[Daniel Webster by Henry Cabot Lodge]@TWC D-Link bookDaniel Webster CHAPTER III 36/53
This closed the case, and such were the last displays of Mr.Webster's dexterous and vigorous management of the famous "college causes." The popular opinion of this case seems to be that Mr.Webster, with the aid of Mr.Mason and Judge Smith, developed a great constitutional argument, which he forced upon the acceptance of the court by the power of his close and logical reasoning, and thus established an interpretation of the Constitution of vast moment.
The truth is, that the suggestion of the constitutional point, not a very remarkable idea in itself, originated, as has been said, with a layman, was regarded by Mr.Webster as a forlorn hope, and was very briefly discussed by him before the Supreme Court.
He knew, of course, that if the case were to be decided against Woodward, it could only be on the constitutional point, but he evidently thought that the court would not take the view of it which was favorable to the college. The Dartmouth College case was unquestionably one of Mr.Webster's great achievements at the bar, but it has been rightly praised on mistaken grounds.
Mr.Webster made a very fine presentation of the arguments mainly prepared by Mason and Smith.
He transcended the usual legal limits with a burst of eloquent appeal which stands high among the famous passages of his oratory.
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