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One And Inseparable: The Union And Deliberative Conduct In Webster's "Reply To Hayne.", James M. Farrell Jan 2014

One And Inseparable: The Union And Deliberative Conduct In Webster's "Reply To Hayne.", James M. Farrell

Communication

In Daniel Webster's view, the survival of the Union required not only an orator who could defend the Constitution as he did against Robert Hayne, but one who could embody the spirit of the constitution in deliberative performance. Webster uses his performance in debate not only to assail his opponent, defend New England, and expound on the Constitution, but further to demonstrate with his own oratory the abiding value of decorum, prudence, and eloquence in the national life. Webster becomes the ideal of deliberative performance as he contrasts his own conduct in debate with that of his Southern opponent. Webster’s …


The Child Independence Is Born: James Otis And Writs Of Assistance, James M. Farrell Jan 2014

The Child Independence Is Born: James Otis And Writs Of Assistance, James M. Farrell

Communication

This chapter is a reexamination of the Writs of Assistance speech by James Otis. In particular, it is a reconsideration of the evidence upon which rests the historical reputation of Otis’s address. Are the claims by historians who credit Otis with sparking the Revolutionary movement in colonial America warranted or not? That reassessment begins with a detailed review of the nature and function of writs of assistance within the political, legal, and economic environment of colonial Massachusetts. It then turns to an analysis of the legal dispute over writs of assistance in the 1761 trial. From there we will reconstruct …