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HENRY CLAY
A
BIOGRAPHY
OF
HENRY CLAY,
THE SENATOR FROM KENTUCKY.
COMPILED AND EDITED
BY
DANIEL MALLORY.
CONTAINING ALSO,
A COMPLETE REPORT OF ALL HIS SPEECHES; SELECTIONS FROM HIS PRIVATE CORRESPONDENCE; EULOGIES IN THE SENATE AND HOUSE; AND A POEM, BY GEORGE D. PRENTICE, ESQ.
COMPLETE IN ONE VOLUME.
Copyright Secured.
A. S. BARNES & COMPANY,
NEW YORK AND CHICAGO.
CONTENTS OF VOLUME I.
[◆] PREFACE.
[◆] Life of Henry Clay.
[◆] Henry Clay, a Poem, by George D. Prentice, Esq.
[◆] Obituary Addresses, delivered in the Senate and House of Representatives.
[◆] Funeral Sermon, by Rev. C. M. Butler, Chaplain of the Senate.
[◆] Speech on Domestic Manufactures.
[◆] Speech on the Line of the Perdido.
[◆] Speech on renewing the Charter of the First Bank of the United States.
[◆] Speech on the Augmentation of Military Force.
[◆] Speech on the Increase of the Navy.
[◆] Speech on the New Army Bill.
[◆] Speech on his Return from Ghent.
[◆] Speech on the United States Bank Question.
[◆] Speech on the Direct Tax, and the State of the Nation after the Close of the War with Great Britain.
[◆] Speech on the Bill for forcing Neutrality.
[◆] Speech on Commercial Restrictions with Foreign Nations.
[◆] Speech on Internal Improvement.
[◆] Speech on the War between Spain and her Colonies.
[◆] Speech on Internal Improvement.
[◆] Speeches on the Emancipation of South America.
[◆] Speech on the Seminole War.
[◆] Speech on South American Affairs.
[◆] Speech on the Spanish Treaty.
[◆] Speech on the Protection of Home Industry.
[◆] Speech on the Mission to South America.
[◆] Speech on the Greek Revolution.
[◆] Speech on American Industry.
[◆] Speech in Reply to John Randolph.
[◆] Address to La Fayette.
[◆] Address to his Constituents on the Presidential Election of 1825.
[◆] Speech on the Election of President by Congress in 1825.
[◆] Speech on African Colonization.
[◆] Speech on the Charge of Corruption.
[◆] Speech on Heedless Enthusiasm for Mere Military Renown.
[◆] Speech on the Political Condition of the United States during J. Q. Adams’ Administration.
[◆] Speech on retiring from Office.
[◆] Speech on the Commencement of Jackson’s Administration.
[◆] Speech on the Effect of the Protective System on the Southern States.
[◆] Speech on Nullification, &c.
[◆] Speech on the Reduction of Duties on Imports.
[◆] Speech on the Nomination of Mr. Van Buren, as Minister to Great Britain.
[◆] Volume II.
PREFACE.
IN writing the Biography of HENRY CLAY, we are conscious of entering a field several times explored, by individuals of great ability, who have spread before a delighted public the rich rewards of their researches. But its great amplitude—the loftiness of its hills—the breadth of its valleys—and the vastness of its enclosures, induce the belief, that the office of another explorer would not be altogether that of a gleaner; on the contrary, that the proper performance of its duties would result in the discovery of new beauties, and in the acquisition of new treasure. Under the influence of this belief, the resolution was taken and preliminaries settled of our undertaking, and ourself brought to its borders, indulging in visions of anticipated pleasure, not unlike those which an enthusiastic botanist experiences, who, with feranthos across his shoulders, and analyzing apparatus in his satchel, is about to enter the fair field of nature, to cull and examine the loveliest specimens of her skill. Personal gratification, however, was not the only nor chief motive prompting us to the undertaking. We desired to procure a larger and better collection than had ever been made of the mental gems of him who had moved in patriotic majesty over it, and adorned its enclosures of intellectual verdure with the brilliants of pure and lofty action; to gather and collocate these, we were strongly urged by the consideration that we should thus contribute, in some degree, to carry into execution that which formed one of the most interesting features of Mr. Clay’s character—a desire to submit his every public act to the closest public scrutiny—a desire which was never introduced to subserve a certain purpose, but which was coeval with his political existence, and which he ever, under all circumstances, unequivocally avowed. A further motive was derived from our own ardent desire to behold a moredeeply-seated and generally-extended conviction of the purity, disinterestedness, and inestimable value of his services, which, in view of our own experience, we firmly believed would be the invariable issue of a careful and candid examination of them. That we sincerely and strongly wished the dissemination and establishment of this conviction we gladly affirm, not because we attach the slightest importance to it, considered as a mere isolated fact, but because we knew it would be productive of great and permanent good in the minds of all where it should find a lodgment.
It is a well-known and prominent truth, that those who are familiar with the beauties and sublimities of the natural world, are distinguished for expansive, liberal, and noble views. An effect parallel to this is distinctly seen in those who are surrounded by the magnificent scenery of the mental and moral world, and whose dwellings are irradiated by their effulgent luminaries. Hence, a sage custom of the ancient Greeks, as related by one of their historians, of causing their youth to be similarly circumstanced—especially those who were being educated with direct reference to the assumption of the duties and responsibilities of public life. In qualifying these appropriately to discharge the former and sustain the latter, their guardians and preceptors deemed it of vital importance to place before them the noblest scenes and subjects. In close connection with the precept ‘know thyself,’ they enjoined that of ‘know the good and great of others.’ To them it was well known, that the contemplation of deeds of mental and moral grandeur was most salutary—that it generated a desire to imitate and surpass them—nay, more; that it limned them upon the walls of the soul, and filled it with the most beautiful intellectual imagery, which would eventually develope itself in action—magnanimous, patriotic, and conservative of the best interests of mankind. To attempt to prove that such deeds thickly adorn the field of Mr. Clay’s history would be superfluous, since the fact is well established in all civilized countries.
So much in relation to the motives for our undertaking. A brief statement of the manner and circumstances of its performance may not be inappropriate.
Our visions of anticipated pleasure, at its commencement, were fully realized during its progress. We had expected to be rewarded by the discovery of intellectual diamonds of the first water, but not in such richprofusion as we found them. In consequence of the frequent struggles between our inclination and inability to gather and bring away all, we fear that many of intrinsic value have been left behind; but we trust and believe, that the most beautiful and important specimens will be found in our collection. Entire originality for it is not claimed, but aid from various sources has been received in its formation. Deeming the facts and events of Mr. Clay’s career public property, we have freely taken and appropriated them, wherever found, without considering it incumbent upon us to designate their locality.
With regard to the Speeches of Mr. Clay, no labor has been spared in seeking for them, and it is believed that few, if any, which have been reported, will be found wanting in our collection. A brief memoir has been prefixed to each, illustrative of the subject and occasion on which it was delivered, and the fate of the question. In this labor we have been materially assisted by Mr. EDWIN WILLIAMS, the former secretary of the American Institute; a gentleman well known for his accuracy and ability in historical and statistical matters.
In giving the result of our investigations, we express our fears that it will be found to contain imperfections, notwithstanding our endeavors to guard against them. It has been exceedingly difficult to speak of Mr. Clay’s eminent acts, without sliding imperceptibly into the path of eulogy. This, perhaps, has led to the error of saying too much sometimes, and too little at others. For defects of this nature, however, the intelligent reader will require no apology. But the deficiency most prominent, and one which we lament most sincerely, is, that of not having done justice to his transcendent talents and abilities as an orator. For this, an excuse must be furnished by our incompetency; the consciousness of which fell upon us, with overwhelming force, as we stood in the presence of his eloquence. We watched its wonderful and spirit-like movements and operations, and turned away from the task of adequate description, as we would have shrank from the fruitless endeavor to take the dimensions of a boundless and unfathomable ocean. Attempts at describing it we have indeed made, but they are abortive—dim shadows of its noble substance, and tenantless abodes of its beauty. Our belief of the utter impossibility to convey an adequate idea of it through the medium of written or verbal statement, hasbeen confirmed by the opinion of those who have often beheld its manifestations. A distinguished senator remarked to us very recently, that Mr. Clay’s eloquence was absolutely intangible to delineation—that the most labored and thrilling description could not embrace it, and that, to be understood, it must be seen and felt. Neither is it contained in those inimitable productions of mind—his speeches. Abundant evidences of its magic influence are found in these. The monuments heaved up by its hand of power, stand thick about its gorgeous pathway, which runs through them all like a golden tissue, but it is not there. Its nature is too closely allied to etheriality to find a fit terrestrial abode.
What has been said of Mr. Clay’s eloquence, is, to a great extent, true of his philanthropy and patriotism. No individual was ever less controlled by sectional feeling. The height of benevolence on which he planted himself was so lofty as to enable him, while legislating for his own country, in particular, to have an eye to, and care for, the interests of all other countries. In what manner and to what extent they have been benefitted, by his exalted and humane services, it is believed an ample and authentic source of information will be found in our compilation of them. In the full assurance that these will endure the ordeal of the closest and most philosophic scrutiny to the end of time, we present them to the public, and cannot avoid giving utterance to the desire that they may be speedily subjected to it, and in the same liberal spirit which distinguished their performance. Should such a result be realized, we shall consider the time employed in gathering and arranging them most profitably occupied.
LIFE OF HENRY CLAY.
BIOGRAPHIC usage might require us to give the pedigree of the distinguished individual who forms the subject of the following memoir. Many considerations, however, combine to induce a departure from this usage. In the first place, we are strongly disposed to question the practical utility of it; and in the second, to doubt our ability, even after the most diligent search, to exhibit what is ordinarily the object of such a search—an illustrious pedigree. Indeed, we regard it as very problematical, whether we should be able to get beyond the pale of republican simplicity. But the most cogent consideration is the belief that our efforts would not be more highly appreciated than were those of the emperor of Austria by Napoleon Bonaparte. The Austrian monarch, desirous of proving his future son-in-law royally descended, was busily engaged in making the searches requisite to establish the fact. Napoleon, becoming acquainted with his intention, immediately visited him, and exclaimed, ‘Stop, stop, sire! I alone am the author of my fortune, and desire it to be so understood: neither royal descent nor royalty has contributed any thing to its achievement, and though I might legitimately claim both, would not mention either.’ We do not know that a similar indifference was felt by Mr. Clay, relative to his lineage, but his plain, unostentatious habits, and firm adherence to republican principles, warrant us in presuming that such was the case. Certain it is, however, that for the elevated position he occupied, he was as little indebted to any adventitious advantages of birth or fortune, as was the mighty conqueror; and with equal propriety might he have said, in view of the means by which he had attained that position, I alone am the architect of my fortune. Without attempting, therefore, to invest his origin with the splendors of a titled ancestry, it may suffice to observe, that family reminiscences render it certain that his immediateprogenitors were distinguished for sterling worth, virtue and integrity. His father, a Baptist clergyman, labored in his official capacity with great acceptance, in a district of country in Hanover county, Virginia, familiarly denominated ‘The Slashes,’ where, on the 12th of April, 1777, his fifth child, Henry, was born. He was not destined to enjoy those instructions and counsels which a father only knows how to impart,—for when he had attained his fifth year, his father died. This event consigned him entirely to the care of his mother—a woman of an uncommonly vigorous mind, richly adorned with feminine graces, and every way competent to superintend his incipient education.
Unfortunately, the embarrassed condition of her husband’s estate at his death, besides greatly augmenting her cares, prevented her from giving Henry that thorough course of study which she designed him to pursue. So far, therefore, from receiving a liberal, he did not receive a good elementary education. The lowly district school of that region, to which his instructions were limited, was deficient in almost every essential respect. But even under these inauspicious circumstances, in early boyhood he manifested a strong desire for knowledge, which in consequence of the pecuniary difficulties before mentioned, could not be gratified. All that the fondest maternal tenderness could do, was to lead him to the rills of learning, whose sweet waters, instead of allaying, rendered that desire more intense, and induced the resolution to seek its gratification at their unadulterated source. This, in after life, by his indomitable energy, he was enabled to execute.
The means of education afforded him, though meagre in the extreme, he did not uninterruptedly enjoy. The straitened circumstances of the family made it necessary for him, in common with his brothers, to devote large portions of time to manual employments. He was no stranger to the use of the plough, the spade, and the hoe, over which literally by the sweat of his brow he earned his daily bread. He gained for himself the title of ‘Mill Boy of the Slashes,’ by his frequent visits to a neighboring grist-mill on the Pamunkey river. These he usually made, seated on a bag of grain thrown across a horse, which he thus rode with a rope bridle, without a saddle.
He appears not to have shrunk from any employment, however humble, when directed to it by his beloved mother. To her his attachment was most ardent, and often has he expressed his deep regret that he was permitted to enjoy her society during so brief a period. In 1792 she was married to Mr. Henry Watkins, and removed to Woodford county, Kentucky, accompanied by all her children, except Henry and his eldest brother. At the age of fourteen we find him in a small drug store, in Richmond, Virginia, kept by Mr. Richard Denny. His stay here was short, and at the commencement of 1792 he entered the office of Mr. Peter Tinsley,clerk of the High Court of Chancery. Here he found employment more congenial to his taste than any to which he had hitherto devoted himself, as well as more ample means for mental culture.
The venerable chancellor Wythe, a gentleman of great personal worth and profound erudition, attracted by his industrious habits and amiable appearance, took him into his especial favor, gave him the benefit of his instructions, and finally made him his amanuensis. By the opportunities for familiar intercourse with this great man, which were now afforded him, the most salutary impressions were received and rapid advances made in the acquisition of knowledge. He sought to become better acquainted with his vernacular language, and in this was aided by his friend, who recommended several works for his perusal, calculated to assist him. Much of his time was employed in copying the lengthy official documents of the chancellor, who, being passionately fond of Greek, interlarded them liberally with passages from his most admired authors. This rendered his task peculiarly onerous, for he was compelled to copy them in the original, and by imitation, as he was ignorant of the language. He acquitted himself, however, to the entire satisfaction of his employer, won his esteem, obtained much valuable, legal, and general information, and laid the foundation of those habits of regularity and methodical application which were subsequently of such great practical advantage to him.
During the year of 1796 he left the office of Mr. Tinsley and went to reside with the attorney general of Virginia, Robert Brooke, Esq. Here his advantages for studying law were better than they had previously been, of which he eagerly availed himself, and with much success. The year 1797 appears to be the only one in which he pursued the study of law uninterrupted, yet it must be certain that during his residence of several years in the capital of Virginia, daily cognizant of legal proceedings, and associating with the most eminent legal gentlemen of the period, he acquired an amount of legal information neither inconsiderable nor unimportant. Near the close of the year he was licensed to practice law, by the judges of the Virginia Court of Appeals. He entered on the duties of his profession at Lexington, Kentucky, under auspices not the most favorable, as appears from his speech of June, 1842, at the same place. In this he says he ‘was without patrons, without friends, and destitute of the means of paying his weekly board. I remember how comfortable I thought I should be, if I could make £100, Virginia money, per annum, and with what delight I received the first fifteen shilling fee. My hopes were more than realized; I immediately rushed into a lucrative practice.’
Though success most unexpected, crowned his first efforts, he did by no means relax his exertions to qualify himself more thoroughlyfor the profession he had chosen. While other young men of his own age, and not more eligibly situated, with regard to means and employment, were spending their evenings in recreations suited to their juvenile dispositions, he was eagerly conning over his own self-directed and unaided lessons of learning. Most assiduously did he devote his every leisure hour in enriching his mind, and in polishing his mental armor. Modest, unassuming, apparently feeble in constitution, languid and listless in his movements, he exhibited little in his deportment indicative of those lofty powers of eloquence and commanding talents, which in latent energy were reposing in his mind. An incident, however, occurred a short time after, at a meeting of a debating society, by which they were brought to light. He had been a member of the society some time, but refrained from taking an active part in its exercises. This was attributed to those traits of character before mentioned. At the meeting referred to, a question had been discussed at considerable length and apparently with much ability, on which the customary vote was about to be taken, when he observed in an under tone to a person seated by him, ‘the subject does not seem to be exhausted.’ The individual addressed, exclaimed, ‘do not put the question yet, Mr. Clay will speak.’ The chairman by a smile and nod of the head signified his willingness to allow the discussion to be continued by him, who thereupon arose under every appearance of trepidation and embarrassment. The first words that fell from his lips were, ‘Gentlemen of the jury.’ His embarrassment now was extreme; blushing, hesitating, and stammering, he repeated the words, ‘Gentlemen of the jury.’ The audience evinced genuine politeness and good breeding, by seeming not to notice his peculiarly unpleasant and trying condition. Suddenly regaining his self-possession, he made a speech of such force and eloquence, as to carry conviction and astonishment at once to the hearts of his hearers. Subsequently he took a prominent part in the debates of the society, and became one of its most efficient members.
Shortly after, he was admitted to the Court of Quarter Sessions of Fayette county, a court of general jurisdiction. Perhaps at no previous period was the Lexington bar more highly distinguished for the talents and learning of its members than at that time.Among them were George Nicholas, John Breckenridge, William Murray, and others, whose long established reputation and professional skill seemed to set competition at defiance. They found in Mr. Clay, however, a most formidable competitor: one who, though bland, courteous, and affable, in the ordinary intercourse of life, yet on the field of civic strife was as unyielding and invulnerable as the ‘gnarled oak.’ His talents secured respect, and soon placed him on a level with the highest. He possessed the unbounded confidence of the community where he resided, and the easewith which he secured this was truly surprising. So perfectly insinuating and winning were his ways, and so captivating his appearance, that it was usually yielded at the first interview. Such attributes of mind and person could not and did not fail to surround him with influential and devoted friends, and secure for him a more than respectable patronage. A few short months previous he stood alone, a stranger, unaided, unfriended and destitute, amid the wilds of the then far-off west. Now, the obstacles which then seemed gigantic, had dwindled into insignificance. The rough and forbidding aspect of the road which he had marked out for himself to pursue, had entirely disappeared, and friends and favors poured in upon him from all quarters, and he found himself borne along by the breeze of popular approbation, unconscious that it had yet been awakened.
One to him important result of that confidence which a discerning and generous public reposed in him, was continual professional employment. His acute and refined sensibilities, his philanthropic heart, and sympathizing disposition, joined to his profound knowledge of human nature and commanding powers of eloquence, pointed him out as one eminently well qualified to conduct criminal cases. With these, therefore, we find him much and successfully engaged, and it is a remarkable fact, taking into consideration the large number of these cases committed to his care, that never in a single instance was he defeated. One of the most important early criminal suits in which he was retained, was that of the wife of a very reputable farmer by the name of Phelps, a woman who stood high in the estimation of those who knew her, and deservedly, for she had led hitherto an irreproachable life. In a fit of passion, caused by some personal reflection of her husband’s sister, she seized a gun and shot her through the heart. The poor girl had only time to exclaim, ‘Sister, you have killed me,’ and expired. The great respectability of the parties caused the most intense excitement, and an immense crowd assembled to witness the trial. Of the fact of killing the proof was most abundant, and the only point to be considered was that which respected the nature of the crime. It was argued with great ability on the part of the prosecuting attorney, who labored hard to make it out a case of deliberate wilful murder; but in this he was foiled by the superior skill and adroitness of Mr. Clay, who not only succeeded in saving the life of his client, but obtained as light a verdict for imprisonment as the law would allow.
In another similar suit, which occurred shortly after, he evinced, if possible, greater ability. Two men, Germans, father and son, were indicted for murder, and were tried in Harrison county. The act of killing, in this instance also, was proven by evidence so clear and strong, that it was considered not only a case of murder, but an exceedingly aggravated one. The trial lasted five days, atthe close of which he addressed the jury in the most impassioned and eloquent manner, who were so moved by his pathetic appeals that they rendered a verdict of manslaughter only. After another hard day’s struggle he succeeded in obtaining an arrest of judgment, by which his clients were set at liberty. They expressed their gratitude in the warmest terms to their deliverer, in which they were joined by an old ill-favored female, the wife of one and the mother of the other, who adopted a different mode, however, of tendering her thanks, which was by throwing her arms around Mr. Clay’s neck and repeatedly kissing him, in the presence of the court and spectators. Respecting her feelings, he did not attempt to repulse her, but submitted with such grace and dignity to her caresses as to elicit outbursts of applause.
Mr. Clay manifested great sagacity in discerning and turning to his advantage a technical law-point, involving doubt. The following case illustrates this. A man by the name of Willis, indicted for murder, escaped conviction by the disagreement of the jury, and was put upon his trial the second time for the crime alleged. After hearing the arguments of the prosecuting attorney, he brought forward the well known rule of law, that the life of no one shall be put in jeopardy twice for the same offence, and insisted on its applicability to the case under consideration, contending that the trial, according to that rule, was manifestly illegal, and that therefore conviction would be impossible. At first the court was disposed to rule out his objections, which was met on the part of Mr. Clay with a prompt refusal to proceed with the case, unless allowed to view it in this aspect, and actually left the room for that purpose. He was soon recalled and permitted to proceed, and, without the remotest reference to the testimony previously given, he obtained an acquittal solely on the ground assumed. In only one instance do we find him engaged as public prosecutor, in which he procured the conviction of a slave for the murder of his overseer. With great reluctance he discharged the duties of his office in this case, and has often been heard to regret that he had any agency in procuring the execution of the friendless black.
In civil suits he also won great celebrity. In the settlement of important land claims, he rendered himself very conspicuous. It is related of him that being engaged in one that involved immense interests, he associated with him a prominent lawyer to whom he intrusted its management, as urgent business demanded his absence from court. Two days were occupied in discussing the legal points that were to govern the instructions of the court to the jury, on all of which his colleague was frustrated. Mr. Clay returned before a decision was rendered, and without acquainting himself with the nature of the testimony, or ascertaining the manner in which the discussion was conducted, after conferring a few minutes with his associate, he prepared and presented in a few wordsthe form in which he wished the instructions to be given, accompanying it with his reasons, which were so convincing that the suit was terminated in his favor, in less than an hour after he reëntered the court room.
His genius and talents now seen and acknowledged by all had gained for him high professional honors, and fitted him to act a prominent part on another and more extended field—that of the patriot politician. The date of his entrance on this field may be placed as far back as 1797, and it is worthy of particular remark, that the first subject he was led to investigate, on approaching it, was one peculiarly calculated to call into exercise those prominent features of his character, philanthropy and patriotism. Slavery, although existing in Kentucky in its mildest form, could not and did not appear to him otherwise than unsightly and revolting—an evil, and one of great magnitude; nor did he hesitate to pronounce it such. To him, its practical tendencies, in public and civil no less than in private and social life, were obviously bad. He saw it diffusing its baneful influences through the halls of legislation, and twining its sable folds around the very pillars of government, contaminating and withering. His was not the position of an unmoved or speculating observer; the mightiest energies, the holiest impulses of his nature were kindled within him, to arrest its progress, to break up the unnatural, the unhallowed alliance. But in yielding, as he did, prompt obedience to those emotions, he did not rush madman-like, impelled by a blind zeal, into the work, regardless of results. The sanguinary consequences of such a course rose up and stared him full in the face, with most appalling power, nor could he shut his eyes to the palpable fact, that it would inevitably eventuate in the utter annihilation of those very interests he sought to protect. It appeared necessary, therefore, to advance cautiously, to sit down, and, divested of all prejudice, wisely count the cost. He found it requisite to act the part of a skilful and experienced operator, not that of a conceited empiric; to have the bandage and the liniment ready before resorting to the scalpel and caultering iron. After taking the most enlightened view of the subject, regarding it in all its aspects and bearings, he came to the conclusion, that the only feasible method which would both ensure the safety of the body politic, and preserve inviolate their domestic institutions, was a gradual disengagement. Hence he sought by every available means, through the press by his touching and eloquent descriptions, by night and by day, to secure the introduction of a provision to that effect, in a new constitution, then under consideration for adoption. Happy would it have been for Kentucky had she listened to the entreaties of her son in this behalf, for slavery would have long since ceased to blacken her borders. His humane efforts were not, however, successful; a majority of the members of the convention being opposed to the provision. Itcannot be doubted that Mr. Clay very clearly foresaw that the contest would thus terminate, possessing as he did accurate knowledge of the state of the public mind, in relation to the subject of slavery; hence our surprise and admiration. It is not more certain that his efforts were earnest and vigorous in defence of the measure, than that they were prompted by disinterested motives. The nature of his circumstances at this period is such as to render it certain that he did not stop to estimate the consequences of defeat, either to his popularity or his purse; in short, that so far as personality was concerned, ‘cui bono’ was neither in his mind nor on his lips. How ridiculously absurd then, in the light of such abundant evidence to the contrary, the assertions of his enemies, that he was actuated by selfish motives, by an inordinate desire to attract attention. There was no ground for such a desire. In Kentucky, at least, his popularity would hardly admit of augmentation, and daily, and almost hourly the testimonials of approbation lavished upon him, and the high appreciation of his character, his services, and his talents, cannot be enumerated. Though defeated, he was not discouraged nor disheartened. Conscious that his action had been in accordance with his conviction of duty, he derived great consolation from the fact, and girded himself to do battle again for the same principle in a different connection.
Mr. Clay was a lover of Liberty, not exclusively on account of any particular advantages her possession might confer, but on account of her own intrinsic loveliness and inalienability. In looking at his political career, we find that his most gigantic efforts were put forth whenever he discovered a disposition to abridge her lawful exercise. It seems to have been even at its commencement a settled principle with him, to resist oppression under whatever form presented. This he discovered in the odious Alien and Sedition laws, enacted in 1798–9. These were anathematised by the democracy of the country, as hostile to our institutions, involving an unwarrantable assumption of power, manifestly unconstitutional, savoring strongly of tyrannical usurpation, and not to be tolerated. The Alien law empowered the president to command any alien whom he should judge dangerous to the peace and safety of the country, to depart out of the territory within such time as he should specify, under penalty of being imprisoned for a time not exceeding three years. The Sedition law was intended to guard against the abuse of speech and of the press. Besides subjecting to imprisonment, it imposed a heavy pecuniary fine, on such as combined, conspired, or united, to oppose any governmental measure,—who should utter, write, print, publish, &c., any false, and scandalous, and malicious writing, against the government of the United States or the president, &c. The appearance of these laws was greeted with one general outburst of indignation, from one end of the land to the other, but in no section was the expression of disapprobationmore strongly marked or prompt than in Kentucky. In the front rank of those who opposed them stood young Clay, dealing blows so thick and heavy with the ponderous battle-axe of his eloquence, as to drive his foes in disorder and dismay from the field of political strife.
