The Great Speeches and Orations of Daniel Webster Part 66

Well, Gentlemen, it was one of the most painful duties of my life, on account of this, to refuse my a.s.sent to Mr. Van Buren's nomination. It was novel in our history, when an administration changes, for the new administration to seek to obtain privileges from a foreign power on the a.s.sertion that they have abandoned the ground of their predecessors. I suppose that such a course is held to be altogether undignified by all public men. When I went into the Department of State under General Harrison, I found in the conduct of my predecessor many things that I could have wished had been otherwise. Did I retract a jot or t.i.ttle of what Mr. Forsyth had said? I took the case as he had left it, and conducted it upon the principles which he left. I should have considered that I disgraced myself if I had said, "Pray, my Lord Ashburton, we are more rational persons than our predecessors, we are more considerate than they, and intend to adopt an entirely opposite policy. Consider, my dear Lord, how much more friendly, reasonable, and amiable we are than our predecessors."

But now, on this very subject of the extension of the slave power, I would by no means do the least injustice to Mr. Van Buren. If he has come up to some of the opinions expressed in the platform of the Buffalo Convention, I am very glad of it. I do not mean to say that there may not be very good reasons for those of his own party who cannot conscientiously vote for General Ca.s.s to vote for him, because I think him much the least dangerous of the two. But, in truth, looking at Mr.

Van Buren's conduct as President of the United States, I am amazed to find that he should be placed at the head of a party professing to be, beyond all other parties, friends of liberty and enemies of African slavery in the Southern States. Why, the very first thing that Mr. Van Buren did after he was President was to declare, that, if Congress interfered with slavery in the District of Columbia, he would apply the veto to their bills. Mr. Van Buren, in his inaugural address, quotes the following expression from his letter accepting his nomination: "I must go into the Presidential chair the inflexible and uncompromising opponent of every attempt on the part of Congress to abolish slavery in the District of Columbia against the wishes of the slave-holding States; and also with a determination equally decided to resist the slightest interference with it in the States where it exists." He then proceeds: "I submitted also to my fellow-citizens, with fulness and frankness, the reasons which led me to this determination. The result authorizes me to believe that they have been approved and are confided in by a majority of the people of the United States, including those whom they most immediately affect. It now only remains to add, that no bill conflicting with these views can even receive my const.i.tutional sanction."

In the next place, we know that Mr. Van Buren's casting vote was given for a law of very doubtful propriety,--a law to allow postmasters to open the mails and see if there was any incendiary matter in them, and, if so, to destroy it. I do not say that there was no const.i.tutional power to pa.s.s such a law. Perhaps the people of the South thought it was necessary to protect themselves from incitements to insurrection. So far as any thing endangers the lives and property of the South, so far I agree that there may be such legislation in Congress as shall prevent such results.

But, Gentlemen, no man has exercised a more controlling influence on the conduct of his friends in this country than Mr. Van Buren. I take it that the most important event in our time tending to the extension of slavery and its everlasting establishment on this continent, was the annexation of Texas, in 1844. Where was Mr. Van Buren then? Let me ask, Three or four years ago, where was he THEN? Every friend of Mr. Van Buren, so far as I know, supported the measure. The two Senators from New York supported it, and the members of the House of Representatives from New York supported it, and n.o.body resisted it but Whigs. And I say in the face of the world, I say in the face of those connected with, or likely to be benefited by, the Buffalo Convention,--I say to all of them, that there has been no party of men in this country which has firmly and sternly resisted the progress of the slave power but the Whigs.

Why, look to this very question of the annexation of Texas. We talk of the dictation of the slave power! At least they do, I do not. I do not allow that anybody dictates to me. They talk of the triumph of the South over the North! There is not a word of truth or reason in the whole of it. I am bound to say on my conscience, that, of all the evils inflicted upon us by these acquisitions of slave territory, the North has borne its full part in the infliction. Northern votes, in full proportion, have been given in both houses for the acquisition of new territory, in which slavery existed. We talk of the North. There has for a long time been no North. I think the North Star is at last discovered; I think there will be a North; but up to the recent session of Congress there has been no North, no geographical section of the country, in which there has been found a strong, conscientious, and _united_ opposition to slavery. No such North has existed.

Pope says, you know,

"Ask where's the North? At York, 'tis on the Tweed; In Scotland, at the Orcades; and there, At Greenland, Zembla, or the Lord knows where."

