1340 LIBRARY OF CONGRESS DDDDSba^DHT ^S O -• "ViAi — y .0^ > • « « ' 5^,^ ^^ .^^ % ^^P* y ^^ WW^' / ^^^ 1 J^^o \ J> *.^^^* ^^ A^ ^Md- \ <.^ ' „^" ... % ^'* .<^ <*. ^^ .To '• ,^^^ -o^ '^-^^ ^0^ \ % .To • ,, I / c//«W-/'^^ ' ^^^ ^'^ D ^,^ T' [SECOND EDITION, REVISED.] BIOGRAPHY OF HENRY CLAY. BY GEORGE D. PRENTICE. Nc^-Yarfe : rUBLlSHED BY JOHN JAY PHELPS. 1S31. 2, Diilrict of Cotinpctirut. si*. BE IT UEMEMBERED, That on the fourth day of December, in the lifly-llfth year of the indepemience of ihe United Suites of America, 5=amuel |[aiiiner, Jr. and John Jay Phelps, of the said district, have deposited in thia oiflce tiie title of a bo»d hv rue, cHAULK.s A. in(;i:ii.soLl, Clerk of t/te DLili id itf djuntcUcut PREFACE I SHOULD be blind inJeeJ to the present state of r^blick feeling, net to be aware, that, in presenting this volume to the pnblick, 1 an. exposing my name, humble as it is, to much obloquy. This, however, is a matter of Uttle consequence. I have guarded myself against the more disa- greeable effects of abuse, by endeavouring not to desene it. My mo- tives are .ood ; and hence I am willing that the breath of i>olitic^ ma- lice shoukl, like the wind, "blow where it listeth,'|^and 1 shall not stop to inquire '= whence it cometh or whither it goeth." The publick are perhaps apprized, that most of the following pages have been prepared at Lexington, near the residence of Mr. Clay. From this circumstance, I deem it proper to say, that Mr. C. is, m no degree, responsible for the manner or matter of a single paragraph m the volume. I have often had the pleasure of meeting him m society, but I am confident that he has communicated to me far less informa- tion, with regard to himself, than he would naturally have done, liad he not known that I was preparing a sketch of his life. Some month, ago, my Publishers applied to him, by letter, to know whether he was JiUin.^ that his Biography should be given to the world. In his answer, he staled, that, as his acts were before his fellow-citizens, he could pro- perly exercise no censorship or control over the comments, either of friends or enenues ; but, that he must frankly acknowledge the repug- nance of his own private feelings to the contemplated publication. Had I read this answer in season, I should have remained in New- England. PREFACE. For many of the unperfe.-tions of this volume, th.^ intoIli<^'cnt reader will require no apology. During the greater part of uiy stay in Ken- Uicky, I have been unable, from indisposition, to endure the labour of writing ; and hence, when ray health has permitted, I have necessarily written with a degree of haste wholly inconsistent with the care and attention which, under other circumstances, I should certainly have be- stowed upon my work. The necessity of sending the manuscript to New-England, sheet by sheet, without even allowing myself time to preserve copies of it, has undoubtedly led l< some errors of plan and ar rangoment. The same necessity, together with that of limiting the vo- lume to a given number of pages, has compelled me to omit several im portant incidents in the more recent portion of Mr. Clay's history. I am not unaware, that the written history of a man, whose life ex- hibits no adventures, save iho.^e of an intellectual character, is seldom read with that enthusiasm, which is generally called forth by the story even of a second rate cliieftain. The reading community are more fond of tracing the progress of action than of thought, although the latter is the source of the former. Th. y can ir^ze with rapture upon the beauty Oi- magniijcence of the stream, without caring to understand the myste- ries of tlie power by which the fountain-wave is cast up from its secret home. The achievements of the great intelligences of the age are too Kttle regarded. If mankind would be careful to trace the mental histo- ries of the mighty ones of the earth ; if they would but mark the gra- dual unfolding of the principles, the powers, and the passions, of those great master spirits, that givo form and pressure to the ages in wliich they hve j each generation would be furnished with an amount of moral power, by which it might elevate itself into a noblersphere of being;, and leave behind it a long tmin of glory for the illumination of f>ostority Henry Clay ia such a man — one, whose moral and mental history should be regarded as a portion of the common riches of the human rare — one of those noble-minded existences, from whom the world's happiness and glory arc yet to spring ; and there is more profit in scanning the mind of such a being — in marking the origin^ the combi- nation, and the development of its powertul elements — than incontem* PREFACE. .y plating the successes of all the military conquerors, from Alexander to Napoleon. I have already been freely charged with undertaking the Biogrophy of Henry Clay, with a view to influence an approaching political elec- tion. That I have formed my opinions on the subject of that electica is certainly true. That I wish, by every honourable means, to diffuse those opinions, is equally true; and if this sketch of what Mr. Clay has done— this imperfect detail of his struggles and his triumphs in his country's cause— shall have a tendency to quell the spirit of detraction, that, for years, has been pursuing him with a malice not of this world, the result of my labours will, thus far, be gratifying to my feelings. This is no place for the discussion of political topicks ; yet, I cannct forbear saying, that, if the personal enemies of Henry Clay succeed, to the extent of their present efforts, his achievements and his reward will bear a parallel to those of the Titan, who, for his divine gift to the hu- man race, was doomed to undying agonies. In the following work, I have, when speaking of Mr. Clay's intellect- ual efforts upon the floor of Congress, endeavoured to give, in most cases, a general idea of the arguments by which he sustained his opinions. • I am sensible that I have, in no case, done these arguments justice ; but, perhaps the faint and disfigured copies which I have given, may have the effect to turn the attention of some of my readers to the glorious originals. Whenever attempting an outline of Mr. C.'s arguments, I have used his phraseology or my own, according as I found either the one or the other best adtipted to my purpose. THE AUTHOR. Lexington, Kentucky, November I4th, 1830. I* BIOGRAPHY OF HENRY CLAY. SECTION FIRST. The life of Mr. Clay is so thoroughly interwoven with the civil and political history of the country, that it would be impossible to do full justice to it, without embracing a range of topics and an exactness of detail, that would ex- tend the present volume far beyond the limits which we must necessarily allot to it. During the last twenty years, scarce a single great and salutary measure has been adopt- ed, upon which the signet of his wisdom is not set, and therefore we may well leave to the Nation's future histo- rian the task of furnishing a minute record of his intel- lectual achievements. Our task will be of a less ambitious character. Henry Clay was born in Hanover county, Virginia, on the 12th of April, 1777. His father, a clergyman of considerable talent and high respectability, died while Henry was yet a child. By the kindness of a gentleman in Virginia, we have been furnished with a variety of in- teresting anecdotes in relation to the ancestors of the subject of these memoirs, but we scarce deem it expedient to give them to the publick. We are writing the life of a man, whose fame, whatever it may be, is his own creation, and not an inheritance from his progenitors. His claims to BIOGRAPHY OF distinction are rested on something better than a penny s worth of ribbon transmitted from generation to generation— the ho-ht which hovers around his name, is something more glorious than the phosphorick ray, that gleams from amid the bones of a buried ancestry. At an early age, Henry Clay, having obtained a com- mon-school education, was placed in the office of Mr. Tinsley, Clerk of the High Court of Chancery, at Rich- mond Virginia. In this situation, he met occasionally with 'the distinguished men of the State, and, at length by his amiable deportment, and his striking displays of intellect, attracted the attention and gained the friendship of Chancellor Wythe and Governor Brooke, who, by their joint advice, persuaded him, at the age of nmeteen, to undertake the study of the law. For this study he- seemed peculiarly fitted, both by genius and inclination,. and so assiduous was he in his application to it, that, at the age of twenty, he was admitted to practice. Soon af^ lerward he went to Lexington, Kentucky, but, instead of entering immediately upon his professional career, still con- fined himself to his legal studies, with the determination of making himself thoroughly master of the great principles of law, before he assumed the responsibility of pmctice. Up to this period, he had never made an eifort at publick speaking, and was wholly unconscious of his own oratori- cal powers, although it is said, that his style oi con- versation was universally adrmred by his associates, for its extreme correctness and elegance. The first display of his powers of extemporaneous eloquence was made under pecu- liar circumstances. Soon after his removal to Lexington, he joined a Debating Society in that ilace, but contmued, lor some weeks, to attend its meetings, without ofiTering to lake part in its discussions. On one occasion, however, when the vote on an interesting questia which had been HENRY CLAY. 9 the subject of debate, was about to be taken, Mr. Ciay remarked, in a low but audible whisper, that the subject did not appear to him to have been exhausted. This re- mark was overheard by several of the members, who, from their hig-h opinion of his powers, had long wished to persunde him to participate in the debates of the Societ3', and they addressed the Chairman simultaneously — '' Do not put the question yet — Mr. Clay will speak.'" The attention of the Society was now, of course^ directed to Mr. Clay, who, not having- sufficient confidence to resist the appeal, arose under extraordinary embarrassment, and commenced his speech, by saying — '■'■Gentlemen of the Jury'!'' The members of the Society, all of whom were his personal friends, were luiwilling to increase his agita- tion by seeming to take notice of his mistake, and he repeated it several times in a stammering tone, till, at length, he gradually gained confidence from his own ef- forts, and finally, concentrating all his vigorous and dis- ciplined powers upon the subject in debate, he surprised his audience with a beauty and compass of voice, an exu- berance of eloquence, and a force of argument, well wor- thy of a veteran Orator. A gentleman who heard this speech, has assured us, that it would hardly suffer in com- parison with those brilliant efforts of its author, which have since thrilled like a voice of salvation throusrh the country. It is scarcely necessary to add, that his reputa- tion as a speaker was at once established, and that he immediately became a leading champion in all the de- bates of the Society. The circumstances attending the first speech of Mr. Clay, and that of Mr. Burke, were strikingly similar. We have somewhere read, that the latter orator, like the former, gained in a Debating So- ciety the first knowledge of his own vast powers, and was there first visited by visions of coming glory. 10 BIOGRAPHY OF A fe-% months after the incident above mentioned, Mr. Clay was admitted as a Practitioner before the Fayette Court of Quarter Sessions, a court of general jurisdiction. His experience, while with the clerk of the Richmond Court of Chancery, had acquainted him ■with the routine of business, and, during the first term, he obtained an extensive practice. The Lexington Bar, at this time, was the ablest that had ever been in Kentuck}-, consisting of George Nicholas, John Breckenridge, James Brown, James Hughes, William Murray, and several other gentlemen, either of whom would have been the leading attorney in almost anj' other place. Notwith- standing the number, experience, and strength of these com- petitors, Mr. Clay soon came to be entrusted with more suits than any rival practitioner, and was more success- ful in the management of them. It is said of him, that, although he was frequently called on to address the Court with but little time for preparation, he always understood his causes well, his strength of mind and perspicuity of judgement being such as to enable him to comprehend them at a glance. We have heard much in relation to his early professional efforts. They are well remembered "by his fellow citizens, from whom we learn, that he was universally regarded as a powerful spirit,, destined, in tho meridian of life, to take his place arnon^ the leading intel- ligences of the age. He certainly possessed, in a remarka- ble degree, those qualities and powers of mind, which fitted him for success in his legal practice.. He always seemed to discover, as if by intuition, the pecidiar character of every man with whom he came in contact. He would read it in the eye, and in the flitting expression of countenance, and this power, esipeciall}' when he wa.^ called on to address a Jury, enabled him almost invariably to triumph. By watching with the instinctive keenness- HENRY CLAV. 11 of his vision the vibration of the master-chord in each man's bosom, he knew when to confine himself to severe argument, when to indulge in the playfulness of humour, when to wither his victim with the scorchmg blast of his indignation, and when to pour his whole soul abroad in a rushing tide of eloquence ; and if, at any time, he chanced to excite an unfavourable prejudice on the part of his hearers, he would perceive it on the instant, and dex- terously change his subject, or his mode of treating it, until he read in their countenances the proofs of his success. The consequence was, he scarcely ever failed of gaining the verdict of a Jury. This intuitive knowledge of character is undoubtedly one of the means by which he has so generally through life secured the attachment of his associates. Probably he has more personal friends — more friends, who, in the fullness of their enthusiastick love, would almost shed their blood for him, than any other man in the United States. This fact is, in part, owing to the manliness and ingenuousness of his character, but it must also be partially ascribed to that unerring cer» tainty with which he reads the thoughts, habits, and feel- ings of those who approach him, and the skill and delica- cy with which he adapts himself to their peculiarities. Mr. Clay, though well acquainted with the law during the early years of his practice, was not, in this respect, distinguished beyond some of his competitors. In legal science he had several formidable rivals, but, in eloquence and persuasion, none. Though capable of analyzing the most difficult questions, and applying the abstract princi- ples of law with extreme ingenuity and force, his genius was still better adapted to discussions, in which the na- tural powers of intellect were principally called into ex- ercise. Whenever the subject of debate admitted of being brought within the range of reason, and his mind was al- 12 BIOGRAPHY OF lowed to break away from the technicalities and arbitra- ry forms of law, he never failed to excite admiration and surprise by the closeness and cogency of his reasonings, the boldness and originality of his cpnceptions, and the sublime strength of his language — sometimes pursuing, by the hour, an unbroken chain of metaphysical disquisi- tion, and then giving utterance to a gush of magnificent thoughts, like the bursting forth of an imprisoned foun- tain. It is, by no means, rare, that the greatest minds are not those which are most conversant with the trifling de- tails of legal decisions. Genius delights in open space. It is the Eagle, that dashes freely abroad through sun and storm, and not the Canary, that is content to nibble at its narrow cage in the parlour window. Mr. Clay had not been long in practice, when he was employed to defend Mrs. Phelps, a woman indicted for murder. Up to the time of this trial, it had been doubted by some, whether his powers as an advocate were not overrated by a too partial public. It had been some- times suggested, that the youthful stranger caught the eye and charmed the ear by the fascination of his manner and the melody of his voice, rather than convinced the understanding by the profundity and force of his argu- ments ; but all controversy upon this point was now to be put forever to rest. Mrs. Phelps was the wife of a respectable farmer, and was herself respected, both on ac- count of the general correctness of her deportment, and the good character of the family from which she was de- scended. Her victim was a Miss Phelps, a beautiful and amiable young lady, and the sister of her husband. It seems, that Mrs. P., while in her husband's house, taking some offence at her sister-in-law, seized a gun and shot her instantly through the heart. The poor girl had orAy time to exclaim, ''Sister, you have killed me," and ex- HENRY CLAY. 13 pired. This case excited the intensest sympathy for the husband of the accused, and gave rise to a thousand spe- culations as to the nature and extent of the crime. When the trial came on, the Court-House was crowded to over- flowing, and the interest of the spectators was eloquently expressed by the anxiety of their countenances, and the deep hush that pervaded the hall. The fact of guilt on the part of the defendant could not be contested. The act, for which she stood indicted, had been committed in the presence of several witnesses, and of course, the only question was, to what class of crimes the offence be- longed. If it were pronounced murder of the first degree the life of the wretched prisoner would be the forfeit, hU if manslaughter, she would merely be punished by con- finement in the gaol or penitentiary. The legal contest was long and able. The efforts of the counsel for the prosecution were such as might have been expected from a powerful and learned man engaged in a case of deep and general interest : yet Mr. Clay not only succeeded in saving the life of his client, but excited in her behalf such intense pity and compassion, by his moving eloquence^ that her punishment was mitigated to the lowest de- gree permitted by the law. In the management of this case, Mr. C. convinced his fellow citizens, that he was not only profoundly versed in the criminal laws of his coun- try, but that he was skilled in the science of human nature, and knew the home of every weakness and passion. Another criminal case, in which Mr. Clay was engaged shortly afterward, is said to have been scarcely less inte- resting. It was tried in Harrison County. Two Ger- mans, father and son, had been indicted for murder, and Mr. C. was employed to defend them. The deed of killing was proved to the entire satisfaction of the Court, and was considered an ags;ravated murder. The whole of 2 14 BIOGRAPHY OP Mr. C.'s efforts were consequently directed, not to the entire exculpation of the defendants, but to the saving of their lives. After a warm and unintermitted struggle of five days, he succeeded. The Jury found a verdict of manslaughter. Not satisfied with this signal triumph, Mr. C. moved an arrest of judgement, and, after another day's contest, prevailed in this also, and, of course, the prisoners were discharged, without even the punishment of the crime of which the Jury had found them guilty. During the whole of this long trial, an old, ill-favoured German female, who was the wife of the elder prisoner and the mother of the younger, had been sitting in one unvaried posture, watching the countenances of the Jury, and listening to the spirited contest of the counsel, though she probably understood little of the language in which it was conducted. After the success of the final motion for an arrest of judgement, a gentleman, who had been observing her, approached where she sat, and whispered in her ear, that her husband and son were acquitted. Her sudden rapture broke over all restraint. She threw up her arms in a wild excess of joy, and ran to Mr. Clay, and, clinging with d^ ^erate strength to his neck, almost smothered him with >-^r kisses. The young advocate, no doubt, would wuiingly have dis- pensed with these tokens of female favour ; but the hearts of the spectators were so touched and purified by the con- templation of the happiness they witnessed, that, if a smile rested for one moment upon the lip, it was a smile, not of derision, but of sympathy and kindred joy. Whilst we were making inquiries in relation to the cases in which Mi. Clay distinguished himself, during the early i)art of his legal practice, we were, several times, referred to that of a Mr. Willis, a citizen of Fay- ette County, who, as was supposed, had committed a mur- HENRY CLAY. 15 der, under circumstances of peculiar cruelty and cold- bloodedness. From representations made previous to the trial, Mr. C. consented to undertake his defence, and, hy a mighty effort, succeeded, in almost direct defiance of testi- mony, in creating a division of the Jury as to the na- ture of the defendant's crime. This was the object at which he specifically aimed. At the next session of the Court, the Attorney for the Commonwealth moved for a venire 'facias de novo, in other words, a new trial, which was granted by the Court. Mr. Clay made no opposition to this motion, but reserved all his strength for the argument before the Jury. Wlien his turn came for addressing them, in reply to the arguments of the At- torney for the Commonwealth, he rose, and commenced with assuming the position, that, whatever opinion the Jury might have of the guilt or innocence of the prisoner, it was too late to convict him, for he had been once tried, and the law required, that no man should be put twice in jeopardy for the same offence. The Court was startled at this assumption, and peremptorily prohibited the speaker from proceeding in the argument to maintain it. Mr. Clay drew hi?