THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES I , / I wsm [SECOND EDITION, REVISED.] BIOGRAPHY OF HENRY CLAY. BY GEORGE D. PRENTICE. Neto= Ycrrfe : PUBLISHED BY JOHN JAY PHELPS. 1831. Dittrict of Connecticut, as. BE IT REMEMBERED, That on the fourth day of December, in the flfty-flfth year of the independence of the United States of America, Samuel Hanmer, Jr. and John Jay Phelps, of the said district, have deposited in thia office the title of a book, the right whereof they claim as proprietors, in the words following, to wit : " Biography of Henry Clay. By George D. Prentice, Esq. 1 ' In conformity to the act of congress of the United f-tates, entitled, " an act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the times therein mentioned," and also to the act, entitled, " an act supplementary to an act, enti- tled, ' an act for the encouragement of learning, by securing the copies of maps., charts, and books, to the authors and proprietors of such copies, during the time* therein mentioned, and extending the benefits thereof to the arts of designing engraving, and etching, historical and other prints." CHARLES A. INGERSOLL, Clerk of the District of Connecticut. A true copy of record, examined and sealed by me. CHARLES A. INCJERSOLL, Clerk of the District of Connective, PREFACE I SHOULD be blind indeed to the present state of publick feeling, not to be aware, that, in presenting this volume to the publick, I am exposing my name, humble as it is, to much obloquy. This, however, is a matter of little consequence. I have guarded myself against the more disa- greeable effects of abuse, by endeavouring not to deserve it. My mo- lives are good ; and hence I am willing that the breath of political ma- lice should, like the wind, "blow where it listeth," and I shall not stop to inquire "whence it cometh or whither it goeth." The publick are perhaps apprized, that most of the following pages \have been prepared at Lexington, near the residence of Mr. Clay. From this circumstance, I deem it proper to say, that Mr. C. is, in no degree, responsible for the manner or matter of a single paragraph in the volume. I have often had the pleasure of meeting him in society, s v ' but I am confident that he has communicated to me far less informa- ^ tion, with regard to himself, than he would naturally have done, had he not known that I was preparing a sketch of his life. Some months ago, my Publishers applied to him, by letter, to know whether he was willing that his Biography should be given to the world. In his answer, he etateJ, that, as his acts were before his fellow-citizens, he could pro- perly exercise no censorship or control over the comments, either of friends or enemies ; but, that he must frankly acknowledge the repug- nance of his own private feelings to the contemplated publication. Had I read this answer in season, I should have remained in New- iy PREFACE. For many of the imperfections of this volume, the intelligent reader will require no apology. During the greater part of my stay in Ken- tucky, I have been unable, from indisposition, to endure the labour of writing ; and hence, when my health has permitted, I have necessarily written with a degree of haste wholly inconsistent with the care and attention wliich, under other circumstances, I should certainly have be- stowed upon my work. The necessity of sending the manuscript to New-England, sheet by sheet, without even allowing myself time to preserve copies of it, has undoubtedly led to some errors of plan and ar- rangement. The same necessity, together with that of limiting the vo- lume to a given number of pages, has compelled me to omit several im- portant incidents in the more recent portion of Mr. Clay's history. I am not unaware, that the written history of a man, whose life ex- hibits no adventures, save those of an intellectual character, is seldom read with that enthusiasm, which is generally called forth by the story even of a second rate chieftain. The reading community are more fond of tracing the progress of action than of thought, although the latter is the source of the former. They can gaze with rapture upon the beauty or magnificence of the stream, without caring to understand the myste- ries of the power by which the fountain-wave is cast up from its secret home, i The achievements of the great intelligences of the age are too Kttle regarded. If mankind would be careful to trace the mental histo- ries of the mighty ones of the earth ; if they would but mark the gra- dual unfolding of the principles, the powers, and the passions, of those great master spirits, that give form and pressure to the njies in wliich they live ; each generation would bo furnished with an amount of moral power, by which it might elevate itself into a nobler sphere of being, And leave behind it a long train of glory for the illumination of posterity. .7 Henry Clay is such a maf^-one, whose moral and mental history i should be regarded as a portion of the common riches of the human \l rmce-^one of those noble-minded existences, from whom the world's happiness and glory are yet to spring ; and there is more profit in canning the mind of such a being in marking The origin, the combi- nation, and the development of its powerful elements than in contem- plating the successes of all the military conquerors, from Alexander to Napoleon. , I have already been freely charged with undertaking the Biography of Henry Clay, with a view 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 gratifying 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 arguments justice ; but, perhaps the faint and disfigured copies which I have given, may have the effect to turn the attention of some of my readers to the glorious fls. Whenever attempting an outline of Mr. C.'s arguments, I sed his phraseology or my own, according as I found either the the other best adapted to my purpose. THE AUTHOR. Lexington, Kentucky, November 14th, 1830. BIOGRAPHY OF HENRY CLAY. SECTION FIRST. THE life of Mr. Clay is so thoroughly interwoven with the civil and political history of the country, that it would be impossible to do full justice to it, without embracing a range of topics and an exactness of detail, that would ex- tend the present volume far beyond the limits which we must necessarily allot to it. During the last twenty years, scarce a single great and salutary measure has been adopt- ed, upon which the signet of his wisdom is not set, and therefore we may well leave to the Nation's future histo- rian the task of furnishing a minute record of his intel- lectual achievements. Our task will be of a less ambitious character. Henrj- Clay was born in Hanover county, Virginia, on the 12th of April, 1777. His father, a clergyman of considerable talent and high respectability, died while Henry was yet a child. By the kindness of a gentleman in Virginia, we have been furnished with a variety of in- teresting anecdotes in relation to the ancestors of the subject of these memoirs, but we scarce deem it expedient to give them to the publick. We are writing the life of a man, whose fame, whatever it may be, is his own creation, and not an inheritance from his progenitors. His claims to 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 speaking, and was wholly unconscious 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. the subject of debate, was about to be taken, Mr. 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 by 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 addressed the Chairman simultaneously " Do not put the question yet Mr. Clay will speak. 1 ' The attention of the Society was now, of course, directed to Mr. Clay, who, not having sufficient confidence to resist the appeal, arose under extraordinary embarrassment, and commenced his speech, by saying "Gentlemen of the Jury." The members of the Society, all of whom were his personal friends, were unwilling 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 Mr. Clay, and that of Mr. Burke, were strikingly similar. We have somewhere read, that the latter orator, like the former, gained in a Debating So- ciety the first knowledge of his own vast powers, and was there first visited by visions of coming glory. 10 BIOGRAPHY OF A 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 mind and perspicuity of judgement being such as to enable him to comprehend them at a glance. We have heard much in relation to his early professional efforts. They are well remembered by his fellow citizens, from whom we learn, that he was universally regarded as a powerful spirit, destined, in the meridian of life, to take his place among the leading intel- ligences of tikjrage. 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, afld 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 ai- 12 BIOGKAPHY OF lowed to break away from the technicalities and arbitra- ry forms of law, he never failed to excite admiration and surprise by the closeness and cogency of his reasonings the boldness and originality of his 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, when he was employed to defend Mrs. Phelps, a woman indicted for murder. Up to the time of this trial, it had been doubted by some, whether his powers as an advocate were not overrated by a too partial public. It had been some- times suggested, that the youthful stranger caught the eye and charmed the ear by the fascination of his manner and the melody of his voice, rather than convinced the understanding by the profundity and force of his argu- ments ; but all controversy upon this point was now to be put forever to rest. Mrs. Phelps was the wife of a respectable farmer, and was herself respected, both on ac- count of the general correctness of her deportment, and the good character of the family from which she was de- scended. Her victim was a Miss Phelps, a beautiful and amiable young lady, and the sister of her husband. It seems, that Mrs. P., while in her husband's house, taking some offence at her sister-in-law, seized a gun and shot her instantly through the heart. The poor girl had only time to exclaim, "Sister, you have killed me," and ex- HENRY CLAY. 13 pired. This case excited the intensest sympathy for the husband of the accused, and gave rise to a thousand spe- culations as to the nature and extent of the crime. When the trial came on, the Court-House was crowded to over- flowing, and the interest of the spectators was eloquently expressed by the anxiety of their- countenances, and the deep hush that pervaded the hall. The fact of guilt on the part of the defendant could not be contested. The act, for which she stood indicted, had been committed in the presence of several witnesses, and of course, the only question was, to what class of crimes the offence be- longed. If it were pronounced murder of the first degree j the life of the wretched prisoner would be the forfeit, but ; if manslaughter, she would merely be punished bjr con- finement in the gaol or penitentiary. The legal cifntest was long and able. The efforts of the counsel for the prosecution were such as might have been expected from a powerful and learned man engaged in a case of deep and general interest : yet Mr. Clay not only succeeded in saving the life of his client, but excited in her behalf such intense pity and compassion, by his moving eloquence that her punishment was mitigated to the lowest de- gree permitted by the law. In the management of this case, Mr. C. convinced his fellow citizens, that he was not only profoundly versed in the criminal laws of his coun- try, but that he was skilled in the science of human nature, and knew the home of every weakness and passion. Another criminal case, in which Mr. Clay was engaged shortly afterward, is said to have been scarcely less inte- resting. It was tried in Harrison County. Two Ger- mans, father and son, had been indicted for murder, and Mr. C. was employed to defend them. The deed of killing was proved to the entire satisfaction of the Court, and was considered an 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 saving of their lives. After a warm and unintermitted struggle of five days, he succeeded. The Jury found a verdict of manslaughter. Not satisfied with this signal triumph, Mr. C. moved an arrest of judgement, and, after another day's contest, prevailed in this also, and, of course, the prisoners were discharged, without even the punishment of the crime of which the Jury had found them guilty. During the whole of this long trial, an old, ill-favoured German female, who was the wife of the elder prisoner and the mother of the younger, had been sitting in one unvaried posture, watching the countenances of the Jury, and listening to the spirited contest of the counsel, though she probably understood little of the language in which, it was conducted. After the success of the final motion for an arrest of judgement, a gentleman, who had been observing her, approached where she sat, and whispered in her ear, that her husband and son were acquitted. Her sudden rapture broke over all restraint. She threw up her arms in a wild excess of joy, and ran to Mi: 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. Whilst 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 novo, in other words, a new trial, which was granted by the Court. Mr. Clay made no opposition to this motion, but reserved all his strength for the argument before the Jury. 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 was too late to convict him, for he had been once tried, and the law required, that no man should be put twice in jeopardy for the same offence. The Court was startled at this assumption, and peremptorily prohibited the speaker from proceeding in the argument to maintain it. Mr. Clay drew 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 \Q 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 was a negro slave a proud and faithful servant and one, who had never been accustomed to the degradation of corporeal chastisement. During a temporary absence of his master, however, he was placed under the charge of a young and passionate overseer, who, for some slight or imaginary offence, struck him rudely with a horse-whip. The spirit of the slave was instantly roused, and, seizing a weapon that was near him, he laid his overseer dead upon the spot. This offence, if the perpetrator had been a white man, would have been so clearly a case of manslaughter, that the counsel for the prosecution would have contended for nothing more. It had all the distinguishing characteris- ticks of 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 could plead no such mitigation of a similar offence, inasmuch as it was the duty 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 wrought so completely upon 2* 18 BIOGRAPHY OF the minds of the Jury, that the prisoner was convicted of murder, and sentenced to death. Soon afterward, he was borne to the place of execution, and the pride of spirit and character, which he there displayed, is said to have been worthy of a Roman patriot. Being asked, whether he was anxious that his life should be spared "No!" said he, sternly, "I would not live a day longer, unless in the enjoyment of liberty." Mr. Clay was not a wit- ness of the execution, but we have heard him remark, that he regretted the part he had taken in procuring the conviction of this poor slave, more than any other act of his professional life. It is indeed a remarkable fact, that, notwithstanding the immense number of capital cases, which Mr. Clay has defended, not one of his clients was ever sentenced to death. We do not believe, that the history of any other advocate, either living or dead, can exhibit such a series 'of splendid triumphs. The state of society that existed in Kentucky, some years ago, is well known. Murders were of frequent occurrence, and, as a natural consequence, Mr. C. was almost constantly engaged in defending the accused. From his uninterrupted success, it will readily be inferred, that, whenever those who were indicted for murder were so fortunate as to engage his professional services, they felt that their lives were safe. Such 'was indeed the case but Mr. C. would not consent to under- take the defence of all prisoners 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 temperament, that, when- ever he had once enlisted for a client, his feelings con- RY CLAY. 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^ja 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 courteel. 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 OF 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 jury, 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 j 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 begun the practice of law. 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 nature. His vigorous pen was busy in the public journals, and his eloquent voice was raised m almost every assemblage, in favour of the election of men to the convention, who would con- tend for the eradication of slavery. Let it not be sup- posed, that the principles which he essayed to vindicate, were the same that are avowed by certain ill-judging phi- lanthropists of the present day. He did not contend for the abolition of slavery at once, but by a slow and cer- tain process. He did not propose to break suddenly down the barriers of the fearful lake, and let the dark and thun- dering torrent sweep over the country, like the tide of death but to open an outlet, through which the waters might pass off in silence and safety. The struggle was a fierce one ; but the advocates of slavery prevailed, and the young champion of liberty and equal rights, who had 22 BIOGRAPHY OF made the aristocrats of the land tremble for their ancient prerogatives, became unpopular on account of the part he had acted. The true principles of slavery were not then understood. The idea of emancipation was new. It alarmed the prejudices of the multitude, and Mr. C's. pow- erful vindications of it, were regarded by many, rather as the brilliant but wayward efforts of a young votary of ambition, striving to attract attention by the startling and paradoxical character of his opinions, than as the results of a calm and deliberate conviction of right. This was unquestionably a mistake. His sincerity in opposing ne- gro servitude was manifest from every act of his life from his professional, no less than from his political exer- tions. Whenever a slave brought an action at law for his liberty, Mr. C. volunteered as his advocate ; and, it is said, that in the whole course of his practice, he never failed to obtain a decision in the slave's favour. A passion for the liberty cf 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 his friends. The partial unpopularity which Mr. Clay brought upon himself, by his bold and persevering advocacy of a mea- sure, which the majority of his fellow-citizens considered as tending to the subversion of their most important inte- rests, was not of long duration. In 1798 99, the admi- nistration of the general government enacted the famous alien and sedition laws, which the democracy of the country justly regarded as violations of the spirit of the constitution, and flagrant aggressions upon the independ- ence of the people. The spirit, which was thus awa- kened throughout the country, too fierce to be quelled till the administration retraced its steps, is still vivid in the memories of the politicians of that period. Kentucky was one of the first states to array herself against the ob- noxious laws, and she kept her attitude, undaunted, to the last. On this occasion, Mr. Clay came forward in defence of the rights of the people; and, notwithstanding his youth and inexperience, and the extraordinary zeal and eloquence of some of the gentlemen who were engaged in the same patriotick cause with himself, he was soon re- garded as one of the master-spirits of his party. The object of his exertions was, at once, worthy of his pow- ers, and adapted to their noblest manifestations. He has been deservedly called " the great commoner." It is in the defence of popular rights, and the indignant denun- ciation of aristocratical tyranny, that his eloquence hag 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 distin- 24 BIOGRAPHY OF guished man, and a powerful speaker. The address of Mr. Nicholas was long and vehement; and when he de- scended from his stand, he was greeted 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 but there was no shout. The feelings of the gathered multitude were too wild and deep for applause; and a low, sullen murmur, rose upon the air, like the ominous tones of the ocean, when "the infant storm is sitting on his dim dark cloud." Mr. William Murray, a man of great worth and popu- larity, though a federalist, and a supporter of the admi- nistration, now attempted to address the people, in reply to Nicholas and Clay. For some time his efforts were in vain; and he would have been driven from his stand, had not his opponents generously interfered in his behalf. He, 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. Murray but the people would hear no more. His first words were the signal for a simultaneous rush from all directions toward the spot where he stood; and it was only by a precipitate flight into the country that he escaped being treated with personal indignity. The people now took Clay and Nicholas upon their shoul- ders, and forcing them into a carriage, drew them through HENRY CLAY. 25 the streets, amid shouts of applause. Such an incident in the life 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 third day of the election, Mr. C. himself arrived on the ground. At first he adopted the resolution of taking no part in the contest; but after listening, for some time, to the electioneering speeches of his competitors, and witnessing the arts of intrigue that were practised to defeat him, his feelings became gradu- ally interested, and he, at length, addressed the electors in person. His remarks were few, but well directed. He told his fellow-freemen that he was, indeed, young and inexperienced, and had neither announced himself as a candidate, nor solicited their votes; but that, as his friends had thought proper to bring forward his name, he 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 was Mr. C.'s first election to an} 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 office for him at the hands of the citizens of Fayette, it has been given him by an overwhelming majority. One of the immediate causes of Mr. Clay's election to the office of representative, in 1803, grew out of the state of public feeling in Fayette, on the subject of the Lex- ington Insurance Office. Mr. Felix Grundy, then an in- fluential politician in Kentucky, had given evidence of an intention to procure the repeal of the law 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. Grundy' s movements ; but it was well known in Fayette, that he regarded the object of Mr. G. as both inexpedient and unconstitutional. Holding these views, he was selected by the friends of the insurance office as their champion. During the legislative session of 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 CLAY. 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 rinding himself com- pelled to desist from offensive warfare, he tried every ex- pedient to secure a safe escape; but his eagle-foe pursued him close in all his movements his sweeps towards earth and his flights towards heaven and, at last, grappled with him, and held him fast. In the trial of numbers, which followed this encounter, Mr. Grundy's 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 ita charter. 28 BIOGRAPHY OF In the course of the legislative session of 1805, Mr, Clay made an effort to procure the removal of the seat of government from Frankfort ; and his speech on the occa- sion is said to have been an inimitable specimen of argu- ment and humour. Frankfort is peculiar in its appear- ance and situation, being sunk down, like a huge pit, below the surrounding country, and environed by rough and precipitous ledges. " We have," said Mr. C., " the model of an inverted hat Frankfort is the body of the hat, and the lands adjacent are the brim. To change the figure, it is 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 usually irresistible ; and although, on such oc- casions, his remarks seemed the mere breaking forth of involuntary hilarity, they were always directed, with philo- sophical skill, to the accomplishment of the object which he had in view. HENRY CLAY. 29 Notwithstanding the conspicuous and important part which 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 lawyer gave him an additional influence in the legislature. His judicial eloquence retained all its early characteristicks, but was constantly improving in grace and strength. His high station enabled him to disdain all those petty devices, to which the inferior members of the profes- sion are often tempted to descend for the sake of a subsist- ence. His enemies, as well as his friends, admit, that he could never be prevailed on, by offers from the great and affluent, to conduct an unjust or oppressive prosecution ; and, that he never refused to undertake the defence of a man in humble life, on account of the power or standing of the opposite party. This very magnanimity involved 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 great genius. Col. Daviess, in a moment of irritation, had struck a tavern-keeper in Frankfort for some common and trifling remark. To punish the indigni- ty, the tavern-keeper obtained a writ against the offender. This was easily done, but to procure an attorney to conduct the prosecution proved a more difficult matter. The plain- 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 wrongs and perplexities, and inquiring whether Mr. C. would consent to undertake the manage- 3* 30 BIOGRAPHY OF ment of his cause. Without the least hesitation, Mr. Clay returned an affirmative answer, and the cause soon came on for trial. The defendant, Col. Daviess, acted as his own attorney, and was cruelly and unnecessarily severe upon the humble individual, by 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 attorney, and should manage his cause according to his own judgement, without taking advice from any one, and, least of all, from his cli- ent's antagonist. The trial proceeded, and Col. Daviess, burning with shame, and stung to resentment by the laconick 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 while Mr. Clay was an active and influential member of the legislature, that he appeared at the bar in behalf of the celebrated Aaron Burr, who had been arrested in the state of Kentucky, at the in- stance of the district 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 talents and legal attainments, that a man of Burr's vast pov jts, 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 by the district attorney, a passionate admirer of Col. Alexan- der Hamilton, whom Burr had killed in a duel. The put lick rnind having been poisoned on the subject of conspira- cies and treasonable projects, it was strongly suspected, 32 BIOGRAPHY OF that the district attorney was attempting to avail himself of this state of things to revenge the death of his idol upon Col. Burr. Mr. Clay and Col. John Allen, the council of the accused, partook of the sentiments and sympathies of the publick in respect to his innocence, and, when he sent them a large sum of money in anticipation of their services, they returned it to him, considering that it was improper to treat as an ordinary culprit a distinguished and perse- cuted stranger from a distant state, who had been eminent in the legal profession, and stood high in the national councils. Col. Burr was first brought before the federal court at Frankfort, and discharged. No presentment or 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 any one or more states from the residue. I have neither published a line on this subject, nor has any one. through my agency or with my knowledge. I have uo 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, are 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" 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 S4 BIOGRAPHY OF had been colbcted by Mr. Jefferson, as to the guilt of Colonel Burr, especially a letter in cypher, which the lat- ter had transmitted by Colonel Samuel Swartwout, to the commander of the United States' army, containing a par- tial disclosure of his criminal projects, Mr. Clay became tatisfied 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 oi 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 This he did in conjunction with Colonel Allen, as pure a patriot-hero as ever lived and died for his country ; and yet, from these circumstances, political malice has not failed to argue, that Mr. Clay shared in the guilt of Burr's conspiracy. The shaft was aimed with a will 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, apd like 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 first appointment to the United States Senate took place, as has already been stated, in the latter part of 1806. This appointment was not for a regular senato- rial term of six years, but merely for a single session, the residue of the term of General Adair, who had resigned his seat. The new senator proceeded to Washington, in December, 1806; and, by a rather singular incident, learned, before his arrival at the capitol, what expectations had there been formed of him, with regard to a particu- lar measure, by which the senate was then agitated. A few miles from Washington, he met with a stranger from Georgetown, in the District of Columbia, who, without knowing either his name or station, incidentally informed him, in the course of a friendly colloquy, that, at the seat of government, there was one engrossing topic of conver- sation. This topic was the erection of a bridge over the Potomac river. The citizens of Washington and Alex- andria, according to the gentleman's statement, were zeal- ous in favour of the bridge, for the construction of which, they were endeavouring to obtain authority from congress ; but the people of Georgetown were strongly opposed to it, from the belief that it would materially injure, if it did not ruin, the prosperity of their city. Mr. Clay inquired of his companion, how the senate would probably decide the question. "We have ascertained," replied the gen- tleman, "how each of the old senators will vote they are equally divided; but a new member, of the name of 36 BIOGRAPHY OF Clay, is daily expected to take his seat; and, if he arrives before the question is put, it is said that he will certainly vote against the bridge, and decide the controversy in our favour." Mr. C. did not make himself known, but pro- ceeded to Washington, and found, on his arrival, that the statement which had been made to him, in relation to the condition of popular feeling, was not exaggerated. No- thing seemed to be thought of, either in or out of the senate, except the bridge. Mr. C. was a stranger; but he immediately found himself surrounded by the citizens of Georgetown, who made him the object of their warmest and most unremitted caresses. The motive which prompt- ed their peculiar attentions, could not be unknown to him; but no allusion was made to it. Up to the time when the vote on the bridge bill was about to be taken, he had not given the slightest intimation of his opinions upon the subject. His first speech was upon that bill an eloquent and much-praised effort, wherein he gave a powerful and triumphant vindication of the policy of authorizing the erection of the bridge. His speech was of far more value than his single vote, for he carried with him a 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- timately advance the prosperity of our country, to a de- HENRY CLAY. 37 gree hitherto unattained, and almost undreamed of, by the mightiest nations of the old world. Mr. Clay's speech upon the bill, for a bridge over the Potomac, was never re- ported, but he is said to have alluded, with great causti- city and effect, to certain gentlemen, who had made an in- temperate opposition to the bill. Mr. Tracy, a senator from Connecticut, whose looks were sometimes more sage than his words, had delivered a haughty and insolent speech, reflecting, with unprovoked and unpardonable se- verity, upon the younger members of the senate, and ma- king a parade of extraordinary knowledge upon the ques- tion in debate. In hitting off the wise and knowing look 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 marrow-bone." So great was Mr. Tracy's mortification 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 opera- tions of law. On this subject Mr. Clay did not speak. Having recently been Colonel Burr's counsel, he deemed 4 38 BIOGRAPHY OF it unadvisablc 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. Fortunatelj r , however, the bill was lost in the lower house. The opposition that was made to it by the minority in the senate, did not result from any sympathy or respect for Aaron Burr, the depravity of whose character was now generally acknowledged, but from a patriotic regard for the supremacy of the laws. The law of habeas corpus is the ark of American liberty, and violent hands ought not to be laid upon it, in every slight or imaginary emer- gency. Though it may sometimes afford a temporary shelter to the guilty, we ought not, on that account, to 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 whole history of the_govern- ment. Its operations have been two or three times resist- ed by military chieftains, who fancied that measures thus arbitrary were demanded by the peculiar exigencies in \yhich they were placed ; but their conduct has already been the subject of protracted public discussions, and we would add nothing to what has been said of it. In the summer of 1807, Mr. Clay's term of service in the United States Senate having expired, he was again placed before the citizens of Fayette, as a candidate for the Kentucky legislature. Under ordinary circumstances, no aspirant would have dared to enter the lists with him ; but the fact of his having been the attorney of Colonel Burr, gave courage to the federalists, and emboldened them to bring out a candidate in opposition to him. Their whole hope of success depended on exciting against Mr. Clay a portion of the indignation that existed against Burr. The attempt was worse than futile. The shame- HENRY CLAY. 39 less calunnry