The Life of John Marshall Volume IV Part 52

[1189] Wirt to Carr, Feb. 1, 1824, Kennedy, II, 164.

[1190] _Ib._

[1191] "Reminiscence," that betrayer of history, is responsible for the fanciful story, hitherto accepted, that Webster was speaking on the tariff in the House when he was suddenly notified that Gibbons _vs._ Ogden would be called for argument the next morning; and that, swiftly concluding his great tariff argument, he went home, took medicine, slept until ten o'clock that night, then rose, and in a strenuous effort worked until 9 A.M. on his argument in the steamboat case; and that this was all the preparation he had for that glorious address. (Ticknor's reminiscences of Webster, as quoted by Curtis, I, 216-17.)

On its face, Webster's argument shows that this could not have been true. The fact was that Webster had had charge of the case in the Supreme Court for three years; and that, since the argument was twice before expected, he had twice before prepared for it.

The legend about his being stopped in his tariff speech is utterly without foundation. The debate on that subject did not even begin in the House until February 11, 1824 (_Annals_, 18th Cong. 1st Sess. 1470), three days after the argument of Gibbons _vs._ Ogden was concluded; and Webster did not make his famous speech on the Tariff Bill of 1824 until April 1-2, one month after the steamboat case had been decided. (_Ib._ 2026-68.)

Moreover, as has been stated in the text, the debate on the survey of roads and ca.n.a.ls was on in the House when the argument in Gibbons _vs._ Ogden was heard; had been in progress for three weeks previously and continued for some time afterward; and in this debate Webster did not partic.i.p.ate. Indeed, the record shows that for more than a week before the steamboat argument Webster took almost no part in the House proceedings. (_Ib._ 1214-1318.)

[1192] 9 Wheaton, 3.

[1193] 9 Wheaton, 4-5.

[1194] _Ib._ 6-9.

[1195] _Ib._ 9.

[1196] _Ib._ 11.

[1197] _Ib._ 11-12.

[1198] 9 Wheaton, 14.

[1199] _Ib._ 24.

[1200] The student should carefully read these three admirable arguments, particularly that of Emmet. All of them deal with patent law as well as with the commerce clause of the Const.i.tution. (See 9 Wheaton, 33-135.) The argument lasted from February 4 to February 9 inclusive.

[1201] 1 Brockenbrough, 430-31.

[1202] 1 Brockenbrough, 431-32.

[1203] Webster to his brother, Feb. 15, 1824, Van Tyne, 102.

[1204] 9 Wheaton, 186.

[1205] "WE THE PEOPLE of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this CONSt.i.tUTION for the United States of America." (Preamble to the Const.i.tution of the United States.)

[1206] 9 Wheaton, 187-88.

[1207] _Ib._ 188-89.

[1208] "The Congress shall have Power ... to regulate Commerce with foreign Nations, and among the Several States, and with the Indian Tribes." (Const.i.tution of the United States, Article I, Section 8.)

[1209] 9 Wheaton, 192-93.

[1210] 9 Wheaton, 193-94.

[1211] _Ib._ 195.

[1212] 9 Wheaton, 195-96.

[1213] _Ib._ 196-97.

[1214] 9 Wheaton, 199-200.

[1215] 9 Wheaton, 202-03.

[1216] _Ib._ 203.

[1217] 9 Wheaton, 203-04.

[1218] _Ib._ 204-05.

[1219] _Ib._ 205-06.

[1220] 9 Wheaton, 206-09.

[1221] _Ib._ 209-10.

[1222] 9 Wheaton, 210-11. (Italics the author's.)

[1223] _Ib._ 211-12.

[1224] _Ib._ 214.

[1225] 9 Wheaton, 215-16.

[1226] _Ib._ 216-18.

[1227] _Ib._ 218-20.

[1228] 9 Wheaton, 221.

[1229] Marshall is here referring particularly to Chancellor Kent.

[1230] 9 Wheaton, 221-22.

[1231] 9 Wheaton, 222. (Italics the author's.)

[1232] 9 Wheaton, 227.

[1233] 9 Wheaton, 228-30.

[1234] _Ib._ 231-32.

[1235] _New York Evening Post_, March 5, 1824, as quoted in Warren, 395.