^'--3lf proudly up, and remarking, that, if he was not to bf dlowed to argue the whole case to the Jury, he could have nothing more to say, made a formal bow to the Court, put his books into his green bag, and, with Roman dignity, left the hall, followed by his asso- ciate counsel. The consequence was as he had fore- seen. He had not been at his lodgings more than five or ten minutes, when he was waited on by a messenger from the Court, requesting his return, and assuring him, that he should be permitted to argue the case in his own way. Instantly he made his re-appearance in the Hall, pressed, with the utmost vehemence, the point he had before at- tempted to establish, and, on the ground that his client 16 BIOGRAPHY OF had once been tried, prevailed on the Jury to give him his h'berty, without any reference whatever to the testimony against him. Such a decision could not now be obtained in Kentucky, and, at the period in question, was obviously contrary to law. We have found, from an examination of the court records, in Fayette and the neighbouring counties, that, in trials for capital crimes, Mr. Clay was almost uniform- ly the advocate of the defendant. We know* but one exception, and this grew out of his public relations. It appears, that he had made an eifort to procure the office of prosecuting attorney for one of his friends. The Court, however, would not give it to this friend, but were willing to confer it on Mr. Clay himself. The latter felt a strong repugnance to the appointment, but consented to accept it, from a belief, which afterwards proved correct, that he should be able to transfer it to his friend in a short time. While in the discharge of the official duties of this station, he appeared at the bar against a man ac- cused of a capital offence. The defendant was a negro slave — a proud and faithful servant — and one, who had never been accustomed to the degradation of corporeal chastisement. During a temporary absence of his master, however, he was placed under the charge of a young and passionate overseer, who, for some slight or imaginary offence, struck him rudely with a horse-whip. The spirit of the slave was instantly roused, and, seizing a weapon that was near him, he laid his overseer dead upon the spot. This offence, if the perpetrator had been a white man, would have been so clearly a case of manslaughter, that the counsel for the prosecution would have contended for nothing more. It had all the distinguishing characteris- ticks of manslauc^hter, havinir been committed in a mo- ment of sudden exasperation, and without the shadow HENRY CLAY. . 17 of previous malice. The negro, however, stood indicted for murder, and it belonged to Mr. Clay, as v.ounsel for the Commonwealth, to sustain, if possible, the nidictment. In order to this, he contended, in a long, sulitle, and elabo- rate argument, that, although a white man, who, in a fit of rage on account of personal chastisement killed his assailant, woidd be guilty of manslaughter and not mur- der, a slave could plead no such mitigation of a similar offence, inasmuch as it was the dui't/ of slaves to submit to punishment. We have not a doubt, that this argument was directly opposed to the true spirit of the law\ Per- haps a slave is bound by law to submit to chastisement — ^but does not the law require a white man to submit to the same thing, rather than take life ? Certainly. Even manslaughter is punishable with imprisonment. The par- ticular law, which distinguishes manslaughter from mur- der^ has no reference to the duties of the offender, but has its whole foundation in the indulgence, which has been thought due to those weaknesses and passions of human nature, which lead to the violation of duties. Every man, who, in a moment of excitement, takes life to revenge a personal indignitj'', is guilty of a wrong — the 'w^hite man no less than the slave. The law of man- f^laughter inquires only as to the fact of the existence of the excitement at the time the deed is perpetrated — and its provisions are as valid in behalf of the slave, as of nny other member of the community, unless it can be shown, that the endurance of the wrongs and miseries of slavery annihilates the darker passions, instead of fos- tering and unchaining them, in all their wildness and strength. IVIr. Clay was successful in his argument, not- withstanding the invalidity of his positions. By Ids strong and plausible reasonings, and the exuberance and felicity of his illustrations, he wrought so completely ujxm 2* 18 BIOGRAPHY OF the minds of the Jury, that the prisoner was convicted of murder, and sentenced to death. Soon afterward, he was borne to the place of execution, and the pride of spirit and character, which he there displayed, is said to have been worthy of a Roman patriot. Being asked, whether he was anxious that his life should be spared — "No!" said he, sternly, " I would not live a day longer, unless in the enjoyment of liberty." Mr. Clay was not a wit- ness of the execution, but we have heard him remark, that he regretted the part he had taken in procuring the conviction of this poor slave, more than any other act of his professional life. It is indeed a remarkable fact, that, notwithstanding the immense number of capital cases, which Mr. Clay has defended, not one of his clients was ever sentenced to death. We do not believe, that the history of any other advocate, either livmg or dead, can exhibit such a series of splendid triumphs. The state of society that existed in Kentucky, some years ago, is well known. Murders were of frequent occurrence, and, as a natural consequence, Mr. C. was almost constantly engaged in defending the accused. From his uninterrupted success, it will readily be inferred, that, whenever those who were indicted for murder were so fortunate as to engage his professional services, they felt that their lives were safe. Such was indeed the case — but Mr. C. would not consent to under- take the defence of all prisoners indiscriminatel3^ It is said of him, that he never, in a single instance, consented to appear in behalf of a man charged with a capital crime, unless he either believed the charge to be unfound- ed, or discovered in the crime some little palliating cir- cumstance, which enlisted his benevolent sympathies. Such indeed is the ardour of his temperament, that, when- ever he had once enlisted for a client, his feelings con HENRY CLAY. 1& tinned deeply and thrillingly interested, whatever facts might be developed in the progress of the trial. He has often been heard to say, that he was never engaged in conducting any defence, where he would not gladly have given up the last cent of his fee, if, by so doing, he could have advanced, in the slightest degree, the interests of his client's cause. Although Mr. Clay was peculiarly distinguished for his skilful management of criminal causes, his success in civil suits was scarcely less signal. In suits that in- volved the land laws of Virginia and Kentucky, he had no rival. — But it would be in vain to attempt even an enumeration of the cases, in which, during the early years of his practice, he gathered a rich harvest of gold and fame. In a short biographical sketch, that was given of him about three years ago, we find mention of an inci- dent in his professional life, which was certainly a stri- king illustration of the rapidity of his intellectual combi- nations, and his power of seizing upon the strong points of a case intuitively. We give it as a single specimen of what he could do. In conjunction with another attor- ney of eminence, whose name we have forgotten, he was employed to argue, in the Fayette Circuit Court, a question of great difficulty — one, in which the interests of the liti- gant parties were deeply involved. At the opening of the Court, something occurred to call him away, and the whole management of the case devolved on his asso- ciate counsel. Two days were spent in discussing the points of law, which were to govern the instructions of the Court to the jury, and, on each of these points, Mr. C.'s colleague was foiled by his antagonist. At the end of the second daj-, Mr. Clay re-entered the Court. He had not heard a word of the testimony, and knew nothing of the course which the discussion had taken, but, after 20 BIOGRAPHY OF holding a very short consultation with his colleaguej he drew up a statement of the form in which he w ished the instructions of the Court to be given to the jur^, and ac- companied his petition with a few observations, so entirely novel and satisfactory, that it was granted without the least hesitation. A corresponding verdict was instantly returned by the jury ; and thus the case, which had been oil the very point of being decided against Mr. Clay's client, was decided in his favour, in less than half an hour after Mr. C. entered the Court-House. HENRY CLAY. 21 SECTION SECOND. The commencement of Mr. Clay's political career may De dated as far back as the year 1797 — a period at which he had scarcely begmi the practice of law. The people of Kentucky were then about to elect a conveniion to frame a new constitution for the state ; and one feature of the plan, which had been submitted to them, was a pro- vision for the final emancipation of the slave population. The strongest prejudices of a majority of the people in every part of the state, were arrayed against this measure, and Mr. C. was aware of the fact, but his sentiments and his feelings were on the side of emancipation ; and, with- out taking a moment's heed to his popularity, he entered into the defence of his favourite policy, with all the deep and unquenchable ardour of his nature. His vigorcits pen was busy in the public journals, and his eloquent voice was raised in almost every assemblage, in favour of the election of men to the convention, who would con- tend for the eradication of slavery. Let it not be sup- posed, that the principles which he essayed to vindicate, were the same that are avowed by certain ill-judging phi- lanthropists of the present day. He did not contend for the abolition of slavery at once, but by a slow and cer- tain process. He did not propose to break suddenly down the barriers of the fearful lake, and let the dark and thun- dering torrent sweep over the country, like the tide of death — but to open an outlet, through which the waters might pass off in silence and safety. The struggle was a fierce one ; but the advocates of slavery prevailed, and the young champion of liberty and equal rights, who had 22 BIOGRAPHY OF made the aristocrats of the land tremble for their ancient prerogatives, became unpopular on account of the part he had acted. The true principles of slavery were not then understood. The idea of emancipation was new. It alarmed the prejudices of the multitude, and Mr. C's. pow- erful vindications of it, were regarded by many, rather as the brilliant but wayward efforts of a young votary of ambition, striving to attract attention by the startling and paradoxical character of his opinions, than as the results of a calm and deliberate conviction of right. This was unquestionably a mistake. His sincerity in opposing ne- gro servitude was manifest from every act of his life — from his professional, no less than from his political exer- tions. Whenever a slave brought an action at law for his liberty, Mr. C. volunteered as his advocate ; and, it is said, that in the whole course of his practice, he never failed to obtain a decision in the slave's favour. A passion for the liberty of mankind seems to have formed, at that early period, a portion of his being, and he has not changed since. He has been the slave's friend through life. In all stations he has pleaded the cause of African freedom, without fear from high or low. To him, more than to any other individual, is to be ascribed that great revolu- tion which has taken place in the public sentiment upon this subject — a revolution, whose wheels must continue to move onward, till they reach the goal of universal free- dom. A conviction of the expediency and necessity of ultimate emancipation, has been spreading farther and farther among our countrymen, and taking deeper and deeper root in their minds, and it requires not the spirit of prophecy to foretell the end. This rapid and continued triumph of the principles, which it was the object of Mr. Clay's first political labours to establish, may well be a HENRY CLAY. ^ source of pride to him, and honest exultation to his friends. The partial unpopularity which Mr. Clay brought upon himself, by his bold and persevering- advocacy of a mea- sure, which the majority of his fellow-citizens considered as tending to the subversion of their most important inte- rests, was not of long duration. In 1798 — 99, the admi- nistration of the general government enacted the famous alien and sedition laws, which the democracy of the country justly regarded as violations of the spirit of the constitution, and flagrant aggressions upon the independ- ence of the people. The spirit, which was thus awa^ kened throughout, the country, too fierce to be quelled till the administration retraced its steps, is still vivid in the memories of the politicians of that period. Kentucky was one of the first states to array herself against the ob- noxious laws, and she kept her attitude, undaunted, to the last. On this occasion, Mr. Clay came forward in defence of the rights of the people; and, notwithstanding his youth and inexperience, and the extraordinary zeal and eloquence of some of the gentlemen who were engaged in the same patriotick cause with himself, he was soon re- garded as one of the master-spirits of his party. The object of his exertions was, at once, worthy of his pow- ers, and adapted to their noblest manifestations. He has been deservedly called " the great commoner." It is in the defence of popular rights, and the indignant denun- ciation of aristocratical tyranny, that his eloquence has been most frequently exerted. A gentleman, who was present at one of the discussions of the alien and sedition laws, informs us, that it would be impossible to give an adequate idea of the effect produced. The populace had assembled in the fields, in the vicinity of Lexington, and were first addressed by Mr. George Nicholas, a distm- 24 BIOGRAPHY OF guished man, and a powerful speaker. The address of Mr. Nicholas was long and vehement; and when he de- scended from his stand, he was greeted bj the most en- thusiastick cheers of the multitude. The name of " Clay" was now shouted from all parts of the assemblage, and the young orator made his appearance. It was a proud day for him. He resumed the subject of governmental usurpation, which had been discussed by Mr. Nicholas, and set it in a new and more strikins; liffht, until indior- nation came like a dark shadow upon every countenance. The flame that burned in his own heart, was caught up and lighted in every other. He ceased — hut there was no shout The feelings of the gathered multitude were too wild and deep for applause; and a low, sullen murmur, rose upon the air, like the ominous tones of the ocean, when "the infant storm is sitting on his dim dark cloud." Mr. William Murray, a man of great worth and popu- larity, though a federalist, and a supporter of the admi- nistration, now attempted to address the people, in reply to Nicholas and Clay. For some time his efforts were in vain ; and he would have been driven from his stand, had not his opponents generously interfered in his behalf He, loo, was a man of strength and eloquence; but now, when his words followed those of Clay and Nicholas, his voice seemed to have lost its spell — it was the quick patter of the rain after the bolt had fallen. Another federalist, whose name we have forgotten, attempted to follow, in support of Mr. Murray — but the people would hear no more. His first words were the signal for a simultaneous rush from all directions toward the spot where he stood; and it was only by a precipitate flight into the country that he escaped being treated with personal indignity. The people now took Clay and Nicholas upon their shoul- ders, and forcing them into a carriage, drew them through KENKY CLAY. 25 the streets, amid shouts of applause. Such an incident in the life of a joung orator, who, as yet, had scarcely attained to the years of manhood, must have made him feel that he had a spirit within him, which might enable him to acquire a fame that would gather freshness from the stream of years, and flourish beautifully over his tomb, like ivy over the ruins of a fallen temple. In 1803, while Mr. Clay and a number of his friends were at the Olympian Springs, in Bath county, there was an election of members of the legislature; and, without Mr. C.'s consent or knowledge, a poll was opened for him in the county of Fayette. At first, his success seemed impossible — several old and distinguished candidates ha- ving already been brought before the electors. During the first and second days he received a very respectable support, but was not, it is believed, in advance of his rivals, who were constantly on the ground, haranguing the people in favour of their respective claims, and insist- ing that Mr. Clay did not wish the office, to which his friends had nominated him. On the evening of the se- cond, or the morning of the third day of the election, Mr. C. himself arrived on the ground. At first he adopted the resolution of taking no part in the contest ; but after listening, for some time, to the electioneering speeches of his competitors, and witnessing the arts of intrigue that were practised to defeat him, his feelings became gradu- ally interested, and he, at length, addressed the electors in person. His remarks were few, but well directed. He told his fellow-freemen that he was, indeed, young and inexperienced, and had neither announced himself as a candidate, nor solicited their votes; but that, as his friends had thought proper to bring forward his name, he waa anxious not to be defeated. He then gave an explanation of his political views, and closed with an ingenuous ap- 3 20 BIOGRAPHY OF peal to the feelings of the people; and such was the effect ])roduced, ttiat his election was subsequently carried, al- most by acclamation. This w^as Mr. C.'s first election to anj office: and when we recollect that it took place in a state where, especially at that period, it was the universal practice of candidates to proclaim their own names and qualifications several weeks previous to the day of trial, and sc^k for support by intrigue, in all its forms of wick- edness and cunning, v/e shall readily conclude that Mr. Clay was regarded, in his own county, as a j^oung man of extraordinary intelligence and political virtue. It is worthy of remark, that the confidence which was thus reposed in him in his earlier years, has never been with- drawn. Whenever his friends have asked an office for him at the hands of the citizens of Fayette, it has been given him by an overwhelming majority. One of the immediate causes of Mr. Clay's election to the office of representative, in 1803, grew out of the state of public feeling in Fayette, on the subject of the Lex- ington Insurance Office. Mr. Felix Grundy, then an in- fluential politician in Kentucky, had given evidence of an intention to procure the repeal of the law incorporatmg the insurance office : and, with a view to this object, was electioneering in the counties south of the Kentucky river. Mr. Clay, being engaged in the practice of law, gave lit- tle attention to Mr. Grundy's movements; but it was well known in Fayette, that he regarded the object of Mr. G. as both inexpedient and unconstitutional. Holding these views, he was selected by the friends of the insurance office as their champion. During the legislative session of ihat year, he easily defeated the attempt that was made to repeal the law of incorporation ; but in the fol- lowing year, 1 804, Mr. Grundy himself obtained a seat in the house, and brought with him a majority of memberiB HENRY GLAY. 27 pledged to support his views. In such a state of things, it was supposed, that argument would be of no avail. The representatives of the people, even if convinced of the impropriety of the repeal, would have no right to act on that conviction. Mr. Clay, however, met Mr. Grundy in the debate, determined, at least, that the character of the measure, which was about to be forced so improperly through the house, should be thoroughly exposed and un- derstood. The only heroes in opposition were Clay and Grundy, both good speakers, and youthful politicians ; and the display of talent by each was so brilliant during the two days of the discussion, that the hall was thronged with spectators, many of whom could obtain no seats ; and the m.embers of the Senate were in almost constant attendance at the house. It was the one great debate of the session. All acknowledged that Grundy had talents, and that he managed the debate with extreme adroitness ; but no one pretended that he was equal to his opponent, either in elocution, political information, logical skill, or extent of mental resources. After finding himself com- pelled to desist from offensive warfare, he tried every ex- pedient to secure a safe escape ; but his eagle-foe pursued him close in all his movements — his sweeps towards earth and his flights towards heaven — and, at last, grappled with him, and held him fast. In the trial of numbers, which followed this encounter, Mr. Grundy's partj^ pre- vailed, as had been foreseen ; but this poor triumph availed nothing. Mr. Clay had so plainly demonstrated the un- constitutionality and impolicy of the measure, against which his efforts were directed, that the members of the Senate, who had been present, reversed the doings of the house without a division, and almost without a discussion, and the insurance company was permitted to retain its charter. 