fell crumbling from his name, like filth thrown by the hands of a clown against the pillars of a magnificent edifice. When the electors had assembled, he stood proudly up among them, and addressed them on the subject of his intercourse with Burr. His election was carried by a majority, which even he himself had never before received. After the delivery of his address, it would have been dangerous for any man to reiterate the lying charge against him. The people would not have endured it. As soon would they have suffered their fa- vourite " Commoner" to be charged with the crimes of all the individuals whom, in the course of his practice, he had consented to defend. " In the course of the next session of the general assem- bly, Mr. Clay was chosen speaker, by a large majority, over a very popular rival. The duties of this office he discharged with the same fidelity and skill for which he was afterwards distinguished, while holding a similar of- fice in the Congress of the United States. Occasionally, too, he came down from his place, and took part in the fierce grapple of mind with mind. It was his good for- tune, in the course of the session, to prevent the whole system of the common law from being annihilated in the x courts of Kentucky. A motion was made to prohibit the reading in court of any British decision, or elementar}' work on law. This motion was strongly supported by argument ; and more than four fifths of the members of the house evinced a determination to vote in favour of it. Aside from other objections against the common law, it was argued, that the Americans, as an independent peo- ple, ought not to 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 jnoved 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 by a vote almost unanimous; and, consequently, the binding authority of the great body of the common law still con- tinued to be acknowledged. This effort of Mr. Clay has justly been considered by himself and his friends as one of the greatest intellectual achievements of his life. The prejudices of the multitude against the common law are almost universal ; and, at the time of which we have spo- ken, they existed in the Kentucky legislature in all their strength. The common people have heard, that this law, consisting, as it does, of all the reported decisions of the British courts, fills hundreds of volumes, and they do not readily comprehend how the men of the present clay can become acquainted with it, and, much less, give it a practi- cal application in this country. They are apt to look upon it as a mere shapeless mass of incongruities and ab- surdities, that has been accumulating for years and centu- ries. They imagine that it is half made up of frivolous precepts, and ludicrous distinctions, which have no better effect than to set common sense and common justice at naught, by the conviction of the innocent, and the dis- charge of the guilty. They are not aware that the com- mon law is the embodied wisdom of ages, and that, al- though it may appear irregular at first view, it v> ill be HENRY CLAY. 41 seen, when viewed in the light of a few plain principles, to be a system of unrivalled symmetry, beauty, and mag- nificence. They do not know, that its fundamental rules are so simple and well established, that the most unletter- ed can readily learn them, but suppose, that the whole sys- tem, ancient and mighty as it is, might advantageously give place to a few 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 portraying that spirit of- vandalism, which mocks at the wisdom of the " world's gray fathers," and would wantonly make wreck of a system fraught with the intellectual wealth of centuries, and whelm its last fragment beneath the wave, Mr. C. was great beyond expression. A gentleman, who was in the lobby of the house, and who has since risen to distinction, has averred, that all his subsequent ideas of perfect eloquence have been formed upon that one model. It surpassed any thing which he has since heard or had before conceived. Every muscle of the orator's face was at work, his whole 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 4* 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 accompanied by a degree of physical exertion, which, in his recent condition of bodily debility, he would have been unable to endure even for a short period of time. In the year 1808, Humphrey Marshall, a gentleman of whom we have already made mention, became a member of the legislature of Kentucky. He was, at that time, a man of strong mind and extensive information, but a bit- ter federalist, and an unwe^/ied opponent of Mr. Clay. Mr. Marshall had repeatedly assailed Mr. C. and his friends in the newspapers, and, as a natural consequence, their political hostility was turned to personal hatred. Both now being members of the legislature, there appear- ed to be a willingness on the part of the other members, to bring them into direct collision. To this end, several gentlemen declined voting for Mr. C.'s reappointment to the office of speaker, knowing that, if he were in the speaker's chair, he would not have an opportunity of meet- ing his antagonist without restraint. During the first weeks of the session, Clay and Marshall frequently met each other in debate, and the former was uniformly victo- rious, being, in fact, incomparably superior, in all respects, to his antagonist. At length, Mr. C. brought a resolution before the house, that each member, for the purpose of en- HENRY CLAV. 43 eouraging 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 justify. Mr. Clay's language in reply, was probably of a harsh character, and the quar- rel proceeded from one stage to another, till, according to the laws of honour, which every Kentuckian of that day was taught to reverence, no alternative remained to Mr. Clay, and he was required to challenge his antagonist. The challenge was accepted. The parties met, and the rirst shot was exchanged without other effect than a slight wound to Mr. Marshall. On the second or third trial, Mr. Marshall's ball gave Mr. Clay a slight 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 all 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 manufactures a policy which, through the influence of his subsequent exertions, has done so much for the prosperity of the nation. Of his per- sonal courage, no one ever entertained a doubt. It is said of him, that the eye 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 com- bat. His is a spirit that knows not to bow down or trem- 44 BIOGRAPHY OF ble in the presence of an enemy, whatever may be the character under which that enemy presents himself. A measure 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 county, who were entitled to two representatives in the general assem- bly, had given 436 votes for Charles Helm, 350 for Samuel Haycraft, and 271 for John Thomas. Mr. Hay craft, at the time of the election, was an assistant judge of the circuit court of Hardin, and he did not resign the office till some weeks afterward. The 26th section of the se cond article of the Kentucky constitution provides, that those who hold or exercise any office of profit under the commonwealth, shall be ineligible to a seat in the general assembly. Under these circumstances, Mr. Clay moved to inquire, whether Mr. Haycraft was entitled to a seat, and, if not, whether Mr. Thomas was entitled to it. The case was not unlike that of Mr. Wilkes, which excited much discussion in England in the days of Junius. The latter case is perhaps familiar to the public. Mr. Wilkes, a member of the house of commons, having become ob- noxious to the ministerial party, was expelled from the house for causes which were considered as constituting a disqualification for a seat. In spite of this decision of the house, the citizens of Westminster determined to re-elect him. The ministry, on learning this determination, se- cretly procured a candidate to be put up in opposition to him. A few votes were given for the opposition candi- date, but Mr. Wilkes was re-elected by a great 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, they not only ex- cluded Mr. Wilkes from the commons, but gave his place to his competitor. In the analogous case, to which we have alluded, as having occurred in the Kentucky legis- lature, Mr. 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. s *"* < The principle of separating, and preserving distinct, the great powers of government, ought rather to be en- larged than circumscribed. But this case is not one in which we have to resort to construction. On the contra- ry, we have clear and explicit injunctions to guide us. The fact being ascertained, that Mr. Haycraft held an of- fice of profit under the commonwealth, at the time of the election, the constitutional disqualification attaches and excludes him he was ineligible, and therefore cannot be entitled to his seat." " It remains to inquire into the pretensions of Mr. Thomas. His claim can only be supported by a total re- jection of the votes given to Mr. Haycraft, as void to all intents whatever. It is not pretended, that they were given by persons not qualified according to the constitu- tion; and consequently, if rejected, it must be, not for any inherent objection in themselves, but because they here been bestowed in a manner forbidden by the constitution 46 BIOGRAPHY OF or laws. By an act passed 18th December, 1800, it is re^ quired, that persons holding offices incompatible with rx 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 Mr. Haycraft, though void and ineffectual in creating any right in him to a seat in this house, cannot affect, in any manner, the situation of his competitor. Any other expo- sition of it is, in the opinion of 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 hia 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 bodj^. He never came to the debates but with the knowledge necessary to a perfect elucidation of his subject, and he always had the power of making his knowledge so practical, and lighting it so brightly up with the fire of eloquence and the living soul of intellect, that without resorting to the arts of insidiousness, he could ge- nerally control the movements of the legislature at will. His was not an undue influence it was the simple as- cendancy of mind over mind. The bills, which origina- ted with him, instead of being characterised by the eccen- tricities and ambitious innovations, which are too often visible in the career of young men of genius suddenly elevated to power and influence, were remarkable only for their plain common sense, and their tendency to advance the substantial interests of the state. Though he carried his plans into effect by the aid of the magical incantations of the orator, he always conceived them with the coolness and discretion of a philosopher. No subject was so great as to baffle his powers none so minute as to elude them. He could handle the telescope and the microscope with equal skill. In him the haughty demagogues of the legislature found an antagonist, who never failed to foil them in their bold projects, and the intriguers of lower degree were baffled with equal certainty, whenever they attempted to get any petty measure through the house, for their own personal gratification, or that of their friends. The people, there- fore, justly regarded him as emphatically their own. BIOGRAPHY OP 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 effort at the present time was in favour of the encouragement of do- mestick manufactures, a policy which he had previously supported in the legislature of his own state. The pros- perity of these two systems of policy has become so entire- ly identified with his name and influence, that his fellow- litizens will be gratified to learn the early date, at which expressed his devotion to them. At the period of which we are speaking, impost duties can scarcely be said to have ever been laid upon articles of foreign growth and manufacture, for any other purpose than that of raising a revenue. There was now, however, a prospect of war with Great Britain, and, of course, our statesmen began to anticipate the possibility of our being partially thrown upon our own resources for the produc- tion of those articles which we had been accustomed to receive from British ports. In this condition of things, a bill to appropriate a sum of money for procuring supplies ^ of cordage, sail-clolh, and other munitions of war, came before the senate, and an amendment was proposed, that preference should be given to articles of American growth and manufacture, whenever it could be done without ma- terial detriment to the public service. A senator from Massachusetts made a strong opposition to the amendment, and, in the remarks that 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 f 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 with similar consequences. In reply to this considera- tion, Mr. Clay designated, with great force and clearness, what ought to be the policy of the United States. Great Britain, he justly remarked, has been the manufacturer of a large portion of the world. If, in this respect, we were to follow her example, our manufacturing districts would exhibit, in process of time, the same appearance as hers ; but, Mr. Clay contended, that, if we were to limit our ef- forts by our own wants, the evils which were apprehended would be found wholly chimerical. Agriculture he ac- knowledged to be the first and greatest source of national wealth and happiness. He expressed a desire, that the exports of the country might continue to be the surplus productions of tillage, and not of manufacturing establish- ments he did not wish that the plough-share and the sickle should be converted into the spindle and the shut- tle but he held it desirable, that we should furnish our- selves with clothing made by our own industry, and no longer be dependant, for our very coats, upon a country which was then an envious rival, and might soon be an enemy. " A judicious American farmer, in the 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 in extenso. Their manufactures should bear the same proportion, and effect the same object in relation to the whole community, which the part of his household, employed in domestick manufacturing, bears to the whole family." Mr. Clay thought, and justly too, that whatever doubt might be entertained as to the general policy of encoura- ging domestick manufactures by bounties or impost duties, none could possibly exist, in any candid and rational mind, with regard to the propriety of adopting the requisite mea- sures for producing among ourselves such articles as are indispensable in time of war. His arguments on this point need no recapitulation. His speech contained scarce a single effort at eloquence it was distinguished exclu- sively by clear, profound, and philosophical views of na- tional policy, set forth strongly and dispassionately. Nor did it fall to the ground. The bill, as advocated by him, passed the senate, and its beneficial effects soon be- came evident. The officers of government succeeded in making advantageous contracts, for the munitions of war, with the capitalists of the United States, and, although in the contest that soon followed, the nation's resources were unequal to its wants, we were saved from that state of ut- ter deprivation, to which we should have been subjected, had our reliance been exclusively on foreign countries. The system of home manufactures was here nurtured into life, and it has since flourished in beauty and strength, and myriads of happy and industrious freemen are now rejoicing in its grateful influence. In the course of the same year, 1810, a question was brought before the senate upon the subject of the claims of the United States to the territory lying between the riven Mississippi and Perdido, and comprising the greater HENRY CLAY. 51 part of West Florida. The question came up in this way. The inhabitants of the territory, particularly in the dis- tricts of Baton Rouge and Feliciana, had revolted against the Spanish authority, which was nominally exercised over them. It was reported, too, that emissaries of the king of England were among the people, intriguing with the view of inducing them to come under British domina- tion, and a thousand circumstances gave evidence, that, if nothing were done on the part of our government, the dis- affected citizens of Baton Rouge and its adjacent districts would either declare themselves independent, or accede to the proposals of the British agents thus giving a power- ful nation a place upon our very borders. In this emergen- cy, Mr. Madison, then president of the United States, is- sued his proclamation, declaring West Florida annexed to the Orleans territory, and subject to the laws of the United States. This was, in fact, taking possession of the coun- try, and the question consequently arose in congress, whether Mr. Madison had acted within his legitimate au- thority. This question involved the title to the land in dispute. The federal party, who constituted the opposi- tion to Mr. M.'s administration, contended, that the terri- tory belonged to Spain, and Mr. Clay argued, at great length,- that the title was clearly in the United States. This speech of Mr. C. is one of the best specimens of close investigation, and severe, unadorned argument, that can be found in the annals of any parliamentary body. It must have required the most rigorous attention on the part of the senate, to follow him in his demonstrations and in- ferences. He went into a minute history of the disputed territory, applied the law of nations to the circumstances of its discovery and settlement, noted each legal transfer from power to power, and shewed, that it belonged origi- nally to the French, who ceded it to Spain in 1762, that 52 BIOGRAPHY OP 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 territoiy, 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 whole ter- ritory of the United States would be at the enemy's mer- cy. The possession of West Florida that part of it es- pecially between the Mississippi and the Perdido he 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 we had a right to extend our laws over the dis- puted territory. The opposition suggested, that Great Britain was the ally of Spain, and might feel herself obliged, by her con- nexion with that country, to take part with her against us, and to consider the proclamation of our president as justi- fying an appeal to arms. " Sir," said Mr. Clay, "is the time never to arrive, when we may manage our own af- fairs, without the fear of insulting his Britannic majesty ? Is the rod of British power to be forever suspended over 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 oifended 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 Uie nation. It contributed to the repeal of the embargo that dishonourable repeal, which has so much tarnished the character of our government. Mr. President, I have before said on this floor, and now take occasion to repeat 5* 54 BIOGRAPHY OF the remark, that I most sincerely desire peace and amitj with England ; that I even prefer an adjustment of all dif- ferences with her, before one with any other nation. But if she persists in a denial of justice to us, or if she avails herself of the occupation of West Florida to commence war upon us, I trust and hope, that all hearts will unite in a bold and vigorous vindication of our rights." Mr. Clay's speech upon the Florida title was not de- signed for a brilliant or impassioned effort. The orator attempted nothing but to set before the senate an irresisti- ble array of fact and argument, and what he attempted he accomplished. He aimed at speaking like a man of sense and judgement, who had investigated his subject with un- wearied diligence. Whenever he pleased, he could seem to rise aloft like Milton's warring angels, and do battle in the air with ethereal weapons; but he proved, on this oc- casion, as he had done on many others, that he could, with equal skill, fight, like an earthly giant, with mace and buckler, upon the plain. After listening to his arguments, some of the warmest opponents of the measure which he- had vindicated, had the candour to acknowledge their er- ror, and, taking him cordially by the hand, expressed their determination to go with him in the final vote. They did so, and the proclamation of the president was approved. Had there been, at that time, in the senate, no democratic champion like Mr. Clay one who could stand up among the tall and fierce spirits of faction to vindicate the rights of our country, and utter a solemn warning in the ears of those who would wantonly throw the key of her strength into the hands of an enemy, it is difficult to say how im- minently dangerous might have been the present condition of the republic. Mr. Clay's next considerable effort in the senate was made in the following year, 1811, upon the question of HENttY CLAY. 55 renewing the charter of the old bank of the United States. He had been instructed by the legislature of Kentucky to oppose the renewal, but he would have contented himself with giving a silent vote against it, had he not been inci- ted to a more active opposition by the language of defiance which fell from the lips of the opposite party. The re- newal of the charter was advocated by the whole body of the federalists, whom Mr. Clay denominated the " Mace- donian phalanx," and Mr. William H. Crawford, and one or two other democrats, had, on this question, united with the opposition. Mr. Pope too, the colleague of Mr. Clay, made a long and able speech in favour of the bank, in di- rect violation of the instructions of the legislature. The strength thus arrayed against Mr. Clay, might have in- timidated an ordinary man, but he had learned his own powers too well to think, for a moment, of shrinking from the encounter. Mr. C.'s remarks against the bank were principally confined to the subject of its unconstitutionality. His ar- gument on this point was so replete with keen and pow- erful logic, that we choose to transfer it to our pages in his own words. Nothing equal to it can be found in any of the numerous discussions which the bank question has called forth. He seemed to hold the strength of his an- tagonists In the hollow of his hands. " This vagrant power to erect a bank, after having wandered throughout the whole constitution in quest of some congenial spot to fasten upon, has been, at length, located by the gentleman from Georgia on that provision which authorizes congress to lay and collect taxes. 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 power to charter companies is not specified in the grant, and, I contend, is of a nature not transferable by mere im- plication. It is one of the most exalted acts of sovereign- ty. In the exercise of this gigantic power, we have seen an East India Company erected, which has carried dis- may, desolation, and death, throughout one of the largest portions of the habitable world. A company which is, in itself, a sovereignty which has subverted empires, and set up new dynasties and has not only made war, but war against its legitimate sovereign ! Under the influence of this power, we have seen arise a South Sea Company and a Mississippi Company, that distracted and convulsed all Europe, and menaced a total overthrow of all credit and confidence, and universal bankruptcy. Is it to be ima- gined, that a power so vast would have been left by the constitution to doubtful inference ? It has been alleged, that there are many instances in the constitution, where powers, in their nature incidental, and which would ne- cessarily have been vested along with the principal, are nevertheless expressly enumerated ; and the power to make 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 navy, is given as an example. What does this prove ? How extremely cautious the con- HENRY CLAY. 57 vention were to leave as little as possible to implication^ In all cases where incidental powers are acted upon, the principal and incidental ought to be congenial with each other, and partake of a common nature. The incidental power ought to be strictly subordinate and limited to the end proposed to be attained by the specified power. la other words, under the name of accomplishing one olJject, which is specified, the power implied ought not to be made to embrace other objects, which are not specified in the con- stitution. If, then, as is contended, you could establish a bank to collect and distribute the revenue, it ought to be expressly restricted to the purpose of such collection and distribution. It is mockery, worse than usurpation, to establish it for a lawful object, and then to extend it to other objects, which are not lawful. In deducing the power to create corporations, such as I have described it, from, the power to collect taxes, the relation and condition of principal and incident are prostrated and destroyed. The accessory is exalted above the principal. As well might it be said, that the great luminary of day is an accessory, a satellite to the humblest star that twinkles forth its feeble light in the firmament of heaven. " Suppose the constitution had been silent as to an in- dividual department of this government could you, under the power to lay and collect taxes, establish a judiciary ? I presume not; but, if you could derive the power by mere implication, could you vest it with any other authority than to enforce the collection of the revenue ? A bank is made for the ostensible purpose of aiding in the collection of the revenue, and, whilst it is engaged in this, the most inferior and subordinate of all its functions, it is made to 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 bad 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- kte commerce no ! our book has no precedents of that kind-. But then we can authorize you to collect the re- venue, and, whilst occupied with that, you may do what- ever else you please. 1 ' " What is a corporation, such as the bill contemplates ? It is a splendid association of favoured individuals, taken from the mass of society, and invested with exemptions, and surrounded by immunities and privileges. The ho- nourable gentleman from Massachusetts has said, that the original law, establishing the bank, was justly liable to the objection of vesting in that institution an 'exclusive privilege, the faith of the government being pledged, that no other bank should be authorized during its existence. This objection, he supposes, is obviated by the bill under consideration ; but all corporations enjov 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. I contend, that the states have the exclusive power to re- gulate contracts, to declare the capacities and incapacities to contract, and to provide as to the extent of the responsi- bility of debtors to their creditors. If congress have the power to erect an artificial body, and say it shall be en- dowed with the attributes of an individual if you can bestow on this object of your own creation the ability to contract, may you not, in contravention of state rights, confer upon slaves, infants, and femes covert, the ability to contract ? And if you have the power to say, that an as- sociation 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, arid personal estates, and thus the whole property within the jurisdiction of a state might be absorbed by these political bodies. The existing bank contends, that it is beyond the powers of a state to tax it, and, if this pretension be well founded, it is in the power of congress, by chartering companies, to dry up all the sources of state revenue. Georgia has undertaken, it is true, to levy a tax on the branch within her jurisdiction ; but this law, now under a course of litigation, is considered invalid. The United States own a great deal of land in the state of Ohio ; can this government, for the purpose of creating an ability to purchase it, charter a company ? Aliens are forbidden, in that state, to hold land could you, in order to multiply purchasers, confer upon them the capacity to hold land, in derogation of the local law ? I imagine this will hardly be insisted on ; and yet 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 the demand in the market, than there is between this bank and the collection of a tax. This government has the power to levy taxes, to raise afmies, provide munitions, make war, regulate commerce, coin money, &c. &c. It would not be difficult to show as intimate a con- nexion between a corporation established for any purpose whatever, and some one or other of those great powerq, 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 ? Look at it in another aspect. Seven tenths of its capital are in the hands of foreigners, and these foreigners chiefly English subjects. We are possibly on the eve of a rupture with that nation. Should such an event occur, do you apprehend, that the English Premier would experience any difficulty in obtaining the entire control of this in- stitution? Republics, above all other governments, ought most seriously to guard against foreign influence. All history proves, that the internal dissensions excited by foreign intrigue, have produced the downfall of almost every free government that has hitherto existed ; and yet, gentlemen contend that we are benefitted by the 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. 