It is related that on one occasion the people had assembled in a large crowd in a grove near Lexington, to listen to a discussion to come off between the advocates and opposers of these laws. The greatest interest had been awakened, extensive preparation made by the combatants, and with the most inflammatory zeal they entered the lists. The assemblage was first addressed by Mr. George Nicholas, a gentleman of distinguished ability and commanding eloquence. His effort is represented as having been one of great vigor, and characterized by that logical and philosophical acumen, for which he was so celebrated. When he ceased, the populace, wrought up to the highest degree of enthusiasm, poured out their rapturous applause. ‘Clay,’ ‘Clay,’ was now loudly called from all directions, and as he ascended the stand, it was clearly perceptible by his eagle eye and compressed lips that no ordinary emotions were struggling in his bosom. As the spirit of the tempest finds the ocean when he descends in his mightiest energy, so he found the boisterous mass swelling to and fro like the surges of the deep. But he was at home doing his legitimate work, pouring the oil of eloquence over a turbulent sea of passion, until its tumultuous heavings subsided and left one quiet, calm, and unruffled surface. The subject in his hands appeared in a new light, and he soon succeeded in securing for it that attention which is accompanied with feelings too deep for utterance: like those experienced by one standing on the edge of a crater, gazing down into its fiery abyss. His predecessor had poured a flood of sunshine over the multitude, which caused those heartfelt, spontaneous out-gushings of joyful emotion, which are its usual comcomitants. But his office was that of the lightning’s flash and thunder peal, hushing, awing, and subduing. When he closed there were no clamorous expressions, no deafening shouts of applause, but something far more significant he read in the quivering lips, indignant looks, and frowning brows around him; and heard, in the deep low growl that came up, a much more flattering tribute to his talents. He was followed by Mr. William Murray, an orator of great popularity, and well qualified to exhibit acceptably the merits of those laws, if indeed they possessed any. His efforts, however, were futile. The conviction of their pernicious tendency had been planted too deep in the minds of the people by Mr. Clay, to permit them to listen to their merits, or to allow them to believe that they had any. He would not have been suffered to proceed had not the previous speakers urgently solicited permission. Another attempt was made to reply, but the people could be restrained no longer, and made afurious rush towards the place occupied by the speaker, who was compelled to make a precipitate retreat to escape personal violence. They now seized Nicholas and Clay, bore them on their shoulders to a carriage, and amid the most enthusiastic cheering, drew them through the streets of Lexington. A proud day was this for Mr. Clay; a day in which he earned a far more glorious title than any that royal hands could confer upon him, that of the ‘great commoner.’ It was the first of the bright days of the years of his fame—the sure precursor of that unfading chaplet which time was destined to bind about his brow.
In 1803, Mr. Clay, in company with several of his personal friends, was spending several weeks at the Olympian Springs, in Bath county, for the benefit of his health, and during that time there was an election of members to the legislature. His friends, without his knowledge, and as appears contrary to his wishes, brought him forward as a candidate. The prospect of his election was not very flattering; indeed, it seemed to be impossible. Several candidates who were veterans in the business, had occupied the field sometime in advance of him, and besides electioneering warmly for themselves, employed the influence of powerful friends. Though he ran very well at the commencement, it was thought that he was somewhat behind. His opponents, besides using every legitimate, resorted to unfair means to accomplish his defeat, reporting that he was incapacitated for the office by ill health; that he did not desire, neither would accept it. Such measures in all probability would have been successful, had not his opportune return before the canvass had progressed very far, furnished occular proof of the falsehood of these assertions, and enabled him to counteract the influence of the slanderous reports put in circulation. It was repugnant to his feelings, contrary to his exalted ideas of honor, and did not comport with the dignity of the office to set forth personally his claims and qualifications. But yielding to the entreaties of his friends, and urged also by the base subterfuges and low intrigues every where practiced to defeat his election, he consented to enter the arena, and right well did he acquit himself, as the sequel will show. His remarks were few, exceedingly pertinent, conveying to the electors his views of state policy, refuting such of the reports as were false, and admitting such as were true: to wit, that he was young and inexperienced, that he had not proclaimed himself a candidate, nor sought their suffrage; but since his friends had seen proper to place his name before the people, it would be gratifying to them if he could be elected. While thus engaged in stump speaking, as it is termed in Kentucky, an incident occurred which it may not be amiss to relate. It illustrates his tact and ingenuity in seizing and turning to good account trivial circumstances, for which he is so celebrated, and to which he is indebted for the enviable title of being great in little things. He had beenengaged in speaking some time, when a company of riflemen, who had been performing military exercise, attracted by his attitude, concluded to go and hear what that fellow had to say, as they termed it, and accordingly drew near. They listened with respectful attention and evidently with deep interest, until he closed, when one of their number, a man about fifty years of age, who had evidently seen much backwoods service, stood leaning on his rifle, regarding the young speaker with a fixed and most sagacious look. He was apparently the Nimrod of the company, for he exhibited every characteristic of a mighty hunter,—buckskin breeches and hunting-shirt, coon-skin cap, black bushy beard, and a visage which, had it been in juxtaposition with his leathern bullet pouch, might have been taken for part and parcel of the same. At his belt hung the knife and hatchet, and the huge indispensable powder-horn across a breast bare and brown as the bleak hills he often traversed, yet which concealed as brave and noble a heart as ever beat beneath a fairer covering. He beckoned with his hand to Mr. Clay to approach him, who immediately complied. ‘Young man,’ said he, ‘you want to go to the legislature, I see?’ ‘Why, yes,’ replied Mr. Clay, ‘yes, I should like to go, since my friends have seen proper to put me up as a candidate before the people; I do not wish to be defeated.’ ‘Are you a good shot?’ ‘The best in the country.’ ‘Then you shall go; but you must give us a specimen of your skill; we must see you shoot.’ ‘I never shoot any rifle but my own, and that is at home.’ ‘No matter, here is old Bess, she never fails in the hands of a marksman; she has often sent death through a squirrel’s head one hundred yards, and daylight through many a red skin twice that distance; if you can shoot any gun you can shoot old Bess.’ ‘Well, put up your mark, put up your mark,’ replied Mr. Clay. The target was placed at the distance of about eighty yards, when, with all the coolness and steadiness of an old experienced marksman, he drew old Bess to his shoulder and fired. The bullet pierced the target near the centre. ‘Oh, a chance shot! a chance shot!’ exclaimed several of his political opponents. ‘A chance shot! He might shoot all day and not hit the mark again; let him try it over, let him try it over.’ ‘No; beat that, beat that, and then I will,’ retorted Mr. Clay. But as no one seemed disposed to make the attempt, it was considered that he had given satisfactory proof of being the best shot in the county; and this unimportant incident gained him the vote of every hunter and marksman in the assembly, which was composed principally of that class of persons, as well as the support of the same throughout the county. The most remarkable feature respecting the whole transaction is yet to be told. Said Mr. Clay, ‘I had never before fired a rifle, and have not since.’ The result of the election proved Mr. Clay much more popular than it had been supposed he was; he was elected almost by acclamation. Our astonishment may wellbe excited, when we consider that this was the first time that he was a candidate for an office, and the circumstances under which it took place. It must be certain that he was esteemed a young man of great promise and ability. That confidence he seems so early to have inspired he has ever retained, and it is a no less just than flattering tribute to his worth, that where he is known best, there he is esteemed the most. This appears from the fact that the citizens of Fayette county have never refused him an office when brought forward by his friends as a candidate.
At the time of his election to this, his first office, the public mind was much agitated in reference to the Lexington Insurance Company. Felix Grundy, a political partizan of great eminence, had proclaimed himself hostile to its existence, and expressed his intention to move the repeal of its charter. This question was brought to bear directly on the election, and as the views of Mr. Clay were known to be opposed to his, he was selected to advocate the claims of the institution. The attempt made during the ensuing session to procure the repeal of the incorporating law was easily defeated by him, but in the succeeding one Mr. Grundy himself was a member, and a majority of the House came pledged to support the measures advocated by him. Argument in such a state of things it was thought would avail little; for the representative, feeling bound to obey the will of his constituents, would be compelled to vote for the repeal, although convinced of its injustice. The debate that ensued was one of great ability, conducted by Mr. Clay and Mr. Grundy, and attracted crowds of spectators. They were both young, aspiring after forensic honors, and both eloquent. Mr. Grundy, though wily, shrewd, and a good political manager; in strength of argument, force, and felicity of illustration, and the faculty of setting his subject in a strong light before his hearers, was evidently inferior to his antagonist. Mr. Grundy at first waged an aggressive war, and with great boldness and vigor demolishing his enemy’s outposts, pushed his way far into his country. Elated with success, and the ease with which he overcame all opposition, he imagined victory already achieved. But he was destined to be checked midway in his brilliant career, to encounter his enemy’s strong corps de reserve. The contest is represented as having exhibited a scene of eloquent sublimity, seldom witnessed or surpassed. Mr. Grundy had marshalled his forces with the skill of a veteran, and flanked by powerful auxiliaries, was proceeding in the utmost regularity, and as he thought with absolute certainty, to strike the last decisive blow. A phalanx thus appointed, led on by such a general, seemed invincible, and indeed was, if any could be in such a conflict. Up to the time of the grand onslaught, Mr. Clay seemed to be regardless of the operations of his adversary. He was, however, silently engaged in collecting and arranging his resources, and treasuring his energiesfor the final hour; and when it came he arose and hurled them at the heads of his mighty foe and emissaries as the avalanche hurls his ice-mount, or the volcano his scathing flood of flame. Mr. Grundy’s struggle to maintain his ground was desperate, but short, for no force could do it under such circumstances; and, finding himself borne backwards by the impetuosity of his assailant, he attempted to effect an honorable retreat. In this he failed, and was finally compelled to surrender.
Although the measure passed the house, the senate, whose members had listened to the discussion, without any efforts, pro or con, refused most unanimously to sustain it; and thus the company, through the efforts of its vindicator, was suffered to retain its charter.
An event occurred during the session of 1805, highly illustrative of the versatility of Mr. Clay’s genius. An attempt was made to obtain the removal of the capitol from Frankfort. Mr. Clay, in a speech delivered at the time, reverted to the peculiar physical appearance of the place, as furnishing an argument in favor of the proposed removal. Frankfort is walled in on all sides by towering rocky precipices, and not unlike a vast pit. It presents, said Mr. Clay, 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 members would know the bodily condition of the prisoners, let them look at those poor creatures in the gallery. As he said this he directed their attention to some half a dozen emaciated, spectre-like specimens of humanity, who happened to be moping about there, looking as though they had just stolen a march from the grave-yard. On observing the eyes of the house thus turned towards them, and aware of their ghostly aspect, they screened themselves with such ridiculous precipitancy behind the pillars and railing as to cause the most violent laughter. This well-directed effort at wit and humor was completefully successful, and the house gave their votes in favor of the measure. The resolution, however, was never carried into effect, as it was found impossible to agree upon a new location. It would be difficult, and perhaps not particularly desirable, to follow Mr. Clay through all the various and numerous services rendered by him in the legislature of Kentucky. We shall give an outline only of them, presenting such specimens as shall illustrate the leading characteristics of his mind, and dwell longer on that portion of his history which regards him as connected with the management of the affairs of the nation. While acting in the capacity of a state legislator, he was distinguished for zeal in prosecuting his professional labors, which soon conducted him to the summit of that lofty legal eminence, far above the murky regions of pettifoggery and low intrigue. Here, surrounded by an atmosphere redolent of judicial purity, and seated fast by the throne of Justice,he exerted himself to preserve inviolate the sanctity of her temple, and to see that her decisions were rigidly and impartially enforced. He particularly delighted, on the one hand, to procure her favors for the poor and obscure, in facilitating the approach to her courts of those who by poverty or oppression were debarred access; and on the other, to oppose the unjust prosecutor. No bribe could induce him to countenance, directly or indirectly, his designs. While acting under the influence of these most noble principles, he became engaged in an unpleasant affair of honor. It appears that Col. Joseph Hamilton Daviess, district attorney of the United States, had struck an inn-keeper in Frankfort, who had made some remark offensive to him; the inn-keeper endeavored to obtain legal reparation for the wound his honor had sustained, and for that purpose applied for a writ. This was readily obtained, but owing to the high standing and influence of the accused, no lawyer could be found who was willing to conduct the prosecution. In this state of things, after consulting with his friends he wrote a letter to Mr. Clay, detailing the facts in the case, and soliciting his aid. He promptly sent a reply, in which he consented to act as his attorney. The suit was brought at Lexington, and Mr. Clay, whose sympathetic feelings were warmly interested in behalf of his client, vindicated him from the rude and unreasonably harsh treatment which he received at the hands of Mr. Daviess, who was his own attorney. Mr. Clay’s strictures were keen and cutting to such an extent, that Col. Daviess, at a pause in the trial, sent Mr. Clay a note, couched in not very civil, and somewhat threatening terms, warning him to desist from such bitter remarks. Mr. Clay replied that he should conduct his client’s case as his judgment prompted, uninfluenced and unawed from any source—least of all from his client’s antagonist. At the close of the trial Col. Daviess sent him a challenge to single combat, which he accepted. Subsequently the affair was settled, through the mutual interference of the friends of both parties, and the most cordial friendship existed between them till the death of Col. Daviess, who was killed at the battle of Tippecanoe.
Near the close of 1806 Mr. Clay received an application from Aaron Burr to appear in his behalf. Burr had been arrested on a charge of being engaged in illegal military operations. The popular mind was much agitated by the belief of his treasonable designs, founded on various rumors of his projected invasion of the Mexican provinces, in which the whole western territory was implicated. While these rumors were occasioning much public anxiety, two men, named John Wood and J. M. Street, arrived from Virginia and located at Frankfort. Their object seemed to be to publish a weekly paper, which they styled the ‘Western World,’ in which they revived an old political controversy which had slumbered nearly twenty years. The subject of the rumorswas also introduced into its columns, and several statements made in reference thereto, which seemed, if true, to make out the evidence of treason and conspiracy as more than probable. They were however, for the most part assumptive, and not substantiated by any well authenticated testimony, besides appearing under a very questionable character, being contained in communications over the signature of ‘an observer.’ It was subsequently ascertained that these were written by one of the most violent federalists of the day—notorious for his antipathy toward the democratic party, of which at that time Mr. Burr was a distinguished member. His name was Humphrey Marshall. He and his emissaries, to accomplish their purposes, resorted to the most base and dishonorable means. In an address prepared by Mr. Marshall, he reiterated the statements of ‘an observer,’ of which he himself was the author, and also charged the leading members of the Jefferson party in Kentucky, among whom were Mr. Clay’s most intimate friends, with the treasonable design of annexing that state to the Spanish dominions in North America. The address was laid before the legislature, who investigated the matter; but not succeeding in eliciting any thing to corroborate the charges made, it was dropped. The public mind was wrought up to a high degree of indignation at these attempts to ruin some of the most worthy and talented men in the community. While the public was still under the influence of the sympathetic feelings excited in behalf of those against whom such gross accusations had been made, Mr. Burr was charged with a conspiracy of more recent date, and in course was regarded with the same sympathy extended to those previously criminated. He was esteemed a persecuted patriot, and his innocence was matter of popular belief. It was thought pretty generally, that his arrest originated in deep-rooted prejudice existing in the mind of colonel Daviess, the district attorney, a warm admirer of colonel Alexander Hamilton, who was killed in a duel by Mr. Burr. There was good ground for believing that the attorney was prompted more by revengeful feelings than a desire of promoting the administration of justice. During the same year, soon after Mr. Burr had returned from New Orleans, the public mind was again inflamed by the ‘observer,’ which contained statements of such a nature as to direct the attention of the district attorney to Mr. Burr, whose arrest he attempted to procure, but without success. Mr. Burr witnessed the proceedings, and in a speech which he made at the time, alluded to them, which he characterized as harsh and oppressive in the extreme, expressing himself perfectly willing, and indeed soliciting to be tried by an unprejudiced court. His dignified deportment, and fair, open proposition, caused the popular feeling to be deeply enlisted in his favor. His request was granted, a jury chosen, and a day appointed for trial. When it arrived, universal surprise was created by thenovel and very unusual course pursued by Col. Daviess. He moved the discharge of the jury in consequence of an important witness being absent. He succeeded, to the great regret of Mr. Burr, who was desirous of placing the whole business before a competent and impartial judicial tribunal.
The attorney, some months subsequent, imagined himself warranted in resuming the prosecution. The second day of December was appointed for the trial. On the day previous Mr. Burr addressed a note to Mr. Clay, soliciting his aid, of which the following is an extract. ‘I have no design nor have I taken any measure to promote a dissolution of the Union, or a separation of any one or more states from the residue. I have neither published a line on this subject, nor has any one, through my agency or with my knowledge. I have no design to intermeddle with the government or to disturb the tranquillity of the United States, or of its territories, or any part of them. I have neither given, nor signed, nor promised a commission to any person for any 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 honor, 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 industriously 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.’
Mr. Burr was doubtless aware of the scruples felt by Mr. Clay respecting the propriety of acting as his counsel, which scruples were occasioned principally by the new and interesting relation just assumed by him—that of United States senator. Mr. Clay’s doubts were satisfied, and he consented to appear at his trial as his attorney, in connection with Col. John Allen. To them Mr. Burr in the expectation of securing their services, had previously sent a large sum of money, which they declined receiving, and returned to him. The day appointed for trial at length arrived, and again the attorney sought to delay the proceedings of the court, on the ground of the absence of an important witness. Mr. Clay strenuously contended that such tardy procedure, where such interests were involved, and where the most speedy action was requisite, was unsanctioned by correct judicial usage; that the accused was sustaining material injury in consequence of the obstacles thus thrown in the way of his establishing his innocence, which he was impatiently and anxiously waiting to do. Mr. Clay’s representations succeeded. The attorney was required by the court toproceed immediately. Accordingly all the evidence he could produce was spread before the grand jury, who, after a patient and careful investigation, returned the indictment accompanied with their refusal to consider it a true bill, and reasons for the same,—alleging that the testimony contained nothing to criminate the accused, ‘nor can we from all the inquiry and investigation of the subject discern that any thing improper or injurious to the government of the United States, or contrary to the laws thereof, is designed or contemplated.’ Their decision was received with the strongest demonstrations of approbation from all quarters, which were exceedingly gratifying to Mr. Clay, and served to strengthen his conviction of Mr. Burr’s innocence when he consented to act as his counsel. It is unnecessary to say, that had he been aware of Mr. Burr’s real designs, no inducement could have been held out by that person strong enough to have determined him to appear in his defence. Subsequent events show this to be true—events which removed all doubts as to Mr. Burr’s guilt. A mass of unequivocal testimony had been obtained, in relation to his operations upon which he had already entered, and of his future projects, by the exertions of Mr. Jefferson, which testimony was exhibited to Mr. Clay, at Washington, where he repaired soon after the trial to take his seat in the senate. One of the most remarkable and indubitable portions of the evidence alluded to, was a letter in cipher which Mr. Burr had sent by captain Samuel Swartwout to the commander of the United States army, general Wilkinson, which contained a somewhat circumstantial account of his proceedings and intended proceedings. In this he expressly stated his design of seizing on Baton Rouge, preliminary to extending his conquests into the Spanish provinces. Such disclosures opened the eyes of the public to the true character of Mr. Burr, and called forth expressions of their just indignation, in which Mr. Clay also united,—who, after an interval of several years, for the first time subsequent to the trial, met Mr. Burr in the city of New York. Mr. Clay was sitting in the court room of the City Hall, when a gentleman approached and tendered him his hand with the customary salutation. But Mr. Clay recognizing, treated him with marked coldness and refused to receive or return the proffered civility. Mr. Burr, however, endeavored to engage him in conversation, congratulating him on his successful efforts at Ghent, in relation to the treaty, and an arrangement which he and his associates had effected with Great Britain, whereby valuable commercial advantages were secured to America. To all his efforts at conversation Mr. Clay turned a deaf ear, replying very briefly to his inquiries and giving him no encouragement to proceed. On leaving, Mr. Burr requested the privilege of a brief interview with him, who in answer, informed him where he had taken lodgings. The colonel, however, did not call, and thus terminated all the intercourse ever hadby Mr. Clay with him. We have thus endeavored faithfully and impartially to record all the facts in relation to that intercourse, that the world may see and decide upon the truth or falsehood of the charges made against Mr. Clay, in consequence of it. How can they be tortured so as to yield any evidence calculated to impeach his integrity? How to make it appear manifestly wrong to act as his counsel, and to conduct that trial, the right to which was guarantied by the constitution? But above all, how can they be made to furnish a foundation for those cruel charges of acting in concert with the accused, of being privy to his plans, as aiding and abetting him, and of disrobing him of his hard, well earned, unspotted robes of legal and political purity, and clothing him in the black habiliments of a traitor, engaged in bartering away the liberties of his country? But in the language of another, ‘the shaft, though aimed with a will sufficiently deadly, 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 propagated against the same illustrious individual, and like 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 election to the senate of the United States was for one session only—the unexpired portion of general Adair’s term, who had resigned his seat. Immediately after his initiation into his new office, he engaged actively in the senatorial business. He found the senate discussing the merits of a bill providing for the erection of a bridge over the Potomac. Its erection was strongly desired by the inhabitants of Washington and Alexandria, and as strongly deprecated by those of Georgetown. Many efforts were made by both parties to secure his services in aid of their particular predilections, but nothing definite could be ascertained respecting his views in relation to the bill, and he refused to commit himself by pledging his support or opposition to it. He was not, though, indifferent to the proposed measure, but diligently employed himself in settling in his own mind the question of its constitutionality, and in deciding on its expediency. The result of his investigations was the conviction that it was sanctioned by the constitution, and a judicious measure of internal policy. He so regarded it in a speech which he made in its favor, by which he succeeded in producing a similar conviction in the minds of all the members who had not pledged themselves to oppose it, and thus secured its passage. This speech, although never reported, is represented as one of his happiest efforts, distinguished for satire and humor, aswell as gravity and sound logical argument, indeed, as embodying all the characteristics of a perfect specimen of eloquence. From the ground there taken, and the first time publicly, as to what he deemed true governmental policy, in relation to internal improvement, he has never in a single instance receded. With proud satisfaction may the friends of that system of which he has been justly styled ‘the Father,’ point to this unparalleled example of unwavering adherence and fidelity to principles since demonstrated to be the only permanent source of our national prosperity. In what an interesting attitude do we behold their originator and vindicator—a youth from Kentuckian wilds, rising up in the midst of grave senators and hoary-headed sages, and stretching out a timid, yet patriot-nerved arm, towards the shrine of Liberty. He plucks from her altar a burning brand and applies it to those inflammable materials which his genius and talents had collected around him. The flame that followed, though bright, he did not suppose would be seen and felt far beyond the precincts of her home. The utmost stretch of his fancy could not present to him the cheering vision, of the deepest recesses of the woody wilds he had left, illumined by its benign beams—that they were destined to play around the summits of the Alleghanies, glance across the broad prairie, blaze over the lake, and flash along the river, penetrating every department of industrial life, with their developing, moulding, and preserving power, until the broad breast of our vast republic should beam bright and beautiful as the ‘brow of night.’
An anecdote is related of Mr. Clay, aptly illustrating his ability to encounter opposition, in whatever manner presented. A senator from Connecticut had endeavored to inspire the younger members of the senate with a respect for him, nearly allied to awe, and to this end was accustomed to use towards them harsh and exceedingly haughty language, but especially to make an ostentatious display of his attainments and his supposed superior knowledge of the subject under discussion. Mr. Clay could ill brook his insolent looks and language, and haughty, overbearing manner, and took occasion in his speech to hit them off, which he did by quoting the laughable 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.’
It would be difficult to say which was the greater, the merriment which this sally caused, or the chagrin of the senator mentioned.
During the session an attempt was made to clothe the executive with power to arrest and confine colonel Burr, if deemed necessary by him, without experiencing the delays often consequent on theuncertain operations of law. Mr. Clay did not take an active part in the discussion that ensued, but barely recorded his vote against it. He regarded the suspension of the act of habeas corpus, by which alone this power could be conferred, as highly dangerous, and which could be justified in the greatest emergency only. He thought it, however, unadvisable to mingle in the discussion in consequence of having acted as Mr. Burr’s counsel. The measure passed the senate, but was defeated in the lower house.
In the month of February of the same year, Mr. Clay exerted himself to procure an appropriation for the purpose of constructing a canal in Kentucky, having presented a resolution to that effect. The subject was referred to a committee, to whom as chairman he submitted a lengthy and able report. He also brought forward a resolution to improve the navigation of the Ohio river, which was favorably received by the senate, and adopted with unanimity. The secretary of the treasury also was called upon to obtain all the information he could impart and report the same, relative to constructing canals and making such other internal improvements as might come legitimately within the sphere of congressional action. With what deep interest Mr. Clay regarded the prosecution of these and kindred works, may be learned from the phraseology of the resolutions which he introduced recommending them. In the report before mentioned there is the following passage.‘How far is it the policy of the government to aid in works of this kind when it has no distinct interest? Whether indeed in such a case it has the constitutional power of patronage and encouragement, it is not necessary to be decided in the present instance. The resolution directing the secretary to procure information, is as follows. ‘Resolved, that the secretary of the treasury be directed to prepare and report to the senate at their next session a plan for the application of such means as are within the power of congress, to the purposes of opening roads and making canals, together with a statement of undertakings of that nature, which as objects of public improvement may require and deserve the aid of government, and also a statement of works of the nature mentioned, which have been commenced, the progress which has been made in them, and the means and prospect of their being completed, and all such information as in the opinion of the secretary shall be material, in relation to the objects of this resolution.’ This resolution passed almost unanimously.
