Chapter XLIII: Appendix: Impressment (42)

There are other objects which ought not to be neglected, among which is one of such importance that I will not now pass it by; I mean, the mortifying state of the public credit of this country at this time. I cannot help thinking, that if the statesmen of a former age were among us, if Washington were here, if John Adams, and Hamilton, and Madison were here, they would be deeply concerned and soberly thoughtful about the present state of the public credit of the country. In the position I fill, it becomes my duty to read, generally with pleasure, but sometimes with pain, communications from our public agents abroad. It is distressing to hear them speak of _their_ distress at what they see and hear of the scorn and contumely with which the American character and American credit are treated abroad. Why, at this very time, we have a loan in the market, which, at the present rate of money and credit, ought to command in Europe one hundred and twenty-five per cent. Can we sell a dollar of it? And how is it with the credit of our own Commonwealth? Does it not find itself affected in its credit by the general state of the credit of the country? Is there nobody ready to make a movement in this matter? Is there not a man in our councils large enough, comprehensive enough in his views, to undertake at least to _present_ this case before the American people, and thus do something to restore the public character for morals and honesty?

There are in the country some men who are indiscreet enough to talk of _repudiation_,--to advise their fellow-citizens to _repudiate_ public debt. Does repudiation pay a debt? Does it discharge the debtor? Can it so modify a debt that it shall not be always binding, in law as well as in morals? No, Gentlemen; repudiation does nothing but add a sort of disrepute to acknowledged inability. It is our duty, so far as is in our power, to rouse the public feeling on the subject; to maintain and assert the universal principles of law and justice, and the importance of preserving public faith and credit. People say that the intelligent capitalists of Europe ought to distinguish between the United States government and the State governments. So they ought; but, Gentlemen, what does all this amount to? Does not the general government comprise the same people who make up the State governments? May not these Europeans ask us how long it may be before the national councils will repudiate public obligations?

The doctrine of repudiation has inflicted upon us a stain which we ought to feel worse than a wound; and the time has come when every man ought to address himself soberly and seriously to the correction of this great existing evil. I do not undertake to say what the Constitution allows Congress to do in the premises. I will only say, that if that great fund of the public domain properly and in equity belongs, as is maintained, to the States themselves, there are some means, by regular and constitutional laws, to enable and induce the States to save their own credit and the credit of the country.

Gentlemen, I have detained you much too long. I have wished to say, that, in my judgment, there remain certain important objects to engage our public and private attention, in the national affairs of the country. These are, the settlement of the remaining questions between ourselves and England; the great questions relating to the reciprocity principle; those relating to colonial trade; the most absorbing questions of the currency, and those relating to the great subject of the restoration of the national character and the public faith; these are all objects to which I am willing to devote myself, both in public and in private life. I do not expect that much of public service remains to be done by me; but I am ready, for the promotion of these objects, to act with sober men of any party, and of all parties. I am ready to act with men who are free from that great danger that surrounds all men of all parties,--the danger that patriotism itself, warmed and heated in party contests, will run into partisanship. I believe that, among the sober men of this country, there is a growing desire for more moderation of party feeling, more predominance of purely public considerations, more honest and general union of well-meaning men of all sides to uphold the institutions of the country and carry them forward.

In the pursuit of these objects, in public life or in a private station, I am willing to perform the part assigned to me, and to give them, with hearty good-will and zealous effort, all that may remain to me of strength and life.

[Footnote 1: The office of Representative in Congress.]

[Footnote 2: Lord Ashburton.]

[Footnote 3: Mr. Edward Everett.]

[Footnote 4: Mr. Andrew Stevenson.]

[Footnote 5: Mr. Parmenter.]

[Footnote 6: Mr. R.C. Winthrop.]

THE LANDING AT PLYMOUTH.

A SPEECH DELIVERED ON THE 22d OF DECEMBER, 1843, AT THE PUBLIC DINNER OF THE NEW ENGLAND SOCIETY OF NEW YORK, IN COMMEMORATION OF THE LANDING OF THE PILGRIMS.

[The great Pilgrim festival was celebrated on the 22d of December, 1843, by the New England Society of New York, with uncommon spirit and success. A commemorative oration was delivered in the morning by Hon. Rufus Choate, in a style of eloquence rarely equalled. The public dinner of the Society, at the Astor House, at which M.H. Grinnell, Esq. presided, was attended by a very large company, composed of the members of the Society and their invited guests. Several appropriate toasts having been given and responded to by the distinguished individuals present, George Griswold, Esq. rose to offer one in honor of Mr. Webster. After a few remarks complimentary to that gentleman, in reference to his services in refuting the doctrine of nullification and in averting the danger of war by the treaty of Washington, Mr. Griswold gave the following toast:--

"DANIEL WEBSTER,--the gift of New England to his country, his whole country, and nothing but his country."

This was received with great applause, and on rising to respond to it Mr. Webster was greeted with nine enthusiastic cheers, and the most hearty and prolonged approbation. When silence was restored, he spoke as follows.]

