'f^^. ■.ir •T^^^«fcA^ L I E) R.A FLY OF THE UN IVLRSITY Of ILLINOIS A Bequest from Marion D. Pratt ttUNOIS HISTORICAL SURVEY /LLINGIS HISTORY SURVLr LIBRARY ' ^VV^C^??V. ^ ?^'".. ^\ ^ISM^ '^SILii¥ [SECOND EDITION, REVISED.] ^ BIOGRAPHY ,' Clay i^ such a man — one, whose moral and mental history should be regarded as a portion of the comrnon riches of the human race — one of those noble-minded existences, from whom the world's happiness and glory are 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 powerful elements — than in contem* PREFACE, V plating the successes of all the military conquerors, from Alexander to I^apoleon. I have already been freely charged with undertaking the Biography of Henry Clay, with a new to influence an approaching political elec- tion. That I have formed my opinions on the subject of that election 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 grati^ing to my feelings- This is no place for the discussion of political topicks ; yet, I cannot 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 argriments 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 adapted to my purpose. THE AUTHOR. Lexington^ Kentucky. November \Mh, 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 year's, 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 b? of a less ambitious character. Henrj' Clay vv'as 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 j-et a child. By the kindness of a gentleman in Virginia, we have been furni-shed with a variety of in-- teresting anecdotes in relation to the ancestors of the subject of these memons, 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 8 BIOGRAPHY OF distinction are rested on something better than a penny's worth of ribbon transmitted from generation to generation — the light 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 nineteen, 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- terward 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 practice. Up to this period, he had never. made an effort at publick apeoJimg, and was wholly miconscious of his own oratori- cal powers, although it is said, that his style of con- versation was universally admired 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 place, but continued, for some weeks, to attend its meetings, without offering to take part in its discussions. On one occasion, however, when the vote on an interesting question, which had been HENRY CLAY. 9 the subject of debate, was about to be taken, IVlr. Clay remarked, in a low but audible whisper, that the subject did not appear to him to have been exhausted. This re mark was overheard bv several of the members, who, from their high opinion of his powers, had long wished to persuade him to participate in the debates of the Society, and they addi'essed the Chairman simultaneously — " Do not put the question yet — Mr. Clay will speah^ 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 JuryP The members of the Society, all of whom were his personal friends, were imwilling 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 through 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 IMr. 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 v/as there first visited by visions of coming glory. 10 BIOGRAPHY OF A few 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 Kentucky, 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 any 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 mhid 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 the meridian of life, to take his place among 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 peculiar 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, especially when he was called on to address a Jury, enabled him almost invariably to triumph. By watching with the instinctive keenness HENRY CLAY. 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 scorching 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 hy the closeness and cogency of his reasonings, the boldness and originahty of his conceptions, 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, w^ien 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 th>e understanding by the profundity and force of his argu- ments ; but all controversy upon this point was now to be put forever to rest. Mi's. Phelps was the wife of a i^espectable 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 only time to exclaim, "Sister, you have killed me," and ex- HENRY CLAY. 13 »)ired. 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 oifence be- longed. If it were pronounced murder of the first degree, the life of the wretched prisoner would be the forfeit, but. if manslaughter, she would merely be punished b}^ 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 ; 3'et Mr. Clay not only succeeded in saving the life of his client, but excited in her behalf such intense pity and compassion, hy his moving eloquence that her punishment was mitigated to the lowest de- gree permitted by the law. In the management of thi> 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 hum.an 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 enthe satisfaction of the Court, and was considered an aggravated 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 savings 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 desperate strength to his neck, almost smothered him with her kisses. The young advocate, no doubt, would willingly 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. "W^iilst we were making inquiries in relation to the cases in which Mr. Clay distinguished himself, during the early part 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, by 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 7iovo^ 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. When 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 \v as 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 himself proudly up, and remarking, that, if he was not to be allowed 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 liberty, 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 effort 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 v/as 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 4iim 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 manslaughter, having 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 counsel for the Commonwealth, to sustain, if possible, the indictment. In order to this, he contended, in a long, subtle, and elabo- rate argument, that, although a white man, who, in a fit of rage on account of personal chastisement killed his assailant, would be guilty of manslaughter and not mur- der, a slave co\dd plead no such mitigation of a similar offence, inasmuchasit wasthe diiti/ 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 indignity, is guilty of a wrong — the white man no less than the slave. The law of man- slaughter 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 any 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. Mr. Clay was successful in his argument, not- withstanding the invalidity of his positions. By his strong and plausible reasonings, and the exuberance and felicity of his illustrations, he ^vrought so completely upon 2* 18 BIOGRAPHY OP the minds of the Jurj, 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, whicli 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 hberty." 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 living or dead, can exhibit such a series of splendid triumphs. The state of society that existed in Kentucky, some j^ears ago, is well known. Murders were of frequent occuiTence, 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 indiscriminately. 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 tem.perament, that, when- ever he had once enlisted for a client, his feelings con- HENRY CLaV. 19 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 day, 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 or holding a very short consultation with his colleague, he drew up a statement of the form in which he \v 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 on 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 oe dated as far back as the year 1797 — a period at which he had scarcely begim the practice of lavs^ The people of Kentucky were then about to elect a convention 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 natm*e. His vigorous 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 countrj', 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 waj^ward 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, IVIr. 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. 23 source of pride to him, and honest exultation to bis 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 tja-anny, 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 OP 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 by 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 striking light, until indig- 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 rio 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 cbud." 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, too, 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. Mun'ay — 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 HENRY CLAY. 25 the streets, amid shouts of applause. Such an incident in the Hfe of a young 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 thii^d day of the election, Mr. C. him.^^elf 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 was anxious not to be defeated. He then gave an explanation of his political views, and closed with an ingenuous ap- 3 26 BIOGRAPHY OF peal to the feelings of the people; and such was the effect produced, that 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 seek for support by intrigue, in all its forms of wick- edness and cunning, we shall readily conclude that Mr. Clay was regarded, in his own county, as a young 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 ofRce for him at the hands of the citizens of Fayette, it has been given him by an overw^helming majority. One of the immediate causes of Mr. Cla/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 incorporating 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. Gmndy'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 that year, he easily defeated the attempt that was made to repeal the law of incorporation; but in the fol- lowing year, 1804, Mr. Grundy himself obtained a seat in the house, and brought with him a majority of members 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 members 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 oiFensive 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 party 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 tlie figure, it is nature^ 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 animated 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 usualty 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. HENRY CLAY. 29 Notwithstanding the conspicuous and important part ti'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- flected brightness on each other. His great reputation as a civilian increased his practice at the bar, and his high cha- racter as a law^'er gave him an additional influence in the legislature. His judicial eloquence retained all its early characteristicks, but was constantly improving in grace and ptrength. 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 him, 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 gi'eat 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- tiff 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 wi-ongs and perplexities, and inquiring whether Mr. C. would consent to undertake the manage- so 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, hy 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 instantly returned for answer, that he was the plaintiff's attornej^, 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 reply 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 they 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 1806, and w^hile 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 attorney 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 compliment to his tale^its and legal attainments, that a man of Burr's vast poM ^s, and unrivalled keenness of discrimination, 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 World,^^ 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 wc*s Humphrey Marshall, who has since written the " History of Kentucky." He and his coadjutors endeavoured to show, that several of the most distinguished and popular 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 sympathy, 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 bj' 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 himserf 0(f this state of things to revenge the death of his idol upon Col. Burr. Mr. Clay and Col. John Allen, the council of the accused, partook of the sentiments and sjunpathies 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 indictment 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 anj^ one or more states from the residue. I have neither pubHshed 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 HENRY 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, arc well understood by the 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 laws, the government, or the interests of his country P 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 incident, at that time, in Kentucky, and one which strongly evinced the extent of popular feeling in Colonel Burr'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 had been collected bj 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 : when, 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 tendered to him in the presence of the court and its at- tendants. 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 a fair trial. Tliis he did in conjunction with Colonel Allen, as pure a l?atriot-hero as ever lived and died for his country ; — and yet, from these circumstances, political malice has not fail-ed to argue, that Mr. Clay shared in the guilt of Burr's conspiracy. The shaft was aimed with a will sufficiently 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 beyond 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, and Uke^ . HENRY CLAY. 35 them, must soon be lost amid the lumber of forgotten things. 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 fii'st 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 Wasliington 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 OP 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 w^iich 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, w^herein 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 majority 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 gratifying 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 Improvements — 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- tin^ately advance the prosperity of our country, to a de- HENRY CLAY 37 gree hitherto unattained, and ahnost undreamed of, by ihr- 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 efTect, 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 words, had delivered a haughty and insolent speech, reflecting, with unprovoked and unpardonable se- verity, upon the j'ounger members of the senate, and ma- king a parade of exiraordinarj^ knowledge upon the ques- tion in debate. In hitting off the wise and knowing look with 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 marroT7-bonc.'' So great was ^Ir. Tracj-'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 of 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 oj^era- lions of law. On this subject Mr. Clay did not speak. Having recently been Colonel Burr's counsel, he deemed 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, tiowever, 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 guijtj^, we ought not, on that account, to endanger the rights of the innocent, to whom it is a con- stant protection. We rejoice that the law in question has never been suspended in the w^hole 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 w^ould 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 Faj'ette, 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 BuiT, 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 ^urr. Tir' littompt wom w(jrse than futile. The sharr:€- '■^^^^ 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 an}^ man to reiterate the lying chai-ge 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- iice 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 strongl}'- 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 suffer themselves to be governed, in the administration of justice, by the legal decisions of a fo- reign power. To obviate this consideration, Mr. Clay moved to amend the resolution before the house, by limit- 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 Ly a vote almost unanimous; and, consequentlj^, 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 iiot 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 ye^irs 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. 41 seen, when viewed in the light of a few plain principles, to be a system of unrivalled sj^mmetry, beauty, and mag- nificence. They do not know, that its fundamental rules are so simple and well established, that the most unletter- ed can readilj^ learn them, but suppose, that the whole sj^s- tem, ancient and mighty as it is, might advantageously give place to a few hasty 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 wantonly make wreck of a sj'-stem fraught with the intellectual wealth of centuries, and whelm its last fragment beneath the wave, Mr. C. was great beyond expression. A gentleman, vdio Vv'as in the lobby of the house, and w^ho has since risen to distinction, has averred, that all his subsequent ideas of i:}erfect 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 body seemed agitated, as if each part were instinct with a separate life, and his small white 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 42 BIOGRAPHY OF return of perfect consciousness, he found that tears, in 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 accompjinied by a deg^ree of physical exertion, which, in his recent condition of bodily debility, he would have been nnable to endure even for a short period of time. In the year 1808, Humjihrey Marshall, a gentleman of whom we have already made mention, became a member of th»; legislature of Kentucky. He was, at that time, a man of strong mind and extensive information, but a bit- ter federalist, and an unwearied opponent of Mr. Clay. Mr. Marshall had repeatedly assailed Mr. C. and liis 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- <>i to be a willingness on the part of the other members, to bring them mto 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 siHiaker's chair, he would not have an opix)rtunity of meet- mg 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 couraging 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 demagogue, and applied a variety of epithets to its author, which no parliamentary rules could justif}^ Mr. Clay's language in replj^, was probably of a harsh character, and the quar- rel proceeded from one stage to another, till, according to the lav/s 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 ejtchanged without other effect than a sliglit wound to Mr. Marshall. On the second or third trial, Mr. Marshall's ball gave Mr. Clay a slight flesh-wound 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 uU its forms, should be reprobated. We have no doubt, that Mr. Clay erred in this affair with Mr. Marshall, and it is said, that he him- self looks back to 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 manufactiu'es — 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 with 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 con>- bat. His is a spirit that knows not to bow down or trem- 44 BIOGRAPHY OF ble in the presence of an enemy, whatever may be the character under which that enemy presents himself. A measm-e which Mr. C. carried through the house of representatives, in 1809, is deserving of particular notice, on account of the important principle involved in it. At the August election, the citizens of Hardin countj^, 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 ca^e 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 disqualification for a seat. In spite of tliis 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 majority. When, however, Mr. W. again' presented himself before the house, his case came up for consideration, and the ministerial party, who constituted a majority of the com- mons, decided that, inasmuch as he was ineligible at the 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, thej not only ex eluded PJr. 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. Clay, 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 v/hich 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. Ha3^craft held an of- fice of profit under the commonwealth, at the time of the election, the constitutional disqualification attaches and excludes him — he(fcs ineligible, and therefore cannot be entitled to his seat." " It remains to inquire into the pretensions of M\: 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 pretended, that they were given by persons not qualified according to the constitu- tion; and consequent!}^, if rejected, it must be, not for any inherent objection in themselves, but because they have been bestowed in a manner forbidden by the constitulioft 46 BIOGRAPHY OF 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 they 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 ]\li-. Haj^craft, 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 your 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 disqualification 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 is 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 seat of Mr. Thruston, by a vote of two to one. Here his HENRY CLAY. 47 services 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 body. 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 bj- 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 faifc 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 first 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 eff'ort at the present time was in favour of the encouragement of do- mestieic manvfactures, 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 m.oney for procuring supplies of cordage, €ail-cloth, and other munitions of war, came before the senate, and*n amendment was proposed, that preference should be given to articles of American growth and manufacture, w^henever 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 followed, 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 cities of Great Britain, and argued, that the introduction of the system of manufactures into this country would be attend- ed w^ith 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 contmue 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 household 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 i?i 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 comprisuig 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 UNIVERSITY OF ItUNOIS LIBRARY 52 BIOGRAPHY OF Spain made a retrocession of it to France in 1800 by the treaty of St. Ildefonso, and that the United States pur- chased it from the French government as a part 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, or 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 v/hole 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 Ferdido — ho HENRY CLAY. 53 showed to be indispensable to the free navigation of those streams. It was the lever by which nearly the 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 time or place — w^e 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- fair's, without the fear of insulting his Britannic majesty ? Is the rod of British power to be forever suspended over 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 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. Ml. Clay's next considerable effort Jn 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 Mi\ 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 shnnking 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. In 1791, the power is referred to one part of the instrument; in 1811, to another. Sometimes it is alleged to be deduci- 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 em- 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 IX)wer 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 against its legitimate sovereign ! Under the influence of tliis 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 many instances in the constitution, where powers, in their nature incidental, and which would lie- cessarily have been ve^ed along with the principal, are nevertheless expressly enumerated ; and the power to make rules 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 exampla "What does this prove ? How extremely cautious the con- HENRY CLAY. 67 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 restripted 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 diffuse itself throughout society, and to influence all the great operations of credit, circulation, and commerce. Like the Virginia justice, you tell the man, whose turkey 58 BIOGRAPHY OF had been stolen, that your books of precedents furnish no form for his case, but then you 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 3-ou 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 oi'iginal law, establishing the bank, was justly liable to tlie 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 |30wer 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&- Kociation of individuals shall be responsible for their debts HENRY CLAY. 59 only 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 w^ell 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 the state of Ohio ; can this government, for the purpose of creatmg 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? 