At the expiration of his senatorial term the citizens of Fayette county gave him their suffrages again for the state legislature, to which he was elected by a majority much larger than his most sanguine friends expected. In consequence of the part Mr. Clay had performed in the affair of colonel Burr, his popularity sustained some diminution, which, however, was only temporary. His enemies attempted to excite similar feelings of odium towards himwith which Mr. Burr was visited, and partially succeeded, but which were dissipated by an address made by Mr. Clay, in relation to his connection with him, and succeeded to such an overwhelming extent in turning the tide of calumny directed towards him, against his enemies, that it would have been exceedingly hazardous for any one, in the presence of his friends, to repeat the slanderous charges. He was elected speaker of the assembly at the next session, although opposed by a very popular member as a candidate for the same office. In this station he was distinguished for zeal, energy, and decision, exhibited in discharging its duties. He would sometimes engage in the debates of the house when a subject of unusual interest was before it. An attempt was made during this term worthy of the dark ages—an attempt to prohibit the reading of any British elementary work on law, and reference to any precedent of a British court. Contrary to what might have been expected, this monstrous proposition, this antinomian attempt found favor in the eyes of more than four-fifths of the members of the house, and had not Mr. Clay rushed to the rescue, the whole system of common law, so far as Kentucky was concerned, would have been destroyed. His timely interference averted the catastrophe. The prohibition was advocated on the ground that it was inexpedient for an independent nation to derive any assistance in the administration of justice, from the legal decisions of a foreign court; especially from those of the one in question. It cannot be doubted that the friends of the prohibition were stimulated by ardent though somewhat bigoted patriotism. Those deep seated feelings of repugnance towards the nation at whose hands we had received such oppressive treatment but a few years previous, had not yet subsided, and very naturally extended to every thing pertaining to that nation. This fact partially apologizes for that intemperate and inconsiderate zeal with which more than four-fifths of the house set about demolishing what it was vitally important should be incorporated with the fabric of our liberties, and become a constituent part of the same. They desired to be removed as far as possible from Great Britain, in legal as well as in other respects, without carefully considering the effect of that removal. This law, viewed through the distorted medium of prejudice and hatred, seemed a huge excrescence on the body of our institutions, whose incumbency exerted a crushing instead of a sustaining influence, draining their energies, instead of imparting to them no inconsiderable portion of their vitality, and instantly the axe of judicial reform was seized by these sapient legislators for its amputation. Against this fratricidal attempt, Mr. Clay raised his powerful arm. He had witnessed with feelings of unfeigned regret, this rash attempt to lay violent hands on that system with which was associated every thing valuable and venerable in jurisprudence. That system which might justly be styled the legal Thesaurus ofthe world, founded by the hand of social exigency amid fearful convulsions, and reared by the united efforts of the most eminent jurisconsulats the world ever saw, he endeavored to shield against the ruthless assaults of this legislative vandalism. He was aware that the popular opinion considered this system as unnecessarily voluminous—an immense mixture of superfluities, prolixities, and absurdities, unadapted to, and unneeded by, our institutions. These erroneous apprehensions and long existing prejudices, he combated and corrected. He demonstrated its utility by a lucid exposition of the beauty, symmetry, and simplicity of its fundamental principles, and its necessity, by depicting in most glowing colors the disastrous consequences which would inevitably follow its destruction. Fearing, however, that the resolution would pass, he met its supporters in the spirit of compromise, and moved so to amend it, that the prohibition should extend to those decisions only, that had been given since the fourth day of July, 1776. His reasons for permitting those to remain, which were given previous to that period, were as convincing as they were sensible. He argued that up to the time of the declaration of independence, the laws of the one nation were those of the other, and that therefore the adoption of the primary resolution would be in effect abolishing our own laws. He is said to have given on this occasion, one of the most splendid specimens of elocution ever witnessed. A gentleman who was present describes it as a perfect model. ‘Every muscle of the orator’s face was at work; his whole body seemed agitated, as if each part was 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.’ His control over his auditory was most absolute and astonishing—now bathing them in tears, and now convulsing them with laughter, causing them to alternate between hope and fear, love and hate, at his bidding. When he concluded, scarcely a vestige of opposition remained, and the amended resolution was adopted almost by acclamation. While the prominence, which this and similar efforts gave Mr. Clay, was a source of satisfaction to him, and gratification to his friends, it was attended with the unpleasant effect of exposing him to the keenest shafts of his political enemies. In the year 1808 he was most violently assailed by Humphrey Marshall, an ultra federalist, a man of talents and eloquence. He let no opportunity pass unimproved to give vent to his rancorous feelings toward Mr. Clay, and indeed towards all the prominent supporters of Mr. Jefferson’s administration. He had repeatedly attacked Mr. Clay through the press, but now, being a member of the legislature, was enabled to make them in person. Mr. Clay’s friends, desirous of bringing them together, made arrangements to this effect, by not re-electing him speaker. Mr. Marshall seemed anxious to measure weapons with Mr. Clay; following him in all his movements, and opposing him at every turn.In the early part of the session, Mr. Clay placed several resolutions before the house, relating to the embargo and British orders in council, remonstrating against the arbitrary demands of that nation, and pledging Kentucky to action, conformable to the decisions of the general government in relation thereto. They recognized Mr. Jefferson’s policy as sound, approved his measures, and pronounced him entitled to the thanks of his country, for the ability, uprightness, and intelligence which he displayed in the management, both of our foreign relations and domestic concerns. Mr. Marshall endeavored to procure their amendment, so as to condemn the embargo, and reprobate, without stint or measure, Mr. Jefferson’s administration. Their rejection was most emphatic, by a vote of sixty-four to one—he voting in their favor,—and Mr. Clay’s were adopted by the same vote. But the vials of Mr. Marshall’s fiercest and most vituperative wrath were reserved for the occasion when Mr. Clay stood up in defence of his favorite policy, of affording protection to domestic industry, by introducing a resolution, declaring that it was expedient for each member of the house, for the purpose of giving unequivocal evidence of his attachment to this principle, to clothe himself in fabrics of domestic manufacture. This patriotic attempt was not only denounced by his foe as demagogic, and prompted by motives of the most inordinate and grasping ambition; but leaving the resolution, he attacked its author in genuine billingsgate style. Utterly regardless of every rule of gentlemanly courtesy, parliamentary propriety, or common decency even, he exhausted the vocabulary in search of opprobious and insulting epithets, which he applied in the spirit of the most liberal abuse. Such foul and unmerited treatment could not be quietly borne by a person of Mr. Clay’s ardent and sensitive temperament, and he rebuked him in language deservedly harsh, and calculated to sting him to the quick. The quarrel progressed until it reached that stage where Mr. Clay considered himself bound, according to Kentuckian interpretation of the law of honor, to challenge Mr. Marshall to meet him and settle it in single combat. It was accepted, and the parties, pursuant to appointment, met and exchanged two or three shots, resulting in a slight wound to each. The duel was terminated by the interference of the seconds, who protested against its further procedure.
In 1809, a case of contested election came before the legislature, in the settlement of which, Mr. Clay acted a conspicuous part. The electors of Hardin county had given four hundred and thirty-six votes for Charles Helm, three hundred and fifty for Samuel Haycroft, and two hundred and seventy-one for John Thomas, twoof whom were entitled to seats. It appeared that Mr. Haycroft, at the time of the election, held an office, which, according to the constitution of Kentucky, rendered him ineligible to a seat in the general assembly. Mr. Clay submitted his views of the case, in a report prepared by him, as chairman of a committee appointed in accordance with a motion made by him to inquire whether Mr. Haycroft was entitled to a seat, and if not, to decide on the claims of Mr. Thomas to one. This report was adopted unanimously, and has since constituted the rule in similar cases in Kentucky. Its doctrines are so sound, and at the same time so simple, that we cannot forbear inserting an extract. ‘The fact being ascertained that Mr. Haycroft held an office 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 rejection of the votes given to Mr. Haycroft, as void to all intents whatever. It is not pretended that they were given by persons not qualified according to the constitution, and consequently, if rejected it must be not for any inherent objection in themselves, but because they have been bestowed in a manner forbidden by the constitution or laws. By an act passed 18th of December, 1800, it is required that persons holding offices incompatible with a seat in the legislature, shall resign them before they are voted for; and it is provided that all votes given to any such person prior to such resignation shall be utterly void. This act, when applied to the case in question, perhaps admits of the construction that the votes given to Mr. Haycroft, though void and ineffectual in creating any right in him to a seat in the house, cannot affect in any manner the situation of his competitor. Any other exposition of it is, in the opinion of your committee, wholly inconsistent 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. Haycroft were bestowed upon a full persuasion that he had a right to receive them. And it would infringe the rights of this house, guarantied by the constitution, to judge of the qualifications of its members. It would, in fact, be a declaration that disqualification produces qualification—that the incapacity of one man capacitates another to hold a seat in this house. Your committee are therefore unanimously and decidedly of opinion that neither of the gentlemen is entitled to a seat.’ This act closed his career in the legislature of Kentucky, to which he tendered his resignation soon after. He was elected to the senate of the United States for two years—the unexpired portion of Mr. Buckner Thurston’s term, who had resigned his seat in that body. During Mr. Clay’s continuance inthe legislature, he had produced the deepest impression of his ability and talents, and won the favor of his associates, to what extent may be determined from the fact of their selecting him for the office before named, by a vote of two thirds. He retired, accompanied with their expressions of sincere regret for his loss, and high estimate of his services. The annals of Kentucky present no brighter spot than that which in imperishable characters records his name. It is the oasis of her history, verdant and beautiful, begirt with the wreath of his noble deeds, brilliant with the gems of benevolence, philanthropy and patriotism.
The manner in which he discharged his duties while connected with her legislature, is forcibly described by one intimately acquainted with him. ‘He appears to have been the pervading spirit of the whole body. He never came to the debates without the knowledge necessary to the 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 generally control the movements of the legislature at will. His was not an undue influence; it was the simple ascendency of mind over mind. The bills which originated with him, instead of being characterized by the eccentricities and ambitious innovations which are too often visible in the course 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, therefore, justly regarded him as emphatically their own.’
In the winter of 1809–10, soon after he took his seat the second time in the senate, his attention was turned towards a subject kindred to that to which it had been directed when he first became a member of that body—that of domestic manufactures. It is a remarkable fact, that the first two subjects which demanded and secured his aid on entering congress, were those of primary importance to the welfare of the republic—subjects subsequently shown, in the unillusive light of experience, to be not only as intimately connected with private as with public prosperity, but as constituting the very lungs of Liberty herself, generating and diffusingcopious alimental streams to every organ and member of her body, thus producing that health and vigor whereby she was enabled to extend proper encouragement and protection to all her children. Up to this period but little thought, and less action had been bestowed by government upon the subject of domestic manufactures, and the light duties imposed on articles of foreign growth and manufacture, were for the purpose of raising a revenue, and not intended to afford any protection or encouragement to any branch of domestic industry. Our country, instead of putting her young, muscular hands vigorously forth, and from her own inexhaustible resources constructing such articles as she needed, sat still in the same supine attitude of abject dependence on Great Britain which she was in when the war of the revolution commenced, stretching them out to foreign artificers, and receiving those articles at their hands. How long she might have remained in this inglorious position, it is difficult to determine, had not her relations with that nation assumed an aspect so threatening and belligerent, as to alarm and induce her to withdraw and employ them in her own protection. Now the increasing prospect of war served in some degree to arouse the nation from that lethargic state of indifference in which it had so long slumbered. At least it was deemed advisable to anticipate such an event, by making provision for the materials usually needed in such an emergency. Accordingly a bill was introduced to appropriate a sum of money to purchase cordage, sail cloths, and the ordinary munitions of war, and so amended as to give preference to articles of domestic growth and manufacture, provided the interests of the nation should not suffer thereby. Mr. Lloyd, a senator from Massachusetts, moved to strike out the amendment granting the preference, and supported his motion by a long and powerful speech. A general and interesting discussion ensued, in which the policy of extending direct protection by the government to domestic manufactures was considered. Mr. Clay was among the first to avow himself decidedly in favor of the policy, and by his speech made at the time proved both its expediency and wisdom. His remarks were plain and practical, chiefly confined to statements of facts, with brief comments, yet so philosophically and skilfully arranged as to produce their intended effect. In the course of his observations, he alluded to that preference generally given in our country to articles of foreign production, by saying, that ‘a gentleman’s head could not withstand the influence of the solar heat unless covered with a London hat; his feet could not bear the pebbles or the frost unless protected by London shoes; and the comfort and ornament of his person was consulted only where his coat was cut out by the shears of a tailor just from London. At length, however, the wonderful discovery has been made that it is not absolutely beyond the reach of American skill and ingenuity to produce these articles, combiningwith equal elegance greater durability. And I entertain no doubt that in a short time the no less important fact will be developed, that the domestic manufactures of the United States, fostered by government, and aided by household exertions, are fully competent to supply us with at least every necessary article of clothing. I, therefore, for one, (to use the fashionable cant of the day,) am in favor of encouraging them; not to the extent to which they are carried in England, but to such an extent as will redeem us entirely from all dependence on foreign countries.’
Mr. Clay exposed the fallacy of the specious reasoning of Mr. Lloyd and other members hostile to the measure, who based their opposition on the ground of the bad practical tendency of a system of domestic manufactures fostered by government; and in illustration of which they cited the wretched and most famished condition of the operatives of Manchester, Birmingham, and other manufacturing cities of Great Britain. They maintained that the introduction of such a system into America would be attended with the same sad consequences—that these were the natural results of such a system, surrounded by such governmental encouragement, and inseparably connected with it. Mr. Clay in reply declared that this was a non sequiter—that although such consequences might be, and doubtless were incidental to such a system, it by no means followed that they were unavoidably and inevitably consequent upon it under all circumstances. The case instanced, he said, furnished no proof to that effect,—that the deplorable condition of the manufacturing districts of Great Britain had not been, neither could be satisfactorily accounted for in the manner attempted. It was not attributable to the fact of their being manufacturing districts—to the existence of that system which they were then considering, but to the abuse of that system. That it would be just as philosophical and logical, in view of the excruciating sufferings of the gormandizer, to conclude that the invariable tendency of food when introduced into the stomach is deleterious, as to adduce the squalor and wretchedness of England’s manufacturing population as proof positive of the pernicious tendency of the system under which they operated. This was not sufficiently restricted. It was too grasping—intended to make her the manufacturing monopolist of the world, and so shaped as to shut out effectually all rivalry. To this grand, distinctive feature of that system the evil in question could be directly traced—an evil that would be seen attendant on any vast, artificial establishment similarly conducted, whether encouraged by public or private patronage. That the objections, therefore, of opposing members lost all their validity when directed towards the system itself, which they possibly might possess when directed towards the feature mentioned, if it were not known that this was merely conventional, and not inherent, which might be retained or rejected at pleasure.It had not been, indeed it could not be denied, that to this system, badly as it was organized, England was materially indebted for that extensive developement of her natural resources which she had made, and especially for her maratime importance. That her literary and scientific institutions owed their permanence and eminence mainly to it, which had diffused also streams of beneficial influence through every part of her vast dominions. In the case of England, throwing the broad shield of her protection around this system, two results were witnessed, the satisfaction of her own and the world’s wants in relation to manufactures. But it was not intended nor desired to imitate her in this respect by carrying the principle of protection so far. The public aid solicited for the American manufacturer was moderate, just sufficient to enable him to supply the domestic demand for his fabrics. The measure, even then, was most obviously one of expedience and wisdom, and doubtless always would be; but there were indications to render it certain that it would soon become one of necessity. There was a strong prospect of our being deprived of our accustomed commercial intercourse, in consequence of the arbitrary and illegal proceedings of the belligerent nations of Europe, and that we should be obstructed by military power from an exercise of our right to carry the productions of our own soil to the proper market for them. The circumstances that then surrounded the country rendered it imperiously incumbent upon her to look to herself, and in herself, and from her inestimably valuable raw materials make for herself such articles as were requisite for her prosperity in peace, and protection in war. In short, to take such measures as to forever obviate the necessity of resorting to the workshops of the old world for them. Mr. Clay referred to our immense natural resources, scattered in rich and varied profusion over the land, as furnishing an argument in favor of the policy he was advocating. In contending for our manufacturing interests, it by no means followed, as had been intimated, that he deemed them of paramount importance to the nation. He did not hesitate to admit that on the culture of the soil her happiness and wealth chiefly depended;—that here lay the mine from which her treasury must be replenished by the hand of agriculture, if she would have an overflowing one, and expressed his decided belief that commerce was, and ought to be more indebted to it than to manufactures. He did not desire the department of the plough and sickle to be encroached upon by that of the spindle and shuttle; yet he contended that it was proper that we should supply ourselves ‘with clothing made by our own industry, and no longer be dependent for our very coats upon a country that 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 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 the household employed in domestic manufacturing bears to the whole family.’ The view taken by Mr. Clay was so enlightened, sound and practical, as to commend the bill to their most favorable consideration, and induce them to adopt it as amended. The salutary effects that flowed from it soon became apparent. The public purveyors immediately succeeded in making arrangements for the specified articles with American capitalists, on most advantageous terms, so that when the storm burst upon us, as it did soon after, though not perfectly prepared for its encounter, we were not as defenceless as we should have been, had our dependence been placed exclusively on foreign nations. The impetus given to domestic manufactures was astonishing, resulting in their increase during the following year over those of the year previous, to the amount of more than fifty millions of dollars. Of this increase, Mr. Madison, in his message to congress the following session, makes most favorable mention, by declaring that he felt particular satisfaction in remarking that an interior view of the country presented many grateful proofs of the extension of useful manufactures; the combined product of professional occupation and household industry. He expressed his conviction that the change which had introduced these substitutes for supplies heretofore obtained by foreign commerce, might, in a national view, be justly regarded as of itself more than a recompense for those privations and losses resulting from foreign injustice, which first suggested the propriety of fostering them. Here then, from that system, while yet in the germ, was gathered an antepast of that immense fruition, which it was destined to yield, when its stately trunk had towered in symmetry and majesty toward heaven, imparting prosperity and security to millions of freemen, dwelling beneath its branches. But let it not be forgotten that it is to the persevering and unremitting exertions of Henry Clay that we are indebted for the planting and the growth of that goodly tree.
He had scarcely ceased from his efficient labors in procuring the adoption of the bill before mentioned, when another opportunity presented itself for the exercise of that expansive patriotism for which his every public act is distinguished, and one which he embraced with his characteristic eagerness and promptitude. There was strong prospect that the United States would be dismembered of a portion of her territory—the large and fertile district included between the Mississippi and Perdido Rivers, being the present states of Mississippi and Alabama, and the territory of West Florida, or the greater part of it. To prevent this, Mr. Clay came boldly forth, triumphing over all opposition, and clearly vindicated her right to it. The United States became possessed of it in 1803,when it was ceded to her by France, with every thing appertaining just as she had received it from Spain, who formally acquiesced in the cession in 1804. The United States, from conciliatory motives partly, and partly in consequence of events which they could not control, suffered it to remain in the possession of Spain, who temporarily exercised authority over it. But her authority was now being subverted, a large portion of the inhabitants of the province refusing to submit to it. Reports also were rife that agents despatched by the king of England, were actively engaged in endeavoring to induce the people to come under British government. In this emergency, president Madison, thinking that longer delay in taking possession of it would expose the country to ulterior events which might affect the rights and welfare of the Union, contravening, perhaps, the views of both parties, endangering the tranquillity and security of the adjoining territories, and afford fresh facilities to violations of our revenue and commercial laws, issued his proclamation, directing that immediate possession should be taken of the said territory. Mr. Claiborne, governor of Orleans territory, was instructed to take immediately the requisite steps for annexing it to that over which he presided, and to see that the laws of the United States were rigidly enforced, to which he yielded prompt obedience. At this conjuncture the cry that came up from the party opposing his administration was loud and long. They attempted to prove that this measure was not only impolitic and uncalled for, but extremely unjust toward Spain, intended to involve us in a war with England, who, as her ally, would take umbrage on account of it, and that it was also unconstitutional. The federalists, through the press, and in legislative assemblies, represented the country as already surrounded in circumstances of great peril in consequence of this procedure. A warm debate ensued in congress on a bill reported by a committee to whom the proclamation was referred, which declared that the laws then in force in the territory of Orleans, extended and had full force to the river Perdido. Mr. Pope, one of the committee, in a speech made at the time, explained the grounds which induced them to make the report, and was followed by Mr. Horsey, a senator from Delaware, in opposition. He pronounced the title of the United States invalid, thought it inexpedient to take possession of the territory by force, and questioned the right of the president to issue his proclamation to that effect. He declared that document both war and legislation, inasmuch as it authorized occupancy by military force, and invested a governor with all the authorities and functions in regard to the province in question, that he legitimately possessed in presiding over his own. His sympathies seemed to be strongly enlisted in behalf of the king of Spain, whose prospective loss he deplored in language of deep commiseration. His speech was in many respects able, but it had been much more appropriately deliveredin Madrid at the foot of the Spanish monarch’s throne, and in the presence of his court, than at Washington, beneath the ægis of liberty, and surrounded by patriotic and intelligent freemen. Mr. Clay regarded with feelings of deep regret as well as surprise, this anti-republican effort, this unnatural attempt by a son of Freedom to support the unfounded pretensions of a foreign prince to a portion of her own blood-bought soil,—that soil from which he drew his sustenance, and on which were reared those institutions that constitute it an appropriate asylum for the down-trodden of every other nation beneath the canopy of heaven. Although laboring under a severe indisposition, he could not, while he possessed the power of utterance, sit tamely still and listen to such sentiments promulgated in the very temple of liberty. He rose to reply in that graceful, dignified manner, so peculiar to himself. As he drew up his tall form into that commanding attitude which he was accustomed to assume as preliminary to a mighty parliamentary effort, it could be easily discovered in his countenance, what was the nature of his feelings, and how deep the fountain of eloquence had been stirred within him, whose effusions, directed with unerring precision, were soon to bear his auditory away on their resistless tide, to the goal on which his keen eye was fixed. This speech of Mr. Clay may justly be regarded as one of the most finished specimens of argumentative eloquence, profound investigation, purity of diction, and logical reasoning, that the records of any legislative body can furnish. It evinced by its demonstrative and inferential character, the most thorough and patient examination of the subject, in all its minute details, and indicated most clearly his main design to be, not a brilliant and striking display, calculated to please and captivate the fancy, but to array before the senate a formidable front of facts, to hem in the whole house with a wall of adamantine argument, which could be neither scaled nor sapped; and he was completely successful. He commenced by a brief exordium of the most caustic irony, which fell like molten lead upon the heads of his opponents. He expressed his admiration at the more than Aristidean justice which prompted certain gentlemen, in a question of territorial title between the United States and a foreign nation, to espouse the cause of the foreign, presuming that Spain in any future negotiations, would be magnanimous enough not to avail herself of these voluntary concessions in her favor in the senate of the United States. He said he would leave the honorable gentleman from Delaware to bewail the fallen fortunes of the king of Spain, without stopping to inquire whether their loss was occasioned by treachery or not, or whether it could be traced to any agency of the American government. He confessed that he had little sympathy for princes, but that it was reserved for the people, the great mass of mankind, and did not hesitate to declare that the people of Spain had it most unreservedlyand most sincerely. He went into a minute and circumstantial history of the territory in dispute, and proved by a chain of reasoning the most clear and satisfactory, that its title was in the United States. In doing this he adopted that mode which the nature of the subject suggested, by a critical examination of all the title papers, transfers, and all other documents in any way relating or appertaining to it. He examined the patent granted by Louis the XIV to Crozat in 1712, which patent covered the province in question, and declared that it was at that time designated by the name of the Province of Louisiana, and was bounded on the west by old and new Mexico, and on the east by Carolina. This document he regarded as settling the question beyond all doubt, that the country under consideration was embraced within the limits of Louisiana. He proved that it originally belonged to France, who claimed it by virtue of certain discoveries made by La Solle and others during the seventeenth century; that she ceded it to Spain in 1762, who retroceded it to France in 1800, by the treaty of St. Ildefonso, and that it belonged to the United States by purchase from her as a portion of Louisiana in 1803. After the most thorough investigation, considering all the ambiguous expressions unintentionally incorporated with the treaties relating to the territory, and applying to them the most impartial and rigid rules of construction, he presented the title of the United States to it as most indefeasible, and as standing on a basis which all the sophistry, and ingenuity, and ill-directed sympathy of the opposition could not shake. He then proceeded to inquire if the proclamation directing the occupation of property thus acquired by solemn treaty was an unauthorized measure of war and legislation. In this, his vindication of the course pursued by Mr. Madison was most triumphant. He proved by citing acts of congress passed in 1803–4, that the president was fully empowered to authorize the occupation of the territory.He maintained that these laws furnished ‘a legislative construction of the treaty correspondent with that given by the executive, and they vest in this branch of the government indisputably a power to take possession of the country whenever it might be proper in his discretion; so far, therefore, from having violated the constitution in the action he had taken and caused to be taken, he had hardly carried out its provisions, one of which expressly enjoined it upon him to see that the laws of the United States were faithfully and impartially executed, in every district of country over which she could rightfully exercise jurisdiction. After settling the questions of title and constitutional action of the president, he proceeded to notice some of the arguments of the opposition against taking forcible possession, which attempted to show that war would result. ‘We are told,’ said he, ‘of the vengeance of resuscitated Spain. If Spain, under any modification of her government, choose to make warupon us for the act under consideration, the nation, I have no doubt, will be willing to meet war. But the gentleman’ (Mr. Horsey) ‘reminds us that Great Britain, the ally of Spain, may be obliged by her connection with Spain to take part with her against us, and to consider this measure of the president as justifying an appeal to arms. Sir, is the time never to arrive when we may manage our own affairs without the fear of insulting his Britannic majesty? Is the rod of British power to be for ever suspended over our heads? Does congress put on an embargo to shelter our rightful commerce against the piratical depredations committed upon it on the ocean? we are immediately warned of the indignation of offended England. Is a law of non-intercourse proposed? the whole navy of the haughty mistress of the seas is made to thunder in our ears. Does the president refuse to continue a correspondence with a minister who violates the decorum belonging to his diplomatic character, by giving and deliberately repeating an affront to the whole nation? we are instantly menaced with the chastisement which English pride will not fail to inflict. Whether we assert our rights by sea or attempt their maintenance by land—whithersoever we turn ourselves, this phantom incessantly pursues us. Already has it had too much influence on the councils of the nation. It contributed to the repeal of the embargo—that dishonorable repeal which has so much tarnished the character of our government. Mr. president, I have before said on this floor, and now take occasion again to remark, that I most sincerely desire peace and amity with England; that I even prefer an adjustment of all differences with her, before one with any other nation. But if she persist 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.’ The effect produced by Mr. Clay’s speech was most obvious, inducing many of the most strenuous opposers of the course pursued by the president, who were firmly resolved on recording their votes in disapproval of it, to come frankly forward and candidly to acknowledge their error, and express their determination to sustain him in this measure. They were true to their declaration, and thus the approval of the proclamation was secured. But ‘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 imminently dangerous might have been the present condition of the republic.’
