onstructive
ability. The criminal law of the United States had scarcely been touched
since the days of the first Congress, and was very defective and
unsatisfactory. Mr. Webster's first task, in which he received most
essential and valuable though unacknowledged assistance from Judge Story,
was to codify and digest the whole body of criminal law. This done, the
hardly less difficult undertaking followed of carrying the measure through
Congress. In the latter, Mr. Webster, by his skill in debate and
familiarity with his subject, and by his influence in the House, was
perfectly successful. That he and Judge Story did their work well in
perfecting the bill is shown by the admirable manner in which the Act stood
the test of time and experience.

When the new Congress came together in 1825, Mr. Webster at once turned his
attention to the improvement of the Judiciary, which he had been obliged to
postpone in order to ward off the attacks upon the court. After much
deliberation and thought, aided by Judge Story, and having made some
concessions to his committee, he brought in a bill increasing the Supreme
Court judges to ten, making ten instead of seven circuits, and providing
that six judges should constitute a quorum for the transaction of business.
Although not a party question, the measure excited much opposition, and was
more than a month in passing through the House. Mr. Webster supported it at
every stage with great ability, and his two most important speeches, which
are in their way models for the treatment of such a subject, are preserved
in his works. The bill was carried by his great strength in debate and by
height of forcible argument. But in the Senate, where it was deprived of
the guardianship of its author, it hung along in uncertainty, and was
finally lost through the apathy or opposition of those very Western members
for whose benefit it had been devised. Mr. Webster took its ultimate defeat
very coolly. The Eastern States did not require it, and were perfectly
contented with the existing arrangements, and he was entirely satisfied
with the assurance that the best lawyers and wisest men approved the
principles of the bill. The time and thought which he had expended were not
wasted so far as he was personally concerned, for they served to enhance
his influence and reputation both as a lawyer and statesman.

This session brought with it also occasions for debate other than those
which were offered by measures o