Now, if there has heretofore been such a _North_ as I have described, a North strong in opinion and united in action against slavery,--if such a _North_ has existed anywhere, it has existed "the Lord knows where," I do not. Why, on this very question of the admission of Texas, it may be said with truth, that the North let in Texas. The Whigs, North and South, resisted Texas. Ten Senators from slave-holding States, of the Whig party, resisted Texas. Two, only, as I remember, voted for it. But the Southern Whig votes against Texas were overpowered by the Democratic votes from the Free States, and from New England among the rest. Yes, if there had not been votes from New England in favor of Texas, Texas would have been out of the Union to this day. Yes, if men from New England had been true, Texas would have been nothing but Texas still. There were four votes in the Senate from New England in favor of the admission of Texas, Mr. Van Buren's friends, Democratic members: one from Maine; two from New Hampshire; one from Connecticut. Two of these gentlemen were confidential friends of Mr. Van Buren, and had both been members of his cabinet. They voted for Texas; and they let in Texas, against Southern Whigs and Northern Whigs. That is the truth of it, my friends. Mr. Van Buren, by the wave of his hand, could have kept out Texas. A word, a letter, though it had been even shorter than General Ca.s.s's letter to the Chicago Convention, would have been enough, and would have done the work. But he was silent.

When Northern members of Congress voted, in 1820, for the Missouri Compromise, against the known will of their const.i.tuents, they were called "Dough Faces." I am afraid, fellow-citizens, that the generation of "dough faces" will be as perpetual as the generation of men.

In 1844, as we all know, Mr. Van Buren was a candidate for the Presidency, on the part of the Democratic party, but lost the nomination at Baltimore. We now learn, from a letter from General Jackson to Mr.

Butler, that Mr. Van Buren's claims were superseded, because, after all, the South thought that the accomplishment of the annexation of Texas might be more safely intrusted to Southern hands. We all know that the Northern portion of the Democratic party were friendly to Mr. Van Buren.

Our neighbors from New Hampshire, and Maine, and elsewhere, were Van Buren men. But the moment it was ascertained that Mr. Polk was the favorite of the South, and the favorite of the South upon the ground I have mentioned, as a man more certain to bring about the annexation of Texas than Mr. Van Buren, these friends of Mr. Van Buren in the North all "caved in,"--not a man of them stood. Mr. Van Buren himself wrote a letter very complimentary to Mr. Polk and Mr. Dallas, and found no fault with the nomination.

Now, Gentlemen, if they were "dough faces" who voted for the Missouri Compromise, what epithet should describe these men, here in our New England, who were so ready, not only to change or abandon him whom they most cordially wished to support, but did so in order to make more sure the annexation of Texas. They nominated Mr. Polk at the request of gentlemen from the South, and voted for him, through thick and thin, till the work was accomplished, and Mr. Polk elected. For my part, I think that "dough faces" is an epithet not sufficiently reproachful.

Such persons are dough faces, with dough heads, and dough hearts, and dough souls; they are _all_ dough; the coa.r.s.est potter may mould them to vessels of honor or dishonor,--most readily to vessels of _dis_honor.

But what do we now see? Repentance has gone far. There are among these very people, these very gentlemen, persons who espouse, with great zeal, the interests of the Free Soil party. I hope their repentance is as sincere as it appears to be. I hope it is honest conviction, and not merely a new chance for power, under a new name and a new party. But, with all their pretensions, and with all their patriotism, I see dough still sticking on the cheeks of some of them. And therefore I have no confidence in them, not a particle. I do not mean to say, that the great ma.s.s of the people, especially those who went to the Buffalo Convention from this State, have not the highest and purest motives. I think they act unwisely, but I acquit them of dishonest intentions. But with respect to others, and those who have been part and parcel in the measures which have brought new slave territory into this Union, I distrust them all. If they repent, let them, before we trust them, do works worthy of repentance.

I have said, Gentlemen, that in my opinion, if it were desirable to place Mr. Van Buren at the head of government, there is no chance for him. Others are as good judges as I am. But I am not able to say that I see any State in the Union in which there is a reasonable probability that he will get the vote. There may be. Others are more versed in such statistics than I am. But I see none, and therefore I think that we are reduced to a choice between General Ca.s.s and General Taylor. You may remember, that in the discussions of 1844, when Mr. Birney was drawing off votes from the Whig candidate, I said that every vote for Mr. Birney was half a vote for Mr. Polk. Is it not true that the vote of the Liberty party taken from Mr. Clay's vote in the State of New York made Mr. Polk President? That is as clear as any historical fact. And in my judgment, it will be so now. I consider every Whig vote given to Mr. Van Buren, as directly aiding the election of Mr. Ca.s.s. Mark, I say, _Whig_ vote. There may be States in which Mr. Van Buren may draw from the other side largely. But I speak of Whig votes, in this State and in any State.

