a fair example of these
_Reminiscences_. A more untrustworthy book it would be impossible to
imagine. There is not a statement in it which can be safely accepted,
unless supported by other evidence. It puts its subject throughout in the
most unpleasant light, and nothing has ever been written about Webster so
well calculated to injure and belittle him as these feeble and distorted
recollections of his loving and devoted Boswell. It is the reflection of a
great man upon the mirror of a very small mind and weak memory.]
The defendant Woodward having died, Mr. Webster moved that the judgment be
entered _nunc pro tunc_. Pinkney and Wirt objected on the ground that the
other causes on the docket contained additional facts, and that no final
judgment should be entered until these causes had been heard. The court,
however, granted Mr. Webster's motion. Mr. Pinkney then tried to avail
himself of the stipulation in regard to the special verdict, that any new
and material facts might be added or any facts expunged. Mr. Webster
peremptorily declined to permit any change, obtained judgment against
Woodward, and obliged Mr. Pinkney to consent that the other causes should
be remanded, without instructions, to the Circuit Court, where they were
heard by Judge Story, who rendered a decree _nisi_ for the college. This
closed the case, and such were the last displays of Mr. Webster's dexterous
and vigorous management of the famous "college causes."
The popular opinion of this case seems to be that Mr. Webster, with the aid
of Mr. Mason and Judge Smith, developed a great constitutional argument,
which he forced upon the acceptance of the court by the power of his close
and logical reasoning, and thus established an interpretation of the
Constitution of vast moment. 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 ar
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