62 BIOGRAPHY OF 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 appearance 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 man/ 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, either in a private or an official capacity, it is not strange that, on this occasion, they appointed him to the speaker's chair, in preference to men who had been longer in the house. Those who know in ^vhat manner he subsequently per- formed the duties of his office, are aware, that the high expectations originally formed of him, were more than sustained. During the many years of his presidency over the house, including seasons of unprecedented poli- tical strife not one of his decisions was ever reversed on an appeal from the chair, notwithstanding the energy with which he always exerted his authority. This fact is his best and most eloquent eulogy. The period at which Mr. Clay went into the House of Representatives, was one of the most momentous in Ame- rican history. The relations between our country and England, which, for some years, had been of an unplea- sant nature, wert; now assuming a character that indicated an open and immediate rupture. The aggressions upon our rights had become insufferable. British cruisers"upon the high seas were in the constant habit of boarding our 64 BIOGRAPHY OF vessels, and forcibly seizing and detaining our Beamen, 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 i every British naval officer. Thousands of our country - $nen 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 ci.munerce, 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 ever}' 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~~TfT order that we might never dispute hef supremacy. "The whole domi- nion of the sea was, in fact, usurped, and every vessel, whose object was not to subserve her policy, treated as an open enemy. <_- . Our government had spent months and years in seeking "justice by peaceable means. Madison and Pinckney had eloquently depicted the catalogue of our wrongs, in their correspondence with the officers of the British king. Proposition after proposition was submitted message 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 7" 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 strorigjin Congress embracing a large proportion of the ^ members of both Houses, and embodying an aggregate of talent that rendered it truly formidable. It was against the leaders of this party that Mr. Clay was now called on to exert his power; and his country well remembers how nobly and successfully he acquitted himself in the en- counter. He stood not alone Lowndes, Cheves, Cal- houn, and otherjpowerful spirits, stood firmly at his sjde; _ but his name was 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. Lake 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 valley 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 rnind, 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 poini out to them the patli they were to pursue. His re- marks 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 convktion 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 genttenrefi proposed fifteen thousand a force which ML.dajLth.ought too small for war, and toa-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 military strength. Before the walls of Quebec, our troops would 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 twenty-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. Clay argued, that the proposed force would be none too large for the protection of the immense territory of the United States, including, as it does, a maritime frontier, every where exposed to the depredations of a naval power. His plan was, to prosecute the war, if it were undertaken, with the whole of a nation's energies to crush, at once, with an armed heel, the serpent that was giving its deadly embrace to our liberties. An attempt had been made in the discussion, particu- larly by Mr. Randolph, to excite the prejudices of the house against a regular army, which, he contended, would be likely to deluge the country in blood, and build up a throne to some idol conqueror. " I am not," said Mr. Clay, " the advocate of standing armies ; but the standing armies which excite most my fears, are those which are kept up in time of peace. I confess I do not perceive any real source of danger in a military force of twenty-five thousand men in the United States, provided only for a state of war, even supposing it to be corrupted, and its arms turned, by the ambition of its leaders, against the freedom of the country. I see abundant security against any such treasonable attempt. The diffusion of political information amongst the great body of the people, con- stitutes a powerful safeguard. The American- character has been much abused by Europeans, whose tourists, whe- ther on horse or foot, in verse and prose have united in de- preciating it. It is true, that we do not exhibit as many signal instances of scientific acquirement in this country, as are furnished in the old world; but it is undeniable, that the great mass of the people possess more intelligence than any other people on the globe. Such a people, consisting 1 of upwards of seven millions, affording a physical power of about a million of men, capable of bearing arms, and 70 BIOGRAPHY OF ardently devoted to liberty, cannot be subdued by an army of twenty-five thousand men. The wide extent of coun- try over which we are spread, is another security. In other countries, France and England for example, the fall of Paris or London is the fall of the nation. Here are no such dangerous aggregations of people. New-York, and Philadelphia, and Boston, and every city on the Atlantic, may be subdued by an usurper, and he will have made but a small advance in the accomplishment of his purpose. Even let the whole country east of the Alleghany submit to the ambition of some daring chief, and the liberty of the Union will be still unconquered. It will find success- ful support from the west. A great portion of the mili- tia nearly the whole, I understand, of that of Massa- chusetts, have arms in their hands ; and I trust in God, that this great object will be persevered in, till every man in the nation can proudly shoulder the musket, which is to defend his country and himself. A people having, be- sides, the benefit of one general government, other local governments in full operation, capable of exerting and commanding great portions of the physical power, all of which must be prostrated before our constitution is sub- verted such a people have nothing to fear from a petty contemptible force of twenty-five thousand regulars." Some of the more timorous and pacific members of the house had intimated, that it was improper to discuss pub- lickly the subject of a war against Britain. " I do not," said Mr. Clay, "feel that 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. Does 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, bj 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, r " 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-importation. If the United States were capable of that perfidy, the revenue would not be restored to its for- mer state, the orders in council continuing. Without an export trade, which these orders prevent, inevitable niin 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, b as 72 BIOGRAPHY OP certainly bankrupt, as the individual would be who incur- red an annual expenditure without an income." Every speech that was made before the house, in oppo- sition to the war, was filled with the praises of England, and the most unmeasured abuse of Buonaparte. The latter was represented as having effaced the title of Attila to the " Scourge of God," and transformed the human race into a mere machine of his impious and bloody ambi- tion. The way in which we were required to show our aohorrence of this malefactor of the human race, was to bear our injuries with patient endurance, lest we 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 Tier 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 ! We are invi- ted, conjured, to drink the portion of British poison actu- ally presented to our lips, that we may avoid the imperial dose prepared by perturbed imaginations. We are called upon to submit to debasement, dishonour, disgrace, to bow the neck to royal insolence, as a course of preparation for manly resistance to Gallic invasion ! What nation, what individual, was ever taught, in the schools of igno- minious submission, these patriotic lessons of freedom and independence ? Let those who contend for this humi- liating doctrine, read its refutation in the history of the very man, against whose insatiable thirst of dominion we are warned. The experience of desolated Spain, during HENRY CLAY. 73 the last fifteen years, is worth volumes. Did she find her repose and safety in subserviency to the will of that man ? Had she boldly stood forth, and repelled the first attempt to dictate to her councils, her monarch would not now have been a miserable captive in Marseilles. Let us come home to our own history ; it was not by submission that our fathers achieved our independence. The patriotic wisdom that placed you, Mr. Chairman, under that cano- py, penetrated the designs of a corrupt ministry, and nobly fronted encroachment on its first appearance. It saw, beyond the petty taxes with which it commenced, a long train of oppressive measures, terminating in the total annihilation of liberty; and, contemptible as they were, it did not hesitate to resist them. Take the experience of the last four or five years, which, I am sorry to say, exhi- bits a different kind of spirit. We were ; but yesterday, contending for the indirect trade the right to export to Europe the coffee and sugar of the West Indies. To-day' we are asserting our claim to the direct trade the 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 arrested 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 j door, shall we bravely sally forth and repel his felonious J 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 OF effectual, and the bill was passed by a vote of ninety- four to thirty-four several gentlemen voting in the affirmative, whose support had been confidently counted an by the op- posite party. This was the first step of the government towajrds 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 which had been made to an army, was now urged with equal vehemence against a navy the danger, that an armed force would subvert the liberties of our republic. It was insisted, too, that the fitting out of naval armaments would require a pecuniary expenditure, which the people were, by no means, pre- pared to meet, and that it was in vain for us to think of contending with the maritime force of Great Britain, whose fleets covered the ocean, like wide-extended cities. The great champions of the navy were Clay, Cheves, and Lowndes, each of whom spoke with an eloquence that thrilled the hearts of the audience like a tone of prophecy. The speech of Mr. Clay, in particular, deserves to be treasured up as a text-book, from which nations, in their infancy, may draw wise and practical lessons of naval policy. In the prosecution of his argument, Mr. C. described three different degrees of naval force, and considered each HENRY CLAY. 75 of them in reference to the necessities and the pecuniary ability of the United States. The first was a force that should enable vis 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 in foreign climes, should be competent to beat off any squadron or fleet, which Great Britain, or any other nation, might attempt to station permanently upon our coast. He shewed, that this might be done by a force equal to one third of that employed against us, it being a fact proved by nautical experience, that a nation cannot main- tain a permanent force upon a distant station, without an equal force constantly in port for repairs, and another as constantly on the passage. From this he inferred, that twelve ships of the line, and fifteen or twenty frigates, would enable us to encounter the most formidable fleet which Great Britain, during the continuance of her Eu- ropean conflict, could maintain in the American waters. Such a naval armament, he acknowledged, could not be looked for at that time ; but he urged on congress the poli- Tiy of making preparation for it, and expressed his entire conviction, that the finances of the country would warrant its completion in a few years. He was not intimidated by the boasted navy of the ocean-queen. So great, he con- tended, was her distance from us so imminent the perils of a squadron on a remote shore and so numerous the facilities offered by an extensive sea-board to our own ves- sels for annoying and evading an enemy that we should soon have the means of providing a force, which would 76 BIOGRAPHY OF empower us to vindicate all our maritime rights. Of the | truth of this opinion, which, at that time, was in direct / opposition to public sentiment, the country can now judge. Our surprise has often been excited to find Mr. Clay's pre- y 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 1 by Time upon the page of history. 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 magnitude7from endangering our whole coasting trade, and laying our chief cities under contribution. Even on this point he "Was obstinately opposed, but such was the power with which he grappled the arguments of the opposition, that he scat- tered them around him piece-meal. That policy which refuses to provide against any dangers because it cannot guard against all, he reprobated with strong and manly indignation. " If," said he, " we are not able to meet the gathered wolves of the forest, shall we put up with the barking impudence of every petty cur that trips across our way ?" The reader probably recollects, that Mr. Clay, in dis- cussing the right of the general government to occupy West Florida, proved, that the possession of the country was indispensable to the commerce of the western states. On the present occasion, he shewed, with equal clearness, 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- 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 differ on this occasion to the state of the public feeling in that quarter, whilst the navigation of the Mississippi was with- held by Spain ; and to the still more recent period, when the right of depot was violated. The whole 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 by a single stream is placed at the mercy of a single ship lying off the Balize ! Again, what is to become of Cuba ? Will it assert independence, or remain the province of some Eu- ropean power? In either case, the whole trade of the western country, which must pass almost within gun-shot of the Moro Castle, is exposed to danger. It is not, how- ever, of Cuba I am afraid. I wish her independent. But suppose England gets possession of that valuable island. With Cuba on the south, and Halifax on the north and 78 BIOGRAPHY OF the consequent means of favouring or annoying the com- merce of particular sections of the country will not the most sanguine amongst us tremble for the integrity of the union ? If, along with Cuba, Great Britain should acquire East Florida, she will have the 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, whilst under the Spanish government, they experienced the benefit of naval security. Satisfy them that, under the government of the United States, they will enjoy less protection, and you disclose the most fatal secret." / Having demonstrated the peculiar importance of a navy S^to the western states, the orator proceeded to show, that, \ without it, no commerce could exist to any extent. " A marine," said he, " is the natural, the appropriate guardian of foreign commerce. The shepherd and his faithful dog ire 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 vou 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, 79 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 was the champion and the guide of the demo- cratic party. No difficulties could weary or withstand his energies. He moved in majesty, for he moved in strength. Like the Carthagenian chief in the passage of the Alps, he kept his place in front of his comrades, putting aside, with a giant effort, every obstacle that opposed his pro- gress, applauding the foremost of his followers, and rousing those who lingered, bywords of encouragement or reproach, till he succeeded in posting them upon a moral eminence, from which they could look down upon the region, where their prowess was to meet with its long-expected reward. In the latter part of March, Mr. Madison transmitted a message to the two houses of congress, recommending *an embargo of sixty days. This measure seemed indispensa- ble. So much had been said, and vainly said, about war, during the last three or four years, that, notwithstanding the warlike preparations which were now constantly going forward, a majority of the people of the United States be- lieved that it would never take place. They continued HENRY CLAY. 81 to send out their unprotected trading vessels upon the ocean, as if looking forward to years of uninterrupted peace. Had war suddenly commenced while these ves- sels were abroad, they would, of course, have fallen an al- most indiscriminate prey to British cruisers, and hence the general government deemed it expedient to prohibit all egress from our ports, until the commerce of the country could be placed in a condition of greater security. The message of the president was discussed in the house of representatives, in secret session, on the first day of April. The injunction of secrecy was soon afterwards removed, and the proceedings became public. Having looked in vain for a satisfactory report of the debate, we shall transcribe the account of it given us by a distinguished friend, who was, at that time, a member of congress, and, like Mr. Clay, an efficient supporter of the administration. " During the discussion of the 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. " Mr. Quincy 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 re- fuge from the necessity of declaring it. He contended, 82 BIOGRAPHY OF that, in our unprotected condition, it would be folly to go to war, and that the administration dared not be guilty of it. " An intimation had been thrown out by some one, that Mr. Ct, 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 the sailors towing down their vessels, as from a pestilence, against wind and tide, anxious to escape from a country which would destroy, under pretence of preserving them.' Mr. Randolph spoke on the same side, with his characteristick pungency and power, and far more than his usual earnestness. He, too, spoke of the declaration of war as absurd as treasonable as an act which the general government, with all its madness and fatuity, had not the courage to perpetrate. With an air of triumph he exclaimed, ' What new cause have we of war ! what new cause of embargo ! The affair of the Chesapeake is settled, and no new principle of blockade is interpolated in the law of nations !' Mr. Clay was a flame .of fire. He had now brought congress to the verge of what he conceived to be a war for liberty and honour, and ' \ liis voice, inspired by the occasion, rang through the capi- tol, like a trumpet-tone sounding for the onset. On the subject of the policy of the embargo, his eloquence, like a Roman phalanx, bore down all opposition, and he put to HENRY CLAY. 83 shame those of his opponents, who flouted the government alTbeing unprepared for war. ' Why is it,' he exclaimed, Indignantly, ' that we are no better prepared ! Because the gentlemen themselves have thrown every possible ob- stacle in our way ! They have opposed the raising of an army the fitting out of a naval armament the fortifica- tion of our frontiers and now talk of the madness of en- gaging in a war, for which we are not prepared! It is asked, what new cause of war? In reply, I will ask, what old cause of war is avenged ? The affair of the Chesa- peake is settled but why? Tojmralyze the spirit of the 'iinitry. Has Great Britain abstained from impressing our seamen, and depredating upon our property ? I have in my hands an account of the recent capture of the ship Hannibal, worth, with the cargo, 300,000 dollars, near our own coast, on a voyage to France. I have no doubt but that the late Indian hostilities on the Wabash were excited by the British. Is not this cause of war V By reiterated appeals like these, he wrought upon the feelings of Con- gress, till his spirit seemed to pervade it likelml)mmpfe- 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.- pprtof jhe 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 Mr. R.'s personal and political friends, happening to be in conversation with Mr. Clay, inquired of him on what day the administration party would at- tempt a declaration of war. Mr. C., with the frankness that always marked his political character, replied, that the measure would probably be attempted on the follow- ing Monday. This intelligence was immediately con- veyed to Mr. Randolph, who rose in his place the next morning, and, after stating that he had a 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 7 gentleman might be called on to submit his proposition in writing, because it was the speaker's duty to require, that the observations made on the floor should be applicable to the subject in debate a duty which could not be performed, unless the terms of the proposi- tion were known. Mr. Randolph then said "my propo- sition is, that it is not expedient, at this time, to 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 stated the grounds of his decision, and his remarks were followed by a general discussion upon the subject of its correctness. On taking the vote, the chair was sus- tained by a large majority. " Sir," said Mr. Randolph, " I am 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, withdrew his appeal, at the suggestion of his friend, Mr. Macon. The speaker next addressed the house in vindication of his course ; and when the question was taken, 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- fluence of passion excited by his defeat, he published, on the following day, an intemperate address to his constitu- ents, telling them that the freedom of speech in congress was reduced to an empty name that it had been decided, for the first time, in the person of their representative, that the house might refuse to hear a member in hfs place, upon the most momentous subject, which could be pre- 8 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 l aws 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. Randolph corn- 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, m the second place, that it reserved to itself the exercise of the power of determining, whether it would consider the motion at the particular time when offered. So completely overmastering was his defence of these principles so inescapable his refutation of his opponent's arguments, and so perfect his demonstration of the impro- priety of Mr. Randolph's conduct, in attempting to antici- pate the will of the house, by discussing publickly a sub- ject which he knew was to be considered in secret session, that Mr. R., fond as he was of disputation, and bitter as he was known to be in his enmity to Mr. Clay, made an awkward retreat from the controversy. The principles that were here established by Mr. Clay, have been consi- dered authoritative ; and no subsequent attempt has ever been made, to deprive the House of Representatives of the right of regulating its own proceedings, and force it, con- trary to its will, to listen, by the hour, to the whimsical or irregular remarks of a disordered or obstinate individual. The declaration of war did not take place on the Mon- day following the collision between Mr. Clay and Mr. Randolph, as had been anticipated by Mr. C. and his HENRY CLAY. 87 friends. The act of declaration was passed in the house on the 18th of June, and the president's proclamation of the actual existence of war, bears date of the 19th. The long-expected step was now taken. Our country had, for years, contended, in vain, against the tyranny of her foe, and, at last, like the ancient Gaul, she threw her sword into the scale. BIOGRAPHY OF SECTION SECOND. THE next session of congress commenced on the second day of November, 1812, and the president, in his annual message to the two houses, gave a rapid sketch of the events which had taken place during the recess. No means of establishing an honourable peace had been left untried by the American government. Within a single week after the declaration of war, Mr. Monroe, then secretary of state, wrote to Mr. Jonathan Russell, the American Minister at the Court of St. James, authorising him to agree to an armistice with the British government, on condition that the orders in council should be repealed, and the impressment of our seamen discontinued. Short- ly afterwards, Mr. Russell was empowered to stipulate for an armistice in general terms, without insisting upon an express agreement with regard to the chief points in con- troversy. His propositions were promptly rejected reject- ed, too, with a sneer at our 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 humiliation, though demanded by the clamours of a portion of the federal party, was not to be thought of, and, in order to prosecute the war with vigour, the presi dent suggested, in his message, the expediency of raising an additional military force. Such a measure seemed now indispensable. An army under General Hull, who, at the commencement of the war, was commissioned to make an attack upon the British provinces, had surrender- ed to an inferior force, under circumstances which strongly HEKRY CLAY, 8$ 1>etokened 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 Queenstown. Agreeably to the suggestions of the executive, the mili- I tary committee of the house of representatives reported a I bill, on the 24th of December, for raising an additional ^ force of twenty thousand men. In the debate upon this bill, the supporters and opposers of the war rallied all their strength against each other, and discussed the general condition of the nation, and the whole policy of the American government. Few political conflicts were ever more deeply interesting, whether we consider the talent and character of the combatants, or the magnitude of the question upon which their rival powers were exerted. It depended on the issue of that conflict, whether the general government should, in the hour of trial, be deserted by the nation, and compelled to make a disgraceful peace, or fur- nished with the means of prosecuting the war with energy and might, and extorting just and honourable terms from our haughty foe. It was an encounter of intellect with intellect a grappling of mind with mind such as could not be contemplated without a noble swelling of the soul, even though it was known, that the issue of the struggle might be a nation's infamy. It would seem as if, after the declaration of war had been actually made, and the clash of bayonets, the ringing of swords, and the death-roar of artillery, had been borne \rpon 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 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 willing to barter the vast expansion of renown, that had been bequeathed them by the fathers of American Independence, for the gratifica- tion of their own partisan prejudices and resentments. The increase of the army was opposed by Messrs, (iuincy, Randolph, Pitkin, and ten or twelve other gentle- men, with a strength, spirit, and perseverance, that would have borne any ordinary antagonist to the earth. Mr. Gluincy, 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 t 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 Pompey's 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 v.-ar 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." Mr. Clay's castigation of Mr. Quincy for these disgust- ing and unprovoked personalities, was terrible its parallel can scarce be found in the history of congressional en- counter. The time demanded that the reproaches of the opposition should be cast back upon them, and Mr. C. se- lected their champion as the peculiar object of retributive justice. Much as Mr. Q,. had been reprobated for his li- centious denunciations of his opponents, both friends and enemies were ready to pity him for the severity of his punishment. The flame descended upon his defenceless head, and, " Like the tall pine by lightnings riven," he shewed the marks of its blastings. It is due to his re- putation to add, that he became so heartily ashamed of the personalities by which his punishment had been pro- voked, that he procured the suppression of some of them, and the mitigation of others, in the printed copies of his speech. In the course of his remarks, Mr. Q,. assailed, with bit- ter invective, the character of Mr. Jefferson. Mr. Clay's panegyric upon that exalted man the man from whom he had learned his own political principles is so eloquent and beautiful, that, although it was not immediately con- nected with the principal theme of discussion, it deserves to be recorded and remembered. The star of Mr. Jeffer- son's fame had reached its glorious culmination but men 92 BIOGRAPHY OF were not wanting to attempt to dim its brightness with the murky vapours of their own pestilential breath. " Neither his retirement from public office, his eminent services, nor his advanced age, can exempt this patriot from the coarse assaults of party malevolence. In 1801, he snatched from the rude hand of usurpation the vio- lated constitution of his 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 rnind, 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 nil, shall live only in the treasonable annals of a certain junto, the name of Jefferson will be hailed with gratitude, his memory honoured and cherished as the second founder of the liberties of the people, and the period of his adminis- tration will be looked back to, as one of the happiest and brightest epochs of American history an Oasis in the midst of a sandy desert. But I beg the gentleman's par- don ; he has indeed secured to himself a more imperisha- ble fame than I had supposed ; I think it was about four years ago, that he submitted to the house of representatives an initiative proposition for an impeachment of Mr. Jeffer- son. The house condescended to consider it. The gen- HENRY CLAY. 93 tleman debated it with his usual temper, moderation, 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 which Mr. Jeffer- son's services would, in future years, be remembered, is already verified. A nation's blessing is resting, like a beautiful diadem, upon his name. It is true, that some have spoken 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, Q,uincy's speech, were merely a prelude to the bursts of eloquence that were to follow the trickling of the drop ere the breaking of the fountain. When he came to speak of the critical situation of the 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 cling to us like a leprosy, if we yielded to the insolent and despotick requisitions of Great Britain the house was electrified by his thrilling and passionate appeals. He spoke like a man conscious of his responsibility to the nation. At his bidding, the lurid cloud of war had closed over the land, and it now be- longed to him to teach his countrymen to breast the storm. He heard the voice of ages calling aloud upon his name, and his great spirit was stirred within him at the sound. No obstacle could successfully oppose him. His eloquence was a torrent-flood, sometimes rolling on in unobstructed magnificence, and then foaming, and roaring, and dashing through the severed mountain, while, ever and anon, the beautiful flashes of fancy and imagination shone up, amid the majestic manifestations of intellect and passion, " Like a bright Iris o'er the boiling surge." It has been said by those who listened to Mr. C.'s speech, that his sarcasm upon the federalists was overwhelming. Every federal eye was bent in shame upon the floor, and the effect upon the party is represented to have been per- manent and salutary. The report that has been given of this 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 administriv- 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 public 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, lind pusillanimous ' incapable of being kicked into a war. 1 The maxim, ' not a cent for tribute, millions for defence,' is loudly proclaimed. 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 perhaps emboldened by the very opposition here made, refuse to listen to the amicable appeals which have been repeated and reiterated by the administration to their jus tice 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." S 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 extcn- Vsively 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 Actions. 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, Mungo, pass and repass, without molestation.' What do they imply? 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 Great 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 Genius 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 the language of gentlemen on the other side, ' Great Britain intends you 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 mockery, 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; [ broke this leg on board the Constitution, when the Guerrier struck.' " There was something in the impassioned gesture and pathetick tone of utterance which distinguished this appeal, that the 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 thei 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. Quinc} contended, at great length, that to attack the Ca- nadians would be wanton, 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, would 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 yeoman- 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 1 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 energies of one peo- ple arrayed 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 must 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 the 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, righting for free trade and seamen'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 countrv. Publick opinion was, far and wide, aroused in favour of the war, and its majestick roar shook down the unconsecrated temples of treason, anil 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 country 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 Januar^, 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 resignjthe speaker's chair. At this time, his influ- ence in the house 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 every heart in the Assem- bly, and unsealed many a fountain of tears. In the gene- rous feelings of the hour, even the federalists wepl freely, that a master-spirit was going out from among them. A resolution, thanking him in fervid language for the impar- tiality with which he had administered the arduous duties of office, was 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 presided 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. BIOGRAPHY OP SECTION THIRD. THE negotiations' for peace, which were commenced to- \vurd the close of IS 13, had their origin, in a proposition of Alexander, the emperor of Russia, to act as a mediator bot ween 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 entire willingness to negotiate directly with the Ameri- can Plenipotentiaries, either at London, or any other con vonient place, on which the two governments might agree. No objection was made to this proposal, and our commis- sioners, Henry Clay, John d. Adams, James A. Bayard, 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 they met the British commissioners, Lord Gambier, Henry GoulEurri, and William Adams. At the first intervie. negotiation was opened on the part of the British commission- ers, by 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 ns, in behalf of the commissioners of the United .!, and the government under which they acted, ex- . ' : try, the same high-mind; :. ,.;, that have been with him, 1 i . in every visible part of his . on the highest authority, that, ia l!;e - .:jii took place between the ;--., as well as in those whi< I ,1 to tha_A> '^an commi's- pcrformed by Mr. ind, for logical acuten.ess, a . : .1 ick know- ledge, was pi Latesman of any age ; another c ; a man of great and varied expe: - ute, subtle, and powerful ; and c. ,n, during a long course of y- it debater in the national legi;- ng the well- established fame ,. v/e may be allowed to say o. , inur to them in oral deb to exercise a controlling pjv. . :^otiations. Plural comi! i ;.tick service, hre most freque* - dissent ioifll among the mcml ..und in the dif- ference of tempc . ,:its, and in those jealousies t len prone. In the Ghent con .imposed of 104 BIOGRAPHY OF an unusual number of members, an extraordinary degree of harmony prevailed. On account of their remoteness from their own country, and the consequent difficulty of free and frequent intercourse with their government, they laboured 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 they 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 indefinite protraction of the war. Great, however, as was their 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 mariners. 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 ziot 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 the 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 of 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 part of the coast of Newfoundland 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, without 106 BIOGRAPHY OF a previous agreement for that purpose with the inhabitants, proprietors, or possessors of the ground." By the eighth article of the same treaty, 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. Jay, 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 any 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- ous 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 them all the terri- tory they claimed, could operate so far only as the con- tracting 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 of 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, consequently, obtained all the previous rights of Spain in regard to the Mississippi. Further, prior to the treaty of Ghent, it had b'een 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 Jay'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 o'f 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. Clay, 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 treaty of 1783. To the introduction of such an article Mr. Clay objected, and a long, animated, and anxious discussion en- sued, conducted principally 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 offered to Great Britain, as an equivalent for the fisheries, Messrs. Adams, Gallatin, and Bayard, were in favour of it, and Messrs. Clay and Russell against it. Upon perceiving the state of the vote, Mr. 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 inserted. 