The first great National success of the Whig party was in the election
of their candidates for President and Vice-President in 1840, William
Henry Harrison, of Ohio, and John Tyler, of Virginia, being the
successful nominees. The previous influence of the party in many States
of the Union, their ability to carry out great local measures in their
respective locations, and their party power in Congress, but made the
political contest which was long and bitter, the more active and
important. Party strife ran to the highest pitch throughout the whole
country, and Mr. Webster, who was the acknowledged head in the North,
and one of the principal originators of the National Whig organization
in the United States, was looked up to as a most important personage in
the contest, and his influence was deeply felt and appreciated. General
Harrison early selected Mr. Webster for one of his Cabinet, and offered
him the choice between the Treasury and the State Department. Mr.
Webster chose the latter, and during the short month of General
Harrison's life, laid out the ground plan of that important work which
kept him so busily employed for the next two years, and which under no
circumstances during the contest between Mr. Tyler, the succeeding
President, and the Whig party, did he feel willing to leave to the
chances of a settlement by a successor less familiar and perhaps less
skilled in National affairs with foreign governments than himself.
Although Mr. Webster was generally sustained by the party friends in
Congress, and in part by the whole country, the shortsighted, less
skilful, and more selfish of Whig partisans denounced him in unmeasured
terms through the press and upon the stump, for not forsaking his post
and leaving the President with the rest of the Cabinet. It was here, at
the great pivotal turn of the Whig party, so far as Mr. Webster was
concerned, and not at a later period, while in the Senate where he
delivered his seventh of March speech, or in the Cabinet of President
Fillmore, that the great coalition of radical partisans was made against
him. The most bitter denunciations were launched by this premeditated
alliance of selfish politicians, who, not having been able to bit,
bridle, and drive Mr. Webster, were determined to rule or ruin, through
his political disfranchisement, from the great party he was virtually
the father of. All this, too, by false pretence; for a cool review of
Mr. Webster's course has satisfied the country that the great depth of
motive, prescience of danger to the Union and in fact, purpose of that
speech, was, in the highest sense, proper and patriotic, and in no way
at variance with the interpretation of either the old or new
Constitution as now understood. The occasion was seized upon, having
failed in their first effort to denounce and defame him, in the hope of
thus building up an influence with some candidate for President, whom
they could control for their own selfish purposes. It will be remembered
that some of Mr. Webster's friends, or, at least, those who claimed to
be such, took occasion to forsake him at that time. He, however, went
into the Cabinet of President Fillmore after the death of General
Taylor, where he remained until his death. The bill pending before
Congress when he left it, was altered after Mr. Webster's speech, and he
stated to his friends that he should have proposed amendments to it on
its final passage, if he had been in the Senate. It was at this time
that he prepared the following paper, which I have always designated as
"Webster's Vindication." This document, as shown by the endorsement, in
the handwriting of Colonel Fletcher Webster, was proposed to the Cabinet
by Mr. Webster, in October, 1850, who intended it as a mandate to the
United States officials in all the States, but it was rejected by
President Fillmore, who did not wish thus to be committed. There is no
doubt about the genuineness of the document itself. It was found in
looking over Mr. Webster's papers before the Webster mansion was burned,
and was presented to the writer by Mrs. Fletcher Webster, some years
before it was made public, at the Webster Centennial Celebration at
Marshfield in 1882, where it was first read in the presence of President
Arthur, who was at the meeting. It speaks strongly for itself, and is
all that will be needed, at this late day, to convince every
dispassionate lover of justice and truth, of Webster's sincerity and
singleheartedness of motive, and his unswerving loyalty to the
Constitution and the Union.
[Illustration: DANIEL WEBSTER.[1]]
"PROPOSED
"CABINET CIRCULAR OF DANIEL WEBSTER, OCTOBER, 1850.
