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Home < General Information < History < A Few New Hampshire Notables Daniel Webster
Daniel Webster lived in his home state of New Hampshire for eleven years after he began the practice of law. When he left for Massachusetts in 1816 he was considered a leading counselor and advocate at the bar. He had received acclaim as a political writer and speaker, and had performed admirably as a member of the national legislature." Within four years of his move to Massachusetts Webster brought the famous Dartmouth College case before the Supreme Court. In that time frame, Webster also brought another case to the Supreme Court of Massachusetts, took part in the Massachusetts Constitutional Convention, and delivered an outstanding oration at Plymouth. Webster's earliest work was his most brilliant. It is suggested by his biographers that he became somewhat jaded after years of public notice. As he aged he required some special motivation or a noble theme to incite his best efforts. He had no desire to use his talent for petty causes. Webster was an accomplished advocate, constitutional lawyer, statesman, and orator. He worked with speed and intensity. On his farms at Marshfield and Franklin, he enjoyed the relaxation of the ocean and the mountains, of the rod and the gun. He used to love to declare his oxen "better company than the United States Senate." Daniel Webster's name appears on the rolls of Doctors of Law at Princeton, Dartmouth, and Harvard. Levi Woodbury
Woodbury practiced law in Francestown and Portsmouth and became politically involved in the War of 1812 as an advocate of President Madison's policy. Woodbury was appointed associate justice of the state superior court in 1817 by Gov. William Plumer, a friend. Woodbury was elected governor himself in 1823. He was Speaker of the House in the state legislature in 1825. He was then chosen to be a United States Senator for the next six years. Woodbury was elected to the state Senate in 1831, but in May was appointed Secretary of the Navy. He became Secretary of the Treasury under President Jackson in 1834 after a strong stand against the Bank of the United States. Woodbury was responsible for many fiscal decisions which benefitted public investors and banks. He tried to convince Congress to use surplus funds for public works. He also attempted to popularize the use of hard money. He retired from office when President Van Buren came to power in 1940. Woodbury came out of retirement and was elected to the United States Senate in 1841.
After declining an appointment as Minister to Great Britain, Levi Woodbury was nominated by President Polk for the Supreme Court. Levi Woodbury was one of five Supreme Court Justices from New Hampshire. He took his oath of office in the Circuit Court in New Hampshire before Clerk John L. Hayes on September 23, 1845. It reads,
In his capacity as Supreme Court Justice, Woodbury sat in the Circuit Court of New Hampshire from 1845 to 1851. Justice Woodbury was a calm, self-possessed, courageous man, in politics a party man and strict-constructionist. For instance, he was opposed to slavery, but believed the laws protecting the institution of slavery must be upheld until they were changed. Woodbury was a very progressive thinker and speaker. He was an advocate of normal training for teachers, systematic physical education, free public schools, more education for girls, museums designed to educate adults, widespread, simplified educational literature, greater access to information on new inventions, and a more scientific approach to agriculture, all of which were novel ideas for his time. Justice Levi Woodbury died in Portsmouth, New Hampshire, on September 4, 1851. Nathan Clifford
Nathan Clifford was very aware of his lack of higher education and this made him a more careful and painstaking student. This care, coupled with a strong willingness to work, developed in him the ability to formulate and defend the philosophies of Jacksonian democracy. Clifford entered politics in Maine in 1830 and was elected to the state legislature, staying there for four terms. In 1834 he became the Attorney General for Maine as a reward for his services to the Democratic party. From 1838 to 1843 he was a representative in the United States House of Representatives. In 1846 Nathan Clifford was appointed Attorney General of the United States by President Polk. Clifford was apparently very nervous about being Attorney General. He was to perform his first official act, a trial, in front of the Supreme Court. A few days before the trial was due to begin, Clifford handed President Polk his resignation. Polk wrote the following in his diary, "I told him if he resigned now it would be assumed by his political opponents that he was not qualified and would ruin him as a public man." Clifford took Polk's advice and withdrew his resignation. He won his first case before the Supreme Court. This proved to everyone, including himself, that he was qualified be Attorney General. Throughout his term as Attorney General, Clifford was closely involved in policy decision and execution concerning the Mexican War, and went on a diplomatic mission to Mexico at the close of the war to ensure the ratification of the peace treaty and helped establish peaceful relations between the two countries. Clifford stayed in Mexico until the Democrats lost the presidential elections and the Whigs, now in power, recalled him to the United States. Clifford was appointed to the Supreme Court in 1858. He was confirmed by a narrow margin of 26 votes to 23 in the Senate. Senators were hesitant about placing a pro-slavery Democrat on the Supreme Court. His specialties were commercial and maritime law, Mexican land grants, and procedure and practice. Justice Clifford was assigned to the first circuit, and sat on the bench in New Hampshire extensively from 1858 through 1874. James Bradbury describes the conditions Justice Clifford encountered while hearing cases in the first circuit as follows.