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 have been informed by the friends of the commis- sioners, that in behalf of the article it was contended, that the Americans ought not to corne 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 le, 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 ol 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 west 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 ae- 112 BIOGRAPHY OP cession of Mr. Bayard, 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 inserting 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 incurnbrance 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 obstinacy 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 Mr. 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* J14 BIOGRAPHY OF England with irresistible invasion, was no longer to be 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, difficult 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 11 was inserted through the agency of Mr. Russell, at the desire of Mr. Clay. In a letter d&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 him in a letter, written at a subsequent period. At the ratification of the treaty of peace, only a part of the correspondence 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 which 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 by 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 Mr. Adams, he no where impugns the integrity, the honesty, or patriotism of their motives. HENRY CLAY. Ill PART THIRD. SECTION FIRST. ON the return of Mr. Clay to America, after the discharge of his important mission, he was every where received with the liveliest 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 protection. 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 OP supply the markets of the whole world with the rich and varied 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 and disbursed with facility, 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 opposed 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 181 1, seven tenths of the capital of the old bank was owned by the inhabitants of England, and by members of the federal party. It was natural, therefore, that the republican party should look with distrust upon a measure, that 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 party 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 were 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 relative 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. Arid 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 biished on a very different foundation from that of the old one. Many of the dangers incident to the operations of the latter were, 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 earning 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 want 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 was adopted without any regard to private considerations. He had commenced life a portionless orphan ; and, as he had now an increasing family, which, by his exertions, he was sustaining in the highest and brightest sphere of life, he felt it no dishonour to demand from his country that amount of compensation, to which he was fairly entitled by his r ,-rvices to demand a few hundred dollars in re- turn for the voluntary sacrifice of thousands. HENRY CLAY. 123 Almost immediately after the passage 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 public k 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- ply the remedy was confided by 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 every 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. Clay's district, after holding long and frequent consultations, determined that Mr. John Pope, a man of powerful eloquence, and great family 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, nnd 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 cf his district, and vindicate, in the presence of his constituents, the nets of his political life. It has been remarked of Mr. Clay, 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, soliciting 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- peared, it was in the dress which he would have worn upon the floor of congress ; and his every appeal to his fellow-citizens, was 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 their 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 invitation to meet him on a given 11* 126 BIOGRAPHY OF day, 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 life 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 chains 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 in 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 nged 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 drenched 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- cver 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, yet 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 selling 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 America. 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, with pro- phetick intelligence, he foresaw would add new glory to our republick, and strengthen the hands, 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 wished to correct all misconceptions in relation to his opinions. He was averse from war. He would gire ao just cause of war to any power not to Spain herself, 132 BIOGRAPHY OP though she had given us abundant cause. But it wa* 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 scenery the number of governments that would probably spring into exist- ence, to claim a rank among the nations. He alluded to the policj 7 of Spain towards her 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 position. 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 of our liberty ; say that they were rebels, traitors and that we are, at this moment, legislating without competent powers before we can condemn the cause of Spanish America. Our revolution was mainly directed against the mere theory of tyranny. 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. 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 of 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 rioble and generous feeling which it manifests. Would to God that such a feeling pervaded every bosom. "With regard to their superstition, they worship the same God that we worship. Their prayers are ofTered 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, arc 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 will 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 chilling 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 I 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 own. There is HENRY CLAY. 135 no 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 into the family of nations. It is true, that a war broke out oetween Philip and Eliza- beth, but it proceeded from the aid which she determined to give, and did give, to Holland. "In the case of our 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 publick law, or shake the strength of a clear principle." " But what has been our uniform practice ? We have constantly proceeded on the principle, that the govern- ment de facto 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 by 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 nations, 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, difficulties and commotions there. " And what state," said he, " passing through the agitations of a great revolution, is free from them ? 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 bayonet remains to contest the authority of the actual government. It is free it is in- dependent it is sovereign." HENRY CLAY. 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 sympathy 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 ? I ask my honourable revolutionary friend before me, with what anxious solici- tude, during our revolution, he and his glorious compatriots HENRY CLAY. 139 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 may 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 by 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 country 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 by his visit. But let the minister come from a poor r- publick, 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 by 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 or three weeks, during which period the mover taxed his in- tellectual resources and his physical 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. HENRY CLAY. 141 dorn, 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, they become a portion of the common fortunes of humanity a mighty 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, like their perishing clay, 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 OP 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 unwilling 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 ho- nour on his country in the judgement of mankind. Sir, it HENRY CLAY. 143 is always 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 enjoy the blessings of liberty." Mr. Clay'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 27th, 1828, is a strong and beautiful illustration of his feelings. It was written in reply to the following communication from Bolivar. " BOGOTA, 21st Nov. 1827. " SIR, I cannot omit availing 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, owe your excellency our purest, gratitude for the incomparable ser- vices you have rendered to us, by sustaining our course with 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 your southern brethren. 144 BIOGRAPHY OP 1 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 country 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. 1'JO dous 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, that your 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." 13 140 BIOGRAPHY OP SECTION THIRD. IN March, 1818, the same month and year in 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 state, 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 orf by his successor, Mr. Monroe, who was to be inaugurated on the following day. Mr. Madison thought it his duty to act in opposition to Mr. C.'s advice, and, on the third 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 relied 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 HENltY 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 the 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 darkling 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 either 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 powers, 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, a 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 undei 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 wherever 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 was 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, which 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 intelligence, 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 luted 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 power 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 power, if you can ex- ercise it during the emergency, claims the right of provi- ding beforehand against the emergency." 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 countries, where there was a great accumulation 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- talist, 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, whose 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 improvement, 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 commentary upon Mr. Monroe's message, al- though perfectly respectful and courteous, was fraught with a species of severity, which must have fallen un- gratefully upon the feelings of that high functionary ; for it was the severity of truth and unanswerable argument. Mr. M. had denied, in his message, the constitutional power J 154 BIOGRAPHY OF 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 on 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 1 No, sir, if the power belongs by 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 con- tinually bursting out into those high flashes of enthusiasm, HENRY 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 peroration 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 victory. 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 splendjd 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. f 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 foTroads, 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- vious disposition of Mr. Monroe, to effect a compromise be- HENRY CLAY. 157 tween 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- struction of the constitution can be correct a construc- tion, which allows a law of the United States, enacted fc,- the good of the whole, to be obstructed or defeated in it;, operation by a county court in any one of twenty-four state sovereignties? Suppose a state, no longer having occasion to use a post-road for its own separate and pecn liar purposes, withdraws all care and attention from it^ 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 1 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 1 What sort of an account should we render to th people of the United States, of the execution of the high trust confided, for their benefit, to us, if we were to teii 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 post, roads,' authorizes it also to 'establish post-offices.' Will 14 158 BIOGRAPHY OF it be contended, that congress, in the exercise of the powef to ' establish post-offices,' can do no more than adopt or designate some pre-existing office, erected and kept in re- 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 he road, not affecting its actual existence, will fall within uie 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 I 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 preserve 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 ment 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 Qpmmerce. "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 foreign 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 no\v 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 hag bestowed. In the one case, your object is to facilitate 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 year 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, shouM make our territory the Paradise of the world. Obstacles have since arisen ; but we trust in God, that the majestick \, r ork of years builded up by energies so unfailing in their perseverance and so sublime in their might will not l>e 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 thrir 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 with 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 was accordingly sent, against them, at the head of an effective military force ; and, in a short time, they were so completely 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 Vandals, who passed, like a flight of locusts, over tbe 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 ns they could have knelt before their God the chieftain- conqueror, forgetting, perhaps, the eternal principles of HENRY CLAY. 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 States 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 by 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 llth, 1817, it was stated, 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 nut 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 with whom, we might be at war 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 valid 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, with 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 scries 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 tne 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 his 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 : ssibility, 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. Clay'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 liuve gone before us. Where are they now ? HENRY CLAY. 175 Oone glimmering through the dream of things, that were A school-boy's tale, the wonder of an hour. And how have they lost their liberties ? If we could transport ourselves back to the ages, when Greece and Rome flourished in their greatest prosperity, and, mingling in the throng, stould 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 heroes : 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 affection. 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 they 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. Remembe^ that Greece had her Alexander, Rome her Caesar, 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 al) 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 to the splendid orations of Sheridan in the case of Warren Hastings, or of the most magnificent of the philippicks of Burke, was not, like them, fraught with a spirit that seemed raging and maddening for a victim. It breathed not a spirit of vengeance, but of unfeigned regret the spirit of one, who had 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 triumphantly sup- ported, would have passed the house of representatives without difficulty. Most of the members, 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 th& administration; and the vote of censure was lost by a small majority. Had Mr. Clay repeated his efforts in favour of the resolutions, as he had often before done on other great 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 publick nature, immediately called 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 life with the man, who had dared to doubt the legality of his conduct. HENRY CLAY. SECTION FIFTH. PROBABLY the name of Henry Clay is hardly ever tiientioned at the present period, without suggesting, by an irresistible association, the American system for the protection of home industry a system, into which, like that of Internal Improvements, he breathed the breath of life, and whiph has lived, and moved, and had its being, in his influence. By his exertions for the promotion of this system, he has established a new era in the political economy of our country. Prior to the war with Great Britain, Mr. Clay, then a member of the senate, proposed that certain domestic manu- factures should be encouraged by the government. The proposition was accepted, and became a law. The en- couragement, however, which was thus extended, con- sisted merely in a preference which the government, in* purchasing the munitions of war, was to give to Ameri- can productions over those of any other country, when it could be done without detriment to the publick interest. The system of protection was not then established. At the close of the war, the institution of a new tariff was imperatively demanded by a variety of powerful con- siderations. "The successive measures of restriction, to which the government had resorted to avert the war, and the war itself, had tempted many to embark in the busi- ness of manufacturing ; and the peace found numerous establishments, yet in their infancy, struggling, as it were, for existence. The subject accordingly came before con- gress in the session of 1815-16, and occupied, for a long 180 BIOGRAPHY OF time, its most anxious attention. Our statesmen and poli- ticians were then comparatively without experience in this great branch of national economy, and could not be ex- pected to know, save from the reasonings of political econo- mists, and the practical results exhibited in the history of other nations, what system of policy was best adapted to the permanent prosperity of a people's industry. Assu- ming the expediency of protection, great embarrassment was felt in the adjustment of the proper measure of pro- tection. Mr. Clay was then a zealous advocate for the encouragement of our manufacturers, which he urged on the grounds of justice to the manufacturers themselves, who had been forced or induced to engage in their business by the policy of government, which they could not con- trol, and who would now be prostrated by the flood of foreign merchandize let in by the peace, if they were not sustained by the parental care of their own government. He also urged it on the broader ground of national utility. The tariff bill was passed ; and during its progress through the committee of the whole house, where alone Mr. Clay, being speaker, could participate in the debate, a higher duty was adopted, through his exertions, for the important, article of woollens a duty, which would have saved the manufacturer of that essential fabrick from much subse- quent distress, had it not been unfortunately reduced by a small majority in the house. This distress continued to exist, in a greater or less de- gree, till 1819-20, at which time the subject to a tariff was again before congress, and Mr. Clay enforced his views of the policy of protection with a spirit and elo- quence that nothing could withstand. The obstacles that opposed him were great, and, to a timid mind, would have appeared insurmountable. They consisted in the general prejudice that was felt against an untried system ; in the HENRY CLAY. 181 want of co-operation on the part of the national executive; in the secret influence of British factors ; and in the open opposition of nearly all the powerful capitalists of the country, who were apprehensive that the protection of manufactures would interfere with their own peculiar gains. When Mr. Clay took the field against all these impediments, it was with a full trust, that the strength whereby he had often before surmounted or put aside ob- stacles, which rose like successive ranges of mountains in his path, would again avail him in this his country's emergency. He justly regarded the contest in which he was now engaged, as a struggle for the perfect independ- ence of the United States. Our political emancipation had been achieved by the war of the revolution ; but, in commerce, we were yet the slaves of Britain, dependent on her for many of the necessaries of life. In this second war of Independence, Henry Clay was the American leader, as Geo. Washington had been in the first ; and, if the former was not required to devote to his work so many years of toil and peril as the latter, he, at least, brought to it an equal share of moral courage and intellectual vigour ; and every step of his difficult progress was worthy of an immortal trophy. As a reason for introducing a radical change into the policy of the country, Mr. Clay showed, that, in the very course of nature, it would be impossible for the United States to find in Europe a permanent market for their sur- plus productions. The population of the United States has been found to increase in a ratio four times as great as that of Europe ; and hence, admitting that the produce of our labour keeps pace with our population, it is obvious that the amount of this produce is increasing four times as fast as the capacity of Europe to consume it. What were the most effectual means of rendering our 16 182 BIOGRAPHY OF selves independent of foreign markets, which, in all human probability, would be unable, at the end of fifty years, to receive one half of the surplus productions of our country? There was no other mode than to institute markets of our own to establish and cherish manufactories of cotton and wool, which, while they enabled us to provide our own clothing 1 , would divert the industry of a part of our citizens into new channels. The different portions of! our population being engaged in different employments, 'one portion would be the consumers of the surplus produce of another, and our country would thus become a world within itself, and might look with unconcern upon the condition of foreign nations, and smile at the commercial edicts of councils and fcings. The victory achieved by Mr. Clay on this occasion, was equally glorious and unexpected. The house re-mo- delled the tariff of 1816, and laid such duties on foreign importations, as, it was supposed, would subserve the pur- poses of protection. The measure was, however, unfortu nately defeated in the senate. Experience is a nation's only guide in fixing a wise and efficacious system of policy. The congressional pro- visions, encouraging our manufactures, went into opera- tion, but owing to a combination of causes that had not been foreseen, they proved inadequate to the object for which they had been instituted. Their influence, so far as it extended, was beneficial ; yet they only served to mitigate evils, which were still almost insufferable. In 1824, depression and distress were visible over the whole face of the country. They were apparent in the diminu- tion of our exportations ; in the reduced condition of navi- gation and commerce ; in the quantity of grain rotting in our store-houses for the want of purchasers ; in the unpre- cedented scarcity of money ; in the want of employment HENRY CLAY. 183 among the labouring classes; and in the alarming depre- ciation of the value of the whole property of the United States. What was to be done? This question it was hard to solve, for the causes of our distress were misunder- stood. Misery was every where "rained upon men like dew," but, though fearfully visible in its consequences, it was not traced home to its hidden springs. In this hour of peril and dismay, when all hearts were failing, with a looking-for of ruin, Mr. Clay again came forward upon the floor of congress to save the country by his counsels. He knew his influence, and felt, almost to agony, the awful responsibility of the moment. Solemn and impressive as he always is, when entering into tne discussion of the great interests of the age, he was per- haps never known to manifest so deep and religious a trust in the aid of Him, who "can fashion at will the thoughts and passions of the heart," as on this occasion. " If," said he, " it were allowable for us, at the present day, to imitate ancient examples, I would invoke the aid of the MOST HIGH. I would anxiously and fervently implore His divine assistance ; that He would be gra- ciously pleased to shower on my country His richest bless- ings ; and that he would sustain, on this interesting oc- casion, the individual who stands before Him, and lend him the power, moral and physical, to perform the solemn duties which now belong to his publick station." After a glowing exordium, Mr. Clay entered with en- ergy upon his subject, and depicted the origin of the ge- neral calamity with such fearful distinctness, that his elo- quence seemed the drawing aside of a curtain the reve- lation of a long hidden mystery. He claimed that all our distress sprung from human causes. The showers of Heaven fell upon our fields as bountifully as ever ; the morning sun and the evening dew still visited hill and 184 BIOGRAPHY OF vaJley with their quickening power ; the yearly offering 1 which the husbandman cast upon the earth was touched with the blessing of Heaven as visibly as the sacrifice of the Prophet of old, which was crowned by fire at the hill of Carmel; no "scourge of God" was passing among us, to blast our plains with fire, and mingle blood in the foun- tains of which we drank ; and therefore, whatever might be the causes of the distress that pervaded the land, they were to be sought in events within our own control. Mr. C. referred all the evils which had come upon us to the fact, that, during nearly the whole existence of our government, we had shaped our commerce, our naviga- tion, and our home industry, in reference to a state of things in Europe, which now had no longer an existence. So long as Europe was involved in war, she had occasion for our commerce, and constituted a valuable and unfail- ing market for all the productions we could send abroad ; and, like a young and thoughtless nation, we had fashion- ed our whole policy upon the supposition that things would be always thus. Our foreign resources were culti- vated with unremitting assiduity, while those of a domes- tick character were left to almost utter neglect till 1816, and then protected by a tariff, which barely served to save them from entire annihilation. Of course, when the Eu- ropean wars terminated, the staff on which we had leaned was broken. Europe was now in a situation to sustain herself without our aid. As a necessary result, our ves- sels were dismissed from her employment, and our produce excluded from her markets. Our property, both on the land and the ocean, suffered a diminution in value of fifty per cent., and languor settled like a spirit of pestilence upon city and country. These consequences resulted from our policy as naturally as any effect ever follows its cause ; and Mr. Clay contended, that the only way of escaping HENRY CLAY. 185 them was to change our policy, to establish a great Ame- rican system, whereby the country should be poised upon her own centre, and her prosperity established on a found- ation as immoveable as the granite pillars of her mountains. We are of opinion that a more earnest and able debate never took place, either in the American congress or any other deliberative assembly, than that which ensued at this time upon the subject of the tariff. It constituted one of those great epochs, by which a nation's history is marked. Mr. Clay and Daniel Webster were the leaders of the opposing parties ; and their friends will not hesitate to acknowledge, that neither of them ever encountered a champion more worthy of his prowess. When such minds come in contact in the prime and vigour of their powers ; when, hour after hour, they dash against each other, like seas driven by adverse winds, and recoil back- ward but to renew the shock with added violence, there is a sublimity in the scene, greater than that of the war- ring elements, when the clouds are marshalling themselves like bloody giants in the sky, and the great waves of the ocean are rolled up before the storm-breath of the Al- mighty. Mr. Clay and Mr. Webster, though perhaps equal in strength, were wholly unlike each other in the conforma- tion of their minds. The arguments of Mr. Webster were powerful weapons, which went toward their mark with a force that seemed irresistible; but they were weapons, whose temper and character were known, and hence they could be guarded against with the more certainty. On the other hand, the contents of Mr. Clay's intellectual ar- moury, if not more massive, were, at least, more diversified and fatal. At one moment, he could strike with tremen- dous force in the strife of hand to hand, and then, per- chance, gall his enemy at a distance with arrows blazing 16* 186 BIOGRAPHY OF with the hottest flame of eloquence and passion, and blinding their victim by the fierce intensity of their bright- ness. A gentleman, who was a spectator of the encounter, and who has had the kindness to give us some account of it, describes the powers of the rival champions by a stri- king similitude. " The eloquence of Mr. Webster," says he, " was the majestick roar of a strong and steady blast pealing through the forest ; but that of Mr. Clay was the tone of a god-like instrument, sometimes visited by an An- gel-touch, and swept anon by all the fury of the raging ele- ments." Mr. Clay rested his argument in favour of the protection of domestick industry upon the solid foundation of experi- ence. He appealed to the history of other countries, and showed, by mathematical computation, that the riches of every people were exactly proportionate to the degree in which they protected their home fabricks. Great Britain guarded the industry of her citizens by the heaviest pro- tecting duties ; and she was the most affluent nation on earth. France was the second in the degree of pro- tection, and second too in the order of wealth. Spain al- most wholly neglected her industry, and was consequently among the poorest of nations ; while the United States, from a still more culpable disregard of the protecting policy, were poorer even than Spain. The effects of the restrictive system, in the creation of wealth, as exhibited in Great Britain, are indeed remarkable. Mr. Cla}' stated the amount of her wealth, annually produced, to be three hun- dred and fifty millions sterling, far the greater portion of which was produced by her manufacturers. It was this as- tonishing power of creating wealth, that enabled her to raise the immense subsidies whereby she sustained herself through the almost interminable convulsions of Europe; turned back the flood of war, which the mighty spirit of the HENRY CLAY. 187 Corsican was rolling over the eastern continent ; smote the sceptre from his convulsive grasp on the field of Waterloo ; and finally established a peace, without having exhausted her resources. It cannot but be a source oT pride to the supporters of the American system, to observe with what success Mr. Clay attacked the positions of its enemies. In spite of the desperate strength with which some of them were de- fended, he demolished them, one by one ; and, when he had gone through the field, the work of destruction was at an end. There remained not an outwork or a fortress, but was utterly dismantled and we can imagine the conque- ror to have sat amid their fallen piles, like the stern old Roman amid the ruins of Carthage. The first objection urged against Mr. Clay's system, was, that it would operate unequally ; that the South, owing to the character of its population, could not engage in the business of manufacturing, and consequently ought not to pay increased duties on foreign importations for the encouragement of this species of industry. To this Mr. C. replied, that the South could engage in manufacturing j that the obstacles to it were rather imaginary than real ; and that, to some branches of the business, the slave popu- lation was peculiarly adapted. But supposing that it was otherwise : still the South had no right to claim that the policy of the union should be established in sole reference to the condition of the blacks in other words, that the whole country should become the slave of slaves. Mr. Clay well remarked, that, under the old system of policy,, there existed a sort of tacit compact between the southern cotton-grower and the English manufacturer, the condi- tions of which on the one side were, that the manufacturer should continue to purchase the cotton of the south, and, on the other, that the whole of the United States the 188 BIOGRAPHY OF eastern, western, and middle portions, as well as the southern, should remain open and unrestricted in the consumption of English manufactures. The object of the tariff was not to sacrifice the south to the other sec- tions of the country, but 