Mr. Clay’s labors during the remainder of the session were arduous and unremitted, as well as most valuable, to particular individuals as well as to the nation. The discharge of his dutytowards his country, he seems ever to have considered of the most pressing importance, and it is gladdening to the heart of every true American to witness the disinterested, the noble and generous manner with which it was performed. In whatever relations, and however circumstanced we find him, we see him presenting, in this respect, one unvaried aspect. He took an active part in all the discussions of consequence, where any important and essential principle was involved. He was several times appointed one of a committee, to whom matters of interest were referred. Here he displayed accurate discrimination, soundness of judgment, and great ability, in immediately discerning and seizing the strong points of a subject, calculated to render conspicuous its merits or expose its defects. He acted as chairman of a committee, to whom was recommitted a bill, granting a right of preëmption to purchasers of public lands, in certain cases, and reported it with amendments, which were read. After receiving some alterations, it was again recommitted, reported, and finally passed the senate. The cause of the poor settler and the hardy pioneer could not have been committed to better hands—to one who would more studiously and feelingly consult their best interests. Experience had made him acquainted with the privations, wants, and toils, which they were compelled to encounter, in causing the forest to recede before their slow, fatiguing march, and this opened a wide avenue to the fountain of his sympathetic feelings, which gushed spontaneously forth whenever he contemplated the evils and the difficulties which beset their path. This he exerted himself to render as smooth as possible. Hence he early and continually advocated a most liberal policy towards that class of his country’s yeomanry, maintaining that she should extend to them every facility in her power, consistent with wisdom and justice. Mr. Clay has always watched the movements of the emigrant with feelings of almost paternal solicitude, and wherever he has pitched his temporary tent, or made his permanent abode, there he has exerted himself to induce his country to extend her beneficial legislation, and to lay at his door as many of the benefits of civilized life as possible, with their ameliorating influences. How illiberal then, how unjust the attempts of those inimical to him, to convert his noble benevolence into a weapon of hostility against him, by endeavoring to procure credence for those senseless reports, which represented him as unfriendly to the interests of the emigrant, and as endeavoring to aggrandize himself at their expense. But time is fast dispelling the cloud of error, which was thus raised and caused to brood over the public mind, and the sun-light of truth is pouring in its irradiating beams, most clearly revealing the justice and wisdom of his advocacy, in relation to the public domain.
His attention was engrossed by other and correlative subjects soon after—that of the protection of the hardy back-woods men andfrontier inhabitants against Indian depredations, and the regulating of intercourse between them. He reported a bill supplementary to an act entitled ‘an act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontier.’ This was placed before a committee, of which he was chairman; and by his philanthropic exertions and diligent labors, the whole west were laid under deep obligations to him, for those wise measures adopted in reference to them, whereby their interests and lives were shielded against the predatory attack of the aborigines.
He warmly espoused the cause of the people of Orleans Territory, who were desirous of forming a constitution and government. Accordingly, on the twentieth of April of the same session, he succeeded in causing such action to be taken relative to the subject, as to secure an amendment of a bill before the senate, so as to require the laws, records and legislative proceedings of the state, to be in the English language. A few days subsequent, leave of absence was granted him during the remainder of the session.
On the third day of December, 1810, the commencement of the third session of the eleventh congress, Mr. Clay was found in his place in the senate. A subject that had been much agitated in private many months previous, and up to that time, was now brought forward for public discussion—that of re-chartering the United States bank. This was the all absorbing topic of the session, and called into exercise Mr. Clay’s most vigorous powers. His instructions from the legislature of Kentucky required him to oppose the re-charter of that institution, and these were in coincidence with his own views relative to it. It had been his design to limit his opposition to merely recording his vote against the renewal of its charter, without entering into the discussion which would probably ensue, but the virulent and menacing character of the proceedings of those advocating its re-charter, unsealed his lips, and caused him to apply the lash of his eloquence to their backs with most tremendous effect. These embraced the whole body of the federal, and many of the democratic party—an array of members and strength which might have deterred any ordinary man from confronting. Against this, he stood almost alone, deserted even by Mr. Pope, his colleague: yet he stood firm; and, from the effect that followed his exertions, proved himself more deserving the title of ‘Macedonian Phalanx,’ than the federal party to whom he had applied it. The attack was provoked by that party, and it was made in the spirit of conscious might, which not only meets opposition with the utmost certainty of overthrowing, but which seeks it. He alluded to that deep-seated prejudice in the public mind, against the bank, and the foundation of that prejudice. It did not escape his notice that the bank was created by the federal party—its warmest and most devoted friends, then resorting toevery expedient and means to prolong its existence. He was also well aware of the aid rendered that party, by Mr. Crawford and others, who had in this measure left the democratic ranks and gone over to it. He referred, also, to the astounding fact, that the institution was in reality in the hands of foreigners, since foreign capitalists were more deeply interested in its continuance than our own, who owned a moiety only of its stock; neither did he fail to suggest, that perhaps the violent struggle then going on to keep it in existence, was instigated and maintained, to no inconsiderable extent, by foreign influence. In no equivocal manner he depicted the absurdity, to say nothing of the danger, of permitting Great Britain to acquire such an influence as she evidently could acquire, by having her monetary interests, to so great an extent, identified with the United States bank—an influence which would place facilities in her hands, that, in case she felt disposed, she could use to our most serious detriment. These and many other considerations, he brought forward as furnishing good and valid ground of alarm, and legitimately calculated to awaken patriotic opposition. But his greatest fundamental objection was one which he derived from the constitution itself, and one which he urged with a vehemence sure to prevail. He maintained that no specific provision was found in that instrument, authorizing or permitting the charter of the bank, neither could it be so construed as to imply the power to that effect. In opposing, therefore, the renewal of its charter, his remarks were principally confined to the objectionable feature of its unconstitutionality; and they furnish one of the strongest arguments against a national bank ever made, and one that is often referred to as authority of a high order. It may be well to insert a portion of his speech, illustrative of their pertinence and beauty.
‘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 authorized congress to lay and collect taxes. In 1791 the power is referred to one part of the instrument, and in 1811 to another. Sometimes it is alleged to be deducible from the power to regulate commerce. Hard pressed here, it disappears, and shows itself under the grant to coin money.
‘What is the nature of the government? It is emphatically federal, vested with an aggregate of specific powers for general purposes, conceded by existing sovereignties, 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 implication. It is one of the most exalted acts of sovereignty. In the exercise of this giganticpower we have seen an East India Company erected, which has carried dismay, 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 imagined 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 necessarily 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 convention were to leave as little as possible to implication. In all cases where incidental powers are acted on, 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 specific power. In other words, under the name of accomplishing one object which is specified, the power implied ought not to be made to embrace other objects which are not specified in the constitution. 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 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 individual department of the 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 had been stolen, that your books of precedents furnish no form for his case, but then you will grant him a precept to search for a cow, and when looking for that he may possibly find his turkey! You say to this corporation, we cannot authorize you to discount—to emit paper—to regulate commerce—no! our book has no precedents of that kind. But then we can authorize you to collect the revenue, and whilst occupied with that, you may do whatever else you please.
‘What is a corporation, such as the bill contemplates? It is a splendid association of favored individuals, taken from the mass of society, and invested with exemptions, and surrounded by immunities and privileges. The honorable gentleman from Massachusetts has said that the original law establishing the bank was justly liable to the objection of vesting in that institution an exclusive privilege,—the faith of the government being pledged that no other bank should be authorized during its existence. This objection, he supposes, is obviated by the bill under consideration; but all corporations enjoy exclusive privileges—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 regulate contracts, to declare the capacities and incapacities to contract, and to provide as to the extent of the responsibility of debtors to their creditors. If congress have the power to create an artificial body and say it shall be endowed 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 association of individuals shall be responsible for their debts only in a certain limited degree, what is to prevent an extension of a similar exemption to individuals? Where is the limitation upon this power to set up corporations? You establish one in the heart of a state, the basis of whose capital is money. You may erect others, whose capital shall consist of land, slaves, and personal estate, and thus the whole property within the jurisdiction of a state might be absorbed by those political bodies. The existing bank contends that it is beyond the power 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. This government has the power to lay taxes, to raise armies, provide munitions, make war, regulate commerce, coin money, etc., etc. It would not be difficult to show as intimate a connection between a corporation established for any purpose whatever, and some one or other of those great powers, as there is between the revenue and the bank of the United States.’
Mr. Clay noticed the danger to which the United States wereexposed from the fact that the capital of the bank was principally subject to foreign control, in the following glowing language.
‘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 almost every thing else. The specie circulation of the United 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 concentration 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, 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 the institution. 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 benefited by the possession of this foreign capital!’
His powerful arguments and convincing reasoning prevailed—resulting in a most signal victory over those opposed to him, who entered on the discussion with sanguine expectations of success. The charter was not then renewed. Many more subjects of interest came before the senate during the session of 1810–11, in the consideration of which he displayed his usual zeal and solicitude in behalf of the interests of the commonwealth, which were now with favor generally recognized. Mr. Clay had produced an impression of his eloquent powers and brilliant talents, that was not confined to his associates and those witnessing their every day exercise, but it was as extensive as his country. His reputation as a debater, orator, and sound logical reasoner, was now immovably established. The star of his fame, which first appeared in the political horizon, under circumstances of doubt and gloom, struggling through dense clouds of indigence and obscurity, emitting what political animosity termed an ignis fatuus glare around the cabins of the emigrant and the hunter in western forests, was now in the ascendant, illuminating and vivifying, not only the woody homes, the rural hamlets, and sylvan abodes of his own forest land, but mingling its bright beams most beautifully with those that streamed fromLiberty’s altar. Henceforth it will be our delightful duty to mark it steadily careering its glorious way upwards, higher and higher, making its blessed influences to be felt in every nook and corner of our extensive country, penetrating the kingly court, flashing amid the diadems of crowned heads, and introducing hope and peace into the tenement of the oppressed on distant shores. It was obvious to the least penetrative vision that it was then rapidly and steadfastly approaching the zenith, when its effulgence would illumine the world.
At the close of his second term of service, which was for two years, he returned to Kentucky, but his fame had preceded him—the eyes of Kentuckians had been fixed gratefully on him during his senatorial services, and they were prepared to return him speedily to the halls of congress, to adorn which, he had given such abundant proof of his capability. According to the proclamation of the president, congress convened on the fourth day of November, 1811, and on the first ballot for speaker to the house of representatives, Mr. Clay was elected by a majority of thirty-one over the opposing candidates. When it is recollected that this was his first appearance in that body, it must be regarded as a remarkable occurrence, and entirely aside from the ordinary course of events; indeed, as an instance of early and strong confidence reposed in one, to which a parallel cannot be found in the history of any individual. There were many circumstances, however, explanatory of this hasty, unreserved reliance. He was known to have acted in that capacity in the legislature of Kentucky, and to have discharged its duties with singular ability and acceptance; also of his conspicuity in the senate they were not ignorant, and perhaps a desire to see Mr. Randolph, of Virginia, restrained in his gross violations of order and decorum, for which he was noted, whom it was imagined Mr. Clay could curb, induced several members to vote for him, who otherwise had not supported him for the office. That confidence so generously, spontaneously, and by him so unexpectedly yielded, he very appropriately noticed, in a pertinent speech made by him on assuming the responsible station, and he proved by his faithfulness, zeal, and decision, with which he discharged its onerous duties, that it was most judiciously confided. He showed himself equal to the task of curbing Mr. John Randolph, or any other turbulent spirit in the assembly over which he presided. He was subsequently chosen several times to fill the same important post, and never did he betray his trust, or disappoint the just expectations of his friends. The manner in which he exercised his authority may be considered as somewhat stern, slightly approximating to arbitrariness, evincing great decision and firmness of character, and a disposition not to tolerate the slightest disrespect or indignity towards the house. During the long period in which he discharged the functions of speaker, including many sessionsof great turbulence and strife, not one of his decisions was ever reversed on an appeal from the chair. This fact speaks volumes in his praise.
At the time when he was inducted into his office, the affairs of the republic were in an exceedingly critical condition. Those who had been sustaining themselves with the cherished expectations that England would repeal her orders in council, since the revocation of the edicts of France had removed the causes inducing their passage, now utterly abandoned them, on beholding her, instead of relaxing, enforcing them more rigorously than ever. To every unbiassed mind, the time seemed to have arrived when it was necessary to rise and put a stop to the long series of unprovoked depredations and outrages, committed against our commerce, by both that and the French nation. Such was the juncture of affairs as to make it obvious that if the American nation would preserve the semblance of freedom even, and command national respect, she must resort to more efficient measures than she had hitherto employed; that she must retrieve her tarnished honor, and vindicate boldly her rights. France manifested some disposition to be influenced by the remonstrances of the United States against her spoliations, by rescinding the opprobious Berlin and Milan decrees of Napoleon, which she had so construed as to make them sanction the seizure and confiscation of our property. Not so, however, with Great Britain; she refused to recognize their repeal, and even pretended to deny that they had been revoked. She still persisted in obstructing the commerce of America, declaring all the ports of France in a state of blockade, seizing our merchantmen bound to them, and confiscating their cargoes, in direct violation of the law of nations, permitting any neutral power to trade to any foreign port, when the blockade is not maintained by the actual presence of an adequate force. But England, by proclamation, blockaded every French port, from the Elbe to Brest, interdicting all vessels from entering them which did not carry on their trade through her, and seized such as made the attempt, while at the same time she neglected to keep a naval force on the coast of France sufficient to legalize the blockade. Her cruisers pursued our trading vessels to the very mouths of our own rivers and harbors, and seized, condemned, and confiscated them for violating this pseudo blockade. It seemed, by the number and enormity of the illegalities practiced towards us by Great Britain, as though she had commenced an organized, systematic crusade against our commerce, which aimed at nothing less than its utter extinction. But her barbarous system of impressment capped the climax of her cruelties. Under the assumed right of searching our ships, thousands of our seamen had been forced into her service on suspicion that they were British subjects. This execrable custom had carried seven thousand American freemen into captivity,as appeared from official reports made during that session, and the number was constantly augmenting; scarcely a breeze came across the Atlantic without wafting to our shores intelligence of some fresh enormity. To submit quietly to such unheard of oppression, would be an anomaly in the history of civilized nations. To expect redress by mild measures was out of the question. These had long been tried and found ineffectual. Madison, Pinckney, and Monroe, in their correspondence with the British government, had remonstrated again and again, but to no other purpose than to embolden the aggressor in his nefarious proceedings. There seemed, therefore, no alternative left the United States but to put themselves strongly on the defensive, and by force of arms, put a stop to these accumulating injuries. Every thing lovely in liberty, every thing sacred and hallowed in the memory of those by whom it was won, protested against further forbearance, and forbade further delay in unsheathing the sword of retributive justice. In short, the conviction had become deep and settled that nothing short of war could preserve an inch of canvass on an American vessel, on the face of the ocean.
Thus circumstanced, the United States seemed to be shut up to forcible resistance. The eyes of the whole country were turned towards congress, looking for measures of relief. It had been convened earlier than usual, that the subject of a declaration of war might come speedily before them. It is needless to remark that Mr. Clay’s views were favorable to war. An individual like him, jealous of his country’s honor almost to a fault, who could never contemplate oppression but with feelings of the deepest detestation, nor without experiencing the instantaneous desire to punish it; would grasp the weapons of defence instinctively, and if necessary, pour out his blood like water, rather than bow submissively beneath the galling yoke. With him, then, there was no equivocation nor hesitation, in advocating prompt warlike action, although he was compelled to do it in the face of formidable opposition. There was a strong party in the United States at that time, friendly to Great Britain, and disposed, rather than array themselves against her in a sanguinary conflict, to submit quietly to her rapacious attacks upon our liberties and lives. This party was well represented in congress. Many members of talent and influence were found in its ranks, in both houses, and they did not hesitate to employ them detrimentally to the interests of their country. But happily these found in him a giant champion—one who was well able to guard them, and willing to spend his last energy in their support. Lowndes, Calhoun, and other powerful coadjutors also stood with him, who labored hard to inspire the same ardent flame of patriotism in the breasts of others, that burned so intensely in their own.
In the message of the president, the causes of complaint againstGreat Britain were stated, and also a concise summary of the abuses we had received, and were then receiving at her hands. It recommended the adoption of efficient and immediate measures of redress, by providing the means of prosecuting vigorously a war of defence and offence. This document was referred to a committee, which was selected by him. He was extremely solicitous that the subject of our foreign relations should receive that consideration which their exceedingly interesting character demanded; and to secure this, he was careful to choose those whose views, in reference to them, coincided with his own. Peter B. Porter, of New York, was the chairman of the committee. He presented their report to the house on the 29th of November. It stated succinctly and in a patriotic tone, the injuries we had received at the hands of both England and France, denominating them as ‘so daring in character, and so disgraceful in execution, that it would be impossible for the people of the United States to remain indifferent. We must now tamely and quietly submit, or we must resist by those means which God has placed within our reach. Your committee would not cast a slander over the American name, by the expression of a doubt which branch of this alternative will be embraced. The occasion is now presented when the national character, misrepresented and traduced for a time, by foreign and domestic enemies, should be vindicated.
‘If we have not rushed to the field of battle like the nations who are led by the mad ambition of a single chief, or the avarice of a corrupted court, it has not proceeded from a fear of war, but from our love of justice and humanity. That proud spirit of liberty and independence, which sustained our fathers in the successful assertion of their rights against foreign aggression, is not yet sunk. The patriotic fire of the revolution still burns in the American breast, with a holy and inextinguishable flame, and will conduct this nation to those high destinies which are not less the reward of dignified moderation than of exalted virtue.
‘But we have borne with injury until forbearance has ceased to be a virtue. The sovereignty and independence of these states, purchased and sanctified by the blood of our fathers, from whom we received them, not for ourselves only, but as the inheritance of our posterity, are deliberately and systematically violated. And the period has arrived, when, in the opinion of your committee, it is the sacred duty of congress to call forth the patriotism and resources of the country. By the aid of these, and with the blessing of God, we confidently trust we shall be enabled to procure that redress which has been sought for by justice, by remonstrance and forbearance, in vain.’
They introduced into the report suitable resolutions for accomplishing the object which it proposed, which received the deliberate and careful consideration of the house.
Mr. Clay, being in the chair, had little opportunity to engage in the stirring debate that followed, yet he seemed to infuse a portion of his own glowing spirit into the friends of the measure, which caused others to approach it in the most determined resolution of sustaining any feasible and just course calculated to sustain the dignity and honor of the nation. The doctrines of the report were soon known throughout the country, and were hailed by the great mass of the people with every demonstration of approbation, and the echoes of their loud rejoicings rang back through the halls of congress like the tones of the ‘storm stirred deep,’ with most thrilling effect on the hearts of their representatives. The whole nation was kindled into a blaze by that document; it was what the people had been expecting, and impatiently waiting for. This applied the last bundle of fagots to the flame of patriotism that burned in the hearts of millions remote from the neighborhood of the outrages complained of, the extent and enormity of which, vague rumor only had conveyed to them. But this instrument made them acquainted, not only with their number, but also with their turpitude and murderous design. It showed them, on the one hand, the haughty, menacing attitude of England, and on the other, our own crouching, succumbing posture at her feet.It placed in bold relief before them, the barbaric depredations of the former on the ocean, her inhuman treatment of our seamen, and the huge paw of her lion tearing and lacerating our commercial interests whenever it could be placed upon them. The exhibition was viewed with feelings of surprise and indignation, causing them to stand aghast, and with difficulty to credit the evidence of their senses—to believe the picture accurately drawn. But the period of their stupified amazement was brief, and then the loud yell of vengeance which succeeded, was such as freemen only can send up when the iron heel of oppression is on their necks, and their precious heritage in his ravenous jaws. Like the earthquake, it shook the whole land, and its burden, repeated from every hill-top and valley, was war, vindictive war. For this there was great unanimity among the populace, who could not rest, now that the knowledge of the long-inflicted wrongs was brought to their dwellings; but there was not a corresponding unanimity in congress. It was painful to Mr. Clay to witness, in some members, a manifestation of awe and reverence even towards Great Britain, and in others, feelings of favor. By the revelations that had been made, his soul was wrought up to the highest point of manly and bold resistance, and he could not conceive it possible, that free legislators, similarly circumstanced with himself, could be affected otherwise. In many he witnessed a disposition to believe that the country was not in a suitable condition to commence and carry successfully on a war with so formidable a power as England. Our small and badly equipped army, our depressed navy, exhaustedtreasury, heavy indebtedness, and general lack of the requisite means, were pleaded by those opposed to the rupture. But Mr. Clay, in the towering majesty and strength of an intellectual giant, took all the obstacles and objections which their combined force could bring forward, in his powerful grasp, and compressed them into a nut-shell, entirely divested of their intimidating power. Among those opposed to war was Mr. Randolph. ‘Mr. Randolph’s intellect was then in its vigor, and the effort which he made in opposition to the report of the committee was perhaps the greatest in his whole congressional life. The extensive resources of his mind, the stately march of his eloquent periods, the startling flashes of his indignation, and the sneering devil that lurked in his tone and look, rendered him an opponent at that day, whom it was by no means safe to encounter. Mr. Clay was the only man in the house, who could dash aside, with unerring certainty, the weapons of this Ishmael.’
On the sixth of December the house resolved itself into a committee of the whole, and took up the report. After a brief speech from Mr. Porter, elucidating and maintaining its positions and resolutions, it was adopted. It furnished ground of discussion in the house for several days, warmly and vigorously sustained by its friends, and violently opposed by its enemies. Among the latter, Mr. Randolph rendered himself the most conspicuous, both by his anti-republican and eccentric views, and the hostility evinced by him towards all who dissented from them, whom he visited with the most bitter personal invective. His fertile imagination conjured up a host of reasons, to deter us from embarking in the offensive war, which the report recommended. He threatened the advocates of it with the total loss of their political power, and magnified the might of England to an overwhelming extent; suggesting that it would be far more appropriate to approach her in a suppliant position, with downcast looks and folded arms, than to rush with shield and buckler and rashly dare her to the conflict. He seemed to sympathize with Great Britain, deprecating that censure heaped upon her as unjust, and advocated the policy of farther negotiations with her. His arguments, and those of his friends, were, however, unavailing, and when the debate ceased, the resolutions were separately adopted by large majorities.
On the thirty-first of December, the house again resolved itself into a committee of the whole on a bill from the senate providing for the raising of twenty-five thousand troops. Mr. Breckenridge being in the chair, an opportunity was furnished Mr. Clay to express his views in relation to it, which he embraced. Among those in favor of war in the house, much diversity of opinion prevailed in regard to the number of men it was desirable to raise. Many were in favor of fifteen thousand only—a force in hisestimation by far too small to meet the exigences which had then arisen, and would be likely to arise. The secretary of war, in his report, had stated that at least twelve thousand troops would be wanted for the sole purpose of garrisoning the fortresses on the sea-board. During the progress of the proposed war, it might be deemed important to attack and subjugate Quebec in Canada, in which case it would be necessary, he contended, to post in the various military stations of strength on the route, a considerable number of men, to retain their possession. Allowances he thought should be made for the various contingences probable to occur, always incident to the operations of an army, and calculated to diminish their number. Even if the projected invasion of the British Provinces should be abandoned, Mr. Clay contended that the single circumstance of the immense extent of frontier to be guarded, rendered it obvious that twenty-five thousand men would constitute a force by no means too large. Inasmuch as it was the painful but imperative duty of America to strike the blow, he was in favor of so concentrating her energies, that when it fell, there would remain no necessity for its repetition. Subsequent events have proved his policy both wise and sagacious.
Mr. Randolph mingled his erratic and visionary views in the discussion, and exerted himself to the utmost, to foment prejudice against a regular army; the effect of which would be worse than that of the locusts of Egypt, famishing, impoverishing, and deluging the country with blood, and erect a throne, to some idol conqueror. Said Mr. Clay in reply, ‘I am not 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 information among the great body of the people, constitutes a powerful safeguard. The American character has been much abused by Europeans, whose tourists, whether on horse or foot, in verse and prose have united in depreciating it. It is true we do not exhibit as many signal instances of scientific acquirement in this country, as are furnished in the old world, but it is undeniable that the great mass of the people possess more intelligence than any other people on the globe. Such a people, consisting of upwards of seven millions, affording a physical power of about a million of men capable of bearing arms, and ardently devoted to liberty, cannot be subdued by an army of twenty-five thousand men. The wide extent of country over which we are spread, is another security. In other countries, France and England for example, the fall of Paris or London isthe 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 a 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 successful support from the west. A great portion of the militia, nearly the whole, I understand, of Massachusetts, 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, besides 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 subverted—such a people have nothing to fear from a petty contemptible force of twenty-five thousand regulars.’
Many of the opposition affected to believe that the interests of the country would not be subserved, whether the war eventuated in her favor, or that of her enemy; they could see nothing to be gained by it; to which Mr. Clay said, ‘I will ask what are we not to lose by peace?—commerce, character, a nation’s best treasure and honor! If pecuniary considerations alone are to govern, there are sufficient 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 denomination—we lose annually, in revenue alone, ten millions 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 former state, the orders in council continuing. Without an export trade, which these orders prevent, inevitable ruin will ensue if we import as freely as we did prior to the embargo. A nation that carries on an import trade without an export trade to support it, must in the end be as certainly bankrupt, as the individual would be who incurred an annual expenditure without an income.’
Mr. Clay contended that England, in assigning the cause of her aggressions to be the punishment of France, with whom she was at war, was practicing a deceptive part; that this was her ostensible and not real course. It was her inordinate desire of supremacy on the seas, which could not brook any appearance of rivalry, that prompted her hostilities. She saw in your numberless ships, which whitened every sea, in your hundred and twenty thousand gallant tars, the seeds of a naval force, which, in thirty years, would rival her on her own element. She therefore commenced the odioussystem of impressment, of which no language can paint my execration! She DARED to attempt the subversion of the personal freedom of your mariners!
He closed by expressing his decided conviction of the justice of the undertaking, and hoping that unless redress was obtained by peaceable means speedily, war would be resorted to before the close of the session.
On the fourth of January following, the bill passed the house, after several ineffectual attempts to introduce amendments, by a vote of ninety-four to thirty-four, several voting for, who at the commencement of the discussion were bitterly opposed to it. This was the initiatory step taken by the government in relation to the war.
On the twenty-second of the same month, the committee to whom that portion of the president’s message was referred that contemplated a naval establishment, reported a bill in favor of its increase. To this also Mr. Clay gave his most vigorous support, advocating the construction of several warlike vessels, combating the many specious objections of those opposed to its increase, and showed clearly their fallacy. He described three degrees of naval power. The first was one of sufficient magnitude and strength as would enable us to go forth and successfully cope with that of any belligerent nation on the globe. But such a force, he contended, it was out of the power of the American nation to raise, neither under her present circumstances was it particularly desirable.
The second, was one by which we should be able to beat off any naval force or armament which Great Britain, or any other nation, might be able to send to and permanently station on our coasts. The force requisite would be about one third of that despatched by the foreign nation, according to nautical experience. He estimated that twelve line-of-battle ships and fifteen or twenty frigates would be sufficient to keep at bay the most formidable fleet England could send against us and maintain in American waters, during her conflict with European powers. A naval force like that, however, he admitted could not be raised then, but he urged congress to take such measures as should secure its construction as soon as possible, and estimated that its completion might be confidently expected in a few years. To him there was nothing in the vast extent of Great Britain’s naval resources intimidating. He maintained that her great distance from us, the perils which would environ a squadron on a foreign shore, and the ease with which, from the extent of our sea-coast, we could harass or escape an enemy, furnished proof sufficient to convince any unprejudiced mind, that we should be able very soon to assemble a navy capable of maintaining all our maritime rights and interests. The correctness of Mr. Clay’s views has since been amply verified, and the accuracy with which he foresaw and foretold futureevents shows him to have been gifted with no ordinary degree of prescience.
