Daniel Webster

Daniel Webster
Daguerreotype of Webster, Template:Circa.
Daniel Webster
Born	18 1, 1782
Birthplace	Salisbury, New Hampshire, U.S.
Died	Template:Death date and age Marshfield, Massachusetts, U.S.
Nationality	American
Occupation	Lawyer, statesman, politician
Known for	Second Reply to Hayne; Webster–Ashburton Treaty; landmark Supreme Court arguments
Education	Dartmouth College (B.A.)
Children	5, including Fletcher Webster

Daniel Webster (January 18, 1782 – October 24, 1852) was an American lawyer, orator, and statesman who served the United States for nearly four decades as a congressman, senator, and twice as secretary of state. Born on a modest farm in the New Hampshire frontier, Webster rose to become one of the most commanding public figures of 19th-century America — a man whose thundering voice in the halls of Congress and before the bar of the Supreme Court shaped the legal and political contours of a young republic. He represented New Hampshire and later Massachusetts in the U.S. House of Representatives, served as a U.S. senator from Massachusetts, and held the position of secretary of state under Presidents William Henry Harrison, John Tyler, and Millard Fillmore. An attorney of extraordinary skill, Webster argued over 200 cases before the Supreme Court, including landmark decisions that defined the scope of federal power and the sanctity of contracts. Together with Henry Clay and John C. Calhoun, he formed the so-called "Great Triumvirate" that dominated the Senate during the antebellum era. A fierce defender of the Union and the Constitution, Webster's career was defined by his devotion to national unity, his opposition to nullification and secession, and his willingness — controversial even in his own time — to compromise on the question of slavery in pursuit of preserving the federal compact.

Early Life

Daniel Webster was born on January 18, 1782, in Salisbury, New Hampshire (in the area that later became the town of Franklin), the son of Ebenezer Webster and Abigail Eastman. Ebenezer Webster was a farmer and tavern-keeper who had served as a soldier during the American Revolution and later held local political offices, including a position as a judge of the Court of Common Pleas. The elder Webster's frontier experiences and service to the patriot cause instilled in the young Daniel a deep sense of patriotism and reverence for the Constitution.

Daniel was the ninth of ten children and was a sickly child, small in stature and physically frail in his early years. His poor health prevented him from performing the rigorous farm labor expected of frontier boys, but it also afforded him more time with books. He was an avid reader from a young age, reportedly able to recite passages of literature and scripture with remarkable ease. His evident intellectual ability prompted his father to make sacrifices to provide him with a formal education, a decision Ebenezer Webster regarded as one of the most important of his life.

Webster attended several local academies, including Phillips Exeter Academy in Exeter, New Hampshire, though his time there was brief and reportedly marked by shyness. He found the social environment at Exeter difficult and did not remain for long before transferring to other preparatory instruction closer to home. Despite these early difficulties, he demonstrated a precocious talent for oratory and debate that would define his career.

Education

Webster enrolled at Dartmouth College in Hanover, New Hampshire, in 1797 and graduated in 1801. At Dartmouth, he distinguished himself as a student of the classics, literature, and rhetoric. He became active in the college's debating society and earned a reputation as an exceptional speaker. His commencement address and other public addresses during his college years attracted local notice.

After graduating from Dartmouth, Webster undertook a legal apprenticeship, the standard method of entering the legal profession at the time. He studied law under several attorneys, most notably Christopher Gore in Boston, a prominent Federalist lawyer and politician. Webster was admitted to the bar in 1805 and established his first law practice in Boscawen, New Hampshire, before relocating to Portsmouth, New Hampshire, where his practice grew considerably.

Career

Early Legal Practice and Entry into Politics

In Portsmouth, Webster quickly built a reputation as one of New Hampshire's ablest attorneys. His rhetorical gifts, sharp intellect, and commanding presence in the courtroom attracted prominent clients, and he became a leading figure in New Hampshire's Federalist political circles. Webster was a vocal critic of the policies of President Thomas Jefferson and his successor, James Madison, particularly regarding trade restrictions and the drift toward war with Great Britain.

Webster's opposition to the War of 1812 provided the catalyst for his entry into national politics. He was elected to the United States House of Representatives from the New Hampshire at-large district in 1812, taking his seat on March 4, 1813. In Congress, he emerged as a leader of the Federalist opposition to the war, delivering forceful speeches against the conflict and the Madison administration's fiscal policies. He served two terms in the House, from 1813 to 1817, before choosing not to seek re-election.