And I am of opinion, that any such vote given to Mr. Van Buren inures to the benefit of General Ca.s.s.

Now as to General Ca.s.s, Gentlemen. We need not go to the Baltimore platform to instruct ourselves as to what his politics are, or how he will conduct the government. General Ca.s.s will go into the government, if at all, chosen by the same party that elected Mr. Polk; and he will "follow in the footsteps of his ill.u.s.trious predecessor." I hold him, I confess, in the present state of the country, to be the most dangerous man on whom the powers of the executive chief magistracy could well be conferred. He would consider himself, not as conservative, not as protective to present inst.i.tutions, but as belonging to the party of Progress. He believes in the doctrine of American destiny; and that that destiny is, to go through wars and invasions, and maintain vast armies, to establish a great, powerful, domineering government over all this continent. We know that, if Mr. Ca.s.s could have prevented it, the treaty with England in 1842 would not have been made. We know that, if Mr. Ca.s.s could have prevented it, the settlement of the Oregon question would not have been accomplished in 1846. We know that General Ca.s.s could have prevented the Mexican war; and we know that he was first and foremost in pressing that war. We know that he is a man of talent, of ability, of some celebrity as a statesman, in every way superior to his predecessor, if he should be the successor of Mr. Polk. But I think him a man of rash politics, pushed on by a rash party, and committed to a course of policy, as I believe, not in consistency with the happiness and security of the country. Therefore it is for you, and for me, and for all of us, Whigs, to consider whether, in this state of the case, we can or cannot, we will or will not, give our votes for the Whig nomination. I leave that to every man's conscience. I have endeavored to state the case as it presents itself to me.

Gentlemen, before General Taylor's nomination, I stated always, when the subject was mentioned by my friends, that I did not and could not recommend the nomination of a military man to the people of the United States for the office of President. It was against my conviction of what was due to the best interests of the country, and to the character of the republic. I stated always, at the same time, that if General Taylor should be nominated by the Whig Convention, fairly, I should not oppose his election. I stand now upon the same declaration. General Taylor has been nominated fairly, as far as I know, and I cannot, therefore, and shall not, oppose his election. At the same time, there is no man who is more firmly of opinion that such a nomination was not fit to be made.

But the declaration that I would not oppose General Taylor, if nominated by the Whig party, was of course subject, in the nature of things, to some exceptions. If I believed him to be a man who would plunge the country into further wars for any purpose of ambition or conquest, I would oppose him, let him be nominated by whom he might. If I believed that he was a man who would exert his official influence for the further extension of the slave power, I would oppose him, let him be nominated by whom he might. But I do not believe either. I believe that he has been, from the first, opposed to the policy of the Mexican war, as improper, impolitic, and inexpedient. I believe, from the best information I can obtain,--and you will take this as my own opinion, Gentlemen,--I believe, from the best information I can obtain, that he has no disposition to go to war, or to form new States in order to increase the limits of slavery.

Gentlemen, so much for what may be considered as belonging to the Presidency as a national question. But the case by no means stops here.

We are citizens of Ma.s.sachusetts. We are Whigs of Ma.s.sachusetts. We have supported the present government of the State for years, with success; and I have thought that most Whigs were satisfied with the administration of the State government in the hands of those who have had it. But now it is proposed, I presume, on the basis of the Buffalo Platform, to carry this into the State elections, as well as into the national elections. There is to be a nomination of a candidate for Governor, against Mr. Briggs, or whoever may be nominated by the Whigs; and there is to be a nomination of a candidate for Lieutenant-Governor, against Mr. Reed, or whoever may be nominated by the Whigs; and there are to be nominations against the present members of Congress. Now, what is the utility or the necessity of this? We have ten members in the Congress of the United States. I know not ten men of any party who are more zealous, and firm, and inflexible in their opposition against slavery in any form.