The third degree of naval force, Mr. Clay regarded as entirely in the power of the nation to raise and sustain. It was a force competent to prevent any single vessel, however large, from interrupting our coasting trade, from entering our harbors, and levying contributions from our large cities. This he argued and proved was within the immediate means of the nation, although vigorously opposed by those hostile to the war. He triumphed, however, singularly over them, reprobating with severity the policy that refused to provide against any dangers because it could not guard against all. ‘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?’
It was Mr. Clay’s ardent desire to provide a navy whose power should be commensurate with the interest it was designed to protect. This, our limited means in actual possession, the unavailability of those in our immediate vicinity, but above all, the depressing tendency on our financial department of those measures of inhuman cruelty towards our mariners on the one hand, and of arbitrary commercial exactions on the other by transatlantic powers, forbade us to expect. His remarks at that time in relation to this branch of our national defence, are worthy of the most attentive perusal. They abound with lucid argument, beautiful illustration, and convincing demonstration, with which it would be difficult to find a speech of similar length more replete.
It was an invariable rule with Mr. Clay, from which we find no instance of his deviation, whenever he investigated a measure of a public nature, to determine first accurately its bearing upon the whole community; how the happiness and prosperity of the nation would be affected by its introduction; and in the second place to graduate his efforts accordingly. Although rich in menial resources, possessing an inexhaustible intellectual mine, and an unfailing fountain of eloquence, he never drew largely on these when a subject of chimerical sectional importance came before him. It was only when one involving the public honor or dishonor arose—one on which the destinies of the republic were suspended—one which aimed at subverting or upholding the liberties of the people—that he made great drafts on them. He never wandered through the interminable wilds of diffuse debate, undetermined and undirected. As a skilful physician ascertains the state of his patient before prescribing for him, so Mr. Clay, previous to legislation, carefully scanned the social, civil, and political condition of the whole region for which he was to legislate, and then, without any meandering or circumlocution, procured and applied the appropriate remedy. Though often found amid the dust of debate, it was not of his own raising. The caballers of faction, the moreeasily to accomplish their base designs, often darkened the political atmosphere, which one blast of his eloquence seldom failed to purify. Perhaps at no previous period in our political history were demagogues, both in and out of congress, more busily or violently engaged than at this. Disclosures of the most astounding character had been made, and were making, by which it appeared that there were those who waited only for a suitable occasion to barter away their country’s freedom for foreign gold. The arguments of those who opposed an increase of our navy were of such a nature as to cause their patriotism to be questioned. Notwithstanding it was a fact which could not be concealed, that our sea-coast was entirely defenceless and exposed to the ravages of a hostile nation, and our commerce crippled, many contended that nothing beneficial could be realized from such increase, and even went so far as to say that our foreign commerce was not worth protecting. Mr. Clay was convinced that it was the most provident measure that could under the then existing circumstances be adopted, and advocated it with a zeal and energy that knew no bounds. He demonstrated its necessity, not only to the Atlantic states, but to the vast west. ‘If,’ said he, ‘there be a point more than any other in the United States demanding the aid of naval protection, that point is the mouth of the Mississippi. The population of the whole western country are dependent on this single outlet for their surplus productions. These productions can be transported in no other way. Close the mouth of the Mississippi, and their export trade is annihilated. Abandon all idea of protecting by maratime force the mouth of the Mississippi, and we shall hold the inestimable right of the navigation 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! Can gentlemen, particularly from the western country, contemplate such possible, nay probable events, without desiring to see at least the commencement of such a naval establishment as will effectually protect the Mississippi?’ He showed the intimate connection of commerce with a navy, by saying that ‘a marine is the natural, the appropriate guardian of foreign commerce. The shepherd and his faithful dog are not more necessary to guard the flocks that browse and gambol on the neighboring mountain. Neglect to provide the one, and you must abandon the other. Suppose the expected war with Great Britain is commenced—you enter and subjugate Canada, and she still refuses to do you justice—what other possible mode will remain to operate on the enemy, but upon that element where alone you can come in contact with her? And if you do not prepare to protect there your own commerce and to assail his, will he not sweep from the ocean every vessel bearing your flag,and destroy even the coasting trade?’ To the argument that foreign trade was not worth protecting, he asked, ‘What is this foreign commerce that has suddenly become so inconsiderable? It has with very trifling aid from other sources, defrayed the expenses of the government ever since the adoption of the present constitution, maintained an expensive and successful 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.’ Alluding to the eminent danger of our commercial metropolis, he remarked, ‘Is there a reflecting man in the nation who would not charge congress with a culpable neglect of its duty, if for the want of such a force a single ship were to bombard one of our cities? Would not every honorable member of the committee inflict on himself the bitterest reproaches, if by failing to make an inconsiderable addition to our gallant little navy, a single British vessel should place New York under contribution?’
Mr. Clay’s arguments went home to the hearts of the members of the house with most convincing energy, dispelling the dense cloud of prejudice which interested faction, strongly controlled by foreign influence, had succeeded in raising, driving his opponents from their strong holds of open opposition, and dragging from their hiding places those who were dealing their blows in secret. He succeeded in causing the congressional pulsations to be in unison with his own—to pass the bill by a handsome majority. Thus an appropriation was secured for repairing and enlarging the shield of our protection, that it might be able to meet and ward off the blow that seemed about to descend upon us, secured mainly by the indefatigable exertions of Mr. Clay. The result was in complete accordance with his far-seeing sagacity. Augmented and equipped according to the provisions of the bill, our navy was sent forth to battle and to victory. With the cry of our impressed and suffering seamen, mingled soon the joyful notes of triumph; release speedily succeeded; aggression ceased, and beneath the ‘star spangled banner,’ respected and honored, our merchantmen pursued their way to traffic where they pleased unmolested.
Most of the state legislatures signified their approval of the measures adopted by congress in relation to the war by corresponding resolutions. Kentucky early regarded with just indignation the tyrannical treatment of Great Britain, and evinced a disposition to resort immediately to coercive measures for redress, and guarantied her support to the extent of her ability to any course the general government might think proper to pursue. She declared that ‘should we tamely submit, the world ought to despiseus—we should despise ourselves—England herself would despise us.’ In view of the prospect of immediate rupture, she resolved that ‘the state of Kentucky, to the last mite of her strength and resources, will contribute them to maintain the contest and support the right of their country against such lawless violations, and that the citizens of Kentucky are prepared to take the field when called on.’
After the passage of the navy bill, which was on the 29th of January, 1812, congress was employed with matters pertaining to our relations with Great Britain, in all of which Mr. Clay exhibited untiring energy and unflagging zeal. In the language of another, ‘in all of them Mr. Clay was the champion and the guide of the democratic party. No difficulties could weary or withstand his energies. He moved in majesty, for he moved in strength. Like the Carthaginian 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 progress, applauding the foremost of his followers, and rousing those who lingered by words of encouragement or reproach, until he succeeded in posting them upon a moral eminence from which they could look down upon the region where their prowess was to meet its long expected reward.’
On the first day of April ensuing, the following document was transmitted by the president to congress:
‘Considering it as expedient under existing circumstances and prospects, that a general embargo be laid on all vessels now in port, or hereafter arriving, for the period of sixty days, I recommend the immediate passage of a law to that effect.’
Mr. Porter, the chairman of the committee on foreign relations, to whom the message was referred, reported a bill, and the house went into a committee of the whole to consider it. A warm and protracted discussion ensued, and Mr. Clay was among the first to come forward and express his hearty concurrence with the opinion of Mr. Madison relative to the embargo. ‘I approve of it,’ said he, ‘because it is to be viewed as a direct precursor to war. As an American and a member of that house, he felt proud that the executive had recommended the measure.’
As a matter in course, those who opposed war opposed the embargo, which was obviously intended as a step preparatory to it, to give sufficient time to place our commercial interests in a secure condition, so that when hostilities should actually commence, our trading vessels should not be in a situation to become an easy prey to British cruisers. Among the most rabid was Mr. Randolph, who denounced the embargo, and in opposition to Mr. Clay, declared it a subterfuge—a retreat from battle—and not a step preparatory to war. ‘Sir,’ said he, ‘we are now in secret conclave. The eyes of the world are not upon us, but the eyes of God behold our doings. He knows the spirit of our minds. Shall wedeliberate on this subject in the spirit of sobriety and candor, or with that spirit which has too often characterized our discussions like the present? We ought to realize that we are in the presence of that God who knows our thoughts and motives, and to whom we must render an account for the deeds done in the body. What new cause of war or of an embargo has arisen within the last twelve months? The affair of the Chesapeake is settled; no new principles of blockade have been interpolated in the laws of nations. Every man of candor would ask why we did not then go to war twelve months ago.’ He said that the honorable speaker was laboring under a mistake by declaring that the message was for war; that he (Mr. Randolph) had ‘too much reliance on the wisdom and virtue of the president to believe that he would be guilty of such gross and unparalleled treason.’
Mr. Clay replied in a becoming manner, in language that fell upon the house burning with the fire of his patriotic eloquence. ‘The gentleman from Virginia need not have reminded them in the manner he had of that Being who watched over and surrounded them. From this sentiment we should draw very different conclusions from those which occurred to him. It ought to influence them to that patriotism and to a display of those high qualifications, so much more honorable to the human character. The gentleman asks what new cause of war has been avowed? The affair of the Chesapeake is settled, to be sure; but only to paralyse the spirit of the country. Has Great Britain abstained from impressing our seamen—from depredating upon our property? We have complete proof in her capture of our ships, in her exciting our frontier Indians to hostility, and in her sending an emissary to our cities to excite civil war, that she will do every thing to destroy us. Our resolution and spirit are our only dependence. Although I feel warm upon this subject, I pride myself upon those feelings, and should despise myself if I were destitute of them.’
Mr. Randolph still persisted in his intemperate opposition, averring that public sentiment was not in favor of either the embargo or war, and said that he had ‘known gentlemen not inferior in gallantry, in wisdom, in experience, in the talents of a statesman, to any upon the floor, consigned to oblivion for advocating a war upon the public sentiment.’ That the public mind was averse to these measures, Mr. Clay proved to be not true, by citing the great unanimity in the southern and western states, among both federalists and republicans, and the unequivocal resolutions of fourteen state legislatures in favor of both. If possible, Mr. Randolph was exceeded in the fierceness of his opposition by Mr. Josiah Quincy of Massachusetts; at least by the low and scurrilous language in which he expressed it. He condemned the embargo as treasonable to the interests of the nation, as absurd and contrary tocommon sense. He boasted of having sent, in connection with his colleagues, expresses to the eastern cities, in the expectation that an embargo would be laid, that information to that effect might be given to merchants, so that they could obtain clearances for their vessels before it should take effect. Said he, ‘we did it to escape into the jaws of the British lion and of the French tiger, which are places of repose, of joy and delight, when compared with the grasp and fang 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 instead of preserving them. I object to it because it is no efficient preparation, because it is not a progress towards honorable war, but a subterfuge from the question. If we must perish, let us perish by any hand except our own; any fate is better than self-slaughter.’
In meeting the storm of opposition which raged like a tempest around him, Mr. Clay is represented to have been ‘a flame of fire.’ He had now brought congress to the verge of what he conceived to be a war for liberty and honor, and his voice, inspired by the occasion, ran through the capitol 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 shame those of his opponents who flouted the government as being unprepared for war. ‘Why is it,’ he exclaimed, indignantly, ‘that we are no better prepared? Because the gentlemen themselves have thrown every possible obstacle in our way! They have opposed the raising of an army—the fitting out of a naval armament—the fortification of our frontiers—and now talk of the madness of engaging 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? Has Great Britain abstained from impressing our seamen? I have no doubt but that the late Indian hostilities on the Wabash were excited by the British. Is not this cause of war?’
There was no withstanding his eloquent and patriotic appeals. They made every heart in the house vibrate and glow with intense desire to arouse and avenge the aggravated abuse heaped upon us by our foreign foe.
After an ineffectual attempt to procure an amendment to the bill by extending the embargo to ninety days, it passed by a vote of seventy to forty-one. It was then sent to the senate, which introduced the amendment proposed in the house, which was adopted by it, and after receiving the signature of the president, it became the law of the land on the fourth day of April.
Now war had become the settled policy of the nation; indeed the first initiatory step was taken. The Rubicon had been approached, and not to cross it would entail disgrace. Congress, therefore,set vigorously about preparing for war. The tardy procedure of government in bringing the subject to a crisis, it was thought would operate prejudicially in its prosecution, by allowing the eagerness and zeal then so prevalent for the conflict to subside. A result of the correspondence then going on between America and England, and which was continued after the embargo had taken effect, was, to render undecided a large and patriotic portion of the people, who were earnest in demanding redress, but as long as there was the slightest prospect of obtaining it by negotiation, chose to delay rather than meet the expenses and horrors of war. Hopes were entertained, from time to time, by the tone of the British minister’s communications, that all differences between the two nations would be pacifically arranged. But it soon appeared obvious, that nothing satisfactory would be proposed by him, that Great Britain had an ulterior object in view, in causing such expectations to be created, and that it would be better to abandon at once, and forever, all reliance upon this mode of procedure, resorted to from motives of the most amicable nature, on the part of the United States, and pursued so long and faithfully, yet ineffectully. Hope finally fled, though reluctantly and with a heavy heart, casting many ‘a lingering look behind,’ and ‘grim visaged war’ assumed her place. The most amicably disposed threw down the olive branch, and seized the sword. Remonstrance, entreaty, argument, and forbearance had been exhausted, and the nation, conscious of the righteousness of her cause, arose, buckled on her armor, and appealed to the God of battles for the maintenance of her rights.
Mr. Clay was one of a deputation appointed to wait upon Mr. Madison, to urge upon him the pressing necessity of making speedy and efficient preparation for the event which would inevitably occur. The views of congress, and of the country generally, relative to the subject of war, he spread before the president, argued that it was impolitic to waste any more time in fruitless negotiation, and expressed his sincere conviction, that, with their present resources, and those of which they could avail themselves, judiciously employed, as they would be by patriotic and indignant freemen, no alarming apprehensions need be entertained respecting the nature of the result. The muscular and mental energies of a free and united yeomanry of an independent and enlightened nation, arrayed in defence of home and every thing that made it happy, he believed constituted a force invincible—one that could not be crushed by the hireling soldiery of the combined powers of Europe.
The president, though inclined to advance with extreme caution, whose trepidation was increased by several members of his cabinet opposed to warlike movements, was nerved with fresh courage and fired with fresh patriotism, by the energetic remarks of Mr. Clay,and induced to hasten the blow from the axe of executive power, which alone could burst the bands which bound and restrained the thunderbolt of war.
About this time, while in the exercise of his official prerogative, Mr. Clay became entangled in a disagreeable controversy with Mr. Randolph. This gentleman, though possessing talents and eloquence of a high order, employed them in such a manner as to make himself distinguished for the most extravagant eccentricities and wild vagaries. There had existed not the most cordial understanding between him and Mr. Clay, during several months previous. Their intercourse was not very uniform; sometimes it would be suspended for weeks, when not a word would be spoken by either to the other. The great difficulty of living on terms of intimacy or common civility even, with Mr. Randolph, caused Mr. Clay to adopt this course. He did not desire to offend the capricious gentleman, nor to place himself in a situation to receive offence from him. Occasionally, when the milk of human kindness was superabundant in his heart, Mr. Randolph would approach, and in the most honied accents and blandest manner, salute Mr. Clay and inquire after his health, with every demonstration of regard.
One of Mr. Randolph’s peculiarities was exceeding uneasiness under restriction; indeed, he seldom quietly submitted to any parliamentary restraint, however necessary and salutary. He regarded the rules of the house as trammels and shackles, more honored by the breach than observance, and struggled violently against their enforcement in his case. During the day previous to that when the controversy mentioned occurred, Mr. Clay, in conversing with a friend of Mr. Randolph, remarked that the president would probably transmit a message to congress, recommending a declaration of war, on the following Monday. This information was communicated to Mr. Randolph, who the next morning appeared in his seat, and commenced one of his usual windy harangues, without submitting any motion to the house. After discussing some time the subject of our foreign relations, although he well knew that such discussion was designed to be strictly private, manifesting more than his accustomed hostility to declaring war with Great Britain, and zeal in justifying her cruelties towards the United States, he was called to order, on the ground that there was no resolution before the house. Mr. Bibb, being in the chair, suffered him to proceed. Soon after, Mr. Clay resumed his seat, when he was again called to order, and required to submit his motion in writing to the chair. Mr. Clay observed that a standing rule of the house rendered it incumbent on any member who attempted to address it, after a few pertinent prefatory remarks, to submit his proposition in due form to the house, and then confine his remarks to it. ‘My proposition,’ said Mr. Randolph, ‘is that it is not expedientat this time, to resort to a war with Great Britain.’ He expressed great surprise when it was decided by the speaker that he could not proceed to discuss his proposition unless it was seconded and reduced to writing. ‘Then I appeal from that decision.’ The speaker briefly stated his reasons for his decision, which was sustained by a vote of sixty-seven to forty-two. ‘Then, sir, under the compulsion to submit my motion in writing, I offer it,’ said Mr. Randolph. The speaker replied, ‘there is no compulsion in the case, because the gentleman may or may not offer it, at his option.’ The motion was read from the chair, and the speaker observed that the house must first agree to consider it, before it could be in order to debate it. From this decision Mr. Randolph appealed, but at the suggestion of a friend, withdrew his appeal. Mr. Clay made a brief speech, justifying his decision, and then put the question whether the house would consider Mr. Randolph’s resolution. It was rejected by a vote of seventy-two to thirty-seven.
Mr. Randolph, thus compelled to take his seat, was greatly chagrined. On the following day he published a vindictive address to his constituents, in which he inveighed in the most bitter terms against Mr. Madison’s administration, declaring that the movements that had been made in reference to war, were not made with the intention of promoting the welfare of the country, and desired those whom he represented not to sanction the proposed declaration. Freedom of speech he declared had been invaded; that for the first time in the person of their representative had it been decided, that silence must be maintained upon the most important subject that could be brought forward for legislative action. He characterized this as ‘usurpation, more flagitious than any which had ever been practiced under the reign of terror by the father of the sedition laws, and the people must interfere and apply a remedy or bid adieu to a free government forever.’
Mr. Clay noticed this singular paper in a communication over his own name, which was published in the National Intelligencer reviewing briefly the controversy, stating the grounds of his action in relation to it, and established the two following principles: ‘that the house had a right to know through its organ, the specific motion which a member intends making before he undertakes to argue it at large, and that it reserves to itself the exercise of the power of determining whether it will consider it at the particular time when offered, prior to his thus proceeding to argue it.’ These principles have subsequently formed the rule in the house in similar cases, the operation of which has tended, in no small degree, to promote the interests of the country, by restraining within proper bounds the freedom of debate.
On the first of June, the president despatched to the house a message, containing a summary statement of our grievances demanding reparation, narrating the various pacific and often repeatedattempts of the United States to adjust all existing difficulties with Great Britain, remarking the cold indifference or haughty repulse with which the latter had invariably met the amicable advances of the former, and recommending to the early consideration of congress the question whether the United States should ‘continue passive under these progressive usurpations and these accumulating wrongs, or opposing force to force in defence of their natural rights, should commit a just cause into the hands of the almighty disposer of events.’ An ‘immediate appeal to arms’ was recommended in a report of the committee on foreign relations, to whom the message was referred, on the eighteenth, and the act declaring war passed both houses of congress the same day, and on the nineteenth Mr. Madison issued his proclamation, declaring hostilities as actually commenced. On the sixth of July congress adjourned, to assemble on the first Monday in November.
The crisis towards which so many eyes had long been directed, had at last come—a crisis which, though sought by government, was sought reluctantly. Any measure that would have obviated its necessity, had been embraced with eager joy. Every expedient was resorted to, in order to prevent the waste of treasures and effusion of blood, with which it would be attended. The great master spirits, Messrs. Clay, Lowndes, Cheves and Calhoun, the bold pioneers in paving the way to and hastening on this crisis, did not attempt to shrink from their duty, nor to shake off the solemn responsibility which they assumed to their country in undertaking to conduct the ark of her liberties, now when they had guided it into the roaring vortex of war. They did not prove recreant to the precious trusts committed to their care, by traitorously deserting their posts. Though the billows of fierce conflict dashed against its sides, they did not withdraw the hand that had hitherto supported it. There was no looking back, no cowardly avoiding of danger, but shoulder to shoulder manfully they breasted the dark surges of belligerent strife, until in safety the harbor of success was finally attained.
With the view of shortening the conflict and ameliorating the condition of those engaged in it as much as possible, previous and subsequent to the declaration of war, they sought to place the financial department of the nation in a situation to meet the demands that would be made upon it in case of that event. In pursuance of this view, the secretary of the treasury, Mr. Gallatin, whose reputation for financiering stood high, was selected to devise and report a system that should accomplish the desired object. The public disappointment was excessive when his report appeared, which, instead of exhibiting any new feature in finance—instead of deriving revenue from the vast, existing and appropriate national sources—proposed to obtain it in the old obnoxious ways from excise, stamp duties, &c. Although deeply regretting that amore efficient plan was not provided, still, with a spirit that seemed resolved to turn to the best possible account the propositions of the secretary, they commenced levying taxes according to his plan. To this end Mr. Cheves, chairman of the committee of ways and means, diligently employed himself in preparing bills, whose object was the raising of revenue. After their completion and presentation, a discovery was made that well nigh proved fatal to this. It was ascertained through the efforts of Mr. Smiley, an intimate friend of the secretary of the treasury, that both he and the president were opposed to levying taxes at the time of the declaration of war, declaring ‘that the people would not take both war and taxes together.’
The non-concurrence of the executive in their financial scheme, was a source of bitter though unavailing regret to Mr. Clay and his coadjutors. It was, to be sure, defective, but had not this insuperable obstacle been interposed in the way of its being carried out, the treasury would have been to a considerable extent replenished with funds; the early want of which was a serious detriment felt during the whole war. To the influence of Mr. Gallatin, in a great measure, doubtless, the opposition of Mr. Madison to the conjunction of the two measures was owing. He was very susceptible of influence, especially from those in whom he reposed confidence, such as he did in the secretary. The same kind of influence, inducing him to procrastinate a declaration of war, Mr. Clay found him laboring under, when, as one of a deputation, he was sent to wait on and urge him to delay no longer, telling him that farther argument was useless, that the ultima thule of talking had been reached, and that the time for prompt and vigorous action had arrived. To illustrate the difference between speaking and writing, and acting, he repeated to Mr. Madison an anecdote of two Kentucky judges. ‘One talked incessantly from the bench. He reasoned every body to death. He would deliver an opinion, and first try to convince the party that agreed with him, and then the opposite party. The consequence was that business lagged, the docket accumulated, litigants complained, and the community were dissatisfied. He was succeeded by a judge who never gave any reasons for his opinion, but decided the case simply for the plaintiff or defendant. His decisions were rarely reversed by the appellate court, the docket melted away, litigants were no longer exposed to ruinous delay, and the community were contented.’ This humorous sally of Mr. Clay occasioned the president much mirth, who replied by relating an anecdote which occurred to him, of a French judge, who, said he, after hearing the arguments of the parties, put their papers in opposite scales, and decided the case according to the preponderance of weight.
Attempts on the part of the United States to prevent hostilities, did not cease until war had been declared, and even then a dispositionwas manifested to put a speedy termination to them, for in one week after this event, Mr. Jonathan Russell, our chargé d’affaires at the court of St. James, received instructions to agree to an armistice as a preliminary to a treaty, provided the British government should repeal her orders in council, and discontinue the impressment of our seamen, and afterwards without insisting upon any particular agreement. All our pacific efforts, however, were fruitless, our proposals refused with disdain, and accompanied with language of reproach and insult, even conveying the idea that the conduct of the United States was pusillanimous. She refused to treat with us at all, unless as preliminary we would recall our letters of marque and reprisal, and cease all hostile acts towards British property and British subjects. Such degrading conditions could never be submitted to by the United States, although the federal party were willing and even clamorous to comply with them. The virtue and patriotism of the people, however, preponderated over all the vile attempts at causing the nation to accept the disgraceful terms dictated by her haughty foe, to procure the repose she desired. The middle of September found us still endeavoring to procure an adjustment of our difficulties amicably. The proposals of Mr. Russell, though of the most liberal nature, were treated contemptuously, and at an interview on the seventeenth of September, lord Castlereagh expressed great astonishment that American commissioners should still continue to indulge the expectation that the right of impressment should ever be relinquished, and even had the arrogance to say that ‘our friends in congress had been so confident in that mistake, that they had ascribed the failure of such an arrangement solely to the misconduct of the American government.’ The demands of the British in insolence seemed to have no limits; asking if the ‘United States would deliver up the native British seamen who might be naturalized in America.’ ‘If,’ said lord Castlereagh, ‘the American government was so anxious to get rid of the war, it would have an opportunity of doing so, on learning the revocation of the orders in council.’
It was sufficiently obvious now that nothing remained but to prosecute the war as vigorously as possible. Our arms, in several cases, had been unsuccessful. The circumstances of the delivery of Detroit into the hands of the enemy by general Hull, were such as to render it certain that treason had some agency in it. These disasters tended to dampen the ardor of some, and to render more confident and blustering demagogues and federalists, who went about croaking like birds of ill omen, doing all in their power to infuse a spirit inimical to the course then pursuing, and bring opprobrium on the administration party. They continually referred to those partial failures as the sure prognostics that the whole country would fall an easy prey to the enemy. But these reverses weresubsequently in a measure repaired, by the successful and gallant achievements of a body of western volunteers, led on by general Harrison, over the British and their allies, the barbarous savages. Our brilliant victories on the sea were such as to kindle up the expiring energies in the hearts of the despairing, and to nerve to nobler deeds the intrepid. They evinced what could be accomplished by determination and valor combined. The British frigate Guerriere had been captured by captain Hull, commander of the frigate Constitution; commodore Rodgers had rendered most signal service to our commercial interests; all which tended to impart a fresh impulse to our army and navy.