1 imagine this w^ill hardly be insisted on ; and yet there 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 tlie demand in the market, than there is between this bank and the collection of a tax. This government heis 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 '^^v^iatever, and some one or other of those great powers, as there is between the revenue and the bank of the United States." A.t the time Mr. Clay delivered this speech, the greatest 60 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? T^ok 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 w^ould 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 bj 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 posses- sion of this foreign capital!" HENRY CLAY. 61 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 by 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. b« 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 afpearance in the house^ he was appointed speaker, by a vote of nearly two to one over two 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 per- 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, cither 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, were now assuming a character that indicated an open and immediate rupture. The aggressions upon our rights had become insufferable. 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- vity 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 mere proclamation, 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 suspected of being destined for France, was made a prize. Our ships were seized in the very HENRY CLAY. 65 mouths 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, in 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 own; 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 enemj'-. 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 was 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 favour 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 raging at that day be- tween Great Britain and France, and there was a power- ful party in the United States, 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 v/as 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 name w^as the tower of strength 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 vallej'' of his country. On the 27th of November, the committee 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 which 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 like 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 r&- mar^s were never fully reported, and, for a knowledge of 68 BIOGRAPHY OF their character, we are more indebted to the testimony of ear-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 " like 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 was probable that a portion of these would be taken from the twenty-five thousand, whom the bill before the 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 Quebec. 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 railitary strength. Before the walls of Quebec, our troops v/ould find their numbers greatly reduced; and Mr. Clay contended, that 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 tv/enty-five thousand men would be by no means too great. Even if HENRY CLAY. 69 all designs of invading Canada were to be abandoned, Mr. Claj 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 arm}'-, 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 difiiision of political information amongst the great body of the people, con- stitutes a powerful safeguard. The American character has been m^uch 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 any other people on the globe. Such a people, consisting of upwards of seven millions, affording a phj^sical 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 m.an 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 impropriety. 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, doing; and she can add but little 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 will say, repeal the law of non-im-portation. 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 a» 72 BIOGRAPHY 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 eifaced 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 should 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 she 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 MENRY CLAY. 73 the last fifteen j-ears, 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 sav/, beyond the petty taxes with vrhicli it commenced, a Jong- 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 right 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 the planters on James River and Richmond, will be inter- dicted. The career of encroachment is never aiTested by 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 our harbours and outlets are blocked up, and we are denied egress from our own waters ? When the burglar is at our door, shall we bravely sally forth and repel his felonious entrance, or meanly skulk within the cells of the castle V After the delivery of Mr. Clay's speech, several efforts! were made to get the bill amended ; but they were all in- 7 74 BIOGRAPHY OP effectual, and the bill was passed hy 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 fitting 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 v/hich 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, wliose 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 establishing. The second description of force referred to by Mr. Clay, was one which^ without often venturing to seek an enemy ID foreign climes, should be competent to beat oflT 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 ihe 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 soon have the means of providing a force, which would to BIOGRAPHY OF empower us to vindicate all our maritime rights. Of the Truth of this opinion, Avhich, at that time, was in direct opposition to public sentiment, the country can now judge. Our surprise has often been excited to find Mr. Clay'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 occupj'- 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, that 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 aid of na- val protection, that point is the mouth of the Mississippi. The population of the whole western country are depend- HENRY CLAY. 77 ant on this 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 diflfer on ihis occasion — to the state of the public feeling in that quarter, whilst the navigation of the Mississippi was with- held by Sppcin ; and to the still more recent period, when the right of depot was violated. The whole country 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 hy 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* 4* ^.. 7S BIOGRAPHY OF llie consequent means of favouring or annojdng the com- merce of particular sections of the countrj^ — will not the i;i0st sanguine amongst us tremble for the integrity of the union ? If, along with Cuba, Great Britain should acquire East Florida, she will have the absolute command of the Gulf 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, v/hilst under the Spanish government, the}-- 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, v/ithout it, no commerce could exist to any extent. " A uiarine," 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 neighbouring 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 element where alone you can then come in contact with him? And, if you do not prepare to protect there 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, 7V 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 Powers — 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 year 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 equivalent 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 country, and the chastiser of our giant foe. Its power broke upon that foe, like 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, 1812. 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 w^as the champion and the guide of the demo- cratic party. No difficulties could weary or withstand his energies. He moved in majestj^, 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. They continued HENRY CLAY. 81 to send out their unprotected trading vessels upon tlie ocean, as if looking forward to years of uninterrupted peace. Had war suddenly commenced while these ves- ocls were abroad, they would, of course, have fallen an al- most indiscriminate piey 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 secrecj^ was soon afterwards removed, and the proceedings became public. Having looked in vain for a satisfactory report of the debate, we shall vranscribe 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 admmistration. " During the discussion of the policy 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 Q,uincy in opposition tO it. There was a moral grandeur in the col- lision of such minds, which I think myself fortunate in having witnessed. " ]\'lr. 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. Q.. professed to believe, that the embargo was not designed as a preparation for war, but as a temporary ro- 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, thai Mr. Gl, in conjunction with one or two other gentlemen, had sent off 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 — ay, 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 tlie 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. Randoli)h 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 through the capi- tol, like a trumpet-tone sounding for the onset. On the eubjeci of the policj' of the embargo, his eloquence, like a Roman phalanx, bore dovrn all opposition, and he put to HENRY CLAY. 83 shame those of his opponents, who flouted the government as being unprepared lor 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 ■\xxny — 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 1 To paralyze the spirit of the country. Has Great Britain abstained from impressing our seamen, and depredating upon our propertj^ 1 I have in my hands an account of the recent capture of the ship Hannibal, worth, with the cargo, 300,000 dollars, nedr o\ir 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 importance of the principles settled by the dis- cussion, entitles the affair to notice. On Thursday, the 84 BIOGRAPHY OF 28th of May, one of IVIr. R.'s personal and political friendis, happening to be in conversation with Mr. Claj, inquired of him on what day the administration part}^ 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 motion 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 to rule, and without affording others an opportunity to reply. Mr. Bibb, who then occupied the speaker's chair, in the momentary absence of Mr. Clay, 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 dut}' 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 — '"'myprppo- eition is, that it is not expedient, at this time, to resort 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 slated 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 compelled 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, ^vithdrew his appeal, at the suggestion of his friend, Mr. Macon. The spealcer next addressed the house in vindication of his course ; and when the question was taken, whether the house would consider Mr. Randolph's resolution, it was decided in the negative, by a vote of 72 to 37. Mr. R. was now compelled to take his seat ; but under the in- fiuence 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 V 86 BIOGRAPHY OF sented 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. Ranrl^^.ph 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 aniici- 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. 88 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 estabhshing 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, without insisting upon an express agreement with regard to the chief points in coii- troversy. His propositions were promptly rejected — reject- ed, too, with a sneer at our country, 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 humihation, 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 strongly HENRY CLAY. 8^ betokened 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 cjuestion upon which their rival powers were exerted. It depended on the issue of thai 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 without a noble swelHng 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 BIOGRAPHY OF ministration had predicted defeat and disgrace, and they appeared willing to establish their reputation as soothsay- ers at the expense of their country — wilhng 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. Gluincy, Randolph, Pitkin, a.M ten or twelve other gentle- men, with a strength, spirit, and perseverance, that would have borne any ordinary antagonist to the earth. Mr. Q,uincy, 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, transgressed 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 Pompeys statue, and sunk down, the heart- broken and unresisting victim of treachery. Mr. Q,uincy, 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 gentlemanly 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 mangy 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, who crawled at the feet of the president, and left their filthy slime upon the carpet of the palace." IVIr. 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 My. C. se- lected their champion as the pecuHar object of retributive justice. Much as A'Ir. 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 fiame 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 mvective, the character of Mr. Jefferson. Mr. Clay's panegpic 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 v/ith the principal theme of discussion, it deserves to be recorded and remembered. The star of IMr. Jeffer- son's fame had reached its orlorious culmination — but men 92 BIOGRAPHY OF were not wanting to attempt to dim its brig-htness with the murky vapom-s 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 country, 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 summit 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 day. No! his own beloved Monticello is not less moved by the storms that beat against its sides, than is this illustrious man, by the howlings 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 ffen- HENRY CLAY. 93 tleman debated it with his usual temper, modercdion, 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 same 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- cration, 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 v/hich Mr. Jeffer- son's services v/ould, 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 reproachfully 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. Clay's remarks upon these incidental topics of Mr. Quincys speech, were merely a prelude to the bursts of eloquence that were to follow — the trickUng of the drop ere the breaking of the fountain. When he came to speak of the critical situation of the country— of the power and spirit of our enemy — 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 concen 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 cUng to us Uke a leprosy, if we 3'ielded 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 boUing surge." It has been said by those who listened to Mr. C.'s speech, that his sarcasm upon the federahsts was overwhelmmg. 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 impeded for the last twelve years, is singular, and, I believe, unex- HENRY CLAY. 95 ampled in the history of any country. The administra- tion has not been forgetful of its solemn obligations. No art has been left unessayed — no experiment, promising a favourable result, left untried — to maintain the peaceful relations of the country. When, some six or seven years ago, the affairs of the nation assumed a threatening as- pect, a partial non-importation was adopted. As they grew more alarming, an embargo was imposed. It would have accomplished its purpose, but it was sacrificed upon the altar of conciliation. Vain and fruitless attempt to propitiate! Then came along the non-intercourse; and a general non-importation followed in the train. In the mean time, any indications of a return to the pubhc law and the path of justice, on the part of either belligerent, are seized upon with avidity by the administration — the arrangement with Mr. Erskine is concluded. It is first applauded, and then censured by the opposition. No matter with what unfeigned sincerity, with what real ef- fort, the administration cultivates peace, the opposition in- sist, that it alone is culpable for every breach that is made between the two countries. Restriction after restriction has been tried — negotiation has been resorted to, until fur- ther negotiation would have been disgraceful. Whilst these peaceful experiments are undergoing a trial, what is the conduct of the opposition ? They are the champions of war — ^the proud, the spirited, the sole repository of the nation's honour — the men of exclusive vigour and ener- gy. The administration, on the contrary, is weak, feeble, and pusillanimous — ' incapable of being kicked into a war.' The maxim, * not a cent for tribute, millions for defence,' is loudly proclaim.ed. Is the administration for negotiation ? The opposition is tired, sick, disgusted with negotiation. They want to draw the sword and avenge the nation's wrongs. When, however, foreign nations, 90 BIOGRAPHY OF ferhaps emboldened bj the very opposition here made, refuse to hsten to the amicable appeals which have been repeated and reiterated bj the administration to their jus lice and to their interests — when, in fact, war with one of them has become identified with our existence and our sovereignty, and to abstain from it was no longer possible, behold the opposition veering round, and becoming the friends of peace and commerce. They tell you of the ca- lamities of war — its tragical events — the squandering away of your resources — the waste of the public treasure, and the spilling of innocent blood — ' Gorgons, hydras, ^and chimeras dire.' They tell you, that honour is an illusion ! Now we see them exhibiting the terrifick forms of the roar- ing king of the forest. Now the meekness and humility of the lamb ! They are for war and no restrictions, when the administration is for peace. They are for peace and restrictions, when the administration is for war. You find them tacking with every gale, displaying the colours of every party and of all nations, steady only in one un- alterable purpose, to steer, if possible, into the haven of power." Mr. Clay's remarks upon the subject of the impressment of American seamen by Great Britain, constitute one of the finest appeals in the language, and have been exten- sively admired. It appears that, in 1776, congress passed a bill in favour of furnishing our seamen with certificates of citizenship, to prevent their being mistaken for British subjects. " We are told by gentlemen in the opposition, that go- vernment has not done all that was incumbent on it to do, to avoid just cause of complaint on the part of Great Britain ; that, in particular, the certificates of protection authorized by congress, are fraudulently used. Sir, go- vernment has done too much in granting those paper pro- HENRY CLAY. 97 tactions. I can never think of them without being shock- ed. They resemble the passes which the master grants to his negro slave, ' let the bearer, Mimgo, pass and repass, without molestation.' What do they implj^? That Great Britain has a right to seize all who are not provi- ded with them. From their very nature, they must be liable to abuse on both sides. If C4reat Britain desires a mark by which she can know her own subjects, let her give them an ear mark. The colours that float from the mast head, should be the credentials of our seamen. It is impossible that this country should ever abandon the gal- lant tars who have won for us such splendid trophies. Let me suppose, that the C4enius of Columbia should visit one of them in his oppressor's prison, and attempt to recon- cile him to his forlorn and wretched condition. She would say 'to him, in tlie language of gentlemen on the other side, '■ Great Britam intends yow no harm ; she did not mean to impress you, but one of her own subjects; having taken you by mistake, I will remonstrate, and try to prevail on her, by peaceable means, to release you, but I cannot, my son, fight for you.' If he did not consider this mere mocker}-, the poor tar would address her judge- ment, and say, 'You owe me, my country, protection; I owe you, in return, obedience. I am no British subject — I am a native of old Massachusetts, where live my aged father, my wife, my children. I have faithfully dis- charged my duty. Will you refuse to do yours ?' Ap- pealing to her passions, he would continue, ' I lost this eye in fighting under Truxton, with the Insurgente; I got this scar before Tripoli; I broke this leg on board the Constitution, when the Guerrier struck.' " There was something in the impassioned gesture and pathetick tone Qf utterance which distinguished this appeal, that the 9 98 BIOGRAPHY OF feeling which dictated it passed from man to man, as if one mysterious chain of sympathy connected every bosom. The editor of the National Intelligencer declares, that the pathetick effect produced by the appeal, admits not of description. Although the day was extremely cold, so cold that Mr. Clay, for the only time in his life, was unable to keep himself warm by the exercise of speaking, there were few individuals in the house who did not bear witness, by their streaming eyes, to the orator's control over their sensibilities. Members of both political parties — men whose patriotick souls had been sustained by his eloquence, and those who had been writhing and ago- nizing under his indignation — forgot their antipathies and wept together. This has always been one of Mr. C.'s re- markable powers. He is such, a perfect master of the lan- guage, tone, and look of passion, he addresses himself to the deeper feelings with such mysterious skill, " Untwisting all the chains that tie The hidden soul of sympathy," that opposing spirits feel the influence of his power, and, " like kindred drops, are mingled into one." The principal point upon which the federalists insisted, in their opposition to the army bill, was the injustice and impolicy of invading Canada — the object for which the additional military force was proposed to be made. Mr. Gluincy contended, at great length, that to attack the Ca- nadians would be v/anton, senseless, and cruel — that these people and the citizens of the United States had lived in the constant reciprocation of friendly and tender offices — that, as