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Main currents in American thought An interpretation of American literature from the beginnings to 1920

Vernon Louis Parrington

sense, and that thus interpreted, the Constitution is seen to derive immediately from the individual citizens acting in their sovereign capacity without the intermediation of the state governments. The dispute long waged furiously about this point and Story’s analysis touches only the fringe of the argument. Very likely it is presumptuous for one who is not a lawyer to express an opinion, yet these celebrated _Commentaries_ seem today very little more than a new-modeled Federalism, adapted to changing conditions. Underneath the somewhat crabbed and narrow legalism is a common-sense realistic political philosophy, an embodiment of English constitutional tradition as it grew up under a Tory régime, that reveals scant sympathy with French romantic theories. The work is an unconscious testimony to the tenacious hold of the English Common Law on the legal mind of America, as well as to the rising spirit of nationalism. It did much to strengthen both. It was a triumph of the lawyer over the historian and political philosopher, and it marks the beginning of the lawyer’s custodianship of the fundamental law. In spite of its somewhat petty legalism and prosaic common sense, a note of veneration for the great document runs through the tedious pages, constituting the work at once both a commentary and a eulogy. III • Daniel Webster • Realist and Constitutionalist A far solider mind, strongly realistic and broadly philosophical, acute in analysis and with great powers of imagination, was the mind of the distinguished leader of the New England Whigs. Not the equal of Story as a lawyer, he was far superior as a political thinker. No man more richly endowed in mind and person has played a part on the stage of our public life, and in spite of gross shortcomings in character and the betrayal of his own promise, Webster retains an aura of the heroic about him. He was a great man, built on a great pattern, who never quite achieved a great life. In Emerson and Webster were completely embodied the diverse New England tendencies that derived from the Puritan and the Yankee: the idealistic and the practical; the ethical and the rationalistic; the intellectual revolutionary, ready to turn the world upside down in theory, planting at the base of the established order the dynamite of ideas, and the soberly conservative, understanding the economic springs of political action, inclined to pessimism, neither wishing for Utopian change nor expecting it. The physical contrast was as striking as the mental. The child of the Puritan was slender, nervous, with a lambent energy that played freely in a rarefied atmosphere; the child of the Yankee was massive, solid, somnolently heavy till an idea awakened his faculties, a lover of the fleshpots, careless of conventional morals, rankly physical, and yet with an assured stateliness of manner, a slow imagination that expanded majestically and a rich eloquence that moved forward by regular stages to a great objective. Emerson was the child of a long line of ministers, and ministerial in his unworldliness; Webster was a Yankee squire, the descendant of some fox-hunting master of broad English acres, who by a freak of fortune had got born into the family of a New Hampshire yeoman. No Englishman was ever more English than he. He loved the substantial things of life: his Marshfield farm; his cattle and horses and crops; his rides afield and the return to good dinners and rich wines. Nothing is more characteristic or more likable--more redolent of the natural Webster--than his concern for agricultural improvements. His homely talk on _The Agriculture of England_, filled with facts that had come under his observant eye, reveals a side that is too little known. It is an English country squire talking to his neighbors about the homely things they all care for; and when after long years and disappointed ambition and utter weariness, he returned to his Marshfield farm to die, it was his cattle and his fields that offered a last solace to the broken man. Webster’s intellectual development falls into distinct and rather sharply defined periods. Before 1825 his mental processes were still under the dominion of the solid, rationalist eighteenth century, with its realistic politics and its _laissez faire_ economics. With the emergence of the constitutional disputes at the end of the twenties, when the lawyers and historians were busy at their commentaries, he came increasingly to take a legalistic view of government. During the acrimonious forties, with slavery dividing the country into hostile camps, he was bitten deeply by presidential ambitions, and thenceforth to the end of his life he was little more than a politician--a rôle for which he was singularly ill-fitted, and which brought bitterness and disillusion to his last days. Since his death both earlier and later phases of his career have fallen into the background, and the middle period of constitutional interpretation has stamped itself indelibly upon his fame. Yet in many respects the solid reasoning of the political philosopher is more valuable than the stately but somewhat ill-grounded declamation of the defender of the Constitution; and his just fame is increased rather than lessened by recalling his earlier contribution to our institutional development. Webster was a sound political scholar, if not an outstanding creative thinker. He was of the distinguished line of political realists, from Harrington through Locke and Burke, to Hamilton, Madison and John Adams. He derived equally from seventeenth-century liberalism and eighteenth-century Federalism. He was widely read in the political classics, and his vigorous mind laid hold upon major principles and examined