MR. PRESIDENT:--I have a grateful duty to perform in acknowledging the kindness of the sentiment thus expressed towards me. And yet I must say, Gentlemen, that I rise upon this occasion under a consciousness that I may probably disappoint highly raised, too highly raised expectations. In the scenes of this evening, and in the scene of this day, my part is an humble one. I can enter into no competition with the fresher geniuses of those more eloquent gentlemen, learned and reverend, who have addressed this Society. I may perform, however, the humbler, but sometimes useful, duty of contrast, by adding the dark ground of the picture, which shall serve to bring out the more brilliant colors.

I must receive, Gentlemen, the sentiment proposed by the worthy and distinguished citizen of New York before me, as intended to convey the idea that, as a citizen of New England, as a son, a child, a _creation_ of New England, I may be yet supposed to entertain, in some degree, that enlarged view of my duty as a citizen of the United States and as a public man, which may, in some small measure, commend me to the regard of the whole country. While I am free to confess, Gentlemen, that there is no compliment of which I am more desirous to be thought worthy, I will add, that a compliment of that kind could have proceeded from no source more agreeable to my own feelings than from the gentleman who has proposed it,--an eminent merchant, the member of a body of eminent merchants, known throughout the world for their intelligence and enterprise. I the more especially feel this, Gentlemen, because, whether I view the present state of things or recur to the history of the past, I can in neither case be ignorant how much that profession, and its distinguished members, from an early day of our history, have contributed to make the country what it is, and the government what it is.

Gentlemen, the free nature of our institutions, and the popular form of those governments which have come down to us from the Rock of Plymouth, give scope to intelligence, to talent, enterprise, and public spirit, from all classes making up the great body of the community. And the country has received benefit in all its history and in all its exigencies, of the most eminent and striking character, from persons of the class to which my friend before me belongs. Who will ever forget that the first name signed to our ever-memorable and ever-glorious Declaration of Independence is the name of John Hancock, a merchant of Boston? Who will ever forget that, in the most disastrous days of the Revolution, when the treasury of the country was bankrupt, with unpaid navies and starving armies, it was a merchant,--Robert Morris of Philadelphia,--who, by a noble sacrifice of his own fortune, as well as by the exercise of his great financial abilities, sustained and supported the wise men of the country in council, and the brave men of the country in the field of battle? Nor are there wanting more recent instances. I have the pleasure to see near me, and near my friend who proposed this sentiment, the son of an eminent merchant of New England (Mr. Goodhue), an early member of the Senate of the United States, always consulted, always respected, in whatever belonged to the duty and the means of putting in operation the financial and commercial system of the country; and this mention of the father of my friend brings to my mind the memory of his great colleague, the early associate of Hamilton and of Ames, trusted and beloved by Washington, consulted on all occasions connected with the administration of the finances, the establishment of the treasury department, the imposition of the first rates of duty, and with every thing that belonged to the commercial system of the United States,--George Cabot, of Massachusetts.

I will take this occasion to say, Gentlemen, that there is no truth better developed and established in the history of the United States, from the formation of the Constitution to the present time, than this,--that 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,--that no class of men among us, from the beginning, have shown a stronger and firmer devotion to whatsoever has been designed, or to whatever has tended, to preserve the union of these States and the stability of the free government under which we live. The Constitution of the United States, in regard to the various municipal regulations and local interests, has left the States individual, disconnected, isolated. It has left them their own codes of criminal law; it has left them their own system of municipal regulations. But there was one great interest, one great concern, which, from the very nature of the case, was no longer to be left under the regulations of the then thirteen, afterwards twenty, and now twenty-six States, but was committed, necessarily committed, to the care, the protection, and the regulation of one government; and this was that great unit, as it has been called, the commerce of the United States. There is no commerce of New York, no commerce of Massachusetts, none of Georgia, none of Alabama or Louisiana. All and singular, in the aggregate and in all its parts, is the commerce of the United States, regulated at home by a uniform system of laws under the authority of the general government, and protected abroad under the flag of our government, the glorious _E Pluribus Unum_, and guarded, if need be, by the power of the general government all over the world. There is, therefore, Gentlemen, nothing more cementing, nothing that makes us more cohesive, nothing that more repels all tendencies to separation and dismemberment, than this great, this common, I may say this overwhelming interest of one commerce, one general system of trade and navigation, one everywhere and with every nation of the globe. There is no flag of any particular American State seen in the Pacific seas, or in the Baltic, or in the Indian Ocean. Who knows, or who hears, there of your proud State, or of my proud State? Who knows, or who hears, of any thing, at the extremest north or south, or at the antipodes,--in the remotest regions of the Eastern or Western Sea,--who ever hears, or knows, of any thing but an American ship, or of any American enterprise of a commercial character that does not bear the impression of the American Union with it?