During the interval between the adjournment and re-assembling of congress, Mr. Clay watched the progress of the war with the most intense interest. This was the all-absorbing subject of his soul, engaging its every faculty and principle; and the efforts which he made to secure its successful termination were as strenuous as they were unremitted. In public assemblies, in private circles, it was the theme on which he dwelt continually, and around which he twined the richest wreaths of his oratorical and colloquial skill. He always had a weapon ready to prostrate the opposition of the federalist and demagogue, however speciously presented. The grounds of encouragement to proceed, and the prospect of ultimate success, were so clearly elucidated by him, that the timid gathered confidence, and the bold redoubled their energies. Hope and courage were his constant companions, from which fear and cowardice fled away. These spread their animating influences far and wide, and like a beacon light lit up the whole land. Had Mr. Clay been engaged in a personal enterprize in which he had embarked his all, where fortune, fame, reputation, and life itself were at issue, he could not have manifested greater solicitude for the result, or put forth more gigantic efforts to render it favorable, than he did in relation to the war of the nation. If patriotism, undoubted and unadulterated, be not deducible from his agency in originating, prosecuting and consummating the war, on what page of the world’s annals is it chronicled? The history of the Grecian and Roman republics furnish many instances of exalted, self-sacrificing patriotism—of those who under its influence met death as joyfully as they would have met a friend. Inspired by this principle we hear one of their bards exclaim,
‘Dulce est pro patria mori.’
It is sweet to die for one’s country
But the lofty action of Mr. Clay in connection with this his country’s crisis, his prompt response to her cry for aid, his unwavering attachment to her cause, and his ardent devotion to her interests, present an example of patriotic love and zeal, which may be placed by the side of similar ones on the records of thosenations, without the slightest fear of disparagement,—indeed as justifying the belief that if she had required a similar sacrifice, the victim would not have been wanting.
Mr. Clay advocated war, not as an experimental measure, not for the purpose of furnishing him an opportunity of gratifying his ambitious private projects, as his enemies desired it to be believed, but as the dernier resort, as that only which could raise from her prostrate condition his country, and restore her to that rank to which she was entitled as an independent nation. The result proved the correctness of his prediction, while it exposed the falsity of that pronouncing the measure as certain to eventuate in her ruin.
When he first approached the subject, he found it surrounded by a cloud of gloom, rendered dense and dark by the adverse circumstances of his country, and which was made every day more murky by the unpatriotic attitude of the disaffected, and the insidious efforts of the openly hostile. To dispel this, all his energies were directed, and on the re-assembling of congress, pursuant to adjournment, he was gratified to behold some few glimmerings of light through the sombre mass. This cheering indication, added to the reviving influence imparted to him by his recent immediate contact with the people, fired his soul with an irrepressible fervency, and caused the flame of his patriotic ardor to burn so intensely as to consume all opposing materials. For this flame, plenty of fuel was furnished by those, who evinced, by their deadly hostility, a desire to see the unequal struggle then going on between England and the United States, terminate in favor of the former. In some, this hostility, breaking over all bounds of decency, vented itself in the grossest lampoon. Their endeavors appeared more like the spasmodic efforts of a drowning man, than the skilfully directed attempts of enlightened opposers, as though they were determined, if possible, to accomplish the fulfilment of their predictions, which now, from the recent victorious feats of our arms, seemed quite dubious. Soon after the commencement of the session, the first subject of importance that came before the representatives of the people, was that of increasing the army. Mr. Clay, and those whose views were coincident with his, desired to concentrate the nation’s energies in prosecuting the war to a glorious completion; to do which, fresh and gratifying evidence had been given. To secure this, it was proposed to augment the army by a recruit of twenty thousand men. The committee on military affairs in the house reported a bill for the purpose, which was considered in committee of the whole, and debated at length. From the opposition, this proposition met the most violent assault, and also those who supported it. The warmest opposers were found in the persons of Messrs. Randolph, Pitkin and Quincy. The speech of the latter gentleman is said to have ‘produced disgust on all sidesof the house,’ and for violence and abuse stands unrivalled. Its most scurrilous expressions have been expunged; enough, however, remains to determine its original character. Speaking of the war, he observed, ‘there is nothing in history like this war since the invasion of the bucaneers. The disgrace of our armies is celestial glory compared to the disgrace reflected on our country by this invasion;’ (the proposed invasion of Canada;) ‘yet it is called a war for glory! Glory? Yes, such glory as that of the tiger when he tears the bowels from the lamb, filling the wilderness with its savage roars; the glory of Zenghis Khan, without his greatness; the glory of Bonaparte. Far from me and mine, and far from my country be such glory!’ He stigmatized those in favor of the war as ‘household troops, who lounge for what they can pick up about the government house; who come here, and with their families live and suck upon the breast of the treasury; toad-eaters, who live on eleemosynary, ill-purchased courtesy, upon the palace, swallow great men’s spittle, and get judgeships, and wonder at the fine sights, and fine rooms, and fine company, and most of all, wonder how they themselves got there.’ The state of public feeling in Massachusetts respecting the invasion, he stated by saying, that ‘he had conversed upon the question with men of all ranks and conditions in Massachusetts, with men hanging over the plough and on the spade, judicious, honest, patriotic, sober men, who, if it were requisite, and their sense of moral duty went along with the war, would fly to the standard of their country at the winding of a horn, but who now hear yours with the same indifference they would have heard a jews-harp or a banjo.’ He was particularly severe on those in the house who advised the rigid prosecution of the war, by calling them ‘young politicians, with the pin-feathers yet unshed, the shell still sticking upon them; perfectly unfledged, though they fluttered and cackled on the floor; who favored such extravagant and ignorant opinions of a very proud nation.’ He said, ‘it would ill become a man whose family had been two centuries settled in the state, and whose interests, connections and affections were exclusively American, to shrink from his duty for the yelping of those blood-hound mongrels who were kept in pay to hunt down all who opposed the court; a pack of mangy hounds of recent importation; their backs still sore with the stripes of European castigation, and their necks marked with the check collar.’
Mr. Clay replied to him in a speech of most pointed yet merited rebuke, and couched in language that stung like a scorpion. During the course of his remarks, Mr. Quincy took occasion to travel out of his way to attack the character of Mr. Jefferson. This uncalled for and unexpected abuse of an aged ex-president, a patriot living in retirement, Mr. Clay thus notices.
‘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 violated 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 impotent is party rage directed against such a man! He is not more elevated by his lofty residence on the summit of his own favorite mountain, than he is lifted by the serenity of his mind, and the consciousness of a well-spent life, above the malignant passions and bitter feelings of the day. No! his own beloved Monticello is not less moved by the storms that beat against its sides, than is this illustrious man by the howlings of the whole British pack set loose from the Essex kennel.’
Speaking of the notoriety Mr. Quincy had gained by attempting to impeach Mr. Jefferson a few years previous, he said, ‘the final vote stood one for, and one hundred and seventeen against the proposition!’ (of impeachment.) ‘The same historic page that transmitted to posterity the virtue and the glory of Henry the Great of France, for their admiration and example, has preserved the infamous name of the frantic assassin of that excellent monarch.’ Mr. Clay vindicated most ably the character of that exalted patriot, from the foul aspersions thus attempted to be cast upon it; after which, he alluded to the vacillating course pursued by those opposed to the administration party, in the following language. ‘The course of that opposition by which the administration of the government has been unremittingly impeded for the last twelve years, is singular, and I believe unexampled in the history of any country. The administration has not been forgetful of its solemn obligations. No art has been left unessayed, no experiment promising a favorable 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 aspect, a partial non-importation was adopted. As they grew more alarming an embargo was imposed. It would have accomplished its purport, but it was sacrificed on 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 effort the administration cultivates peace, the opposition insist 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 further 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 honor—the men of exclusive vigor and energy. The administration, on the contrary, is weak, feeble, and pusillanimous—incapable of being kicked into a war. The maxim, ‘not a cent for tribute, millions for defence,’ is loudly proclaimed. The opposition is tired, sick, disgusted with negotiation. They want to draw the sword and avenge the nation’s wrongs. When, however, foreign nations, 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 justice and 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 calamities of war—its tragical events—the squandering away of your resources—the waste of the public treasure, and the spilling of innocent blood. Now we see them exhibiting the terrific forms of the roaring king of the forest. Now the meekness and humility of the lamb. They are for war and no restriction 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 colors of every party and of all nations, steady only in one unalterable purpose, to steer if possible into the haven of power.’
Mr. Clay’s sentiments in relation to the British system of impressment were of the most affecting description, drawing tears from the eyes of almost every individual present, and concluded by saying, that ‘My plan would be to call out the ample resources of the country, give them a judicious direction, prosecute the war with the utmost vigor, strike wherever we can reach the enemy at sea or on land, and negotiate the terms of a peace at Quebec or Halifax. We are told that England is a proud and lofty nation, which, disdaining to wait for danger, meets it half way. Haughty as she is, we once triumphed over her, and if we do not listen to the counsels of timidity and despair, we shall again prevail. 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 ourselves to our gallant tars, and expire together in one common struggle, fighting for free trade and seamen’s rights.’
A correct idea of the effect produced it is impossible to gather from his reported speech, though in general accurately given. Look, tone, gesture, and manner contributed largely to its greatness,—perhaps as much as the ‘thoughts that breathe and words that burn,’ which in one continuous stream fell from his eloquent lips, causing the hearts of his hearers to thrill alternately withpleasure and pain. It is represented as having been an exquisite specimen of grand eloquence—a felicitous blending of the beautiful, pathetic and sublime. He seemed to wave the enchanted wand of the fabled magician, now spreading peace and quiet, and now causing the most stormy emotions to swell the hearts of those who listened to him. The editor of the National Intelligencer says that the pathetic 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 patriotic souls had been sustained by his eloquence, and those who had been writhing and agonizing under his indignation, forgot their antipathies and wept together.
Mr. Clay had the pleasure of seeing the bill, as advocated by him, pass the house, on the fourteenth of January, 1813, by a vote of seventy-seven to forty-two. On the sixteenth (having passed the senate,) it received the signature of the president; and thus was taken another and very important step in carrying out that system of manly and bold resistance devised and introduced by him, and which was destined to redress all our grievances and restore our violated rights.
On the eighteenth of February, congress proceeded to ascertain the result of an election for president and vice president, which was as follows. For president, James Madison, one hundred and twenty-eight, De Witt Clinton, eighty-nine. For vice president, Elbridge Gerry, one hundred and thirty-one, Jared Ingersoll, eighty-six. Thus the re-election of Mr. Madison furnished undoubted evidence that the people, from whom there is no appeal, sustained the measures of war.
On the twenty-fourth of May, Mr. Clay was elected speaker to the house again, over Mr. Pitkin, by a majority of thirty-five, and whenever an opportunity was afforded him, he mingled in the discussions that were almost constantly agitating the house, in reference to prosecuting the war. At the commencement of this, the first session of the thirteenth congress, he called the attention of the house to that portion of the president’s message which describes the manner in which the British had been waging war: which characterized it as ‘adding to the savage fury of it on one frontier, a system of plunder and conflagration on the other, equally forbidden by respect for national character, and by the established rules of civilized warfare.’ In a few pertinent remarks, he adverted to this description embodied by the message, censuring somewhat severely the nation guilty of such enormities, and said, ‘if they should be found to be as public report had stated them, they called for the indignation of all christendom, and ought to be embodiedin an authentic document which might perpetuate them on the page of history.’ An investigation instituted on a motion of Mr. Clay, in reference to these, developed the astounding fact that the most barbaric outrages were committed repeatedly, on American prisoners, by the savage allies of the British, with their approval. The indignation of the house was aroused to a high pitch, on learning the truth of the report, which took immediate measures for causing to be laid before it every instance of such flagrant violation of the rules of warfare recognized by all civilized nations.
War had now become the settled policy and regular business of the nation; a business which though at first she performed rather bunglingly, was now despatched in a more workmanlike manner. The plough, the spade, and the various implements of husbandry and mechanism, had become partially forgotten, by the familiarity which had been effected with the musket and the sword, so that greater skill was manifested in the use of the latter, which resulted in greater success than accompanied the first attempts at their use. York, the capital of Upper Canada, had fallen into our hands, and five naval victories had been achieved. Indecision and timidity had to a great extent disappeared, and a spirit of indomitable determination had been made to take their place, mainly through the irresistible influence of Mr. Clay’s eloquent appeals. These were all-powerful, agitating the whole nation, paralyzing opposition, and organizing and arraying the talent, influence, and means of all classes, to do battle to death, if necessary, in defence of our precious liberties. A noble and enthusiastic feeling was diffused throughout the country. Public opinion was far and wide aroused in favor of the war, and its majestic roar shook down the unconsecrated temples of treason, and bared their secrets to the light of heaven. Patriot answered aloud to patriot—the sentinels of freedom caught up the watchword—from town to town the signal fires flashed free, and all things proclaimed that the spirit of the country was up for glory.
Both the friends and foes of Mr. Clay agree that at this period the control he had acquired was almost unlimited. In the house it was probably equal to that which he had acquired a few years previous in the legislature of Kentucky. This was always exercised in the spirit of the greatest liberality, and in such a manner as to promote the public interests. Towards the close of 1813, negotiations for peace commenced, at the suggestion of Alexander, the emperor of Russia, who proffered his mediation between the two belligerent nations. On the part of the United States, his proffer was favorably received, and a willingness manifested to accede to it, accompanied with expressions of regret that the commercial interests of Russia should be infringed or endangered in any way by her collision with Great Britain. This was first formally made at Washington, by the Russian minister, M. Daschkoff,as early as March of the same year, and eagerly embraced by the president. It had, however, several months previous, been hinted to Mr. Adams, our minister at St. Petersburg, by the emperor himself, who manifested great desire that hostilities should cease. On the part of Great Britain his pacific proposition was rejected, who alleged that the peculiar nature of her domestic and naval regulations rendered incompatible its acceptance, but declared her perfect willingness to treat with the American envoys, either at London, or Paris, or indeed at any convenient place selected by the two powers. This proposal was accepted, and the preliminary steps taken to accomplish the object proposed. Messrs. Albert Gallatin and James A. Bayard were selected as two of the commissioners for the United States, and directed to repair without delay and join Mr. J. Q. Adams, at St. Petersburg, there to await the further action of government.
A short time after, a proposal from the English ministry to negotiate with us at Gottingen was accepted, and Messrs. Clay and Jonathan Russell were selected commissioners, who, in connection with the three in Russia, were invested with full power to treat with lord Gambier, Henry Goulborne, and William Adamos, commissioners on the part of the British government.
Although Gottingen had been first agreed upon as the city where to conduct the negotiation, subsequently it was determined that Ghent should be the place. The sixth of August, 1814, found the plenipotentiaries of both nations (except Mr. Gallatin, who joined them soon after,) at the latter city, ready to proceed with their legitimate business. They commenced by a mutual interchange of kind feeling, evincing a disposition to approach the subject in the true spirit of conciliation, and to frame their stipulations so as to subserve the interests of the powers they represented. In consequence of the proximity of the British ministers to their government, they enjoyed a superior advantage over the American commissioners, of which they availed themselves freely, for whenever they received from the latter a note of any importance, it was directly sent to London, where its contents were carefully scrutinized by the English ministry, who prepared and sent back an answer containing instructions, which were to govern their actions in relation to it. This mode of procedure adopted by them, greatly retarded the negotiation, while the remoteness of the American negotiators from their government, made it impossible for them to resort to a similar method. The plan which they adopted on receiving a communication from the former, was to consider its contents deliberately, and with great circumspection; after which it was committed to the care of one of their number deputed to prepare an answer. This underwent a rigid examination, when each member considered it in private, making such alterations as he deemed proper. Afterwards they all assembled and subjectedthem to a thorough scrutiny, which terminated in their adoption or rejection. Their proceedings in detail were never reported, so that it is impossible to state to what extent they were influenced by each member of the diplomacy, but it is matter of general credence that Mr. Clay, in their joint colloquial meetings, bore a prominent part and exercised a controlling power over the character of the stipulations. It is understood that Mr. Gallatin drew up more official communications than any one of his associates, that Mr. Adams ranked next, and Mr. Clay next. The various papers prepared by these gentlemen during the period of their negotiation, which continued about five months, furnish some of the finest specimens of English composition. For purity of diction, terseness of style, happy illustration, and logical construction, they will not suffer in comparison with the best political disquisitions in the English language.
The favorable indications which appeared at the commencement of the negotiation, soon gave place to those of a different character. The tone of the British commissioners, in laying the foundation of the treaty, soon became so dictatorial as almost to preclude the possibility of proceeding with it. In enumerating the various subjects which they designed to review and determine, besides the seizure of mariners from merchantmen on the high seas, boundary line, and the privileges heretofore enjoyed by the United States in carrying on their fisheries within the limits of British jurisdiction, they declared as a sine qua non to the completion of the treaty, that it must embrace provisions for rendering pacific the various Indian tribes within our borders, for settling their boundaries by a specific treaty with Great Britain, and that the right to purchase their lands without her consent must be unconditionally ceded. On such grounds the American commissioners unhesitatingly and unanimously refused to advance. The overbearing and haughty pretensions and arbitrary demands thus set up and insisted on at the very outset, seemed to interpose an insurmountable barrier towards effecting an amicable and honorable arrangement with our foe. Not only did she by prescription unadvised with us, exhibit an intention to have it all in her own way, but she avowed her design to obtain the control of certain islands in Passamaquoddy Bay, over which our right of jurisdiction had not been questioned up to that time, and to cause us to agree not to keep any naval force on the lakes, nor garrison soldiers on their eastern shores. The thought of submitting for a moment to such obnoxious exactions and requisitions could not be tolerated, and the American commissioners peremptorily informed them that negotiation under such circumstances was entirely out of the question, and that an unqualified abandonment of the objectionable portion of their demands must be complied with, before their consent to proceed another step in the business could be obtained. Theysaw it was requisite to be thus decided, in order to put an early and effectual stop to such unwarrantable assumptions and encroachments, which, if quietly submitted to, they clearly foresaw (by their maintaining a right to ‘vary and regulate their demands,’) would be indefinitely extended. In their first despatches to Washington, therefore, instead of holding out any encouragement of success, they stated that there was no ‘hope of peace.’ Immediately after their arrival, they were spread before the people by the public journalists, whose indignation was greatly augmented, on becoming acquainted with treatment ostensibly given for the purpose of consummating a treaty of peace on grounds of mutual reciprocity, but which in reality recognized the nation with whom it was to be effected, as enslaved rather than free. The demands of England were characterized as ‘arrogant, insulting to the United States, meriting instantaneous rejection, and demanding the united exertions of every citizen of these states, in the vigorous prosecution of the war until it shall be terminated in a just and honorable peace.’
The publication of their despatches was not anticipated by our commissioners, and great was their astonishment on perusing them in the newspapers at Ghent. Their fears were excited lest it should have an unfavorable bearing on the negotiations, if it did not put an abrupt period to them. The English negotiators maintained a guarded silence on the subject. Mr. Clay being solicitous to ascertain their opinions in relation thereto, addressed them, beginning with lord Gambier, whom he accosted by saying, ‘you perceive, my lord, that our government has published our despatches, and that now the whole world knows what we are doing here.’ ‘Yes,’ said he, ‘I have seen it with infinite surprise, and the proceeding is without example in the civilized world.’ ‘Why, my lord,’ said Mr. Clay, mildly, ‘you must recollect that at the time of the publication of those despatches, our government had every reason to suppose, from the nature of the pretensions and demands which yours brought forward, that our negotiation would not terminate successfully, and that the publication would not find us here together. I am quite sure that if our government had anticipated the present favorable aspect of our deliberations, the publication of the despatches would not have been ordered. Then your lordship must also recollect, that if, as you truly asserted, the publication of despatches pending a negotiation is not according to the custom of European diplomacy, our government is organized on principles totally different from those on which European governments are constituted. With us, the business in which we are here engaged is the people’s business. We are their servants, and they have a right to know how their business is going on. The publication, therefore, was to give the people information of what ultimately affected them.’
Although unable to controvert this explanation by Mr. Clay, of the reasons for publishing the official papers relative to the negotiation, he expressed himself not perfectly satisfied with it, and his opinion was concurred in by his colleagues. However, the injurious consequences apprehended from their publication were not experienced, and the business of the treaty proceeded as if it had not been made.
Mr. Clay reciprocated an act of kindness of Mr. Goulborne, who had sent him a British periodical containing an account of the taking of Washington by the arms of his nation, by sending to him some American papers which he had recently received, describing a splendid victory won on lake Champlain or lake Erie, by the navy of his country over that of the British.
After the receipt of such unpleasant intelligence from Ghent, it was resolved that redoubled energy should be put forth in pushing forward the war, which caused the noble feats of our gallant navy and army to be greatly multiplied. At Plattsburgh, Chippewa, and many other places, victory perched upon our banner. The hearts of our hardy sailors gathered fresh strength, whose successful attempts in annoying the enemy by capturing his trading vessels, caused the most bitter lamentations throughout his realm, and underwriters to advance their rates of insurance between England and Ireland from three-fourths of one to five per cent. The determined spirit thus evinced by us, Great Britain correctly attributed to the arbitrarily assumptive course which she attempted to pursue in conducting the negotiations at Ghent; a spirit which she had the sagacity to discover would never brook the slightest shade of vassalage, or permit the acceptance of dishonorable terms, and also the wisdom to avert the destructive consequences which her varied and wide-spread interests would certainly sustain from the aggressions of those actuated by it, in speedily removing the causes by which it was aroused. A recession was immediately made, not only by the British ministers, who reduced their sine qua non so as to require only the effection of Indian pacification, but by the public journalists in both England and her provinces. They spoke in more respectful terms of the United States, and abated to a good extent their domineering attempts. Still some of the objectionable terms proposed at first as the basis of an arrangement, were adhered to. The cession of such a portion of our territory as should secure a permanent and safe communication to England between Quebec and Halifax, was required pertinaciously. The American commissioners assumed the responsibility, at the risk of breaking off the negotiation, of rejecting such terms, and indeed all that did not come within the limit of their instructions, by informing the English commissioners, that it was perfectly fruitless, besides a waste of time, to bring forward and attempt to connect with the treaty, subjectsrespecting which they were not empowered to negotiate; subjects which were many of them foreign to their purpose, had no natural relation to it, and which if desirable might be definitely settled by subsequent negotiation, without being made a party to their present proposed arrangement. They affirmed that they had ‘no relation to the subsisting differences between the two countries; they are inconsistent with acknowledged principles of public law; they are founded neither on reciprocity nor on any of the usual bases of negotiation, neither on that of the uti possidetis or of status ante bellum; they would inflict the most vital injury on the United States by dismembering their territory, by arresting their natural growth and increase of population, and by leaving their northern and western frontiers equally exposed to British invasion and Indian aggression; they are above all dishonorable to the United States, in demanding from them to abandon territory and a portion of their citizens, to admit a foreign interference in their domestic concerns, and to cease to exercise their natural rights on their own shores and in their own waters. A treaty concluded on such terms would be but an armistice. It cannot be supposed that America would long submit to conditions so injurious and degrading. It is impossible, in the natural course of events, that she should not, at the first favorable opportunity, recur to arms for the recovery of her territory, of her rights, and her honor. Instead of settling existing difficulties, such a peace would only create new causes of war, sow the seeds of permanent hatred, and lay the foundation of hostilities for an indefinite period. It is not necessary to refer such demands to the American government for its instruction. They will be only a fit subject of deliberation when it becomes necessary to decide upon the expediency of an absolute surrender of national independence.’
There was no mistaking the meaning of such language, respectful but pungent, expressing perspicuously the true principles of diplomatic action. Although it was self-evident that the spirit which dictated such sentiments as that communication contained, would not allow any truckling or swerving, still the British negotiators appeared determined to persevere until they accomplished what from the very commencement seemed to be to them a favorite feature in the treaty, viz: the exposure of our whole northern frontier to the mercy of their nation. She found that the Indian hordes could be advantageously employed by her, indeed she had already employed them to such an extent as to give, so far as she was concerned, a most truculent aspect to the war; hence the invincible determination manifested by her legalized commissioners, to have the treaty so framed as to secure to her their absolute control. This disposition was regarded by the American commissioners with feelings not only of regret, but of horror, who protested against ‘the employment of savages, whose known ruleof warfare is the indiscriminate torture and butchery of women, children, and prisoners,’ as constituting ‘a departure from the principles of humanity observed between all civilized and christian nations even in war.’ They stated that instead of endeavoring to effect that control, it would be much more comportable with the dignity and grandeur of the British nation to abandon forever the barbarous practice, and to stipulate with America to that purpose in case of waging any future war with her. They would not recede an inch from the ground which they had taken, in relation to the Indians and northern frontier. After directing their combined diplomatic artillery against them for the space of several weeks incessantly, to drive them from it, but without the slightest success, the British diplomatists finally abandoned it. Soon after the American commissioners proposed to guaranty the pacification of the Indians when the treaty should be ratified, and expressed their unaltered determination to treat upon no subjects respecting which they had received no instructions. To this their opponents acceded, and the negotiation proceeded, the American commissioners dictating nearly all the terms, and finally issued in the production of a treaty, on the twenty-fourth of December, 1814.
Throughout the negotiation the utmost unanimity prevailed among our ministers, and never was there a difference of opinion, except in one instance. This related to certain fishery privileges, and the navigation of the Mississippi river.
In a treaty of peace concluded in 1783, between Great Britain and the United States, it was stipulated that the latter should enjoy the liberty of taking fish of every kind on all the banks of Newfoundland, Grand Bank, gulf of St. Lawrence, and in all other places where the inhabitants of both countries had been accustomed to fish—that the same should be enjoyed on all the coasts, bays and creeks of his Britannic majesty’s dominions in America; that she should have full permission to dry and cure fish in the unsettled bays, &c. of Nova Scotia, Magdalen Islands, and Labrador, so long as they should remain unsettled, but that after they were settled, such permission must be sanctioned by their occupants; and also that the Mississippi river should be open forever to the navigation of both nations, from its mouth to its source. The latter stipulation was included in a treaty negotiated by Mr. Jay, in 1794.
The United States, anticipating that the subjects of the fisheries and navigation of the Mississippi would be brought forward by the British government, had directed the secretary of state, Mr. Monroe, to give her commissioners special instructions relative to them. He accordingly authorized them, in case she should require the United States to relinquish her fishing privileges, to treat the requisition as it deserved. They were given to understand that these privileges must not be brought into the discussion, and that,if insisted on, their negotiations must terminate. He instructed them not to grant to Great Britain the right to navigate any river within the exclusive jurisdiction of the United States.