'simply to prevent all the rest of the country from being sacrificed to the south. The south complained, that, if the tariff were established, the price of certain objects of her consumption would be tem- porarily increased. The other parts of the union com- plained, that, if it were not established, they should be un- able to purchase the necessary objects of consumption at any price. At most, the tariff could only be inconvenient to the south, while the want of it would be ruinous to the country. Mr. Clay believed, however, that the adoption of the restrictive policy would ultimately be beneficial to the people of the southern states, whether they engaged in manufacturing or not. Under the old system, the En- glish manufacturers enjoyed the exclusive privilege of sup- plying the articles of southern consumption, and conse- quently supplied them at an exorbitant price. Under the operation of the tariff, manufactures would spring up in the United States to rival those of England, and there could be little doubt, that, in consequence of the competi- tion, the south would be able, after the lapse of a very few- years, to purchase the objects of its cousumption at a greatly diminished price. This position admitted of a forcible illustration. At the close of the late war, the American establishments for cotton-bagging, in Kentucky, were prostrated by the influx of the Scottish manufacture. Of course the Scotch subsequently monopolized the supply of the country. What was the effect ? They immediately raised the price of bagging to a sum that would have pro- tected the American manufacture ten years. This in- creased price of the article induced the American establish HENRY CLAY. 189 raents to go again into operation, and the effect was to reduce the price one half. In the second place it was objected, that the Tariff would diminish the amount of our exports; that Europe would not purchase of us unless we purchased of her. Mr. C. replied, that, as the bill before congress operated only on a few articles of foreign industry, Europe might still buy of us whatever she wanted, and pay us in articles not effected by the provisions of the Tariff. If there were any falling-off in our exports, it must be in the article of cotton to Great Britain ; and, even in this, it was impossible, that the diminution should be important. Great Britain bought cotton of us annually to the amount of about five millions sterling 1 , and sold it, in its manufactured forms, for more than twenty-one millions and a half. Of the manufac- tured fabrick, the United States received only to the amount of a million and a half. If Great Britain, in consequence- of our Tariff, should refuse to purchase our cotton, she- would lose the market for the twenty millions sterling, which she was selling yearly to foreign powers. Such a loss she would not willingly incur. The diminution, then, in the exportation of cotton to Great Britain, could only be in the proportion of one and a half to twenty a dimi- nution, which would be more than made up by the in- creased sale of the article in our own country. Besides: the new direction, given to our industry, would produce new articles of exportation articles, which, from the labour bestowed on their manufacture, would be far more valuable than raw materials and hence, the aggregate of our exports, instead of diminishing in value, would ba greatly increased. The next objection to the Tariff was, that it would diminish our Navigation. Mr. Clay said, in reply, that, if he was right in the supposition, that the protection of 190 BIOGRAPHY OP our industry would produce new objects of exportation, our navigation would receive additional encouragement. Even if this interest, contrary to all probability, should experience a depression, the increase of the coasting trade would be more than a compensation for the injury. The orator contended, moreover, that, in settling our manufac- turing and agricultural policy, the interests of navigation^ though certainly worthy of attention, should be regarded as of secondary importance. The whole business of na- vigation is to transport the productions of the agricultural and manufacturing branches of industry; and therefore it should accommodate itself to the actual. condition of these branches, instead of requiring them to be moulded to its own purposes. Again: the opposers of the domestick policy objected, that its adoption would force capital and labour into new and reluctant employments employments, for which we were unfitted by the high price of labour in this country. Mr. Clay remarked, in answer, that no man would enter upon the business of manufacturing unless at his own option. It was notorious, that one great cause of the dis- tress of the country, was the almost universal want of employment. Agriculture, commerce, navigation, and all the learned professions, were overflowing with compe- titors. The establishment of manufactures would open a new field of business, and those who thought proper would engage in it, and none others. As to our being unfitted for manufacturing by the high price of labour, the sugges- tion was absurd. So great were the want of employment and the consequent embarrassment among the working classes, that instances were frequent, in which men laboured for a bare subsistence. Besides, manual labour was but a trifling consideration in the manufacturing arts. Al- most every thing had then come to be done by machinery. HENRY CLAY. 191 In estimating the expense of English fabricks, the item of manual labour was quite too small for computation. The machine power of Britain was equal at that day to the manual power of two hundred millions of able-bodied day-labourers ; or eleven times as great as the aggregate of the whole natural power of the country. In this ad- vanced state of the arts, the circumstances most requisite for success in manufacturing, were capital, raw materials, ingenuity in the construction of machinery, and adroitness in the application of it. Our citizens were deficient in no one of these things, and hence there could be no doubt, that, with proper protection, their success would be com- plete. It was further urged, that, wherever there was a con- currence of favourable circumstances, manufactures would spring up of themselves, and flourish without protection. This theory, Mr. C. said, was refuted by fact. The sup- position, that manufactures, without protection, could maintain themselves in a competition with protected ma- nufactures, was refuted by the experience of all nations. There was never one instance, in which they thus main- tained themselves. The causes of their universal failure might be obvious or they might not but the fact still remained. It would be as preposterous to reject the fact on account of our ignorance of its causes, as to decline availing ourselves of the light of the sun because we may not know of what substance it is composed. Mr. Webster argued, that the protecting policy was condemned by the most enlightened statesmen of Europe, and that we, in adopting it, should only be decorating ourselves with the cast-off habiliments of other nations. Mr. Clay challenged any and all of his opponents to cite a solitary case, where a nation, after once enjoying the benefits of the restrictive system, had surrendered them, 192 BIOaRAPHY OF He represented his opponents as rejecting the evidence of the settled and permanent policy of Europe, and asking Congress to take lessons from a few speculative writers, whose visionary theories had been nowhere adopted, or, if adopted, had brought nothing but poverty in their train. Great Britain had not relaxed from the most rigourous restrictions. She not only protected the whole of her vast dominions against the rest of the world, but protected the parent country against the colonies and even the differ- ent parts of the parent country against each other. Sup- posing, however, that Great Britain should abolish all restrictions upon trade it would by no means follow, that we could safely imitate the example. Her manufac tures had been brought to maturity but ours were in their infancy. If a universal system of free trade were to be established, Great Britain might, by reason of the perfec- tion of her arts, increase in riches and prosperity, while, at the same time, every. American manufacturer would inevi- tably become a bankrupt. The lion may need no pro- tection but the life of the larnb depends upon it. It was, at length, suggested by Mr. P. P. B arbour, of Virginia, toward the close of the discussion, that the pro- tection of domestic industry was contrary to the spirit of our constitution. It is indeed a curious fact, that this notion of the unconstitutionality of the Tariff a notion which, within the last three or four years, has been very perseveringly and boisterously proclaimed was never thought of during the long and able discussions of 1815 and 1820, and merely alluded to in 1824 as an incidental consideration, in the soundness of which the most violent enemies of protection had obviously no sort of confidence.. Mr. Clay, in the slight notice which he thought fit to bestow upon this topic, deduced the right of taxing im- ported articles from that clause of the constitution, which HENRY CLAY. 193 authorizes congress to regula'te commerce with foreign nations. Under the authority of this clause, we had already passed embargoes, and laws of total non-inter- course, effecting an entire cessation of commerce with all the nations of the earth. All these objections, and innumerable others, were swept away by Mr. Clay's varied and matchless eloquence sometimes whispering to the heart with a tone like that of twilight musick, and then calling to the passions with the mingled voice of earthquake and whirlwind. Nor was he less successful in establishing his own arguments than in annihilating those of his opponents. Day by day he multiplied and strengthened them. Day by day he heaved them upon each other, until the growing mass rock-ribbed and mighty -Tose high into the air, and his enemies could no more overturn it than they could shake down the eternal Alps. In the one attempt, as in the other, there was danger of the descending avalanche. When, at the close of the discussion, the subject of the American system was referred to the votes of congress. Mr. Clay's victory was proclaimed to the world. His majority was small, but this only proved the strength and resolution of his antagonists. The Hon. Mr. Baldwin, now an associate justice of the supreme court, had, as chairman of the committee of ma- nufactures, charge of the tariff in the session of 181920. Speaking, on his return home, to his constituents of Pitts- burgh, of the services of Mr. Clay, he respresented him as having " exhibited the varied skill and talents of the com- mander in chief, the corporal, and one of the rank and file." Six years have already elapsed, and we have now an opportunity to scan the predictions of Mr. Clay in regard to the system, of which he was the author and builder. 17 194 BIOGRAPHY OF There is not one of them but has been verified. The south is supplied with the articles of its consumption at reduced prices ; the amount of our exports, of our navigation, and of our revenue, has been augmented ; our manufactures have flourished in spite of the price of labour ; and the policy of protection, instead of being cast aside in other countries, is still cherished by every nation, that has ever had experience of its advantages. Mr. Clay's prophecies "could not have been more true, if his lips had been touched 'with a coal from the altar of inspiration. It is indeed a pleasure to contrast the present condition of the United States with what it was in 1824, when everj man seemed gazing upon ruin, face to face. A wonder- ful work has been wrought among us. Our roads, our canals, our rivers, and our coasts, are thronged with the produce of our fields; our markets are rich and unfailing ; the marks of cheerful and successful industry are visible in every countenance : the precious metals are flowing upon us abundantly ; prosperous villages are every where .springing up like the creations of a wizard tale ; the tide of emigration has been stayed; and every stream, that gushes from our forest-shades, is turning its wheel and its spindle, instead of wandering down to the ocean for no better purpose than to picture rock, and tree, and sky, upon its surface. Even if the establishment of the policy of protection were the only distinguished act of Mr. Clay's life, the memorial of his days would still be a nation's happiness. No friend of his country can look dispassionately upon the operation of the American system, and wish to destroy it. Even Mr. Webster, earnestly as he once opposed it, has witnessed its effects and become its supporter. We believe it will stand, in defiance of time and storm in de- fiance, too, of those gigantick and desperate spirits, who . are tugging so madly at its pillars. HENRY CLAY. 195 SECTION SIXTH. No question that has ever arisen in the councils of the general government since the establishment of the consti- tution, has been fraught with half so much danger to the harmony and existence of the union, as that which sprung up in the session of Congress of 1818 19, on the proposal to admit the territory of Missouri as one of the members of the confederacy. On that occasion, while the bill providing for the admission of Missouri, was before the house of representatives, the following condition, among others, was proposed: " All children of slaves, born within the said state after the admission thereof into the union, shall be free, but may be held to service until the age of twenty -five years ; and the further introduction of slavery or involuntary servi- tude is prohibited, except for the punishment of crimes, whereof the party shall have been duly convicted." It will be immediately perceived, that this condition touched the most delicate and inflammatory subject that can be agitated in these United States one which pre- sented the greatest difficulty in the formation of the pre- sent constitution of government, and which, there is too much reason to apprehend, will continue to convulse the country more or less, whilst the union or slavery remains. When this condition was first proposed in Congress, it had not been previously discussed and considered by the mass of the people, who were, therefore, perfectly tranquil and unagitated. Their feelings, sentiments, and prejudi- ces, on the subject of the slavery of the African part of 196 BIOGRAPHY OF our population, were, however, sufficiently well known to their respective representatives, not to be mistaken. From the first introduction of this unhappy topic into the house of representatives, Mr. Clay, who, at one rapid glance, foresaw all its fearful consequences, took a decided and active part against the proposed condition. No man regretted more than himself, the existence of slavery, disfi- guring the fair face of our country. No man was more ready than he to embrace every practicable scheme for eradicating or mitigating the evil. Of this disposition, he had, from his boyhood, given frequent and ; abundant evi- dence ; but he believed that the constitution had withheld from congress all power over the subject. He believed that any remedy which might be devised, could only be adopted and applied by each of the several states within which the institution of slavery was tolerated. He thought that every new state admitted into the union, became, at the moment of its admission, invested with all the political rights and privileges of the original states; and, conse- quently, possessed the power of determining for itself, whether it would tolerate slavery, and on what condi- tions. He even declared, that if he were a citizen of Mis- souri, he would support the objects of the proposed condi- tion that is, he would oppose the further introduction of slaves into the state, and favour the gradual emancipation of those who were already there. Still, that was a mat- ter for the people of Missouri alone to consider and deter- mine. We had no right to force our opinions upon her. She was not only unrepresented in congress, but there was ki that body a majority of members, who, coming from non-slave-holding states, could not partake of her feelings, her sympathies, and her interests. The condition in question was debated at great length, and with much - warmth and zeal, in the house of repre- HENRY CLAY. 197 entatives, and carried by a majority, consisting, with few xceptions, of all the members from the non-slave-holding states. Every member from the other states voted against it. In the senate the condition was stricken out, and the bill, with this amendment, returned to the house of re- presentatives. Each house adhered to its opinion. The bill for the admission of Missouri was consequently de- feated, and the session of congress of 1818 19, termina- ted without any settlement of the question. This was an unfortunate result. The people quickly caught from their respective representatives the contagion of excitement ; the press, in the vacation of congress, teemed with the most violent pamphlets and paragraphs on the subject of slavery; and all possible means of exci- ting and arraying the elements of a political storm, were put into active operation. The union was fearfully agita- ted throughout all its parts; and, in this state of general tumult, the congressional session of 1819 20 commenced. The renewed discussion in congress of the restriction on Missouri, far from allaying the storm throughout the coun- try, served only to increase its rage and violence. Reso- lutions in favour of the restriction and against it, were adopted by New- York, Virginia, Pennsylvania, Ohio, Kentucky, New-Jersey, and other states ; and petitions and remonstrances from publick meetings and societies were poured in a flood upon the tables of both houses of con- gress. These demonstrations of the intensity of popular feeling, tended to protract the debate, and to give it not only animation but acrimony. Many speeches were pro- nounced. Mr. Clay spoke, at one time, nearly four hours against the restriction; and it is to be regretted that his speech, which created a strong sensation, and was univer- sally acknowledged, by those who heard it, to be one of 17* 198 BIOGRAPHY OF the most powerful, profound, and eloquent efforts of his whole life, has never been published. On the side of the restrictionists, the miseries of slavery were depicted in strong and vivid colours ; its rapid pro- gress in some of the states afflicted with its evils, was dwelt on as a source of alarm ; and the necessity of cur- tailing its range was vehemently urged. The advanta- ges accruing to the states of Ohio, Indiana, and Illinois, from the adoption of the interdict to the introduction of slavery north-west of the Ohio, by the ordinance of 1787, were insisted on at great length, and with signal ability. In respect to the power of Congress to admit new states into the union, the restrictionists contended that it was plenary, and drew after it a right to decide whether the admission should be absolute or on condition, and on what condition ; and that, accordingly, on the admission of all the new states, some conditions had been annexed. The advocates for the unconditional admission of Mis- souri into the union, generally admitted that slavery was a great evil. They contended, however, that it was an evil which those who felt it were most competent to reme- dy ; that the comfort of the slaves, as well as the safety of the whites, would be best promoted by the diffusion of the former, rather than by their concentration ; that the dan- gers from the increase of the slave population, were dis- tant or imaginary; and that the non-slave-holding states, being themselves now free to allow or prevent the intro- duction of slaves, ought to leave every other state in pos- session of the like freedom. It was behind the constitution, however, that the oppo- nents of restriction principally entrenched themselves. They earnestly contended that the constitution bestowed on congress no power whatever over slaves, save that which had been already exercised, of prohibiting their im- HENRY CLAY. 199 portation after the year 1808; that the slave states never would have consented to enter into the union, if the power now claimed for congress had been conferred by the con- stitution j that the day when it should be usurped, would be the last of the union ; that the power to admit new states, implied no power to impose restrictions, but was a naked power to admit or not to admit ; that a new state, when admitted, stood on a perfect political equality with all the old states, and possessed the same powers and pri- vileges, among which was that of deciding for itself the question of tolerating slavery; that the alleged condi- tions on the admission of other new states, were not in fact conditions presented by a paramount sovereign, but terms of compact offered to the new states, and obligatory upon them in value simply of their own voluntary con- sent ; and that the ordinance of 1787, having been enact- ed for the government of territories prior to their admission as states into the union, could not now be construed as controlling the right of Ohio, Indiana, or Illinois, to admit slaves, if either chose to authorize their introduction. After a discussion more arduous and angry than that of the preceding session, the question was again put to vote. In the senate there was a majority against the restric- tion, and in the house a majority for it. The District of Maine having an application before congress at the same period, to be admitted as a state into the union, the senate united the bills for the two new states ; but the house re- jected that combination. Finally, through the agencj' of committees of conference appointed in the two houses, the question was settled by what was termed a compro- mise. According to this compromise, Missouri was re- ceived into the union without restriction, and, by the eighth section of the act admitting her, it is provided, "that in all that territory ceded by France to the United States, 200 BIOGRAPHY OF nnder the name of Louisiana, which lies north of thirty- six degrees and thirty minutes north latitude, not in- cluded within the limits of the state contemplated by this act, slavery and involuntary servitude, otherwise than in the punishment of crimes, whereof the parties shall have.- been duly convicted, shall be and is hereby for ever prohi- bited : Provided always, that any person escaping into the same from whom labour or service is lawfully claimed in any state or territory of the United States, such fugitive may be lawfully reclaimed and convej'ed to the person claiming his or her labour or service as aforesaid." Thus terminated for a time the discussion of a question so portentous to the durability of the union. A contem- porary periodical of high respectability remarks : " This distracting question, as it was emphatically called by a member of the Senate of the United States, and which has so long excited the hopes and fears of every patriot in the union, has at last been settled. Very few, perhaps, are entirely pleased with the manner of its adjustment; but most persons are gratified that it has been adjusted amica- bly for certainly it was a matter of more serious impor- tance than any other ever before submitted to the conside- ration of congress since the formation of the constitution, presenting a conflict of interests as to real or honestly presumed rights, and affecting us all geographically." The act of congress, however, did not absolutely admit Missouri into the union. It only authorized the people of the territory to form a constitution and state government, and required that these should be republican, and not re- pugnant to the constitution of the United States. It also required " a true and attested copy of such constitution or frame of state government as might be formed or provided, to be transmitted to congress." After these requisitions should be complied with, a final resolution of congress, HENRY CLAY. 201 according to the practice in analogous cases, would be necessary to admit the state as a member of the confede- racy. In June, 1820, the people of the territory of Missouri proceeded to ordain and establish a constitution of govern- ment for the contemplated state. Among other provisions, it was ordained in the twenty-sixth section of the third article, that it should be the duty of the general assembly, "as soon as might be, to pass such laws as were necessary to prevent free negroes and mulattoes from coming to and, settling in the state under any pretext whatever" Under this constitution, a. state government was organized, and went into operation. A governor, and other executive officers, and members of the general assembly, were ap- pointed, in conformity with the constitution ; and the first meeting of the legislature was held at St. Louis, in Sep- tember, 1820. The state of Missouri also appointed elec- tors of president and vice-president, who formed a college which voted for those officers, and their votes were trans- mitted to the seat of government in the usual manner. Shortly after the promulgation of the constitution of Missouri, the public journalists commenced their animad- versions upon the clause for the exclusion of free negroes and mulattoes, and an objection was founded upon it against the final recognition of the state as a member of the confederacy. With the quickness of thought, parties were arrayed on both sides of the question ; and it was evident, that the co-mpromise of the previous session of congress, had not extinguished, but only smothered, the embers of strife. The flame was now rekindled, and spread with terrible rapidity ; and even before the opening of the session of congress, the whole country was again in commotion. During the fall of 1820, Mr. Clay, in consequence of 202 BIOGRAPHY OP heavy losses, which he had sustained as an indorser for & friend, resolved to retire from congress, and in the practice of law, devote himself to the reparation of his private af- fairs. He therefore resigned his office as speaker of the house, but retained the privileges of a member determin- ing to take his seat at as early a period of the session as was consistent with his professional avocations, and thus dose his engagement to his constituents. Shortly after the opening of the session, the constitution of Missouri was laid before congress for consideration, and referred to a committee. The senate readily passed a resolution for the admission of the state into the union ; but a very different scene was to be witnessed in the house of representatives. The committee of the house, like that of the senate, reported in favour of the admission of the state unconditionally ; but its report was rejected. The question, which divided the two houses, and agitated the publick, was of very little consequence in itself, and derived all its importance from its connexion with the subject of slavery, and the debates of the two previous congressional sessions. By the constitution of the United States, it is ordained, that " the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states." Those who opposed the admission of Missouri, contended that free negroes and mulattoes were citizens of the state of their residence ; that as such, they had a right, under the constitution, to remove to Missouri, or any other state of the union, and there enjoy all the privileges and immunities of other citi- zens of the United States emigrating to the same place ; and therefore that the clause in the constitution of Mis- souri, above adverted to, was repugnant to the constitution of the United States, and she ought not to be received in- to the union. On the other hand, it was maintained that HENRY CLAY. 203 the African race, whether bond or free, were not parties to our political institutions ; that therefore free negroes and mulattoes were not citizens, within the meaning of the constitution of the United States ; and that even if the constitution of Missouri were repugnant to that of the United States, the latter was paramount, and would over- rule the conflicting provision of the former, without the interference of congress. Such was the question which now threatened an imme- diate and fatal rupture of the union. Mr. Clay being ab sent from congress, the care of supporting and carrying through the house of representatives the proposition for admitting the new state, was confided to the lamented Lowndes. It could not have been entrusted to a man more amiable, estimable, and enlightened. No member, at that time, with the exception of Mr. Clay, possessed such weight of character, or so much influence in the house. All his great powers of persuasion were now un- availingly exerted. A stern and inflexible majority re- pelled every proposition, in every form, which aimed at the reception of the offending state. Scarcely a day elap- sed without bringing up the question in some shape or other. An entry in the journal, the presentation of a petition, an appropriation of money, the enumeration of the presidential votes, the enforcement of the laws of the union within the limits of Missouri, or some other matter, rendered it necessary from day to day, to consider whether Missouri remained a territory, or had become a state, and was sure to throw the house into the most uncontrollable excitement. The two parties substantially the same aa had existed at the previous session when the compromise was effected became at length so fierce in their exaspe- ration against each other, that all business was at a stand, and the wheels of government were stopped. In all ports 204 BIOGRAPHY OF of the country the people did nothing but sound the onset to their respective champions in Congress. Popular meetings, legislative resolves, and other demonstrations of feeling and passion were resorted to crimination and recrimination followed and separation, disunion, and civil war, with all its infinite of horrors, were the common topics of every vil- lage and hamlet. Had a few more materials of excite- ment been kindled, the work of destruction would have been instant and complete. The mysterious sounds that precede the volcano's birth, were heard in every breeze, and if the flood of fire had been convulsed and upheaved by the slightest added violence, its desolate pathway would have been visible over the fairest portion of the earth. In this state of things, the eyes of all congress were turned towards Mr. Clay, as the only man who could, by any possibility, avert the calamities which seemed hanging over the republick. On the 16th of January, 1821, when more than half the session was exhausted, he arrived at Washington. He found the house of representatives in a situation that scarce admits of a description. All le- gislation was at an end, and the members of the two par- ties were scowling darkly upon each other, muttering an- grily and ominously, and resembling two hostile armiea just before a general engagement, with their arms in their hands, and waiting but for the word to rush to battle. In- stantly he was addressed by the more considerate members of both parties, and urged to use his most earnest exer- tions to calm the strife that agitated congress and the na- tion. He needed no such incentive ; for he saw that the state must be speedily saved, or her glory and her strength would depart for ever. With a sagacity peculiarly his own, Mr. Clay soon dis- covered, that although there was a decided majority which opposed the admission of Missouri into the union wheu- HENRY CLAY. 205 ever the question was put to vote, still a secret wish per- vaded that majority, for the peaceable adjustment of the controversy. This was a most favourable circumstance, since it secured the success of any preliminary or collate- ral motion, which he might offer with the view of an ul- timate accommodation. After having "delivered his sen- timents at large on the state of the question," and in those deep and solemn tones which had before sounded through the house in the hour of his country's need, made " an earnest appeal to members of both belligerent parties, to bring to the discussion, minds prepared to harmonize," he submitted, as a last effort, on the second day of February, a motion to refer the Missouri question to a com. mittee of thirteen a number suggested by that of the original states of the union. The motion was agreed to, and a committee was so constituted of the two parties, that if all those members of it who had before opposed the admis- sion of Missouri, could be reconciled to any plan of ad- justment, that plan would be carried in the house. On the 10th of February, Mr. Clay, as chairman of the committee, made a written report to the House, accompa- nied by a resolution for the admission of Missouri into the union, upon the following fundamental condition : " It is provided, that the said state shall never pass any law preventing any description of persons from c'orning to or settling in the said state, who now are or may here- after become citizens of any of the states of this union, and also that the legislature of the said state, by a pub- lick act, shall declare the assent of the state to this provi- sion, and shall transmit to the president of the United States, on or before the fourth Monday in November next, an authentickcopy of the said act, upon the receipt where- of the president, by proclamation, shall announce the fact ; whereupon, and without any further proceedings on the 18 206 BIOGRAPHY OF part of congress, the admission of the said state into the union shall he considered as complete : and it is provided further, that nothing herein contained, shall be construed to take from the state of Missouri, when admitted into the union, the exercise of any right or power which can now be constitutionally exercised by any of the original states." It is obvious that this proposal did not involve a sacri- fice of any of the principles for which Mr. Clay, and all those who were in favour of the unqualified admission of the state, had contended. It did not decide whether free negroes and mulattoes were or were not citizens of the United States, but left that question to the proper tribunals. It stripped Missouri of no power which appertained to the original states. It required, indeed, a solemn act of