It would be a presumption of which I cannot be guilty, Gentlemen, for me to imagine for a moment, that, among the gifts which New England has made to our common country, I am any thing more than one of the most inconsiderable. I readily bring to mind the great men, not only with whom I have met, but those of the generation before me, who now sleep with their fathers, distinguished in the Revolution, distinguished in the formation of the Constitution and in the early administration of the government, always and everywhere distinguished; and I shrink in just and conscious humiliation before their established character and established renown; and all that I venture to say, and all that I venture to hope may be thought true, in the sentiment proposed, is, that, so far as mind and purpose, so far as intention and will, are concerned, I may be found among those who are capable of embracing the whole country of which they are members in a proper, comprehensive, and patriotic regard. We all know that the objects which are nearest are the objects which are dearest; family affections, neighborhood affections, social relations, these in truth are nearest and dearest to us all; but whosoever shall be able rightly to adjust the graduation of his affections, and to love his friends and his neighbors, and his country, as he ought to love them, merits the commendation pronounced by the philosophic poet upon him

"Qui didicit patriae quid debeat, et quid amicis."

Gentlemen, it has been my fortune, in the little part which I have acted in public life, for good or for evil to the community, to be connected entirely with that government which, within the limits of constitutional power, exercises jurisdiction over all the States and all the people. My friend at the end of the table on my left has spoken pleasantly to us to-night of the reputed miracles of tutelar saints. In a sober sense, in a sense of deep conviction, I say that the emergence of this country from British domination, and its union under its present form of government beneath the general Constitution of the country, if not a miracle, is, I do not say the most, but one of the most fortunate, the most admirable, the most auspicious occurrences, which have ever fallen to the lot of man. Circumstances have wrought out for us a state of things which, in other times and other regions, philosophy has dreamed of, and theory has proposed, and speculation has suggested, but which man has never been able to accomplish. I mean the government of a great nation over a vastly extended portion of the surface of the earth, _by means of local institutions for local purposes, and general institutions for general purposes_. I know of nothing in the history of the world, notwithstanding the great league of Grecian states, notwithstanding the success of the Roman system, (and certainly there is no exception to the remark in modern history,)--I know of nothing so suitable on the whole for the great interests of a great people spread over a large portion of the globe, as the provision of local legislation for local and municipal purposes, with, not a confederacy, nor a loose binding together of separate parts, but a limited, positive general government for positive general purposes, over the whole. We may derive eminent proofs of this truth from the past and the present. What see we to-day in the agitations on the other side of the Atlantic? I speak of them, of course, without expressing any opinion on questions of politics in a foreign country; but I speak of them as an occurrence which shows the great expediency, the utility, I may say the necessity, of local legislation. If, in a country on the other side of the water (Ireland), there be some who desire a severance of one part of the empire from another, under a proposition of repeal, there are others who propose a continuance of the existing relation under a federative system: and what is this? No more, and no less, than an approximation to that system under which we live, which for local, municipal purposes shall have a local legislature, and for general purposes a general legislature.

This becomes the more important when we consider that the United States stretch over so many degrees of latitude,--that they embrace such a variety of climate,--that various conditions and relations of society naturally call for different laws and regulations. Let me ask whether the legislature of New York could wisely pass laws for the government of Louisiana, or whether the legislature of Louisiana could wisely pass laws for Pennsylvania or New York? Everybody will say, "No." And yet the interests of New York and Pennsylvania and Louisiana, in whatever concerns their relations between themselves and their general relations with all the states of the world, are found to be perfectly well provided for, and adjusted with perfect congruity, by committing these general interests to one common government, the result of popular general elections among them all.

I confess, Gentlemen, that having been, as I have said, in my humble career in public life, employed in that portion of the public service which is connected with the general government, I have contemplated, as the great object of every proceeding, not only the particular benefit of the moment, or the exigency of the occasion, but the preservation of this system; for I do consider it so much the result of circumstances, and that so much of it is due to fortunate concurrence, as well as to the sagacity of the great men acting upon those occasions,--that it is an experiment of such remarkable and renowned success,--that he is a fool or a madman who would wish to try that experiment a second time. I see to-day, and we all see, that the descendants of the Puritans who landed upon the Rock of Plymouth; the followers of Raleigh, who settled Virginia and North Carolina; he who lives where the truncheon of empire, so to speak, was borne by Smith; the inhabitants of Georgia; he who settled under the auspices of France at the mouth of the Mississippi; the Swede on the Delaware, the Quaker of Pennsylvania,--all find, at this day, their common interest, their common protection, their common _glory_, under the united government, which leaves them all, nevertheless, in the administration of their own municipal and local affairs, to be Frenchmen, or Swedes, or Quakers, or whatever they choose. And when one considers that this system of government, I will not say has produced, because God and nature and circumstances have had an agency in it,--but when it is considered that this system has not prevented, but has rather encouraged, the growth of the people of this country from three millions, on the glorious 4th of July, 1776, to seventeen millions now, who is there that will say, upon this hemisphere,--nay, who is there that will stand up in any hemisphere, who is there in any part of the world, that will say that the great experiment of a united republic has _failed_ in America? And yet I know, Gentlemen, I feel, that this united system is held together by strong tendencies to union, at the same time that it is kept from too much leaning toward consolidation by a strong tendency in the several States to support each its own power and consideration. In the physical world it is said, that

"All nature's difference keeps all nature's peace,"

and there is in the political world this same harmonious difference, this regular play of the positive and negative powers, (if I may so say,) which, at least for one glorious half-century, has kept us as we have been kept, and made us what we are.