enemies, we had nothing to fear from them— that to grasp at their possessions for the offences of Great Bri- HENRY CLAY. 99 tain, iSvould be an act worthy only of politicians who wor- shipped in the temple where Condorcet was priest, and Machiavel, God — that the defeat of our armies was ce- lestial glory in comparison with it — and that the 3'eoman- ry of the country would listen to the winding of the horn, that should call them on such an expedition, with as much apathy as they would hear the music of a banjoo or a jews-harp. To these considerations Mr. Clay replied with great force, and with complete triumph. " Canada," exclaimed he, " innocent ! Canada unoffending ! Is it not in Cana- da, that the tomahawk of the savage has been moulded into its death-like form? Has it not been from Canadian magazines, -Maiden and others, that those supplies have been issued, which nourish and continue the Indian hos- tilities ? Supplies, which have enabled the savage hordes to butcher the garrison of Chicago, and to commit other horrid excesses and murders? Was it not by the joint co-operation of Canadians and Indians, that a remote American fort, Michilimackinack, was assailed and re- duced, while in ignorance of a state of war ? What does a state of war present ? The united enei;gies of one peo- ple arraj-ed against the combined energies of another — a conflict, in which each party aims to inflict all the injury it can, by sea and land, upon the territories, property, and citizens of the other, subject only to the rules of mitigated war practised by civilized nations. The gentleman would not touch the continental provinces of the enemy, nor, I presume, for the same reason, her possessions in the West Indies. The same humane spirit would spare the seamen and soldiers of the enemy. The sacred person nuist not be attacked, for the learned gentlemen on the other side, are quite familiar with the maxim, that the king can do no wrong: Indeed. I know of no person, on whom we may 100 BIOGRAPHY OF make war, upon the principles of the honourable gentle- man, but Mr. Stephen, the celebrated author of the Orders in Council, or the board of admiralty, who authorize and regulate the practice of impressment !" " An honourable peace is attainable only by an efficient war. My plan would be to call out the ample resources of the country, give them a judicious direction, prosecute the war with the utmost vigour, strike wherever we can reach the enemy, at sea or on land, and negotiate tlie terms of a peace at Quebec or Halifax. In such a cause, with the aid of Providence, we must come out crowned with success ; but, if we fail, let us fail like men, lash our- selves to our gallant tars, and expire together in one com- mon struggle, fighting for free trade and seam'en's rights." We have no room for the great body of this speech, nor are we willing to impair the strength and force of the main argument by the exhibition of its disjointed parts. The character of the whole display can best be learned from its effects. These were all-powerful. In giving to con- gress new energies and a new soul, the speech exerted al- most a creative power. The opposition to the war was paralyzed, and became, at once, feeble and inefficient. Bills for raising military forces were passed without a dis- senting vote. A noble and enthusiastick feeling was dif- fused throughout the country. Publick opinion was, far and wide, aroused in favour of the war, and its majestick roar shook down the unconsecrated temples of treason, and bared their secrets to the light of heaven. Patriot an- swered aloud to patriot — the sentinels of freedom caught up the watch-word — from town to town the signal-fires flashed free — and all things proclaimed, that the spirit of ^ the co'mtry was up for glory. Mr. Clay continued in congress, ministering, on all oc- casions, to the martial energies of his countrymen, until HENRY CLAY, 101 January, 1814, when, in consideration of his matchless services, his thorough knowledge of American rights, and the zeal he had shown in their defence, he was appointed one of the commissioners to negotiate a treaty of peace. The official duties which now devolved upon him, required him to resign the speaker's chair. At this time, his influ- ence in the liouse of representatives was equal to that which he had exercised, some years before, in the legislature of his adopted state. His friends and his enemies agree in the remark, that his power was almost unlimited. His ' party was a majority in the house, and, so unbounded was the confidence which its members reposed in his wisdom and integrity, that he could sway them by a motion of his hand. Whenever the course of a discussion failed to meet his approbation, he descended from the chair, and, by mingling in the debate, gave, at once, a new character to the proceedings. His resignation was tendered on the sixteenth of Januarj^, and accompanied by a beautiful and affecting speech, which touched everj- heart in the Assem- bly, and unsealed many a fountain of tears. In the gene- rous feelings of the hour, even the federalists wept freelj', that a master-spirit was going out from among them. A resolution, thanking him in fervud language for the impar- tiality with which he had administered the arduous duties of office, v/as passed almost unanimously — only eight or nine members voting against it. Probably there was no other man in the nation, who, at that stormy period, could have presidcu with such signal energy over the delibera- tions of the popular branch of congress, and yet have commanded the approbation of so vast a majority of both political parties. 9* 102 BIQGRAPHT OF" SECTION THIRD. The negt)tiations for peace, which were commenced to- ward the close of 1813, had their origin, in a proposition, of Alexander, the emperor of Russia, to act as- a mediator between the two belligerent powers. Great Britain declined the mediation of the emperor, alleging, that the causes which had led to the declaration of war, involved certain maritime and internal regulations of the British realm,, which could not properly be submitted to the arbitrament of any foreign power, but, at the same time, she expressed an entii'e willingness to negotiate directly with the Ameri- can Plenipotentiaries, either at London, or any other con- venient place, on which the two governments might agree. Xo objection was made to this proposal, and our commis- sioners, Henry Clay, John Q. Adams, James A. Baj-ard, Albert Gallatin, and Jonathan Russell, were directed to pro- ceed to Gottenburg, the place first designated, from whence the negotiation was afterwards transferred to Ghent, where tliey met the British commissioners, Lord Gambler, Henry Goulburn, and William Adams. At the first interview, the negotiation was opened on the part of the British commission- ers, b}^ the expression of an ardent desire for the cessation of hostilities, and an assurance that their government was ready to do every thing consistent with national honour, for the purpose of effecting an object so desirable. Mr. Adams, in behalf of the commissioners of the United States, and the government under which they acted, ex- pressed an entire reciprocation of these sentiments, and a -iisposition to lay the foundation of peace, upon just and liberal crounds. HENRY CLAY. 103 The publick are necessarily less- familiar with the details of Mr. Clay's services at Ghent, than with the other inci- dents of his political life ; but no one doubts that he carried with him, into the foreign councils of his country, the same high-mindedness and expansion of intellect, that have been with him, hke attendant spirits of good, in eveiy visible part of his career. It has been stated, on the highest authority, that, in the verbal discussions which took place between the representatives of the two countries, as well as in those which were- confined to the American commis- sioners, a very conspicuous part was always performed by Mr. Cla}^ For this he was peculiarly qualified by the exceeding readiness and soundness of his thoughts, the fluency and force with which he imparted them, and the unconquerable array of argument which he could,, at all times, call to their support. One of his colleagues, Mr. Adams, had long been a publick man, and, for logical acuteness^ and extent and accuracy of diplomatick know- ledge, was perhaps never surpassed by any statesman of any age : another of them, Mr. Gallatin, was a man of great and varied experience and attainments, acute, subtle, and powerful; and a third, Mr. Bayard, had been, during a long course of years, an eminent and eloquent debater in the" national legislature ; but, without disparaging the well- established fame of either of these gentlemen, we may be allowed to say of Mr. Cla}', that he was superiour to them in oral debate, and consequently better fitted to exercise a controlling power over the character of the negotiations. Plural commissions, constituted for diplomatick service, are most frequently liable to divisions and dissentions among the members. The cause is to be found in the dif- ference of tempers, dispositions, and attainments, and in those jealmisies to which, most men are too often prone. In the Ghent commission, however, although composed of 104 BIOGRAPHY OF an unusual number of members, an extraordinary degree orf" harmony prevailed. On account of their remoteness from their own countrj-, and the consequent difficulty of free and frequent intercourse with their government, they lalx)ur§d under a great disadvantage, to which the British commissioners were not exposed. The former were often thrown upon their own responsibility, and this was espe- cially the case, when thej^ decided, at an early stage of the negotiation, to reject the sine, qua non of the British government — a step which might have led to a rupture of the negotiation, and an indeiinite protraction of the war. Great, however, as was theh responsibility, they did not shrink from it. The representatives of Great Britain, on the other hand, transmitted every important note which they received from those of the United States, to the British ministry, and obtained, in substance, if not in express terms, the answer which they were to return. Thus the American representatives were treating, in fact, with the whole British ministry. How honourably they acquitted themselves, has been decided by the united voice of Eu- rope and America. Their superiority in the correspond- ence was admitted in the house of lords. We do not profess to know by whom each of the several state pa- pers addressed by them to the British plenipotentiaries was written, but it would be difficult for any man to read the whole series, without being convinced, that the honoura- ble peace, in which the correspondence resulted, is to be ascribed almost as much to the sagacity and fidelity of our commissioners, as to the bravery of our soldiers^ and the memorable exploits of our gallant marmers. In manli- ness, strength, and classick purity of style, in extent and compass of disquisition^ and in richness and felicity of il- lustration, those papers admit of a favourable comparison with the best political essays in the English language. HENRY CLAY, 105 It is not within our province, at this time, to dwell at length upon the debates which took place at Ghent on the various differences between the United States and Great Britain. The terms of the peace are generally understood. On one point alone, during the progress of the negotiation, did any serious division arise among tlie American commissioners, and that related to the fisheries, and the navigation of the Mississippi river. As Mr. Clay was the most prominent man in the discussion, and as the publications, to which it afterwards gave rise, have been the occasion of much popular excitement, it is, perhaps, our duty to give a concise statement of the circumstances under which it occurred. By the third article of the definitive treaty of peace af 1783. between Great Britain and the United States, it was stipulated by the contracting parties, " that the people of the United States should continue to enjoy unmolested the right to take fish of every kind on the Grand Bank, and on all the other banks of Newfoundland : also, in the Gulf of St. Lawrence, and all other places in the sea, where the inhabitants of both countries had used at any time to fish; and also, that the inhabitants of the United States should have liberty to take fish of every kind on such p^art of the coast of Newfoimdland as British fishermen might use^ (but not to dry or cure the same on that island,) and also on the coasts, bays, and creeks of all other of his Britannick majesty' s dominions in America ; and that the American fishermen should have liberty to dry and cure fish in any of the unsettled bays, harbours, and creeks of Nova Scotia, Magdalen Islands, and Labrador, so long as the same might remain unsettled ; but, so soon as the same, or either of them, should be settled, it should not be lawful for the said fishermen to dry or cure fish at such settlement, u-ithoui 106 BIOGKAPHY OF a previous agreement for that purpose ivith the inhabitants^ 'proprietors, or possessors of the groundP Bj the eighth article of the same treatj^, the parties further contracted, that '^ the navigation of the river Mis- sissippi, from its source to the ocean, should ever remain free and open to the subjects of Great Britain and the citi- zens of the United States." In the treaty of 1794, negotiated by Mr. Jaj^, it was fur- ther stipulated, that the river Mississippi should, according to the previous treaty of peace, be entirely open to both parties ; and, " that all the ports and places on its eastern side, to whichsoever of the parties belonging, might be freely resorted to and used by both parties, in as ample a manner as any of the Atlantick ports or places of the Uni- ted States, or anj' of the ports or places of his majesty in Great Britain." At the date of both these treaties, Spain possessed the sovereignty of the entire western side of the Mississippi, from its mouth to its source ; and of both sides from its mouth to the thirty-first degree of north latitude. From that point to the source of the river, the residue of the- eastern side belonged to the United States, but an errone- OLis opinion prevailed, that the British territory would in- clude a small portion of the upper part of it, when the line- came to be marked from the Lake of the Woods, as provi- ded in the definitive treaty of peace. The United States and Great Britain, therefore, being- regarded as the sovereigns of only a part of one bank of the river, and Spain being the exclusive sovereign of its mouth, a stipulation for its free navigation between the two first-named parties, even allowing tbem all the terri- tory they claimed, could operate so far only as the corn tracling parties themselves had a right to give it effect, that is, to the extent of their respective territories border- HENRY CLAY. 107 ing on the river. If they had a right to navigate it within the jurisdiction of Spain, that right could not be founded upon their compact, but upon the laws of nature, which give to nations, who inhabit the banks of the upper part ol a river, the right of free access to and from the ocean, al- though a different nation may be the sovereign of the mouth of the river. The situation of the United States and Great Britain, at the epoch of the treaty of Ghent, was totally difFerent both from what it was in fact, and from what it was sup posed to be, at the dates of the treaties of 1783 and 1794. Subsequently to this latter period, in 1803, the United States acquired by treaty the province of Louisiana, and, consequent!}^, obtained all the previous rights of Spain in regard to the Mississippi. Further, prior to the treaty of Ghent, it had been ascertained, that the British line, de- signated in the treaty of 1783, to run from the Lake of the Woods to the Mississippi, would not' strike that river at all, but would pass above its source. Thus the United States were, at the period of the treaty of Ghent, the sole and exclusive proprietors of the river Mississippi, from its mouth to its source. It being within their jurisdiction alone, Great Britain had now no more right to demand its free navigation, than she had to demand that of the Hudson, or any other river of the United States. The American government had been informed prior to the preparation of instructions for the commissioners at Ghent, that Great Britain intended to attempt our exclu- sion from the fisheries ; and the commissioners were in- structed not to. allow our rights to be brought into discus- sion. They were further instructed, not to renew the sti- pulation in Ja/s treaty, by which each party was allowed to trade with the Indians inhabiting the territory of the other, nor to grant to the subjects of Great Britain the 108 BIOGRAPHY OF right to the navigation of any river exclusively within our jurisdiction. At an early period of the negotiation at Ghent, the Bri- tish notified the American commissioners, that they would not agree, without an equivalent, to the renewal of our li- berty to catch, and cure, and dry fish, within the British exclusive jurisdiction ; but they did not contest our right to fish on the high seas, or the Grand Bank, and other banks of Newfoundland, When the American commissioners were engaged in preparing the project of a treaty to be offered to the other party, a question, in consequence of the above notifica- .tion, arose among them, as to what should be proposed in regard to the fisheries. They appear to have been divided on the point, whether the contract in relation to the fishe- ries, in the treaty of 1783, expired with the breaking out of the war, or whether, from the peculiar nature of that treaty, being one by which an empire was severed, and a new^ power acknowledged, the stipulation did not survive the war. Mr. Claj^, and perhaps all the other commis- sioners except Mr. Adams, believed that the general rule of the public law applied to the case, and that the stipu- lation ceased with the declaration of war. Mr. Adams entertained the contrary opinion. All were, of course, desirous that we should not lose any right or liberty which we had enjoyed prior to the commencement of hostilities ; and it is clear that, if the stipulation in question survived the war, and was, from its nature, imperishable, no new stipulation was necessary to its validity. In consequence, probably, of the doubt on this subject, Mr. Gallatin proposed to insert, in the project of a treaty, an article, providing for the renewal, on the one hand, of the rights and liberties to us in the fisheries, and, on the other, of the right to the navigation of the Mississippi HENRY CLAY. 109 to Great Britain, as had been provided for in the tr<^aty of 1783. To the introduction of such an article Mr. Clay objected, and a long, animated, and anxious discussion en- sued, conducted principallj^ by Mr. Gallatin on the one side, and Mr. Clay on the other. It is described by Mr. C. in a letter addressed, in 1822, to Jonathan Russell, one of the commissioners, and since published by the latter, in violation of the confidence (1) in which it was addressed to him. Finally, upon taking the vote, whether the navigation of the Mississippi should be oifered to Great Britain, as an equivalent for the fishe|-ies, Messrs. Adams, Gallatin, and Bayard, were in favour of it, and Messrs. Clay and Russell against it. Upon perceiving the state of the vote, JMi". Clay informed his colleagues, that he felt in candour bound to say to them, that he would affix his signature to no treaty which contained such an offer. After this de- claration, Mr. Bayard left the majority ; and, uniting with Messrs. Clay and Russell, made a majority against the insertion of the proposed article, and therefore it was not iriseited. The arguments which were urged on this interesting occasion, are no where stated at full length. They can only be gleaned from documents, inferred from the nature of the subject, or ascertained from the testimony of the commissioners themselves. We ha,ve been informed by the friends of the commis- sioners, that in behalf of the article it was contended, that the Americans ought not to come out of the war with the loss or jeopardy of any right or liberty, that appertained to the nation prior to its commencement ; that it was, at least, possible, that such would be the fact, if the treaty (1) See Appendix. 10 110 BIOGRAPHY OF were silent in regard to the fisheries; that, in such case, a powerful opposition to the general government would be furnished with a plausible pretext for abusing the admi- nistration ; that the right of navigation of the Mississippi, the contemplated equivalent to the British for the grant to us of a right in the fisheries within their exclusive juris- diction, was one which had not been, and could not be, used to our prejudice; that the instructions from our go- vernment not to let our right to the fisheries be brought into discussion, related generally to the whole affair of the fisheries, without discriminating between those which ex- isted on the high seas, and those within the British exclu- sive jurisdiction; and that, if the American government had received the notification which had been given to the American commissioners, respecting the exercise of the fishing liberty within the British jurisdiction, authority would probably have been given for the article proposed. Mr. Clay insisted, on the other side, that, as the Missis- sippi was exclusively within our jurisdiction, the article could not be proposed without a positive violation of the instructions of government ; that, if the government had been acquainted with the notification given to the Ameri- can commissioners, it was by no means certain, but highly improbable, that authority would have been given to re- new the privilege of navigating the Mississippi, in consi- deration of the renewal of our right to the fisheries ; that there was no connexion between the Mississippi and the fisheries — none in the treaty of 1783 — none in their na- ture — and they were as remote from each other in their local situation, as they were distinct in their nature ; that, if Great Britain had not, prior to that period, availed her- self of the stipulation in the treaties of 1783 and 1794, it might have been because of the obstacles presented by Spain, who had denied the United States the right of na- HENRY CLAY. Ill "vigation until the year 1795, and shortly afterward inter- rupted it; that, from the period of 1803, when, by the treaty of Louisiana, we acquired the incontestible right to the navigation, our relations with Great Britain had been, during a great part of the time, such as not to admit of her enjoying it ; that the right to navigate the Mississippi, would give Great Britain free access to the Indians of the north-west, and we knew, by past experience, that she might exert an influence over them, to annoy and harass our frontiers ; that it was wrong to select, from all the ri- vers of the United States, the noblest, and to subject it^ altogether within our limits, to conditions from which all others are free ; that the United States, now, by the acqui sition of Louisiana, stood on grounds totally different from those which they occupied in 1783 and 1794; that, as Great Britain was now known to have no territory bor- dering on the river, she could have no pretence for asking its navigation, which would not apply to the Potomac or any other American river, and she could not ask it but for unfriendly or improper purposes; that the people of the -^/est had always been justly sensitive to whatever related to the navigation of the Mississippi, and would regard the proposed article as an unnecessary sacrifice of a para- mount interest of theirs, for an object with which it had no sort of connexion ; that the liberty of fishing within the British jurisdiction in question, was restricted and con- tingent — our fishermen not being at liberty to cure and dry fish on the island of Newfoundland, or on the unset- tled bays, harbours, and creeks of Nova-Scotia, Magdalen islands, and Labrador, except so long as they remained unsettled, without the permission of the inhabitants; and that it was best for the commissioners to conform to in- structions, and depend on future negotiation. It has been already stated, that a majority, by the ac- 112 BIOGRAPHY