And what will be the result of opposing their re-election? Suppose that a considerable number of Whigs secede from the Whig party, and support a candidate of this new party, what will be the result? Do we not know what has been the case in this State? Do we not know that this district has been unrepresented from month to month, and from year to year, because there has been an opposition to as good an antislavery man as breathes the air of this district? On this occasion, and even in his own presence, I may allude to our Representative, Mr. Hale. Do we want a man to give a better vote in Congress than Mr. Hale gives? Why, I undertake to say that there is not one of the Liberty party, nor will there be one of this new party, who will have the least objection to Mr. Hale, except that he was not nominated by themselves. Ten to one, if the Whigs had not nominated him, they would have nominated him themselves; doubtless they would, if he had come into their organization, and called himself a third party man.

Now, Gentlemen, I remember it to have occurred, that, on very important questions in Congress, the vote was lost for want of two or three members which Ma.s.sachusetts might have sent, but which, in consequence of the division of parties, she did not send. And now I foresee that, if in this district any considerable number of Whigs think it their duty to join in the support of Mr. Van Buren, and in the support of gentlemen whom that party may nominate for Congress, the same thing will take place, and we shall be without a representative, in all probability, in the first session of the next Congress, when the battle is to be fought on this very slavery question. The same is likely to happen in other districts. I am sure that honest, intelligent, and patriotic Whigs will lay this consideration to their consciences, and judge of it as they think they ought to do.

Gentlemen, I will detain you but a moment longer. You know that I gave my vote in Congress against the treaty of peace with Mexico, because it contained these cessions of territory, and brought under the authority of the United States, with a pledge of future admission into the Union, the great, vast, and almost unknown countries of New Mexico and California.

In the session before the last, one of the Southern Whig Senators, Mr.

Berrien of Georgia, had moved a resolution, to the effect that the war ought not to be continued for the purposes of conquest and acquisition.

The resolution declared that the war with Mexico ought not to be prosecuted by this government with any view to the dismemberment of that republic, or to the acquisition, by conquest, of any portion of her territory. That proposition he introduced into the Senate, in the form of a resolution; and I believe that every Whig Senator but one voted for it. But the Senators belonging to the Locofoco or Democratic party voted against it. The Senators from New York voted against it. General Ca.s.s, from the free State of Michigan, Mr. Fairfield, from Maine, Mr. Niles, from Connecticut, and others, voted against it, and the vote was lost.

That is, these gentlemen,--some of them very prominent friends of Mr.

Van Buren, and ready to take the field for him,--these very gentlemen voted not to exclude territory that might be obtained by conquest. They were willing to bring in the territory, and then have a squabble and controversy whether it should be slave or free territory. I was of opinion that the true and safe policy was, to shut out the whole question by getting no territory, and thereby keep off all controversy.

The territory will do us no good, if free; it will be an enc.u.mbrance, if free. To a great extent, it will produce a preponderance in favor of the South in the Senate, even if it be free. Let us keep it out, therefore.

But no. We will make the acquisition, bring in the territory, and manage it afterwards. That was the policy.

Gentlemen, in an important crisis in English history, in the reign of Charles the Second, when the country was threatened by the accession to the throne of a prince, then called the Duke of York, who was a bigot to the Roman Catholic religion, a proposition was made to exclude him from the crown. Some said that was a very rash measure, brought forward by very rash men; that they had better admit him, and then put limitations upon him, chain him down, restrict him. When the debate was going on, a member is reported to have risen and expressed his sentiments by rather a grotesque comparison, but one of considerable force:--

"I hear a lion, in the lobby roar!

Say, Mr. Speaker, shall we shut the door, And keep him out; or shall we let him in, And see if we can get him out again?"

I was for shutting the door and keeping the lion out. Other more confident spirits, who are of the character of Van Amburgh, were for letting him in, and disturbing all the interests of the country. When this Mexican treaty came before the Senate, it had certain clauses ceding New Mexico and California to the United States. A Southern gentleman, Mr. Badger, of North Carolina, moved to strike out those clauses. Now you understand, that if a motion to strike out a clause of a treaty be supported by one third, it will be struck out; that is, two thirds of the Senate must vote for each clause, in order to have it retained. The vote on this question of striking out stood 38 to 14, not quite one third being against the cession, and so the clause was retained. And why were there not one third? Just because there were four New England Senators voting for these new territories. That is the reason.

I hope I am as ardent an advocate for peace as any man living; but I would not be carried away by the desire for peace to commit an act which I believed highly injurious, likely to have consequences of a permanent character, and indeed to endanger the existence of the government.

