity for toil is was shown, in one instance among many, in
an affair of great interest to his own state. On the 7th of April, 1830,
the town of Salem, Massachusetts, was thrown into a state of
consternation by the announcement of a horrible murder. Mr. White, a
respectable and wealthy citizen of Salem, about eighty years of age, was
found murdered in his bed. The circumstances were such as to indicate
that the murder was not for common purposes of plunder, and suspicions
arose which made every citizen shudder at the idea of the community in
which he lived containing the monsters who would perpetrate such a deed.
A patrol of the citizens was proposed and organized, and none were more
zealous in propositions and in patrolling than Joseph and John Knapp,
relatives of the murdered man. The conduct of these young men on the
occasion exposed them to dislike before any one breathed suspicion.
Several acquaintances of the family paid visits of condolence before the
funeral. One of these told me, still with a feeling of horror, how one
of the Knapps pulled his sleeve, and asked, in an awkward whisper,
whether he would go up stairs and see "the old devil." The old
gentleman's housekeeper had slept out of the house that particular
night; a back window had been left unfastened, with a plank placed
against it on the outside; and a will of the old gentleman's (happily a
superseded one) was missing. Suspicious circumstances like these were
found soon to have accumulated so as to justify the arrest of the two
Knapps, and of two brothers of the name of Crowninshield. A lawyer was
ready with testimony that Joseph Knapp, who had married a grand-niece of
Mr. White, had obtained legal information, that if Mr. White died
intestate, Knapp's mother-in-law would succeed to half the property.
Joseph Knapp confessed the whole in prison, and Richard Crowninshield,
doubtless the principal assassin, destroyed himself. The state
prosecutors were in a great difficulty. Without the confession, the
evidence was scarcely sufficient; and though Joseph Knapp was promised
favour from government if he would repeat his evidence on the side of
the prosecution in court, it was not safe, as the event proved, to rely
upon this in a case otherwise doubtful. The attorney and
solicitor-general of the state were both aged and feeble men; and, as
the day of trial drew on, it became more and more doubtful whether they
would be equal to the occasion, and whether these ruffians, well
understood to be the murderers, would not be let loose upon society
again, from bad management of the prosecution. The prosecuting officers
of the government were prevailed upon, within three days of the trial,
to send to seek out Mr. Webster and request his assistance.
A citizen of Salem, a friend of mine, was deputed to carry the request.
He went to Boston: Mr. Webster was not there, but at his farm by the
seashore. Thither, in tremendous weather, my friend followed him. Mr.
Webster was playing checkers with his boy. The old farmer sat by the
fire, his wife and two young women were sewing and knitting coarse
stockings; one of these last, however, being no farmer's daughter, but
Mr. Webster's bride, for this was shortly after his second marriage. My
friend was first dried and refreshed, and then lost no time in
mentioning "business." Mr. Webster writhed at the word, saying that he
came down hither to get out of hearing of it. He next declared that his
undertaking anything more was entirely out of the question, and pointed,
in evidence, to his swollen bag of briefs lying in a corner. However,
upon a little further explanation and meditation, he agreed to the
request with the same good grace with which he afterward went through
with his task. He made himself master of all that my friend could
communicate, and before daybreak was off through the woods, in the
unabated storm, no doubt meditating his speech by the way. He needed all
the assistance that could be given him, of course; and my friend
constituted himself Mr. Webster's fetcher and carrier of facts for these
two days. He says he was never under orders before since his childish
days; but in this emergency he was a willing servant, obeying such
laconic instructions as "Go there;" "Learn this and that;" "Now go
away;" and so forth.
At the appointed hour Mr. Webster was completely ready. His argument is
thought one of the finest, in every respect, that he has produced. I
read it before I knew anything of the circumstances which I have
related; and I was made acquainted with them in consequence of my
inquiry how a man could be hanged on evidence so apparently insufficient
as that adduced by the prosecution. Mr. Webster had made all that could
be made of it; his argument was ingenious and close, and imbued with
moral beauty; but the fact was, as I was assured, the prisoners were
convicted on the ground of the confession of the criminal more than on
the evidence adduced by the prosecutors; though the confession could
not, after all, be made open use of. The prisoners had such an opinion
of the weakness of the case, that Joseph, who had been offered favour by
government, refused to testify, and the pledge of the government was
withdrawn. Both the Knapps were hanged.