OF cession of Mr. Ba3^ard, decided not to offer the proposed article. In lieu of it, they adopted the following- clause in their note to the British commissioners, prepared and proposed by Mr. Clay : " In answer to the declaration made by the British ple- nipotentiaries, respecting the fisheries, the undersigned, referring- to what passed in the conference of the 8th of August, can only state, that they are not authorized to bring into discussion any of the rights or liberties which the United States have heretofore enjoyed in relation thereto. From their nature, and from the peculiar charac- ter of the treaty of 1783, by which they were recognized, no further stipulation has been deemed necessary by the government of the United States, to entitle them to the full enjoyment of all of them." Subsequently, the British commissioners returned their counter project of a treaty, among the articles of which was one proposing to renew to the British nation the right to navigate the Mississippi, without any equiva- lent. Upon consideration of this article by the American commissioners, the question arose, what answer should be given to it. Mr. Clay proposed that it should be stricken out, and not made a part of the treaty ; but the same ma- jority which had been originally in favour of coupling the fisheries and the navigation of the Mississippi together, were again in favour of accepting the British article, with the condition that there should be a renewal of all our rights and liberties in the fisheries, as they existed by the treaty of 1783. Mr. Clay having previously announced his set- tled purpose to subscribe no treaty which should compre- hend such an article, did not repeat the annunciation of his unalterable determination, lest it should be under- stood as a menace. Upon the proposition of the article, with its modification, the British commissioners declined HENRY CLAY. 113 accepting it ; and it was then concluded to abstain from niserting any article in the treaty, in respect either to the fisheries, or the navigation of the Mississippi. Thus was the father of rivers forever, it is to be hoped, released from all foreign incumbrance in respect to naviga- tion ; whilst, on the other hand, by a treaty with Great Britain, concluded in 1818, the American right to the fisheries was satisfactorily secured. In this, as in almost every other instance, time has demonstrated the wisdom of the policy insisted on by Mr. Clay. Although the suc- cess of that policy was owing less to the co-operation of his colleagues than to the obstinacj" of the British pleni- potentiaries, his merit in defending it is not to be underva- lued on that account. The views which were taken by him in 1814, are now the views of the American people. The importance to our country of the exclusive naviga- tion of the Mississippi, is, at present, properly appreciated ; and we may safely say, that its navigation could not now be obtained by Great Britain, in exchange for the most valuable privilege in her gift. It should be recorded, in honour of Mi'. Clay's liberality of feeling, that although a majority of the commissioners had been opposed to him on the subject of the Mississippi, he did ample justice to the purity of their motives, in a speech which he delivered in Congress, during the session of 1815 — 16. The negotiation of the treaty of Ghent may be safely pronounced one of the most successful in the history of our foreign relations. It was concluded at a time when the whole power of Britain was directed against us — a power which had wrestled single handed with half the nations of Europe. The star of Napoleon had gone down, not, indeed, forever — ^but to rise only with that sickly and ominous glare which was quenched on the plains of Belgium. The ambition which had threatened 10* 114 BIOGRAPHY OP England with irresistible invasion, was no longer to Ije dreaded ; and our country was left to contend with the colossal strength of an enemy, which had torn the diadem from the brow of the hero of Austerlitz, and shaken asun- der the confederation of the Rhine. Under such circum- stances it was, in truth, a responsible and an unwelcome task, to negotiate a treaty of peace and amity with the commissioners of Great Britain. But the result has proved, that this task, difRcult as it may have been, was wisely and faithfully executed. The honour of our coun- try was preserved; — the objects for which we had contended were secured by the general spirit, if not by the letter of the treaty ; and the clamours of faction were hushed into silence, by the honourable termination of a struggle, which had been denounced as the certain precursor of our downfall. It is to be regretted, that a controversy of an unplea- sant nature should have since arisen between two of the distinguished commissioners of the United States, in refe- rence to this treaty. We shall enter upon the subject of this controversy only so far as it relates to Mr. Clay. On the day after the signing of the treaty of Ghent, our commissioners wrote a joint letter to the Secretary of State, explanatory of the course they had taken du- ring the latter part of the negotiation ; and containing a concise and summary narrative of the proceedings of the mission in relation to the fisheries and the navigation of the Mississippi. That part of the letter which referred to the offer of the navigation, was made to read, as an offer by a majority only of the American mission. The word " majority" was inserted through the agency of Mr. Russell, at the desire of Mr. Clay. In a letter of the same date, to the Secretary, Mr. Russel acknowledged that he was in the minority on that question, and reserved to him - « HENRY CLAY. 115 self the power of stating his reasons for differing from his colleagues. These reasons were given by hirn in a letter, written at a subsequent period. At the ratification of the treaty of peace, only a part of the con'espondence of the negotiators was given to the publick. The rest remained safely locked up in the ar- chives of the government, until the spring of 1822, when a call was made for it by the house of representatives, and soon after for the letter of Mr. Russell, where he assigned his reasons for differing from the majority of his col- leagues on the subject above mentioned. In answer to this latter call, the president, in his message to the house, stated that no letter or communication of that description was on file in the state department, but that he had found one among his own papers. Prior to this discovery, Mr. Russell delivered to the secretary of state a document, pur- porting to be the duplicate of the one found among the private papers of the president. Both of these letters were transmitted to the house, together with some remarks from Mr. Adams, explanatory of the views of a majority of the negotiators, and in vindication of their conduct. To this Mr. Russell replied, through the columns of a pub- lic paper ; and in turn called out Mr. Adams, through a similar medium. The disputants were severe upon each other ; but neither the conduct nor the motives of Mr. Clay were impeached by either. Both seemed to consider that he had acted well the part which his country had as- signed him. Some errors, however, into which Mr. Ad- ams had fallen, relative to the part w^iich Mr. Clay had taken, in regard to the navigation of the Mississippi and the fisheries, were alluded to by the latter in a brief note, published in the Washington Intelligencer, in 1822. Ir. this note, Mr. Clay declared himself unwilling, at a time so unpropitious to calm and dispassionate investigation, tc .• 116 BIOGRAPHY OF enter into the particulars of the Ghent negotiation, and stated, that under such circumstances he would not even be provoked into a controversy with either of his late col- leagues. He intimated, however, that at a season better suited to deliberation and reflection, he would give his views to the publick. We have been informed bj the intimate friends of Mr. Clay, that he considers the partial pledge given by him to the publick, to have been redeemed by the unauthorized publication, in the autumn of 1828, of his private corres- pondence with Mr. Russell. In that correspondence, Mr. Clay states, with a characteristick frankness, the views he entertained at Ghent, of the nature of the treaty of peace of 1783 with Great Britain, and of the effects produced upon the stipulations of that treaty, by a declaration of war. He speaks of the discussions among the American commissioners, respecting the fisheries, and the navigation of the river Mississippi, and of the part taken by him in those discussions. But although differing from a majo- rity of the mission on some points, especially from Mi*. Adams, he no where impugns the integrity, the honesty, or patriotism of their motives. HENRY CLAY. 117 PART THIRD. SECTION FIRST. On the return of Mr. Clajto America, after the discharge of his important mission, he was every where received with the Hveliest demonstrations of gratitude. In Ken- tucky, in particular, the tide of feeling in his favour was high and irresistible. Even before his arrival, he was unanimously elected a member of congress from the dis- trict he had formerly represented. But some doubts ari- sing as to the legality of his election, while absent from the country, a new one was ordered, which resulted in a similar expression of the popular will. At the commence- ment of the next session of congress, he was elected speaker of the house by an almost unanimous vote. Although the return of peace had brought gladness to al- most every bosom, and had been hailed by illuminations, bon- fires, and thanksgivings, yet a high and an important duty remained to be performed by the representatives of the na- tion. The publick credit was impaired — the circulating medium disordered — the paper currency depreciated — a large debt was to be liquidated. A multitude of laws, which had been passed during the embargo, non-inter- course, and war, were to be repealed, and new ones enacted, better suited to the change in our national condition. The army and the navy were to be regulated by a proper peace establishment. In addition, new interests had risen up, which loudly called for governmental protectioik Our relative situation was changed. The pacification of all Europe, by the prostration of the power of Napoleon, had left the nations at liberty to cultivate the arts of peace, and call forth their own internal resources. We could no longer enjoy the carrying trade without competition, or 118 BIOGRAPHY OF supply the markets of the whole world with the rich and Taried productions of our soil. Such was the condition of our affairs at the meeting of the memorable congress of 1815 — 16. The first business that invited its attention was the restoration of the na- tional currency to a sound condition. Various projects had been recommended, *but none of them had been car- ried into effect, or if carried into effect, had failed to pro- duce the desired result. At the opening of the session, Mr. Madison, in his message, called the attention of con- gress to this subject, and suggested to their consideration the propriety of establishing a bank. The sad experience of four years, had convinced him and many of his distin- guished political coadjutors, that our currency could never be kept in a healthy state, or our publick revenue collected cuid disbursed with faci^lity, without the assistance of such an institution. The subject was referred to its appropriate committee ; and in January, 1816, Mr. Calhoun, the chair- man of that committee, reported a bill for the establish- ment of a national bank. Mr. Clay, while a member of the senate, in 1811, had q^posed the re-chartering of the old bank, for reasons which have already been assigned ; but this did not pre- vent him from giving an active support to the bill before the house. His reasons for opposition in the one case, and for support in the other, must be obvious to every man ac- quainted with our political history. In 1811, seven tenths of the capital of the old bank was owned by the inhabitants of England, and by members 0^ the federal party. It was natural, therefore, that the republican party should look with distrust upon a measure, tliat was mainly to benefit Englishmen, and those who had the reputation of being the friends of Englishmen. The subject came up for discussion and deliberation at a HENRY CLAY. 119 most difficult crisis. It was during the time of our com- mercial restrictions, when the leaders of the federal partj had made it a fixed principle of action to oppose every measure of the government, and apologize for every act of British aggression, however oppressive to our com- merce — however destructive to the liberties and lives of our citizens. To re-charter the bank was a federal mea- sure, and would place a vast engine of power in federal hands. It shared the unpopularity of the party which had brought it into existence, and sustained its operations. In 1816 the times had changed, and men, in a measure, had changed with them. At the return of peace, the causes of party division Avere removed, and our legislators had nothing to do but to unite in a common cause — the promotion of the prosperity and happiness of the Union. During the war, the different state legislatures, go- verned by a short-sighted policy, had created a multitude of banking corporations, with powers to issue their bills to an almost unlimited amount, without being under any compulsion to redeem those bills by specie payments. In the course of a few years, they had increased the paper currency of the country from ninety to two hundred mil- lions of dollars. This, connected with a suspension of specie payments, occasioned a great depreciation in the value of the circulating medium — impaired both public and private credit, and almost arrested the fiscal opera- tions of the general government. Relative rights were destroyed; and the constitution was virtually violated in that article, which provides for a uniformity of taxation throughout the United States ; for there could be no uniformity in this particular, so long as the relatire value of bank notes differed in various places more than twenty per cent, on the dollar. In this state of our affairs, it was evidently the duty of congress to exercise its constitu- 120 BIOGRAPHY OF tional powers, for the restoration of the currency of the country to a healthy condition. This was done; and by means of the bank of the United States, a circulating medium has been established, preferable to that of gold and silver. When the bill for the establishment of the bank was before the committee of the whole house, Mr. Clay deli- vered at length his sentiments in favour of its principles and its details. His speech was elaborate and argumenta- tive, and its effect was deeply felt. For the course which Mr. C. took on this occasion, he has been charged with inconsistency. His friends admit that experience has changed his opinions in relation to the necessity of a bank ; but, with this admission, they couple the proud fact, that there is no other instance in the whole history of his life, where he has changed his opinions on an important subject. His ingenuousness is evinced by his having changed once, and his firmness by his having done so but once. And what was it that wrought this single revolution in his sentiments? A mighty event, whose consequences could be learned only from experience — the .occurrence of a war with Great Britain, which changed not only his views of the policy of a bank, but those of almost every other leading politician in the country. In 1811, Mr. C. showed, conclusively, that the existence of a bank was not then necessary to carry into effect any of the enumerated powers and objects of the general govern- ment ; and neither he, nor any other man, without the gift of prophecy, could have foretold that it would ever be necessary. But four years after it was necessary : not only to the exercise of the specifick powers of government, but apparently to the preservation of the government itself It is worthy of remark, that the new bank was esta HENRY CLAY. 121 Wished on a very different foundation from that of the old one. Many of the dangers incident to the operations of the latter v/ere, at Mr. Clay's suggestion, carefully guarded against, in the charter of its successor. Foreign ers are still permitted to be stockholders in the bank ; but they are not allowed to vote in relation to the manage- ment of its concerns ; and the dangers of foreign influ- ence are thus annihilated In the course of the next session of congress — that of 1816, 17 — the celebrated compensation bill was discussed and passed. The events, which grew out of Mr. Clay's support of this bill, are perhaps among the most interest- ing incidents of his history. Probably the circumstances attending the passage of the compensation bill are still very generally remembered. The pay of members of congress, at that time, was six dollars per day ; a sum which was justly considered too small for the country to give, or for them to receive. It barely served to support them during the time they were engaged in the transaction of the business of the nation, and was altogether insufficient to enable them to enjoy the society of their families at the seat of government. Per- petual poverty was, to every poor man, the inevitable con- sequence of a long stay in congress ; and hence, it was becoming unusual for any one to consent to remain there for any great length of time, unless he was either so afflu ent as to stand in no need of remuneration for his publick services, or so deficient in enterprise and talent as to be incapable of earnmg any thing in a private station. Poor men without talent, and rich men without principle, were fast monopolizing the whole legislative department of the general government. The principal question in congress was, in what way the compensation of the members should be increased, 11 122 BIOGRAPHY OF Some were in favour of making an addition to the per diem allowance ; and others thought, it would be more expedient to fix the compensation at an annual salary. In support of the latter mode, it was zealously urged, that its adoption would quiet the jealousies of the people, who, whenever a session was protracted to an unusual length, had never failed to express their suspicions, that the mem- bers were procrastinating the day of adjournment for no other purpose than to secure the continuance of their wa- ges. It is certain that this apprehension, absurd as it was, had become very general, and done a serious and extensive injury, by impairing the confidence of the peo- ple in their representatives. Mr. Clay preferred the in- crease of the daily wages to the institution of a salary, and expressed himself decidedly to that effect ; but, find- ing that the majority were against him, he did not think it advisable to press his own opinions too vehemently- Convinced as he was of the necessity of raising the com- pensation in one way or another, he deemed it better to yield to the majority, than by a strong opposition to their opinions, to hazard the entire defeat of the bill. He gave his vote for it, and it was carried without a dissenting voice, except from a few aristocrats, who had no v.-ant of money, and thought it a derogation from their dignity to manifest any regard for it. The salary was fixed at fif- teen hundred dollars a year. Mr. Clay did not pretend, that his course in relation to this measure v/as adopted without any regard to private considerations. He had com.menced life a portionless orphan : and, as he had now an increasing familj'-, which, by his exertions, he was sustaining in the highest and brightest sphere of life, he felt it no dishonour to dem.and from his country that amount of compensation, to which he was fairly entitled by his services — to demand a few hundred dollars in re- turn for the voluntary sacrifice of thousands. HENRY CLAY. 123 Almost immediately after the passa.ge of the above- mentioned bill, congress adjourned, and the members had no opportunity while at Washington, of ascertaining in what light the measure would be viewed by their constitu- ents. They were not, however, left long in suspense. In every portion of the union, an organized band of dema- gogues commenced the work of exciting popular preju- dice against the bill ; a work, in which they succeeded to the extent of their wishes. Although the people, with perfect unconcern, had seen the wages of nearly all the other officers of the government raised and even doubled, they were now startled because a slight addition had been made to the pay of members of congress. Such a state of feeling could never have been excited, if the additional remuneration had been voted by any other body of men than the members themselves. The populace esteemed it a dangerous precedent, that publick officers should in- crease their own wages. To their imaginations it appear- ed like corruption ; for, perhaps, they did not sufficiently consider, that, however inadequate the wages of congress might be to the ordinary purposes of life, the power to ap- pl}" the remedy v/as confided b}- the constitution to con- gress alone. Be this as it might, the alarm, was sounded, and it passed on, in its reverberations, from point to point, till soon the whole country saw, that the supporters of the compensation bill must either retrace their steps or be hurled indignantly from their places. In Kentucky, the excitement was greater than in any other state. The compensation bill constituted almost the sole topick of remark in private circles, and of decla- mation in popular assemblies ; and, strange as it may ap- pear, there was scarce a voice in the whole state raised in its favour. On no subject had there ever been such entire unanimity. The citizens grew more and more ardent 124 BIOGRAPHY OF from day to day, and from week to week ; and, at length, their exasperation rose to such a height, that even their habitual and long-cherished reverence for their favourite Clay, seemed half forgotten, and there was every proba- bility, that he would be cast down, like a worshipped idol, when its votary has found that the tale of its divinity is but a fable. The opportunity' thus offered to Mr. Clay's political op- ponents, was too full of promise to be neglected. For a long time they had been silent, yet their scrutiny had not been withdrawn from him. With the keen eye of jea- lousy and hate, they had watched everj" act of his publick life ; and now, with one accord, they rushed from their retreat, imagining, that it was not within the limits of hu- man possibility, that their formidable foe should again escape them. His final downfall was considered as cer- tain as the set of the sinking sun. The federalists, in Mr. Cla^^ district, after holding long and frequent consultations, determined that Mr. John Pope, a man of powerful eloquence, and great famil}' influence, should take the field against him as a candidate for a seat in the house of representatives. The arrangements being made, Mr. Pope immediately commenced riding among the citizens of the district, and haranguing them with considerable effect in relation to his own pretensions, and the supposed aberrations of his rival. For some time Mr. Clay left the field exclusively to Mr. Pope : but as the day of the election approached, he was persuaded, by the re- peated importunities of his friends, to meet his opponent upon his own grounds. Accordingly he went forth, for the only time in his life, to visit the various parts of his district and vindicate, in the presence of his constituents, the acts of his political life. It has been remarked of Mr. Ciav. that he was the first HENRY CLAY. 125 Kentuckian who, in making an electioneering tour, ever preserved a dignity and an independence of character. At that day it was usual for every aspirant to public fa- vour, to clothe himself in the meanest habiliments, and to go among the people, solicitmg their suffrages with the lowliness of mendicants. This custom had been of such long standing, that the people regarded it as a just and indispensable tribute to their supremacy. It was a de- gradation, however, to which Mr. Clay would not sub- mit. Although willing to give an explanation of his con- duct, he was resolved to do it, if at all, in a way consist- ent with the respect due to himself. Wherever he ap- }>eared, it