At an early stage of the negotiation, it had been intimated to the American commissioners by the British, that the privilege in question would not be renewed, unless the United States offered something to Great Britain which should be deemed an ample equivalent. The subject of this equivalent caused the difference of opinions to which allusion has been made. Mr. Adams contended that no equivalent could or ought to be demanded for the right of fishing stipulated in the treaty of 1783. He did not believe with his colleagues, that the article in that treaty, relating to this right, expired at the commencement of the war, but contended that it had survived the war, and that therefore it was absurd to treat concerning the renewal of a right, of which they were then in the legitimate possession. The great importance of preserving this right unabridged was felt by all. Mr. Gallatin went so far as to propose to permit Great Britain to exercise the right of navigating the Mississippi as an equivalent for that of fishing in the waters within her jurisdiction. After a warm debate, Messrs. Adams, Gallatin and Bayard declared themselves in favor of doing so, and Messrs. Clay and Russell opposed. Mr. Clay then affirmed, that his signature should not be appended to a treaty including such a proposition, who was joined soon after by Mr. Bayard, and consequently it was not included.A most animated discussion ensued, in which Mr. Clay demonstrated the impolicy of extending such a privilege to Great Britain, contended that America ought to come out of the war in the unimpaired possession of all the rights and privileges which she enjoyed prior to its commencement, and that the right of discussing the question of the fisheries did not come within the purview of their instructions. In regard to the navigation of the Mississippi, a mere glance at its unlimited connections and dependencies, the vast advantage which an easy access to them would confer, rendered no deliberation requisite in deciding upon granting a right to it to Great Britain. It would be almost tantamount to placing in her hands a tube communicating with the very vitals of the republic, through which she could suck its life blood; it would give her unbounded facilities for employing against us the numerous tribes of Indians at the north west, of which she would doubtless with avidity avail herself, and greatly to our detriment, and thus jeopard the great and growing interests of the whole west. As it respected the right which she imagined she possessed in virtue of the treaties of 1783 and 1794, Mr. Clay contended that the grounds upon which it was based were supposititious, and that therefore it could not be valid; that at the dates of those treaties, it was supposed that the law of nations wouldentitle her to the right, inasmuch as it was believed that her dominions bordered on the Upper Mississippi, and that this supposed bordering of her territory on the river, was the principal reason adduced in stipulating for the right of its navigation; that now since it was certainly determined and known, that such was not the fact, she possessed no natural grounds on which to found the right; that Spain at the date of those treaties owned the entire western bank of the river from its mouth to its source, and consequently possessed an equal interest with the United States in its navigation, who could not, therefore, convey to a third party that interest, or any portion of it, unsanctioned by the former; that in 1803, by purchase, the United States became possessed of the entire Spanish interest, which placed her upon different grounds from those on which she stood in 1783 and 1794. Besides, Mr. Clay argued, what connection is there between the fishing privilege, and the right of navigating the Mississippi? The treaties showed none, their nature none. Why select as the equivalent for the privilege, the Mississippi? Why not barter the Potomac, or the Hudson for it? There was something calculated to excite suspicion in this attempt of our powerful enemy to introduce her invincible navy to the ‘father of rivers.’ It looked like feeling for the purse-strings of the nation. He would as soon yield a portion of her blood-bought territory, as this noblest of her streams, to become the resort of the British lion, where he might make his permanent lair, and eventually place his huge paw upon the crest of her eagle. Though as anxious as his colleagues possibly could be for the preservation of their fishing privileges, he could not consent to effect it by a purchase so expensive as that proposed. Thus Mr. Clay remained immovably determined to act in accordance with his convictions of duty in consulting the interests of that nation which he represented. The value of those interests, undoubtedly secured by the decided position which he assumed and maintained, is of such magnitude as to be inappreciable; they constitute a corner stone of the temple of liberty, destined to abide as long as she shall make it her abode.
Subsequently to the British ministers’ becoming acquainted with the conclusion of the American commissioners, respecting the exchange, they, in a counter project of a treaty, submitted to the latter, proposed among other articles one to renew the right of navigation in question, without any equivalent. After much deliberation this was rejected. Finally, it was mutually agreed by both parties to refrain from inserting any article in the treaty, relating either to the fisheries or the navigation of the Mississippi. Thus the pride of the west and the glory of America was suffered to roll his majestic tide in beauty and grandeur to the ocean, unburthened by foreign vessels and unfettered by regal sway.
Several years afterwards, Mr. Clay became involved in an unpleasantcontroversy between Messrs. Russell and Adams, which originated from something connected with their negotiations at Ghent. On the day next subsequent to the signing of the treaty, the commissioners drew up a sketch of their discussions in relation to the difference of opinion among them, concerning complying with the demands of the British commissioners, which represented the offer of the navigation of the Mississippi as made by a majority of the American plenipotentiaries. At the same time, Mr. Russell communicated to Mr. Monroe the fact of his being in the minority in that offer, and declared his intention of submitting his reasons for disagreeing with his associates, at a future convenient period, which he subsequently carried into effect. These papers were deposited among the documents of the nation, where they remained till 1822, when they were placed before the house of representatives, at its request, by the president, together with a private communication from Mr. Russell, purporting to be a duplicate of one found among the private papers of the president. A statement was made by each of these letters, between which there was a discrepancy, which caused Mr. Adams to reprimand Mr. Russell severely, through the medium of the press. Mr. Clay addressed a letter to Mr. Russell designed to be private, in which he signified his acquiescence in the reprimand, and also gave a concise statement of their debates connected with their disagreement. It appeared that Mr. Adams was laboring under the impression that Mr. Clay coincided with him in construing the treaties of 1783 and 1794, or that part of them referring to the fisheries and Mississippi, from the fact of his signature being attached to the communication of the American to the British commissioners, embodying the views of the former in relation to them. Mr. Clay corrected that impression by declaring that he had not concurred with him. He stated that his object in advising the insertion of the words ‘a majority,’ in the despatch to the secretary of state, was to announce to his government the fact of a division among them, and with the view of concealing it from the power with whom they were treating, he appended his signature to the communication. The dispute was maintained some time between Messrs. Russell and Mr. Adams, and with great acrimony, but no impeachment of Mr. Clay’s conduct or motives was attempted by either. Both awarded to him the honor of having acted well his part, in bringing to so felicitous a consummation the treaty of peace.
Immediately after the close of the negotiation, Mr. Clay repaired to Paris, having resolved not to visit England until he learned the ratification of the treaty. At the request of Mr. Crawford, our minister at Paris, he took lodgings in his hotel, where he found an invitation to a ball, given by Mr. Hottinguer, the American banker, in honor of the conclusion of the treaty. There he was introduced to the celebrated madame de Stael, and had a pleasant interview with her.
She informed him that she had recently visited England, and had openly espoused the cause of the United States there, remarking that the British were greatly exasperated against them, and entertained serious intentions of despatching the duke of Wellington at the head of their armies, for the purpose of inflicting proper, and as they thought well merited chastisement upon them. He politely thanked her for the interest she had manifested in behalf of his country, at the same time expressing his regret that England had not carried out her intentions. ‘Why?’ said she. ‘Because, madame, if he had beaten us, we should only have been in the condition of Europe, without disgrace. But if we had been so fortunate as to defeat him, we should have greatly added to the renown of our arms.’
He afterwards met her at a select coterie at her own dwelling, where he found the marshals of France, duke of Wellington, and many other persons of rank. On introducing Mr. Clay to the duke, madame de Stael repeated the above anecdote. He replied promptly and gracefully, that had he been so fortunate in the execution of such a commission as to triumph over a foe evincing as much bravery as the Americans had, he should regard it as a greater honor than the most brilliant victory he had ever achieved.
Mr. Clay tarried at the French metropolis two months, during which time news of the glorious victory at New Orleans was communicated to him, whereupon he was heard to remark, ‘now I can go to England without mortification.’ He expressed, however, much chagrin at the reported flight of a body of Kentucky militia from the field of battle on that occasion, but declared his belief, from a personal acquaintance with their bravery, that it must be false.
Soon after, he went to England, where the treaty had been ratified formally, a few days previous to his leaving Paris. In England he received the most marked attention, and formed many valuable acquaintances, which subsequently proved a source of pleasure and profit to him. He won the esteem of lord Castlereagh, who treated him with particular politeness, offering to present him to the prince regent, which Mr. Clay civilly declined, in consequence of his unwillingness to submit to the courtly formalities of such an introduction.
Several days had elapsed, when he was informed by his host that an individual desired to speak with him. Mr. Clay requested that he might be admitted, who accordingly was, who proved to be a person splendidly dressed, and, refusing to be seated at Mr. Clay’s request, announced himself as the first waiter of my lord Castlereagh! ‘Indeed!’ replied Mr. Clay, ‘what is your pleasure with me?’ ‘Why, if your excellency pleases,’ said the man, ‘it is usual for a foreign minister when he is presented to lord Castlereagh to make to his first waiter a present, or pay the customarystipend;’ at the same time presenting him with a catalogue of names of foreign ministers, with the amount that each had paid him placed opposite his name.
Mr. Clay, believing it a vile attempt to extort money from him, endeavored to get rid of him in the easiest way possible, by saying that he was not the minister to England; that Mr. Adams, who was, would probably soon arrive from Paris, who would doubtless comply with the custom of the country in that respect. The servant, not being inclined to release him so easily, quickly replied, that it was immaterial whether he was a resident or special minister. Mr. Clay thought finally that the most effectual way to release himself, was to comply with his demand, and presented him a small sum.
While he was at London the battle of Waterloo was fought, and he witnessed the public rejoicings on account of its favorable termination to the British. He was one day dining at lord Castlereagh’s house in company with many of the nobility, when the conversation turned on the late victory, and the whereabouts of Napoleon, as it was not known where he had gone. Some intimated that he had sailed for America. ‘If he goes there,’ said lord Liverpool to Mr. Clay, ‘will he not give you much trouble?’ ‘None whatever,’ instantly replied Mr. Clay, ‘we shall be glad to receive such a distinguished, though unfortunate exile, and we shall soon make a good democrat of him.’
During his residence in England, Mr. Clay passed his time very agreeably, and laid the foundation for many grateful reminiscences. By the late sir James Mackintosh he was delightfully entertained. He embraced the opportunity of renewing his intimacy with lord Gambier, whose amiable qualities and piety had secured Mr. Clay’s strong attachment. With him he spent a week, visiting with him during that time several places of interest, one of which was the residence of a descendant of William Penn.
In September, 1815, he embarked for New York, where, on his arrival, he and Mr. Gallatin were complimented with a public dinner.
In every transaction of a public character in which Mr. Clay had any agency, he almost invariably rendered himself conspicuous; but in no one did he gather greener laurels, or make a longer stride towards immortal fame, than in that of the negotiation at Ghent. Rumor had preceded him, trumpeting his honors—the faithful and scrupulously jealous manner in which he had almost sleeplessly watched over the interests of his country, and crushed with the strength of a giant the incipient risings of a disposition to destroy or abridge her natural or conventional rights; and when he approached her shores, she opened wide her arms to receive him. In Kentucky, warm, noble-hearted Kentucky, his reception was like that of a dutiful and affectionate son in the long andpassionate embrace of a beloved mother. She welcomed him with a tenderness that would hardly allow the winds of heaven to visit him with gentle rudeness. Enthusiastic rejoicings were enkindled, and spontaneous outpourings of grateful feeling were lavished upon him like rain. He had even been re-elected to congress while he was still in Europe, and unanimously. A doubt having arisen touching the legality of this election, a new one was commenced, which resulted as at first.
At the commencement of the next session, the house again called him to preside over its deliberations, where he soon became engaged in directing successfully the affairs of the nation. As a matter in course, the new treaty was brought forward at an early stage, out of which the federalists, and the opposers of the war in general, endeavored to obtain food for their carping, fault-finding appetites. Passing indifferently and silently by the great advantages which it secured to the United States, they sought, with an eagerness worthy of a better cause, to find some defective or weak point. If in this they were successful, although it might be so diminutive as to escape the detection of any except their microscopic vision when thus employed, it was ridiculously amusing to listen to their barkings, and howlings, and wranglings over it, often for hours; and the multitude and variety of hard names and scurrilous epithets which they would bandy about on such occasions, rendered it necessary for one to go beyond the English vocabulary if he desired to satisfy his curiosity respecting their location. But Mr. Clay soon brought to bear upon them the tremendous battery of his eloquence, which sent the whole yelping pack to their kennels, both in and out of congress. This he did on the twenty-ninth of January, 1816.
Said he, on that occasion, ‘I gave a vote for the declaration of war. I exerted all the little influence and talents I could command to make the war. The war was made. It is terminated; and I declare with perfect sincerity, if it had been permitted to me to lift the veil of futurity, and to have foreseen the precise series of events which has occurred, my vote would have been unchanged. We had been insulted, and outraged, and spoliated upon by nearly all Europe; by Great Britain, by France, Spain, Denmark, Naples, and, to cap the climax, by the little contemptible power of Algiers. We had submitted too long and too much. We had become the scorn of foreign powers, and the derision of our own citizens.’
These opposers laid no small emphasis upon the fact that no stipulation was contained in the treaty respecting the impressment of our seamen. He met this in a strain of lofty argument, whose pungency sank into their hearts like a spear. Said he, ‘one of the great causes of the war and of its continuance was the practice of impressment exercised by Great Britain; and if this claim had been admitted by necessary implication or express stipulation, therights of our seamen would have been abandoned! It is with utter astonishment that I hear it has been contended in this country, that because our right of exemption from the practice had not been expressly secured in the treaty, it was therefore given up! It is impossible that such an argument can be advanced on this floor. No member who regarded his reputation would venture to advance such a doctrine.’
He concluded by stating the position in which the country ought to be speedily placed; advised the preservation of her present naval and military force; to make provision for the increase of the navy; to fortify her most defenceless points; to multiply military roads and canals; and to commence in earnest the great work of internal improvement. ‘I would see a chain of turnpike roads and canals from Passamaquoddy to New Orleans, and other similar roads intersecting the mountains, to facilitate intercourse between all parts of the country, and to bind and to connect us together. I would also effectually protect our manufactories. I would afford them protection not so much for the sake of the manufacturers themselves as for the general interest.’
Mr. Clay resumed his duties in the house by evincing the same far reaching anxiety for the welfare of his whole country, that he manifested when he resigned his station for a foreign mission. To his influence, in a great measure, the origin of the war was owing, its bold prosecution, and satisfactory termination. But besides the advantages which we reaped as the fruits of it, we realized many detrimental consequences incidental to it. An immense debt had been contracted; our commercial, manufacturing, and agricultural interests had been partially suspended, if not totally neglected; we found ourselves greatly in want of articles, the product of mechanical ingenuity, to supply which it was necessary to resort to foreign work-shops; this of course caused large exportations of specie, which seldom returned; the bank issues amounted to upwards of one hundred millions of dollars, while at the same time there was only about fifteen millions of specie in the country. These institutions had of course been obliged to suspend specie payment; distress and pressure every where abounded, and the well disposed and patriotic began seriously to look about them for measures of relief, and restoration to the country. The most judicious and reflecting in the nation, believed that the greatest source of distress was to be found in the deranged state of the currency. Indeed it was completely vitiated. The government paper, bearing interest at six per cent., the redemption of which it had guarantied by pledging the faith of the nation, was depreciated some twenty per cent., and doubt and distrust in money matters were prominent features of the condition of the country. Something must be done, it was obvious, to removethat doubt, and restore confidence, or general stagnation would invade every industrial department throughout the nation. At this period, the individual states presented the singular appearance of being engaged in doing what the constitution evidently intended should be performed by the general government, namely, in reality regulating the currency, through the banking institutions operating under their sanction. This they were executing in a most unfinancial-like manner, in many instances making their paper a legal tender, thus compelling the creditor to accept it or yield his claim.
In this state of things, it was imperiously demanded of congress to interpose the power vested in it by the constitution, and recover that control over the currency which it had suffered to be usurped by the states. The articles in that instrument granting congress the exclusive power of coining money, and prohibiting the states from doing it, and also from issuing bills of credit, rendered it apparent that the power of regulating the general currency was lodged with that body. This was the belief of the most able financiers of that time, and adopted by those of the present. Acting under the influence of this belief, Mr. Madison had at the opening of the session of 1815–16, recommended ‘the establishment of a national bank,’ which ‘he regarded as the best and perhaps the only adequate resource to relieve the country and the government from the present embarrassment. Authorized to issue notes which will be received in all payments to the United States, the circulation of its issues will be coëxtensive with the union, and there will exist a constant demand, leaving a just proportion to the annual amount of the duties and taxes to be collected, independent of the general circulation for commercial and social purposes. A national bank will therefore possess the means and the opportunity of supplying a circulating medium of equal use and value in every state and in every district of every state. Established by the authority of the United States, accredited by the government to the whole amount of its notes in circulation, and intrusted as the depository of the government with all the accumulations of the public treasure, the national bank, independent of its immediate capital, will enjoy every recommendation which can merit and secure the confidence of the public. Organized upon principles of responsibility, but of independence, the national bank will be retained within its legitimate sphere of action without just apprehensions from the misconduct of its directors, or from the encroachments of the government. Eminent in its resources, and in its example, the national bank will conciliate and lead the state banks in all that is necessary for the restoration of credit, public and private. And acting upon a compound capital, partly of stock, and partly of gold and silver, the national bank will be the ready instrument to enhance the value of the public securities, and to restore the currency of the national coin.’
Such were Mr. Madison’s views in relation to a national bank, which were immediately referred to the committee on the national currency; and on the eighth of January, 1816, the chairman of that committee, Mr. John C. Calhoun, of South Carolina, presented an able and elaborate report in relation thereto, advocating the immediate chartering of such a bank as the president had recommended, and detailed its prominent features. When the bill was brought forward for the action of the house, Mr. Clay unequivocally declared himself in favor of its provisions in a speech of great ability and argumentative force, although well knowing that he would thereby subject himself to the charge of inconsistency. He was charged with it by his political enemies, who magnified his departure from the position taken by him in 1811 in relation to the same bank, into a monstrous blemish in his political character; which, if correctly considered, is seen to constitute an ornament, instead. A careful contrast of the grounds on which, and the circumstances under which he then opposed that institution, with those on and under which he now advocated it, will, to any unprejudiced mind, forever exempt him from that charge. Such a contrast will clearly show, that the total change of circumstances which had taken place during the five years that had elapsed since he first examined the merits of that bank, and that wrought in the policy of the general government in that time, to say nothing of the experience received in prosecuting the war, of the utility of and necessity for such an establishment, not only disarmed and rendered invalid now, objections which then were both valid and weighty when directed against it, but absolutely converted them into arguments in its favor. At the time when it was proposed to renew the charter of the old United States bank, Mr. Clay did not think it so essential in accomplishing any of the objects definitely specified in the constitution, as to justify its establishment, on grounds purely constructive. It was supported, too, principally by the federal party, and on the ground that its agency was requisite in executing the financial concerns of government; which ground then was falsely assumed, inasmuch as the local banks of the several states had, in certain cases, been employed to perform that office, which they were successfully executing. They, therefore, being known to compass the specific object for which it was stated the charter of the bank was to be renewed, it was justly regarded by Mr. Clay as a matter of supererogation to renew it, and accordingly he opposed its renewal. In 1816, Mr. Clay supported the bank mainly on the ground of its necessity, to enable congress to exercise that ample and salutary supervision over the commercial and monetary interests of the country, which the constitution expressly gave it; and that, therefore, out of this very necessity, was fairly deducible its constitutionality, since it was absurd to suppose that the constitution wouldgrant to congress a specified right, and at the same time withhold the only means by which it could exercise that right. A stormy and protracted discussion arose respecting the bank charter, during which Mr. Clay came again into collision with Mr. Randolph, causing unusual sensation in the house, and giving rise to apprehensions that something serious might grow out of it. Mr. Randolph animadverted somewhat harshly upon Mr. Clay’s custom of maintaining a uniform silence in his private intercourse respecting his change of opinion in regard to the expediency and constitutionality of a United States bank, using language that might admit of very offensive construction. When he ceased, Mr. Clay, with his usual self-possession and deliberation, rose, and in a few words declared that the offensive language needed explanation; that he should refrain from saying what he conceived himself bound to say, until Mr. Randolph should make it. Mr. Randolph rose, and made the explanation, which Mr. Clay pronounced unsatisfactory; and Mr. Randolph again explained, disavowing all intention to offer offence. During the altercation, an almost breathless stillness had been preserved in the house; a pin might be heard to fall in any part of it.
The bank bill passed the house by a vote of eighty to seventy-one, and the senate by a vote of twenty-two to twelve. On the tenth of April it became a law, went into operation in the early part of 1817, and more than justified the expectations of its friends, in regard to its influence for good upon the varied interests of the country.
During this session, Mr. Clay gave his support to a bill proposing a reduction of the direct tax laid upon the United States. He expressed himself in favor of a moderate land tax, and regarded the existing one as too high for a state of peace. He maintained that ‘in time of peace we should look to foreign importations as the chief source of revenue, and in war when they are cut off, that it was time enough to draw deeply on our internal resources.’ His plan was to make up for a still further decrease of the land tax, by an increase of the duties on imports.
It was deemed desirable to increase the pay of members of congress, which led to the framing and passage of the celebrated compensation bill. It was generally agreed among the members that their compensation (six dollars per day,) was not sufficient for their maintenance at Washington, and allow them to enjoy the society of their families. The principal question that arose respected the mode by which it should be increased. Some were in favor of a stipulated salary, and others of an increase of the per diem pay. On the sixth of March, colonel Richard M. Johnson, one of the committee to whom the business had been referred, reported a bill regulating the pay of members, by a salary of fifteen hundred dollars per session, for each member in congress, whichpassed both houses. Mr. Clay voted for this bill, but at the same time declaring his preference for the per diem rate. The passage of this bill proved particularly obnoxious to the demagogues, throughout the country, who exerted themselves incessantly to excite the passions of the people, evidently for the purpose of accumulating political capital. In no section of the union did the excitement rage to such an extent as in Kentucky. It seemed as though scarcely an individual in the whole state was friendly to it. The ambitious and designing demagogues and ultra federalists united in Kentucky their furious forces, with exultations of delight at what appeared to them the certain prospect of accomplishing the total overthrow of Mr. Clay. They had succeeded to such a degree in kindling a flame of indignation against the measure, that there were at least some grounds of danger. They had long been impotently watching for this opportunity, and now from their various places of concealment they rushed forth, bent upon accomplishing their purpose. After some consultation as to the mode they should adopt, it was finally determined that Mr. John Pope, an eloquent and influential gentleman, should take the field in opposition to Mr. Clay. Accordingly, he immediately commenced political operations in the approved style of the country, by riding about among the inhabitants, addressing them often, setting forth his own merits and claims, and decrying those of his rival. It was not until after being repeatedly importuned by his friends, that Mr. Clay would consent to take the field in person against Mr. Pope. He finally went forth for the first time in his life, to vindicate in person to his constituents, his public political acts.
It has been said that Mr. Clay was the first Kentuckian who preserved dignity and independence of character on an electioneering tour. It was customary at that day in Kentucky, for any one who solicited an office in the gift of the people, to clothe himself in tattered garments, and in the attitude and with the tone of a menial, to go around among them and thus ask it at their hands. Mr. Clay’s exalted sense of dignity and honor would not permit him to conform to this degrading custom, and he visited his constituents attired just as he would go to his seat in congress. He appealed to the people, expressing his entire willingness to be governed by their will, as he was in duty bound, and that he would vote for the repeal of the offensive law, if they instructed him to do so. He corrected their erroneous impressions, and occasionally made those happy and effective appeals to their hearts, which he knew so well how to direct, and he soon found himself almost entirely reinstated in their affections. Mr. Pope, perceiving that he was fast losing ground, made a desperate effort at regaining it, by challenging his rival to meet him on a designated day and discuss their respective claims to the suffrage of the people. It was unhesitatinglyaccepted. They met according to appointment, and in the presence of an immense assemblage, fought their battle of argument, which resulted in the signal defeat of Mr. Pope. Mr. Clay was re-elected by a large majority. The compensation bill was among the first subjects considered by congress after it convened again, which was repealed. The per diem allowance was finally increased to eight dollars per day.
During the canvass, Mr. Clay met an old hunter who had previously been his devoted friend, but now opposed him on the ground of the compensation bill. ‘Have you a good rifle, my friend?’ asked Mr. Clay. ‘Yes.’ ‘Does it ever flash?’ ‘Once only.’ ‘What did you do with it, throw it away?’ ‘No, I picked the flint, tried it again, and brought down the game.’ ‘Have I ever flashed but on the compensation bill?’ ‘No.’ ‘Will you throw me away?’ ‘No! no!’ quickly replied the hunter, nearly overwhelmed by his enthusiastic feelings, ‘I will pick the flint and try you again!’ Ever afterwards he was the unwavering friend of Mr. Clay.
An Irish barber residing at Lexington, had always given Mr. Clay his vote, and on all occasions when he was a candidate for office, electioneered warmly for him. His ardent temperament and unrestrained passions frequently involved him in scrapes and difficulties, out of which Mr. Clay had generally succeeded in extricating him. While the canvass was progressing, after the compensation bill, the barber did not evince his usual zeal and animation, on the contrary seemed to be indifferent as to the result of the election. To all inquiries for whom he designed to vote he answered evasively. He was accosted a few days previous to the election, by a gentleman for whom he entertained the most profound regard, with the question, ‘for whom, Jerry, do you mean to vote?’ Regarding his interrogator with an earnest, shrewd look, he replied, ‘Faix, an’ sure, docthur, I mane to vote for the man who can’t put more nor one hand into the threasury.’ Mr. Pope, the opponent of Mr. Clay, had the misfortune to lose an arm in early life, and this circumstance, while it gave pertinence to the Irishman’s reply, indicated for whom he intended to vote.A few days subsequent to the election, the barber met Mr. Clay in Lexington, and approaching him, burst into tears, saying that he had wronged him, and manifested bitter regret for his ingratitude. ‘My poor dear wife,’ said he, ‘got round me, blubbering, and was after vexing herself and me too. She tould me that I was too bad, too bad, to desart like a base spalpleen, me ould frind. “Niver’s the time, Jerry, dear, when you got in jail or any bad fixin’, niver’s the time he didn’t come to you an’ hilp you out. Och! bad luck to you, for not giving him your vote.”’ The barber was ever after true to Mr. Clay.
In all matters of public importance brought before the house,whenever it was compatible with his station, Mr. Clay interested himself, concerning which his manifestation of regard for the welfare of his country was characterized by unusual uniformity. There was nothing fitful or erratic about his zeal; it burned with a steady, certain light, revealing the secrets of his very soul, in relation to his public intentions and desires. Defeat could not diminish, nor opposition extinguish it; always irrepressible, conflicting circumstances only rendered it more intense. No measures passed through his hands without bearing its impress, and so deep as to appear a part of the same. But there were periods of extraordinary interest, when it blazed with more than meteoric brilliancy—when it constituted the aurora borealis of the political horizon, seen and admired by the whole universe. One of these periods we now approach—a period which reflects the highest honor on his character, for philanthropy and benevolence, and which caused his memory to be enshrined in the hearts of millions remote from the field of his fame—the period of the struggles of the Spanish colonies in South America, to become independent of the mother country. These he contemplated with as much anxiety and solicitude for their result, as though he had been an actual participator in them.