the legislature of the state, but that act was to effect no other object, than what the constitution of the United States, operating on the case, would have accomplished. On the other hand, those who had opposed the admission of the state, ought to have been content with the proposal. Their objection, as they had alleged, was founded on the repugnance of a clause of the Missouri constitution to the constitution of the United States. The argument had been pressed upon them in vain, that assuming the exist- ence of the repugnance, the constitution of the United States must control. On this point they stood committed by repeated votes. Mr. Clay clearly saw, that it was use- less to urge them to retrace their steps, however untenable their ground. He saw the necessity of affording them some opportunity for a decent retreat ; and this was done by the requirement of the solemn act from the legislature of Mis- souri. Upon their own principles, if the exceptionable clause in the constitution of the state were the real objec- tion to her admission, they were bound to be satisfied with, that act HENRY CLAY. 207 The report was taken up in the house on the 1 2th of February. Mr. Clay gave a detailed account of the pro- ceedings in the committee ; of the difficulties which inter- posed; and of the considerations which led to the recom- mendation of the resolution. He concluded his expla- nations and arguments by earnestly and passionately in- voking the spirit of harmony and kindred feeling to pre- side over the deliberations of the house. A sharp and ob- stinate encounter ensued. In the committee of the whole on the state of the union, the report of the committee of thirteen was negatived by a small majority ; but this de- cision was afterwards overruled in the house. On the question^ however, of the third reading of the resolution, it was rejected by a majority of 83 to 80, in consequence of the defection of Mr. Randolph, of Virginia, who, with two or three other southern members, voted with the party that had been opposed to the admission of the new state. The next day, a reconsideration was moved and carried by a large majority; and thus the question of the third reading of the resolution was again brought before the House. Another protracted and bitter debate followed, and was concluded by a speech from Mr. Clay, who is represented by the contemporary journals, as having "rea- soned, remonstrated, and entreated, that the House would settle the question." Every other speaker that rose, ap- peared under the combined influences of personal, section- al, and political resentments, and addressed the house with no other object than that of provoking and defying the opposite party to the worst excesses. Mr. Clay alone stood above the violence and the rage of conflict. No provocation could stir him to wrath. Every darker pas- sion seemed to have died within him, and he looked down upon the maddening and terrifick scene with that calm and sublime regret, and gave utterance to his thoughts in that 208 BIOGRAPHY OP high, majestick, and pathetick eloquence, which seemed al- most to designate him as a superior being commissioned by Heaven to warn our country against the sin of anar- chy and blood. So resistless was his appeal, that many a fierce and lowering countenance was wet but all would not do. A small majority again decided against him, and his resolution was thus finally rejected. The next day, the ceremony of counting the votes for president and vice-president was performed in the pre- sence of the members of both houses of congress, in the hall of the house of representatives. A scene of unpre- cedented tumult and confusion arose on the question, whether the vote of Missouri should be enumerated, and the disturbance could be allayed only by the adjournment of the house. The rejection of the report of the committee of thirteen produced the deepest sensation in and out of congress. All appeared to be startled at the situation in which the question was now left. Even those, who had done the most to produce this lamentable state of things, seemed to tremble at their own doings, like the eastern magician, who had raised up a fiend unawares by his unholy incan- tattons. Every heart began to yield to despair. Mr. Clay thought it best to leave this feeling .to operate, for a few days, without control. Perhaps he himself felt em- barrassment as to the next expedient to be adopted. The majority of the house had repeatedly decided against the unconditional admission of Missouri. There was no hope of changing that majority, whatever might be its convic- tions. It had gone too far to recede. The same majority had now decided against the admission of the state under the only condition that appeared defensible. What more could be done ? During the repeated debates, to which this question HENRY CLAY. 209 gave rise, Mr. Clay, deeply penetrated with its immense importance, preserved a firm and unchanged countenance. Endeavouring to detach the majority from its leaders, he would sometimes assail the latter with an impetuosity, which bore them down, as if their strength had been but that of infancy. He would say to them what is your plan as to Missouri ? She is no longer a territory. She is a state, whether admitted into the union or not. She is capable of self-government, and she is governing herself, Do you mean to force her permanently from the union ? Do you mean to lose the vast publick domain, which lies within her limits ? Do you intend to drive her back to a territorial condition ? Do you intend to coerce her to alter her constitution? How will you do all this? Is it your design to employ the bayonet? We tell you frankly our views. They are to admit her absolutely if we can, and, if not, with the condition which we have offered. You are bound to disclose your views with equal frankness. You aspire to be thought statesmen. As sagacious and enlightened statesmen, you should look forward to the fearful future, and let the country understand what is your remedy for the evils which lie before us. To all this, what could the restrictionists reply ? No- thing. They had no plan for the future, and they offered none. They could only say, that they wished the whole subject to be referred to the next congress. Where would have been the advantage of this ? It was evident, that the same difficulty would again arise, unless, indeed, the difficulty and the union should, during the intervening peri- od, be swallowed up together in the wild vortex of civil war. Various proposals were, at length, made in the two houses by members of the majority, indicating a desire to settle the question: but none of them appeared acceptable. Mr. Clay, to whom the eyes of congress and of the nation 18* 210 BIOGRAPHY OF were still turned, as the only person capable of producing an accommodation, finally submitted, on the birth-day of the Father of his country, the following resolution : " Resolved, that a committee be appointed, on the part of the house, jointly with such committee as may be ap- pointed on the part of the senate, to consider and report to the senate and house of representatives respectively, whe- ther it be expedient or not to make provision for the ad mission of Missouri into the union on the same footing as the original states, and for the due execution of the laws of the United States within Missouri ; and, if not, whether any other and what provision, adapted to her actual con- dition, ought to be made by law." The resolution was adopted by a majority of near two thirds of the house, and was subsequently agreed to in the senate by a still larger majority. To give dignity and so- lemnity to the proceedings, and. to increase the chances of a successful result, Mr. Clay proposed, that the committee should consist of twenty-three members, answering to the number of states in the union, and that the members should be appointed by ballot. Such a thing had never taken place in the house of representatives. The proposition, however, was sustained. Members from all parts of the house now repaired to Mr. Clay for a list of the members whom he wished associated with him on the committee. He had prepared such a list, comprehending a sufficient number of those members of the majority whose minds were believed favourable to an accommodation, to secure the passage of any resolution, on which the committee might generally agree. Although the process of balloting for a large committee, in such a numerous body as the house of representatives, is necessarily tedious and inconvenient, so great was the general deference to the opinions and wishes of Mr. Clay, that seventeen members were elected HENRY CLAY. 211 from his list on the first ballot. On the second ballot, the residue of the committee was principally made up from the same list. Thus it appears, that even the advocates for the exclusion of Missouri from the union, still regarded Mr. Clay with reverence. Incensed as they were at his whole party, for him they could feel nothing but respect and ve- neration. Although they saw, that, in his single person, he was exercising against them the influence of more than twenty men, they knew that his motives were above re proach. They knew, that " Every end he aimed at was his country's, His God's, and truth's." On the meeting of the joint committees of the two houses, which took place on the 25th of February, 1821, a preliminary difficulty arose. Mr. Clay was chairman of the committee of the house, and Mr. Holmes of that of the senate. Which chairman was to preside in -the joint session? To obviate this difficulty, Mr. Clay proposed that each chairman should preside over the committee to which he belonged, and collect the sense of that commit- tee on every motion which might be submitted. The pro- posal was accepted. The committees had a long and ar- duous session, during which the subject of the admission of Missouri was fully considered and discussed. Mr. Clay exhorted the members of the committee to mutual conces- sion, telling them, that it would be in vain to report to the house any plan of accommodation, which they themselves, to whatever party they had belonged, should refuse to sup- port in the final vote. Having impressed their minds with this truth, he interrogated them separately on every dis- tinct proposition. Finally a resolution was agreed upon by so many of the members of the committee as to autho rize a confident expectation, that it would be sustained by 212 BIOGRAPHY OF a majority of the house. It did not vary essentially from that which had been previously reported by the committee of thirteen. The next day, the resolution was reported to the house, and Mr. Clay explained the proceedings of the committee. A short discussion ensued, which was closed by a call for the previous question. The resolution was adopted by a majority of eighty-seven to eighty-one, and sent to the senate, who promptly agreed to it. The solemn publick act, which it required of the legislature of Missouri, was passed ; the proclamation of the president was thereupon issued ; and the new state was, at last, admitted into the union, and her senators and representatives, at the suc- ceeding session of congress, took their seats. Such was the ultimate issue of this momentous ques- tion. Its publick annunciation was received with the highest transports of joy. These burst forth in exclama- tions, that Mr. Clay was the second Washington the saviour of his country the pacificator of ten millions of people. Even in those states, whose representatives had been the most inflexibly opposed to the admission of Mis- souri, the intelligence of the issue of the controversy was received with silent satisfaction or open demonstrations cf approbation; whilst, in Missouri herself, a deep and per- vasive sentiment of gratitude was felt and evinced towards her successful advocate. We know not but this was the proudest day that Mr. C. had ever witnessed. What now was wanting for the consummation of his glory? He had done what no one else, but the great Director of events, could have accomplished. He had poured the oil of peace upon the stormy sea, when the heavens above were black with an unnatural night, and the ship of state was running wild before the tempest, and every mast quivering, as if recoiling from the stroke of the falling thunderbolt. HENRY CLAY. 213 The speeches, delivered from time to time by Mr. Clay during the discussion of the Missouri question, have never been published. The journals of the day have not re- corded what he said, but what he did. He probably was too entirely occupied 'with the great object, which he had at heart, to attend to the preparation or revisal of his re- marks. All his care for fame was lost in patriotism. We have understood, that he occupied himself almost inces- santly, night and day, in and out of the house, in the pa- cification of congress. Upon the arrival of any person of influence or consideration at Washington, Mr. C. would immediately address him, and endeavour to enlist him in favour of the settlement of the great question, or, if that could not be effected, to persuade him to take a neutral part. So great was his excitement, so intense the interest he felt, and so unremitted his bodily exertion, that he has frequently been heard to declare, that his health, and, in all probability, his life, would have been lost, if the admission of Missouri had been deferred a fortnight longer. It is with regret we record the fact, that, whilst this sub- ject was before the house in 1820, and the fury of the op- posing parties was at its height, a project was started by certain gentlemen of the minority, that the members from the slave-holding states should secede from the house in a body, and leave the representatives from the other states in exclusive possession of it. The success of this project would have carried with it the instant downfall of the republic k. One night, when the house was engaged in debating the great question, and there seemed but a faint prospect of its adjustment, Mr. Randolph accosted Mr. Clay, who, for a moment, was absent from the chair, and said to him 11 Mr. Speaker, I wish you would quit the chair and leave the house ; I will follow you to Kentucky or any where BIOGRAPHY OF^ else." Mr. R. was told, in reply, that his proposition was a very serious one ; and that, if he would meet Mr. C. the next morning in the speaker's room, the latter would con- verse with him fully on the whole subject. The inter- view accordingly took place, and the parties had a long conversation, relating principally to the propriety of a compromise. Mr. Randolph was decidedly opposed to any compromise, and Mr. Clay was in favour of acceding to one, if it could be done without any sacrifice of princi- ple. Each maintained his opinions, respectfully, but with firmness. We may here remark, by the way, that, to- wards the termination of this interview, mutual explana- tions were made by Messrs. C. and R. in regard to some previous personal differences, which they agreed to forget, and, thenceforward, to be upon good terms. They never exchanged salutations or spoke to each other again during that session. Soon after the interview, Mr. Clay was suc- cessively informed, b}' a senator of the United States and a member of the house of representatives, both of whom are now living, that Mr. Randolph had been attending the gallant and lamented Decatur in his last moments, arid gazing on his corpse ; that the melancholy scene had greatly excited liim. and inspired him with a desire to have, like Decatur, an affair of honour ; and that lie was known to wish it with Mr. Clay. These communica- tions naturally made Mr. C. regard Mr. Randolph's man- ner, at their next meeting, with some attention ; and, as he believed it to be repulsive, the parties met, as they ever afterwards did during that session, without speaking to each other. With one of the gentlemen above referred to, Mr. Ran- dolph, at the session of 1821, used every persuasive artifice to prevent his agreeing to a settlement of the Missouri question. Amongst other reasons, he urged, that if the ..... 215 controversy should be adjusted, the effect would be to se- cure Mr. Clay's election to the presidency of the United States. Even Mr. Clay's personal enemies, it seems, were aware, that, if he succeeded in giving peace to the country at that perilous dey, no reward would be thought too glo- rious for his services. 216 BIOGRAPHY OP SECTION SEVENTH ALTHOUGH it was Mr. Clay's earnest desire to devote himself exclusively to the regular practice of law after his retirement from congress, at the close of the congressional session of 1819-20, his fellow citizens still continued to importune him for his publick services. Among other ap- pointments, he was, in 1822, delegated, in conjunction with Mr. Bibb, now a senator in congress, to attend the sittings of the Virginia legislature, for the purpose of procuring an equitable adjustment of certain land claims in Kentucky. ' We allude to this fact on account of an amusing incident that occurred in the course of the application. It is well known, that the land laws of Kentucky have been a source of much litigation and perplexity. Prior to its separation from Virginia, it was chiefly settled by emigrants from the latter state, who made purchases of large tracts of land, not doubting that the titles, which were holden under the authority of Virginia, were per- fectly good. They discovered soon afterward, however, that nearly the whole of the Kentucky territory was lite- rally "shingled over with titles;" and one claim gave way to another only to be superseded, in turn, by others of still earlier date. It was thought by the people of Ken- tucky, that Virginia was morally bound to indemnify the sufferers under her laws. To remedy the hardships of their condition, the general assembly of Kentucky had passed various statutes, known under the denomination of the " occupying claimants' laws." Their validity under the'compact between the two states, by which Kentucky HENRY CLAY. 217 became independent, was controverted. To provide a mode for settling that question, and, at the same time, some claims which the state of Virginia had upon the lands south of Green River, in the limits of Kentucky, Messrs. Clay and Bibb were deputed as commissioners, to make application to the legislature of the former state. After considerable exertion, the two delegates obtained a hearing before that body; and Mr. C. is said to have made one of his finest efforts. In the course of his appeal, he alluded, with the most heart-stirring pathos, to the con- dition of those men who had gone out from Virginia to seek a home in a sister state, and were afterwards driven from their temporary refuge by the tyranny of the law. The mournful feeling of the emigrant, sobbing an adieu to the tombs and temples of his fathers his toils and suffer- ings in building up a new habitation, and gathering the manna of Heaven, like the children of Israel, from the bosom of the wilderness. these things were dwelt on by Mr. Clay with a depth and fervour of feeling, to which every heart passionately responded. It was known, that the orator himself, before the silken locks of boyhood were yet dark upon his temples, had gone from his own land in poverty to establish his fortunes in a stranger-land ; and this circumstance caused his eloquence to sink upon the passions of his hearers with a still deeper spell. In the midst of one of his finest passages, it occurred to him to quote these beautiful and affecting lines of Sir Walter Scott : " Lives there a heart so cold and dead, That never to itself hath said, This is my own, my native land !" He began the quotation, but the words escaped his memo- ry, and he could not proceed. It was one of those mo- 19 218 BIOGRAPHY OF ments the most trying to a publick speaker, and the most decisive of his presence of mind. Without manifesting the least hesitation, Mr. C. pressed his hand upon his brow, until he could recal the language of his author, and then proceeded to repeat it in his most impassioned manner. The effect was like that of magick. Every spectator be- lieved, that, when the orator clasped his forehead in silence, the memory of other years was swelling in his bosom and choking his utterance with tears; and, from all parts of the hall, there was an answering gush, as if every heart had been dissolved to a fountain in that one flow of passion. The mission of Messrs. Clay and Bibb led to the ap- pointment, in the course of the year, of B. W. Leigh, Esq. to treat in behalf of Virginia, with the state of Kentuckj', of the subjects on which they had been sent. Mr. Clay was appointed to conduct the negociation on the part of Kentucky, with Mr. Leigh. They concluded, at Ash- land, a convention, w r hich was ratified by the legislature of Kentucky and by the house of delegates of Virginia, but was rejected in her senate by a small majority. Mr. Clay, at the earnest and repeated solicitations of his fellow citizens, accepted a re-appointment to congress in the summer of 1823. By the profits of a legal practice of less than three years, he had retrieved his pecuniary losses, and could now afford, once more, to devote his time to the service of his country. At the commencement of the session his name was again presented for the distinguished honour of presiding in the house ; and he was elected to the chair, in opposi- tion to Mr. P. P. Barbour, of Virginia, a highly popular member, who had filled the chair during the preceding congress, by a majority of more than three fourths of the HENRY CLAY. 219 members. The following jeu - fliction of wrong. When the quick and sensitive feelings of the heart are touched by the rude and ungloved hand of HENRY CLAY. 267 malevolence when a reputation, built up by years of in- tellectual toil, is crumbling away beneath the influence of misguided prejudice, defence, open and manly defence, be- comes a solemn and an imperative duty. Silence in such a case must be the result of conscious iniquity, or the apathy of despair. Mr. Clay has made his defence ; and the charge of bargain and corruption has settled like a fiery curse, upon the hearts of those who invented it. In May, 1829, the citizens of Lexington testified their respect for the talents, and gratitude for the services of Mr. Clay, by a splendid public dinner, which was given him at Fowler's Garden, An immense concourse assem- bled. A toast, highly complimentary to the "distinguish- ed guest, friend, and neighbour, Henry Clay," was re- ceived with enthusiastick acclamation. As the long and joud murmurs of applause died away on the verge of the gathered multitude, Mr. Clay arose, and, in. a speech of nearly two hours in length, commanded the undivided attention of the vast and gratified audience. It was a noble effort. The sternest hearts melted at the pathos of its exordium the clearest intellect bowed down to the over-mastering presence of its argumentative power and to the solemn truth and touching effect of its perora- tion, every countenance bore witness. Mr. Clay entered at length into an exposition of his views of the administration of a republican government. After a courteous allusion to the new administration ; and declaring himself ready to support it, so far as was con- sistent with his duty, he remarked : " Government is a trust, and the officers of government are trustees; and both the trust and the trustees are created .for the benefit of the people. Official incumbents are bound, therefore, to administer the trust, not for their own individual bene- fit but so as to promote the prosperity of the people. 268 BIOGRAPHY OF This is the vital principle of a republick. If a different principle prevail, and a government be so administered as to gratify the passions, or promote the interest of a parti- cular individual, the forms of free institutions may remain, but that government is essentially a monarchy. The great difference between a monarchy arid republick, is, that in a republick all power and authority, and all publick offices and honours, emanate from the people, and are held and exercised for the benefit of the people. In a monarchy, all power and authority, all offices and honours, proceed from the monafch. His interests, his capnces, and his passions, influence and control the destinies of the king- dom. In a republick the people are every thing, and a par- ticular individual nothing. In a monarchy, the monarch is every thing, and the people nothing. And the true character of the government is stamped, not by the forms of the appointment to office alone, but by its practical operation. If, in one nominally free, the chief magistrate, as soon as he is clothed with power, proceeds to exercise it so as to minister to his passions, and to gratify his fa- vourites; and systematically distributes his rewards and punishments, in the application of the power of patronage, with which he is invested for the good of the whole, upon the principle of devotion and attachment to him, and not according to the ability and fidelity with which the peo- ple are, or may be served : that chief magistrate, for the tiane being, and within the scope of his authority, is in fact, if not in form, a monarch." The conclusion of this address is in Mr. Clay's hap- piest mariner a mingling of the pathetick with the beau- tiful. He stood before sires far advanced in years en- deared to him by an interchange of friendly office and sympathetick feeling, beginning more than thirty years ago ; and before their sons, grown up during his absence HENRY CLAY. 269 in the publick councils. It is easy to imagine the powerful effect of such an appeal upon such an audience ; for it was the language of truth of wronged and insulted vir- tue an appeal to the reason as well as to the hearts of those who heard it. " And now, my friends and fellow-citizens," said Mr. Clay, " I cannot part from you on possibly this last occasion of my addressing you, without reiterating the expression of my thanks from a heart overflowing with gratitude. I came among you, now mere than thirty years ago, an orphan boy, penniless, a stranger to you all, without friends, without the favour of the great. You took me up, cherished me, caressed me, protected me, ho- noured me. You have constantly poured upon me a bold and unabated stream of innumerable favours. Time, which wears out every thing, has increased and strengthened your affection for me. When I seemed deserted by almost the whole world, and assailed by almost every tongue and pen and press, you have fearlessly and manfully stood by me, with unsurpassed zeal and undiminished friend- ship. When I felt as if I should sink beneath the storm of abuse and detraction, which was violently -raging around me, I found myself upheld and sustained by your encouraging voices, and your approving smiles. I have doubtless committed many errors and indiscretions, over which you have thrown the broad mantle of your charity. But I can say, and in the presence of my God and of this assembled multitude I will say, that I have honestly and faithfully served my country ; that I have never wronged it ; and that, however unprepared I lament that I am to appear in the Divine presence on other accounts, I invoke the stern justice of His judgement on my publick conduct, without the smallest apprehension of His dis- pleasure." 270 BIOGRAPHY OF At other places which Mr. Clay visited, in the prosecu- tion of his business as a lawyer, or in the interchange of the kind offices of relationship, during the seasons of 1829 and 1830, he expressed his sentiments freely, in reference to those great measures of national policy which he had so long and steadily advocated. Nor did he at the same time conceal his disapprobation of the course pursued by the administration in power. There is a kind of selfish prudence, of timorous expe- diency, in which many find an apology for withholding their real sentiments upon the most important subjects. Even when the dearest interests of the publick are at stake when political corruption, like the poison breath of the Samiel, is sweeping around them, and blasting the fairest blossoms of liberty, instead of going forth like the prophet of old between the dead and the living, to stay the progress of the contagion, they intrench themselves behind this doubtful expediency, and closing their eyes and their ears, talk calmly of neutrality. With such, Mr. Clay has no fellowship of feeling. Whatever his sentiments may bo, he casts them freely before the publick, in the unhesitating frankness of conscious integrity. Subtle policy intrigue, and double dealing, are no elements of his republican character. Differing broadly as he does from the adminis- tration of Gen. Jackson to conceal that difference to affect friendship where his better feelings would scorn and loathe it, would be a manifest departure from the uniform sincerity of his life. To Gen. Jackson he has always done justice. On no occasion has he sought to tarnish one leaf of the green chaplet, which he had himself aided in binding upon the brows of the gray -haired chieftain. But he has never yielded to the madness of military en- thusiasm. In Gen. Jackson, as President of the United States, he finds much to condemn. He believes the ark 11KXRY CLAY. 271 of our political safety to bo endangered while in the keep- ing of one who has so often touched it with an unholy hand. We sincerely regret the necessity of an allusion of this nature to the administration of Gen. Jackson. But, identi- fied, as Mr. Clay's latter history is, with the rise and pro- gress of that administration, any attempt on our part to avoid such an allusion, would be justly considered as over scrupulous a manifest departure from the plain path of our duty. It is our province to state facts, without regard to the probable comments which they may call forth. In March, 1830, Mr. Clay, on his return from New Orleans, to which place his private affairs had called him, received a pressing invitation from the citizens of Natchez, Miss., to partake of a publick dinner. The invitation being accepted, the city was crowded with an immense concourse of visitors from all the adjacent country. It was no partizan gathering. The warmest political oppo- nents sat down, face to face with each other, united in one subject at least the desire to do honour to their distin- guished guest to one, whose patriotick ajctives none of them could doubt, however much they might differ from his principles. Mr. Clay made some remarks on this occasion, in his usual eloquent and engaging manner. He was inter- rupted more than once by the deep, involuntary murmurs of applause which burst forth around him. Every word which he uttered went down and rested upon the hearts of his auditors, like the kind tones of some blessed visi- tant. A gentleman who was present, has given us an animated description of the scene, a part of which we have transcribed. "It was a proud moment for Henry Clay. The dark elements of faction sank down into quietude before him. 27 EIOGllAPHY OF Men who had been arrayed for years in political conten- tion, who had hitherto met each other with the clenched lip and knitted brow of hatred, gave back on this occasion the smiles of one another. " Mr. Clay commenced by an acknowledgement of his gratitude for the honours bestowed upon him. ' There is nothing in life,' said he, ' half so delightful to the heart, as to know, that, notwithstanding the conflicts which arise among men the whirlwind and madness of party feeling there yet are times, as on the present occasion, when passion and prejudice slumber moments, when old differences cease from troubling; and when all that is turbulent, as all that is distrustful, are sacrificed to the generous and social dictates of humanity.' " He spoke of Gen. Jackson. He spoke of his great battle. Darkly as he had been traduced, deeply as he had been injured by that man, he yet hesitated not to bestow upon him his full measure of patriotick encomium. His feelings rose with the subject. His eye kindled. There was a moral grandeur in his look ; and all who saw it felt that it was tHfe visible manifestation of the triumph of his nobler feelings over the dark sense of wrong. " At that moment I would have given my right hand to have seen Gen. Jackson confronted before his magnani- mous opponent face to face, with the man, whom he had so foully injured. Had he been there under the eye of that noble hearted-speaker every word of commenda- tion, every generous acknowledgement of his services, would have fallen upon his head like a rain of fire. " The applause which, ever and anon, broke in upon his address, was unaffected and spontaneous. It was the over- flow of enthusiastick feeling. Nor was it poured forth without an adequate cause. HENRY CLAY. 2T?t 1 His words had such a melting flow, And spoke the truth so sweetly well, They dropped like heaven's serenest snow, And all was brightness where they fell.' " In July, Mr. Clay was called to Columbus, Ohio, in the discharge of his professional duties. Although travelling as a private citizen a plain republican lawyer he was every where received with marks of attention, and enthu- siastick regard. In every town which he visited, the citizens gathered around him ; and wherever he turned, a hundred hands were extended to clasp his own. Publick feeling flowed after him as the tides of ocean follow the moving moon. At a collation given by the citizens of Cincinnati, during this journey, Mr. Clay remarked, at length, upon the sub- ject of internal improvements, as connected with the veto of Gen. Jackson to bills passed by Congress in accordance with its views of the system, and the settled policy of the nation. He maintained the constitutional right of Con- gress to countenance, and co-operate with, such works, as in its estimation are of manifest national .importance. He also dwelt upon the tariff its principles and its practical effects. His concluding remarks were truly eloquent. 