Besides, I believed that we could have struck out the cessions of territory, and had peace just as soon. And I would be willing to go before the people and leave it to them to say, whether they would carry on the war any longer for acquisition of territory. If they would, then they were the artificers of their own fortunes. I was not afraid of the people on that subject. But if this course had continued the war somewhat longer, I would have preferred that result, rather than that those territories lying on our southern border should come in hereafter as new States. I should speak, perhaps, with more confidence, if some Whigs of the North had not voted for the treaty. My own opinion was then clear and decisive. For myself I thought the case a perfectly plain one, and no man has yet stated a reason to convince me to the contrary.

I voted to strike out the articles of cession. They would have been struck out if four of the New England Senators had not voted against the motion. I then voted against the ratification of the treaty, and that treaty would have failed if three New England Senators had not voted for it, and Whig Senators too. I should do the same thing again, and with much more resolution. I would have run a still greater risk, I would have endured a still greater shock, I would have risked anything, rather than have been a partic.i.p.ator in any measure which should have a tendency to annex Southern territory to the States of the Union. I hope it will be remembered, in all future time, that on this question of the accession of these new territories of almost boundless extent, I voted against them, and against the treaty which contained them, notwithstanding all inducements to the contrary, and all the cries, which I thought hasty and injudicious, of "Peace! Peace on any terms!" I will add, that those who voted against the treaty were gentlemen from so many parts of the country, that its rejection would have been an act rather of national than of local resistance. There were votes against it from both parties, and from all parties, the South and the West, the North and the East. What we wanted was a few more New England votes.

Gentlemen, after I had the honor of receiving the invitation to meet my fellow-citizens, I found it necessary, in the discharge of my duty, though with great inconvenience to my health, to be present at the closing scenes of the session. You know what there transpired. You know the important decision that was made in both houses of Congress, in regard to Oregon. The immediate question respected Oregon, or rather the bill respected Oregon, but the question more particularly concerned these new territories. The effect of the bill as pa.s.sed in the Senate was to establish these new territories as slave-holding States. The House disagreed. The Senate receded from their ground, and the bill pa.s.sed, establishing Oregon as a free Territory, and making no provision for the newly acquired territories on the South. My vote, and the reasons I gave for it, are known to the good people of Ma.s.sachusetts, and I have not heard that they have expressed any particular disapprobation of them.

But this question is to be resumed at the first session of the next Congress. There is no probability that it will be settled at the next session of this Congress. But at least at the first session of the next Congress this question will be resumed. It will enter at this very period into all the elections of the South.

And now I venture to say, Gentlemen, two things; the first well known to you, that General Ca.s.s is in favor of what is called the Compromise Line, and is of opinion that the Wilmot Proviso, or the Ordinance of 1787, which excludes slavery from territories, ought not to be applied to territories lying south of 36 30'. He announced this before he was nominated, and if he had not announced it, he would have been 36 30'

farther off from being nominated. In the next place, he will do all he can to establish that compromise line; and lastly, which is a matter of opinion, in my conscientious belief he will establish it.

Give him the power and the patronage of the government, let him exercise it over certain portions of the country whose representatives voted on this occasion to put off that question for future consideration; let him have the power of this government with his attachments, with his inducements, and we shall see the result. I verily believe, that unless there is a renewed strength, an augmented strength, of Whig votes in Congress, he will accomplish his purpose. He will surely have the Senate, and with the patronage of the government, with every interest which he can bring to bear, co-operating with every interest which the South can bring to bear, he will establish the compromise line. We cry safety before we are out of the woods, if we feel that the danger respecting the territories is over.

Gentlemen, I came here to confer with you as friends and countrymen, to speak my own mind and hear yours; but if we all should speak, and occupy as much time as I have, we should make a late meeting. I shall detain you no longer. I have been long in public life, longer, far longer than I shall remain there. I have had some partic.i.p.ation for more than thirty years in the councils of the nation. I profess to feel a strong attachment to the liberty of the United States, to the Const.i.tution and free inst.i.tutions of this country, to the honor, and I may say the glory, of my native land. I feel every injury inflicted upon it, almost as a personal injury. I blush for every fault which I think I see committed in its public councils, as if they were faults or mistakes of my own. I know that, at this moment, there is no object upon earth so much attracting the gaze of the intelligent and civilized nations of the earth as this great republic. All men look at us, all men examine our course, all good men are anxious for a favorable result to this great experiment of republican liberty. We are on a hill and cannot be hid. We cannot withdraw ourselves either from the commendation or the reproaches of the civilized world. They see us as that star of empire which half a century ago was represented as making its way westward. I wish they may see it as a mild, placid, though brilliant orb, moving athwart the whole heavens to the enlightening and cheering of mankind; and not as a meteor of fire and blood terrifying the nations.

