that your duty to the public requires you to leave her to resume your seat in the senate. Indeed, it seems to me that under such circumstances it must be quite impossible for you to attend to your duties in the Senate, and I think you ought not to attempt it. Nor do I think you ought to return to Washington till your own health is in a good degree restored and confirmed. But I hope and trust, my dear sir, that when you receive this Mrs. Webster may be deemed to be out of danger. If however, she should unfortunately be otherwise, and you should be obliged to remain with her (as I think in that case you would), I much doubt whether that would justify you in immediately, or soon vacating your seat in the Senate. This I understand to be the intimation in your letter. Whether her continuing long in such situation would not render your resignation expedient, can be determined hereafter. I most cordially wish under present circumstances that you were out of the Senate; but I do not see how you will justify resigning at this time. Your motives will be misunderstood by many of your political friends, and misunderstood and misrepresented by all your political enemies. Your resignation would unquestionably be imputed to your supposed despair of success of the administration party. I am sure it would be so represented by all the opposition papers in the United States, and I think it very probable that many not under their influence would believe it. Considering your standing, such a belief might at the present time do the administration and the country vast injury. I think the injury arising from absence from the Senate would be immeasurably less than from your resignation. Having accepted the place so recently, nothing but imperious necessity will be or ought to be considered a justification for resigning it under the present circumstances of the country. At all events, I hope you will not come to a determination to do this hastily. If you find it probable that you must be absent from the Senate, the whole or a chief part of the present session, I think you ought to state your willingness to (310) resign to some of your political friends at Washington, and be in some measure guided by their opinion of its expediency. There can be no danger of thereby exposing yourself to the suspicion of wishing to obtain their advice. You are too well known at Washington to fear anything of that sort.

After giving you my opinion thus frankly on this point, I think I am bound to say with equal frankness that not only Mrs. Webster's

situation, if it continues to be dangerous and critical, but, in my opinion, a due regard for your own health, if it be so low and slender as I fear it is, makes it your duty to remain quietly where you are for the present. I know the call for you in the Supreme Court will be urgent, but I really fear that any extraordinary exertions with your present feeble health and anxiety may destroy you. If you do return to Washington, I most sincerely advise you to abstain as much as possible from occasions of high excitement and exertions. Such a course, under present circumstances, cannot injure your reputation. Since I saw you in Boston, I have been twice to Salem to attend the trials of the Argonaut. We have had two tedious jury trials, and have obtained two successive verdicts, much against the wishes of Judge P. He seemed to think it his duty to obstruct the plaintiff's course as much as he could, but I believe we have got our verdicts on such grounds as must end the litigation, though not on the ground we ought to have had them. I left Salem immediately after the last verdict was given. I have no doubt the Judge has in some way reserved the cases for the whole court.

I have been so engaged that I have not had time to read Mr. Clay's letter; but I have been told by several who have read it that it is entirely conclusive, and that it cannot fail to produce extensive effects.

The prospect is now favorable for our spring elections. There will be greater exertions and excitement than we have experienced for many years.

I shall be very desirous of hearing occasionally how you and (311) Mrs. Webster are. Mrs. Mason joins me in affectionate regards to her and yourself.

I am, my dear Sir, most sincerely yours,

J. MASON.

JEREMIAH MASON TO DANIEL WEBSTER.

PORTSMOUTH, January 27, 1828.

MY DEAR FRIEND, Your two letters from New York prepared us to expect what has happened. We most sincerely sympathize with you in this event, in all its bearings and aspects, so melancholy and so distressing. I know of no occasion on which I have seen Mrs. Mason

more deeply affected. Without perhaps fully appreciating their extent, I know your sufferings have been, and still are, excessive. You have all the consolation that the sympathy of friends and universal condolence can give. But my knowledge of you my dear sir, forbids the hope of much relief or benefit from this source. Your consolation must come from a higher source. Your relief in this great calamity rests with yourself and your God, and there I confidently trust you will find it. This is one of those events which strikingly illustrates the vanity of human expectations and the imbecility of all human power.

Mr. Ticknor in a letter of yesterday, says he understands your intention to be to return to Washington in eight or ten days. This, it seems to me, ought to depend entirely on your own feelings and the condition of your health. I learn from Mr. T. that your business at the Supreme Court will not be permitted to be on you at this term. This I had anticipated. We know nothing of the arrangements you have made or think of making for your children this winter. We understand they are now with you at Mr. Blake's. Mrs. Mason desires me to say to you that in case you can form no plan for taking care of them more satisfactorily, she will most willingly take charge of the two youngest till your return from Washington next spring. She is aware of the nature of the trust she offers to assume (312) and will of course execute it with all possible care. If this arrangement appears to you preferable to any other you can make, I request you will assent to it without fear or any apprehended trouble to us. For be assured, my dear Sir, Mrs. Mason will undertake it most cheerfully. When I first heard of your being at Boston, I thought of going there to see you, but I fear I shall not be able. A violent snow-storm is now raging, and it now is impossible to foresee how it will leave the travelling. I am likewise at this time much pressed with engagements for the winter session of our Supreme Court which commences at Dover the first of next week.

Mrs. Mason desires her most affectionate regards to you.

I am, my dear Sir, most faithfully yours,

J. MASON.

JEREMIAH MASON TO JOSEPH STORY.

PORTSMOUTH, February 16, 1828.

MY DEAR SIR, I have read your memoir of Chief Justice Marshall, in the "North American Review," with great pleasure. It is always a difficult task to recount the merits of an eminent man while living, and do him only tolerable justice, without incurring the danger of the accusation of adulation. Your undertaking was rendered more delicate by reason of your connection with and known high regard for the Chief Justice. I think you have succeeded, as far as you have gone, admirably well. You have certainly done right in giving a concise sketch of his life, and leaving his actions to speak his praise, without any attempt at lauding, which, under existing circumstances, would in you have been unbecoming. In one particular, I wish the memoir had been more dilated and full. I mean his great opinions on the construction of the Constitution of the United States. I am aware of the difficulty you would be under in entering at large into the merits of this labor, in which you have yourself so largely participated. These opinions constitute the stronghold for the Chief Justice's fame, and must sustain it (313) while the Constitution of the coun

40

try remains. The decisions on the construction of the Constitution, on the various points which have arisen in the Supreme Court, have done vastly more for the stability and permanency of our system of government, than the present generation is aware of. The principles involved in those decisions are constantly developing themselves with increased importance. If our constitutions ever get to definite and wellsettled constructions, it must be chiefly effected by judicial tribunals. All experience, past and present, shows that much is not to be expected from legislative bodies. Hence the vast importance that the early decisions of the Supreme Court should be rested on principles that can never be shaken. Since I parted with you at Salem, I have been almost constantly engaged in courts. I have been again at Salem on the Argonaut, and obtained another verdict. The last verdict was substantially on the same grounds with the preceding one. I expected the defendants would have submitted, and believe that was their intention at the close of the trial. But from their not having disposed of the ship, I incline to think they intend to try their chance with the whole