During his first years in Congress, Webster railed against President James Madison’s war policies, invoking a states’ rights argument to oppose a conscription bill that went down to defeat. After the War of 1812 and the effective dissolution of the Federalist Party, he left Washington and moved with his family to Boston, Massachusetts. Representing some of the city’s leading business interests, he became one of the highest-paid lawyers in the country.
Despite his earlier defense of states’ rights, Webster’s persuasive arguments before the Supreme Court would help shape a series of landmark decisions issued by Chief Justice John Marshall regarding the scope of federal power under the Constitution, including Dartmouth College v. Woodward (1819) and Gibbons v. Ogden (1824).
In the most famous, McCulloch v. Maryland (1824), Marshall accepted Webster’s view that Congress had the authority under the Constitution to “make all laws which shall be necessary and proper”—including chartering the Bank of the United States—and that states like Maryland could not tax a branch of that bank, or any other federal institution. He even stole Webster’s memorable language in defense of the bank, writing that “The power to tax involves the power to destroy.”
In addition to his legal victories, Webster continued to gain attention for his public oratory, including a moving speech at Plymouth in 1820 to commemorate the 200th anniversary of the Mayflower’s landing there.
The Senate Debate on Nullification
By 1823, Webster was representing his Boston constituents in the House of Representatives, where trained his focus on challenging the protective tariffs championed by Kentucky’s Henry Clay. After being elected to the Senate in 1826, Webster was traveling back to Washington in December 1827 when his wife, Grace, fell ill on the journey; she died less than a month later. Webster married his second wife, Caroline LeRoy, in late 1829.
In the Senate, Webster would make his name as one of the so-called Great Triumvirate of influential statesmen of the era, alongside Clay and John C. Calhoun of South Carolina. Though he had previously opposed protective tariffs as unconstitutional (and bad for New England’s shipping business) he changed his tune when it came to the Tariff of 1828. Known in the South as the Tariff of Abominations, the law offered significant protection for his region’s growing textile industry.
In 1830, South Carolina’s Robert Hayne presented Calhoun’s argument that a state had the right to nullify laws they disliked, and even secede from the Union as a last resort. (At the time, Calhoun was vice president and could not argue before the Senate himself.) In a speech considered among the greatest in U.S. political history, Webster eloquently defended the supremacy of the federal government over the states, arguing that nullification would end up tearing the country apart.
The Bank War and Emergence of the Whig Party