But, Gentlemen, I must not allow myself to pursue this topic. It is a sentiment so commonly repeated by me upon all public occasions, and upon all private occasions, and everywhere, that I forbear to dwell upon it now. It is the union of these States, it is the system of government under which we live, beneath the Constitution of the United States, happily framed, wisely adopted, successfully administered for fifty years,--it is mainly this, I say, that gives us power at home and credit abroad. And, for one, I never stop to consider the power or wealth or greatness of a State. I tell you, Mr. Chairman, I care nothing for your Empire State as such. Delaware and Rhode Island are as high in my regard as New York. In population, in power, in the government over us, you have a greater share. You would have the same share if you were divided into forty States. It is not, therefore, as a State sovereignty, it is only because New York is a vast portion of the whole American people, that I regard this State, as I always shall regard her, as respectable and honorable. But among State sovereignties there is no preference; there is nothing high and nothing low; every State is independent and every State is equal. If we depart from this great principle, then are we no longer one people; but we are thrown back again upon the Confederation, and upon that state of things in which the inequality of the States produced all the evils which befell us in times past, and a thousand ill-adjusted and jarring interests.

Mr. President, I wish, then, without pursuing these thoughts, without especially attempting to produce any fervid impression by dwelling upon them, to take this occasion to answer my friend who has proposed the sentiment, and to respond to it by saying, that whoever would serve his country in this our day, with whatever degree of talent, great or small, it may have pleased the Almighty Power to give him, he cannot serve it, he will not serve it, unless he be able, at least, to extend his political designs, purposes, and objects, till they shall comprehend the whole country of which he is a servant.

Sir, I must say a word in connection with that event which we have assembled to commemorate. It has seemed fit to the dwellers in New York, New-Englanders by birth or descent, to form this society. They have formed it for the relief of the poor and distressed, and for the purpose of commemorating annually the great event of the settlement of the country from which they spring. It would be great presumption in me to go back to the scene of that settlement, or to attempt to exhibit it in any colors, after the exhibition made to-day; yet it is an event that in all time since, and in all time to come, and more in times to come than in times past, must stand out in great and striking characteristics to the admiration of the world. The sun's return to his winter solstice, in 1620, is the epoch from which he dates his first acquaintance with the small people, now one of the happiest, and destined to be one of the greatest, that his rays fall upon; and his annual visitation, from that day to this, to our frozen region, has enabled him to see that progress, _progress_, was the characteristic of that small people. He has seen them from a handful, that one of his beams coming through a key-hole might illuminate, spread over a hemisphere which he cannot enlighten under the slightest eclipse. Nor, though this globe should revolve round him for tens of hundreds of thousands of years, will he see such another incipient colonization upon any part of this attendant upon his mighty orb. What else he may see in those other planets which revolve around him we cannot tell, at least until we have tried the fifty-foot telescope which Lord Rosse is preparing for that purpose.

There is not, Gentlemen, and we may as well admit it, in any history of the past, another epoch from which so many great events have taken a turn; events which, while important to us, are equally important to the country from whence we came. The settlement of Plymouth--concurring, I always wish to be understood, with that of Virginia--was the settlement of New England by colonies of Old England. Now, Gentlemen, take these two ideas and run out the thoughts suggested by both. What has been, and what is to be, Old England? What has been, what is, and what may be, in the providence of God, _New_ England, with her neighbors and associates? I would not dwell, Gentlemen, with any particular emphasis upon the sentiment, which I nevertheless entertain, with respect to the great diversity in the races of men. I do not know how far in that respect I might not encroach on those mysteries of Providence which, while I adore, I may not comprehend; but it does seem to me to be very remarkable, that we may go back to the time when New England, or those who founded it, were _subtracted_ from Old England; and both Old England and New England went on, nevertheless, in their mighty career of progress and power.

Let me begin with New England for a moment. What has resulted, embracing, as I say, the nearly contemporaneous settlement of Virginia,--what has resulted from the planting upon this continent of two or three slender colonies from the mother country? Gentlemen, the great epitaph commemorative of the character and the worth, the discoveries and glory, of Columbus, was, that he had _given a new world to the crowns of Castile and Aragon_. Gentlemen, this is a great mistake. It does not come up at all to the great merits of Columbus. He gave the territory of the southern hemisphere to the crowns of Castile and Aragon; but as a place for the plantation of colonies, as a place for the habitation of men, as a place to which laws and religion, and manners and science, were to be transferred, as a place in which the creatures of God should multiply and fill the earth, under friendly skies and with religious hearts, he gave it to the whole world, he gave it to universal man! From this seminal principle, and from a handful, a hundred saints, blessed of God and ever honored of men, landed on the shores of Plymouth and elsewhere along the coast, united, as I have said already more than once, in the process of time, with the settlement at Jamestown, has sprung this great people of which we are a portion.

