[Daniel Webster by Henry Cabot Lodge]@TWC D-Link bookDaniel Webster CHAPTER III 23/53
Now, in his old age, the conflict was revived. Jacobinism was raising its sacrilegious hand against the temples of learning, against the friends of order and good government.
The joy of battle must have glowed once more in the old man's breast as he grasped anew his weapons and prepared with all the force of his indomitable will to raise yet another constitutional barrier across the path of his ancient enemies. We cannot but feel that Mr.Webster's lost passages, embodying this political appeal, did the work, and that the result was settled when the political passions of the Chief Justice were fairly aroused.
Marshall would probably have brought about the decision by the sole force of his imperious will.
But Mr.Webster did a good deal of effective work after the arguments were all finished, and no account of the case would be complete without a glance at the famous peroration with which he concluded his speech and in which he boldly flung aside all vestige of legal reasoning, and spoke directly to the passions and emotions of his hearers. When he had finished his argument he stood silent for some moments, until every eye was fixed upon him, then, addressing the Chief Justice, he said:-- This, sir, is my case.
It is the case not merely of that humble institution, it is the case of every college in our land.... "Sir, you may destroy this little institution; it is weak; it is in your hands! I know it is one of the lesser lights in the literary horizon of our country.
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