the arguments addressed to their understandings. There was no appeal to their sympathies for these imbecile, humble and pitiable beings: the single question presented was, are they, or are they not guilty? The triumph of truth and talents was complete. The eyes of the audience were riveted on the advocate while he was speaking, and followed him when he left the court-house. This was the first argument of importance he had made in his newly adopted State.

In the year 1818, Mr. Webster was engaged in the Dartmouth College case which had made a great excitement in New-England. In 1816, the Legislature of New-Hampshire, believing that the right of altering or amending the charter of this college, which had been granted by the king previous to the revolution, was vested in them by the constitution of the State, proceeded to enlarge and improve it. This act was not accepted nor assented to by the trustees of Dartmouth College, and they refused to submit to it any further than they were compelled to do so by the necessities of the case. The new institution called by the act of the Legislature, The Dartmouth University,' went into operation, as far as existing circumstances would permit. There were two Presidents, two sets of Professors in the same village, and of course, no good fellowship between them. The students generally took side with the college party, a few only going over to the university. It was a very uncomfortable state of things. The Faculty of both institutions were highly

respectable, and capable of building up any literary and scientific seminary, had they been under different auspices. The lawyers were consulted, and the most distinguished of them, Smith, Mason, and Webster were of the opinion, that the act of the Legislature of NewHampshire was unconstitutional, and of course not valid. It was conceded, that there were many difficulties in the case; but it was indispensable, that the question should be decided, that one of the institutions might survive the quarrel. The records, charter and the evidence of the college property, were in the hands of the new treasurer, and an action of trover was brought by the trustees of Dartmouth College to recover them. The facts were agreed on. The question whether the acts of the Legislature of New-Hampshire of the 27th of June, and of the 16th and 18th of December, 1816, are valid and binding on the rights of the plaintiffs, without their acceptance or assent?'

It was a great constitutional question. The people of Massachusetts took as deep an interest in it as those of New-Hampshire. The cause was ably argued before the Supreme Court of New-Hampshire, and the opinion of the court was given by Chief-Justice Richardson, in favor of the validity and constitutionality of the acts of the Legislature, and judgment was accordingly entered up for the defendant. Thereupon, a writ of error was sued out by the plaintiffs in the original suit, and the cause removed to the Supreme Court of the United States. In March, 1818, the cause was argued before

all the judges, by Mr. Webster and Mr. Hopkinson for the plaintiffs, and by Mr. Holmes and Mr. Wirt for the defendant in error. The anxiety of the parties, the great constitutional principle involved, the deep interest felt by every lawyer in the country in the decision of the question, gave more notoriety to the cause than to any ever brought before that august tribunal. Some were apprehensive that the court would evade the question in some way or other. Mr. Webster had no such fears. He knew the judges well enough to believe, that while they were not anxious to meet constitutional questions, whenever they were fully brought before them the subject would be most solemnly considered and as fearlessly decided. The question was argued on both sides with great ability. The counsel were men of research, and their reputations were in the case, for it was well known whatever way it was decided, it would form a leading case. Mr. Webster came to his work fully possessed of all the views that could be taken of the subject, and he sustained and increased by this argument the reputation he had acquired as a profound constitutional lawyer. The judgment of the State court was reversed-the acts of the Legislature declared null and void as being unconstitutional. The University disappeared, the college rose with new vigor, and the people of New-Hampshire acquiesced in the decision, and a great portion of the thinking people of the country considered it as a new proof of the wisdom and strength of the constitution of the United States.

In 1820, the people of the commonwealth of Massachusetts thought it was time to revise their State constitution. There were some things in it which required amendment, particularly the oath of attachment and adherence to the independence of the commonwealth, and the adjuration of allegiance to all foreign princes and potentates whatsoever, wore not a little of the drapery of revolutionary suspicion; and, as the letter of the oath was construed, it was supposed to extend to the exclusion of all Catholics from every office under the government of the commonwealth. It was also thought that the number of representatives which the towns had a right to send was far too many for prompt and sagacious legislation. In fact forty years had passed away since the old constitution was formed, and a free people wished to come together to discuss the blessings of liberty, and to examine their charter and see if there were not some amendments to be made. This was natural, as for the lord of the manor to examine his grounds, or the miser to count his gold. The convention was large, composed of all classes of that enlightened community. The distinguished statesmen, of course, were in that body; lawyers, who had not become statesmen, were there also. Clergymen, who had never before departed from the duties of their parish and the care of souls, found themselves in this great body, they hardly knew how-ready to assist in revising the constitution; and medical men, whose field of fame had been in the lecture-room, or in the anatom

ical theatre, or in the walks of the hospital, now found themselves collected with others to amend the constitution. Indeed, men, of all pursuits in life were congregated for the purpose of discussing the best model of a republican constitution. For weight, talents, acquirements, moral worth and political science, this body was superior to any one ever assembled in NewEngland. Their first act, was one of duty and gratitude; this was in electing the venerable John Adams, of Quincy, to preside over their deliberations. The old constitution was from his pen. He declined the appointment, and the accomplished Chief-Justice of the Commonwealth, Isaac Parker, was chosen in his place. Look over the hall which way you would, and virtue, genius, experience, clustered in every quarter. Here, were heads silvered with age,-there, bosoms swelling with patriotism, and every where tongues of fire to pour out the tide of eloquence. To the republican philosopher it was a sight full of pleasure and pride. The youths of the land gazed with wonder on the scene, and as they had venerated each as individuals, they now almost adored the collected whole. No man

looked upon the assembly with a keener eye and a deeper feeling than the Nestor of the conventionAdams. Some of his compatriots were there; many of a succeeding generation were there; but the actors were men of a third generation. He had known but a few of the last, and was delighted to find so much character and intelligence among them. The