was in the dress which he would have worn upon the floor of congress ; and his every appeal to his fellow-citizens, v/as characterized by all the loftiness and pride of spirit, which might have been expected from the noblest orator of the age, defending himself against the secret machinations and the open efforts of his enemies. His remarks upon the compensation bill were made in- genuously, and without reserve. He acknowledged, that the known will of the people should, in all cases, be the law of the representative, and declared his willingness to vote for the repeal of the obnoxious bill, should his con- stituents require it of him. By correcting then* erroneous impressions, and making occasionally one of those appeals to the heart, of which he was so perfect a master, he soon succeeded in softening their exasperation, and kindling anew the feeling of love and veneration, with which he had, in past years, been regarded. Mr. Pope, in spite of his eloquence and his popular de- vices, found that he was fast losing ground ; and, at length, as a last expedient, he determined to have recourse to a desperate measure. A few day's previous to the election, he sent Mr. Clay an mvitation to meet him on a given V 11* 126 BIOGRAPHY OF daj, and discuss publicly their respective claims to the suffrages of the district. The invitation was promptly ac- cepted, and the place for the discussion fixed in a grove about five miles from Lexington. The anxiety excited by the annunciation of the anticipated meeting, was in- tense and universal. On the appointed day, thousands assembled, at an early hour, to witness the intellectual conflict. Arrangements were made by the friends of the parties, that they should address the audience alternately, each having permission to occupy half an hour at a time. The preliminaries being settled, Mr. Pope, who, beside be- ing a strong logician, and a skilful and wily disputant, had been indefatigable in his preparations for this occa- sion, made the first onset, with a vigour that surprised his friends, and led them to fancy that they saw his giant foe reeling beneath his ponderous blows. For some time he sustained his part with wonderful success, and strong hopes were indulged by the federal party that he would prove finally victorious. They knew not the matchless elasticity of the champion with whom he was measuring his strength. Mr. Pope, after vehement and repeated at • tacks upon his antagonist, began to falter in his efforts ; but Mr. C. gathered new strength and energy from every fresh exertion. It soon became Mr. P.'s turn to act on the defensive ; and a struggle, like that which now ensued, could not last long. The weaker combatant fell gradu- ally back, till he was pressed against the wall, and there his conqueror dealt blow after blow upon his now naked and defenceless head, till the scene became intensely pain- ful to the spectators. Mr. Clay, finding that it would be inglorious to prolong the strife, turned with dignity away from his fallen foe, and pausing for a few moments to col- lect his energies for a last intellectual effort, gave a dis- play of argument, eloquence, and passion, which is still HENRY CLAY. 127 remembered and spoken of with enthusiasm. He spoke of his services, and of the efforts that had been made to ruin him ; and the prejudices of the multitude swayed to his impetuous eloquence, like reeds to the roarings of the northern hurricane. His victory was a signal one, not only over his competitor, but over the spirits of the popu- lace. The green roof of the forest-trees that overhung him, was his triumphal arch. Thus ended a conflict, pro- bably the most celebrated that has ever occurred in Ken- tucky. The day of trial at last came, and Mr. Clay, being re- elected by a large majority, the hopes of the federal party were again prostrate. Mr. C. found, from mingling freely with his constitu- ents, and conversing with them on the subject of the com- pensation bill, that the objections of the more intelligent, and indeed of a majority, were not so much to the amount of compensation as to the mode. They preferred, that their representatives should receive daily wages for their services, but were willing that those wages should be raised to any sum that might be thought fair and equitable. Their sentiments were precisely the same with those which Mr. Clay himself had advanced in congress at the prece- ding session, and, of course, he could now support their views, without any sacrifice of his own. The re-consider- ation of the bill, was among the first acts of the next congress, and it was speedily repealed, Mr. Clay, and al- most every other democrat, voting in the affirmative. In- stead of a salary of fifteen hundred dollars, the pay of the members was fixed at a per diem allowance of eight dollars. 128 BIOGRAPHY OP SECTION SECOND. We have now arrived at one of the most important pe- riods in the eventful hfe of Mr, Clay. It is that in which he contended so nobly for the cause of human liberty ; — when, striving to usher the Southern Republics into the great family of nations, he stood up before his country- men like an apostle, commissioned by Freedom to welcome her new votaries to the reward of their labours and their sacrifices. The glory which he won by the discharge of that commission, is imperishable as liberty itself It will rise freshly above his grave, and grow greener with the lapse of centuries. The exultation which pervaded all parts of the coun- try, when it was known that the inhabitants of South America had rent asunder the chams of colonial servi- tude, and, like their brethren of the north, had proclaimed themselves " free, sovereign, and independent," is yet freshly remembered. The event was hailed as a glorious token of the influence of our own great struggle, — as the first fair promise of a redemption of the nations from the thraldom of ancient tyranny. The beautiful sun of ra- tional liberty, which, for a time, shone over the despotism of France, had gone down in blood ; but in the situation of the republicks of the south, there was yet hope for the ardent friends of self-government. The power of old Spain had been cloven down upon a hundred battle fields; and from the Gulf of Mexico to the southern borders of Chili, the people were rejoicing over the broken fetters of that colonial bondage which, for three hundred years, had monopolized their treasure and their resources — blasted the green beauty of a climate rich with nature's blessings, HENRY CLAY. 129 and robbed their earth of its wealth of gold and diamonds. It is no marvel that the sympathies of the people of the United States should be called forth in favour of the pa- triots of South America. They were contending m the same cause — they were asserting the same rights for which our fathers, on the plains of Camden, and on the heights of Charlestown, poured out their best blood with a prodigality like that of the autumnal rain. They were struggling, too, with a foe, whose atrocities and barbari- ties outrivalled those of the enemy over which our fathers triumphed. Spain had carried on the war with her insur- gent colonies in a spirit of demoniack vengeance. The aged patriot, the unoffending, female, and the infant at the bosom of its mother, had been offered up in one indiscri- minate sacrifice. Her armies had manifested a barbarity unheard of in the annals of crime. The temples of religion had been polluted ; and the gray hairs of the priests had been drenctied in blood at the very foot of the altar. Ci- ties had been pillaged and consumed, while their inhabi- tants of one sex had been massacred, the armed and the unarmed together — and those of the other had been given over to the licentious passions of a brutal soldiery. Where- ever the enemy had moved over the beautiful provinces of La Plata, desolation had been left behind them, as if the earth itself had been scorched and blackened by the fiery tread of demons. The republican feelings of Henry Clay would not al- low him to contemplate such a scene without emotion. He watched the movements of the struggling patriots with anxiety, j'et with entire confidence in their ultimate success. He suffered no appropriate opportunity to pass, without publickly bearing witness to the lively interest he felt in their cause. At the session of congress of 1816 — 17, he made such allusions to their situation, as called up in opposition, the uncourteous and vituperative spirit of 130 BIOGRAPHY OF Mr. Randolph. At another time, when the house of re- presentatives was debating the propriety of passing a bill " to prevent our citizens .from seUing vessels of war to the subjects of a foreign power," Mr. C. opposed the measure, because of its evident bearing upon the condition of our South American brethren. "It is impossible," said he, "for us to deceive ourselves, as to the true character of the bill before the house. Be- stow upon it what denomination you will — disguise it as you may — it will be understood by the world as a law to discountenance any aid being given to the South Ameri- can patriots, now in a state of revolution against the pa- rent country. With respect, to the nature of that strug- gle, I have not now, for the first time, to express my opinion and wishes. I wish them independence. It is the first step towards improving their condition. Let them have a free government, if they are capable of en- joying it. At any rate, let them have independence. — Yes, from the inmost recesses of my soul, I wish them in- dependence. In this I may be accused of imprudence, in the utterance of my feelings on this occasion ; — I care not, when the independence, the happiness, the liberty of a whole people is at stake, and that people our neighbours, our brethren, occupying a portion of the same continent, imitating our example, and participating of the same sympathies with ourselves." In the summer of 1817, the president of the United States appointed Messrs. Rodney, Graham, and Bland, commissioners to proceed to South America, for the pur- pose of ascertaining the condition of the country, the cha- racter of the people, and their ability for self-government. In March, 1818, the bill making appropriations for the support of government for that year, being before the house of representatives, Mr. Clay objected to the clause HENRY CLAY. 131 appropriating the sum of thirty thousand dollars for com- pensation to the commissioners above mentioned. His ob- jections were grounded on the evident impolicy of the ap- pointment, and the unconstitutionality of the appropria- tion. After some discussion, on motion of Mr. Lowndes, the appropriation was passed by for the time, in order to ob- tain some additional information relative to it, which Mr. Clay had demanded in his previous remarks. The item was no sooner disposed of, than Mr. Clay rose, and made his motion to insert a provision in the bill, appropriating the sum of eighteen thousand dollars, as the outfit and one year's salary of a minister, to be deputed from the United States to the independent provinces of the river La Plata, in South Ainerica. Mr. Clay followed up his motion by a long and able speech. He placed, in the clearest light, the condition of the South American provinces, and urged, with an elo- quence which, in a less cautious assembly, would have kindled in every bosom the flame of his own sublime en- thusiasm, the adoption of a measure, which, v/ith pro- phetick intelligence, he foresaw would add new glory to our republick, and strengthen the liands, and animate the hearts of men, wrestling with tyranny even unto death. He commenced by expressing his regrets at finding himself differing from many highly esteemed friends, for whom he entertained the greatest respect. This had led him to subject his own convictions to the severest scru- tiny ; but all his reflections conducted him to the same clear result. If he erred in this result, there was some consolation in knowing, that he erred on the side of liberty, and the happiness of the human family. He v/ished to correct all misconceptions in relation to his opinions. He was averse from war. He would give no just cause of war to any power — not to Spain herself, 132 BIOGRAPHY OF though she had given us abundant cause. But it was not every cause of war that should lead to war. War was one of those dreadful scourges which so shakes the foundation of society, overturns or changes the character of government, interrupts or destroys the pursuits of pri- vate happiness, brings misery and wretchedness in so many frightful forms, and is, in its issue, so doubtful and hazardous, that nothing but dire necessity can justify an appeal to arms. He contemplated the great struggle that was going on in South America ; — took a view of the immense resour- ces of the country — its extent — its scener}' — the number of governments that would probably spring into exist- ence, to claim a rank among the nations. He alluded to the polic}'' of Spain towardsher colonies, from their first settlement down to the transactions of Bayonne, in 1808, when the Spanish king abdicated his throne, and became a volunteer captive. From that time, he contended, the colonies were released from their obligations of allegi- ance, and had a right to provide for themselves — allegi- ance being founded on the duty of protection. " But," continued Mr. Clay, "I take a broader, bolder poshion. I maintain that an oppressed people are authorized, when- ever they can, to rise and break their fetters. This was the great principle of the English revolution. It was the great principle of our own. We must, therefore, pass sentence of condemnation upon the founders oi' oui liberty ; — say that they were rebels, traitors — and that we are, at this moment, legislating without competent povvers — before we can condemn the cause of Spanish America. Our revolution was mainly directed against the mere theory of l3nranny. We had suffered comparatively but little; — we had, in some respects, been kindly treated ; — ^but our intrepid and intelligent fathers saw, in the usurpation of the power to levy an inconsiderable tax, the long train of HENRY CLAY. 133 oppressive acts that was to follow. They rose — they breasted the storm — they conquered, and left us the glori- ous legacy of freedom. Spanish America, for centuries, has been doomed to the practical effects of an odious ty- ranny. If we were justified, she is more than justified." Mr. Clay said he was no propagandist. He wished not to force our principles where they were not wanted. But, if an abused and an oppressed people will their freedom — if they sought to establish an independent government — if they had established one — we had the right, as a so- vereign power, to notice the fact, and act as circumstan- ces and our interests required. He thought, if the South Americans were entitled to succeed from the justness ot their cause, we had no less reason to wish it from the atrocious character of the war which was waged against them. We had a deep interest in recognizing them as independent nations. It concerned our commerce, our na- vigation, our politics. Whenever their independence is established, they must have American feelings — they must obey the laws of the new world. This makes the acknowledgement of their independence of the first con- sideration, After rebutting the charges of ignorance and inability for self-government, which had been often urged against the people of Spanish America, Mr. Clay proceeded to ex- amine that of superstition. The magnificent bursting forth of eloquence at this point, is equalled only by the noble and generous feeling which it manifests. Would to God that such a feeling pervaded every bosom. "With regard to their superstition, thgy worship the same God that we worship. Their prayers are offered up in their temples to the same Redeemer, from whose in- tercession we ourselves expect salvation. There is no- thing in the Catholic religion unfavourable to freedom. All religions, united with government, are more or lees 134 BIOGRAPHY OF inimical to liberty. All, separated from government, are compatible with liberty. If the people of Spanish Ame- rica have not gone as far in religious toleration as we have, the difference in their condition and ours must not be for- gotten. Every thing is progressive. In time they ^vill imitate our example. But, grant that the people of Spa- nish America are ignorant and incompetent for free go- vernment, to whom is that ignorance to be ascribed ? Is it not the execrable system of Spain, which she seeks again to establish and perpetuate? This, so far from chilUng our hearts, ought to increase our solicitude for our unfortunate brethren. It should animate us to desire the redemption of the minds, as well as the bodies, of un- born millions, from the brutifying effects of a system, whose tendency is to stifle the faculties of the soul, and to degrade man to the level of the beasts that perish. I invoke the spirits of our departed fathers! Was it for yourselves alone that you nobly fought ? No, no. It was the chains that were forging for your posterity, that made you fly to arms, and, scattering the elements of those chains to the winds, you transmitted to us the rich inheritance of liberty." After alluding to the immense advantage our country would derive from a commerce with the South American states, Mr. Clay proceeded to show that a recognition of their independence was compatible with the most pacifick relations — with a rigid neutrality — provided we furnished them with none of the means of carrying on their belli- gerent operations against old Spain. His reasoning on this point is forcible and conclusive. '-Recognition alone," said he, " without aid, is no just cause of war. With aid, it is ; not because of the recognition, but because of the aid, as aid without recognition is cause of war. The truth of these propositions is maintained by the practice of other states, and by the usage of our owa There is HENRY CLAY. 135 iio common tribunal among the nations to pronounce upon the fact of the sovereignty of a new state. Each power must and does judge for itself. It is an attribute of sovereignty so to judge. A nation, in exerting this in- contestible right — in pronouncing upon the independence, in fact, of a new state, takes no part in the war. It gives neither men, nor money, nor ships. It merely pronoun- ces, that in so far as it may be necessary to institute any relations, the new state is capable of maintaining those relations, and authorizing that intercourse." " When the United Provinces formerly severed them- selves from Spain, it was about eighty years before their independence was finally recognized by Spain. Before that recognition, the United Provinces had been received by all the rest of Europe mto the family of nations. It is true, that ^war broke out oetween Phihp and Eliza- beth, but it proceeded from the aid which she determined to give, and did give, to Holland. "In the case of oar own revolution, it was not until af- ter France had given us aid, and had determined to enter into a treaty of alliance with us — a treaty, by which she guaranteed our independence, that England declared war. Holland also was charged by England with favouring our cause, and deviating from the line of strict neutrality. And when it was perceived that she was, moreover, about to enter into a treaty with us, England declared war. Even if it can be shown that a proud, haughty, and pow- erful nation, like England, has made war upon other pro- vinces on the ground of a mere recognition, the single ex- ample cannot alter the pubhck law, or shake the stj;,ength of a clear principle." " But what has been our uniform practice ? We have constantly proceeded on the principle, that the govern- ment defacio is that which we alone can notice. What- ever form of government any society of people adopt, — 136 BIOGRAPHY OF whoever they acknowledge as their sovereign, we consi- der that government, or that sovereign, as the one to be acknowledged bj us. We have invariably abstained from assuming a right to decide in favour of the sovereign de jure, and against the sovereign de facto. That is a ques- tion for the nation in which it arises to determine. So far as we are concerned, the sovereign de facto is the sove- reign de jure. Our own revolution stands on the basis of the right of a people to change their rulers. I do not maintain that every immature revolution — every usurper, before his power is consolidated, is to be acknowledged by us — but that as soon as stability and order are maintained, no matter by whom, we always have considered, and ought to consider, the actual as the true government, " If, then, there be an established government in Span- ish America, deserving to rank among the Rations, we are morally and politically bound to acknowledge it, unless we renounce all the principles which should guide, and which have hitherto guided our councils." Mr. Clay then adverted to the limits, the population, navy, army, the system of finance, and the many undertakings for the ad- vancement of the general prosperity in the republick of the United Provinces of the Rio de la Plata, to show that it was a government of such a character as ought to be ad- mitted into the family of nations. There were, it was not to be concealed, difiiculties and commotions there. '' And what state," said he, "passing through the agitations of a great revolution, is free from them 1 We had our tories, our intrigues, our factions. More than once were 'the af- fections of the country, and the confidence of our coun- cils, attempted to be shaken in the great father of our li- berties. Within the immense extent of the territories of La Plata, not a Spanish baj^onet remains to contest the authority of the actual government. It is free — it is in' dependent — it is sovereign." HENRY CLAV. 137 Notwithstanding the variety and comprehensiveness of Mr. C.'s arguments, and the power and vehemence with which he enforced them, his opponents would not be con- vinced ; but, after taking time to array their strength, made a vigorous attack upon his positions. Their object was to show, that the South American states, if independent, would become the commercial rivals of our own country;, that our recognition of their independence would be likely to involve us in a disastrous war either with Spain or the members of the Holy Alliance ; that the states themselves would never thank us for it; and that it was our wisest policy to attend to the management of our own concerns, and let all other governments, whether republican or monar- chical, take care of themselves. Mr. C.'s final reply, though never reported, is spoken of as having been triumphant. His antagonists were pros- trated on all sides of him, as if his every word had been an electrick flash, and, in- his most impassioned moments, he seemed to rule the heart by the vehement motions of his arm, as with a rod of iron. Never was there a greater contrast than between the sordid and timorous policy re- commended by his opponents, and his own sublime and expansive views. Their wish was to make our country a selfish and an isolated power; but it was his aim to render her the glorious centre of a beautiful and harmoni- ous system. He seemed a great Apostle of Liberty, some- times directing his accusing and desolating eloquence against the spirit of tyranny, and then interceding for an unhappy and struggling nation, with a pathos as deep and moving as that of the ancient patriarch, when pleading face to face with the Most High, for mercy upon the cities of the plain. All would not avail. Congress, headed by Mr. Monroe, was opposed to the recognition of South 12* 138 BIOGRAPHY OF American independence, and, after a long struggle, Mr- Clay's resolution was rejected. The orator had been little accustomed to defeat, but he heard the decision of the house with unshaken firmness. He felt that his cause was just and righteous, and worthy of his continued exertions, and he did not, for one moment, resign the hope of ultimately achieving the great object for which he had striven. He knew his adequacy to the work which he had appointed to himself to do. The subject of sending a minister to South America again came up for consideration in 1820. The contest had not yet closed between Spain and the republicks of Spanish America, but the latter, with various success, were still fighting desperately for the maintenance of their