I do not reckon myself among quite the oldest of the land, and yet it so happens that very recently I recurred to an exulting speech or oration of my own, in which I spoke of my country as consisting of nine millions of people. I could hardly persuade myself that within the short time which had elapsed since that epoch our population had doubled; and that at the present moment there does exist most unquestionably as great a probability of its continued progress, in the same ratio, as has ever existed in any previous time. I do not know whose imagination is fertile enough, I do not know whose conjectures, I may almost say, are _wild_ enough to tell what may be the progress of wealth and population in the United States in half a century to come. All we know is, here is a people of from seventeen to twenty millions, intelligent, educated, freeholders, freemen, republicans, possessed of all the means of modern improvement, modern science, arts, literature, with the world before them! There is nothing to check them till they touch the shores of the Pacific, and then, they are so much accustomed to water, that _that's_ a facility, and no obstruction!

So much, Gentlemen, for this branch of the English race; but what has happened, meanwhile, to England herself since the period of the departure of the Puritans from the coast of Lincolnshire, from the English Boston? Gentlemen, in speaking of the progress of English power, of English dominion and authority, from that period to the present, I shall be understood, of course, as neither entering into any defence or any accusation of the policy which has conducted her to her present state. As to the justice of her wars, the necessity of her conquests, the propriety of those acts by which she has taken possession of so great a portion of the globe, it is not the business of the present occasion to inquire. _Neque teneo, neque refello._ But I speak of them, or intend to speak of them, as facts of the most extraordinary character, unequalled in the history of any nation on the globe, and the consequences of which may and must reach through a thousand generations. The Puritans left England in the reign of James the First. England herself had then become somewhat settled and established in the Protestant faith, and in the quiet enjoyment of property, by the previous energetic, long, and prosperous reign of Elizabeth. Her successor was James the Sixth of Scotland, now become James the First of England; and here was a union of the crowns, but not of the kingdoms,--a very important distinction. Ireland was held by a military power, and one cannot but see that at that day, whatever may be true or untrue in more recent periods of her history, Ireland was held by England by the two great potencies, the power of the sword and the power of confiscation. In other respects, England was nothing like the England which we now behold. Her foreign possessions were quite inconsiderable. She had some hold on the West India Islands; she had Acadia, or Nova Scotia, which King James granted, by wholesale, for the endowment of the knights whom he created by hundreds. And what has been her progress? Did she then possess Gibraltar, the key to the Mediterranean? Did she possess a port in the Mediterranean? Was Malta hers? Were the Ionian Islands hers? Was the southern extremity of Africa, was the Cape of Good Hope, hers? Were the whole of her vast possessions in India hers? Was her great Australian empire hers? While that branch of her population which followed the western star, and under its guidance committed itself to the duty of settling, fertilizing, and peopling an unknown wilderness in the West, were pursuing their destinies, other causes, providential doubtless, were leading English power eastward and southward, in consequence and by means of her naval prowess, and the extent of her commerce, until in our day we have seen that within the Mediterranean, on the western coast and at the southern extremity of Africa, in Arabia, in hither India and farther India, she has a population _ten times_ as great as that of the British Isles two centuries ago. And recently, as we have witnessed,--I will not say with how much truth and justice, policy or impolicy, I do not speak at all to the morality of the action, I only speak to the _fact_,--she has found admission into China, and has carried the Christian religion and the Protestant faith to the doors of three hundred millions of people.

It has been said that whosoever would see the Eastern world before it turns into a Western world must make his visit soon, because steamboats and omnibuses, commerce, and all the arts of Europe, are extending themselves from Egypt to Suez, from Suez to the Indian seas, and from the Indian seas all over the explored regions of the still farther East.

Now, Gentlemen. I do not know what practical views or what practical results may take place from this great expansion of the power of the two branches of Old England. It is not for me to say. I only can see, that on this continent _all_ is to be _Anglo-American_ from Plymouth Rock to the Pacific seas, from the north pole to California. That is certain; and in the Eastern world, I only see that you can hardly place a finger on a map of the world and be an _inch_ from an English settlement.

Gentlemen, if there be any thing in the supremacy of races, the experiment now in progress will develop it. If there be any truth in the idea, that those who issued from the great Caucasian fountain, and spread over Europe, are to react on India and on Asia, and to act on the whole Western world, it may not be for us, nor our children, nor our grandchildren, to see it, but it will be for our descendants of some generation to see the extent of that progress and dominion of the favored races.

For myself, I believe there is no limit fit to be assigned to it by the human mind, because I find at work everywhere, on both sides of the Atlantic, under various forms and degrees of restriction on the one hand, and under various degrees of motive and stimulus on the other hand, in these branches of a common race, the great principle _of the freedom of human thought, and the respectability of individual character_. I find everywhere an elevation of the character of man as man, an elevation of the individual as a component part of society. I find everywhere a rebuke of the idea, that the many are made for the few, or that government is any thing but an _agency_ for mankind. And I care not beneath what zone, frozen, temperate, or torrid; I care not of what complexion, white or brown; I care not under what circumstances of climate or cultivation,--if I can find a race of men on an inhabitable spot of earth whose general sentiment it is, and whose general feeling it is, that government is made for man,--man, as a religious, moral, and social being,--and not man for government, there I know that I shall find prosperity and happiness.