The clearness with which, in this case, a multitude of minute facts is
arranged, and the ingenuity with which a long chain of circumstantial
evidence is drawn out, can be understood only through a reading of the
entire argument. Even these are less remarkable than the sympathy by
which the pleader seems to have possessed himself of the emotions, the
peculiar moral experience, of the quiet, good people of Salem, when
thunderstruck with this event. While shut up at his task, Mr. Webster
found means to see into the hearts which were throbbing in all the homes
about him. "One thing more," said he to my friend, who was taking his
leave of him on the eve of the trial. "Do you know of anything
remarkable about any of the jury?" My friend had nothing to say, unless
it was that the foreman was a man of a remarkably tender conscience. To
this we doubtless owe the concluding passage of the argument, delivered,
as I was told, in a voice and manner less solemn than easy and tranquil.
"Gentlemen--Your whole concern should be to do your duty, and leave
consequences to take care of themselves. You will receive the law from
the court. Your verdict, it is true, may endanger the prisoner's life;
but, then, it is to save other lives. If the prisoner's guilt has been
shown and proved beyond all reasonable doubt, you will convict him. If
such reasonable doubts still remain, you will acquit him. You are the
judges of the whole case. You owe a duty to the public as well as to the
prisoner at the bar. You cannot presume to be wiser than the law. Your
duty is a plain, straightforward one. Doubtless, we would all judge him
in mercy. Towards him, as an individual, the law inculcates no
hostility; but towards him, if proved to be a murderer, the law, and the
oaths you have taken, and public justice, demand that you do your duty.
"With consciences satisfied with the discharge of duty, no consequences
can harm you. There is no evil that we cannot face or fly from but the
consciousness of duty disregarded.
"A sense of duty pursues us ever. It is omnipresent, like the Deity. If
we take to ourselves the wings of the morning, and dwell in the
uttermost parts of the seas, duty performed or duty violated is still
with us, for our happiness or our misery. If we say the darkness shall
cover us, in the darkness as in the light our obligations are yet with
us. We cannot escape their power nor fly from their presence. They are
with us in this life, will be with us at its close; and in that scene of
inconceivable solemnity which lies yet farther onward, we shall still
find ourselves surrounded by the consciousness of duty, to pain us
wherever it has been violated, and to console us so far as God may have
given us grace to perform it."
How must the mention of the tremendous "secret" have thrilled through
the hearts of citizens who had for weeks been anxiously searching every
man's countenance to find it out. The picture given as from the
pleader's imagination was, as every man knew, derived from the
confession of the criminal.
"The deed was executed with a degree of self-possession and steadiness
equal to the wickedness with which it was planned. The circumstances,
now clearly in evidence, spread out the whole scene before us. Deep
sleep had fallen on the destined victim and on all beneath his roof. A
healthful old man, to whom sleep was sweet, the first sound slumbers of
the night held in their soft but strong embrace. The assassin enters
through the window, already prepared, into an unoccupied apartment. With
noiseless foot he paces the lonely hall, half lighted by the moon; he
winds up the ascent of the stairs, and reaches the door of the chamber.
Of this he moves the lock, by soft and continued pressure, till it turns
on its hinges, and he enters, and beholds his victim before him. The
room was uncommonly open to the admission of light. The face of the
innocent sleeper was turned from the murderer, and the beams of the
moon, resting on the gray locks of his aged temple, showed him where to
strike. The fatal blow is given! and the victim passes, without a
struggle or a motion, from the repose of sleep to the repose of death!
It is the assassin's purpose to make sure work; and he yet plies the
dagger, though it was obvious that life had been destroyed by the blow
of the bludgeon. He even raises the aged arm, that he may not fail in
his aim at the heart, and replaces it again over the wounds of the
poniard. To finish the picture, he explores the wrist for the pulse! he
feels it, and ascertains that it beats no longer! It is accomplished.
