argument, caused him
soon to change his first impression. To reach Livingston and Johnson was
not so easy, for they were out of New England, and it was necessary to go a
long way round to get at them. The great legal upholder of Federalism in
New York was Chancellor Kent. His first impression, like that of Story, was
decidedly against the college, but after much effort on the part of the
trustees and their able allies, Kent was converted, partly through his
reason, partly through his Federalism, and then his powers of persuasion
and his great influence on opinion came to bear very directly on
Livingston, more remotely on Johnson. The whole business was managed like a
quiet, decorous political campaign. The press and the party were everywhere
actively interested. At first, and in the early summer of 1818, before Kent
was converted, matters looked badly for the trustees. Mr. Webster knew the
complexion of the court, and hoped little from the point raised in Trustees
vs. Woodward. Still, no one despaired, and the work was kept up until, in
September, President Brown wrote to Mr. Webster in reference to the
argument:--
"It has already been, or shortly will be, read by all the
_commanding_ men of New England and New York; and so far as it has
gone it has united them all, without a single exception within my
knowledge, in one broad and impenetrable phalanx for our defence
and support. New England and New York _are gained_. Will not this
be sufficient for our present purposes? If not, I should recommend
reprinting. And on this point you are the best judge. I
prevailingly think, however, that the current of opinion from this
part of the country is setting so strongly towards the South that
we may safely trust to its force alone to accomplish whatever is
necessary."
The worthy clergyman writes of public opinion as if the object was to elect
a President. All this effort, however, was well applied, as was found when
the court came together at the next term. In the interval the State had
become sensible of the defects of their counsel, and had retained Mr.
Pinkney, who stood at that time at the head of the bar of the United
States. He had all the qualifications of a great lawyer, except perhaps
that of robustness. He was keen, strong, and learned; diligent in
preparation, he was ready and fluent in action, a good debater, and master
of a high order of eloquence. He was a mo
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