28 BIOGRAPHY OF In the course of the legislative session of 1805, Mr. Claj made an effort to procure the removal of the seat of government from Frankfort ; and his speech on the occa- sion is said to have been an inimitable specimen of argu- ment and humour. Frankfort is peculiar in its appear- ance and situation, being sunk down, like a huge pit, below the surrounding country, and environed by rough and precipitous ledges. '' We have," said Mr. C, " the model of an inverted hat — Frankfort is the body of the hat, and the lands adjacent are the brim. To change the figure, it is Tiaiure^s great penitentiary ; and, if the mem- bers of this house would know the bodily condition of the prisoners, let them look at those poor creatures in the gal- lery." As he said this, he pointed with his finger to half a dozen figures, that chanced, at the moment, to be moving about in the galleries, more like aniiriated skeletons just escaped from the grave-yard, than ordinary specimens of humanity. The objects thus designated, seeing the atten tion of the whole assembly suddenly called to them, and conscious of their own miserable looks, dodged, with the most ludicrous terror, behind the railing, and the assem- bly was thrown into a convulsion of merriment. The members of the house were so well satisfied with Mr. C.'s argument, and so much pleased with his humour, that they readily went with him in voting for the removal of the seat of government ; but it was subsequently found impossible to agree upon a new location, and the legisla- ture still continues to hold its sessions at Frankfort. Mr. C.'s attempts at the humourous were never frequent, but they were usually irresistible ; and although, on such oc- casions, his remarks seemed the mere breaking forth of involuntary hilarity, they were always directed, with philo- sophical skill, to the accomplishment of the object which he had in view. iiEARY CLAY. 29 Hotwithstanding the conspicuous and important part •^-hich Mr. Clay was now acting in the legislature, his professional labours were continued without remission. The two distinct spheres in which he moved, mutually re- llected brightness on each other. His great reputation as a civilian increased his practice at the bar, and his high cha- racter as a lav/jer gave him an additional influence in the legislature. His judicial eloquence retained all its early characteristicks, but was constantly improving in grace and strength. His high station enabled him to disdain all those petty devices, to which the inferior members of the profes- sion are often tempted to descend for the sake of a subsist- ence. His enemies, as well as his friends, admit, that he could never be prevailed on, by offers from the great and affluent, to conduct an unjust or oppressive prosecution ; and, that he never refused to undertake the defence of a man in humble life, on account of the power or standing of the opposite party. This very magnanimity involved liim, at the period of which we have been speaking, in an un- pleasant quarrel with Col. Joseph Hamilton Daviess, the district attorney of the United States, and a man of high character and great genius. Col. Daviess, in a moment of irritation, had struck a tavern-keeper in Frankfort for some common and trifling remark. To punish the indigni- ty, the tavern-keeper obtained a writ against the offender. This was easily done, but to procure an attorney to conduct the prosecution proved a more difficult matter. The plain- tijEf made application to every member of the bar in his vi- cinity, but all were afraid of provoking the indignation of Col. D., and refused to appear against him. At length the plaintiff, by the advice of friends, addressed a letter to Mr. Clay, detailing his wrongs and perplexities, and inijiiiiing whether Mr. C. would consent to undertaken the niiuiago- 3* 30 BIOGRAPHY OF ment of his cause. Without the least hesitation, Mr. Clay returned an affirmative answer, and the cause soon came on for trial. The defendant, Col. Daviess, acted as his own attorney, and was cruelly and unnecessarily severe upon the humble individual, oy whom he had been arraigned. Mr. Clay was never the man to hear a client abused with impunity, and on this occasion, he retorted with a keenness, at which Col. D. was so incensed, that, during an interval of the trial, he sent Mr. Clay a note, warning him, with an air of something like authority, not to indulge again in such offensive language. The latter instantlj^ returned for answer, that he was the plaintiff's attorney, and should manage his cause according to his own judgement, without taking advice from any one, and, least of all, from his cli- ent's antagonist. The trial proceeded, and Col. Daviess, burning with shame, and stung to resentment by the laconick replj^ that had been returned to his note, sent Mr. Clay a challenge to single combat. The affair came near termi- nating seriously. The challenge, we believe, was accepted ; but the friends of the parties interfered, and effected such an entire reconciliation between them, that thev continued strongly attached to each other, till the death of Col. Da- viess, who was killed at the battle of Tippecanoe, some years afterwards. It was in the autumn of 1S06, and while Mr. Clay was an active and influential member of the legislature, that he appeared at the bar in behalf of the celebrated Aaron Burr, who had been arrested in the state of Kentucky, at the in- stance of the district attornev of the United States, Col. Daviess, upon a charge of commencing a military expedi- tion contrary to the federal laws. Young as Mr. Clay then was, it certainly was a high comphment to his tale'Hs and legal attainments, that a in;in of Biut's vast pov /s, and unrivalled keenness of (h.^crimination, should select HENRY CLAY. 31 him for his attorney in a cause involving life and honour ; but, as Mr. C.'s conduct in this affair has been the subject of many unwarrantable remarks from his enemies, we have thought it expedient to give a brief sketch of the important facts connected with it. The circumstances under which Burr was arrested, were peculiar. Scarce any man in Kentucky, at that time, believed him guilty of the crime laid to his charge. In the early part of the year in which he was arrested, two gentlemen by the name of Street and Wood, went from Virginia to Kentucky, and commenced the publication of a newspaper, entitled the " Western Worldj^^ the chief object of which was to revive an old politi- cal controversy, that had been forgotten nearly twenty years The principal supporter of the controversy on one side wls Humphrey Marshall, who has since written the " History of Kentucky." He and his coadjutors endeavoured to show, that several of the most distinguished and papular men of the party which then supported Mr. Jefferson's ad- ministration, had been engaged in a criminal conspiracy to annex Kentucky to the dominions of Spain in North Ame- rica. Among the persons inculpated, were several of Mr. Clay's warmest and most intimate friends. It was while the community was yet indignant at the authors of these pretended disclosures of a former conspiracy, that Col. Burr was charged with a conspiracy of subsequent date, and, of course, he was regarded with the same general sympathj^, which had been extended to those implicated in the previous charge. He was considered a persecuted patriot. It was the prevalent opinion, that his arrest was prompted by the prejudices entertained against him by the district attorney, a passionate admirer of Col. Alexan- der Hamilton, whom Burr had killed in a duel. The pub- lick mind having been poisoned on the subject of conspira- cies and treasonable projects, it was strongly suspected, 32 BIOGRAPHY OF that the district attorney was attempting to avail himself of this state of things to revenge the death of his idol upon Col. Burr. Mr. Clav and Col. John Allen, the council of the accused, partook of the sentiments and sympathies of the publick in respect to his innocence, and, when he sent them a large sum of money in anticipation of their services, they returned it to him, considering that it was improper to treat as an ordinary culprit a distinguished and perse- cuted stranger from a distant state, who had been eminent in the legal profession, and stood high in the national councils. Col. Burr was first brought before the federal court at Frankfort, and discharged. No presentment or mdictment was found against him, the district attorney not being prepared with the evidence, by which he expected to sustain the prosecution. Shortly afterward Col. B. was- again arrested on the same charge, but, in the interval, Mr. Clay had been chosen by the Kentucky legislature- a senator of the United States. This circumstance, pla- cing Mr. C. in a new relation to the general government, created some doubt in his mind as to the propriety of his undertaking the defence of a man accused of treason. To strengthen his'conviction, that there was no foundation for the prosecution, Colonel Burr, who was extremely anx- ious to obtain his professional aid, addressed a note to him, under date of December 1st, in which the following lan- guage was used. '• I have no design, nor have I taken any measure, to promote a dissolution of the Union, or a separation of any one or more states from the residue. I have neither published a line on this subject, nor has any one. through my agency or with my knowledge. I have no design to intermeddle with the government, or to dis- turb the tranquillity of the United States, or of its terri- tories, or any part of them. I have neither issued, nor signed, nor promised a commission to any person, for any HKNRY CLAY. 33 purpose. I do not own a musket nor bayonet, nor any single article of military stores, nor does any person for me, by my authority or with my knowledge. My views have been fully explained to, and approved by, several of the principal officers of government, and, I believe, are well understood by die administration, and seen by it with complacency ; they are such as every man of honour, and every good citizen, must approve. Considering the high station you now fill in our national councils, I have thought these explanations proper, as well to counteract the chimerical tales, which malevolent persons have so in- dustriously circulated, as to satisfy you that you have not espoused the cause of a man in any way unfriendly to the laivs, the government, or the interests of his country,'^ Upon the reception of this note, Mr. Clay consented to appear again for Colonel Burr. The accused was brought before the court, and the district attorney submitted his in- dictment, and sent his evidence to the jury. After some deliberation, the jury returned the indictment not a true bill, and, at the same time, presented an address, in which they stated, that nothing had appeared in the evidence to justify the least apprehension of any design on the part of the accused to disturb the public tranquillity. This decision was in accordance with the wishes and opinions of the people. When the immense crowd, that was pre- sent in the capitol at Frankfort to witness the proceedings, heard the verdict, there was one general and tremendous burst of applause — a remarkable mcident, at that time, in Kentuck}'', and one which strongly evinced, the extent of popular feeling in Colonel Bun-'s behalf, even after his conduct had been partially investigated. A short time subsequent to this trial, Mr. Clay proceeded to the city of Washington, to take his seat in the Senate of the United States. On arriving there, and seeing the evidence which 34 BIOGRAPHY OF nad been coll 3Cted by Mr. Jefferson, as to the guilt of Colonel Burr, especially a letter in cypher, which the lat- ter had transmitted by Colonel Samuel Swartwout, to the commander of the United States' army, containing a par- tial disclosure of his criminal projects, Mr. Clay became satisfied that the people of Kentucky and himself had been deceived as to his character. He gave a strong, and what, by some, may be regarded a harsh evidence of the deception which Colonel Burr had practised on him ; v/hen, in 1815, upon his meeting him, the first time after the trial, in the court room, in the city of New- York, he refused to receive Colonel B.'s hand, which was lendeied to him in the presence of the court and its at- tendants. t- This is a statement of all the intercourse ever held by Henry Clay with Aaron Burr. Why should it induce a suspicion of his integrity ? Burr was arraigned for crime — the constitution granted him the right to appear by counsel — and the honour of the profession demanded of Mr. Clay, convinced as he was of Mr. B.'s innocence, not to withhold his assistance in procuring him u fair trial. This he did in conjunction with Colonel Allen, as pure a patriot-hero as ever lived and died for his countr}^ ; — and yet, from these circumstances, political malice has not failed to argue, that Mr. Clay shared in the guilt of Burr's conspiracy. The shaft was aimed with a will sutliciently deadly — but it fell upon a breast of steel. The charge of treason, preferred against a man who has done more for his own country than any other living statesman, and whose voice has echoed be^'^ond her confines, and, with a tone of creative power, called other republics into being is like the other infamous calumnies that have been pro- pagated against the same illustrious individual, apd Uke HENRY CLAY. 35 them, must soon be lost amid the lumber of forgotten thmgs. Such conspiracies, to ruin a patriot, can only end in the prostration of the conspirators. " He who, of old, would rend the oak, Dreamed not of the rebound." Mr. Clay's first appointment to the United States Senate took place, as has already been stated, in the latter part of 1806. This appointment was not for a regular senato- rial term of six years, but merely for a single session, the residue of the term of General Adair, who had resigned his seat. The new senator proceeded to Washington, in December, 1806; and, by . a rather singular incident, learned, before his arrival at the capitol, what expectations had there been formed of him, with regard to a particu- lar measure, by which the senate was then agitated. A few miles from Washington, he met with a stranger from Georgetown, in the District of Columbia, who, without knowing either his name or station, incidentally informed him, in the course of a friendly colloquy, that, at the seat of government, there was one engrossing topic of conver- sation. This topic was the erection of a bridge over the Potomac river. The citizens of Washington and Alex- andria, according to the gentleman's statement, were zeal- ous in favour of the bridge, for the construction of which, they were endeavouring to obtain authority from congress ; but the people of Georgetown were strongly opposed to it, from the belief that it would materially injure, if it did not ruin, the prosperity of their city. Mr. Clay inquired of his companion, how the senate would probably decide the question. ''We have ascertained," replied the gen- tleman, ''how each of the old senators will vote — they are equally divided; but a new member, of the name of 36 BIOGRAPHY OF Clay, is daily expected to take his seat; and, if he arrives before the question is put, it is said that he will certainly vote against the bridge, and decide the controversy in our favour." Mr. C- did not make himself known, but pro- ceeded to Washington, and found, on his arrival, that the statement which had been made to him, in relation to the condition of popular feeling, was not exaggerated. No- thing seemed to be thought of, either in or out of the senate, except the bridge. Mr. C. was a stranger; but he immediately found himself surrounded by the citizens of Georgetown, who made him the object of their warmest and most unremitted caresses. The motive which prompt- ed their peculiar attentions, could not be unknown to him ; but no allusion was made to it. Up to the time when the vote on the bridge bill was about to be taken, he had not given the slightest intimation of his opinions upon the subject. His first speech was upon that bill — an eloquent and much-praised effort, wherein he gave a powerful and triumphant vindication of the policy of authorizing the erection of the bridge. His speech was of far more value than his single vote, for he carried with him a majoritj^ of the members of the senate — all, in fact, who were not so far pledged by the assurances they had given to the peo- ple of Georgetown, as to feel that they had no longer the right of deciding for themselves. It must be gratifj'ing to the friends of Mr. Clay, to note, in the progress of his his- tory, the successive proofs that are constantly presented, of his undeviating consistency. Here, we see, that his first effort in the Congress of the United States, was in favour of a branch of Internal Improvcvienis — a system of policy, which owes more to his exertions than to those of any other man living; and which, unless checked by the pusillanimity or wickedness of men in power, will ul- timately advance the prosperity of our country, to a de- a HENRY CLAY. 37 gree hitherto unattained, and almost undreamed of, by the mightiest nations of the old world. Mr. Clay's speech upon the bill, for a bridge over the Potomac, was never re- ported, but he is said to have alluded, with great causti- city and effect, to certain gentlemen, who had made an in- temperate opposition to the bill. Mr. Tracy, a senator from Connecticut, whose looks were sometimes more sage than his vvords, had delivered a haughty and insolent speech, reflecting, with unprovoked and unpardonable se- verity, upon the younger members of the senate, and ma- king a parade of extraordinary knowledge upon the ques- tion in debate. In hitting off the wise and knowing look w4th which he seemed to inspect the subject, Mr. Clay quoted, to the infinite merriment of the senate, the ludi- crous simile of Peter Pindar's magpie: " Thus have I seen a magpie in the street, " A chattering bird, we often meet ; " A bird for curiosity well known, " With head awry, " And cunning eye " Peep knowingly into a marrow-bone." So great was Mr. Tracy's m.ortification at finding himself thus roughly handled by a young, and comparatively un- known member, that his lips were hermetically sealed du- ring a great part of the remainder of the session. The most important question that was discussed in the senate, during this congressional session, related to the suspension oi^ the act of habeas corpus. The suspension was moved in order to give the executive the power of ar- resting Colonel Burr, if necessary, and keeping him in confinement, without being delayed by the dilatory opera- tions of law. On this subject Mr. Clay did not speak. Having recently been Colonel Burr's counsel, he deemed 4 38 BIOGRAPHY OF *. it unadvisable to take part in the discussion, and content- ed