The deed is done. He retreats, retraces his steps to the window, passes
out through it as he came in, and escapes. He has done the murder; no
eye has seen him, no ear heard him. The _secret_ is his own, and it is
safe! Ah, gentlemen, that was a dreadful mistake. Such a secret can be
safe nowhere. The whole creation of God has neither nook nor corner
where the guilty can bestow it and say it is safe. Not to speak of that
Eye which glances through all disguises, and beholds everything as in
the splendour of noon, such secrets of guilt are never safe from
detection, even by men. True it is, generally speaking, that 'murder
will out.' True it is that Providence hath so ordained, and doth so
govern things, that those who break the great law of Heaven by shedding
man's blood seldom succeed in avoiding discovery. Especially, in a case
exciting so much attention as this, discovery must come, and will come,
sooner or later. A thousand eyes turn at once to explore every man,
every thing, every circumstance connected with the time and place; a
thousand ears catch every whisper, a thousand excited minds intensely
dwell on the scene, shedding all their light, and ready to kindle the
slightest circumstance into a blaze of discovery. Meantime, the guilty
soul cannot keep its own secret. It is false to itself; or, rather, it
feels an irresistible impulse of conscience to be true to itself. It
labours under its guilty possession, and knows not what to do with it.
The human heart was not made for the residence of such an inhabitant. It
finds itself preyed on by a torment which it does not acknowledge to God
or man. A vulture is devouring it, and it can ask no sympathy or
assistance either from heaven or earth. The secret which the murderer
possesses soon comes to possess him; and, like the evil spirits of which
we read, it overcomes him, and leads him whithersoever it will. He feels
it beating at his heart, rising to his throat, and demanding disclosure.
He thinks the whole world sees it in his face, reads it in his eyes, and
almost hears its workings in the very silence of his thoughts. It has
become his master. It betrays his discretion, it breaks down his
courage, it conquers his prudence. When suspicions from without begin to
embarrass him, and the net of circumstance to entangle him, the fatal
_secret_ struggles with still greater violence to burst forth. It must
be confessed; it _will be_ confessed; there is no refuge from confession
but suicide; and suicide is confession."
Mr. Webster was born in 1782, in New-Hampshire. His father was a farmer
who had retreated into the wilderness, and, as his son says, "had
lighted his fire nearer to the North Pole than any other citizen of the
States." The good man had, however, come down into the meadows at the
foot of the hills before his second son Daniel was born. By the means
which are within reach of almost every child in his country--the schools
and colleges of easy access--Daniel became qualified for an
apprenticeship to law; and by industry, great intellectual power, and
some few fortunate accidents, rose into notice, employment, and
eminence. He has for some years been considered the head of the federal
party, and he is therefore now on the losing side in politics. His last
great triumph was his exposure of the nullification doctrine in 1833.
Since that time he has maintained his influence in Congress by virtue of
his great talents and former services; but, his politics being in
opposition to those of the great body of the people, he is unable to do
more than head the opposition in the Senate. He was an unsuccessful
candidate in the last presidential election; and there seems little
probability of his attainment of office, unless by his taking the lead
of the abolition movement. For this it is probably now too late. The
abolitionists have done the most difficult part of the work in rousing
the public mind; they are chiefly of the democratic side in politics;
and they do not entertain, I believe, that faith in the great leader of
the federalists which would induce them to support his claims as the
anti-slavery candidate for the next presidentship.
Mr. Webster owes his rise to the institutions under which he lives;
institutions which open the race to the swift and the battle to the
strong; but there is little in him that is congenial with them. He is
aristocratic in his tastes and habits, and but little republican
simplicity is to be recognised in him. Neither his private conversation
nor his public transactions usually convey an impression that he is in
earnest. When he is so, his power is majestic, irresistible; but his
ambition for office, and for the good opinion of those who surround him,
is seen too often in alternation with his love of ease and luxury to
allow of his being confided in as he is admired. If it had been
otherwise, if his moral had equalled his intellectual supremacy, if his
aims had been as single as his reason is unclouded, he would long ago
have carried all before him, and been the virtual monarch of the United
States. But to have expected this would have been unreasonable. The very
best men of any society are rarely or never to be found among its
eminent statesmen; and it is not fair to look for them in offices which,
in the present condition of human affairs, would yield to such no other
choice than of speedy failure or protracted martyrdom. Taking great
politicians as they are, Mr. Webster's general consistency may be found
not to have fallen below the average, though it has not been so
remarkable as to ensure on his behalf a confidence at all to be compared
with the universal admiration of his talents.
