The truth is, that the suggestion of the
constitutional point, not a very remarkable idea in itself, originated, as
has been said, with a layman, was regarded by Mr. Webster as a forlorn
hope, and was very briefly discussed by him before the Supreme Court. He
knew, of course, that if the case were to be decided against Woodward, it
could only be on the constitutional point, but he evidently thought that
the court would not take the view of it which was favorable to the college.
The Dartmouth College case was unquestionably one of Mr. Webster's great
achievements at the bar, but it has been rightly praised on mistaken
grounds. Mr. Webster made a very fine presentation of the arguments mainly
prepared by Mason and Smith. He transcended the usual legal limits with a
burst of eloquent appeal which stands high among the famous passages of his
oratory. In what may be called the strategy of the case he showed the best
generalship and the most skilful management. He also proved himself to be
possessed of great tact and to be versed in the knowledge of men, qualities
not usually attributed to him because their exercise involved an amount of
care and painstaking foreign to his indolent and royal temperament, which
almost always relied on weight and force for victory.
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