them closely. His intellectual master was the acute thinker of the English Commonwealth period, James Harrington, whom he pronounces “one of the most ingenious of political writers,” and to whose suggestive doctrine of economic determinism he returns persistently. That Harrington was not the originator of the doctrine he was well enough read to have discovered; but he pays him high tribute as the thinker who gave the doctrine form and currency. It is the substantial realism of the _Oceana_ that appealed to a mind thoroughly indoctrinated with political realism, before the rise of manhood suffrage and the spread of equalitarianism had brought a change in American political theory. Both his major premises and his mode of reasoning bear the impress of the classic English school. In the year 1820, within a single week, he made two speeches, which as expositions of his political philosophy are the most illuminating he ever uttered, and which should stand side by side: the _Basis of the Senate_, delivered before the Massachusetts Constitutional Convention, and the Plymouth speech on _The First Settlement of New England_. They supplement each other and together give an admirable elucidation of the stake-in-society principle that embodied a conviction he never abandoned. They are compact of Harrington, Montesquieu and John Adams--the last authentic expression of the old Federalism, before the democratic storms had driven it into new roadsteads and whipped its flag from the halyards where it had long waved. In his admirable argument Webster accepts as axiomatic the theory of division of powers, with the attendant machinery of checks and balances. He accepts equally the familiar view of eighteenth-century liberalism, that the legislature as the self-conscious custodian of the popular will is certain to prove the engrossing member of government whose ambition is most to be feared. To expect a stable balance between Senate and House when their characters are undifferentiated by diverse modes of selection--a result that must follow from choosing both on the numerical majority principle--seems to him the judgment of political inexperience. The wiser method, he believed, was to seek counsel of the philosophers and the clear teachings of history. The first, Webster insisted, have rightly laid down the principle of a stake-in-society as the true measure of political justice: I take the _principle_ to be well established, by writers of the greatest authority. In the first place, those who have treated of natural law have maintained, as a principle of law, that, as far as the object of society is the protection of something in which the members possess unequal shares, it is just that the weight of each person in the common councils should bear a relation and proportion to his interest. Such is the sentiment of Grotius, and he refers, in support of it, to several institutions among the lesser states. (“The Basis of the Senate,” in _Works_, Vol. III, pp. 13-14.) At the basis of the stake-in-society principle is the doctrine of economic power as the controlling factor in determining the form and scope of the political state. In support of this doctrine of determinism Webster appeals to Harrington: It is his leading object, in his _Oceana_, to prove, that power _naturally_ and _necessarily_ follows property. He maintains that a government founded on property is legitimately founded; and that a government founded on the disregard of property is founded in injustice, and can only be maintained by military force. “If one man,” says he, “be sole landlord, like the Grand Seignior, his empire is absolute. If a few possess the land, this makes the Gothic or feudal constitution. If the _whole people_ be landlords, then it is a commonwealth.” “It is strange,” says an ingenious person in the last century, “that Harrington should be the first man to find out so evident and demonstrable a truth as that property being the true basis and _measure_ of power.” In truth, he was not the first. The idea is as old as political science itself. It may be found in Aristotle, Lord Bacon, Sir Walter Raleigh, and other writers. Harrington seems, however, to be the first writer who has illustrated and expanded the principle, and given to it the effect and prominence which justly belong to it. To this sentiment, Sir, I entirely agree. It seems to me to be plain, that, in the absence of military force, political power naturally and necessarily goes into the hands which hold the property. In my judgment, therefore, a republican form of government rests, not more on political constitutions, than on those laws which regulate the descent and transmission of property.... The English Revolution of 1688 was a revolution in favor of property, as well as of other rights. It was brought about by men of property for their security; and our own immortal Revolution was undertaken, not to shake or plunder property, but to protect it. The acts which the country complained of were such as violated the rights of property. An immense majority of all those who had an interest in the soil were in favor of the Revolution; and they carried it through, looking to its results for the security of their possessions. (“The Basis of the Senate,” in _Works_, Vol. III, pp. 14-16.) Harrington’s principle that “if the _whole people_ be landlords, then it is a commonwealth,” Webster justified by appeal to American history. The spontaneous birth of republican institutions out of colonial experience he attributed to the wide diffusion of property. The land tenure of primitive New England was the creative source of her popular government. Their situation demanded a parcelling out and division of the lands, and it may be fairly said, that this necessary act _fixed the future frame and form of their government_. The character of their political institutions was determined by the fundamental