ere yet equally clear in the opinion, (it was a
matter they did doubt upon,) that the question, after all, must be
decided by the judicial tribunals of the United States. Before those
tribunals, therefore, they brought the question. Under the provisions of
the law, they had given bonds to millions in amount, and which were
alleged to be forfeited. They suffered the bonds to be sued, and thus
raised the question. In the old-fashioned way of settling disputes, they
went to law. The case came to hearing and solemn argument; and he who
espoused their cause, and stood up for them against the validity of the
embargo act, was none other than that great man, of whom the gentleman
has made honorable mention, Samuel Dexter. He was then, Sir, in the
fulness of his knowledge, and the maturity of his strength. He had
retired from long and distinguished public service here, to the renewed
pursuit of professional duties, carrying with him all that enlargement
and expansion, all the new strength and force, which an acquaintance
with the more general subjects discussed in the national councils is
capable of adding to professional attainment, in a mind of true
greatness and comprehension. He was a lawyer, and he was also a
statesman. He had studied the Constitution, when he filled public
station, that he might defend it; he had examined its principles that he
might maintain them. More than all men, or at least as much as any man,
he was attached to the general government and to the union of the
States. His feelings and opinions all ran in that direction. A question
of constitutional law, too, was, of all subjects, that one which was
best suited to his talents and learning. Aloof from technicality, and
unfettered by artificial rule, such a question gave opportunity for that
deep and clear analysis, that mighty grasp of principle, which so much
distinguished his higher efforts. His very statement was argument; his
inference seemed demonstration. The earnestness of his own conviction
wrought conviction in others. One was convinced, and believed, and
assented, because it was gratifying, delightful, to think, and feel, and
believe, in unison with an intellect of such evident superiority.
Mr. Dexter, Sir, such as I have described him, argued the New England
cause. He put into his effort his whole heart, as well as all the powers
of his understanding; for he had avowed, in the most public manner, his
entire concurrence with his neighbors on the
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