freedom. The patriot Clay saw them stretching out their hands imploringly to our country, and begging to be re^ cognized as among the nations — he had learned the extent of their gratitude for the active sj'mpathy he had already manifested in their fate — and he determined to stand up again and plead their cause before the representatives of the union. The motion for their recognition was made by himself, and he defended it, as in 1818, in one of his noblest and most eloquent appeals. '' The house has been asked, and asked with a triumph worthy of a better cause — why recognize this republick ? Where is the use of it ? And is it possible, that gentle- men can see no use in recognizing this republick? For what has she fought ? To be admitted into the family of nations. ' Tell the nations of the world,' says Pueyrre- don, in his speech, ' that we already belong to their illus- trious rank.' What would be the powerful consequence of a recognition of their claim 1 I ask my honourable revolutionary friend before me, with what anxious solici- tude, during our revolution, he and his glorious compatriots HENRY CLAY. 13^ turned their eyes to Europe, and asked to be recognized. I ask him, the patriot of '76, how the heart rebounded with joy on the information, that France had recognized us. The moral influence of such a recognition on the pa- triot of the South will be irresistible. He will derive as- surance from it, of his not having fought in vain. In the constitution of our natures, there is a point to which ad- versity ma}' pursue us, without perhaps any worse effect than that of exciting new energy to meet it. Having reached that point, if no gleam of comfort breaks through' the gloom, we sink beneath the pressure, yielding reluctant- ly to our fate, and, in hopeless despair, losing all stimulus to exertion. And is there not reason to fear such a fate to the patriots of the South ? Already enjoying independence for eight years, their ministers are yet spurned from the courts of Europe, and rejected b}^ the government of a sis- ter republick. Contrast this conduct of ours with our con- duct in other respects. No matter whence the minister comes, be it from a despotick power, we receive him: and, even now, one of my honourable opponents would have us send a minister to Constantinople, .to beg a passage through the Dardanelles to the Black Sea. He who can see no advantage to the countrj^ from opening to its commerce the measureless resources of South America, would send a minister begging to Constantinople for a little trade. Nay, I have seen a project in the newspapers, and I should not be surprised, after what we have already seen, at its being carried into effect, for sending a minister to the Porte. Yes, sir, from Constantinople or from the Brazils ; from Turk or Christian ; from black or white ; from the Dey of Algiers or the Bey of Tunis ; from the devil himself, if he wore a crown, we should receive a minister. We even paid the expenses of the minister of his sublime highness, the Bey of Tunis, ,and thought ourselves highly honoured 140 BIOGRAPHY OF hy his visit. But let the minister come from a poor re- pubhck, and we turn our back on him. No, sir, we will not receive him. The brilliant costumes of the ministers of the royal governments are seen glistening in the cir- cles of our drawing rooms, and their splendid equipages rolling through the avenues of the metropolis: but the un- accredited minister of the republick, if he visit our presi- dent or secretary of state at all, must do it incog., lest the eye of Don Onis should be offended b}'- so unseemly a sight. I appeal to the powerful effect of moral causes, manifested in the case of the French revolution, when, by their influence, that nation swept from about her the ar- mies of the combined powers, by which she was environed, and rose up the colossal power of Europe." The debate on Mr. C.'s resolution was continued two oi three weeks, during which period the mover taxed his in- tellectual resources and his phj'sical strength to their ut- most. His triumph was as complete as his aim had been glorious. The independence of South America was re- cognized. The effect of this act in pouring a new ardour into the hearts of the southern republicks, and renerving^ their arms with thunder, is already a matter of record, and, at present, needs no commentary. That effect, whatever it may have been, is to be traced home to the influence of Mr. Clay, who, by a perseverance unsurpassed in any hero either of history or romance, procured the recognition of the republicks, in opposition to the combined influence of a popular and powerful administration ; a triumph over misconception and prejudice, too glorious to be forgot- ten. (2) In every land, there are thousands of patriots, whose holiest sympathies are always excited by a contest for free- (2) See Appendix. I HENRY CLAY. 141 dom, in whatever part of the world it may take place ; but the man who, like Henry Clay, has had not only the inclination, but the opportunity, to take a group of sister republicks by the hand, unclose to them the temple of In- dependence, and show them its glories and its mysteries, may well consider himself no less fortunate than patriotick. Such deeds, it is true, may, for the moment, attract less of the world's admiring gaze, than a victory like that of Borodino or Waterloo. The array, the shout, the onset, the blood, the groan, the shivered diadem — these are mat- ters which the most vulgar minds can at once appreciate — for they address themselves to the senses, and their effects are palpable and immediate. The great moral and intel- lectual achievements of our world are of a different nature. Their control is comparatively unseen by ordinary eyes, even though all the high places of the land may be rocking^ to and fro beneath their influence, as with the heavings of a great earthquake ; but, in their effects, thej^ become a portion of the common fortunes of humanity — a mightj^ wave in that great current of events, which will flow on- ward, onward, onward, till the ancient pillars of despotism, that have been vainly imagined by kings to have their foundation in the centre of the earth, shall be swept down to float off like common wrecks upon the returnless tide. Thousands of lofty spirits, whose very names, hke their perishing claj^, have perchance gone down to the dust, are still living upon earth, in the control which their strong, though invisible energies, have entailed upon their fellow men — still dwelling and acting among us in their propitious and glorious influences. Here we cannot resist the temptation of transmitting to our pages an eloquent tribute accorded to Mr. Clay for his South American services, by one of the greatest men of the age. Mr. Forsyth, of Georgia, the earliest and most 142 BIOGRAPHY OF violent opposer of the recognition of the southern repub- licks, made a severe allusion, in 1825. to the influence which Mr. C. had exerted in their behalf. Mr. Webster, of Massachusetts, vindicated the great patriot in the fol- lowing language : '' Pains have been taken to prove, that the whole policy of our government respecting South America, is the un- happy result of the influence of a gentleman formerly filling the chair of this house. To make out this, reference has been made to certain speeches of that gentleman de- livered here. He is charged with having become himself affected, at an early day, with ' the South American fe- ver,' and with having infused its baneful influence into the whole councils of the country. If, sir, it be true, that that gentleman, prompted by an ardent love of civil liberty, felt, earlier than others, a proper sympathy for the struggling colonies of South America ; or that, acting on the maxim, that revolutions do not go backward, he had the sagacity to foresee, earlier than others, the successful termination of those struggles ; if, thus feeling and thus perceiving, it fell to him to lead the willing or unvnlling councils of his country in her manifestations of kindness to the new go- vernment, and in her seasonable recognition of her inde- pendence ; if it be this, which the honourable member im- putes to him — if it be by this course of publick conduct, that he has identified his own name with the cause of South American liberty — he ought to be esteemed one of the most fortunate men of the age. If all this be as is now represented, he has acquired fame enough. It is enough for any man thus to have connected himself with the greatest events of the age in which he lives, and to have been foremost in measures which reflect high hc^ nour on his country in the judgement of manlcind. Sir, it HENRY CLAV. 143 is ahvaj^s with great reluctance, that I am drawn to speak, in my place here, of individuals ; but I could not forbear what I have now said, when I hear in the house of repre- sentatives, and in the land of free spirits, that it is made matter of imputation and of reproach, to have been first to reach forth the hand of welcome and of succour to new- born nations, struggling to obtain and to enjoj the blessings of liberty." ' Mr. Claj^s anxiety for the permanent liberty and pros- perity of the South American states, has never lost any portion of its intensity. Amid all the civil changes that have been wrought in these countries, he has looked steadi- ly forward to the ultimate consummation of his earliest hopes, and contributed to it by every means in his power. His letter to Bolivar, under date of October 27%lf, 1828, is a strong and beautiful illustration of his feelings. It was v.-iitten in reply to the following communication from Bolivar, •' Bogota, 21st Nov. 1827. '' Sir, — I cannot omit avaihng myself of the opportuni- ty afforded me by the departure of Col. Watts, Charge d' Affaires of the United States, of taking the liberty to ad- dress your excellency. This desire has long been enter- tained by me, for the purpose of expressing my admiration of your excellency s brilliant talents and ardent love of liberty. All America, Colombia, and myself, ow^e your excellency our purest gratitude for the incomparable ser- vices you have rendered to us, by sustaining our course v/ith a sublime enthusiasm. Accept, therefore, this sin- cere and cordial testimony, which I hasten to offer to your excellency, and to the government of the United States, who have so greatly contributed to the emancipation of jour southern brethren. 144 BIOGRAPHY OF ' I have the honour to offer to your excellency my dis- tinguished consideration. " Your excellency's obedient servant, " BOLIVAR." The following is an extract from Mr. Clay's reply : — " Washington, 27th Oct. 1828. " Sir, — It is very gratifying to me to be assured direct- ly by your excellency, that the course which the govern- ment of the United States took on this memorable occa- sion, and my humble efforts, have excited the gratitude and commanded the approbation of your excellency. I am persuaded, that I do not misinterpret the feelings of the people of the United States, as I certainly express my own, in saying, that the interest which was inspired in this couiltry by the arduous struggles of South America, arose principally from the hope, that, along with its in- dependence, would be established free institutions, insuring all the blessings of civil liberty. To the accomplishment of that object we still anxiously look. We are aware, that great difficulties oppose it, among which not the least is that which arises out of the existence of a large military force, raised for the purpose of resisting the power of Spain. Standing armies, organized with the most patri- otick intentions, are dangerous instruments. They devour the substance, debauch the morals, and too often destroy the liberties of a people. Nothing can be more perilous or unwise than to retain them after the necessity has ceased, which led to their formation, especially if their numbers are disproportionate to the revenues of the state. "But, notwithstanding all these difficulties, we had fondly cherished, and still indulge the hope, that South America would add a new triumph to the cause of human liberty ; and, that Providence would bless her, as He had her northern sister, with the genius of some great and vir- HENRY CLAY. 145 nous man, to conduct her securely through all her trials. We had even flattered ourselves, that we beheld that genius in your excellency. But I should be unworthy of the consideration with which your excellency honours me, and deviate from the frankness which I have ever en- deavoured to practise, if I did not, on this occasion, state, that ambitious designs have been attributed by your ene- mies to your excellency, which have created in my mind great solicitude. They have cited late events in Colom- bia, as proofs of these designs. But, slow in the with- drawal of confidence, which I have once given, I have been most unwilling to credit the unfavourable accounts which have, from time to time, reached me. I cannot al- low myself to believe, that your excellency will abandon the bright and glorious path which lies plainly before you for the bloody road passing over the liberties of the human race, on which the vulgar crowd of tyrants and military despots have so often trodden. I will not doubt, thatyoui excellency will, in due time, render a satisfactory explana- tion to Colombia and to the world, of the parts of your public conduct which have excited any distrust ; and that, preferring the true glory of our immortal Washington to the ignoble fame of the destroyers of liberty, you have formed the patriotick resolution of ultimately placing the freedom of Colombia upon a firm and sure foundation. That your efforts to that end may be crowned with com- plete success, I most fervently pray. " I request that your excellency will accept assurances of my sincere wishes for your happiness and prosperity. " H. CLAY." 13 14G BIOGRAPHY OF SECTION THIRD. In March, 1818, the same month and year m which Mr. Clay made his first great speech on the subject of South American Independence, he also put forth his first memorable effort in behalf of that system, of which he is the acknowledged founder and head — the system of inter- nal improvements. He had before, on several occasions, both in congress and the legislature of his own statCj been the zealous advocate of measures, in which the prin- ciple of internal improvements was involved ; but, previous to 1818, there was no speech of his on record, to which the friends of the principle could appeal with confidence, as a triumphant vindication of their sentiments. During the war, and for a short time subsequent to it, the condition of our funds had not been such as to warrant the construction of roads, canals, and other national con- veniences, to any great extent; but the expenditures of the country were now less considerable, and the attention of our statesmen began to be directed to the consideration of the best mode of appropriating the surplus revenue. It was the opinion of Mr. Jefferson, as expressed in one of his messages to congress, that, under the constitution, roads and canals could not be constructed by the general government, without the consent of the state or states through which they were to pass. At the opening of the congressional session of 1816 — 17, Mr. Madison, in his message to the two houses, made use of the following language: " I particularly invite again the attention of congress to the expediency of exercising their existing powers, and, where necessary, of resorting HENRY CLAY. 147 to the prescribed mode of enlarging them, in order to ef fectuate a comprehensive system of roads and canals, such as will have the effect of drawing more closely together every part of our country, by promoting intercourse and improvements, and by increasing the share of every part in the common stock of national prosperity." In pursu- ance of this recommendation, congress, a short time be- fore its adjournment, passed a bill, appropriating for purposes of Internal Improvement, the bonus, which was to be paid to the general government by the bank of the United States. The bill was sent to the President for his signature, on the last day but one of the session. Strictly conformable as were its provisions to the sentiments of his own message, a rumour was soon spread, that he designed to return it to the house with his veto. Mr. Clay, on hear- ing this rumour, immediately addressed him in a private letter, urging him not to reject the bill, but rather, if he could not conscientiously sign it, to leave the whole mat- ter to be acted on by his successor, Mr. Monroe, who was to be inaugurated on the follov*ang day. ]VIr. Madison thought it his duty to act in opposition to Mr. C.'s ad\ice, and, on the tl:urd of March, sent back the bonus bill with- out his signature, and stated his convictions in a short but rather able message, that Internal Improvements were not within the constitutional power of the government. Unless conjecture is extremely at fault, Mr. Monroe, previous to seeing Mr. Madison's veto message, had pre- pared his own inaugural address, recommending, in strong and unqualified terms, a general system of Internal Im- provement. On reading Mr. Madison's document, his re- solution misgave him. Actuated by a timorous policy, and, perhaps half convinced by Mr. M's reasonings, he interpolated, among his own remarks, a phrase utterly and awkwardly at variance with their general import, in 148 BIOGRAPHY OF order that he might seem to agree with his predecessor. The impulse, thus accidentally given to his sentiments, determined, in a great measure, their permanent direction. In his message, at the opening of the session of congress of 1817 — 18; he again alluded to the subject, stating, that he had bestowed upon it all the attention which its great importance and a just sense of duty required, and that the result of his deliberations was a settled conviction, that the power of making Internal Improvements was not vested in congress, and could be conferred only by an amendment of the constitution. From these facts, it is apparent that Mr. Clay's speech of March, 1818, in vindication of the constitutionality of Internal Improvements, was made under circumstances of intense interest. It was rehed on by the friends of the system as their last great struggle. Three national execu- tives had decided against them; and nothing was now wanting, but a decision of congress, to put their hopes finally to rest. It was in vain to anticipate an amend- ment of the constitution. Such a measure could not have been effected but by a greater majority of congress than was to be hoped for, in a matter, which had been the sub- ject of so much doubt and disputation. The resolution, which was discussed in the house, de- clared, that congress had power, under the constitution, to appropriate money for the construction of military roads, post-roads, and canals. Mr. Clay, after giving a strong impulse to the debate, left it to be conducted by others for several days, and, when, at last, he rose to express his sentiments, he began by apologizing to the members of the house for troubling them with his remarks, wearied, as he knew them to be, by the inordinate length of the discussion. Like a keen adept in the science of human nature, he essayed to soften HENRY CLAY. 149 the prejudices, that were entertained against his princi- ples, by paying a just and eloquent compliment to the ho- nesty and intelligence of the distinguished men, whose opinions he felt bound to controvert, and by showing, that ihe authority, which he considered as vested in congress, was not fraught with those dangers to the community, that his opponents had habitually ascribed to it. The power, which he claimed for the government, he repre- sented as neither more nor less than that of diffusing in- telligence, affluence, and happiness, throughout the nation — the power of twining still more closely the silver cords of Union around the whole of our mighty and almost limitless territory. He warned his hearers to remember, that, if the constitutional powers of congress were de- stroyed, the government itself would dissolve, from the want of cohesion, and relapse into the debility, which ex- isted under the old confederation, as certainly as the pla- nets would " wander darkhng in the eternal space," if the sun were blotted from the heavens. That part of the present debate, which related to the rules to be observed in the construction of the constitution, bore a strong resemblance to what we have already no- ticed as having been said on the same subject in 1811 and 1815, when the question of a national bank was under consideration. Mr. Clay held, that, under the constitu- tion, government might exercise any power, which was cither expressly granted by that instrument, or impliable from an express grant. The soundness of this rule was acknowledged by his opponents. The only difference be- tween him and them, was in their different modes of apply- ing the rule. They argued, that no power could be con- sidered as implied by the constitution, unless it was di- rectly and absolutely indispensable to the operation of a specifick grant • and he^ on the other hand, contended, that 13* 150 BIOGRAPHY OF every power was impliable, which appeared "necessary and proper^^ to the exercise of constitutional rights, al- though its necessity might not be strictly absolute. Of course, he was charged with looseness of doctrine. Be- cause he asserted, that congress, in deciding upon its own })0wers, must be governed, to a certain extent, by its own judgement, he was denounced as the advocate of the law of discretion — the unlimited law of tyrants. He retorted, however, upon his opponents with great force. "You assert, that a power cannot be implied without an absolute necessity. But who is to define that absolute necessity, and then to apply it ? — Who is to be the judge ? — Where is the security against transcending that limit? — The rule you contend for has no greater security than that in- sisted upon by us. It equally leads to the same discre- tion, q, sound discretion, exercised under all the responsi- bility of a solemn oath, of a regard to our fair fame, of a knowledge that we are ourselves the subjects of those laws which we pass, and, lastly, of the rights of the people to resist- insupportable tyranny." Having settled his rules of construction, Mr. Clay pro- ceeded to examine the constitution in detail, for the pur- pose of demonstrating the existence of a power in congress to construct such works of internal improvement as were contemplated in the resolution before the house. The power to ''establish post -roads" is given by the constitu- tion expressly ; but the opposers of Internal Improvements insisted, that the right to " establish!'' post-roads did not imply a right to make them, but only to designate those already made, which were to be used in the conveyance of the mail. This interpretation Mr. Clay showed to be absurd. It is obvious that the framers of the constitution designed, by the disputed phrase, to convey to congress a certain definite power in relation to post -roads ; but the HENRY CLAY. 151 power to designate such roads existed in congress under the old articles of confederation, and hence could not be identical with the power, which was afterwards con- ferred. The constitution gives to congress the power to make war, and Mr. Clay insisted, that there was so direct and' intimate a relation between this power and the power of constructiug military roads and canals, that the one ne- cessarily implied the other. He argued, that the conven- tion which formed the constitution, had in vain confided to the general government the authority to declare war, and to employ the whole physical means of the country to bring it to a successful termination, unless, at the same time, the government derived, by implication, the power to transport these means w^herever they might be wanted — a measure which, in many instances, it would be impossi- ble to carry into effect, but by the construction of canals and military roads. He illustrated his position by ap pealing to well-known facts. He showed, that many of our greatest misfortunes, during the late war with Great Britain, might have been prevented, many valuable lives saved, and an immense property preserved from destruc- tion, had not the want of roads and canals rendered it im- practicable for our armies to pass with celerity