Gentlemen, I forbear from these remarks. I recur with pleasure to the sentiment which I expressed at the commencement of my observations. I repeat the gratification which I feel at having been referred to on this occasion by a distinguished member of the mercantile profession; and without detaining you further, I beg to offer as a sentiment,--

"_The mercantile interest of the United States_, always and everywhere friendly to a united and free government."

Mr. Webster sat down amid loud and repeated applause; and
immediately after, at the request of the President, rose and
said:--#/

Gentlemen, I have the permission of the President to call your attention to the circumstance that a distinguished foreigner is at the table to-night, Mr. Aldham; a gentleman, I am happy to say, of my own hard-working profession, and a member of the English Parliament from the great city of Leeds. A traveller in the United States, in the most unostentatious manner, he has done us the honor, at the request of the Society, to be present to-night. I rise, Gentlemen, to propose his health. He is of that Old England of which I have been speaking; of that Old England with whom we had some fifty years ago rather a serious family quarrel,--terminated in a manner, I believe, not particularly disadvantageous to either of us. He will find in this, his first visit to our country, many things to remind him of his own home, and the pursuits in which he is engaged in that home. If he will go into our courts of law, he will find those who practise there referring to the same books of authority, acknowledging the same principles, discussing the same subjects which he left under discussion in Westminster Hall. If he go into our public assemblies, he will find the same rules of procedure--possibly not always quite as regularly observed--as he left behind him in that house of Parliament of which he is a member. At any rate, he will find us a branch of that great family to which he himself belongs, and I doubt not that, in his sojourn among us, in the acquaintances he may form, the notions he may naturally imbibe, he will go home to his own country somewhat better satisfied with what he has seen and learned on this side of the Atlantic, and somewhat more convinced of the great importance to both countries of preserving the peace that at present subsists between them. I propose to you, Gentlemen, the health of Mr. Aldham.

Mr. Aldham rose and said:--"Mr. President and Gentlemen of the New
England Society, I little expected to be called on to take a part
in the proceedings of this evening; but I am very happy in being
afforded an opportunity of expressing my grateful acknowledgments
for the very cordial hospitality which you have extended to me, and
the very agreeable intellectual treat with which I have been
favored this evening. It was with no little astonishment that I
listened to the terms in which I was introduced to you by a
gentleman whom I so much honor (Mr. Webster). The kind and friendly
terms in which he referred to me were, indeed, quite unmerited by
their humble object, and nothing, indeed, could have been more
inappropriate. It is impossible for any stranger to witness such a
scene as this without the greatest interest. It is the celebration
of an event which already stands recorded as one of the most
interesting and momentous occurrences which ever took place in the
annals of our race. And an Englishman especially cannot but
experience the deepest emotion as he regards such a scene. Every
thing which he sees, every emblem employed in this celebration,
many of the topics introduced, remind him most impressively of that
community of ancestry which exists between his own countrymen and
that great race which peoples this continent, and which, in
enterprise, ingenuity, and commercial activity,--in all the
elements indeed of a great and prosperous nation,--is certainly
not exceeded, perhaps not equalled, by any other nation on the face
of the globe. Gentlemen, I again thank you for the honor you have
done me, and conclude by expressing the hope that the event may
continue to be celebrated in the manner which its importance and
interest merit."

Mr. Aldham sat down amid great applause.

THE CHRISTIAN MINISTRY AND THE RELIGIOUS INSTRUCTION OF THE YOUNG.

A SPEECH DELIVERED IN THE SUPREME COURT AT WASHINGTON, ON THE 20TH OF FEBRUARY, 1844, IN THE GIRARD WILL CASE.

[The heirs at law of the late Stephen Girard, of Philadelphia, instituted a suit in October, 1836, in the Circuit Court of the Eastern District of Pennsylvania, sitting as a court of equity, to try the question of the validity of his will. In April, 1841, the cause came on for hearing in the Circuit Court, and was decided in favor of the will. The case was carried by appeal to the Supreme Court of the United States, at Washington, where it was argued by General Jones and Mr. Webster for the complainants and appellants, and by Messrs. Binney and Sergeant for the validity of the will.

The following speech was made by Mr. Webster in the course of the trial at Washington. A deep impression was produced upon the public mind by those portions of it which enforced the intimate connection of the Christian ministry with the business of instruction, and the necessity of founding education on a religious basis.

This impression resulted in the following correspondence:--

"_Washington, February 13, 1844._

"SIR,--Enclosed is a copy of certain proceedings of a meeting held in reference to your argument in the Supreme Court of the case arising out of the late Mr. Girard's will. In communicating to you the request contained in the second resolution, we take leave to express our earnest hope that you may find it convenient to comply with that request.