Mr. Webster speaks seldom in the Senate. When he does, it is generally
on some constitutional question, where his reasoning powers and
knowledge are brought into play, and where his authority is considered
so high, that he has the glorious satisfaction of knowing that he is
listened to as an oracle by an assemblage of the first men in the
country. Previous to such an exercise he may be seen leaning back in his
chair, not, as usual, biting the top of his pen, or twirling his thumbs,
or bursting into sudden and transient laughter at Colonel Benton's
oratorical absurdities, but absent and thoughtful, making notes, and
seeing nothing that is before his eyes. When he rises, his voice is
moderate and his manner quiet, with the slightest possible mixture of
embarrassment; his right hand rests upon his desk, and the left hangs by
his side. Before his first head is finished, however, his voice has
risen so as to fill the chamber and ring again, and he has fallen into
his favourite attitude, with his left hand under his coat-tail, and the
right in full action. At this moment the eye rests upon him as upon one
under the true inspiration of seeing the invisible and grasping the
impalpable. When the vision has passed away, the change is astonishing.
He sits at his desk, writing letters or dreaming, so that he does not
always discover when the Senate is going to a division. Some one of his
party has not seldom to jog his elbow, and tell him that his vote is
wanted.
There can scarcely be a stronger contrast than between the eloquence of
Webster and that of Clay. Mr. Clay is now my personal friend; but I have
a distinct recollection of my impression of his speaking while he was
yet merely an acquaintance. His appearance is plain in the extreme,
being that of a mere west-country farmer. He is tall and thin, with a
weather-beaten complexion, small gray eyes, which convey an idea of
something more than his well-known sagacity, even of slyness. It is only
after much intercourse that Mr. Clay's personal appearance can be
discovered to do him any justice at all. All attempts to take his
likeness have been in vain, though upward of thirty portraits of him, by
different artists, were in existence when I was in America. No one has
succeeded in catching the subtile expression of placid kindness, mingled
with astuteness, which becomes visible to the eyes of those who are in
daily intercourse with him. His mode of talking, deliberate and somewhat
formal, including sometimes a grave humour and sometimes a gentle
sentiment, very touching from the lips of a sagacious man of ambition,
has but one fault, its obvious adaptation to the supposed state of mind
of the person to whom it is addressed. Mr. Clay is a man of an irritable
and impetuous nature, over which he has obtained a truly noble mastery.
His moderation is now his most striking characteristic; obtained, no
doubt, at the cost of prodigious self-denial on his own part, and on
that of his friends of some of the ease, naturalness, and
self-forgetfulness of his manners and discourse. But his conversation is
rich in information, and full charged with the spirit of justice and
kindliness, rising, on occasion, to a moving magnanimity. By chances, of
some of which he was totally unaware, I became acquainted with several
acts of his life, political and private, which prove that his moderation
is not the mere diffusion of oil upon the waves, but the true stilling
of the storm of passion and selfishness. The time may come when these
acts may be told; but it has not yet arrived.
Mr. Clay is sometimes spoken of as a "disappointed statesman," and he
would probably not object to call himself so; for it makes no part of
his idea of dignity to pretend to be satisfied when he is sorry, or
delighted with what he would fain have prevented; but he suffers only
the genuine force of disappointment, without the personal mortification
and loss of dignity which are commonly supposed to be included in it. He
once held the balance of the Union in his hand, and now belongs to the
losing party; he more than once expected to be president, and has now no
chance of ever being so. Thus far he is a disappointed statesman; but,
at the same time, he is in possession of more than an equivalent for
what he has lost, not only in the disciplined moderation of his temper,
but in the imperishable reality of great deeds done. No possession of
office could now add to his dignity any more than the total neglect of
the present generation of the people could detract from it. The fact
that Mr. Clay's political opinions are not in accordance with those now
held by the great body of the people is no disgrace to him or them,
while the dignity of his former services, supported by his present
patience and quietness, places him far above compassion, and every
feeling but respect and admiration. This admiration is exalted to
enthusiasm in those who know how difficult it is to a man of Mr. Clay's
nature, who has lived in public all his life, to fall back into
obscurity; an obscurity not relieved, alas! by the solace of a cheerful
home. Few spectacles can be more noble than he is in that obscurity,
discoursing of public men and affairs with a justice which no rivalship
can impair, and a hopefulness which no personal disappointment can
relax.