himself with giving his vote against the motion before the senate. The majority were opposed to him, and the suspension of the law was voted with great unanimity. Fortunately, however, the bill was lost in the lower house. The opposition that was made to it by the minority in the senate, did not result from any sympathy or respect for Aaron Burr, the depravity of whose character was now generally acknowledged, but from a patriotic regard for the supremacy of the laws. The law of habeas corpus is the ark of American liberty, and violent hands ought not to be laid upon it, in every slight or imaginary emer- gency. Though it may sometimes afford a temporary shelter to the guilty, we ought not, on that account, to endano-er the rights of the innocent, to whom it is a con- DO ' stant protection. We rejoice that the law in question has never been suspended in the whole history of the govern- ment. Its operations have been two or three times resist- ed by military chieftains, who fancied that measures thus arbitrary were demanded by the peculiar exigencies in which they were placed : but their conduct has already been the subject of protracted public discussions, and we would add nothing to what has been said of it. In the summer of 1807, Mr. Clay's term of service in the United States Senate having expired, he was again placed before the citizens of Fayette, as a candidate for the Kentucky legislature. Under ordinary circumstances, no aspirant would have dared to enter the lists with him ; but the fact of his having been the attorney of Colonel Burr, gave courage to the federalists, and emboldened them to bring out a candidate in opposition to him. Their whole hope of success depended on exciting against Mr. Clay a portion of the indignation that existed against Burr. Tli*^ attonnpt was wijree than futile. The shttrne- HENRY CLAY. 39 less calumny fell crumbling from his name, like filth thrown by the hands of a clown against the pillars of a magnificent edifice. When the electors had assembled, he stood proudly up among them, and addressed them on the subject of his intercourse with Burr. His election was carried by a majority, which even he himself had never before received. After the delivery of his address, it would have been dangerous for any man to reiterate the lying charge against him. The people would not have endured it. As soon would they have suffered their fa- vourite " Commoner" to be charged with the crimes of all the individuals whom, in the course of his practice, he had consented to defend. In the course of the next session of the general assem- bly, Mr. Clay was chosen speaker, by a large majority, over a very popular rival. The duties of this office he discharged with the same fidelity and skill for which he was afterwards distinguished, while holding a similar of- fice in the Congress of the United States. Occasionally, too, he came down from his place, and took part in the fierce grapple of mind with mind. It was his good for- tune, in the course of the session, to prevent the whole system of the common law from being annihilated in the courts of Kentucky. A motion was made to prohibit the reading in court of any British decision, or elementary work on law. This motion was strongly supported by argument ; and more than four fifths of the members of the house evinced a determination to vote in favour of it Aside from other objections against the common law, it was argued, that the Americans, as an independent peo- ple, ought not to suflfer themselves to be governed, in the administration of justice, by the legal decisions of a fa- reign power. To obviate this consideration, Mr. Clay moved to amend the resolution before the house, by limits 40 BIOGRAPHY OF ing- the exclusion of British decisions from Kentucky, to those only which have taken place since the fourth of July, 1776, the date of American independence, and suf- fering all, which preceded that period, to remain still in force. His reasons for this amendment were conclusive. Previous to the declaration of our independence, the Bri- tish and Americans were the same nation ; and the laws of the one people were those of the other. After a long and spirited contest, Mr. Clay prevailed. Notwithstand- ing the original popularity of the resolution which he opposed, it was lost, and his amendment adopted by a vote almost unanimous; and, consequently^ the binding authority of the great body of the common law still con- tinued to be acknowledged. This effort of Mr. Clay has justly been considered by himself and his friends as one of the greatest intellectual achievements of his life. The prejudices of the multitude against the common law are almost universal ; and, at the time of which we have spo- ken, they existed in the Kentucky legislature in all their strength. The common people have heard, that this law, consisting, as it does, of all the reported decisions of the British courts, fills hundreds of volumes, and they do not readily comprehend how the men of the present day can become acquainted with it, and, much less, give it a practi- cal application in this country. They are apt to look upon it as a mere shapeless mass of incongruities and ab- surdities, that has been accumulating for years and centu- ries. They imagine that it is half made up of frivolous precepts, and ludicrous distinctions, which have no better effect than to set common sense and common justice at naught, by the conviction of the innocent, and the dis- charge of the guilty. They are not aware that the com- mon law is the embodied wisdom of ages, and that, al- though it may appear irregular at first view, it will be HENRY CLAY. 4'J seerr, when viewed in the Hght of a few plain principles, to be a system of unrivalled symmetry, beauty, and mag- nificence. They do not know, that its fundamental rules are so simple and well established, that the most unletter- ed can readily learn them, but suppose, that the whole sys- tem, ancient and mighty as it is, might advantageously give place to a few hast}'' statutes devised by the discord- ant spirits of a state legislature. It was against such pre- judices and such misapprehensions, that Mr. Clay was obliged to contend, and he did it with a power of argu- ment and eloquence, that almost surprised himself He did not " check his strength in mid volley" — the whole was put forth, for the time demanded it. In portraj'-ing that spirit of vandalism, which mocks at the wisdom of the " world's gray fathers," and would wantonlj^ make wreck of a system fraught with the intellectual wealth of centuries, and whelm its last fragment beneath the wave, Mr. C. was great beyond expression. A gentleman, w^ho was in the lobby of the house, and who has since risen to distinction, has averred, that all his subsequent ideas of perfect eloquence have been formed upon that one model. It surpassed any thing which he has since heard or had before conceived. Every muscle of the orator's face was at work, his whole bodj'^ seemed agitated, as if each part were instinct with a separate life, and his small whits hand, with its blue veins apparently distended almost to bursting, moved gracefully, but with all the energy of rapid and vehement gesture. The appearance of the speaker seemed that of a pure intellect wrought up to its mightiest energies, and brightly glowing through the thin and transparent veil of flesh that enrobed it. Our inform- ant represents himself as having gazed upon the orator, and listened to his moving and impetuous eloquence, till he half lost his sense of individual existence, and, on the first 4* 42 BIOGRAPHY OF return of perfect consciousness, he found that tears, la spite of his manhood, were streaming down his cheeks. Ashamed of his weakness, and unaware that nearly the whole audience was in the same situation with himself, he dried his tears, and, with feelings partially indurated by resolution, again gave his attention to the speaker. In a few moments, he found that the waters of emotion had gushed out anew from their fountain, and he now suffered them to flow uncontrolled, for he saw that he wept not alone. This great effort of Mr. Clay was materially dif- ferent from those of more modern date. It was probably accompanied by a degree of physical exertion, wliich^ in his recent condition of bodily debility, he would have been unable to endure even for a short period of time. In the year 1 808, Humphrey Marshall, a gentleman of whom we have already made mention, became a member of the legislature of Kentucky. He was, at that time, a man of strong mind and extensive information, but a bit- ter federalist, and an unwe- ried opponent of Mr. Clay. Mr. Marshall had repeatedly assailed Mr. C. and his friends in the newspapers, and, as a natural consequence, their political hostility was turned to personal hatred. Both now being members of the legislature, there appear- ed to be a willingness on the part of the other members, to bring them into direct collision. To this end, several gentlemen declined voting for Mr. C.'s reappointment to the office of speaker, knowing that, if he were in the speaker's chair, he would not have an opportunity of meet- ing his antagonist without restraint. During the first weeks of the session. Clay and Marshall frequently met each other in debate, and the former was uniformly victo- rious, being, in fact, incomparably superior, in all respects, to his antagonist. At length, Mr. C. brought a resolution before the house, that each member, for the purpose of en- HENRY CLAY, 43 oouraging the industry of the country, should clothe him- self in garments of domestick manufacture. This resolu- tion called into exercise all Mr. Marshall's talents of vitu- peration. He denounced it as the project of a demagog-ue, and applied a variety of epithets to its author, which no parliamentary rules could justifj^ Mr. Clay^s language in reply, was probably of a harsh character, and the quar- rel proceeded from one stage to another, till, according to the laws of honour, which every Kentuckian of that day was taught to reverence, no alternative remained to Mr. Clay, and he was required to challenge his antagonist. The challenge was accepted-. The parties met, and the first shot was exchanged without other effect than a slight wound to Mr. Marshall. On the second or third trial, Mr. Marshall's ball gave Mr. Clay a slight fiesh-v/ound in the leg, and the seconds now interfered, and prevented a continuance of the combat. It is the legitimate province of the biographer to state facts, and not to apologize for error. We believe that duelling, in all its forms, should be reprobated. We have no doubt, that Mr. Clay erred in this affair v/ith Mr. Marshall, and it is said, that he him- self looks back lo the incident with disapprobation and regret; but to Mr. C.'s admirers, there is much consola- tion in the fact, that the quarrel which led to the catas- trophe, had its origin in his devotion to the policy of en- couraging domestick manufactures — a policy which, through the influence of his subsequent exertions, has done so much for the prosperity of the nation. Of his per- sonal courage, no one ever entertained a doubt. It is said of him, that the eye v/ith which he meets an opponent in debate, is not more unquailing than that with which he gives back the glance of a foe in the field of single com- bat. His is a spirit that knows not to bow down or trem- 44 BIOGRAPHY OF ble in the presence of an enemy, whatever maj be the cliaracter under which that enemy presents himself. A measure which Mr. C. carried through the house of representatives, in 1809, is deserving of particuU\r notice, on account of the important principle involved in it. At the August election, the citizens of Hardin county, who were entitled to two representatives in the general assem- bly, had given 436 votes for Charles Helm, 350 for Samuel Haycraft, and 271 for John Thomas. Mr. Haycraft, at the time of the election, was an assistant judge of the circuit court of Hardin, and he did not resign the office till some weeks afterward. The 26th section of the se- cond article of the Kentucky constitution provides, that those who hold or exercise any office of profit under the commonwealth, shall be ineligible to a seat in the general assembly. Under these circumstances, Mr. Clay moved to inquire, whether Mr. Haycraft was entitled to a seat, and, if not, whether Mr. Thomas was entitled to it. The case was not unlike that of Mr. Wilkes, which excited much discussion in England in the days of Junius. The latter case is perhaps familiar to the public. Mr. Wilkes, a member of the house of commons, having become ob- noxious to the ministerial party, was expelled from the house for causes which were considered as constituting a tlisqualification for a seat. In spite of this decision of the house, the citizens of Westminster determined to re-elect him. The ministry, on learning this determination, se- cretly procured a candidate to be put up in opposition to him. A few votes were given for the opposition candi- date, but Mr. Wilkes was re-elected by a great majorit}^ When, however, Mr. W. again presented himself before the house, his case came up for consideration, and the ministeriul party, who constituted a majority of the com- mons, decided that, inasmuch as he was ineligible at tl>e HENRY CLAY. 45 time of the election, the votes that had been given for him were void to all intents and purposes, and could neither entitle him to a seat, nor affect the votes given for the opposing" candidate. By this decision, they not only ex eluded Mr. Wilkes from the commons, but gave his place to his competitor. In the analogous case, to which we have alluded, as having occurred in the Kentucky legis- lature, Mr. Cki}^, who had instituted the investigation, was chairman of the committee appointed to make a report. This report we have found among the legislative records at Frankfort, and the principles it contains are so sound, and of such universal application, that we have thought proper to make an extract from it. It was drawn up by Mr. C, and adopted unanimously, and its doctrines have, ever since, governed the Kentucky elections. The follow- ing are the most important parts of the report. " The principle of separating, and preserving distinct, the great powers of government, ought rather to be en- larged than circumscribed. But this case is not one in which we have to resort to construction. On the contra- ry, we have clear and explicit injunctions to guide us. The fact being ascertained, that Mr. Haycraft held an of- fice of profit under the commonwealth, at the timxC of the election, the constitutional disqualification attaches and excludes him — he was ineligible, and therefore cannot be entitled to his seat." " It remains to inquire into the pretensions of Mr. Thomas. His claim can only be supported by a total re- jection of the votes given to Mr. Haycraft, as void to all intents whatever. It is not ptetended, that they were given by persons not qualified according to the constitu- tion; and consequently, if rejected, it must be, not for any inherent objection in themselves, but because they have been bestowed in a manner forbidden by the constitution. 46 BIOGRAPHY OP or laws. By an act passed 18th December, 1800, it is re- quired, that persons holding offices incompatible with a seat in the legislature, shall resign them before thej are voted for ; and it is provided, that all votes given to any such person, prior to such resignation, shall be utterly void." " This act, when applied to the case in question, per- haps admits of the construction, that the votes given to Mr. Haycraft, though void and ineffectual in creating any right in him to a seat in this house, cannot affect, in any manner, the situation of his competitor. Any other expo- sition of it is, in the opinion of j^our committee, wholly in- consistent with the constitution, and would be extremely dangerous in practice. It would be subversive of the great principle of free government, that the majority shall prevail. It would operate as a deception of the people ; for it cannot be doubted, that the votes given to Mr. Hay- craft, were bestowed upon a full persuasion, that he had a right to receive them. And it would infringe the right of this house, guaranteed by the constitution, to judge of the qualifications of its members. It would, in fact, be a de- claration, that disquahfication produces qualification — that the incapacity of one man capacitates another to hold a seat in this house. Your committee are, therefore, unani- mously and decidedly of opinion, that neither of the gen- tlemen 13 entitled to a seat." Mr. Thruston, who was chosen a United States' sena- tor in 1804, had now resigned his seat, leaving his con- stituents to appoint some other gentleman to serve out the two last years of his term. Mr. Clay was, in all respects, the most prominent candidate. The members of the legis- lature were so well pleased with the ability which he had displayed in the senate in 1807, as well as in their own body during the last six years, that they gave him the seaX of Mr. Thruston, by a vote of two to one. Here his HENRY CLAY. 47 sei'vices in the legislature ceased — he was never afterwards a member of it. His whole career, while connected with that body, had been one continued train of brilliancy. While reviewing the records, we have been surprised, that a single mind should have been capable of accomplishing so much. He appears to have been the one pervading spirit of the whole bodj^ He never came to the debates but with the knowledge necessary to a perfect elucidation of his subject, and he always had the power of making his knowledge so practical, and lighting it so brightly up with the fire of eloquence and the living soul of intellect, that without resorting to the arts of insidiousness, he could ge- nerally control the movements of the legislature at will. His was not an undue influence — it was the simple as- cendancy of mind over mind. The bills, which origina- ted with him, instead of being characterised by the eccen- tricities and ambitious innovations, which are too often visible in the career of young men of genius suddenly elevated to power and influence, were remarkable only for their plain common sense, and their tendency to advance the substantial interests of the state. Though he carried his plans into effect by the aid of the magical incantations of the orator, he always conceived them with the coolness and discretion of a philosopher. No subject was so great as to baffle his powers — none so minute as to elude them. He could handle the telescope and the microscope with equal skill. In him the haughty demagogues of the legislature found an antagonist, who never failed to foil them in their bold projects, and the intriguers of lower degree were baffled with equal certainty, whenever they attempted to get any petty measure through the house, for their own personal gratification, or that of their friends. The people, there- fore, justly regarded him as emphatically their own. 48 BIOGRAPHY OF SECTION THIRD. Mr. Clay took his seat, for the second time, in the senate of the United States, in the winter of 1809 — 10. His ^rst speech at Washington in 1807, it will be recol- lected, was in support of a measure involving the princi- ple of internal improvements — and his first effort at the present time was in favour of the encouragement of do- mestick manufactures, a policy which he had previously supported in the legislature of his own state. The pros- perity of these two systems of policy has become so entire- ly identified with his name and influence, that his fellow- citizens will be gratified to learn the early date, at which he expressed his devotion to them. At the period of which we are speaking, impost duties can scarcely be said to have ever been laid upon articles' of foreign growth and manufacture, for any other purpose *"' than that of raising a revenue. There was now, however, a prospect of war with Great Britain, and, of course, our statesmen began to anticipate the possibility of our being partially thrown upon our own resources for the produc- tion of those articles which we had been accustomed to receive from British ports. In this condition of things, a bill to appropriate a sum of money for procuring supplies of cordage, sail-cloth, and other munitions of war, came before the senate, and an amendment was proposed, that preference should be given to articles of American growth and manufacture, whenever it could be done without ma- terial detriment to the public service. A senator from Massachusetts made a strong opposition to the amendment, and, in the remarks that folloAved, the general policy of fostering manufactures in this country became the main HENRY CLAY. 49 topic of discussion. The system being new, and its ef- fects not having been practically developed among us, its friends and enemies could meet each other only by rea- soning from first principles, and pointing out the conse- quences to which it had led in other countries. Those members of the senate who were opposed to domestick manufactures, drew a dark and revolting picture of the squalidity and wretchedness of the inhabitants of Man- chester, Birmingham, and the other manufacturing ci.ties of Great Britain, and argued, that the introduction of the system of manufactures into this country would be attend- ed with similar consequences. In reply to this considera- tion, Mr. Clay designated, with great force and clearness, what ought to be the policy of the United States. Great Britain, he justly remarked, has been the manufacturer of a large portion of the world. If, in this respect, we were to follow her example, our manufacturing districts would exhibit, in process of time, the same appearance as hers ; but, Mr. Clay contended, that, if we were to limit our ef- forts by our own wants, the evils which were apprehended would be found wholly chimerical. Agriculture he ac- knowledged to be the first and greatest source of "national wealth and happiness. He expressed a desire, that the exports of the country might continue to be the surplus productions of tillage, and not of manufacturing establish- ments — he did not wish that the plough-share and the sickle should be converted into the spindle and the shut- tle — but he held it desirable, that we should furnish our- selves with clothing made by our own industry, and no longer be dependant, for our very coats, upon a country which was then an envious rival, and might soon be an enemy. " A judicious American farmer, in the tiousehold way," said he, " manufactures whatever is requisite for his family. He squanders but little in the gewgaws of 5 50 BIOGRAPHY OF Europe. He presents in epitome what the nation ought to be in extenso. Their manufactures should bear the same proportion, and effect the same object in relation to the whole community, which the part of his household, employed in domestick manufacturing, bears to the whole family." Mr. Clay thought, and justly too, that whatever doubt might be entertained as to the general policy of encoura- ging domestick manufactures by bounties or impost duties, none could possibly exist, in any candid and rational mind, with regard to the propriety of adopting the requisite mea.