"The open manner in which disunion, secession, or a separation of the
States, is suggested and recommended in some parts of the country,
naturally calls on those to whom are confided the power and trust of
maintaining the Constitution, and seeing that the laws of the United
States be faithfully executed, to reflect upon the duties which events
not yet indeed probable, but possible, may require them to perform. In
the Northern and Eastern States, these sentiments of disunion are
espoused principally by persons of heated imaginations, assembling
together and passing resolutions of such wild and violent character as
to render them nearly harmless. It is not so in other parts of the
country. There are States in the South in which secession and
dismemberment are proposed or recommended by persons of character and
influence, filling stations of high public trust, and, it is painful to
add, in some instances, not unconnected with the Government of the
United States itself. Legislatures of some of the States have directed
the government of those States to reassemble them in the contingency of
the passage of certain laws by Congress. While these occurrences do not
constitute an exigency calling for any positive proceeding either by the
Executive Government of the United States or by Congress, yet they
justly awaken attention, and admonish those in whose hands the
administration of the government is placed, not to be found either
unadvised, surprised, or unprepared, should a crisis arrive. The
Constitution of the United States is founded on the idea of a division
of power between the general government and the respective State
governments; and this division is marked out and defined by the
Constitution of the United States with as much distinctness and accuracy
as the nature of the subject and the imperfection of language will
admit. The powers of Congress are specifically enumerated, and all other
powers necessary to carry these specified powers into effect are also
expressly granted. The Constitution was adopted by the people in the
several States, acting through the agency of conventions chosen by
themselves; the Legislatures of the States had nothing to do with this
proceeding, but to regulate the time and manner in which these
conventions thus chosen by the people, the true source of all power,
should assemble. The Constitution of the United States purports to be a
perpetual form of government; it contains no limits for its duration,
and suggests no means and no form of proceeding by which it can be
dissolved, or its obligations dispensed with; it requires the personal
allegiance of every citizen of the United States, and demands a solemn
oath for its support from every man employed in any public trust,
whether under the Government of the United States, or any State
government. This obligation and this oath are enjoined in broad and
general terms without qualification or modification, and with reference
to no supposed possible change of circumstances or events.
"No man can sit in a State Legislature, or on the bench of a State
court, or execute the process of such court, or hold a commission in the
militia, or fill any other office in a State government, without having
first taken and subscribed an oath to support the Constitution of the
United States. Without looking, therefore, to what might be the result
of forcible revolution, since such cases can, of course, be governed by
no previously established rule, it is certainly the manifest duty of all
those who are entrusted with the Government of the United States in its
several branches and departments to uphold and maintain that government
to the full extent of its constitutional power and authority, to enact
all laws necessary to that end, and to take care that those laws be
executed by all the means created and conferred by the Constitution
itself. We are to look to but one future, and that a future in which the
Constitution of the country shall stand as it now stands; laws passed in
conformity to it to be executed as they have hitherto been executed, and
the public peace maintained as it has hitherto been maintained.
Whatsoever of the future may be supposed to lie out of this line, is not
so much a thing to be expected, as a thing to be feared and dreaded, and
to be guarded against by the firmest resolution and the utmost vigilance
of all who are entrusted with the conduct of public affairs; no
alternative can be presented which is to authorize them to depart from
the course which they have sworn to pursue. In conferring the necessary
powers on the general government, it was foreseen that questions as to
the just extent of those powers might occur, and that cases of conflict
between the laws of the United States and the laws of individual States
might arise. It was of indispensable necessity, therefore, that the
manner in which such questions should be settled, and the tribunal which
should have the ultimate authority to decide them, should be established
and fixed by the Constitution itself: and this has been clearly and
amply done. By the Constitution of the United States, that instrument
itself, all acts of Congress passed in conformity to it, and public
treaties, constitute the supreme law of the land, and are to be of
controlling force and effect, anything in any State constitution or
State law to the contrary notwithstanding; and the judges in every
State, as well as of the courts of the United States, are expressly
bound thereby. The supreme rule, then, is plainly and clearly declared
and established: it is the Constitution of the United States, the laws
of Congress passed in pursuance thereof, and treaties made under the
authority of the United States. And here the great and turning question
arises, Who in the last resort is to construe and interpret this supreme
law? If it be alleged, for example, that a particular act of a State
Legislature is a violation of the Constitution of the United States, and
therefore void, what tribunal has authority finally to determine this
important question? It is evident that if this power had not been vested
in the tribunals of the United States, the government would have wanted
the means of its own preservation; all its granted powers would have
depended upon the variable and uncertain decisions of State courts.
