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In this monumental new biography, Robert V. Remini gives us a full life of Webster from his birth, early schooling, and rapid rise as a lawyer and politician in New Hampshire to his equally successful career in Massachusetts where he moved in 1816. Remini treats both the man and his time as they tangle in issues such as westward expansion, growth of democracy, market revolution, slavery and abolitionism, the National Bank, and tariff issues. Webster's famous speeches are fully discussed as are his relations with the other two of the "great triumvirate", Henry Clay and John C. Calhoun. Throughout, Remini pays close attention to Webster's personal life - perhaps more than Webster would have liked - his relationships with family and friends, and his murky financial dealings with men of wealth and influence.
THE STORY: Jabez Stone, young farmer, has just been married, and the guests are dancing at his wedding. But Jabez carries a burden, for he knows that, having sold his soul to the Devil, he must, on the stroke of midnight, deliver it up to him. Shortly before twelve Mr. Scratch, lawyer, enters and the company is thunderstruck. Jabez bids his guests begone; he has made his bargain and will pay the price. His bride, however, stands by him, and so will Daniel Webster, who has come for the festivities. Webster takes the case. But Scratch is a lawyer himself and out-argues the statesman. Webster demands a jury of real Americans, living or dead. Very well, agrees the Devil, he shall have them, and ghosts appear. Webster thunders, but to no avail, and at last realizing Scratch can better him on technical grounds, he changes his tactics and appeals to the ghostly jury, men who have retained some love of country. Rising to the height of his powers, Webster performs the miracle of winning a verdict of Not Guilty.
Reproduction of the original: Speeches by Daniel Webster
Daniel Webster and the Unfinished Constitution reveals Webster as the foremost constitutional lawyer of his day. Peter Charles Hoffer builds a persuasive case that Webster was more than a skilled practitioner who rose rapidly from his hardscrabble New Hampshire origins. Hoffer thoroughly documents the ways in which Webster was an innovative jurist. While Chief Justice John Marshall gets credit for much of our early constitutional jurisprudence, in fact in a series of key cases Marshall simply borrowed Webster’s oral and written arguments. For Webster, Marshall, and many lawyers and jurists of their day, professions of adherence to the Constitution were universal. Yet they knew that the Constitution could not be fixed in time; its text needed to be read in light of the rapidly transforming early republic and antebellum eras or it would become irrelevant. As Chief Justice Marshall explained in Bank of the United States v. Deveaux (1809): “A constitution, from its nature, deals in generals, not in detail. Its framers cannot perceive minute distinctions which arise in the progress of the nation, and therefore confine it to the establishment of broad and general principles.” But were these “broad and general principles” themselves fixed? For Webster there were landmarks: the Contract Clause and the Commerce Clause. While others were exploring and surveying the Northwest Territory and the Louisiana Purchase, Webster set out to map the spaces in the constitutional and legal landscape that were unmarked. Peter Charles Hoffer provides an insightful and timely study of how Webster’s analysis of three key constitutional issues is relevant to today’s constitutional conflicts: the relationship between law and politics, between public policy and private rights, and between the federal government and the states, all of which remain contentious in our constitutional jurisprudence and crucial to our constitutional order.
“A good, wise, perspicacious work, written in graceful English, free of jargon, offering intelligent conclusions.” —Mark Harris, New York Times Book Review
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