Webster, Daniel

born Jan. 18, 1782, Salisbury, N.H., U.S.

died Oct. 24, 1852, Marshfield, Mass.

U.S. lawyer and politician.

He served in the U.S. House of Representatives (1813–17). After moving to Boston (1816), he built a prosperous law practice and represented Massachusetts in the House (1823–27). He argued several precedent-setting cases before the U.S. Supreme Court, including the Dartmouth College case, McCulloch v. Maryland, and Gibbons v. Ogden. Elected to the U.S. Senate (1827–41, 1845–50), he became famous as an orator for his speeches supporting the Union and opposing the nullification movement and its advocates, John C. Calhoun and Robert Y. Hayne. As U.S. secretary of state (1841–43, 1850–52) he negotiated the Webster-Ashburton Treaty to settle the Canada-Maine border dispute.

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▪ American politician

Introduction

born January 18, 1782, Salisbury, New Hampshire, U.S.

died October 24, 1852, Marshfield, Massachusetts

 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 Academy in Exeter, 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 favoured 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 (Marshall, John)'s opinions and, through them, the development of constitutional law (Constitution of the United States of America). In Dartmouth College (Dartmouth College case) 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 (McCulloch v. Maryland) 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 (Gibbons v. Ogden) 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 (1812, War of).

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 (Hayne, Robert Young), presented the theory postulated by Vice President John C. Calhoun (Calhoun, John C) 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 President Andrew Jackson (Jackson, Andrew), supported him in resisting the attempt.

Whig leadership

 After the nullification crisis had been settled, Webster made overtures for a political alliance with Jackson, an alliance that presumably would have brought Webster to the presidency as Jackson's successor. But the two men disagreed on many issues, especially on the question of the Bank of the United States, which Jackson attacked as a dangerous and undemocratic monopoly and which Webster served in the capacities of legal counsel, director of the Boston branch, and Senate champion, along with Henry Clay (Clay, Henry) of Kentucky. Clay and Webster emerged as leaders of the Whig Party, a rather heterogeneous group opposed to Jackson and the Democrats. The Whigs failed to get the bank rechartered and thus lost the “Bank War.”

      Identified with the unpopular bank and stigmatized as a friend of the rich, Webster carried only his own state when he ran as one of three Whig presidential candidates in 1836. In 1841, however, he was appointed secretary of state after the Whigs had won the election with an Ohio war hero, William Henry Harrison (Harrison, William Henry), and a renegade Virginia Democrat, John Tyler (Tyler, John), as vice president. After Harrison's death, Webster remained in Tyler's cabinet, even though Clay induced the other members to resign in protest against Tyler's antibank and antitariff stand.

      Webster again had hopes of forming a new political combination, this time with Tyler. He also hoped to arrange a settlement of the Maine boundary dispute and other controversies with Great Britain. This he succeeded in doing by means of the Webster-Ashburton Treaty (Webster–Ashburton Treaty) (1842), for which he gained popular approval with newspaper propaganda he paid for with secret State Department funds. But he had no chance to realize the dream of a Tyler-Webster party, and he left the cabinet in 1843.

      To persuade Webster to go back to the Senate in 1845, the businessmen of Boston and New York raised a fund to supplement his income, as they had done on previous occasions. House Democrats charged that he was “the pensioned agent of the manufacturing interest.” Along with other Whigs in Congress, he accused President James K. Polk (Polk, James K.) of maneuvering the country into war with Mexico, and he demanded that the war (in which one of his sons died) be brought to an early end. Some of his colleagues supported the Wilmot Proviso—to prohibit slavery in all lands acquired from Mexico—but he went even further and opposed the acquisition of any territory.

Advocate of sectional compromise

      During the postwar sectional crisis Webster nevertheless spoke out, March 7, 1850, in favour of Clay's compromise proposals, one of which would organize territories in the Mexican cession with no prohibition of slavery. His argument that such a prohibition was unnecessary because the West was geographically unsuitable for the plantation system pleased businessmen but infuriated antislavery Whigs. As secretary of state in President Millard Fillmore (Fillmore, Millard)'s cabinet, 1850–52, he used all the influence at his disposal in trying to enforce the provision of the Compromise of 1850 (1850, Compromise of) that was most unpopular in the North—the new law for the return of fugitive slaves. He was prompted by the belief that conservatives in both the North and the South might combine in a “Union” Party to make him president in 1852, and he could not restrain his bitterness when his presidential ambition was again thwarted.

      For years it had been Webster's custom, when frustrated in politics, to seek refuge in the avocation of gentleman farmer, an expensive hobby that helped to keep his personal finances precarious. He owned farms in several states, but his favourite was the one located at Marshfield on the Massachusetts coast. And there, in 1852, he died.

Assessment

      During the first generation after his death, former abolitionists and their sympathizers, remembering Webster's support of the Compromise of 1850, often pictured him as a man whose career had come to ruin because of his character defects. The memoirs of President John Quincy Adams (Adams, John Quincy), published in the 1870s, contained a reference to “the gigantic intellect, the envious temper, the ravenous ambition, and the rotten heart of Daniel Webster.” Meanwhile, his former intimates recalled him as the “godlike Daniel,” a man of irresistible charm as well as surpassing statesmanship. Some writers said his patriotic phrases inspirited the Union during the Civil War, and certainly Abraham Lincoln (Lincoln, Abraham) echoed a number of those phrases.

      During the second generation after Webster's death, his fame as a nationalist came to prevail over his disrepute as a compromiser. School-children recited his second reply to Hayne, and most Americans considered him the greatest of the “great triumvirate”—Webster, Calhoun, and Clay.

      By the second half of the 20th century Webster had ceased to be as well known or as highly rated. Still, he remained a timely figure on account of his conservative philosophy. Like him, the later spokesmen for business assumed that government could promote the general welfare by aiding corporate enterprise. They could have invoked his authority, but they seldom quoted or even mentioned him.

Richard N. Current

Additional Reading

The standard biography is Claude M. Fuess, Daniel Webster, 2 vol. (1930, reprinted 1968). Richard N. Current, Daniel Webster and the Rise of National Conservatism (1955, reprinted 1962), emphasizes the patterns of his thought. Speak for Yourself, Daniel: A Life of Webster in His Own Words, ed. by Walker Lewis (1969), amounts to a kind of synthesized autobiography. Irving H. Bartlett, Daniel Webster (1978), is well written and well researched, based on Webster's papers and other manuscripts published in the 1970s. C.H. Van Tyne (ed.), The Letters of Daniel Webster (1902, reprinted 1970), is based on documents owned by the New Hampshire Historical Society. Charles M. Wiltse has edited a comprehensive microfilm edition of the Webster papers and has prepared a Guide and Index to the Microfilm (1971), which provides a valuable introduction to the study of Webster. Also edited by Wiltse et al., The Papers of Daniel Webster (1974– ).

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