"We are, Sir, with high consideration, yours, very respectfully,

"P.R. FENDALL, } HORACE STRINGFELLOW,} JOSHUA N. DANFORTH, } R.R. GURLEY, } WILLIAM RUGGLES, } _Committee._ JOEL S. BACON, } THOMAS SEWALL, } WILLIAM B. EDWARDS, }

"HON. DANIEL WEBSTER."

"At a meeting of a number of citizens, belonging to different religious denominations, of Washington and its vicinity, convened to consider the expediency of procuring the publication of so much of Mr. Webster's argument before the Supreme Court of the United States, in the case of François F. Vidal et al., Appellants, v. The Mayor, Aldermen, and Citizens of Philadelphia, and Stephen Girard's Executors, as relates to that part of Mr. Girard's will which excludes ministers of religion from any station or duty in the college directed by the testator to be founded, and denies to them the right of visiting said college; the object of the meeting having been stated by Professor Sewall in a few appropriate remarks, the Hon. Henry L. Ellsworth was elected chairman, and the Rev. Isaac S. Tinsley secretary.

"Whereupon it was, on motion, unanimously resolved,

"1st. That, in the opinion of this meeting, the powerful and eloquent argument of Mr. Webster, on the before-mentioned clause of Mr. Girard's will, demonstrates the vital importance of Christianity to the success of our free institutions, and its necessity as the basis of all useful moral education; and that the general diffusion of that argument among the people of the United States is a matter of deep public interest.

"2d. That a committee of eight persons, of the several Christian denominations represented in this meeting, be appointed to wait on Mr. Webster, and, in the name and on behalf of this meeting, to request him to prepare for the press the portion referred to of his argument in the Girard case; and, should he consent to do so, to cause it to be speedily published and extensively disseminated.

"The following gentlemen were appointed the committee under the second resolution: Philip R. Fendall, Esq., Rev. Horace Stringfellow, Rev. Joshua N. Danforth, Rev. R. Randolph Gurley, Professor William Ruggles, Rev. President J.S. Bacon, Doctor Thomas Sewall, Rev. William B. Edwards.

"The meeting then adjourned.

"H.L. ELLSWORTH, _Chairman_

"ISAAC S. TINSLEY, _Secretary_."

"_Washington, February 13, 1844._

"GENTLEMEN,--I have the honor to acknowledge the receipt of your communication. Gentlemen connected with the public press have, I believe, reported my speech in the case arising under Mr. Girard's will. I will look over the report of that part of it to which you refer, so far as to see that it is free from material errors, but I have not leisure so to revise it as to give it the form of a careful or regular composition.

"I am, Gentlemen, with very true regard, your obedient servant,

"DANIEL WEBSTER.

"To Messrs. P.R. FENDALL,
HORACE STRINGFELLOW,
JOSHUA N. DANFORTH,
R.R. GURLEY,
WILLIAM RUGGLES,
JOEL S. BACON,
THOMAS SEWALL,
WILLIAM B. EDWARDS."]

The following mottoes were prefixed to this speech, in the original pamphlet edition.

"_Socrates._ If, then, you wish public measures to be right and
noble, _virtue_ must be given by you to the citizens.

"_Alcibiades._ How could any one deny that?

"_Socrates._ _Virtue_, therefore, is that which is to be first
possessed, both by you and by every other person who would have
direction and care, not only for himself and things dear to
himself, but for the state and things dear to the state.

"_Alcibiades._ You speak truly.

"_Socrates._ To act justly and wisely (both you and the state), YOU
MUST ACT ACCORDING TO THE WILL OF GOD.

"_Alcibiades._ It is so."--_Plato._

"Sic igitur hoc a principio persuasum civibus, dominos esse omnium
rerum ac moderatores, deos."--_Cicero de Legibus._

"We shall never be such fools as to call in an enemy to the
substance of any system, to supply its defects, or to perfect its
construction."

"If our religious tenets should ever want a further elucidation, we
shall not call on atheism to explain them. We shall not light up
our temple from that unhallowed fire."

"We know, and it is our pride to know, that man is, by his
constitution, a religious animal."--_Burke._

MAY IT PLEASE YOUR HONORS:--

It is not necessary for me to narrate, in detail, the numerous provisions of Mr. Girard's will. This has already been repeatedly done by other counsel, and I shall content myself with stating and considering those parts only which are immediately involved in the decision of this cause.

The will is drawn with apparent care and method, and is regularly divided into clauses. The first nineteen clauses contain various devises and legacies to relatives, to other private individuals and to public bodies. By the twentieth clause the whole residue of his estate, real and personal, is devised and bequeathed to the "mayor, aldermen, and citizens of Philadelphia," in trust for the several uses to be after mentioned and declared.

The twenty-first clause contains the devise or bequest to the college, in these words:--

"And so far as regards the residue of my personal estate in trust,
as to two millions of dollars, part thereof, to apply and expend so
much of that sum as may be necessary in erecting, as soon as
practicably may be, in the centre of my square of ground, between
High and Chestnut Streets, and Eleventh and Twelfth Streets, in the
city of Philadelphia, (which square of ground I hereby devote for
the purpose hereinafter stated, and for no other, for ever,) a
permanent college, with suitable out-buildings sufficiently
spacious for the residence and accommodation of at least three
hundred scholars, and the requisite teachers and other persons
necessary in such an institution as I direct to be established, and
in supplying the said college and out-buildings with decent and
suitable furniture, as well as books, and all things needful to
carry into effect my general design."