Move to Boston and Supreme Court Career

After leaving Congress, Webster relocated to Boston, Massachusetts, in 1816, a move motivated by both professional and financial considerations. Boston offered a far larger and more lucrative legal market, and Webster soon established himself as the preeminent attorney in New England and one of the most sought-after lawyers in the nation.

It was during this period that Webster became a dominant presence before the Supreme Court of the United States. Over the course of his career, he argued more than 200 cases before the Court — an extraordinary record unmatched by virtually any advocate of his era. Several of these cases produced landmark decisions that profoundly shaped American constitutional law:

• Dartmouth College v. Woodward (1819): Webster represented his alma mater, Dartmouth College, in a case challenging the New Hampshire legislature's attempt to alter the college's colonial charter and place it under state control. The Supreme Court, in an opinion by Chief Justice John Marshall, ruled that the charter constituted a contract protected by the Contract Clause of the Constitution. Webster's emotional argument — in which he reportedly declared, "It is, Sir, as I have said, a small college. And yet there are those who love it" — became one of the most celebrated moments in American legal history.

• McCulloch v. Maryland (1819): Webster served as co-counsel in this case, which established the constitutionality of the Second Bank of the United States and affirmed the doctrine of implied powers under the Necessary and Proper Clause. The Court's decision, again authored by Chief Justice Marshall, declared that "the power to tax involves the power to destroy" and that states could not tax federal institutions.

• Gibbons v. Ogden (1824): Webster argued on behalf of Thomas Gibbons in this case, which concerned competing steamboat monopolies on the waters between New York and New Jersey. The Supreme Court's decision broadly interpreted Congress's power to regulate interstate commerce under the Commerce Clause, establishing a foundational principle of federal regulatory authority.

These cases cemented Webster's reputation as the nation's foremost constitutional lawyer and advocate for a strong federal government.

Return to Congress and the National Republican Era

Webster returned to the U.S. House of Representatives in 1823, this time representing the 1st district of Massachusetts. He served as Chair of the House Judiciary Committee from 1823 to 1827. During this period, he became a key supporter of President John Quincy Adams and his program of internal improvements, protective tariffs, and national development.

In 1827, the Massachusetts legislature elected Webster to the United States Senate, where he would serve until 1841 and again from 1845 to 1850. Together with Henry Clay, Webster worked to build the National Republican Party in support of Adams's agenda and in opposition to the rising political movement of Andrew Jackson.

Webster's position on the tariff evolved significantly during his career. As a representative from New Hampshire, he had opposed protective tariffs, reflecting the commercial and shipping interests of his constituents. After moving to Massachusetts, however, where manufacturing was increasingly important, he became a strong proponent of tariff protection — a shift his political opponents frequently cited as evidence of opportunism.

The Second Reply to Hayne and the Nullification Crisis

Webster's most celebrated moment as a senator came in January 1830, during the famous debate with Senator Robert Y. Hayne of South Carolina. The exchange began as a discussion of western land policy but expanded into a fundamental argument over the nature of the Union. Hayne, echoing the nullification theories of Vice President John C. Calhoun, argued that individual states possessed the right to declare federal laws unconstitutional and void within their borders.

Webster's "Second Reply to Hayne," delivered on January 26–27, 1830, was a comprehensive and impassioned defense of the Constitution as a creation of the people, not merely a compact among sovereign states. He argued that the federal government derived its authority directly from the people and that nullification was incompatible with the survival of the Union. His peroration — "Liberty and Union, now and for ever, one and inseparable!" — became one of the most quoted phrases in American political history and was widely reprinted and memorized by schoolchildren for generations.

When the nullification crisis reached its peak in 1832–1833, with South Carolina formally declaring the federal tariff null and void within the state, Webster supported President Jackson's forceful response, including the Force Bill authorizing the use of military force to enforce federal law. This placed Webster in the unusual position of siding with Jackson, his frequent political adversary, against Calhoun.