from one point to another, The experience of other countries vv^as adduced to strengthen the conclusions drawn from that of our own. The orator justly remarked, that it was by the construction of those magnificent military roads, wliich are, even now, among the wonders of Europe, that the old Romans rendered themselves, for centuries, the masters of the world, and diffused law, liberty, and intelHgence, around them. It was the doctrine of Mr. Clay, that a chain of roads and canals, together with a small military establish, ment for keeping up our more important fortresses, consti- 152 BIOGRAPHY OF tuted that species of preparation for war, which it was the right and the duty of the general government to pro- vide in a season of peace. His opponents, at length, con- ceded, that military roads might be made, when called for by an emergency. " This," said Mr. Clay, " is a conces- sion, that the constitution conveys the jpoicer to make them ; and we may safely appeal to the judgement of the candid and enlightened, to decide between the wisdom of these two constructions, of which one requires you to wait for the exercise of your power until the arrival of an emergency, which may not allow you to exert it — and the other, without denying you the powder, if you can ex- ercise it during the emergency, claims the right of provi- ding beforehand against the emergenc}^" Mr. Clay's opponents rallied finally in defence of the position, that, if works of Internal Improvement were left by the government to the enterprise of individuals, they would always be executed, from motives of private inte- rest, as early as the condition of society required them. Mr. C. admitted, that such might generally be the case in old coantries, where there was a great acciftnulation of capital, and consequently a low rate of interest ; but he as- serted, and proved to the satisfaction of every one, that, in a new country like ours, the general good of the commu- nity might often require publick works long before there would be, in the hands of individuals, the capital requisite for their construction. He showed, moreover^ that the ag- gregate of all the advantages that would be likely to re- sult to the publick from any given work, might be such as to warrant the undertaking, and yet these advantages be diffused among different classes of men so entirely separa- ted by distance and occupation as to be unable to act in concert. The Delaware and Chesapeake canal, and the turnpike roads over the Alleghany mountains, are works HENRY CLAY. 153 of this description. Mr. C. said, with truth, that the capi- taUst, who should invest money in one of these improve- ments, would probably receive less than three per cent, profit, while, at the same time, the community, taken in all its branches, was receiving an annual profit of fifteen or twenty per cent, at least. " The benefit resulting from a turnpike road, made by private associations, is divided between the capitalist, who receives his tolls, the lands through which it passes, and which are augmented in their value, and the commodities, lihose value is enhanced by the diminished expense of transportation. A combina- tion upon any terms, much more a just combination, of all these interests to effect the improvement, is impracticable. And if you await the arrival of the period, when the tolls alone can produce a competent dividend, it is evident, that you will have to suspend its execution, until long after the general interests of society would have authorized it." Mr. C. showed, in the progress of his argument, that there were certain great works of internal im.provement, to which the resources of a state were as inadequate as those of pri- vate capitalists. He instanced the improvement of the navigation of the Mississippi. '' In this great object," said he, " twelve states and two territories are, in different de- grees, interested. It is an object, which can be effected only by a confederacy. And here is existing that confe- deracy, and no other can lawfully exist ; for the constitu- tion prohibits the states, immediately interested, from en- tering into any treaty or compact with each other." Mr. C.'s com.mentary upon Mr. Monroe's message, al- though perfectly respectful and courteous, was fraught with a species of severity, which must have fallen ui> gratefully upon the feehngs of that high functionary ; for it was the severity of truth and unanswerable argument. ^'Ir. M. had denied, in his message, the constitutional power 154 BIOGRAPHY OP of the government to make roads or canals; but this de^ nial was at war with his own acts; and Mr. Clay thought, that the acts of any man, however high his station, were infinitely more intelligible than mere paper sentiments or declarations. The President, in a tour through the Uni- ted States during the summer of 1817, had ordered a road to be cut or repaired from near Plattsburgh, in the state of New- York, to the river St. Lawrence. He did this in a time of profound peace, without consulting the state of New- York, and relied en congress to sanction the act by an appropriation. Upon his own responsibility, he had ordered similar improvements in other parts of the United States. " And is it come to this," said Mr. Clay, " that there are to be two rules of construction for the constitu- tion — one an enlarged rule, for the executive, and another a restricted rule, for the legislature ? Is it already to be held, that, according to the genius and nature of our con- stitution, powers of this kind may be safely entrusted to the executive, but, when attempted to be exercised by the legislature, are so alarming and dangerous, that a war with all the allied powers would be less terrible, and, that the nation should clothe itself straightway in sackcloth and ashes ? No, sir, if the power belongs hy implication to the chief magistrate, it is placed, both by implication and express grant, in the hands of congress." In attempting a concise sketch of Mr. Clay's speech, we have perhaps given some faint idea of his arguments, but it is impossible to convey an image of the eloquence, with which they were enforced ; we can paint the shaft, but not the eagle plume, that winged it on its lightning courses. The speech, taken as a whole, is one of the strongest constitutional arguments on record. There is no sacrifice to ornament in any part of it, and yet it is cor> tinually bursting out into those high flashes of enthusiasm, HEXRY CLAY. 155 which evince, that the orator felt vividly the importance of the great system, whose title to life or death was now to be sealed by the issue of his exertions. His peroraiioi^ was surpassingly impressive, and calculated, when pro- nounced in his peculiarly deep and powerful tones, to make the blood go thrilling through the veins, like a shout of victor}^ Mr. Clay carried his motion by a majority of ninety to seventy-five. This triumph, achieved as it was, not only over the opinions of two illustrious ex-presidents, but over the most active struggles of Mr. Monroe and the whole administration party, was one of the most splendid events in parliamentary history. Mr. C. was not, as in the cause of South American independence, even temporarily baf- fled by the tremendous power of the executive. He dash- ed it back, as if it were but a rushing wave and he a giant rock. It was on this occasion, that Mr. Clay laid deep the foundation of a universal system of Internal Improve- ments, and he did not leave his task undone. Let our readers consult the records of the subsequent sessions of congress, and they will see, that, from year to year, he re- turned ^to his work, oftentimes in defiance of the most powerful obstacles, and carried it on with an energy, which was equally a stranger to wearinesss and defeat. We well remember — what his enemies as well as friends will be prompt to acknowledge — that the whole fabrick of Internal Improvements was erected by himself; that he "heaved its pillars, one by one," and guarded it against all the assaults of the administration. The specific measure of Internal Improvement, to which, for the most part, he confined his labours, from the session of 1818 to that of 1824, was the continuation of the Cum- berland road. That stupendous work stands, an eternal 156 BIOGRAPHY OF memorial of his eloquence and perseverance. With the labour of an intellectual Hercules, he stretched it out, league by league. It ascended not a hill, it crossed not a river, but by the impulse which it received from him. Nor are those, who are enjoying the benefits of his labours, un- mindful of their benefactor. Upon the Cumberland road stands a large and beautiful monument of stone, sur- mounted by the Genius of Liberty, and inscribed with the name of "HENRY CLAY." The last congressional speech that was made by Mr. C. in relation to Internal Improvements, he pronounced on the 16th of January, 1824, upon a bill authorizing the president of the United States to effect certain surveys and estimates of roads and canals. Mr. Monroe had opposed the great champion of Internal Improvements till tired of defeat, and, in his message at the opening of the session of 1824 — 5, he so far yielded what he supposed to be the point in controversy, as to acknowledge, that Congress had a constitutional power to appropriate money for roads, canals, and other national conveniences, but still denied, that it had the power to carry into effect the objects for which its appropriations were made. It now devolved on the enemies of Mr. Clay's system to make their own last effort against him, and, to this end, they marshalled their diminished ranks coolly and deliberately. Many of them are remembered to have declared, that, if they were now defeated, they should consider the system of Internal Im- provements as definitively established by competent au- thority, and accord to it ever afterwards their steady and cheerful support. Mr. Clay was assailed, on this occasion, by high and low, but, in the selection of his antagonists, he paid his first respects to the President. Notwithstanding the ob- Tious disposition of Mr. Monroe, to effect a compromise be- HENRY CLAY. 157 iween himself and Mr. C, the latter considered his senti- ments no less objectionable than before, and bore them down as if they had been but rushes beneath his feet. It will be recollected, that, in 1818, Mr. Monroe's party claimed, that in respect to post-roads, the general govern- ment had no other authority than to use such as had been previously established by the states. They claimed, that to repair such roads was not within the governmental powers. Mr. M. now gave his direct sanction to this doc- trine, and added, that the states were at full liberty to alter, to change, and, of course, to shut up post-roads at pleasure. " Is it possible," said Mr. Clay, " that this con- stmction of the constitution can be correct — a construc- tion, which allows a law of the United States, enacted for the good of the whole, to be obstructed or defeated in its operation by a county court in any one of twenty-fouT state sovereignties? Suppose a state, no longer having occasion to use a post-road for its own separate and pecu- liar purposes, withdraws all care and attention from its preservation. Can the state be compelled to repair it ? — No! — Then, may not the general government repair this road, which is abandoned by the state power ? — And may it not protect and defend that which it has thus repaired, and which there is no longer an interest or inclination in the state to protect and defend ? Is it contended, that a road may exist in the statute book, which the state will not, and the general government cannot, repair and im- prove? What sort of an account should we render to the people of the United States, of the execution of the high trust confided, for their benefit, to us, if we were to tell them, that we had failed to execute it, because a state would not make a road for us ? The same clause of the constitution which authorizes congress to ' establish poSU roads,' authorizes it also to 'establish post-offices.' Will 14 158 BIOGRAPHY OF it be contended, that congress, in the exercise of the power to ' establish post-offices,' can do no more than adopt or designate some pre-existing office, erected and kept in rC' pair by state authority ? There is none such. It may, then, fix, build, create, and repair offices of its own, and its power over the post-roads is, by the constitution, equally extensive." Mr. Clay^s opponents, especially Mr. Barber, of Vir- ginia, made a vigorous attempt to sustain Mr. Monroe, by pretending, that the jurisdiction which Mr. C. claimed for congress over post -roads, furnished a just occasion for serious alarm to the state authorities. " The jurisdiction," said Mr. Clay, in reply, "which is claimed for the general government, is that only which relates to the necessary defence, protection, and preservation of the road. What- ever does not relate to the existence and protection of the road, remains with the state. Murders, trespasses, con- tracts, all the occurrences and transactions of society upon the road, not affecting its actual existence, will fall within tne jurisdiction of the civil or criminal tribunals of the state, as if the road had never been brought into existence. How much remains to the state ! How little is claimed for the general government ! — Is it possible that a jurisdic- tion so limited, so harmless, so unambitious, can be re- garded as seriously alarming to the sovereignty of the states ! Mails certainly imply roads, roads imply their own preservation, their preservation implies the power to pr>eserve them, and the constitution tells us, in express terms, that we shall establish the one and the other." Mr. Clay's argument, in defence of the constitutional right of the government to cut canals, was more striking and conclusive, than that which he had used on the same subject in 1818. He placed the matter in a light entirely new. He had before attempted to shoW; that the govern- HENRY CLAY. 159 tiient derived the right of making canals from its authority to declare and prosecute war ; and he now argued, that it derived the same right from its authority to regulate do- mestic commerce. "Congress," said he, "has power to regulate commerce with foreign nations and among the several states. Precisely the same measure of power, which is granted in the one case, is conferred in the other. Suppose, instead of directing the legislation of this govern- ment, constantly, as heretofore, to the object of foreiga commerce, to the utter neglect of the interior commerce among the several states, the fact had been reversed, and now, for the first time, we were about to legislate for our foreign trade : should we not, in that case, hear all the constitutional objections made to the erection of buoys, beacons, light-houses, the surveys of coasts, and the other numerous facilities accorded to the foreign trade, which we now hear to the making of roads and canals ? Two years ago, a sea-wall, or, in other words, a marine canal, was authorized by an act of congress, in New-Hampshire ; and many of those voted for it, who have now constitu- tional scruples on this bill. Yes, any thing, every thing, may be done for foreign commerce ; any thing, every thing, on the margin of the ocean ; but nothing for domestick trade-^ nothing for the great interior of the country. Yet the equity and the beneficence of the constitution equally com- prehend both. The gentlemen do, indeed, maintain, that there is a difference as to the character of the facilities in the two cases. But I put it to their own candour, whether the only difference is not that which springs from the na- ture of the two elements on which the two species of com- merce are conducted — the difference between land and water. The principle is the same, whether you promote commerce by opening for it an artificial channel where now there is none, or by increasing the ease or safety with 160 BIOGRAPHY OF which it may be conducted through a natural channel, which the bounty of Providence has bestowed. In the one case, your object is to facihtate arrival and departure from the ocean to the land ; in the other, it is to accom- plish the same object from the land to the ocean. Physi- cal obstacles may be greater in the one case than in the other, but the moral, or constitutional power, equally in- cludes both." The majority by which Mr. C. prevailed in the final vote, was far beyond his own expectation. His majority in 1818 was less than twenty, but it went on increasing, from ye?iX to year, and now it was such as to show the inability of protracted opposition to the cause of Internal Improvements ; at least, during Mr. C.'s stay in congress. Its enemies were disarmed. Not a few of them had the magnanimity to unite in support of the system, which they had before felt it their duty to assail ; and there seemed no further obstacle to such an application of the wealth and energies of the Republick, as, in the lapse of time, should make our territory the Paradise of the world. Obstacles have since arisen ; but we trust in God, that the majestick work of years — ^builded up by energies so unfailing in their perseverance and so sublime in their might — will not be lightly prostrated. . There are few men of the present age, the renown of whose whole lives might not be wisely exchanged for the empyre- an flame of glory, that is to rest upon the name of " Clay," for his exertions in the single cause of Internal Improve- ments. What are the specifick results, to which those ex- ertions are to lead ? — The computation is scarce within the capacity of a human intellect. The desert will blos- som as the rose, and new streams will start into being, as at the voice of Omnipotence, bearing wealth and beauty upon their tide, ministering to the noble commerce of mind, and, HENRY CLAY. 161 our whole country will, as it were, be created anew, with greater powers and enlarged capacities. From such sources is to spring a portion of the fame of Henry Clay. Not simply inscribed upon an obelisk, that may crumble away into common earth, but graven upon his country's mightiest plains, cut through her solid mountains, and notched in her everlasting rocks, his name will live, a glory and a benison for ever. 14* 162 BIOGRAPHY OP SECTION FOURTH. The subject of the famous Seminole War was discussed in congress, in January, 1817. The events of that war have been so thoroughly investigated, and kept so con- stantly before the public, that there is no necessity for our giving them in very minute detail. At the breaking out of the conflict between the United States and Great Britain, in 1813, the majority of the Seminoles took part v/ith the latter power, but a portion of them continued friendly to us. The injury done us by the nation was certainly very considerable, and such as to call for a prompt and efficient remedy. General Andrew Jackson v.^as accordingly sent against them, at the head of an effective military force ; and, in a short time, they were s'^. completel}^ reduced by famine and the sword, as to be unable to make further resistance. Under these cir- cumstances, a part of them sued for peace ; and a treaty was drawn up at Fort Jackson, in August, 1814. By this treaty, the American general subjected the miserable natives to terms more odious and tyrannical, than even the Goths and ¥andals, who passed, like a flight of locusts, over the hills and valleys of Europe, blasting every green thing, were ever known to impose upon a conquered peo- ple. Although the condition of the Indians was so pitiable, that our people were absolutely required to save them from starvation by gratuitous supplies of bread ; although they were bending down before us as humbly and as helplessly fts they could have knelt before their God — the chieftain- conqueror, forgetting, perhaps, the eternal principles of HENRY CLAi'. 163 justice and mercy in the intensity of his patriotism, refused to grant them peace, unless they would yield a large por- tion of their territory, convey to the United Slates impor- tant powers and privileges over the remainder, and sur- render into his hands the prophets of their nation. A treaty to this effect was signed by all those chiefs, who had been friendly to our country ; but it has been asserted, that not one of the hostile chiefs, who, with their followers, consti- tuted at least two thirds of the nation, affixed his mark to the instrument. It will not be thought surprising, that, after the date of this nominal peace, occasional acts of hostility continued to be perpetrated on our frontier bj'- individuals of the Semi- nole nation. We know not, indeed, that these acts were at all reprehensible. In a letter from ten of the Seminole towns to the commanding officer of Fort Hawkins, under date of September 11th, 1817, it was staled, with every appearance of honesty and good faith, that, from the day of the treaty of Fort Jackson up to that time, not a single white man had been killed by them, but in revenge for the v/anton murder of an Indian. The governor of Georgia, who was acquainted with all the facts, expressed his opinion that the Seminoles were not in fault. Even if they designed, by their occasional deeds of violence, to mani- fest their determination of not abiding by the treaty of Fort Jackson, it seems to us, that their conduct was nLt wholly unjustifiable. As that treaty had been signed by only one third of the chiefs, we may well question, whe- ther its provisions could, by any possible construction, be considered obligatory on the nation ; and, if they could not, the Seminoles had a right to demand, that, instead of holding their territory, we should extend to them the bene- fit of the ninth article of the treaty of Ghent, whereby we had bound ourselves to grant peace to all the Indians, 164 BIOGRAPHY OF fvith whom we might be at loar at the time of the ratification. of the said treaty, and to restore them their conquered lands. And besides : even admitting, that the treaty of Fort Jackson was as vaHd as it could have been rendered by the signatures of all the chiefs, still its whole character was so grossly and manifestly oppressive, that the poor Indians who were the victims of it, had, if we mistake not, a right, under the immutable laws of nature, to rise at the first opportunity, and redeem themselves from vassalage. A people may sometimes be reduced by war to such an extremity of wretchedness, as to be willing to yield their property and their liberties for the sake of a temporary peace ; but, if their conqueror avails himself of their pros- tration, to demand every thing, which, in the depth of their misery, they will consent to grant, he may rest assured, that, as soon as the first feeling of strength comes over them, they will, ^vith one accord, shiver their fetters into frag- ments, and rush again to battle. These facts and reasonings are suggested to show, that, although it may have been our duty to quell the hostili- ties which took place after the treaty of Fort Jackson, we ought not, in doing this, to have treated the wretched Indians as outlaws, but rather to have conducted toward them with all the lenity that was consistent with prompti- tude and efficiency of action. But what was our course ? General Jackson, who had once subdued the natives and ground them and their wigwams to the dust, was sent again to attack them; and the atrocities which he dis- played toward them in this second war, as well as the contempt which he showed for the rights of neutral pow- ers, have no parallel in our military annals. The high-handed and lawless measures of General Jackson during the campaign, were well calculated to alarm the friends of the constitution. Accordingly, a HENRY CLAY. 165 series of resolutions was offered to congress at the session of 1818-19, expressing, in decided though respectful lan- guage, a disapprobation of the chieftain's conduct, and proposing a legislative provision against the occurrence of farther outrages of the same description. Grateful for General Jackson's military services, and, perhaps, dazzled by the brilliancy of his immortal victory at New-Orleans on the 8th of January, 1815, the Presi- dent and his cabinet were strongly disposed to overlook his errors ; and every effort was made to prevent the pas- sage of the resolutions before congress. Indeed it required no little moral courage, at that day, to come forward as the publick accuser of Andrew Jackson ; and any thing that might be said against him, seemed likely to be lost in the whirlwind of huzzas, which was sweeping wildly over the land. Of all the great men in congress, Mr. Clay alone appeared able to appreciate the empty shouts of the multitude, and to turn a calm and searching look upon the flashing pageantry of military glory. He had a light within liis own soul — the immortal light of patriotism and of intellect — with which he had been too long fa- miliar to be dazzled and bewildered by the pomp and glitter of heroick renown. He had been the personal friend of General Jackson; he had rejoiced, with a patriot's en- thusiasm, in the deeds of the chieftain, so long as they were restrained within the limits of legal authority ; but now he stood forth to vindicate the majesty of the consti- tution, in defiance of whatever might oppose him. It was ''not that he loved Caesar less, but that he loved his country more." One of the measures of General Jackson, which Mr. Clay reprobated in his speech before congress, was the massacre of Indian ^prisoners. The general's first step in the campaign had been to decoy the Seminole chiefs into 166 BIOGRAPHY OF his camp by the stratagem of a false fiag, and to hang thera, hke dogs, upon the first tree. Not content with this offering to vengeance, he afterwards put to death prisoners of the humblest rank, with a cold-bloodedness which might have led a spectator to imagine, that the American armv, while anniliilating every other vestige of the aborigines, was determined to take up and perpetuate their peculiar spirit of atrocity — the only relick saved from the ruins of a mighty people. Mr. C. claimed, that this barbarity of Jackson was wholly wanton and gratui- tous ; that it could have no possible tendency to intimidate the Indian tribes, who, it is well understood, never trouble themselves about the fate of an enemy's prisoners; that the only motive for it must have been an open and undisguised spirit of revenge ; and, that it was directly opposed to what had been the usage of the American heroes, no one of whom was ever known to treat an un- armed captive, whether coming from the courts of Eu- rope or from the western forests, but with forbearance and humanity. He insisted that, as the practice of extending mercy to Indian prisoners had uniformly prevailed from the earliest sera of our history, it was a portion of the com- mon law of the land, and no military commander, how- ever high in station or renowned in exploit, was at liberty to disregard it. The following remarks are beautiful and forcible. "When did this humane custom, by which, in consider- ation of Indian ignorance and our enlightened condition the rigours of war were mitigated, begin ? — At a time when we were weak and they were comparatively strong — when they were the lords of the soil, and we were seeking to gain an asylum among them. And when is it proposed to change this custom — to substitute for it the Woody maxims of barbarous ages, and to interpolate the fiENRY CLAi*. 