Webster that he referred to Mr. Bartlett's argument in a most contemptuous
way, and strenuously opposed the publication of the remarks "personal or
injurious to counsel."
The weight of the argument for the college fell upon Mason and Smith, who
spoke for two and four hours respectively. Sullivan and Bartlett occupied
three hours, and the next day Mr. Webster closed for the plaintiffs in a
speech of two hours. Mr. Webster spoke with great force, going evidently
beyond the limits of legal argument, and winding up with a splendid
sentimental appeal which drew tears from the crowd in the Exeter
court-room, and which he afterwards used in an elaborated form and with
similar effect before the Supreme Court at Washington.
It now becomes necessary to state briefly the points at issue in this case,
which were all fully argued by the counsel on both sides. Mr. Mason's
brief, which really covered the whole case, was that the acts of the
Legislature were not obligatory, 1, because they were not within the
general scope of legislative power; 2, because they violated certain
provisions of the Constitution of New Hampshire restraining legislative
power; 3, because they violated the Constitution of the United States.
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