About this book

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

Vernon Louis Parrington

laws respecting property.... The property was all freehold ... alienation of the land was every way facilitated, even to the subjecting of it to every species of debt. The establishment of public registries, and the simplicity of our forms of conveyance, have greatly facilitated the change of real estate from one proprietor to another. The consequence of all these causes has been, a great subdivision of the soil, and a great equality of condition; the true basis, most certainly, of a popular government. “If the people,” says Harrington, “hold three parts in four of the territory, it is plain there can neither be any single person nor nobility able to dispute the government with them; in this case, therefore, _except force be interposed_, they govern themselves.” (“The First Settlement of New England,” in _Works_, Vol. I, pp. 35-36.) Wholly English then, after the soundest English liberal tradition, was Webster’s political philosophy in the year 1820, compact of sober eighteenth-century realism, quite unaffected by French romantic equalitarianism. The great principle to which he adhered was the principle that government to be stable must be founded in men’s interests; thus founded no cause is given for revolutionary upheavals. “The disastrous revolutions which the world has witnessed, those political thunder-storms and earthquakes which have shaken the pillars of society to their very deepest foundations, have been revolutions against property.” Such were Webster’s convictions on the eve of those two great upheavals, the rise of Jacksonian democracy and the rejuvenation of the slave economy, that unseated the authority of the old school of political realism, and turned him aside from the plain path to lose himself in a tangle of constitutional legalism. English also was his economic theory, to which, like Franklin before him, he gave close thought. In the year 1820 he was a frank disciple of Adam Smith and the _laissez faire_ school. Mercantilism he derided as exploded;[434] and Physiocratic agrarianism seemed to him unduly hostile to commerce. He never concerned himself, like Franklin, with humanitarian ends. His sympathies went strongly for free trade, individual initiative, and a competitive order--sympathies which to the end of his life he never wholly outgrew. In those early days the mercantile interests commanded his loyalty far more readily than the manufacturing interests. Next to his Marshfield farm he loved a full-rigged ship, and the thought of Yankee skippers plowing the seven seas in well-freighted bottoms fired his imagination and kindled his patriotism. But if in the background of his thought he remained _laissez faire_, with the necessary implications of a diminished political state and reliance upon the law of supply and demand above tariffs, bounties, and political regulations, unfortunately in the foreground of expediency were the loud demands of his constituents for protective tariffs, internal improvements, and a policy of governmental paternalism. His economics came into collision with politics, and under the drive of necessity he went reluctantly along the path which Hamilton had marked out a generation before. The change came between the years 1824 and 1825. In the earlier year he aroused himself to a strong defense of _laissez faire_ economics in opposition to Clay’s clever campaign cry, the American System; in the later year he endeavored half-heartedly to defend New England interests in the game of subsidies. He was honestly ashamed of the whole mess; to Webster any tariff was a “tariff of abominations”; but his mouth was stopped by the clamor of the Lowell textile masters.[435] But having chosen his side, thereafter he defended his course vigorously, and joined forces with Clay in extolling the principle of protection. The same dubious shift is revealed in his changing attitude towards public finance. In 1815 he was an old-fashioned Federalist in his preference for a metallic currency and his belief that the public credit must rest on the public income; bank paper, stocks, bonds, and other agencies of the new finance he distrusted as likely to encourage speculation.[436] Twenty years later he was the outstanding champion of the Bank in its mortal quarrel with Jackson. In defending his public career before his constituents in Faneuil Hall in 1842, he said: “The subject of currency has been the study of my life, in preference to all other public topics”; and the result of those studies had made him a confirmed bullionist. Nevertheless when “Old Bullion Benton” proposed to restore a metallic currency, Webster derided the plan on the ground that bank money was necessary; and when the subtreasury system was established he denounced it bitterly.[437] He was a partisan to the cause of the Bank, and as its attorney he defended its case before the American public, as he defended its cases before the Supreme Court. He was no longer a free man but was deep in the subsidies of financial interests; nevertheless his old realism convinced him--as it had convinced Hamilton--of the necessity of shaping the public policy to the desires of the bankers. He justified it not only on the grounds of economic determinism, but by professing to discover in business the strong friend of national unity. The planters and farmers were local and sectional in outlook, but the “mercantile classes, the great commercial masses of the country, whose affairs connect them strongly with every State in the Union and with all the nations of the earth, whose business and profession give a sort of nationality to their character”--these men, he argued, gave solidity and stability to government--they were the cohesive force that bound the whole together.