Though he rarely declared any legal philosophy about the Constitution, Justice Clifford believed in a sharp dividing line between federal and state authority. His major constitutional contribution may have been his dissent in Loan Association vs. Topeka (20 Wallace 655) in which he set aside "natural law," or any ground other than clear constitutional provision, from the court's reasoning in striking down legislative acts. Justice Clifford's opinions were comprehensive essays on law. They were cited as authorities by other courts. Justice Clifford wrote the opinion of the Supreme Court in 398 cases. As the Senior Associate, Justice Nathan Clifford was asked to take the lead on numerous occasions in which the court lacked a Chief, though he was never himself to become Chief Justice. Justice Clifford attempted to retain his seat on the Court even after an apoplectic stroke in order to prevent an opposition party President from having the opportunity to appoint his successor. After a year of invalidism, Justice Clifford died on July 25, 1881. Franklin Pierce
His first case resulted in failure and this led him to declare, "I will try causes, and I will win them yet. The next case I have I will try, and if I lose it, the next after it, and so on as long as anyone will intrust me with their cases, if I lose them every one." This led him to devote himself to the study of the skills necessary to successfully try cases. Pierce spent a great deal of time and energy improving his speaking voice and his style of presentation, honing the skills that would make him eloquent beyond compare.
Pierce was fond of using a tactic which is almost mandatory in the practice of law today. As Charles Bell recounts, He believed that no person should be called to the stand to testify until his knowledge had been verified by personal examination by counsel, and he was in the habit of repeatedly putting his witnesses through their statements, until they were proof against attack or surprise. He was a practical trial lawyer, without ambition to engage in scholarly legal debates as long as he grasped the information he needed to try the cases he had at hand. Franklin Pierce was Hillsborough's representative in the State Legislature, was twice a United States Congressman, and was elected to the Senate, a post from which he resigned after five years. He was also United States Attorney for New Hampshire. Lorenzo Dow, a famous evangelist, predicted "that [Pierce] would become a distinguished soldier, would live in the White House, and would die a preacher." Pierce was a general in the Mexican War and the fourteenth President of the United States. Pierce was well loved and respected by his friends and associates. He was noted for his ease of manner and an exceptionally good temper. George Weston AndersonGeorge Anderson was born in Acworth, New Hampshire on September 1, 1861. He began teaching in public schools when he was seventeen years old and used the money to support himself through Kimbell Union Academy, New Hampshire, and Cushing Academy, Massachusetts. He attended Williams College where he performed considerable literary work and engaged in debates. He graduated with honors in 1886. Anderson graduated from Boston University Law School summa cum laude in 1890 and practiced in a partnership in Boston for six years and then as a sole practitioner. He was an instructor at Boston University law school for three years and a member of the Boston school committee for six years (1894-1900). He was appointed United States District Attorney for Massachusetts in 1914. George Anderson was also a member of the Commerce Commission from 1917-1918. He received an appointment in 1918 to the First Circuit Court of Appeals. Judge Anderson was a trustee of the World Peace Foundation, the Charlesbank Homes, and Cushing Academy. He was involved in innumerable clubs and organizations and was twice married. George Hutchins Bingham
Judge Bingham was appointed an Associate Justice of the New Hampshire Supreme Court in 1902. He declined a nomination for Governor 1908. In 1913, Judge Bingham was appointed by Woodrow Wilson to the United States Circuit Court of Appeals for the First Circuit; he retired in 1939. He was a member of the board for New Hampshire State College and a director of Merchants National Bank of Manchester. He enjoyed playing tennis and fishing. David H. Souter
David Souter has served the state of New Hampshire in the legal profession since his graduation from Harvard Law School. He was an associate at Orr and Reno from 1966 to 1968 and was then appointed to public service as Assistant Attorney General in 1968. He became Deputy Attorney General in 1971 and Attorney General in 1976. Souter was appointed Associate Justice of the New Hampshire Superior Court in 1978 and Associate Justice of the New Hampshire Supreme Court in 1983. He was appointed to the United States Court of Appeals for the First Circuit and was sworn in on May 25, 1990 in the Cleveland Federal Building in Concord. On July 23, 1990, Justice Souter was nominated by President George Bush to the Supreme Court of the United States. He was confirmed by the senate and sworn in on October 8, 1990 as the 105th Justice. Justice David Souter has been a member and president of the Concord Hospital Board of Trustees, a New Hampshire Historical Society Trustee, a member of the Dartmouth Medical School Board of Overseers, a member of the National Association of Attorneys General, the New Hampshire Bar Association, and the American Bar Association.
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