- sures for producing among ourselves such articles as are indispensable in time of war. His arguments on this point need no recapitulation. His speech contained scarce a single effort at eloquence — it was distinguished exclu- sively by clear, profound, and philosophical views of na- tional policy, set forth strongly and dispassionately. Nor did it fall to the ground. The bill, as advocated by him, passed the senate, and its beneficial effects soon be- came evident. The officers of government succeeded in making advantageous contracts, for the munitions of war, with the capitalists of the United States, and, although in the contest that soon followed, the nation's resources were unequal to its wants, we were saved from that state of ut- ter deprivation, to which we should have been subjected, had our reliance been exclusively on foreign countries. The system of home manufactures was here nurtured into life, and it has since flourished in beauty and strength, and myriads of happy and industrious freemen are now rejoicing in its grateful influence. In the course of the same year, 1810, a question was brought before the senate upon the subject of the claims of the United States to the territory lying between the rivers Mississippi and Perdido, and comprising the greater HENRY CLAY. 51 part of West Florida. The question came up in this way. The inhabitants of the territory, particularly in the dis- tricts of Baton Rouge and Feliciana, had revolted against the Spanish authority, which was nominally exercised over them. It was reported, too, that emissaries of the king of England were among the people, intriguing with the view of inducing them to come under British domina- tion, and a thousand circumstances gave evidence, that, if nothing were done on the part of our government, the dis- affected citizens of Baton Rouge and its adjacent districts would either declare themselves independent, or accede to the proposals of the British agents — thus giving a power- ful nation a place upon our very borders. In this emergen- cy, Mr. Madison, then president of the United States, is- sued his proclamation, declaring West Florida annexed to the Orleans territory, and subject to the laws of the United States. This was, in fact, taking possession of the coun- try, and the question consequently arose in congress^ whether Mr. Madison had acted within his legitimate au- thority. This question involved the title to the land in dispute. The federal party, who constituted the opposi- tion to Mr. M.'s administration, contended, that the terri- tory belonged to Spain, and Mr. Clay argued, at great length, that the title was clearly in the United States. This speech of Mr. C. is one of the best specimens of close investigation, and severe, unadorned argument, that can be found in the annals of any parliamentary body. It must have required the most rigorous attention on the part of the senate, to follow him in his demonstrations and in- ferences. He went into a minute history of the disputed territory, applied the law of nations to the circumstances of its discovery and settlement, noted each legal transfer from power to power, and shewed, that it belonged origi- nally to the French, who ceded it to Spain in 1762, that 52 BIOGRAPHY OF Spain made a retrocession of it to France in 1800 by the ti'eaty of St. Ildefonso, and that the United States pur- chased it from the French government as apart of Louisia- na in 1803, Having shewn an indisputable title in the United States to the territory of West Florida, he proceed- ed to recite an act of congress passed in 1803, whereby the president was expressly empowered to occupy the lands ceded to us by France, and establish a provisional govern- ment over them. Mr. Clay justified Mr. Madison by other considerations. Even supposing that to be true, which he had proved un- true — admitting the claim of the opposition, that the title of West Florida had never passed out of the hands of Spain, he contended, that, under the circumstances which existed in 1810, the United States government had still a right to take possession of it. The reason was obvious.. Whether Spain did or did not retain the legal title to the territory, one point was sufficiently clear, she had not the power to make the inhabitants submit to her authority. She was, at that time, pressed on all sides by a powerful enemy, whom it required her concentrated energies to withstand. She could no more quell the distractions and the anarchy that prevailed throughout a portion of West Florida, than she could rule the whirlwind. If Britain, 01' some other nation disposed to injure us, should take ad- vantage of these circumstances, and obtain a foothold upon our southern frontier, she would have the power to annoy us in the exercise of our rights, and endanger the very ex- istence of our union. The commerce of the whole extent of country, that is drained by the Mississippi and its tribu- taries — an extent comprising three fourths of the whole ter- ritory of the United States — would be at the enemy's mer- cy. The possession of West Florida — that part of it es- pecially between the Mississippi and the Perdido — h» HENRY CLAT. 5^ showed to be indispensable to the free navigation of those streams. It was the lever by which nearly ihe whole con- tinent of North America might be shaken. Thus situated, Mr. C. claimed, that, upon the eternal principle of self- preservation — a principle that knows no limitation to tim« or place — we had a right to extend our laws over the dis- puted territory. The opposition suggested, that Great Britain was the ally of Spain, and might feel herself obliged, by her con- nexion with that country, to take part with her against us, and to consider the proclamation of our president as justi- fying an appeal to arms. " Sir," said Mr. Clay, " is the time never to arrive, when we may manage our own af- fairs, without the fear of insulting his Britannic majesty ? Is the rod of British power to be forever suspended over l|p- our heads ? Does congress put on an embargo to shelter our rightful commerce against the piratical depredations committed upon it on the ocean? We are immediately warned of the indignation of offended England. Is a law of non-intercourse proposed ? The whole navy of the haughty mistress of the seas is made to thunder in our ears. Does the president refuse to continue a correspond- ence with a minister, who violates the decorum belonging to his diplomatic character, by giving and deliberately re- peating an affront to the whole nation ? We are instant- ly menaced with the chastisement which English pride will not fail to inflict. Whether we assert our rights by sea, or attempt their maintenance by land — whithersoever we turn ourselves, this phantom incessantly pursues us. Already has it had too much influence on the councils of the nation. It contributed to the repeal of the embargo — that dishonourable repeal, which has so much tarnished the character of our government. Mr. President, I have before said on this floor, and now take occasion to repeat 5* 54 BIOGRAPHY OF the remark, that I most sincerely desire peace and amity with England ; that I even prefer an adjustment of all dif- ferences with her, before one with any other nation. But if she persists in a denial of justice to us, or if she avails herself of the occupation of West Florida to commence war upon us, I trust and hope, that all hearts will unite in a bold and vigorous vindication of our rights." Mr. Clay's speech upon the Florida title was not de- signed for a brilliant or impassioned effort. The orator attempted nothing but to set before the senate an irresisti- ble array of fact and argument, and what he attempted he accomplished. He aimed at speaking like a man of sense and judgement, who had investigated his subject with un- wearied diligence. Whenever he pleased, he could seem to rise aloft like Milton's warring angels, and do battle in the air with ethereal weapons ; but he proved, on this oc- casion, as he had done on many others, that he could, with equal skill, fight, like an earthly giant, with mace and buckler, upon the plain. After listening to his arguments, some of the warmest opponents of the measure which he had vindicated, had the candour to acknowledge their er- ror, and, taking him cordially by the hand, expressed their determination to go with him in the final vote. They did so, and the proclamation of the president was approved. Had there been, at that time, in the senate, no democratic champion like Mr. Clay — one who could stand up among the tall and fierce spirits of faction to vindicate the rights of our country, and utter a solemn warning in the ears of those who would wantonly throw the key of her strength into the hands of an enemy, it is difficult to say how im- minently dangerous might have been the present condition of the republic. Mr. Clay's next considerable effort in the senate was made in the following year, 1811, upon the question of HENRY CLAY. 55 renewing the charter of the old bank of the United States. He had been instructed by the legislature of Kentucky to oppose the renewal, but he would have contented himself with giving a silent vote against it, had he not been inci- ted to a more active opposition by the language of defiance which fell from the lips of the opposite party. The re- newal of the charter was advocated by the whole body of the federalists, whom Mr. Clay denominated the " Mace- donian phalanx," and Mr. William H. Crawford, and one or two other democrats, had, on this question, united with the opposition. Mr. Pope too, the colleague of Mr. Clay, made a long and able speech in favour of the bank, in di- rect violation of the instructions of the legislature. The strength thus arrayed against Mr. Clay, might have in- timidated an ordinary man, but he had learned his own powers too well to think, for a moment, of shrinking from the encounter. Mr. C.'s remarks against the bank were principally confined to the subject of its unconstitutionality. His ar- gument on this point was so replete with keen and pow- erful logic, that we choose to transfer it to our pages in his own words. Nothing equal to it can be found in any of the numerous discussions which the bank question has called forth. He seemed to hold the strength of his an- tagonists in the hollow of his hands. " This vagrant power to erect a bank, after having wandered throughout the whole constitution in quest of some congenial spot to fasten upon, has been, at length, located by the gentleman from Georgia on that provision which authorizes congress to lay and collect taxes. Jn 1791, the power is referred to one part of the instrument; in 1811, to another. Sometimes it is alleged tobededuci- ble from the power to regulate commerce. Hard pressed 56 BIOGRAPHY OF here, it disappears, and shews itself under the grant to coin money. ^ What is the nature of this government ? It is en> phatically federal, vested with an aggregate of specified powers for general purposes, conceded by existing sove- reignties, who have themselves retained what is not so conceded. It is said, that there are cases in which it must act on implied powers. This is not controverted, but the implication must be necessary, and obviously flow from the enumerated power with which it is allied. The power to charter companies is not specified in the grant, and, I contend, is of a nature not transferable by mere im- plication. It is one of the most exalted acts of sovereign- ty. In the exercise of this gigantic power, we have seen an East India Company erected, which has carried dis- may, desolation, and death, throughout one of the largest portions of the habitable world. A company which is, in itself, a sovereignty — which has subverted empires, and set up new dynasties — and has not only made war, but war agamst its legitimate sovereign ! Under the influence of this power, we have seen arise a South Sea Company and a Mississippi Company, that distracted and convulsed all Europe, and menaced a total overthrow of all credit and confidence, and universal bankruptcy. Is it to be ima- gined, that a power so vast would have been left by the constitution to doubtful inference? It has been alleged, that there are manv instances in the constitution, where powers, in their nature incidental, and which would ne- cessarily have been vested along with the principal, are nevertheless expressly enumerated ; and the power to make mles and regulations for the government of the land and naval forces, which, it is said, is incidental to the power to raise armies and provide a nary, is given as an example. What does this prove ? How extremely cautious the con- HENRY CLAY. 57 vention were to leave as little as possible to implication. In all cases where incidental powers are acted upon, the principal and incidental ought to be congenial with each other, and partake of a common nature. The incidental power ought to be strictly subordinate and limited to the end proposed to be attained by the specified power. In other words, under the name of accomplishing one object, which is specified, the power implied ought not to be made to embrace other objects, which are not specified in the con- stitution. If, then, as is contended, you could establish a bank to collect and distribute the revenue, it ought to be expressly restricted to the purpose of such collection and distribution. It is mockery, worse than usurpation, to establish it for a lawful object, and then to extend it to other objects, which are not lawful. In deducing the power to create corporations, such as I have described it, from the power to collect taxes, the relation and condition of principal and incident are prostrated and destroyed. The accessory is exalted above the principal. As well might it be said, that the great luminary of day is an accessory,. a satellite to the humblest star that twinkles forth its feeble light in the firmament of heaven. " Suppose the constitution had been silent as to an in- dividual department of this government — could you, under the power to lay and collect taxes, establish a judiciary? I presume not ; but, if you could derive the power by mere implication, could you vest it with any other authority than to enforce the collection of the revenue ? A bank is made for the ostensible purpose of aiding in the collection of the revenue, and, whilst it is engaged in this, the most inferior and subordinate of all its functions, it is made to diflfuse itself throughout society, and to influence all the great operations of credit, circulation, and commerce. Like the Virginia justice, you tell the man,, whose turkej;r ^8 BIOGRAPHY OF had been stolen, that your books of precedents furnish no form for his case, but then yon will grant him a precept to search for a cow, and, wnen looking for that, he may pos- sibly find his turkey! You say to this corporation, we cannot authorize you to discount — to emit paper — to regu- late commerce — no ! our book has no precedents of that kind. But then we can authorize you to collect the re- venue, and, whilst occupied with that, you may do what- ever else you please." " What is a corporation, such as the bill contemplates ? It is a splendid association of favoured individuals, taken from the mass of society, and invested with exemptions, and surrounded by immunities and privileges. The ho- nourable gentleman from Massachusetts has said, that the original law, establishing the bank, was justly liable to the objection of vesting in that institution an exclusive privilege, the faith of the government being pledged, that no other bank should be authorized during its existence. This objection, he supposes, is obviated by the bill under consideration ; but all corporations enjoy exclusive privi- leges — that is, the corporators have privileges, which no others possess ; if you create fifty corporations instead of one, you have only fifty privileged bodies instead of one. , 1 contend, that the states have the exclusive power to re- gulate contracts, to declare the capacities and incapacities to contract, and to provide as to the extent of the responsi- bility of debtors to their creditors. If congress have the power to erect an artificial body, and say it shall be en- dowed with the attributes of an individual — if you can bestow on this object of your own creation the ability to contract, may you not, in contravention of state rights, confer upon slaves, infants, and femes covert, the ability to contract ? And if you have the power to say, that an a^ sociation of individuals shall be responsible for their debts HENRY CLAY. 59 onlj in a certain limited degree, what is to prevent an ex- tension of a similar exemption to individuals ? Where is the limitation upon this power to set up corporations? You establish one in the heart of a state, the basis of whose capital is money. You may erect others, whose capital shall consist of land, slaves, and personal estates, and thus the whole property within the jurisdiction of a state might be absorbed by these political bodies. The existing bank contends, that it is beyond the powers of a state to tax it, and, if this pretension be well founded, it is in the power of congress, by chartering companies, to dry up all the sources of state revenue. Georgia has undertaken, it is true, to levy a tax on the branch within her jurisdiction; but this law, now under a course of litigation, is considered invalid. The United States own a great deal of land in tlie state of Ohio ; can this government, for the purpose of creating an ability to purchase it, charter a company ? Aliens are forbidden, in that state, to hold land — could you, in order to multiply purchasers, confer upon them the capacity to hold land, in derogation of the local law? I imagine this will hardly be insisted on ; and yet ther^ exists a more obvious connexion between the undoubted power which is possessed by this government to sell its land, and the means of executing that power by increas- ing the demand in the market, than there is between this bank and the collection of a tax. This government has the power to levy taxes, to raise armies, provide munitions, make war, regulate commerce, coin money, &c. &c. It would not be difficult to show as intimate a con- nexion between a corporation established for any purpose whatever, and some one or other of those great powers, as there is between the revenue and the bank of the United States." At the time Mr. Clay delivered this speech, the greatest CO BIOGRAPHY OF part of the capital of the United States bank was owned by inhabitants of Great Britain, and there was no securi- ty against its being perverted to evil purposes. The dan- gers to be apprehended from this condition of the institu- tion were strongly portrayed in the following remarks : " The power of a nation is said to consist in the sword and the purse. Perhaps, at last, all power is resolvable into that of the purse, for, with it, you may command al- most every thing else. The specie circulation of the Uni- ted States is estimated by some calculators at ten millions of dollars, and, if it be no more, one moiety is in the vaults of this bank. May not the time arrive when the concen- tration of such a vast portion of the circulating medium of the country in the hands of any corporation, will be dangerous to our liberties ? By whom is this immense power wielded? By a body who, in derogation of the great principle of all our institutions, responsibility to the people, is amenable only to a few stockholders, and they chiefly foreigners. Suppose an attempt to subvert this government — would not the traitor first aim, by force or corruption, to acquire the treasure of this company? Look at it in another aspect. Seven tenths of its capital are in the hands of foreigners, and these foreigners chiefly English subjects. We are possibly on the eve of a rupture with that nation. Should such an event occur, do you apprehend, that the English Premier would experience any difficulty in obtaining the entire control of this in- stitution ? Republics, above all other governments, ought most seriously to guard against foreign influence. All history proves, that the internal dissensions excited by foreign intrigue, have produced the downfall of almost every free government that has hitherto existed ; and yet, gentlemen contend that we are benefitted by the possea- sion of this foreign capital!" HENRY CLAY. 6] The effect of these and other arguments, used by Mr. Clay, was so powerful, that notwithstanding the confi- dence with which his opponents had entered upon the discussion, he was sustained bj the final vote, and the bank charter was not renewed. It was a signal victory. There were many other earnest discussions in the senate in 1811, and in nearly all of them the orator of Kentucky took a foremost stand, in vindication of the con- stitution and the rights of the people ; but our limits will not permit us to dwell in detail upon his exertions. We must necessarily be content with giving a rapid and im- perfect sketch of his history, leaving the more voluminous biographer to do full justice to his merits. 