'Why,' he demanded, 'were the fires of unabated persecu- tion kindled around him ? Why was the artillery of the press incessantly levelled upon him? What had he done? The history of his past life was before the people. If he had erred in any of his endeavours to subserve the best interests of the publick, he regretted it. His conscience at least did not reproach him. And what was he doing to draw down upon him the maledictions of his countrymen ? He was a private citizen. He could exercise authority over none; nor had he any engine of governmental patronage 274 BIOGRAPHY OF to pervert, and make subservient to purposes of personal aggrandizement.' In December, 1829, Mr. Clay delivered an address before the Kentucky Colonization Society. It is a strong, elo- quent, and conclusive argument, in support of the objects and principles of the society. Slavery, in the abstract, Mr. Clay views with unmingled abhorrence. He justly considers it a monster of evil a deadly vampyre draining away the life blood of the republick. But he is not one to abuse that portion of his countrymen upon whom the misfortune has fallen. Believing, as he does, that the present generation are not responsible for its existence, he would rather afford the slave-holder his sympathy, than censure him for the existence of an acknowledged evil, which he has no means of averting. In common with the society of which Mr. Clay is a prominent supporter, he would mildly and cautiously ap- proach the perilous volcano of slavery. He would endea- vour to obviate its dangers by turning stream after stream of philanthropy upon its burning bosom, quenching by slow degrees its destructive element ; not by madly tearing open the crater of its prison-house, and overwhelming the whole land with one fiery visitation. In the address before the Colonization Society, Mr. Clay developed with a clear and definite understanding of his subject, the immense evils resulting from the existence of slavery. He portrayed in vivid colours the sufferings, the mental and bodily degradation, of the slave. He spoke of the dangers to be apprehended from an insurrection of the blacks, when, in' every abiding place of slavery there were fierce hearts brooding over the accumulated wrong of years, and dark hands ready to grasp the fire-brand and the dagger. He took a view of the operations of the Colonization Society from its commencement, and dwelt HENRY CLAY. 275 with pleasure upon the success which had attended its efforts to establish a colony of free blacks in the land of their forefathers to introduce the blessings of civilization into the wilds of Africa, and light up as with a new sun, the darkened moral atmosphere of that ill fated continent. We cannot forbear to make an extract of this portion of the address. " Let us not be disheartened by the little which has been accomplished in the brief space of thirteen years, or by the magnitude and difficulties of the splendid undertak- ing. In the execution of vast schemes which affect the happiness and the condition of a large portion of the habi- table globe, time is necessary, which, in the estimation of mortals, may appear of long duration, but which, in the eyes of Providence, or in the computation of the periods of national existence, is short and fleeting. How long was it after Romulus and Remus laid the scanty founda- tions of their little state, within the contracted limits of the peninsula of Italy, before imperial Rome burst forth in all its astonishing splendour the acknowledged mistress of the world ! Ages rolled away before Carthage, and other colonies of the olden time, shone out in all their com- mercial and military glory. Centuries have elapsed since our forefathers in the morasses of James river, and on the rock of Plymouth, began the work of founding this re- publick, yet in its infancy. Eighteen hundred years have rolled away since the awful sacrifice of our blessed re- deemer upon the Munt of Calvary, and more than half mankind continue to deny his mission and his word I " We may boldly challenge the annals of human nature for the record of any human plan for the melioration of the condition or the advancement of our race, which pro mises more unmixed good in comprehensive benevolence, than that of the Colonization Society, if carried into full 276 BIOGRAPHY OF operation. Its benevolent purposes are not confined to the limits of one continent not to the prosperity of a solitary race. They embrace the two largest portions of the earth, with the peace and happiness of both descriptions of their present inhabitants, and the countless millions of their posterity. The colonists, reared in the bosom of this re- publick, with a knowledge of the blessings which liberty imparts, although now unable to share them, will carry a recollection of them to benighted Africa, and light up, in time, her immense territory. And may we not indulge the hope, that, in a period of time, not surpassing in duration that of our own colonial and national existence, we shall behold a confederation of republican states, on the western shores of Africa, with their congress and their annual legislatures, thundering forth in behalf of the rights of man, and causing tyrants to tremble on their thrones ?" The conclusion of the address is full of rich and splen- did imagery, and of pure and exalted feeling. It is a specimen of the copiousness and magnificence of its au thor's flow of thought. "Almost all Africa is in a state of the darkest igno- rance and barbarism, addicted alike to idolatry and su- perstition, and destitute of the blessings of Christianity and civilization. The American Colonization Society is an instrument, v/hich, under the guidance of Providence, is competent, with publick assistance, to spread the light of both throughout its vast dominions, and the means are as simple, as the end is grand and magnificent. It will employ as agents some of the very brethren of the heathen sought to be converted, and brought within the pale of civilization. The Colonization Society proposes to send not one or two pious members of Christianity into a foreign land, among a different, and, perhaps, a suspicious race of HENRY CLAY, 277 another complexion ; but, to transport annually, for an indefinite number of years, thousands of efficient missiona- ries, of the descendants of Africa itself, with the same interests, sympathies, and constitutions of the natives, to communicate the benefits of our holy religion, and of the arts of civilization. And this colony of missionaries is to operate not alone by preaching the words of truth and revelation, which, however delightful to the ears of the faithful and intelligent, are not always comprehended by untutored savages, but also by works of occular demon- stration. It will open the great forests it will build up cities erect temples for Christian worship; and thus prac- tically exhibit to the native sons of Africa, the beautiful moral spectacle, and the superiour advantages of our reli- gious and social systems. In this unexaggerated view of the subject, the African colony, compared with other mis- sionary plans, presents the force and grandeur of the noble steamer, majestically ascending, and with ease subduing, the current of the Mississippi, in comparison with the feeble and tottering canoe, moving slowly among the reeds which fringe its shores. It holds up the image of the resistless power of the Mississippi itself, rushing down from the sum- mits of the Rocky Mountains, and marking its deep and broad and rapid course, through the heart of this conti- nent, thousands of miles, to the Gulf of Mexico, in com- parison with that of an obscure rivulet, winding its undis- cernible way through dark and dense forests or luxuriant prairies, where it is quickly and forever lost. " Confiding in the approving judgement of Divine Provi- dence, and conscious of the benevolence and purity of our intentions, we may fearlessly advance in our great work. And when we shall, as soon we must, be translated from this into another existence, is the hope presumptuous, that we shall then behold the common Father of the white 24 278 BIOGRAPHY OF and the black the Ruler of the universe, cast His all-see- ing eye upon civilized and regenerated Africa its culti- vated fields its coasts studded with numerous cities, and adorned with temples dedicated to the religion of His re- deeming Son its far-famed Niger and all its great rivers, lined with flourishing villages, arid navigated by that wonderful power which American genius first applied ; and that, after dwelling with satisfaction upon the glori- ous spectacle, he will deign to look with approbation upon us, His humble instruments, who have contributed to pro- duce it." It is worthy of regard, that the philanthropick views and feelings of Mr. Clay, broadly as they extend, and warmly as they are cherished, are yet tempered by sound judgement and correct ideas of expediency. We have already seen how resolutely he maintained the cause of his country in the stormy discussions of the Missouriques- tion, at a time when the elements of our federal union were shaken almost to separation. Although opposed to slavery in all its forms, he saw, in that hour of contention, the absolute necessity of a surrender of his individual opinions, as a sacrifice upon the altar of patriotism. That surrender was made, and the union was preserved. We have now reached that point, beyond which our vision cannot penetrate. We have briefly and imperfectly detailed the leading incidents in the life of Mr. Clay, down to the present period. We are fully sensible that we have not done justice to the subject. Linked, as Mr. Clay's services are, in undying association with the great deeds and giant enterprises which, for a long series of years, have elevated us in the view of other nations, and strength- ened with new energies our moral and physical power, the task of their correct and thorough development be- longs only to the future chronicler of our country's political HENRY CLAY. 279 history. Never, perhaps, was the history of an untitled citizen more completely identified with that of his country. It has been written in our treaties It has been thundered aloud upon a score of battle-fields, and where the silence of the great deep has been broken by the hot breath of our cannon It has been heard by the republicks of the South in our solemn recognition of their freedom It has been inscribed in enduring characters upon the whole surface of our immense territory, in the newly opened canal, and the crowded thoroughfare in the triumph of human intellect over the prohibitions of nature It has been seen and felt in the operations of that system, which has enabled our country to rely on its own vast resources to substitute the plain but ample garb of independence for the borrowed and tawdry trappings of Europe ; and which has called up, as by the wand of enchantment, the lively village, and the flourishing manufactory, upon half our mountain streams. In the foregoing pages we have attempted no eulogium of Mr. Clay. Our commendatory remarks have been only such as have naturally resulted from a contemplation of his important publick services. These services are, in themselves, his best eulogium ; and we have simply en- deavoured to place them before the American people, in their just and true light in that light in which they must be regarded by all posterity, and by the candid and im- partial of the present day. 280 BIOGRAPHY OF CONCLUSION. THE person of Mr. Clay exhibits a perfect combina- tion of suavity, dignity, and power. He is tall and some- what slender, and his carriage and deportment are manly and prepossessing. His mouth is large, but bland and energetick in its expression. His forehead is high and broad. The contour of his head is remarkably fine. A disciple of the school of Gall and Spurzheim would find much to admire in its ample development of all those organs of the brain, which, in the estimation of the phre- nologist, are the unfailing indications of superiour intellect. In his ordinary intercourse with society, and while engaged in common conversation, the lively frankness and open be- n^volence of his feelings are portrayed in his countenance. Iji debate in the warm and fierce conflict of mind his features sympathize with the varying emotions of his heart. His keen eye kindles into new brightness from the irrepressible fire within him ; and his whole countenance discovers like a mirror the transit of the star-like thoughts, which beam upon lips touched with the living coal of eloquence. As an orator, Mr. Clay ranks high higher, perhaps, than any otlier individual in the United States. His re- ported speeches discover a mind more logical than imagi- native. Yet they are alive with feeling so much so, that, in many instances, the patient searching out of old authori- ties, and the slow and cautious development of opinion,, seem to have been incompatible with the ardour of his HENRY CLAY. 281 temperament. "When he believed the honour and pros- perity of the country at stake when, to his view, the torch of the incendiary was flashing with unholy light at the very threshold of Liberty he passed by every minor consideration, every tedious preliminary, and grappled at once with the important subject before him. Yet, in the debates on the Tariff and Internal Improvement, his array of facts and concentrated arguments, massy and united, resembles the strong linkings of a chain of iron. His talents are always at command. He is never thrown off his guard when engaged in an intellectual struggle ; but, in whatever manner the question for discussion may be presented, he scrutinizes its features at a glance, dis- covers its weak or its defensible points, and directs his own operations accordingly. Once engaged in his subject, he finds no obstacle of sufficient power to oppose the onward and irresistible flow of his argument. Every thing is borne away before it. His reported speeches are but the skeletons of their masterly originals. In comparison with their first manifestations, they are like deserted temples, after the glories of their mystical worship have departed, or like dull gray clouds, after the illumination of the light- ning has passed away forever. The gems which are borne upward by the hurrying wave of his eloquence are never seen but once. They dazzle in the peculiar and immediate light which hovers around his subject ; and having per- formed their office of illustration, are forgotten even by the mind which conceived them. His style is peculiarly happy. It has the freshness and originality of the heart, and its effect has always been powerfully felt. In general, it may be likened to the cur- rent of some majestick river, moving calmly onward to the ocean, and gathering in its bosom the starlight and quiet sunshine. But, in the moments of strong excitement, when 24* 282 BIOGRAPHY OF mind wrestles with mind for the mastery, it assumes a bolder and more startling character. It is the sudden rush of the cataract the "jet from the Geyser when the spring is in full play." It has no false glitter no ostentation no fanciful and unprofitable display of imagery. When- ever it leaves the deep, bold track of logical accuracy, and rises to the lighter elements of the imagination, it is feeling alone which bears it upward the poetry of passion. His voice is deep, full-toned, and commanding. It has the almost magical power of controlling the feelings of those who listen to its varying cadences and exquisite modu- lations. The hearts of his auditors are moved in harmony with its melting pathos or its stirring energy, as the ani- mate and inanimate things of nature moved to the harp of Orpheus. His action in speaking is uniformly appropriate and graceful. His every gesture has its manifest meaning; and every change of his countenance its corresponding effect upon the audience. The character of Mr. Clay's mind is not easily analyzed, His powers are so numerous so varied and yet so harmo- nious so rich arid loft}'-, and yet so readily called forth, that their comparison with those of the statesmen and orators of the present day could only present them in the light of contrast. It is not alone in the eloquent period, or in the stately flow of a diction rich with the jewelry of thought, that Mr. Clay's mental superiority is discovered. The bold and vehement leader of debate, when engaged in the councils of the nation, or in the difficult intricacies of foreign negotiation, has uniformly manifested all the wisdom, foresight, and accuracy, which characterize the perfect and accomplished statesman. Unlike Anteus of old, his intellect is not limited to one sphere of action. It can wrestle upon earth, or soar upward to the eagle's home of storms. HENRY CLAY. 283 Much as Mr. Clay undoubtedly owes to the endowments of natural genius, he may be said to have built up his own reputation. Slowly, and with almost unparalleled exer- tion, he has reared the temple of his greatness. Genius, whatever it may have been called, or whatever it may be, is useful and glorious only in those who, like Mr. Clay, have been able to tame down its waywardness, and direct its energies upon noble objects. There may be, at times, a phenomenon of mind, which bursts forth at once in the full possession of power, like Pallas from the brow of the infidel deity. It may flash out like a comet in the starry heaven of intellect, dazzling and flaming for a moment, but it will leave no traces of its path no gems of light and knowledge in the horizon over which it has hurried. In private life, Mr. Clay has all the characteristicks of the gentleman. No man, perhaps, is better calculated to secure respect and warm personal friendship. The diffi- culties which interfered with his early career, and through which he has forced his way, even as the strong fountain springs upward from the bosom of the earth to the free air and sunshine, together with his grateful remembrance of individual kindness, have left a deep and abiding impres- sion upon his character, and given it a strong bias towards benevolence. Liberal to a fault, his door and his purse are alike open to the friendless stranger and the unfortu- nate neighbour. Frank, open, and above the meanness of deception himself, and, consequently, never searching for duplicity and treachery in those around him, he has more than once suffered from the vile ingratitude of men, who have been cherished by his bounty, and' upheld by his in- fluence. The curse of aristocracy has never chilled the warm flow of his natural feelings. His heart is as warm his hand is as free, and his smile as familiar, as they were thirty years ago, when, without friends and without in- 284 BIOGRAPHY OF EENRY CLAY, fluence, he first responded to the hearty welcome of the Kentuckian. His feelings have not changed with his fortunes. He has nothing of that haughty and over-bearing- spirit, which would check in its outset the ambition of others, and gesture back the youthful aspirant with the frown of hate, or the sneer of derision. To the labouring classes of the community he has ever been a fast and effi- cient friend. In publick he has advocated their cause, with an effect which has been felt in every workshop through- out the land ; and in private he has always been gratified to clasp in cordial fellowship the hands of those who are our support in peace, and our defence in war. That he, has manifested an undue ardour of tempera- ment in many instances, and that his confidence has been often injudiciously bestowed, we have no disposition to deny. These are the errours of a noble nature, and their evil consequences have been felt by himself alone. They have never mingled with the duties of his publick life, nor dimmed for a moment the glory of his reputation as a statesman and patriot. For the attainment of his present attitude before the American people, Mr. Clay has resorted to no secret man- agement no low party intrigue. He has circulated none of that poison, visible only in its baleful effects, which modern demagogues have been pouring into the veins of the body politick. Manly and sincere of heart, he has never turned from the strong light of investigation. His every act his every sentiment has been laid open to publick scrutiny. And we are free to say, that the closer that scrutiny shall be made, the more glorious will his services appear, and darker and deeper will be the con- demnation of his enemies. APPENDIX. NOTE 1. Letter from Mr. Clay to Mr. Russell LEXINGTON, 9th July, 1822. " My dear Sir Your letter of the 6th ultimo arrived whilst I was absent from home, at one of the watering places, and hence the delay of my answer. I had read the communication of the president to congress of your letters, and Mr. Adams' remarks ; and I must frankly say to you, that the variations between your two letters has given, in the publick judgement, a great advantage to Mr. Adams, at least for the moment ; and that, unless satisfac- torily explained, it will do you a lasting prejudice. I saw it with very deep regret, and shall anxiously look for an explanation. " On many of the circumstances stated in your letter, my memory accords with yours on one or two only it does not. I recollect distinctly that the paragraph offered by me, and inserted in your despatch to the British com- missioners, of the 10th November, terminated, at that time, the discussions respecting the navigation of the Missis- sippi, and the privilege concerning the fisheries within the British jurisdiction. It was prior to the adoption of that paragraph that it had been proposed, I think, by Mr. Gal- latin, to grant the one for the other, that the discussion, which was long, earnest, animated, often renewed, had taken place ; that a majority, consisting of Messrs. Gal- latin, Adams, and Bayard, appeared to be in favour of it; and that I had declared that I would sign no treaty in 286 APPENDIX. which such a stipulation should be included. After this declaration, Mr. Bayard came over to us, and made us the majority. It was then necessary that we should, as we were about to send in to the British commissioners the pro- ject of a treaty of peace, give some written answer to their notification of the 8th of August, concerning the fisheries. We were forbidden, by our instructions, to suffer our right to the fisheries to be brought into discussion. The majo- rity had now determined not to offer for the renewal of our right, the navigation of the Mississippi. We had, in short, no equivalent to offer. We had, therefore, no other ground to take, than that which the above paragraph ensures. Whether solid or not, it was the best we could occupy, and had the advantage of being in conformity to our instruc- tions. " After the British commissioners returned our project, with an alteration proposing the renewal to them of the right to navigate the Mississippi, I think the same question, though in a form somewhat different, came up in our com- mission. We received their note, with their proposed altera- tions and suggestions, on the 27th of November. We had a conference with them on the first of December. I think it must have been between those two days that the ques- tion was again considered. You and I, (such, at least, is my recollection,) proposed to strike out that part of the British alteration of the 8th article, which had, for its ob- ject, the renewal of their right to navigate the Mississippi ; but the same majority that was at first in favour of making the offer of the navigation of that river, was now willing to accept the British proposal, upon the condition of their renewing to us the fishing liberty within their jurisdiction. The article proposed at the conference, on the first of De- cember, expressed the sense of the majority. My determi- nation, on this subject, had been deliberately formed, and APPENDIX. 287 communicated frankly to my colleagues. I did not pro- bably repeat the communication of rny resolution, because it would have worn the appearance of menace. 1 have some recollection of Mr. Bayard, on our return from the conference of the first of December, having expressed his dissatisfaction with something which Mr. G. * * * said or did at the conference ; but what it was I do not re- collect. I cannot think it possible that we should have gone into that conference without being prepared to say something to the British commissioners on the subject of the navigation of the Mississippi ; and my recollection is very strong that the above majority was in favour of ac- cepting their proposal, with the condition that I have men- tioned. I regret that I cannot put my hands upon your letter from Stockholm, mentioned in your last. " Nothing can be more unfounded than Mr. Adams' in- ference, (if he intended to draw an inference,) of our as- sent to the doctrine of the imperishable character, in all respects, of the treaty of 1783, and to the proposal in re- gard to the navigation of the Mississippi, from the fact of our signature to the communication respecting those sub- jects, to the British commissioners, and that of our being present at the conference of the 1st of December. " 1. As to the durable character of the treaty, I think all of us, (except Mr. Adams,) concurrent in believing that the provisions respecting the fishing grants, within the Bri- tish exclusive jurisdiction, arid the navigation of the Mis- sissippi, expired on the breaking out of the war. Why- he calls it the American doctrine, I do not know. If it be true, it is the doctrine of the publick law. If he means to say that it is American because we were most interested in maintaining it, he is mistaken. If the superiority of interest should determine the national character of the doctrine, it ought to be called British. Then why did we 288 APPENDIX. take the ground which we did, in our note of the 10th of November ? For the reason already assigned. It was the best we could occupy. It was plausible, and might serve, as probably it subsequently did serve, to enable us to make some satisfactory arrangement with Great Britain in regard to the fisheries. We were bound to say some- thing, or acknowledge, by our silence, the principle as- serted by the British commissioners, on the 8th of August By taking the ground which we did, if it were not abso- lutely tenable, we were better off than to have stood mute. " 2. As to the navigation of the Mississippi, that the offer of it was the work of a majority, in which we did not parti- cipate, cannot be denied. What puts this matter conclusively at rest is, the despatch signed by all the American com- missioners to the secretary of state, under date of the 25th of December, accompanying the treaty, in which it is stated : ' To place both points [i. e. the navigation and the fisheries] beyond all future controversy, a majority of us determined to offer to admit an article confirming both rights.' You will no doubt recollect, that I suggested, when we went to sign that despatch, the insertion of the words ' a ma- jority;' and my purpose for doing it was not mistaken. Why did we sign the communication to the British com- missioners of the 14th December; and why were we pre- sent at the conference of the first, without objecting to that article ? If we had failed to subscribe that communica- tion, or if we had objected-to the article at the conference, it would have, in effect, notified to the British commission- ers a serious division amongst us, than which, nothing could have been more unfortunate. Our signatures nor our presence no more proved our assent to the article, than the signature of an arbitrator to an award proves his as- eent to it when it was carried by the majority against his opinion, or an assent by a member of an aggregate body APPENDIX. 289 to all the transactions of that body which happened during his presence ; all that it was material to the British com- missioners to prove was, that the offer was the act of the American commissioners, which it would equally have been, whether carried unanimously, by a majority of four, or a majority of three. How it was carried, (that is, by what majority,) it was unnecessary for them to know, but might to us have been highly injurious. But it was ma- terial that our own government, to which we were re- sponsible, should know how we did act ; and according- ly, when we came to address it, we informed it that it was the affair of the majority, &c. " It was the less necessary for us to disclose the fatal se- cret of our divisions to the enemy, because the proposition might be rejected, might be modified during the negotiation, so as ultimately to be acceptable, or less objectionable to us, or finally might be withdrawn. It was withdrawn ; and, thereby, that was ultimately done, which we at first proposed, and a clear demonstration was given of the in- discretion which would have characterized a gratuitous dis- closure of the divisions among the American commissioners. " When I spoke to you at Washington, of our instruc- tions being opposed to the article in question, I alluded more particularly to that part of them which related to the fisheries, our right to which we were forbidden to dis- cuss, &c. " The authority to treat on the basis of the status ante bellum, which we did not receive until two or three weeks after the discussion in our board, which, as before mention- ed, was closed by the paragraph in our despatch of the 10th of November, did not authorize us to propose the ar- ticle which we did, concerning the navigation of the Mis- sissippi, if, as I think, that article in effect would have amounted to a grant of the navigation, in the whole extent 25 290 APPENDIX. of the river, from the source to the Balize. For what was the status ante bellum of that subject ? The subjects of Great Britain had no right, either by the treaty of 1783 or by that of 1794, to navigate that river within the Spanish jurisdiction ; and the sovereign rights of Spain over that river, were not vested in us until the conclusion of the treaty of Louisiana in 1803. It has been said, that during thirty years no use was made by British subjects of that river. During a great part of the same thirty years, (until the year 1795,) no use, for purposes of commerce, was made of it by the citizens of the United States; and for the same reason in both instances, that is, that Spain held both sides of it, from the mouth to the 31st degree of north latitude, and the west side up to its source. " Nothing would be more painful to me than to be drawn, even remotely, into the unhappy controversy between Mr. Adams and yourself a. controversy in which the party the most successful, will be the loser in the publick esti- mation. I certainly thought that the publick ought to have been put in possession of the whole of the official transactions of the mission of Ghent, not knowing myself of any sufficient reason for withholding any part of them. But I do not think that any private letters ought to have been communicated by the president. Far from stimula- ting, as I think he did, perhaps unintentionally, a call up- on him for your letter along with Mr. Adams's remarks, he ought, in my opinion, to have refused such a call, how- ever unequivocally made. Your letter, which I believe you showed me at Paris, I supposed was written to ex- plain the grounds on which you had proceeded, and to be used defensively, upon the possible contingency of a mis- representation or misconception of your course. No such contingency had occurred. " What would aggravate the pain which I should feel, APPENDIX. 291 even at the necessity of my testifying to any of the trans- actions at Ghent, in a controversy between two of my col- leagues, is a consideration of the relation in regard to the subject, in which I stood to Mr. Adams ; the relation in which I now stand to him, and in which we both appear to the publick, and the friendly relation which I have ever borne to you. I should hope that a necessity may not arise for me to appear in any form before the publick. Would it not be most advisable for you to state what real- ly occurred, without appealing to any person to confirm your statement ? Would not such an appeal be a depar- ture from self-respect and self-dignity, as implying a con- sciousness that it was necessary ? Already, I understand, it has been said, at the metropolis of a great state, that 1 have prompted the call for your letter, than which nothing can be more incorrect. I mention the incident, not that I care for it, but to show you the distrustful state of the pub- lick mind. " This letter is not written for the publick eye, but for your own. I am most anxious to see the publication, which you intimate was shortly to appear after the date of your letter. So far as the subject and the argument are concerned, you cannot fail to achieve a signal triumph over your antagonist. And I repeat, in conclusion, the hope that, so far as there is any thing personal, you will be able fully to vindicate yourself in respect to the variance between your two letters. " Be pleased to present my best respects to Mrs. Russell; and believe me sincerely and cordially yours, (Signed) "H. CLAY." " The Honourable Mr. RUSSELL." "P. S. In the session of congress of 1815 16, in a debate on the state of the union, I addressed the house of representatives, in vindication of the war, the terms of 292 APPENDIX. peace, &c. In the course of my speech, I stated that a majority of the American commissioners had made the offer of the navigation of the Mississippi for the fishing liberties. My speech was published in the Intelligencer, and other prints of the day. " H. C." NOTE 2. When the vote in favour of acknowledging the inde- pendence of Spanish America had been passed, Mr. Clay made a motion in the house of representatives, that a com- mittee should be appointed to give Mr. Monroe informa- tion of what had been done. The motion prevailed, and Mr. C. was made chairman of the committee. By a por- tion of the administration party, this appointment, at the time, was considered disrespectful to the president. On the subject of South American independence, Mr. Monroe and Mr. Clay had, for years, been opposing each other the one using the influence of office, and the other exert- ing the power of eloquence ; and it was deemed improper that the latter, after gaining the victory, should be the person selected to announce the issue to his vanquished antagonist. Mr. Nelson, of Virginia, was particularly exasperated. He walked from the capitol to the presi- dent's house, raving like a maniac, and muttering, that Mr. Clay, not content with having thwarted the policy of Mr. Monroe, had gone to beard him in his own home. Mr. C., however, instead of wounding Mr. M.'s feelings unnecessarily, communicated this message with all the peculiar and flattering delicacy which uniformly marked his personal deportment. It is, perhaps, unnecessary to add, in this place, that APPENDIX. 