167 Indian publick law with revolting cruelties ? At a time, when the situation of the two parties is totally changed — when we are powerful and they are weak — at a time, when, to use a figure drawn from their own sublime elo- quence, the great wave, which has flowed in from the Atlantick ocean, has driven back the poor children of the forest almost to the base of the Rocky mountains, and, overwhelming them in its terrible progress, has left no other remains of hundreds of tribes, now extinct, than those which indicate the remote existence of their former companion, the Mammoth of the New World ! — Yes, sir, it is at this auspicious period of our country, when we hold a proud and lofty station among the nations of the earth, that we are called upon to sanction a departure from the established laws and usages, which have regulated omr Indian hostilities. And do gentlemen think, in this au- gust body, this enlightened assembly of Christians and Americans, by glowing appeals to our passions, to make us forget our principles, our religion, our clemency, and our humanity ?" Another lawless measure, which Mr. Clay discussed at considerable length, was General Jackson's treatment of Messrs. Arbuthnot and Ambrister, two Englishmen, who had been trading with the Seminoles, and who, in the course of the campaign, fell into the hands of the Ameri- can army. Ambrister was taken in the Indian camp, and was suspected of having led the savages to battle ; but Arbuthnot was seized within the limits of a neutral terri- tory, and was charged with no other crime than that of informing the Indians, that the treaty of Ghent gave them a right to their lost territory, and advising them to recover it, if necessary, by force of arms. General Jackson gave orders, that both the prisoners should be tried by a court marti^d. The court sentenced them to death, but, upon a 168 BIOGRAPHY OF re-consideratlon of the testimony, revoked the sentence of . Ambrister, and decided, that he should merely be punished with fifty stripes. The General, however, not choosing to abide by ike, decision of the tribunal^ to which he himself had voluntarily referred the fate of his 'prisoners, caused both of them, to be executed icithout delay. In his report to government, he stated, that the prisoners had been " legally convicted, legally condemned, and justly executed." Grod forgive him. The whole legality, at least of Ar- buthnot's execution, consisted in the caprice of General Jackson, and his reckless defiance of the proceedings of court. Mr. Clay proved the chieftain's conduct in this affair so entirely wrong, and so grossly at war with the first principles of law and justice, that every honest and un- prejudiced man in the house of representatives mu^t l;ave yielded at once to conviction. The principle on which Jackson himself relied to justify his treatment of Arbuth- not and Ambrister, is to be found in his general orders for their execution. He says, "it is an established principle of the law of nations, that any individual of a nation, making war against the citizens of any other nation, they being at peace, forfeits his allegiance, and becomes an outlaw and a pirate." Now suppose, that Arbuthnot and Ambrister were " outlaws and pirates" — what right had General Jackson, either to execute the former on the au- thority of a court martial, or the latter on his own autho- rity ? — Outlaws and pirates are amenable to the civil au- thority, and not to individuals or a court martial; and, if such was the character of Arbuthnot and Ambrister, it was the General's duty to retain them as prisoners, to be tried in a court of justice. He cannot be justified upon hi$ own principles. Arbuthnot and Ambrister, however, did tw^ become "out- HENRY CLAY. 169 laws and pirates," by connecting themselves with the In- dian tribes, who were at war with us. Even if both of them had actually taken up arms against us — and it has been proved, that one of them did not — the fact would simply have identified them with the Indians, and made them liable to the same treatment from us, that we are authorized, by the law of nations, to extend to other open and avowed enemies. This position Mr. Clay illustrated by the practice of all nations in all ages. Its validity is unquestionable. In the days of our revolution, England and Poland were at peace ; but who has ever called the illustrious and chivalrick Pulaski an "outlaw" or a '•pirati^" for drawing his sword in defence of American liberty ? During the Seminole war, there were probably in General Jackson's own army, the subjects of almost every power in Europe ; and these men were as much ■'pirates" and "outlaws" for fighting against the Indians, with whom their respective countries were at peace, as Arbuthnot and Ambrister could have been for fighting against the citizens of the United States. '•' Are gentle- men prepared," said Mr. Clay, "to return to their respect- ive districts with this doctrine in their mouths, and say to their English, Scotch, and other foreign constituents — you are liable, in the event of war, to be treated as outlaws and pirates'?" It may be true, that Arbuthnot and Ambrister influenced the Indians to undertake the war. What then ? — This could not justify their being sentenced to death by any tri- bunal whatever, much less by a court martial, or by An- drew Jackson, in defiance of a court martial. " If," said Mr. Clay, " William Pitt had been taken by the French army, during the late European war, could France have jnstifiably executed him, on the ground of his having no- toriously instigated the continental powers to war against 15 170 BIOGRAPHY OF France ? — Would France, if she had stained her charac* ter by executing him, have obtained the sanction of the world to the act, bj appeals to the passions and the pre- judices, hy pointing to the cities sacked, the countries laid waste, the human lives sacrificed in the wars he had kindled, and hy exclaiming to the unfortunate captive. 'you ! miscreant, monster, have occasioned all these scenes of devastation and blood T What has been the conduct, even of England, towards the greatest instigator of all ihe present age? — The condemnation of that illustrious man to the rock of St. Helena is a great blot on the English name. On that transaction, history will one day pass its severe but just sentence. Yes, although Napoleon has desolated half Europe; although there is scarce a pow- er, however humble, that escaped the mighty grasp of his ambition ; although, in the course of his splendid career, he is charged with having committed the greatest atro- cities, disgraceful to himself and to human nature, yet even his life has been spared. The allies would not, England v/ould not execute him, upon the ground of his being an instigator of wars." We have stated, that General Jackson ordered the execution of Ambrister in opposition to the sentence of the court martial. To justify this open departure from all form, the chieftain's defenders in congress insisted, that every commanding officer has an inherent right in himself to retaliate upon his enemies according to his own discre- tion ; and, consequently, that General J. might justly have ordered the execution of Arbuthnot and Ambrister without the formality of a trial. If this were admitted, it could avail nothing in the present case. After General Jackson had, of his own accord, appealed to the court, his right of deciding the case for. himself, if ever it existed, was volun- tarily surrendered. But Mr. Clay proved, in his argu- HENRY CLAY. 171 merit, that the right of retahation, which was claimed for the hero, could not belong to him. Mr. C.'s doctrine was, that the power of retaliation was an attribute of sove- reignty; that it was comprehended in the war-making power possessed by congress ; that, although retaliation might be a principle of the law of nations, it belonged to the civil authority to constitute the tribunal for applying that principle ; that the execution, even of spics^ had not been left to the discretion of commanding officers, but to a tribunal provided by government; that, in this free country, the majesty of the law surrounded every prisoner, and he could not be justly executed, without its being shown, not only that the law had condemned him to death, but that his sentence had been pronounced by the tribunal, which was authorized by the law to try him ; that to con- centrate in one individual the power to make, judge, and execute the law, was thf very definition of despotism: that a military commander, who had not even the disposal of the property, which he might take by reprisals upon an enemy, could much less claim the disposal of the lives of his prisoners; that the pov/er of retaliation, whenever deemed necessary in the past history of the United States, had been confeiTed by an express provision of congress ; that it had never been conferred, even for a limited time and purpose, upon any functionary subordinate to the chief magistrate ; and that even the father of the ahen and sedition laws, had never thought, amid all his usurpa- tions of power, of claiming it as an inherent right. In respect to Arbuthnot, who was made a prisoner within the territory of a neutral people, Mr. C. held his execution to be more atrocious than that greatest of all the atrocities of Napoleon, the execution of Louis of France. Louis, like Jackson's victim, was taken in a neutral teiTitory ; but he was, at least, put to death ac* 172 BIOCRAPHY OF cording to his sentence, and the neutral ground was not stained bj his blood. The other offences of General Jackson, which Mr. C. deemed obnoxious to censure, consisted in the outrages that he committed upon the Spanish authorities, while enga- ged in the subjugation of the Seminolcs. Here he had literally taken into his own hands the war-making power, and exercised it without control. At the opening of the campaign, he received orders from the war department, at Washington, to pass, if necessarj^, into the Spanish terri- tory, but, under all circumstances, to respect the local au- thorities. Even if the Indians should take shelter under a Spanish fortress, he was not to make an attack upon it, but to report the fact to the war department, and wait for further orders. We were then carrying on a negotiation with Spain ; and it was of the utmost importance, that the amicable relations between the tm) countries should not be interrupted. What did General Jackson do ? — Instead of obejdng the orders of government, he reduced St. Marks, a Spanish fortress, and occupied it with his own troops, near the close of March, 1818. By the 20Ui of April, he had effectually put an end to the war, and soon afterwards he commenced his return march. His career of violence, however, was not yet closed. On the 23d of May, he received a letter from the Spanish governor at Pensacola, complaining of his unprovoked and unaccount- able attack upon St. Marks, and warning him, that any future aggression of the kind would be met by force. The letter was precisely what any brave man, determined to maintain his own honour and that of his nation, would have written ; but General Jackson considered it a per- sonal insult, and, marching instantly for Pensacola, took possession of it on the following day, and^ shortly after* HENRY CLAY. 173 wards, reduced the main fortress of San Carlos de Baran- cas by force of arms. It would seem, indeed, as if even infatuation itself could not have attempted to justify General Jackson for such flagitious violations of the rights of Spain ; yet the attempt was made. As an excuse for taking St. Marks, the general had informed the war department, in a letter dated a day or two prior to the event, that he thought the place a convenient depot for his military operations, and was moreover afraid, that, unless he took it, it would /a// into the hands of the Indians. The former reason is too absurd for notice, and the latter is but little better. He could not be afraid, that the Indians would possess them- selves of St. Marks. At his bare approach, the frightened fugitives fled in all directions, without lifting a hand against him ; and, when he had arrived in the vicinity of the fortress, there was scarce an Indian in all that section of country. Mr. Clay compared the capture of the fort to the seizure, by Lord Nelson, of the Danish fleet at Copen- hagen — a deed, for which England has been more cen- sured than for almost any other event in her history. England pretended to be afraid, that the fleet of Denmark, unless taken by her, loouldfall into the hands of Bo7iaparie, who was then playing "the game of empires" upon the Eastern continent. Did this reason avail Britain in the eyes of the world ? — No. She has found no refuge from the storm of execration, that has been poured upon her for her conduct. '-And yet," said Mr. Clay, "she, perhaps, was struggling for her existence. She was combatting, single-handed, the most enormous military power, that the world had ever known. Whom v/ere we contending with? With a few half-starved, half-clothed, wretched Indians and fugitive slaves. And, whilst carrying on this inglo- rious war — inglorious as it regards the laurels or renown 15* 174 BIOGRAPHY OP won in it — we violate neutral rights which the government had solemnly pledged itself to respect, upon the principle of convenience, or, upon the light of presumption, that, by possibility, a post might be taken by this miserable com- bination of Indians and fugitive slaves !" For the capture of Pensacola and the Barancas, no reason was assigned in congress by General J.'s friends, which he himself would not probably have disdained to acknowledge. He never pretended to be apprehensive, that the Indians would occupy these places, and he seems to have attacked them from no other motive than that of resentment for what he conceived to be a personal indig- nity offered him in the letter of the Spanish governor. Mr. Monroe immediately restored them to Spain, acknowledging, that the holding of them would be just cause of war; and yet he and his cabinet used their influ- ence to save General Jackson from legislative censure. Theirs was the anomalous and inexplicable doctrine, that Jackson had a right to reduce the 'places, but that the government had no right to occupy them. We give below the close of Mr. Cla/s address. It is fervid and eloquent — depicting, in -dark and gloomy colours, the dangers that spring from the power of mili- tary chieftains, spurning at civil authority, and leaving their bloody foot-prints upon a broken constitution. It exhibits the wisdom of a mind which has learned the tendencies of unbridled military authority, by looking back upon the awful work that it has done — by contem- plating, with a philosophick eye, the ocean of history, whose dim shores have been paved with the wrecks of fallen empires. '' Recall to your recollection the free nations which have gone before us. Where are they now ? i HENRY CLAY. 175 Gone glimmering through the dream of things, that were — A school-boy's tale, the wonder of an hour. And how have they lost their Hberties ? If we could transport ourselves back to the ages, when Greece and Rome flourished in their greatest prosperity, and, mingling in the throng, should ask a Grecian if he did not fear that some daring military chieftain, covered with glory, some Philip or Alexander, would one day overthrow the liber- ties of his country — the confident and indignant Grecian would exclaim, no ! no ! — we have nothing to fear from our heroe*: our liberties will be eternal. If a Roman citizen had been asked, if he did not fear that the con- queror of Gaul might establish a throne upon the ruins of publick liberty, he would instantly have repelled the un- just insinuation. Yet Greece has fallen, Caesar passed the Rubicon, and the patriotick arm, even of Brutus, could not preserve the liberties of his devoted country ! " We are fighting a great moral battle, for the benefit^ not only of our own country, but of all mankind. The eyes of the whole world are in fixed attention upon us. One, and the largest portion of it, is gazing with contempt, with jealousy, and with envy ; the other portion, with hope, with confidence, and with aflfection. Every where the black cloud of legitimacy is suspended over the world, save only one bright spot, which breaks out from the po- litical hemisphere of the West, to enlighten and animate and gladden the human heart. Obscure that, by the downfall of liberty here, and all mankind are shrouded in a pall of universal darkness. To you, Mr. Chairman, belongs the high privilege of transmitting unimpaired to posterity, the fair character and liberty of our country. Do you expect to execute this high trust by trampling, or suffering to be trampled down, law, justice, the constitu- tion, and the rights of other people ? By exhibiting exam- 176 BIOGRAPHY OF pies of inhumanity, and cruelty, and ambition ? When the minions of despotism heard, in Europe, of the seizure of Pensacola, how did they chuckle, and chide the admi- rers of our institutions, tauntingly pointing to the demon- stration of a spirit of injustice and aggrandisement made by our country, in the midst of amicable negotiation. Behold, said they, the conduct of those who are constantly reproaching kings. You saw how those admirers were astounded and hung their heads. You saw, too, when that illustrious man who presides over us, adopted his pacifick, moderate, and just course, how thejfc once more lifted up their heads, with exultation and delight beaming in their countenances. And you saw how those minions themselves were finally compelled to unite in the general praises bestowed upon our government. • Beware how you forfeit this exalted character. Beware how you give a fatal sanction, in this infant period of our republick, scarcely yet two score years old, to military insubordina- tion. Remember, that Greece had her Alexander, Rome her Csesar, England her Cromwell, France her Bonaparte, and, that, if we would escape the rock on which they split, we must avoid their errors. " I hope gentlemen will deliberately survey the awful isthmus on which we stand. They may bear down all opposition ; they may even vote the general the publick thanks: they may carry him triumphantly through this house. But if they do, in my humble judgement, it will be a triumph of the principle of insubordination — a triumph of the military over the civil authority — a triumph over the powers of this house — a triumph over the constitution of the land. And I pray most devoutly to Heaven, that it may not prove, in its ultimate effects and consequences, a triumph over the liberties of the people.'' This speech of Mr. Clay, though in all respects equal HENRY CLAY. 177 lo the splendid orations of Sheridan in the case of Warren Hastings, or of the most magnificent of the philippicks of Burke, was not, hke them, fraught with a spirit that seemed raging and maddening for a victim. It breatl:ied not a spirit of vengeance, but of unfeigned regret — the spirit of one, who h. ti nerved himself to the performance of a stern duty, but was compelled, after all his efforts, to " strike with an averted face." Had it not been for the exertions of Mr. Monroe and his cabinet, the resolutions of censure, so triumphamly sup- ported, would have passed the house of -representatives without difficulty. INIost of the member,?, when they first heard of General Jackson's proceedings, were startled at his unparalleled temerity. They could not doubt, that, at every step of his progress, he had wantonly sacrificed the constitution and the laws to the bright thoughts of glory and the dark ones of revenge ; but still his fame was so high, he had fought so bravely on one great and memo- rable day of peril, that they had a secret longing to dis- cover some pretext for permitting him to pass uncensured. Nothing but a slight apology was wanted. Such an one was found in the wishes and professed opinions of the administration; and the vote of censure was lost by a small majorit3^ Had Mr. Clay repeated his efforts in favour of tlie resolutions, as he had often before done on other irreal national questions, it is more than probable that he would have carried the vote of the house with him ; but, after giving one exposition of his views and principles, and ringing in his country's ear one deep and solemn warning, he believed that his duty was discharged, and the thought of following up an attack upon the conduct of an indi- vidual was far from agreeable to his feelings. The intercourse between Mr. Clay and General Jack- son, which had before been of an amicable nature, was 178 BIOGRAPHY OF here broken off. The general arrived at Washington the day after Mr. C.'s speech was delivered; and the latter, to show that he was not disposed to suffer the sentiments of personal friendship to be interrupted by considerations of a publiek nature, immediately call'u and paid his re- spects to the chieftain at his lodgings^ The visit was not returned; and General Jackson afterwards carried his animosity so far, as to refuse to interchange the common courtesies of hfe with the man, who had dared to doubi the legality of his conduct. HENRY CLAY. I79 SECTION FIFTH. i-*ROBABLY the name of Henry Clay is hardly ever iiientioned at the present period, without suggesting, by an irresistible association, the American system for the protection of home industry —