"It is a well-established maxim in political organization, that the
judicial power must be made co-extensive with the constitutional and
legislative power; otherwise there can be no adequate provision for the
interpretation and execution of the laws. In conformity with this plain
and necessary principle, the Constitution declares that the judicial
power of the United States shall extend to all cases in law and equity
arising under the Constitution, the laws of the United States and
treaties, no matter in what court such a case arises. Whenever and
wherever such a case comes up, the judicial power of the United States
extends to it, and attaches upon it; and if it arise in any State court,
the acts of Congress have made provision for its transfer to the Supreme
Court of the United States, there to be finally heard and adjudged. This
proceeding is well known to the profession, and need not now be
particularly stated or rehearsed. Finally, the President of the United
States is by the Constitution made commander-in-chief of the army and
navy, and of the militia when called into the actual service of the
United States; and all these military means are put under his control in
order that he may be able to see that the laws be faithfully executed.
The Government of the United States, therefore, though a government of
limited powers, is complete in itself, and, to the extent of those
powers, possesses all the faculties for legislation, interpretation and
execution of the laws, and nothing is necessary but fidelity in all
those who are elected by the people to hold office in its various
departments to cause it to be upheld, maintained, and efficiently
administered.
"The Constitution assigns particular classes of causes to the original
jurisdiction of the Supreme Court, and other courts are to exercise such
powers and duties as are or may be prescribed by Congress. Congress has
not as yet found it necessary or expedient to confer on the circuit or
other inferior courts all the jurisdiction created or authorized by the
Constitution; thus there are many cases in which a summary jurisdiction
usually belonging to courts, such as that of mandamus and injunction,
are not provided for by general law, but some such cases are provided
for. Thus by the act of March 2, 1833, it is declared that the
jurisdiction of the Circuit Courts of the United States shall extend to
all cases in law or equity arising under the revenue laws of the United
States; and if any person be injured in his person or property on
account of any act by him done under any revenue law of the United
States, he may bring suit immediately in the Circuit Court of the United
States; and if he be sued in any State court for such act, he may cause
such suit to be immediately removed into the Circuit Court of the United
States; and if the State court refuse a copy of its record, that record
may be supplied by affidavit; and if the defendant be under arrest, or
in custody, he is to be brought by _habeas corpus_ before the Circuit
Court of the United States. Under the first part of these provisions,
writs of mandamus and injunction may be issued, and all other writs and
processes suitable to the case; and any judge of any court of the United
States is authorized to grant writs of _habeas corpus_ in all cases of
prisoners committed or confined for any act done in pursuance of a law
of the United States, or of any order, process or decree of any court of
the United States. These provisions are all found in the permanent
sections of the act of Congress already referred to. The importance and
efficiency of these provisions, if events were to arise in which
obstruction to the collection of revenue should be attempted or
threatened, are too obvious to require comment. The several district
attorneys of the United States will take especial care to inform
themselves of these enactments of law, and be prepared to cause them to
be enforced in the first and in every case which may arise, justly
calling for their application.
"Declarations merely theoretical, or resolutions only declaratory of
opinions, from however high authority emanating, cannot properly be made
the subject of legal or judicial proceedings. They may be very
intemperate, they may be very exceptional, they may be very
unconstitutional; but until something shall be actually done or
attempted, hindering or obstructing the execution of the laws of the
United States, or injuring those employed in their execution, the
officers of the government will remain vigilant indeed, and prepared for
events, but without any positive exercise of authority. It is most
earnestly to be hoped that the returning good sense of the people in all
the States, and an increase of harmony and brotherly good will
everywhere, may prevent the necessity of resorting to the exercise of
legal authority; it is to be hoped that all good citizens will be much
more inclined to reflect on the value of the Union and the benefits
which it has conferred upon all, than to speculate upon impracticable
means for its severance or dissolution. No State legislation, it is
evident, is competent to declare such severance or dissolution--the
people of no State have clothed their Legislature with any such
authority; any act therefore proclaiming such severance by a
Legislature, would be merely null and void as altogether exceeding its
constitutional powers. No State was brought into the Union by the
Legislature thereof, and no State can be put out of the Union by the
Legislature thereof. Doubtless it is to be admitted that revolution,
forcible revolution, may produce dismemberment more or less extensive;
but there is no power on earth competent, by any peaceable or recognized
manner of proceeding, to discharge the consciences of the citizens of
the United States from the duty of supporting the Constitution. The
government may be overthrown, or the Union broken into fragments by
force of arms or force of numbers, but neither can be done by any
prescribed form or peaceable existing authority."