293 Mr. Clay's popularity in South America has been, and still continues to be, unbounded. During the Spanish struggle, his speeches were read repeatedly at the head of the patriot army ; and, as often as they were heard, the flame of valour burst out anew. Both by officers and sol- diers he was looked to as a patron saint ; and many were the letters that he received, expressive of the blessings which were daily breathed to his name. NOTE 4. A little incident grew out of Mr. Clays exertions upon the tariff, which, at the time, afforded great amusement in Washington, and throughout Virginia generally. On the appearance of his great speech, Mr. William B. Giles, since governor of Virginia, published a series of articles, entitled, " The Golden Casket ;" wherein the champion of American industry was made the subject of the most intemperate, though impotent vituperations. Mr. C. na- turally read the articles, but knowing the infirmities of the author, he could not think of resenting the language of insult wherewith they were made up. Feeling, how- ever, in rather a light mood, and having nothing to en- gage his particular attention at the moment, he deter- mined to pass off a jest upon his calumniator. With this view, he took up his pen, and addressed a long letter to Mr. Giles, complimenting him upon the vigour of his in- tellect, and praising him especially for all those qualities which he was notorious for not possessing. After finish- ing it, he handed it to Mr. Archer of Virginia, and seve- ral other personal friends, all of whom laughed immode- rately over the contents, and insisted on its being sent to Mr. Giles. Accordingly it was sent. The old gentle- 294 APPENDIX. man, as had been foreseen, read it with extraordinary sa^ tisfaction and self-complacency. The praise which it con- tained was exactly that for which he had most thirsted the praise of his weakest traits of character. He read it again and again, and at each successive reading his heart softened toward the author, till at length he remarked, that, if he had received it prior to the publication of his " Golden Casket," he should have spoken of Mr. Clay in that work very differently. He next commenced reading the letter to his friends, to show them in what estimation he was held by the American orator and statesman ; but, unluckily, almost the first person who heard it, had the sagacity to discover its true import, and immediately gave circulation to the story of the jest. Every body was now anxious to see the letter, and some diversity of opinion arose as to its character. A few of Mr. Giles 1 adherents contended that it had been written in good faith ; but a majority of the community united in the opinion that Mr. G. had been most laughably and deservedly hoaxed. The dispute was carried so far, that the two parties became quite violent the one in anger, and the other in merri- ment. At length Mr. Archer, who lived in the same dis- trict with Mr. Giles, returned from congress, and ex- plained the whole matter, and the merriment now became universal. This was more than Mr. G. could bear. Con- sequently, at the opening of the next session of congress, he sent his son, a lad about sixteen years of age, to de- mand an explanation from Mr. Clay. Mr. C. received the boy very kindly ; and the latter, producing the famous letter, told Mr. Clay, with some trepidation, that he was authorized by his father to demand, whether he were the author of that communication, and, if so, what were his motives in making it. Mr. C. heard the boy's message, and then remarked to him civilly, " Tell your father APPENDIX. 295 that I shall make no explanation to him through his own son. If he will employ a proper messenger, I will render him another answer." The lad withdrew, and Mr. Clay heard nothing from Mr. Giles afterwards. NOTE 5. Mr. Clay's appeal to the house, though never accu- rately reported, was substantially as follows : " Gentlemen of the House, of Representatives : A note appeared this morning in the National Intelligencer, un- der the name, and with the authority, I presume, of a member of this house, wherein he adopts, as his own, a previous letter, published in another print, containing se- rious and injurious imputations against me, which he avows his readiness to substantiate by proof. These char- ges implicate my conduct in regard to the pending presi- dential election; and the respectability of the station which the member holds, who thus openly prefers them, and that of the people whom he represents, entitle them to your attention. It might, indeed, be worthy of your consideration, whether the character and dignity of the house itself does not require a full investigation of them, and an impartial decision on their truth. For if they are true if I am base enough to betray the solemn trust which the constitution has confided to me if, yielding to personal views and considerations, I am capable of com- promitting the highest interests of my country, the house cannot but be scandalized by my continuing to occupy the chair, with which I have been so long honoured in presiding at its deliberations, and I merit instantaneous expulsion. Without, however, presuming to indicate what the house may conceive it ought to do on account 296 APPENDIX. of its own purity and honour, I hope I shall be allowed 1 respectfully to solicit, in behalf of myself, an inquiry into the charges to which I refer. Standing, in relation to' the house, as both the member from Pennsylvania and myself do, it appears to me that here is the proper place to institute the inquiry, in order, that if guilty, here the proper punishment may be applied; and, if innocent, that here my character and conduct may be vindicated. I anxiously hope, therefore, that the house will direct an in- vestigation to be made into the truth of the charges. Emanating from the source they do, this is the only no- tice which I can take of them. If the house shall think proper to raise a committee, I trust that some other than the ordinary mode pursued by the house, will be adopted to appoint the committee." The committee's report is here subjoined. " The select committee, to which was referred the com- munication of the speaker, of the third instant, report " That, upon thejr first meeting, with a view to execute the duty imposed upon them by the house, they directed their chairman to direct a letter to the Hon. George Kre- mer, informing him that they would be ready, at a parti- cular time therein stated, to receive any evidence or ex- planation he might have to offer, touching the charges referred to in the communication of the speaker, of the 3d instant. Their chairman, in conformity with this in- struction, did address such a letter to Mr. Kremer, who replied, that he would make a communication to the com- mittee ; accordingly, he did send to them, through their chairman, a communication, which accompanies this re- port, in which he declines to appear before them for either of the purposes mentioned in their letter ; alleging, that he could not do so without appearing either as an accuser or a witness, both of which he protests against. In this APPENDIX. 297 posture of the case, the committee can take no further steps. They are aware that it is competent to the house to invest them with power to send for persons and papers, and, bj that means, to enable them to make any investi- gation which might be thought necessary ; and, if they knew any reason for such investigation, they would have asked to be clothed with the proper power: but, not having themselves any such knowledge, they have felt it to be their duty only to lay before the house the communica- tion which they have received." NOTE 6. It is worthy of being remarked, that Mr. Clay's con- stituents gave repeated manifestations of their approval of his vote; and finally, in 1828, after a protracted and bitter canvass between Mr. Adams and General Jackson, by a large majority, voted for Mr. Adams, as he had done in February, 1825. NOTE 7. A letter, which Mr. Clay addressed to his friend, Judge Brooke, about that time, may serve as an index to his feelings. We subjoin it. WASHINGTON, 28th Jan, 1825. My Dear Sir My position, in relation to the presi- dential contest, is highly critical, and such as to leave ma no path on which I can move without censure. I have pursued, in regard to it, the rule which I always observe in the discharge of my publick duty. I have interrogated my conscience as to what I ought to do, and that faithful 298 APPENDIX. guide tells me that I ought to vote for Mr. Adams. I shall fulfil its injunctions. Mr. Crawford's state of health, and the circumstances under which he presents himself to the house, appear to me to be conclusive against him. As a friend to liberty and to the permanence of our insti- tutions, I cannot consent, in this early stage of their ex- istence, by contributing to the election of a military chief- tain, to give the strongest guarantee that this republick will march in the fatal road which has conducted every other republick to ruin. I owe to your friendship this frank ex- position of my intentions. I am, and shall continue to be, assailed by all the abuse, which partizan zeal, malig- nity, and rivalry, can invent. I shall view, without emo- tion, these effusions of malice, and remain unshaken in my purpose. What is a publick man worth, if he will not expose himself, on fit occasions, for the good of his coun. try? As to the result of the election, I cannot speak with absolute certainty ; but there is every reason to believe that we shall avoid the dangerous precedent to which I allude. The Hon. F. BROOKE. H. CLAY. NOTE 8. The paper here alluded to by Mr. Adams, is so beauti- ful, so eloquent, and so just, that it deserves to be held in remembrance. The gentlemen to whom it was written, had expressed, on his retirement from office, their confi- dence in his purity and his patriotism, and a hope that the evening of his days would be passed in that tranquillity which is only the lot of the good. He replied as follows ':' " Fellow-citizens I have received your very kind let- APPENDIX. 299 ter of the 4th instant, written in behalf of the citizens, whose committee you are, and tender to you and to them my grateful thanks, for the sentiments you have been pleased to express, with regard to myself, and to the citi- zens associated with me in the late administration of the general government. The letters to Mr. Clay and Mr. Southard, enclosed in yours to me, have been delivered to them. In a free republick, the first wish of every man invested with a publick trust, should be, by his faithful discharge of his duty to his constituents, to deserve, and the second to obtain, their approbation. For the first, depending, as it does, upon his own will, he is responsible to God and his country. For the second, depending, as it does, upon the will of others, he can be no further responsible than by the performance of his duties. As the re-election of a president of the United States, after one term of service, is the only manifestation of publick opinion by which the approbation of his fellow-citizens, upon his services can be ascertained, it is an object of laudable ambition, and of blameless desire. If it cannot be obtained by public ser- vice alone, the duty of the servant, who has failed to ob- tain the approbation of his masters, is cheerfully to ac- quiesce in that expression of their will by which it is de- nied, and calmly to await that final judgement upon his publick labours and aspirations, which speaks in the im- partial voice of after ages. " In the recent expressions of the will of the people of the Union, with regard to the general administration, it has been consolatory to me to observe the large and re spectable portion of them, who, though not composing a majority of the whole, yet comprised upwards of half a million of suffrages, and proclaimed by those suffrages, their approbation of my humble but faithful efforts to serve 300 APPENDIX. my country. It has been peculiarly grateful to me to per- ceive, that the support of those who had extended to me their confidence in advance, has, in very few instances, been withdrawn; while that of whole states, which had judged less favourably before, has been generously yielded to me now. Of these, New- Jersey herself is one ; and permit me to avail myself of this occasion, to extend to the whole of her pure, unsophisticated, truly republican, and intelligent population, my heartfelt thanks for that support. Let me add, that in one of her native sons I have found, as an assistant in the arduous duties of my station, a man with a heart as pure as it is given to hu- man nature to possess with a mind capable of those con- ceptions which lead nations to the paths of glory with a promptitude and energy of action which disappointment cannot discourage, nor the infirmities of disease depress : the navy of this nation will remember him long. Nor is it, I trust, within the compass of political vicissitude, to withhold him long from participation in the highest coun- cils of our country. I need not say it is one of those (Mr. Southard) to whom your enclosed letters were addressed. " The other is equally worthy of the honour in which you have associated him with me by your letter. Upon him the foulest slanders have been showered. Long known and appreciated, as successively a member of both houses of your national legislature, as the unrivalled speaker, and, at the same time, most efficient leader of debates in one of them; as an able and successful negotiator for your in- terests in war and in peace, with foreign powers, and as a powerful candidate for the highest of your trusts. The department of state itself was a station, which, by its be- stowal, could confer neither profit nor honour upon him, but upon which he has shed unfading honour, by the man- ner in which he has discharged its duties. Prejudice and APPENDIX. 3UI passion have charged him with obtaining that office by bargain and corruption. Before you, my fellow-citizens, in the presence of our country and of heaven, I pronounce that charge totally unfounded. This tribute of justice is due from me to him, and I seize, with pleasure, the oppor- tunity afforded me by your letter, of discharging the obli- gation. " As to my motives for tendering to him the department of state when I did, let that man who questions them come forward. Let him look around among statesmen and legislators of this nation and of that day. Let him then select and name the man whom, by his pre-eminent talents, by his splendid services, by his ardent patriotism, by his all-embracing public spirit, by his fervid eloquence in behalf of the rights and liberties of mankind, by his long experience in the affairs of the Union, foreign and domestic; a president of the United States, intent only upon the honour and welfare of his country, ought to have preferred to HENRY CLAY. Let him name the man, and then judge you, my fellow-citizens, of my motives. Nor can I pass over this opportunity, without offering a congenial tribute of justice and of gratitude to those other eminent and virtuous citizens, who have been united with me in the performance of my painful, but I will not say, thankless labours. I took not one of them from the cir- cle, though I leave every one of them among the dearest of my personal friends. Amidst all the difficulties, dis- couragements, and troubles, which have attended my ad- ministration, it has been a never-failing source of consola- tion to me, that its internal harmony has been more per- fect than that of any other administration which this * country has ever witnessed. " Of the qualifications of the secretary of the treasury, (Mr. Rush,) let his. annual reports upon the finances, com- 26 302 APPENDIX. pared with those of all his predecessors-~let the payment of thirty-three millions of the public debt, during the four years of his agency let his indefatigable industry and assiduity, in the discharge of all the duties of an office, burthened with them almost beyond the ability of human endurance let the urbanity of his manners, and the cour- tesy of his deportment, to the innumerable claimants upon the treasury, who have approached him in the successive years, through which, but for the intervention of disease, he has been absent from his office not a single day : let these be the decisive tests. Descended from parents, of whose character, both public and private, Pennsylvania and New-Jersey have equal reason to be proud, well has he sustained, and does sustain, the honour of his name. His services and his friendship to me have been inestima- ble ; and, in parting with him, I confidently trust that hia future services will not be lost to the sagacity of his native state, or of the Union. In the department of war alone did a change take place of the person at its head, during the progress of my administration. It was, at first, conferred upon a citizen of Virginia, (Mr. Bavbour,) long possessed of the highest confidence of that great and honourable commonwealth ; her governor in the days of danger and of invasion du- ring the late war ; her senator at the time I invited him to preside over that department. He had been a warm supporter of one of my competitors at the election ; but his opposition to me had been that of a liberal and ho- nourable mind. His fulfilment of the duties of the de- partment fully justified the confidence I had reposed in him ; and he recently left it only for the most important of our missions abroad, in which he is now ably and faith- fully maintaining the honour and interests of our country. His successor, (Gen. Porter,) was a citizen of New- APPENDIX. 303 York, also highly distinguished by the honours of his na- tive state and of the Union ; one of the members of that congress which vindicated the traduced honour and spirit of the nation, by the declaration of war in 1812 ; one of the warriors, whose gallant achievements during the war have been recorded in the solemn legislative thanks of his country ; since intrusted with an arduous commission for the settlement of her boundaries ; and, when invited by me to a share in the councils of the Union, a member of the legislature of New- York. His services in the depart- ment of war have been also satisfactory and effective; and he leaves to his successor an official reputation, which it will be praise enough to him to maintain unimpaired. The attorney-general, (Mr. Wirt,) was also an adopted citizen of Virginia, not less distinguished by the classical elegance of his taste in literature, than by his profound learning in the law, and his commanding eloquence at the bar. The biographer of Patrick Henry the painter of manners and instructer of morals at an early period of life appointed and commissioned by my predecessor, I deemed myself, and the country, fortunate by his continu- ance in the same capacity during my term of service. Educated and inclining to a rigorous construction of the extent of constitutional power, his professional advice has been the more readily confided in by me, as its tendencies always were rather to the limitation, than to the enlarge- ment of its exercise ; for, in the whole course of my ad- ministration, I have deemed it safer to abstain from the use of any questionable authority, than to hazard the en- croachment of power, by assuming, unnecessarily, the de- cision of disputed points. Such, fellow-citizens, have been the associates of my official duties, in the conduct of my administration. Un- able to bestow upon them any other reward for their faith- 304 , APPENDIX. ful and zealous service to their country, than this testimo- nial of my gratitude and esteem, it is with a pleasure not inferior to that which I receive from your friendly estimate of my own endeavours, that I shall cherish the assurance of your approbation extended to them. With regard to those apprehensions of future evil which your solicitude for the welfare of our country has inspired, in looking forward to the administration of my successor, it becomes me, perhaps, only to say, that I hope they may prove unfounded. To a president of the United States, the favour of the people is an instrument of beneficent power, more potent than an imperial sceptre. But it is in the fortunes of nations, and especially in the improvement of their condition, that the history of their benefactors must be traced. It is in the ages of posterity this history must be read. If, in the reform of abuses, which have es- caped the vigilance of my observation, the president of the United States shall introduce none of deeper conse- quence and more alarming magnitude, I shall myself be ready to mingle in the voice of gratulation, at the deeper penetration, or more efficient energy, which shall discern the latent defect, and apply the corrective remedy. Should the promise of reform itself be wasted upon trifles, imdis- cernible to the eye of posterity, or be spent upon the pal- pitations of heart between the incumbent and the expect- ant of official emoluments, the nation will enjoy little be- nefit, and suffer little injury by the change. That is not a plant, the root of which will strike to the centre, and the stem of which will ascend with fragrance to the skies. With you, my countrymen, I am disposed to hope' and pray for the best ; to extend to the administration every rea- sonable indulgence which they may need; and to give them credit for every good deed they may perform for the promotion of the general welfare. APPENDIX. 305 "Accept, gentlemen, for yourselves, and those whom you represent, the respectful salutations of your friend and fellow-citizen, JOHN QUINCY ADAMS." WASHINGTON, llth March, 1829. NOTE 9. The incident to which Mr. Adams here alludes, we sup- pose to be Mr. Clay's duel with John Randolph. Mr. A. is right in his supposition, that Mr. C. regrets this incident he certainly does regret it. No man is less a duellist in principle than himself. Five years ago, he remarked, in an address to his fellow-citizens " I owe it to the com- munity to say, that, whatever heretofore I may have done, or, by inevitable circumstances, may be forced to do, no man in it holds in deeper abhorrence than I do, the perni- cious practice of duelling. Condemned, as it must be, by the judgment and philosophy, to say nothing of the reli- gion, of every thinking man, it is an affair of feeling, about which we cannot, although we should, reason. The true corrective will be found, when all shall unite, as all ought to unite, in its unqualified proscription." We have strong doubts whether any possible combina tion of circumstances can justify a duel; but certainly those in which Mr. Clay was placed, approximated as near to a perfect justification, as circumstances ever did or ever can. There is much truth in the following paragraph, which we extract from a letter recently sent us by a gen- tleman, who has stood far higher than Mr. Randolph in office, as well as in public estimation. " It is pretty well known to the nation at large, on the 26* 306 APPENDIX. political boards of which Mr. Randolph has so long been an actor of all-work, that whatever other qualifications he may possess, malignant passions abound in him, and that his tongue is little scrupulous in giving vent to them. They overflowed in epithets of even move than his usual venom and scurrility upon Mr. Clay. I do not mean, by the remark, to justify the latter in the course he took ; for besides other objections to it, it gave to Mr. Randolph a certain political consequence which he could not have reached without it. But the remark may suggest some excuse, as showing the event to have sprung from the frailties of an honourable mind, roused, at last, by attacks, that had become rather personal than political." Mr. Randolph having resolved; near the time of the ad- justment of the Missouri question, to have an affair of ho- nour with Mr. Clay, kept his resolution ever afterwards steadily in view. The motives by which he was actuated it is difficult to conjecture. That he hated Mr. Clay for having triumphed over him so often and so signally, ad- mits of no doubt. Perhaps he reflected, that if he suc- ceeded in killing Mr. Clay, his long-cherished malice \vould be gratified ; and that, if he himself fell by Mr. C.'s hand, he should be consecrated in the minds of the multitude, like a tree in ancient times, when struck by lightning. Mr. Randolph's seat in the senate, during Mr. Clay's secretaryship, gave him an opportunity to effect his ob- ject. How did he use it ? By assailing Mr. C.'s personal character by calling him a blackleg by stealing, in short, "a leaf from the curse-book of Pandemonium," to abuse and insult him. He knew that Mr. Clay was sur- rounded by his family. He knew that his every word, whether spoken in his sober or inebriated moments, was pregnant with death to the pride and the happiness of the APPENDIX. 307 innocent and the lovely. Although he himself had no family although he was the individual, in reference to whom a distinguished friend of oufs once thanked God in congress, that monsters could not perpetuate their species; still he must have known, from hearsay, that the feel- ings of a wife and a daughter are keenly sensitive. Had Mr. Clay held a seat in the senate, Mr. Randolph, dark as were his designs, and much as he longed for a quarrel, would not have dared to use the language of open outrage. There was ever something in Mr. C.'s eye, before which his spirit quailed and 'blinked like a frightened thing. It is said to be in the order of nature, that even the fierce crest of the wild-cat cowers before the majesty of a god- like face. Mr. Clay, however, was absent ; and every day of his forbearance added bitterness to the insults that were heaped on him. What could he do ? Undoubtedly that religion, whose kingdom is not of this world, required him to endure patiently unto the end. It is a matter of regret that he did not ; but who shall censure him harshly for having, in a moment of uncontrollable exasperation, turned upon his pursuer, and dared him to single combat ! Of the duel itself it is not necessary to say much. Mr. Randolph, in defiance of established usage, went upon the field in a huge morning-gown ; and the seconds, had not Mr. Clay interfered, would have made this singular con- duct the occasion of a quarrel. In due time the parties fired; and, luckily for both of them, or at least for Mr. Clay, Mr. Randolph's life was saved by his gown. The unseemly garment constituted such a vast circumference, that the locality of " the thin and swarthy senator" was, at least, a matter of very vague conjecture. Mr. C. might as well have fired into the outspread top of an oak, in the hope of hitting a bird that he supposed to be snugly perched somewhere among the branches. His ball hit the centre 308 APPENDIX. of the visible object, but Randolph was not there and, of course, the shot did no harm, and no good. After the first discharge, Mr. Randolph, by firing into the air, showed his disinclination to continue the fight, and is now living " to fight another day." INDEX PREFACE. . p age 3. PART FIRST SECTION FIRST. Introductory remarks birth of Mr. Clay placed in a lawyer's office admitted to the bar removes to the west first effort at publick speaking his success practitioner of law his success defence of Mrs. Phelps, success of of two Germans of Mr. Willis triumph over the court uniformly engaged in all capital trials case of the negro slave his success in the man- agement of civil cases. - - - - p. 7. SECTION SECOND. Commencement of the political career of Mr. Clay his~views of slavery unpopularity of his views in Kentucky his-0rjj>osition to the alien and sedition laws eflfectisf_thaLapO- sition chosen to the legislature Mr. Gnuidv Mr. Clsiy's re- marks on motion to remove seat of government Mr. Clay's diffi- culty with Mr. Davicss reconciliation Mr. Clay appears as counsel for Aaron Burr the reason Mr. Clay elected to U. S. Senate speech on bill for constructing bridge over Pot on;ack reply to Mr. Tracy remarks on habeas corpus bill retires from I Senate elected to Kentucky legislature chosen spaker re- marks on British decisions of law difficulty with Mr. Marshall duel views of a contested election chosen U. S. Senator popularity. p. 21. SECTION THIRD. Mr. Clay supports a bill for internal ftnprovemenls speech U. S. claims to part of West Florida speech in favour of opposition to claims by federal party second speech .X;i tional bank, rcchartering of causes of opposition to speech effects of. - p. 48. ECT ^ 310 INDEX. PART SECOND. SECTION FIRST. Mr. Clay elected to Congress chosen speaker * John Randolph, character of our relations with England ses- sion of Congress preparations for war bill to raise an army i speech bill for navy speech success of bill embargo Mr. I duincy, character of Mr. Clay's speech on embargo contro- Ijersy with Mr. Randolph declaration of war. p. 62. SECTION SECOND. Session of Congress report of military committee opposition to the report Mr. Gluincy's attack on republican party Mr. Clay's speech his castigation of Mr. duincy Mr. ~}4( Clay appointed Commissioner to treat for peace resigns the speaker's chair. ... p. 88. ION THIRD. Negotiation for peace Mr. Clay at Ghent his as a negotiator difficulties attending plural commissions reason for not conceding navigation of Mississippi difference of opinion among American Commissioners Mr. Gallatin Mr. Clay Mr. Bayard Mr. Clay refuses to sign treaty the Missis- sippi question issue of dispute between Mr. Adams and Mr. Russel in 1822 cause of the dispute course pursued by Mr. Clay his letter to Mr. Russel misstatement of Mr. Adams in his controversy with Mr. Russel correction by Mr. Clay. p. 102, PART THIRD. SECTION FIRST. Session of Congress 1815-16 Mr. Clay chosen speaker National bank, report of committee on Mr. Clay in favour of bank change of his opinion difference between old and new bank. - - - - p. 117. SECTION SECOND. South American Republicks Mr. Clay's feelings enlisted in their favour his remarks commissioners sent to South America Mr. Clay proposes to send a minister to La Plata his speech his defeat his success in 1820 -his speech effect of recognition general remarks on true merit compliment of Mr. Forsyth letter of Bolivar Mr. Clay's reply. p. 123. SECTION THIRD. Internal improvements -opinions of Jefferson, Madison, and Monroe Mr. Clay's speech jnjktour_of internal improvements his construction of the constitution opposition to allusion to the President motion of Mr. Clay carried speech on internal improvement in 1834 opposition disarmed, p. 146, INDEX. 311 SECTION FOURTH. Semihole war, history of conduct of Gen. Jack- son in supported by President and cabinet massacre of Indians reprobated by Mr. Clay Arbuthnot and Ambrister Gen. Jack- son's conduct towards them Mr. Clay's remarks thereon also on outrages committed on Spanish authorities close of Mr. C.'B speech intercourse between Gen. Jackson and Mr. Clay broken off. P- SECTION FIFTH. American System the part taken in the estab- ti lishment of the -system by Mr. Clay in 1815-16 also in 1819-20 his views of the system opposed by Mr. Webster grounds of Mr. Clay's argument objections to the system objections by Mr. Barbour success of the system. - p. 179. SECTION SIXTH. Proposal to admit Missouri condition proposed difficulties Mr. Clay's views conditions discussed, 1818-19 result unfortunate discussion renewed, 1819-20 speech of Mr. Clay termination of dispute Missouri constitution discussion renewed at session of Congress, 1820-21 Mr. Clay absent- course pursued by him on his arrival appointment of committee of thirteen their report rejected another committee appointed at the suggestion of Mr. Clay their report accepted issue of the question conduct of Mr. Randolph. p. 195. SECTION SEVENTH. Mr. Clay in his retirement from Congress ap- pointed a commissioner to adjust certain land claims attends the sittings of Virginia legislature obtains a hearing before that bodv amusing incident success of Missouri Mr. Clay reappointed to Congress chosen speaker Greek revolution Mr. Webster presents a resolution for recognition of independence of Greece supported by Mr. Clay his speech his labours during the session of Congress. .... p. 216. SECTION EIGHTH. Presidential canvass for 1825 candidates Mr. Clay nominated his loss of the votes of Louisiana candidates returned to the house Mr. Clay caressed his reserve pre- ference for Mr. Adams Letter on his conduct by Mr. Kremer course pursued by Mr. Clay requests an investigation of his conduct course pursued by Mr. Kremer Mr. K. refuses to sub- stantiate the charges of bargain and corruption state of the electoral vote instructions of Kentucky legislature Mr. Craw- ford, the state of his health Mr. Clay compelled to choose be- 312 INDEX. tween Jackson and Adams reasons for not preferring JYn reasons for preferring Adams the day of election in the t \ ' Mr. Clay chosen secretary attacks on Mr. Clay for his \ . General Jackson Mr. Clay's defence result. PART FOURTH. SECTION FIRST. Mr. Adams, as President, calumniated ge: marks labours of the oHice of Secretary of State Mr. ( ters upon the duties of the office discharges them with ability testimonial of Mr. Adams arid of Mr. Rush Mr. Clay's inter- course with foreign ministers number of treaties concluded by him principle involved in them West India trade history of the negotiation for that trade difficulties with England, in rela- tion to the trade prohibition of intercourse with the West India Islands proposal by Messrs. Adams and Clay Mr. C.'s reproof of the. conduct of Mr. Ragnet. . p. '210. SECTION SECOND. Recognition of Independence of Greece Minister sent to that country Letter to our Minister at Russia, instruct- ing him to request the mediation of the Emperor between Spain and the South American States Panama Mission Appoint- ment of Representatives Mr. C.'s instructions to them. p. 25-1. SECTION THIRD. New administi >n general remarks Mr. Adams an unpopular man his patriotism Mr. Clay shared that unpopu- larity for a time Mr. Clay returns to the west his reception Mr. Clay offered a seat in Congress refuses invited to visit his fellow citizens--general remarks Mr. Clay at Lexington his speech hid views of government conclusion of his speech his views of the administration general remarks Mr. Clay \isits New-Orleans speech at Natchez description of visits Colum- i't;s speech at Cincinnati address before Colonization Society