Break with Jackson and the Rise of the Whig Party

Despite their cooperation during the nullification crisis, Webster and Jackson soon clashed over the fate of the Second Bank of the United States. Webster was a strong supporter of the Bank, which he viewed as essential to economic stability, and he had served as the Bank's legal counsel. Jackson's veto of the Bank recharter bill in 1832 and his subsequent removal of federal deposits from the Bank in 1833 provoked fierce opposition from Webster and other congressional leaders.

This opposition to Jackson became the unifying force behind the creation of the Whig Party in the mid-1830s, which brought together National Republicans, anti-Jackson Democrats, and other factions opposed to what they termed "executive tyranny." Webster was one of the leading figures in the new party. He served as Chair of the Senate Finance Committee from December 1833 to December 1836.

Webster was one of several Whig candidates in the 1836 presidential election, in which the party pursued a regional strategy of running multiple candidates against the Democratic nominee, Martin Van Buren. Webster carried only Massachusetts and received 14 electoral votes, finishing last among the Whig candidates. The defeat effectively ended his most serious bid for the presidency, though he would seek the Whig nomination again in 1840 and 1848 without success.

First Tenure as Secretary of State (1841–1843)

In the 1840 presidential election, Webster supported William Henry Harrison's successful candidacy and was rewarded with appointment as secretary of state, taking office on March 6, 1841. Harrison's death just one month into his presidency brought Vice President John Tyler to the White House, precipitating a political crisis within the Whig Party. Tyler vetoed key elements of the Whig legislative program, including bills to re-establish a national bank, leading most of Harrison's Cabinet to resign in September 1841.

Webster was the sole Cabinet member who chose to remain in office under Tyler. His decision was motivated in part by ongoing diplomatic negotiations with Great Britain that he wished to bring to a successful conclusion. The most significant achievement of Webster's first tenure as secretary of state was the negotiation of the Webster–Ashburton Treaty of 1842, concluded with British diplomat Lord Ashburton (Alexander Baring). The treaty resolved several long-standing disputes between the United States and Britain, including the contested boundary between Maine and the Canadian province of New Brunswick, which had nearly led to armed conflict in the so-called "Aroostook War." The treaty also addressed issues related to the suppression of the Atlantic slave trade and the extradition of fugitives.

Webster resigned as secretary of state on May 8, 1843, having completed the treaty and finding his position within the Tyler administration increasingly untenable as Tyler moved closer to the Democratic Party.

Return to the Senate (1845–1850)

Webster was returned to the Senate by the Massachusetts legislature in 1845 and quickly resumed his position as one of the chamber's most influential members. The annexation of Texas, the Mexican–American War, and the question of slavery in the territories acquired from Mexico dominated the political landscape during this period.

Webster opposed the Mexican–American War, viewing it as an unjust conflict waged primarily for the expansion of slavery. Nevertheless, he did not align himself with the more radical anti-slavery faction of the Whig Party. Instead, he became a leader of the so-called "Cotton Whigs" — Northern Whigs who prioritized the preservation of the Union and good commercial relations with the South over the anti-slavery cause.

This position brought Webster into direct conflict with the "Conscience Whigs" of Massachusetts, who viewed any accommodation with slavery as morally unacceptable. The tension between these factions reached its climax during the debate over the Compromise of 1850.

The Seventh of March Speech and the Compromise of 1850

On March 7, 1850, Webster delivered one of the most consequential and controversial speeches of his career in the Senate. Speaking in support of Henry Clay's proposed compromise measures, Webster declared that he spoke "not as a Massachusetts man, nor as a Northern man, but as an American." He endorsed the principal elements of the Compromise, including a stricter Fugitive Slave Act, arguing that the preservation of the Union required concessions from both North and South.

The speech enraged abolitionists and anti-slavery Whigs in New England. The poet John Greenleaf Whittier denounced Webster in his poem "Ichabod," and many former allies condemned him as a traitor to the cause of freedom. Others, however, praised Webster's statesmanship and credited the Compromise of 1850 with postponing the Civil War by a decade.

Second Tenure as Secretary of State (1850–1852)

President Millard Fillmore appointed Webster to serve once again as secretary of state on July 23, 1850. In this capacity, Webster worked to enforce the Compromise of 1850, including the controversial Fugitive Slave Act, and managed American foreign policy during a period of growing international tensions.

Webster confronted challenges from European powers, including the attempt by Louis Kossuth, the Hungarian revolutionary leader, to secure American intervention on behalf of Hungarian independence from Austria. Webster expressed sympathy for the Hungarian cause but maintained a policy of non-intervention consistent with American diplomatic tradition.