The testator then proceeds to direct that the college shall be constructed of the most durable materials, avoiding needless ornament, and attending chiefly to the strength, convenience, and neatness of the whole; and gives directions, very much in detail, respecting the form of the building, and the size and fashion of the rooms. The whole square, he directs, shall be enclosed with a solid wall, at least fourteen inches thick and ten feet high, capped with marble, and guarded with irons on the top, so as to prevent persons from getting over; and there are to be two places of entrance into the square, with two gates at each, one opening inward and the other outward, those opening inward to be of iron, and those opening outward to be of wood-work, lined with sheet-iron.

The testator then proceeds to give his directions respecting the institution, laying down his plan and objects in several articles. The third article is in these words:--

"3. As many poor white male orphans, between the ages of six and
ten years, as the said income shall be adequate to maintain, shall
be introduced into the college as soon as possible; and from time
to time, as there may be vacancies, or as increased ability from
income may warrant, others shall be introduced."

The fifth direction is as follows:--

"5. No orphan should be admitted until the guardians, or directors
of the poor, or a proper guardian or other competent authority,
shall have given, by indenture, relinquishment, or otherwise,
adequate power to the mayor, aldermen, and citizens of
Philadelphia, or to directors or others by them appointed, to
enforce, in relation to each orphan, every proper restraint, and to
prevent relations or others from interfering with or withdrawing
such orphan from the institution."

By the sixth article, or direction, preference is to be given, first, to orphans born in Philadelphia; second, to those born in other parts of Pennsylvania; third, to those born in the city of New York; and, lastly, to those born in the city of New Orleans.

By the seventh article, it is declared, that the orphans shall be lodged, fed, and clothed in the college; that they shall be instructed in the various branches of a sound education, comprehending reading, writing, grammar, arithmetic, geography, navigation, surveying, practical mathematics, astronomy, natural, chemical, and experimental philosophy, and the French and Spanish languages, and such other learning and science as the capacities of the scholars may merit or want. The Greek and Latin languages are not forbidden, but are not recommended.

By the ninth article it is declared, that the boys shall remain in the college till they arrive at between fourteen and eighteen years of age, when they shall be bound out by the city government to suitable occupations, such as agriculture, navigation, and the mechanical trades.

The testator proceeds to say, that he necessarily leaves many details to the city government; and then adds, "There are, however, some restrictions which I consider it my duty to prescribe, and to be, amongst others, conditions on which my bequest for said college is made, and to be enjoyed."

The second of these restrictions is in the following words:--

"Secondly. I enjoin and require _that no ecclesiastic, missionary,
or minister, of any sect whatever, shall ever hold or exercise any
station or duty whatever in the said college; nor shall any such
person ever be admitted for any purpose, or as a visitor, within
the premises appropriated to the purposes of the said college_.

"In making this restriction, I do not mean to cast any reflection
upon any sect or person whatsoever; but, as there is such a
diversity of opinion amongst them, I desire to keep the tender
minds of the orphans who are to derive advantage from this bequest
free from the excitement which clashing doctrines and sectarian
controversy are so apt to produce; my desire is, that all the
instructors and teachers in the college shall take pains to instil
into the minds of the scholars _the purest principles of morality_,
so that on their entrance into active life they may, _from
inclination_ and habit, evince _benevolence towards their
fellow-creatures, and a love of truth, sobriety, and industry_,
adopting at the same time such religious tenets as their _matured
reason_ may enable them to prefer."

The testator having, after the date of his will, bought a house in Penn Township, with forty-five acres of land, he made a codicil, by which he directed the college to be built on this estate, instead of the square mentioned in the will, and the whole establishment to be made thereon, just as if he had in his will devoted the estate to that purpose. The city government has accordingly been advised that the whole forty-five acres must be enclosed with the same high wall as was provided in the will for the square in the city.

I have now stated, I believe, all the provisions of the will which are material to the discussion of that part of the case which respects the character of the institution.

The first question is, whether this devise can be sustained, otherwise than as a charity, and by that special aid and assistance by which courts of equity support gifts to charitable uses.

If the devise be a good limitation at law, if it require no exercise of the favor which is bestowed on privileged testaments, then there is already an end to the question. But I take it that this point is conceded. The devise is void, according to the general rules of law, on account of the uncertainty in the description of those who are intended to receive its benefits.

"Poor white male orphan children" is so loose a description, that no one can bring himself within the terms of the bequest, so as to say that it was made in his favor. No individual can acquire any right or interest; nobody, therefore, can come forward as a party, in a court of law, to claim participation in the gift. The bequest must stand, if it stand at all, on the peculiar rules which equitable jurisprudence applies to charities. This is clear.