62 BIOGRAPHY OP PART SECOND. SECTION FIRST. In the summer of 1811, Mr. Clay having returned to Kentucky, was elected a member of the national House of Representatives. At the opening of the next congres- sional session, he took his seat; and it is a very remarka- ble fact, that on the first day of his o^v'pearance in the house, he loas appoijited speaker, hy a vote of nearly two to one over iivo opposing candidates. Such an event has never occurred in the history of any other individual, and,' in all probability, will never occur again. In the case of Mr. Clay, there were several peculiar circumstances that re- commended him strongly to the members of the house — thus enabling him to seize, at once, as the prerogative of intellectual power, what had been bestowed on others as the meed of age and experience. He was known to have held the office of speaker in the legislature of Kentucky, and to have discharged its duties with great efficiency. His short but splendid career in the senate, had also elicited universal admiration. It has been said, too, that many members of the house gave him their votes, with the view of imposing a check upon the language and conduct of one of their turbulent spirits — Mr. John Randolph, of Virginia, who, for several years, had been habitually guilty of the grossest outrages upon order and decorum. This gentleman had become excessively troublesome in the house. An aristocrat by education and habit, he deemed parliamentary rules the trammels of ignoble minds, and disdained to be governed by any laws, save those of his own caprice. Mr. Macon and Mr. Varnum had occupied HENRY CLAY. 63 the speaker's chair; but neither of these gentlemen was ever accustomed to exercise his authority in restraining- Mr. Randolph's conduct within the rules of order. Mr. Macon indulged him from feelings of political and p&c- sonal friendship ; and Mr. Varnum, from the dread of his keen and malignant sarcasm, against which the sacredness of office had, on several occasions, proved but a feeble pro- tection. The representatives of the people thought it due to the dignity of their body, that Mr. R. should be arrested in his profligate career ; and, as they knew that Mr. Clay was not only a gentleman of extraordinary intellect, and some parliamentary experience, but a man of too much energy of character, and dignity of demeanour, to brook even the appearance of disrespect offered to him, either in a private or an official capacity, it is not strange that, on this occasion, they appointed him to the speaker's chair, in preference to men who had been longer in the house. Those who know in what manner he subsequently per- formed the duties of his office, are aware, that the high expectations originally formed of him, were more than sustained. During the many years of his presidency over the house, including seasons of unprecedented poli- tical strife — not one of his decisions was ever reversed on an appeal from the chair, notwithstanding the energy with which he always exerted his authority. This fact is his best and most eloquent eulogy. The period at which Mr, Clay went into the House of Representatives, was one of the most momentous in Ame- rican history. The relations between our country and England, which, for some years, had been of an unplea- sant nature, wert- now assuming a character that indicated an open and immediate rupture. The aggressions upon our rights had become insuffi?rable. British cruisers upon the high seas were in the constant habit of boarding our 64 BIOGRAPHY OP vessels, and forcibly seizing and detaining our seamen, under pretence of supposing them the subjects of the king. The Americans thus seized, were not allowed to bring their cases before a competent tribunal for adjudication, but were unconditionally subject to the arbitrary will of every British naval officer. Thousands of our country- men were, in this way, carried into slavery, and forced to expose their lives by toiling in deadly climes, or fighting the battles of their oppressors. By official returns, it ap- peared, that not less than seven thousand were in capti- vitj'' in 1812. It was in vain that we remonstrated against these enormities. To evince, in the strongest manner, our disposition to effect an amicable adjustment of all difficul- ties between Great Britain and ourselves, our government proposed certain arrangements, which, if the mere reco- very of her own subjects had been her real design in the impressment of our sailors, would have enabled her to effect her object, without doing injustice to the United States. The proposition was rejected with supercilious- ness. The impressment of our countrymen by Great Britain, was accompanied by a general and systematick attack upon our commerce, almost unprecedented in the history of nations. She proclaimed all the ports of France in a state of blockade, and prohibited our vessels from entering them. It is a well-known law of nations, that a neutral people may trade to every foreign port, which is not lite- rally blockaded by the presence of an adequate force ; but Great Britain shut up the harbours of a whole country by vierc procla?)iatio/i, and then attempted to force us to ob, serve her mock blockades, by seizing upon our trading- vessels, and confiscating their cargoes. Every American vessel that was sus])ectcd of being destined for France, was made a prize. Our ships were seized in the vcrp hekry clay. 65 fmidh of our own. harbours, for violating; the blockade of French ports. Emboldened by our non-resistance to such enormous illegalities, our oppressor went still further, and', m effect, excluded our vessels from the ports of Spain, and every other country with which she herself was not allowed to trade freely. In this way she expected to put a final check upon the whole commerce of the United States, unless we should compel foreign countries, over whose maritime regulations we had no control, to open their ports to her own vessels. For all these acts of op- pression, she assigned the most frivolous and contradic- tory reasons. It was one of her favourite maxims, that the seas were her owrt, ; and it was evidently her determi- nation to crush our commerce at once, in order that we might never dispute her supremacy. The whole domi- nion of the sea was, in fact, usurped, and every vessel, whose object was not to subserve her policy, treated as an open enemy. ] Our government had spent months and years in seeking justice by peaceable means. Madison and Pinckney had eloquently depicted the catalogue of our wrongs, in their correspondence with the officers of the British king. Proposition after proposition was submitted — message wa.s despatched after message;— -but all our forbearance occa- sioned only an accumulation of injuries — the piling of Ossa upon Pelion. Thus situated, the United States seemed to have no course left but to put themselves in readiness for a forci- ble resistance to tyranny; and the proceedings of the Con- gress now in session, were looked to with a deep and ab- sorbing interest. It was convened by the president, at an earlier day than usual, with express reference to the sub- ject of a declaration of war. Had the country been free from party spirit, one general sentiment, in fiivour of vin- 6* 66 BIOGRAPHY OF' dicating our rights by an appeal to arms, would have per- vaded her many millions. Such, however, was not her condition. A fierce conflict was ragmg at that day be- tween Great Britain, and France, and there was a power- ful party in the United StateSj which was distinguished by such an infatuated attachment to the "former power, and such a bitter hatred of the latter, that those who were members of it, chose to tolerate, without a murmur, every possible manifestation of British insolence and outrage, rather than take up arms against her. This party was strong in Congress — embracing a large proportion of the members of both houses, and embodying an aggregate of talent that rendered it truly formidable. It was against the leaders of this party. that Mr. Clay was now called on to exert his power; and his country well remembers how nobly and successfully he acquitted himself in the en- counter. He stood not alone — Lowndes, Cheves, Cal- houn, and other powerful spirits, stood firmly at his side; but his nam.e was the tower of strcns-th on which rested the hopes of the democracy of the nation. The occasion was great, beyond any that had ever roused his energies ; and his soul swelled at the contemplation of it, like the ocean, when the imprisoned winds of heaven are heaving beneath its surface. From the electric home of his mind a flash went forth, and it was seen blazing and corrusca- ting through every city and hamlet of the Union. Like the Eastern Magician, he invoked the storm with a voice of power, and the shouts of answering spirits, like the deep murmurs of subterranean waters, went up from every hill, and plain, and valle}'' of his country. On the 27th of November, the comm-iltee of the house, to whom had been referred the subject of our foreign rela- tions, made an able report, giving a concise exposition of the injustice of Great Britain toward the United States, ' . HENRY CLAY, 67 and insisting on the policy of war. As the resolution was discussed while Mr. Clay was in the chair, he had not an opportunity to express his opinions upon it. The debate, however, was conducted by Randolph, Cheves, Grundy, and several other distinguished speakers, with great ability and warmth. Mr. Randolph's intellect was then in its vigour; and the effort which he made, in oppo- sition to the report of the committee, was, perhaps, the greatest in his whole congressional life. The extensive resources of his mind, the stately march of his eloquent periods, the startling flashes of his indignation, and " the sneering devil that lurked in his tone and look," rendered him an opponent, at that day, whom it was by no means safe to encounter. Mr. Clay was the only man in the house, who could dash aside, with unerring certainty, the weapons of this Ishmael. In the course of a few days, the subject of war was presented to the representatives of the people, in the form of a bill for raising a military force of twenty-five thou- sand men ; and the speaker mingled in the debate. He gave to the friends of the bill his heartiest co-operation. Although the taunts of the opposition had been many and bitter, he entered into the discussion with all the dignity and philosophical calmness by v/hich he had been uni- formly characterized. The subject in debate was well calculated to excite the feelings, and preclude dispassion- ate argument; but he took an elevated stand, from which he could look calmly down upon the fierce passions war- ring and maddening beneath him, and hold out his sub- ject to the view of his audience in its true colour and di- mensions. He seemed hke one who had been far on in advance of his companions, and had come back to point out to them the path they were to pursue. His re- marks v/ere never fully reported, and, for a knowledge of 68 BIOGRAPHY OF their character, we are more indebted to the testimon}^ of «ir-witnesses, than to that of the congressional journals. The speech was a splendid combination of vigorous logick and eloquent appeal. The orator confined himself, for a time, to severe disquisition; and, after working a rational conviction in the minds of the assembly, he let his words go out ^'iike a thunder-roll upon the banners of the air," to quicken and electrify the passions. Among those who were in favour of war, there was a great difference of opinion as to the quantum of military force which it was expedient to raise. Some gentlemen proposed fifteen thousand — a force which Mr. Clay thought too small for war^ and too great for peace. The secre- tary of war had stated, in his report, that more than twelve thousand men would be necessary for the single purpose of manning the fortresses upon the sea-board ; and it w^as probable that a portion of these would be taken from the twenty-five thousand, whom the bill before tho' house proposed to raise. The British troops in Canada were eight thousand strong ; and, in case of an invasion, they would be concentrated within the almost impregna- ble fortress of Gluebec. In marching to this principal point of attack, our army would find it necessary to sub- due the upper part of Canada, and distribute a consider- able number of men on the route, to keep possession of the various places of military strength. Before the walls of duebec, our troops would find their numbers greatly ret-luced; and Mr. Clay contended, ihat the fortress could not be safely attacked by a force less than double of that by which it was garrisoned. If it fell, another detach- ment from the regular army must be left to hold it ; and if the war were afterwards to be carried into the lower coun- try, it seemed obvious that the whole force of twenty-five ihousond men would be bv no means too irrcat. Even if HENRY CLAY. 6^ all designs of invading Canada were to be abandoned, Mr. Clay argued, that the proposed force would be none too large for the protection of the immense territory of the United States, including, as it does, a maritime frontier, every where exposed to the depredations of a naval power. His plan was, to prosecute the war, if it were undertaken, with the whole of a nation's energies — to crush, at once, with an armed heel, the serpent that was giving its deadly embrace to our liberties. An attempt had been made in the discussion, particu- larly by Mr. Randolph, to excite the prejudices of the house against a regular army, which, he contended, would be likely to deluge the country in blood, and build up a throne to some idol conqueror. " I am not," said Mr. Clay, " the advocate of standing armies ; but the standing armies which excite most my fears, are those which are kept up in time of peace. I confess I do not perceive any real source of danger in a military force of twenty-five thousand men in the United States, provided only for a state of war, even supposing it to be corrupted, and its arms turned, by the ambition of its leaders, against the- freedom of the country. I see abundant security against any such treasonable attempt. The diffusion of political information amongst the great body of the people, con- stitutes a powerful safeguard. The American character has been much abused by Europeans, whose tourists, whe- ther on horse or foot, in verse and prose have united in de- preciating it. It is true, that we do not exhibit as many signal instances of scientific acquirement in this country, as are furnished in the old world; but it is undeniable, that the great mass of the people possess more intelligence than an}^ other people on the globe. Such a people, consisting of upwards of seven millions, affording a physical power of about a million of men, capable of bearing arms, and 70 BIOGRAPHY OF ardently devoted to liberty, cannot be subdued by an army of twenty-five thousand men. The wide extent of coun- try over which we are spread, is another security. In other countries, France and England for example, the fall of Paris or London is the fall of the nation. Here are no such dangerous aggregations of people. New-York, and Philadelphia, and Boston, and every city on the Atlantic, may be subdued by an usurper, and he will have made but a small advance in the accomplishment of his purpose. Even let the whole country east of the Alleghany submit to the ambition of some daring chief, and the liberty of the Union will be still unconquered. It will find success- ful support from the west. A great portion of the mili- tia — nearly the whole, I understand, of that of Massa- chusetts, have arms in their hands ; and I trust in God, that this great object will be persevered in, till every man in the nation can proudly shoulder the musket, which is to defend his country and himself. A people having, be- sides, the benefit of one general government, other local governments in full operation, capable of exerting and commanding great portions of the physical power, all of which must be prostrated before our constitution is sub- verted — such a people have nothing to fear from a petty contemptible force of twenty-five thousand regulars." Some of the more timorous and pacific members of the house had intimated, that it was improper to discuss pub- lickly the subject of a war against Britain. " I do not," said Mr. Clay, "feel that impropriet^^ It is a subject, in its nature incapable of concealment. Even in countries where the powers of government are conducted by a sin- gle ruler, it is almost impossible for that ruler to conceal his intentions, when he meditates war. The assembling of armies — the strengthening of posts — all the movements preparatory to war, and which it is impossible to disguise, HENRY CLAY. 71 unfold the intentions of the sovereign. Docs Russia or France intend war ?