[438] In serving such clients he was but serving a greater cause. After 1824 the earlier Webster with his solid understanding, his frank realism, his honest exposition of fundamental principles, slowly gave way to the lawyer, the politician, the opportunist of the unhappy later years. With the change the last authentic voice of the eighteenth century was silenced; the break with the old English tradition was complete. Immediate, domestic issues muddied his thought, and Webster and America plunged into a bitter partisanship produced by the new alignments of an equalitarian agrarianism, a capitalistic industrialism, and a feudal slavocracy. Federalism was dead and in its stead was the Whig party, patched together of odds and ends, devoid of principles, seeking only expediency; and of this party Webster became an outstanding spokesman. It was an ignoble time, and his great abilities were not substantial enough to save him from the common meanness. Whoever wishes to understand how great was his fall need only compare the speech of 1820 on “The Basis of the Senate” with the “Declaration of Whig Principles and Purposes” of 1840 (_Works_, Vol. II, p. 41). To his contemporaries, however, his position was secure. His reputation was extraordinary, and he seemed as fixed and brilliant as the north star. After the reply to Hayne, his fame as the defender of the Constitution was in every mouth. That celebrated speech, perhaps the most celebrated in our congressional history, was delivered on the January 26, 1830, and awakened an amazing response. Men were moved to tears by its eloquence, and its circulation in pamphlet form exceeded that of any other pamphlet since the founding of the government. It is not a great constitutional argument, but it better served the purpose of inspiring in the public a grandiose conception of national unity under the organic law, than any reasoned statement could have done. For political purposes rhetoric was more effective than historical argument, and its sonorous sentences, and in particular the stately conclusion, vastly appealed to the taste of the generation. Three years later Webster applied himself more closely to the subtleties of the question. Calhoun’s masterly argument with its exposition of the theory of concurrent majorities could not be answered by rhetoric, and on February 16, 1833, Webster spoke on “The Constitution not a Compact between Sovereign States” (_Works_, Vol. III, p. 449). His argument is strictly legal and rests on four theses: that sovereignty inheres in the people; that as individuals acting collectively in their sovereign capacity, they ordained and established the Constitution; that the Constitution thus established is the supreme law of the land, acting immediately upon the individual citizen and recognizing no intermediary sovereign state; and that as an “executed contract” it is irrevocable and final, with the necessary functions to construe its powers and execute its will. Of these four theses, two may be regarded as Webster’s chief contribution to the great debate: the doctrine of immediacy, and the doctrine of an executed contract. The latter, quite obviously, is no more than Burke’s theory of the British constitution as founded on a compact entered into following the Revolution of 1688, and as such, by analogy from the Common Law, inviolable without the consent of both parties to the instrument. As developed by Burke the theory is somewhat tenuous, but as applied by Webster to the interpretation of a written document it is extraordinarily plausible to the legal mind. The doctrine of immediacy, on the other hand, would seem to have been derived from Judge Story. The argument of Webster in expounding the principle of immediate contact between the individual citizen and the Constitution follows the argument of Story’s _Commentaries_ too closely to escape comment. Theodore Parker explicitly states that Webster got his argument from Story, and circumstances bear out his assertion. The two men had long been close friends. Webster’s speech was delivered a month after the _Commentaries_ was finished. In his earlier speeches such principle found no place, and it is reasonable to suppose that, confronted by the Calhoun resolutions, Webster should have turned to the materials gathered by his learned friend and frequent adviser. Here was his reply ready to hand, a mass of legal fact and constitutional exposition, together with a clear and simple theory. Nearly a month elapsed before Webster rose to speak, and then he threw _Story on the Constitution_ at Calhoun’s theory of compact. Whether such an interpretation is reasonable or not, the speech added greatly to Webster’s reputation as an expounder of the Constitution. In 1833 he stood at the meridian of his renown; thereafter the westering sun of his fame went slowly down. He had come to evil times when opportunism and compromise--so imperative if the country were to hold together at all--seemed immoral to men who insisted that righteousness be legislated upon America, and weakness to men who demanded their pound of flesh. The black shadow of slavery fell across his path, and despite his wish to avoid all controversy on the subject, he could not evade the issue. It drove him into a corner, and the sword of the Constitution that he sought to defend himself with was turned in the end against him. Webster’s antipathy to slavery was of long standing and he gave frank expression to it in his speeches. The position which he finally came to assume, in face of the growing abolition sentiment in Massachusetts, was taken deliberately and was worthy of a lawyer. He would oppose the extension of slave territory, but he would not interfere with slavery in the old slave states. The Constitution, he argued, recognized slavery as existing in certain commonwealths by virtue of state laws, but those laws did not run beyond the confines of the state. The territories were under Federal