JEREMIAH MASON.

[The death of the Hon. Jeremiah Mason, one of the most eminent members of the legal profession in the United States, took place at Boston, on the 14th of October, 1848. At a meeting of the Bar of the County of Suffolk, Ma.s.s., held on the 17th instant, appropriate resolutions in honor of the deceased, accompanied with a few eloquent observations, were introduced by Mr. Choate, and unanimously adopted. It was voted by the meeting, that Mr. Webster should be requested to present these resolutions to the Supreme Judicial Court at its next term in Boston.

In compliance with this request, at the opening of the next term of the court, on the 14th of November, 1848, prayer having been offered, Mr.

Webster rose and spoke as follows.]

May it please your Honors,--JEREMIAH MASON, one of the counsellors of this court, departed this life on the 14th of October, at his residence in this city. The death of one of its members, so highly respected, so much admired and venerated, could not fail to produce a striking impression upon the members of this bar; and a meeting was immediately called, at which a member of this court, just on the eve of leaving the practice of his profession for a seat on the bench,[1] presided; and resolutions expressive of the sense entertained by the bar of the high character of the deceased, and of sincere condolence with those whom his loss touched more nearly, were moved by one of his distinguished brethren, and adopted with entire unanimity. My brethren have appointed me to the honorable duty of presenting these resolutions to this court; and it is in discharge of that duty that I rise to address you, and pray that the resolutions which I hold in my hand may be read by the clerk.

The clerk of the court then read the resolutions, as follows:--

"_Resolved_, That the members of this bar have heard with profound emotion of the decease of the Honorable Jeremiah Mason, one of the most eminent and distinguished of the great men who have ever adorned this profession; and, as well in discharge of a public duty, as in obedience to the dictates of our private feelings, we think it proper to mark this occasion by some attempt to record our estimate of his pre-eminent abilities and high character.

"_Resolved_, That the public character and services of Mr. Mason demand prominent commemoration; that, throughout his long life, whether as a private person or in public place, he maintained a wide and various intercourse with public men, and cherished a constant and deep interest in public affairs, and by his vast practical wisdom and sagacity, the fruit of extraordinary intellectual endowments, matured thought, and profound observation, and by the soundness of his opinions and the comprehensiveness and elevated tone of his politics, he exerted at all times a great and most salutary influence upon the sentiments and policy of the community and the country; and that, as a Senator in the Congress of the United States during a period of many years, and in a crisis of affairs which demanded the wisdom of the wisest and the civil virtues of the best, he was distinguished among the most eminent men of his country for ability in debate, for attention to all the duties of his great trust, for moderation, for prudence, for fidelity to the obligations of that party connection to which he was attached, for fidelity still more conspicuous and still more admirable to the higher obligations of a thoughtful and enlarged patriotism.

"_Resolved_, That it was the privilege of Mr. Mason to come to the bar when the jurisprudence of New England was yet in its infancy; that he brought to its cultivation great general ability, and a practical sagacity, logical power, and patient research,--const.i.tuting altogether a legal genius, rarely if ever surpa.s.sed; that it was greatly through his influence that the growing wants of a prosperous State were met and satisfied by a system of common law at once flexible and certain, deduced by the highest human wisdom from the actual wants of the community, logically correct, and practically useful; that in the fact that the State of New Hampshire now possesses such a system of law, whose gladsome light has shone on other States, are seen both the product and the monument of his labors, less conspicuous, but not less real, than if embodied in codes and inst.i.tutes bearing his name; yet that, bred as he was to the common law, his great powers, opened and liberalized by its study and practice, enabled him to grasp readily, and wield with entire ease, those systems of equity, applicable to the transactions of the land or the sea, which, in recent times, have so much meliorated and improved the administration of justice in our country.

"_Resolved_, That as respects his practice as a counsellor and advocate at this bar, we would record our sense of his integrity, prudence, fidelity, depth of learning, knowledge of men and affairs, and great powers of persuading kindred minds; and we know well, that, when _he_ died, there was extinguished one of the few great lights of the old common law.