— The intention is invariably known before the war is commenced. If congress were to pass a law, with closed doors, to raise an army for the purpose of war, its enlistment and organization, which cannot be done in secret, will indicate the use to which it is to be applied ; and we cannot suppose England will be so blind as not to see that she is aimed at. Nor can she injure us more, by thus knowing our purposes, than if she were kept in igno- rance of them. She may, indeed, anticipate us, and com- mence the war. But that is what she is, in fact, doinc* ; and she can add but Httle to the injury she is inflicting. If she chooses to declare war in form, let her do so — the respon- sibility will be with her." It had been emphatically asked by the opposition, what we were to gain by the war. " In reply," said Mr. C, " I will ask, what are we not to lose by peace ? — Com- merce, character, a nation's best treasure, honour ! If pe- cuniary considerations alone are to govern, there is suffi- cient motives for the war. Our revenue is reduced by the operation of the belligerent edicts, to about six millions of dollars. The year preceding the embargo, it was sixteen. Take away the orders in council, it will again mount up to sixteen millions. By continuing, therefore, in peace, if the mongrel situation, in which we are, deserves that de- nomination — we lose annually, in revenue alone, ten mil- lions of dollars. Gentlemen w^ill say, repeal the law of non-importation. If the United States were capable of that perfidy, the revenue would not be restored to its for- mer state, the orders in council continuing. Without an export trade, which these orders prevent, inevitable ruin will ensue, if we import as freely as we did prior to the embargo. A nation that carries on an import trade, with- out an export trade to support it. must, in the end, be as 72 BIOGPcAPHY OF certainly bankrupt, as the individual would be who incur- red an annual expenditure without an income." Every speech that was made before the house, in oppo- sition to the war, was filled with the praises of England, and the most unmeasured abuse of Buonaparte. The latter was represented as having effaced the title of Attila to the " Scourge of God," and transformed the human race into a mere machine of his impious and bloody ambi- tion. The way in which we were required to show our aohorrence of this malefactor of the human race, was to bear our injuries with patient endurance, lest we shoula weaken the exertions of his great rival. " But allowing," said Mr. C, "that the object of England is to check the progress of tyranny, how is her philanthropick purpose to be achieved ? By a scrupulous observance of the rights of others — by respecting that code of publick law which s>he professes to vindicate — and by abstaining from self- aggrandizement ? Then would she command the sympa- thy of the world. What are we required to do, by those who would engage our feelings and wishes in her behalf? To bear the actual cuffs of her arrogance, that we may escape a chimerical French subjugation I We are invi- ted, conjured, to drink the portion of British poison actu- ally presented to our lips, that we may avoid the imperial dose prepared by perturbed imaginations. We are called upon to submit to debasement, dishonour, disgrace, — to bow the neck to royal insolence, as a course of preparation for manly resistance to Gallic invasion ! What nation, what individual, was ever taught, in the schools of igno- minious submission, these patriotic lessons of freedom and independence ? Let those who contend for this humi- liating doctrine, read its refutation in the history of the very man, against whose insatiable thirst of dominion we are warned. The experience of desolated Spain, during HENRY CLAY. 73 the last fifteen years, is worth volumes. Did she find her repose and safety in subserviency to the will of that man ? Had she boldly stood forth, and repelled the first attempt to dictate to her councils, her monarch would not now have been a miserable captive in Marseilles. Let us come home to our own history ; it was not hy submission that our fathers achieved our independence. The patriotic wisdom that placed you, Mr. Chairman, under that cano- py, penetrated the designs of a corrupt ministry, and nobly fronted encroachment on its first appearance. It saw, beyond the petty taxes with which it commenced, a long train of oppressive measures, terminating in the total annihilation of liberty ; and, contemptible as they were, It did not hesitate to resist them. Take the experience of the last four or five years, which, I am sorry to say, exhi- bits a different kind of spirit. We were, but yesterday, contending for the indirect trade — the right to export to Europe the coffee and sugar of the West Indies. To-day we are asserting our claim to the direct trade — the riG:ht to export our own cotton, tobacco, and other domestic pro- duce, to market. Yield this point, and, to-morrow, inter- course between New- York and New-Orleans — between ihe planters on James River and Richmond, will be inter- dicted. The career of encroachment is never arrested bv .submission. It will advance, while there remains a single privilege on which it can operate. Gentlemen say, that this government is unfit for any war but a war of invasion. What ! is it not equivalent to invasion, if the mouths of oui; harbours and outlets are blocked up, and we are der\jioJ egress from our own waters ? When the burglar is'j,it our door, shall we bravely sally forth and repel his felonious entrance, or meanly skulk within the cells of the castle?" After the (Jelivery of Mr. Clay's speech, several efforts werfe made to get the bill amended : but they v/ere ail in- 7 ' --5 74 BIOGRAPHY OF effectual, and the bill was passed by a vote of ninety- four to thirty-four — several gentlemen voting in the affirmative, whose support had been confidently counted on by the op- posite party. This was the first step of the government towards preparing for war. After the house had voted to increase the military force of the country, a bill was brought forward to make pro- visions for a navy. The " president, in his message, had called the attention of congress to the subject, by suggest- ing the propriety of fi.tting our maritime force for the ser- vices to which it was best adapted, and augmenting the stock of such materials as were, in their nature, imperisha- ble. The bill, which proposed an appropriation by govern- ment for the purchase of timber, and the repair of those vessels which were in a state of decay, gave rise to an animated discussion upon the true naval policy of the United States. The same objection which had been made to an army, was now urged with equal vehemence against a navy — the danger, that an armed force would subvert the liberties of our republic. It was insisted, too, that the fitting out of naval armaments would require a pecuniary expenditure, which the people were, by no means, pre- pared to meet, and that it was in vain for us to think of contending with the maritime force of Great Britain, whose fleets covered the ocean, like wide-extended cities. The great champions of the navy were Clay, Cheves, and Lowndes, each of whom spoke with an eloquence that thrilled the hearts of the audience like a tone of prophecy. The speech of Mr. Clay, in particular, deserves to be treasured up as a text-book, from which nations, in their infancy, may draw wise and practical lessons of naval policy. In the prosecution of his argument, Mr. C. described three different degrees of naval force, and considered each HENRY CLAY. 75 of them in reference to the necessities and the pecuniary ability of the United States. The first was a force that should enable us to go boldly forth upon every sea and ocean, and bid defiance to the largest fleets of a belligerent power, wherever they might be encountered. Such a force, he admitted, it would be the extreme of madness and folly for our government to think, at that time, of establishins;. The second description of force referred to by Mr. Clay, was one which, without often venturing to seek an enemy in foreign climes, should be competent to beat off any squadron or fleet, which Great Britain, or any other nation, might attempt to station permanently upon our coast. He shewed, that this might be done by a force equal to one third of that employed against us, it being a fact proved by nautical experience, that a nation cannot main- tain a permanent force upon a distant station, without an equal force constantly in port for repairs, and another as constantly on the passage. From this he inferred, that twelve ships of the line, and fifteen or twenty frigates, would enable us to encounter the most formidable fleet which Great Britain, during the continuance of her Eu- ropean conflict, could maintain in the American waters. Such a naval armament, he acknowledged, could not be looked for at that time ; but he urged on congress the poli- cy of making preparation for it. and expressed his entire conviction, that the finances of the country would warrant its completion in a few years. He was'not intimidated by the boasted navy of the ocean-queen. So great, he con- tended, was her distance from us — so imminent the perils of a squadron on a remote shore — and so numerous the facilities offered by an extensive sea-board to our own ves- sels for annoying and evading an enemy — that we should sooa have the mean& of providing a force, which would 76 BIOGRAPHY OF empower us to vindicate all our maritime rights. Of the truth of this opinion, which, at that time, was in direct opposition to public sentiment, the country can now judge. Our surprise has often been excited to find Mr. Claj^s pre- dictions with regard to the affairs of the nation, so unfail- ingly supported by subsequent experience. Whatever he has attempted to foretell, has been uniformly written down by Time upon the page of history. A third description of naval force Mr. Clay considered as perfectly within the nation's resources at the time of the discussion. This was a force which should enable us to prevent any single vessel, of whatever magnitude, from endangering our whole coasting trade, and laying our chief cities under contribution. Even on this point he was obstinately opposed, but such was the power with which he grappled the arguments of the opposition, that he scat- tered them around him piece-meal. That policy which refuses to provide against any dangers because it cannot guard against all, he reprobated with strong and manly indignation. " If," said he, " we are not able to meet the gathered wolves of the forest, shall we put up with the barking impudence of every petty cur that trips across our way?" The reader probably recollects, that Mr. Clay, in dis- cussing the right of the general government to occupy West Florida, proved, that the possession of the country was indispensable to the commerce of the western states. On the present occasion, he shewed, with equal clearness, tliat the whole of this commerce would inevitably be sacri- ficed, if all our armed vessels were left in a dismantled condition. "If," said he, "-there be a point, more than any other in the United States, demanding the aiil of na- val protection, that point is the mouth of the Mississippi. The populatioji of 'the whole western coiuitry ar& dependr t J mt on tliis single outlet for their surplus productions. These productions can be transported in no other way. They will not bear the expense of a carriage up the Ohio and Tennessee, and across the mountains; and the circuit- ous voyage of the Lakes is out of the question. Whilst most other states have the option of numerous outlets, so that, if one be closed, resort can be had to others, the vast population of the western country have no alternative. Close the mouth of the Mississippi, and their export trade is annihilated. I would call the attention of my western friends, especially my worthy Kentucky friends — from whom I feel myself, with regret, constrained to differ on this occasion — to the state of the public feeling in that quarter, whilst the navigation of the Mississippi was with- held by Spain ; and to the still more recent period, when the right of depot was violated. The whole countr}^ was in commotion, and, at the nod of government, would have fallen on Baton Rouge and New-Orleans, and punished the treachery of a perfidious government. Abandon all idea of protecting, by maritime force, the mouth of the Mississippi, and we shall have the recurrence of similar scenes. We shall hold the inestimable right of the navi- gation of that river by the most precarious tenure. The whole commerce of the Mississippi — a commerce that is destined to be the richest that was ever borne by a single stream — is placed at the mercy of a single ship lying off the Balize ! Again, what is to become of Cuba ? Will it assert independence, or remain the province of some Eu- ropean power? In either case, the whole trade of the western country, which must pass almost within gun-shot of the Moro Castle, is exposed to danger. It is not, how- ever, of Cuba I am afraid. I wish her independent. But suppose England gets possession of that valuable island. With Cuba on the south, and Halifax *on the north — and 7* ^ 713 BIOGRAPHY OF tlic consequent means of favouring or annoying- the cono PAVXce of particular sections of the country — will not the- most sanguine amongst us tremble for the integrity of the union ? If, along with Cuba, Great Britain should acquire East Florida, she will have the absohite command of the (julf of Mexico. Can gentlemen, particularly gentlemen from the western country, contemplate such possible, nay, probable- events, without desiring to see, at least, the com- mencement of such a naval establishment, as will effect- ually protect the Mississippi? Let me intreat them to •turn their attention to the defenceless situation of the Or- leans Territory, and to the nature of its population. It is known that, whilst under the Spanish government, they experienced the benefit of naval security. Satisfy them that, under the government of the United States, they will enjoy less protection, and you disclose the most fatal secret." Having demonstrated the peculiar importance of a navy to the western states, the orator proceeded to show, that, without it, no commerce could exist to any extent. " A marine," said he, " is the natural, the appropriate guardian of foreign commerce. The shepherd and his faithful dog are not more necessary to guard the flocks that browze and gambol on the neiglibouring mountain. Neglect to provide the one, and you must abandon the other. Sup- pose the expected war with Great Britain is commenced — you enter and subjugate Canada, and she still refuses to do you justice — what other possible mode will remain to operate on the enemy, but upon that clement where alone you can then come in contact with him? And, if you do i\ot prepare to protect tl\ere your own commerce, and to as- sail his, will he not sweep from the ocean every vessel bearing your flag, and destroy' even the coasting trade ? But, from the arguments of gentlemen, it would seem to HENRY CLAY, 70 be questioned, if foreign commerce is worth the kind of protection insisted upon. What is this foreign commerce, that has suddenly become so inconsiderable?' It has, with very trifling aid from other sources, defrayed the expenses of government ever since the adoption of the pre- sent constitution — maintained an expensive and success- ful war with the Indians — a war with the Barbary Pbwers — a quasi war with France — sustained the charges of suppressing two insurrections, and extinguishing upwards of forty-six millions of the public debt. In revenue, it has, since the j^ear 1789, yielded one hundred and ninety-one millions of dollars. During the first four years after the commencement of the present government, the revenue averaged only about two millions annually — during a sub- sequent period of four years, it rose to an average of fifteen millions annually, or became equivalent to a capital of two hundred and fifty millions of dollars, at an interest of six per cent, per annum. And, if our commerce is re-establish- ed, it will, in the course of time, nett a sum for which we are scarcely furnished with figures in arithmetick. Taking the average of the last nine years — including, of course, the season of the embargo — our exports average upwards of thirty-seven millions of dollars, which is e-quivalent to a capital of more than six hundred millions of dollars, at six per cent, interest, all of which must be lost, in the event of a destruction of foreign commerce." It is not surprising, that arguments like these prevailed over the scruples and prejudices of the house. Their suc- cess was complete. A generous appropriation was made, and the navy fitted up with all convenient despatch. The result is familiar to the world. The naval force, which, in the beginning of 1812, was hanging, for' its very ex- istence, upon the energetic and vehement appeals' of Mr. Clay, became, in less than two years, the right arm of our *^ •/ 80 BIOGRAPHY OF coiintry, and the cbastiser of our giant foe. Its power' broke upon that foe, hke a burst from an unseen cloud ; and, where its battle-thunders fell, his strength was shiver-- ed like an untempered spear. The shout of " Victory !" " Victory !" was wafted from Erie and Michigan — and, from the remote waters of the Atlantick and Pacifick, were borne back the echoes of " Victory !" '' Victory !" Our commerce, thus nobly protected, has swept in triumph over the ocean, and made its waters the source of a more priceless treasure, than if, like the waves of the fabled Pactolus, they swept over sands of golden jewelry. The discussion of the navy bill took place in January, IS 12. After the passage of the bill, various debates, some of great, and others of less importance, occurred on the sub- ject of our relations with Great Britain, and, in all of them, Mr. Clay was the champion and the guide of the demo- cratic party. No difficulties could weary or withstand his energies. He moved in majesty, for he moved in strength. Like the Carthagenian chief in the passage of the Alps^ he kept his place in front of his comrades, putting aside, with a giant effort, every obstacle that opposed his pro- gress, applauding the foremost of his followers, and rousing those who lingered, bywords of encouragement or reproach, till he succeeded in posting them upon a moral eminence, from which they could look down upon the region, where their prowess was to meet with its long-expected reward. In the latter part of March, Mr. Madison transmitted a message to the two houses of congress, recommending an embargo of sixty days. This measure seemed indispensa- ble. So much had been said, and vainly said, about war, during the last three or four years, that, notwithstanding the warlike preparations which were now constantly going forward, a majority of the people of the United States be- lieved that it would never take place. The}'' continued HENRY CLAY. 81 to send out their unprotected trading vessels upon the ocean, as if looking forward to years of uninterrupted peace. Had war suddenl}^ commenced while these ves- sels were abroad, they would, of course, have fallen an al- most indiscriminate prey to British cruisers, and hence the general government deemed it expedient to prohibit all egress from our ports, until the commerce of the country could be placed in a condition of greater security. The message of the president was discussed in the house of representatives, in secret session, on the first day of April. The injunction of secrecy was soon afterwards removed, and the proceedings became public. Having looked in vain for a satisfactory report of the debate, we shall transcribe the account of it given us by a distinguished friend, who was, at that time, a member of congress, and, like Mr. Clay, an efficient supporter of the administration. " During the discussion of the polic}^ of the embargo, I was in the house. I have seldom known a debate con- ducted with greater ability, or with more spirit and deter- mination. Mr. Clay took the lead in support of the em- bargo, and Messrs. John Randolph and Josiah Quincy in opposition to it. There was a moral grandeur in the col- lision of such minds, which I think myself fortunate in having witnessed. " Mr. Q.uincy was a strong-minded man, but relentless in his hostility to Mr. Madison's administration, and im- moderate in his prejudices against the embargo. During Mr. Jefferson's embargo of 1807, some of his constituents had resisted its operation, and made an ineffectual effort to procure its repeal, by bringing the question of its consti- tutionality before the supreme court of the United States. " Mr. QL. professed to believe, that the embargo was not designed as a preparation for war, but as a temporary re- fuge from the necessity of declaring it. He contended, 82 BIOGRAPHY OF that, in our unprotected condition, it would be folly to go to war, and that the administration dared not be guilty of it. " An intimation had been thrown out by some one, that Mr. Q,., in conjunction with one or two other gentlemen, had sent ofT an express on the day preceding the reception of the president's message, to give information of the proba- ble embargo to the citizens of New- York, Philadelphia, and Boston. He acknowledged the fact, and gloried in it. ' By anticipating the mail,' said he, ' we have given an opportunity to great masses of our property to escape from the. ruin our cabinet is meditating for them — aj^, to escape into the jaws of the British Lion and the French Tiger, which are places of refuge in comparison with the grasp of this Hyena Embargo. Look now upon the river below Alexandria, and you will see the sailors towing down their vessels, as from a pestilence, against wind and tide, anxious to escape from a country which would destroy, under pretence of preserving them.' Mr. Randolph spoke on the same side, with his characteristick pungency and power, and far more than his usual earnestness. He, too, spoke of the declaration of war as absurd — as treasonable — as an act which the general government, with all its madness and fatuity, had not the courage to perpetrate. With an air of triumph he exclaimed, ' What new cause have we. of war ! what new cause of embargo ! The affair of the Chesapeake is settled, and no new principle of blockade is interpolated in the law of nations !' Mr. Clay was a flame of fire. He had now brought congress to the verge of what he conceived to be a war for liberty and honour, and his voice, inspired by the occasion, rang throagh the capi- tal, like a