A notable episode of Webster's second tenure involved the case of Martin Koszta, an Austrian-born participant in the Hungarian revolution who had declared his intention to become an American citizen. Although the full resolution of the case extended beyond Webster's lifetime, it reflected the increasing assertion of American power in protecting the rights of individuals under its jurisdiction.

Webster sought the Whig presidential nomination in 1852 but was passed over in favor of General Winfield Scott. His health had been declining for some time, and he was gravely ill by the autumn of 1852.

Personal Life

Webster married Grace Fletcher on May 29, 1808. The couple had five children, including Fletcher Webster, who served as a colonel in the Union Army during the Civil War and was killed at the Second Battle of Bull Run in 1862. Grace Fletcher Webster died on January 21, 1828.

Webster married Caroline LeRoy Bayard on December 12, 1829. She survived him and lived until 1882.

Webster's personal finances were a source of recurring difficulty throughout his life. Despite earning substantial fees from his legal practice, he lived lavishly and was frequently in debt. He maintained a large estate in Marshfield, Massachusetts, where he pursued farming and entertained extensively. His financial dependence on wealthy patrons, including officers of the Second Bank of the United States, was a persistent source of political vulnerability and criticism.

Webster was elected to the American Philosophical Society in 1837.

Daniel Webster died at his estate in Marshfield, Massachusetts, on October 24, 1852, at the age of 70, while still serving as secretary of state. He was buried at Winslow Cemetery in Marshfield.

Recognition

Webster's contributions to American political and legal life earned him numerous tributes during and after his lifetime. In 1957, a United States Senate committee chaired by Senator John F. Kennedy selected Webster as one of the five greatest senators in American history, alongside Henry Clay, John C. Calhoun, Robert M. La Follette Sr., and Robert A. Taft. Portraits of these five senators were installed in the Senate Reception Room.

The Library of Congress maintains an extensive collection of Webster's papers, correspondence, and related materials, reflecting his enduring significance as a subject of historical study.

Numerous places and institutions have been named in Webster's honor, including the town of Webster, Massachusetts, and several schools across the country. Daniel Webster College, a former institution in Nashua, New Hampshire, bore his name until it closed; in 2026, the New Hampshire Senate Finance Committee voted not to provide funding for the city of Nashua to purchase the former college site.

Webster's writings and speeches have been preserved in multiple published collections, including The Writings and Speeches of Daniel Webster, edited by Edward Everett, which remain primary sources for scholars of antebellum American history.

Legacy

Daniel Webster's legacy occupies a complex and often contested place in American historical memory. As an orator, he had few equals in American political life. His speeches — particularly the Second Reply to Hayne and the Plymouth Oration of 1820 — were staples of American education for much of the 19th and early 20th centuries and helped shape the rhetorical traditions of American public discourse.

As a constitutional lawyer, Webster's influence was profound. His arguments before the Supreme Court in cases such as Dartmouth College v. Woodward, McCulloch v. Maryland, and Gibbons v. Ogden helped establish foundational doctrines of American constitutional law, including the sanctity of contracts, the scope of implied federal powers, and the breadth of the Commerce Clause. These principles remained central to constitutional jurisprudence long after Webster's death.

As a political figure, Webster's legacy is more ambiguous. His defense of the Union and his opposition to nullification won him admiration across the North and among later generations of nationalists. However, his support for the Compromise of 1850 and particularly the Fugitive Slave Act tarnished his reputation among abolitionists and has continued to provoke debate among historians. Some scholars have viewed Webster's compromises as pragmatic efforts to preserve the Union during a period of extreme sectional tension; others have characterized them as morally indefensible concessions to the slave power.

Webster also became a figure of American literary imagination. Stephen Vincent Benét's 1937 short story The Devil and Daniel Webster reimagined the statesman as a folk hero who defeats the devil in a jury trial, reflecting the enduring popular image of Webster as the nation's greatest advocate.

His personal correspondence, preserved in multiple archives and published collections, offers an intimate portrait of American political life in the first half of the 19th century.

The United States Senate's recognition of Webster as one of the five greatest senators in its history reflects the enduring estimation of his contributions to American governance, even as the moral complexities of his positions on slavery continue to invite reappraisal.