trumpet-tone sounding for the oi^iset. On the subject of the policy of the embargo, his eloquence, like a Roman phalanx, bore down all opposition, and he put to HENRY CLAY. 83 shame those of his opponents, who flouted the government as being unprepared for war. ' Why is it,' he exclaimed, indignantly, ' that we are no better prepared ! Because the gentlemen themselves have thrown every possible ob- stacle in our way ! They have opposed the raising of an army — the fitting out of a naval armament — the fortifica- tion of our frontiers — and now talk of the madness of en- gaging in a war, for which we are not 'prepared ! It is asked, what new cause of war ? In reply, I will ask, what old cause of war is avenged ? The affair of the Chesa- peake is settled — but why ? To paralyze the spirit of the country. Has Great Britain abstained from impressing our seamen, and depredating upon our property 1 I have in my hands an account of the recent capture of the ship Hannibal, worth, with the cargo, 300,000 dollars, near our own coast, on a voyage to France. I have no doubt but that the late Indian hostilities on the Wabash were excited by the British. Is not this cause of war T By reiterated appeals like these, he wrought upon the feelings of Con- gress, till his spirit seemed to pervade it like an omnipre- sence ; and when the question of the embargo was taken, a large portion of the opposition was with him. The in- telligences around him bowed down and did him obeisance, like the sheaves in the vision of the patriarch. I scarce need remark to one acquainted with the history of that period, that Mr. Clay was looked upon as the chief sup- port of the public cause in Congress. He was considered as sustaining its fortunes upon his shoulders." Toward the close of the session, Mr. Clay, in the dis- charge of his duties as speaker, became involved in an unpleasant controversy with Mr. Randolph ; and the ex- citement produced by the circumstances at the time, as well as the im-portance of the principles settled by the dis- cussion, entitles the affair to notice. On Thursday, the 84 BIOGRAPHY OP 28th of Ma J, one of Mr. R.'s personal and political friends, happening to be in conversation with Mr, Clay, inquire^] of him on what day the administration party would at- tempt a declaration of war. Mr. C, with the frankness that always marked his political character, replied, that the measure would probably be attempted on the follow- ing Monday. This intelligence was immediately con- veyed to Mr. Randolph, who rose in his place the next morning, and, after stating that he had a itiotion to make, commenced a speech upon the subject of our relations with Great Britain and France. He had spoken but a few minutes, when he was called to order by one of the members, on the ground that there was no motion before the house. Mr. Clay overruled the objection, as Mr. Ran- dolph had signified his intention to make a motion, and it was usual to 'admit prefatory remarks. Mr. R. resumed his speech, and, after continuing it till it had wholly lost its prefatory character, Mr. Calhoun interrupted him with the observation, that the question of war was not before the house, and that he was, therefore, speaking contrary 10 rule, and without affording others an opportunity to reply. Mr. Bibb, who then occupied the speaker's chair, in the momentary absence of Mr. Cla^^, decided that Mr. Randolph was in order. Mr. Clay returned to the chair, and, in a few minutes, Mr. Calhoun again interrupted Mr. R., with the demand that he should submit to the chair the motion he intended to make. Mr. Clay said, that un- questionably the gentleman might be called on to submit his proposition in writing, because it was the speaker s duty to require, that the observations made on the floor should be applicable to the subject in debate — a duty which could not be performed, unless the terms of the proposi- tion were known. Mr. Randolph then said — "my propo- sition is, that it is not expedient, at this time, to reson to HENRY CLAY. 85 a war with Great Britain." The speaker inquired if the motion was seconded. Mr. R. expressed his surprise that a second, in such a case, should be required. The speaker rejoined, that every motion must be seconded before it could be announced from the chair, and that he should re- quire the motion to be reduced to writing. "Then I ap- peal from that decision," said Mr. Randolph. The speak- er now stated the grounds of his decision, and his remarks were followed by a general discussion upon the subject of its correctness. On taking the vote, the chair was sus- tained by a large majority. "Sir," said Mr. Randolph, " I am cofnpelled to submit my motion in writing ; and, under that compulsion, I offer it." " There is no compul- sion in the case," replied the speaker: "because the gen- tleman may or may not offer it, at his option." The mo- tion was now read from the chair, and the speaker re- marked, that after a resolution was presented to the house, it was not in order to debate it, until the house had agreed to consider it. Mr. Randolph again appealed from the decision of the chair ; but after a stormy debate, withdrev/ his appeal, at the suggestion of his friend, Mr. Macon. The speaker next addressed the house in vindication of his course ; and when the question was taken, v/hether the house would consider Mr. Randolph's resolution, it was decided in the negative, by a vote of 72 to 37. ^Ir. R. was now compelled to take his seat ; but under the in- fluence of passion excited by his defeat, he published, on the following day, an intemperate address to his constitu- ents, telling them that the freedom of speech in congress was reduced to an empty name — that it had been decided, for the first time, in the person of their representative, that the house might refuse to hear a member in his place, upon the most momentous subject, which could be pre- 8 86 BIOGRAPHY OP sonted for legislative decision — that this was a usurpation, more flagitious than any which had ever been practised under the reign of terror, by the father of the sedition laws — and, that the people must interfere, and apply a re- medy, or bid adieu to a free government forever. On the appearance of this singular document, Mr. Clay promptly replied to it, in a communication, under his own name, to the editors of the government paper at Washington. He stated, in this communication, that two principles had been settled by the decisions, of which Mr. Randr^iph com- plained ; in the first place, that the house nad a right to know, through its organ, the specific motion which a mem- ber intended making, before he undertook to argue it at large; and, in the second place, that it reserved to itself the exercise of the power of determining, whether it would consider the motion at the particular time when offered. So completely overmastering was his defence of these principles — so inescapable his refutation of his opponent's arguments, and so perfect his demonstration of the impro- priety of Mr. Randolph's conduct, in attempting to antici- pate the will of the house, by discussing publickly a sub- ject which he knew was to be considered in secret session, that Mr. R., fond as he was of disputation, and bitter as he was known to be in his enmity to Mr. Clay, made an awkward retreat from the controversy. The principles that were here established by Mr. Clay, have been consi- dered authoritative ; and no subsequent attempt has ever been made, to deprive the House of Representatives of the right of regulating its own proceedings, and force it, con- trary to its will, to listen, by the hour, to the whimsical or irregular remarks of a disordered or obstinate individual. The declaration of war did not take place on the Mon- day following the collision between Mr. Clay and Mr. Randolph, as had been anticipated by Mr. C. and his HENRY CLAY. 87 friends. The act of declaration was passed in the house on the 18th of June, and the president's proclamation of the actual existence of war, bears date of the 19th. The long expected step was now taken. Our country had, for years, contended, in vain, against the tyranny of her foe, and, at last, like the ancient Gaul, she threw her sword into the scale. 8S BIOGRAPHY OF SECTION SECOND. The next session of congress commenced on the second day of November, 1812, and the president, in his annual message to the two houses, gave a rapid sketch of the events which had taken place during the recess. No means of establishing an honourable peace had been left untried by the American government. Within a single week after the declaration of war, Mr. Monroe, then secretary of state, wrote to Mr. Jonathan Russell, the American Minister at the Court of St. James, authorising him to agree to an armistice with the British government, on condition that the orders in council should be repealed, and the impressment of our seamen discontinued. Short- ly afterwards, Mr. Russell was empowered to stipulate for an armistice in general terms, w^ithout insisting upon an express agreement with regard to the chief points in con- troversy. His propositions were promptly rejected — reject- ed, too, with a sneer at our countrj', as being already sick of war. The enemy refused to treat with us, unless, as a preliminary step, we would recall our letters of marque and reprisal, and give orders for the suppression of all acts of hostility against British subjects and British property. Such a humiliation, though demanded by the clamours of a portion of the federal party, was not to be thought of, and, in order to prosecute the war with vigour, the presi dent suggested, in his message, the expediency of raising an additional military force. Such a measure seemed now indispensable. An army under General Hull, who, at the commencement of the war, was commissioned to make an attack upon the British provinces, had surrender- ed to an inferior force, under circumstances which strom^lv HENRY CLAr. S^ l>etokenecl either cowardice or treachery. This event had temporarily deprived us of the means of carrying the war into Canada, and thrown a partial gloom over the spirit of the country, notwithstanding our brilliant successes upon the ocean, and the glory which had crowned the American arms at Qiieenstown. Agreeably to the suggestions of the executive, the mili- tary committee of the house of representatives reported a bill, on the 24th of December, for raising an additional force of twenty thousand men. In the debate upon this bill, the supporters and opposers of the war rallied all their strength against each other, and discussed the general condition of the nation, and the whole policy of the American government. Few political conflicts were ever more deeply interesting, whether we consider the talent and character of the combatants, or the magnitude of the question upon which their rival powers were exerted. It depended on the issue of that conflict, whether the general government should, in the hour of trial, be deserted by the nation, and compelled to make a disgraceful peace, or fur- nished with the means of prosecuting the war with energy and might, and extorting just and honourable terms from our haughty foe. It was an encounter of intellect with intellect — a grappling of mind with mind — such as could not be contemplated v/ithout a noble swelling of the soul, even though it was known, that the issue of the struggle might be a nation's infamy. It would seem as if, after the declaration of war had been actually made, and the clash of bayonets, the ringing of swords, and the death-roar of artillery, had been borne upon the gale, all classes of American citizens — whatever had been their original feelings and predilections — would have united to bring the conflict to an honourable termi nation. Such was not the case. The enemies of the ad 8* 90 EroGRAPHY OF ministration had predicted defeat and disgrace, and they appeared willing to establish their reputation as soothsay- ers at the expense of their country — willing to barter the vast expansion of renown, that had been bequeathed them by the fathers of American Independence, for the gratifica- tion of their own partisan prejudices and resentments. The increase of the army was opposed by Messrs. Quincy, Randolph, Pitkin, and ten or twelve other gentle- men, with a strength, spirit, and perseverance, that would have borne any ordinary antagonist to the earth. Mr. Quincy, as in the case of the embargo, was probably the, strongest man in the opposition, and, with the exception of Mr. Randolph, certainly the most violent and abusive. His remarks, as recorded in the journals of congress, transirressed the utmost limits of the venial freedom of debate. Were it not that he has since evinced his integri- ty of purpose, by a life devoted to the great objects of vir- tue and patriotism, those who remember his course in 1812, when he raised a parricidal hand against his coun- try, would be ready to brand him as a traitor. It is al- most wonderful, that the Genius of American Liberty, assailed as she was at that day, by her own gifted sons, had not muffled up her face, like the ancient Roman at the base of Pompej's statue, and sunk down, the heart- broken and unresisting victim of treachery. Mr. Quincy, in his attack upon the democratic members of the house — those who were advocates for supporting the war — forgot, in the excitement of the moment, every feeling of decorum and gcntlcmanlj' respect. He de- scribed them as " young politicians, with the pin-feathers yet unshed, and the shell still sticking upon them — per- fectly unfledged, though they fluttered and cackled upon the floor of congress — bloodhound-mongrels, who were kept in pay to hunt down all that opposed the court — a HENRY CLAY. 91 pack of mang-j dogs of recent importation — their backs still sore with the stripes of European castigation, and their necks marked with the check collar." Again he spoke of them as " sycophants, fawning reptiles, wlx) crawled at the feet of the president, and left their filthy slime upon the carpet of the palace." Mr. Clay's castigation of Mr. Q,uincy for these disgust- ing and unprovoked personalities, was terrible — its parallel can scarce be found in the history of congressional en- counter. The time demanded that the reproaches of the opposition should be cast back upon them, and Mr. C se- lected their champion as the pecuUar object of retributive justice. Much as Mr. Q.. had been reprobated for his li- centious denunciations of his opponents, both friends and enemies were ready to pity him for the severity of his punishment. The flame descended upon his defenceless head, and, " Like the tall pine by lightnings riven," he shewed the marks of its blastings. It is due to his re- putation to add, that he became so heartily ashamed of the personalities by which his punishment had been pro- voked, that he procured the suppression of some of them, and the mitigation of others, in the printed copies of his speech. In the course of his remarks, Mr. Q. assailed, with bit- ter invective, the character of Mr. Jefferson. Mr. Claj^'s panegyric upon that exalted man — the man from whom he had learned his own political principles — is so eloquent and beautiful, that, although it was not immediately con- nected with the principal theme of discussion, it deserves to be recorded and remembered. The star of Mr. Jeffer- son's fame had reached its glorious culmination — but men ')2 BIOGRAPHY OF were not wanting to attempt to dim its brightness with the murky vapours of their own pestilential breath. " Neither his retirement from public office, his eminent services, nor his advanced age, can exempt this patriot from the coarse assaults of party malevolence. In 1801, he snatched from the rude hand of usurpation the vio- lated constitution of his countrj'', and that is his crime. He preserved that instrument in form, and substance, and spirit, a precious inheritance for generations to come, and for this he can never be forgiven. How vain and impo- tent is party rage, directed against such a man ! He is not more elevated by his lofty residence upon the summnt of his own favourite mountain, than he is lifted by the serenity of his mind, and the consciousness of a well-spent life, above the malignant passions and bitter feelings of the dav. No ! his own beloved Monticello is not less moved by the storms that beat against its sides, than is this illustrious man, by the bowlings of the whole British pack, set loose from the Essex kennel ! When the gentle- man, to whom I have been compelled to allude, shall have mingled his dust with that of his abused ancestors, when he shall have been consigned to oblivion, or, if he lives at all, shall live only in the treasonable annals of a certain junto, the name of Jefferson will be hailed with gratitude, his memory honoured and cherished as the second founder of the liberties of the people, and the period of his adminis- tration will be looked back to, as one of the happiest and brightest epochs of American history — an Oasis in the midst of a sandy desert. But I beg the gentleman's par- don ; he has indeed secured to himself a more imperisha- ble fame than I had supposed ; I think it was about four years ago, that he submitted to the house of representatives an initiative proposition for an impeachment of Mr. Jeffer- son. The house condescended to consider it. The gen- HENRY CLAY. 93 tleman debated it with his usual temper, moderaiion, and urbanity. The house decided upon it in the most solemn manner, and, although the gentleman had somewhere ob- tained a second, the final vote stood, one for, and one hun- dred and seventeen against, the proposition ! The sanie historick page that transmitted to posterity the virtue and the glory of Henry the Great of France, for their admira- tion and example, has preserved the infamous name of the frantick assassin of that excellent monarch. The same sa- cred pen that portrayed the sufferings and the crucifixion of the Saviour of mankind, has recorded, for universal exe- ci'ation, the name of him who was guilty, not of betray- ing his country, but (a kindred crime) of betraying his God." The prediction as to the feeling with which Mr. Jefifer- son's services would, in future years, be remembered, is already verified. A nation's blessing is resting, like a beautiful diadem, upon his name. It is true, that some have spoken reproachfullj^ of his memory, even since the time when, as if by a miracle, he was gathered, with a fellow patriarch, to his fathers, on the day which their united exertions had rendered the holiest in the American calendar. It is as if the uncircumcised Philistines had assembled under the fiery chariot of the Prophet, and howled their curses after him, while he was ascending into the bosom of his God. Mr. Claj-'s remarks upon these incidental topics of Mr. Gtuincy's speech, were merely a prelude to the bursts of elot]uence that were to follow — the trickling of the drop ere the breaking of the fountain. When he came to speak of the critical situation of the countrj- — of the power and spirit of our enemj^ — of the empyrean glory won for us in the days of the revolution, by those who poured out their life blood like rain as a sacrifice to liberty — of the concea 94 BIOGRAPHY OF trated energies which were demanded for the maintenance of our honour and our rights — and of the degradation that would ever afterwards cling to us like a leprosy, if we yielded to the insolent and despotick requisitions of Great Britain — the house was electrified by his thrilling and passionate appeals. He spoke like a man conscious of his responsibility to the nation. At his bidding, the lurid cloud of war had closed over the land, and it now be- longed to him to teach his countrymen to breast the storm. He heard the voice of ages calling aloud upon his name, and his great spirit was stirred within him at the sound. No obstacle could ^successfully oppose him. His eloquence was a torrent-flood, sometimes rolling on in unobstructed magnificence, and then foaming, and roaring, and dashing through the severed mountain, while, ever and anon, the beautiful flashes of fancy and imagination shone up, amid the majestic manifestations of intellect and passion, " Like a bright Iris o'er the boiling surge." It has been said by those who listened to Mr. C.'s speech, tiiat his sarcasm upon the federalists was overwhelming. Every federal eye was bent in shame upon the floor, and the effect upon the party is represented to have been per- manent and salutary. The report that has been given of tliis portion of his remarks, is very imperfect, and it is ut- terly impossible, without having heard them, to form an adequate idea of their pungency. The sarcastic tone, the withering look, and the scornful gesture — these have passed away with the occasion, and cannot be imagined by those who are unacquainted with the manner of the orator. " The course of that opposition by which the administra- tion of the government has been unremittingly impede