Happily for America, the allotment of Providence introduced Mr. Clay to the stage of public action at one of the most critical times in her history, when just such influence as he could exert was imperiously demanded. The din of the revolution had hardly died away, and the blood with which it was achieved scarcely dried up, when he first came forward in the defence of his country’s rights. The spirit of ‘seventy-six’ had indeed felled the tall trees of tyranny, and plucked up the rank weeds of oppression, and planted the germ of liberty. But the little band of men inhaling that spirit, who had arrayed around the place of the precious deposit a rampart of iron hearts, after irrigating and enriching it with their blood, had either sunk down to an enviable rest in the sacred soil, or with diminished energy, and flagging zeal still maintained their posts. Their pristine strength, however, the storm of war had swept away, and though they still stretched out their scar-covered arms to shield it from invasion, their feeble efforts were hardly sufficient to the task. Dangers were numerous, boding disaster in case the vigilance of that veteran band should slumber. The enemies of freedom, though beaten back, had retired with their weapons in their hands, and from their secret lurking places looked forth, ready to avail themselves of the first favorable moment to sally forth and nip it in the bud. Such were the circumstances, when Mr. Clay joined that weak and diminished company of watchers. He found the tree of liberty a strong and vigorous plant, unfolding its beautiful leaves, but needing great care and culture. There was much foreign rubbish to be removed whichretarded its growth. A glance at its situation determined his course. Nothing within the compass of his ability necessary to hasten on its progress towards maturity, was wanting. Morning, noon and night found him pouring the dew of his diligence upon it in copious effusions. Under its genial influences the trunk shot upward stately and strong, and the wide-spreading branches soon bent beneath large clusters of delicious fruit. The taste of that fruit caused the heart of the nation to bound with gladness, and her good and great men to desire that the inhabitants of the whole world might partake of it. Not a few of them gave utterance to that desire in words that burned with benevolence, but none spoke louder or with more effect than Mr. Clay. His voice infused courage into the hearts of those who were toiling to plant a similar tree on the fertile pampas of South America. Its thunder-tones reverberated among the lofty heights of the Andes, and rang through the halls of the incas. The hunter heard them, and departed for the battle-field to seek a nobler quarry. The gauchios left his lasso on the plain and buckled on his armor. From rank to rank of their embattled hosts they pealed, and nerved their arms to deal the liberating blows.
The first public expression of Mr. Clay’s feelings in relation to South American independence, was made in connection with a proposition to reduce the direct taxes of the United States, which he thought too high for a state of peace. The aspect of our foreign relations at that time was peculiarly amicable, although, from a report that the Spanish minister had made an informal demand for a portion of Florida, seemed to indicate that a rupture with Spain was by no means improbable, and he expressed himself in favor of husbanding our means as much as practicable, in anticipation of such an event. At the same time, he hinted the propriety of assisting her colonial dependents in their endeavors to establish a free government. His remarks caused Mr. Randolph to express his sentiments concerning the same subject, which among other things charged Mr. Clay with entertaining a desire for conquest, indeed as being influenced by unworthy motives. He said he was not ‘going a tilting for the liberties of South America.’ She came not to our aid; let us mind our own business, and not tax our people for the liberties of the people of Spanish America. He declared that her inhabitants were incapable of appreciating or enjoying liberty. He thought Mr. Clay had imbibed the war-spirit of Europe. ‘The honorable gentleman has been sent on a late occasion to Europe; he had been near the field of Waterloo, and he was apprehensive had snuffed the carnage and caught the infection.’ He intimated that Mr. Clay advocated an increase of the army for the purpose of marching them to the scene of action. ‘What! increase our standing army in time of peace on the suggestion that we are to go on a crusade to South America?’ Mr. Claydenied having made the most remote suggestions to that effect,—that his remarks were incapable of being so construed. ‘Do I not understand the gentleman?’—‘I am sorry I do not. I labor under two great misfortunes—I can never understand the honorable speaker, and he can never understand me.’ Such being the case, Mr. Randolph remarked, he should be under the necessity of abandoning the argument with him, since it would be impossible to proceed.
Mr. Clay again alluded to the same subject a few days after, in a most feeling manner. A bill was brought forward to prohibit ‘our citizens from selling vessels of war to subjects of a foreign power,’ which he vigorously opposed because of its evident bearing upon the belligerent state of South America. He said it was impossible to conceal the true character of that bill. ‘Bestow 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 American patriots, now in a state of revolution against the parent country. With respect to the nature of that struggle, 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 enjoying it. At any rate let them have independence. Yes, from the inmost recesses of my soul I wish them independence. 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 neighbors, our brethren occupying a portion of the same continent, imitating our example, and participating of the same sympathies with ourselves.’
During the following month an attempt was made to appropriate and pledge the bonus paid by the United States bank into the public treasury, as a permanent fund to be employed in constructing works of internal improvement. Mr. Clay gave his hearty concurrence to this measure, declaring his belief that ‘there were no two subjects which could engage the attention of the national legislature, more worthy of its deliberate consideration, than those of internal improvements and domestic manufactures.’ A bill was passed constituting such fund, but the president vetoed it on alleged constitutional grounds.
Mr. Clay’s remarks caused great interest to be felt in behalf of South American liberty, and during the summer following, the president appointed three commissioners, Messrs. Rodney, Graham, and Bland, to proceed to South America, and examine her political, civil and social condition as preliminary to rendering them any assistance. Mr. Clay regarded the appointment as impolitic, and when a bill came before the house in March 1818, providing for the support of government, objected to having itembrace a clause appropriating thirty thousand dollars for their compensation, for constitutional reasons. For it he proposed to substitute an amendment, appropriating eighteen thousand dollars as the outfit and one year’s salary of a minister from the United States to the Independent Provinces of the river La Plata in South America. He accompanied the presentation of the amendment with a speech of great power, evincing great geographical and historical knowledge, and setting forth clearly the condition of the people. The amendment, however, was not adopted.
Many members of prominence differed with Mr. Clay, for whose opinions he expressed his respect, and regretted that his own convictions of expediency and duty led him to take a different view of the subject. He directly avowed that considerations of liberty and humanity had no little weight with him in advocating their cause, but at the same time his belief, that the adoption of the measure under consideration, while it would add to the renown of the republic, would render material assistance to those who were greatly in need of it. He vindicated himself from the charge which had been made, that he was desirous of fomenting a war between the states and Spain. He indulged in animating anticipations of the number and importance of the governments which might be formed in those vast, fertile, and beautiful provinces. To attempts at proving the movements of the colonists as rebellious, opposing the lawful government of Spain, he replied by clearly showing that if that power had possessed a legal claim to their allegiance, she had forfeited it by withholding that protection requisite to entitle her to it, and that consequently the people of Spanish America were contending for nothing more than their legal and natural rights. ‘But’ said Mr. Clay, ‘I take a broader, bolder position. I maintain that an oppressed people are authorized, whenever 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 and traitors, and that we are at this moment legislating without competent powers, before we can condemn the course of Spanish America.’ He contended that if we were justified in our attempts at independence, much more was she, who had writhed beneath the scourge of oppression so long, so much longer than we; that if they were worthy of success, if they were entitled to succeed from the justness of their cause, then surely we ought to wish it, especially when we consider the barbarous character of the war. He maintained that we were deeply interested, in recognizing their independence. Even then our commerce with those provinces was considerable, and would greatly increase after they should become permanently settled as free and independent nations. Theact would attach them to us, nay, it would bind them to us by relations as intimate as those of kindred; they would become our powerful allies. Mr. Clay said he took this ground, not because he desired to force our principles where they were not wished, but simply from feelings of sympathy. We knew by experience how sweet it was to receive that when we were in circumstances that tried men’s souls. There could be no danger, nor objection to stretch out towards their people the hand of friendly sympathy, to present to those abused and oppressed communities an expression of our good will, to make them a tender of those great principles which we have adopted as the basis of our institutions. Their ignorance and inability had been brought forward, by those opposing the measure, as completely incapacitating them for self-government. These, he contended, had been greatly magnified, but admitting them to be as unqualifying as they had been represented to be, the fact ought rather to increase our pity for them, and to urge us to seek the more earnestly, by all reasonable and just means within our reach, their liberation from that detestable system which chained them to such a servile state. He ridiculed the idea that recognition could be made a just pretext for war. ‘Recognition’ 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.’ Mr. Clay’s efforts were not successful at this time; no minister was despatched to South America; the friendly mission was deferred until 1821, when he submitted, on the tenth of February, a resolution to the house, ‘declaring that the house of representatives participated with the people of the United States in the deep interest which they felt for the success of the Spanish provinces of South America, which were struggling to establish their liberty and independence, and that it would give its constitutional support to the president of the United States, whenever he might deem it expedient to recognize the sovereignty and independence of those provinces.’
On this resolution, a warm and protracted debate ensued, which was finally adopted, by a vote of eighty-seven to sixty-eight, and Mr. Clay was appointed chairman of a committee to communicate to the president the action of the house.
On the eighth day of March, 1822, the president transmitted to the house of representatives a message recommending the recognition, which Mr. Clay had so long struggled for. On the twenty-eighth the vote of recognition was taken, when it appeared that there was but one dissenting voice.
Thus at last were the noble and generous efforts of the patriot statesman crowned with success as complete as they had been persevering. Years had elapsed between their commencement and glorious consummation; years of toil, anxiety, and hope, butnow the harvest time had come. The president and congress, from vehemently opposing his views in relation to their independence, by his persuasive arguments were brought over to them, who officially stretched out the hand of the nation, to clasp with friendly pressure those of the infant republics of the south. As a matter of course, the act was denounced as one of folly and fraught with danger, by the personal and political enemies of Mr. Clay, but the truly philanthropic, throughout the land, regarded it with approbation, and described it as just what the greatest free nation on the globe should do towards those who were worthy of it. It was applauded throughout the world, but particularly by those towards whom it was directed, with enthusiastic expressions of gratitude. The supreme congress of Mexico voted him the thanks of the nation, for his zeal and efficient labors in their behalf.
During the struggle, his speeches were frequently read at the head of the patriot army, and the effect was always to increase their intrepidity and valor. The name of Clay became associated with every thing dear and valuable in freedom, and was pronounced by both officer and soldier with reverence; and many were the epistolary notices which he received, of the high estimation in which his services were held, by that suffering, but successfully struggling people. The following is a specimen.
BOGOTA, 21st November, 1827.
SIR,—I cannot omit availing myself of the opportunity afforded me by the departure of colonel Watts, chargé d’affaires of the United States, of taking the liberty to address your excellency. This desire has long been entertained 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 services you have rendered to us, by sustaining our course with a sublime enthusiasm. Accept, therefore, this sincere 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.
‘I have the honor to offer to your excellency my distinguished consideration.
‘Your excellency’s obedient servant,
‘BOLIVAR.’
To the above, Mr. Clay replied, of which the following is an extract.
WASHINGTON, 27th October, 1828.
‘SIR,—It is very gratifying to me to be assured directly by your excellency, that the course which the government of the United States took on this memorable occasion, 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 independence would be established free institutions, insuring all the blessings of civil liberty. To the accomplishing 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 patriotic 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 thenecessity has ceased which led to their formation, especially if their numbers are disproportioned 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 virtuous 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 the consideration with which your excellency honors me, and deviate from the frankness which I have ever endeavored to practice, if I did not on this occasion state that ambitious designs have been attributed by your enemies, to your excellency, which have created in my mind great solicitude. They have cited late events in Colombia as proofs of these designs. But slow in the withdrawal of confidence which I have once given, I have been most unwilling to credit the unfavorable accounts which have from time to time reached me.
‘I cannot allow 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 explanation 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 patriotic resolution of ultimately placing the freedom of Colombia upon a firm and sure foundation. That your efforts to that end may be crowned with complete success, I most fervently pray.
‘I request that your excellency will accept assurances of my sincere wishes for your happiness and prosperity.
‘H. CLAY.’
His magnanimity, his disinterestedness, and his philanthropy, stand out in bold relief, in the above extract from his appeal to Bolivar. It evinces the same spirit of kind regard for the welfare of the South American republics which he invariably manifested towards that of his own. Its tone, the nature of its sentiments, and its more than open frankness, utterly preclude the belief that selfishness had any agency in its dictation. It exhibits him, cherishing as strong a desire that the happy institutions, immunities, and privileges of liberty should be established and enjoyed in them, as he felt in supporting and perpetuating those of his own. No one can rise up from its perusal and candidly question the purity of his motives, nor charge him with an overweening ambition. In short, no one unblinded by prejudice can fail of beholding in it, his generous, uncalculating attitude.
During Mr. Madison’s administration, Mr. Clay was twice offered a seat in his cabinet by him, or the mission to Russia. The president reposed in him most unbounded confidence, and correctly appreciated his preëminent abilities. At the breaking out of hostilities, Mr. Madison selected him as commander-in-chief of the army. But Mr. Clay, thinking that he could render his country more efficient service in her public councils, declined all attempts at removing him from them, though he well knew that he did so at the expense of his private interests. These, however, never appear to have entered into or influenced in the least his calculations. ‘My country first, myself afterwards,’ is legibly written on every part of his public career.
After the accomplishment of his desires in relation to South America, he again reverted to his favorite policy; favorite, because he saw its intimate connection with the growth and prosperity of his country, as calculated to develope her vast resources, and to pour into her lap the blessings of a virtuous and free people. The formation of Mr. Clay’s attachment to internal improvements and domestic manufactures, is coeval with his entrance into congress; and when matters demanding immediate attention had been disposed of, he would bring them forward, and labor to make the conviction of their importance sink deep into the heart of the nation. When Mr. Madison returned, with his objections, the bill appropriating the bonus of the United States bank for purposes of internal improvements, Mr. Clay expressed his astonishment. He had confidently calculated on its receiving the signature of the president; for he had particularly invited the attention of congress, in his message, ‘to the expediency of exercising their existing powers, and where necessary, of resorting to the prescribed mode of enlarging them, in order to effectuate 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.’ Mr. Clay had heard, through the medium of uncertain rumor, that Mr. Madison designed to veto the bill, whereupon he sent him a communication, requesting him, if he entertained any constitutional scruples about signing it to let the whole matter rest and pass over to his successor for action. The president, however, took a different view of the subject, and on the third of March, returned the bill. On the following day, Mr. Monroe was inducted into his office, who, it was conjectured, prior to seeing Mr. Madison’s veto-message, had prepared his inaugural address in such a manner as to recommend, in strong terms, the policy of promoting internal improvements, but that, on reading Mr. Madison’s objections to the bill, he changed his opinion. It was thought he was led to do so partly from fear, and partly from a desire to conform his views with those of his predecessor. Subsequently he stated that a careful investigation had conducted him to the conclusion, that the power of making internal improvements was not vested in congress, and that to clothe that body with it, an amendment of the constitution was requisite. Opposition such as this policy had encountered, from so exalted a source as that of three chief magistrates, (Messrs. Jefferson, Madison and Monroe,) would have appalled a mind of ordinary strength and perseverance; but Mr. Clay was one who never formed an opinion with precipitancy, but only when, by the most diligent inquiry, he had established a foundation for it in reason and philosophy. Erected upon this basis, he would adhere to it, though confronted by thecombined opposition of the world. A compromise of principle he was a stranger to. Nothing disheartened, therefore, by the magnitude of the obstacles opposed to his progress in advocating his favorite measures, by those high in authority, he seemed to gather fresh energy from every new one that he encountered. In March, 1818, a resolution was submitted to the house, declaring that congress had power to construct military post-roads and canals, and also to appropriate money for that object. The opposition to this presented a formidable array of strength, and brought forward every objection that political ingenuity could devise. Mr. Clay did not deem it advisable to consume the time of the house in examining in detail any except those denominated constitutional. His whole aim, therefore, was to prove that the power alleged in the resolution, was derivable from the constitution; and this he accomplished in the most convincing manner. In construing this instrument, he observed the same rules which governed his action in relation to the bank bill of 1816. He maintained that every power, which appeared necessary and proper, to secure the lawful exercise of constitutional rights, was fairly impliable, and that this necessity and propriety must be determined by the discretion of those who exercised it, ‘under all the responsibility of a solemn oath,’ and the knowledge that they were the subjects of those laws that they passed, and that they were amenable to the people, who held in reserve the right to resist tyrannic usurpation. Mr. Clay argued that the power to establish post-roads, expressly specified in the constitution, involved the power to construct them. This position he illustrated with the clearness of demonstration, by referring to that clause which gives congress the power of making war, and employing the resources of the country in prosecuting it. He declared that, from the same provision, the power of transporting those means was derived by implication; and that therefore, to secure such transportation, congress might legally construct military roads, &c. His adversaries, compelled to yield before his powerful reasoning, fell back, and intrenched themselves behind the concession that peculiar emergencies might justify the exercise of the power in question. From this he drove them, by proving that this concession contained the admission that the constitution conveyed ‘the power; and,’ said Mr. Clay, ‘we may safely appeal to the judgment 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 the power if you can exercise it during the emergency, claims the right of providing beforehand against the emergency.’ They finally fortified themselves behind the position, that it was not requisite for the general government to construct such works, because individual enterprise would do itas soon as sectional interests should demand their construction. Here he hemmed in and captured them. His motion was adopted by a vote of ninety to seventy-five. It was a triumph, and a signal one, over opposition that had been accumulating and strengthening during two previous administrations; and which in the then existing one, was directed against him with all the violence and impetuosity that reserved energies could impart to it. It must have been a moment of proud satisfaction to the indefatigable statesman, as he beheld the last vestige of opposition disappear beneath his feet, and himself the sole occupant of the place on which he had so happily succeeded in founding a basis for that noble, incomparably noble system, fraught with every good and every immunity which a virtuous people could desire. This system has since been erected so much under his supervision, and through his direct instrumentality, as to give him the title of ‘its father.’
Mr. Clay advocated the policy of carrying forward the construction of the Cumberland road, as rapidly as possible, and exerted himself from time to time, to procure appropriations for that purpose; with what earnestness, we may learn from his own language, declaring that ‘he had to beg, entreat, and supplicate congress, session after session, to grant the necessary appropriations to complete the road.’ Said he, ‘I have myself toiled until my powers have been exhausted and prostrated to prevail on you to make the grant.’ A monument of stone has been erected on the road, surmounted by the genius of liberty, and bearing as an inscription, the name of ‘Henry Clay.’ The importance of this road to the public may be learned from some remarks made by Mr. Clay, on the occasion of a dinner given him by the mechanics of Wheeling, Virginia, in which he declared the great interest that work had awakened in his breast, and expressed his ardent desire that it might be prosecuted to a speedy completion. He said that a few years since, he and his family had employed the whole or greater part of a day, in travelling the distance of about nine miles, from Uniontown to Freeman’s on Laurel Hill, which now, since the construction of the Cumberland road over the mountains, could be accomplished, together with seventy more, in the same time. He considered its importance so great to the union, that he would not consent to give it up to the keeping of the several states through which it passed.
Mr. Clay’s latest congressional efforts in behalf of internal improvements, were made on the sixteenth of January, 1824, when he made a speech before the house, on a bill authorizing the president to cause certain surveys and estimates of roads and canals to be made. Mr. Monroe and a strong party of supporters assumed the ground, that congress had no control over the post roads, other than to use such as had been established by the states individually,and that their construction and repair (and consequent alteration and closure) did not belong to the general government. To this doctrine Mr. Clay replied, by saying, ‘is it possible that this construction of the constitution can be correct—a construction which allows a law of the United States, enacted for the good of the whole, to be obstructed or defeated in its operations by a county court in any one of the twenty-four sovereignties? Suppose a state, no longer having occasion to use a post-road for its own separate and peculiar purposes, withdraws all care and attention from its preservation. Can the state be compelled to repair it? No! Then may not the general government repair this road, which is abandoned by the state power? And may it not protect and defend that which it has thus repaired, and which there is no longer an interest or inclination in the state to protect and defend? Is it contended that a road may exist in the statute book, which the state will not, and the general government cannot repair and improve? What sort of an account should we render to the people of the United States, of the execution of the high trust committed to us for their benefit, if we were to tell them, that we had failed to execute it because a state would not make a road for us? The same clause of the constitution which authorizes congress to establish post roads, authorizes it also to establish post offices. Will it be contended that congress, in the exercise of the power to establish post offices, can do no more than adopt or designate some preëxisting office, enacted and kept in repair 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. Barbour, of Virginia, was among the most vigorous assailants of the policy advocated by Mr. Clay. He contended, that if it were carried out, an encroachment on the rights of the states would be the inevitable consequence; that their jurisdiction would be abridged. He was answered in such a manner as to show that there was no ground of alarm to be apprehended from that source; that all the control which the general government sought to exercise, related simply to constructing and preserving the road, and the maintenance of the necessary measures of its defence, and that all illegal acts committed upon it would be left for adjudication by the state through which it passed. Mr. Clay contended that the general government derived the right of constructing canals, from the specified rights of making war and regulating domestic and foreign commerce. His reasoning was clear and conclusive, and when the final vote was taken, the majority was much greater than the most sanguine supporters of the measure had anticipated, showing a great increase since 1818, when he discussed the same subject. The opposition were now prostrated, indeed they had on this occasion brought out their whole strength, and many wereheard to say, that if defeated now, they should regard the policy of internal improvements permanently settled. Many, therefore, who had formerly opposed it, on witnessing Mr. Clay’s complete triumph, adopted his views, and came over to his aid.
It has always been a prominent principle with Mr. Clay, in his legislative career, to give a judicious direction to his exertions, so that if they were successful, his country would be benefited, but if unsuccessful, that she should not sustain any harm. In this one feature of his action, is seen, as in a mirror, the purity of his patriotism. His exertions, as directed towards the subject of internal improvements, have been productive of incalculable benefit to the nation, and to individuals. They have awakened, and employed, and given an impetus to an amount of enterprise unmeasured, the salutary effects of which, every hill and vale of our vast country has felt. And the sea has felt them too; the sails of commerce have been multiplied by them, and foreign shores have groaned beneath the burdens of rich freights, which they have heaped upon them. But who, in imagination, even, can enumerate the number and the depth of the new channels of enterprise which they are destined yet to create, where industry may roll her golden tide, and build by their sides the abodes of a mighty, free, and happy people. Through the long vista of years to come, it needs no prophetic ken to look, and read, on many a monument of adamant, interspersed among them, in characters of imperishable fame, inscribed the name of HENRY CLAY.
Near the commencement of 1817, efforts were made by the friends of the free colored population in the United States, to ameliorate their condition. For this purpose, a meeting was convened at Washington, on the twenty-first of December, 1816, over which Mr. Clay was called to preside. On taking the chair, he stated the object of the meeting to be, to consider the propriety and practicability of colonizing the free people of color of the United States, and of forming an association relative to that object. In regard to the various schemes of colonization which had been suggested, that appeared the most feasible, which contemplated some portion of the coast of Africa. There, he said, ample provision might be made for the colony itself, and it might be rendered instrumental in introducing into that extensive portion of the globe, the arts of civilization and christianity. He said there was a peculiar and moral fitness in restoring them to the land of their fathers.He went on to state, that he had understood it constituted no part of the object of the meeting to touch or agitate in the slightest degree, a delicate question connected with another portion of the colored population of our country. It was not proposed to deliberate on or consider at all, any question of emancipation, or that was connected with the abolition of slavery. It was upon that condition alone, he was sure that many gentlemen from the southand west, whom he saw present, had attended, or could be expected to coöperate. The meeting resulted in the formation of the Colonization Society, of which Bushrod Washington was chosen president.
In March previous, Mr. Clay expressed his views relative to holding congressional caucuses, for the purpose of making nominations. He thought them not compatible with the nature of the powers delegated to them by the people, as calculated to meet their disapprobation, and establish a precedent which might prove dangerous to their liberties.
When congress adjourned, in March, 1817, the house unanimously voted Mr. Clay their thanks, for the ability and impartiality with which he had presided over their deliberations, and the correctness of his decisions on all questions referred to the chair. He replied in an apposite and beautiful manner, saying that next to the approbation of one’s own conscience, and one’s own country, was that of the immediate representatives of the people. He spoke of the difficulties of legislation; said there were three periods that might be denominated difficult; the first was that which immediately preceded a state of war; the second was that which existed during its continuance; and the third was that which immediately succeeded it. The last was the one through which they had just passed—the most difficult of the three, when every thing pertaining to the general and state governments was unsettled, and when disorganization to a greater or less extent prevailed; when the task of supplying deficiences, strengthening weaknesses, and correcting abuses, was by no means light or pleasant. He congratulated them on the efficient manner in which they had discharged that task, to which the records of the house bore ample testimony. He closed by tendering them his thanks, for the flattering expression of good feeling with which they had honored him, presuming that it was prompted more by a spirit of kindness, than by a sense of justice to him, as he was sure he did not merit it, and by pledging their united efforts, as an offering to their common country, in advancing their best interests.
When he reached Lexington, its citizens gave him a dinner, and as heretofore, showered on him their enthusiastic approbation and applause.
In January, 1817, the subject of the well known Seminole war was brought before the house for its consideration. Several features relating to the mode in which it had been conducted, demanded, in the opinion of many humane members, a critical investigation. The character which had been given to that war, by the chieftain to whose management it was intrusted, was reflecting strongly on the honor and justice of our country. She had sustained a grievous injury from a portion of the Seminole Indians, who, during the last war, aided the British arms againsther, and feeling that she had just cause for seeking redress, despatched general Andrew Jackson, at the head of a strong military force, to obtain it. He marched into their territory, and in a short time so reduced them, that a portion sued for peace. A treaty was accordingly prepared, in August, 1814, but which was not signed by many of the chiefs, except those previously friendly to our country, who constituted only about one third of the nation. This misnomered treaty, from its cruel and unheard-of tyrannical exactions, had found a much more appropriate resting place by the side of the ruthless interdicts of a Nero, or a Trajan, than in the archives of a christian nation. The poor natives, reduced to actual starvation, their wigwams and villages in ashes, withering in the dust beneath the feet of the conqueror, had no alternative but to submit to death, or just such terms as he chose to dictate. They preferred the latter, which was meted out with a hand nerved with all the unrelenting sternness of patriotism, without any of its mercy. The Indians obtained what they sought, but they paid dearly for it. The instrument granted them peace, on condition that they would cede a large portion of their territory to the United States, and yield them important powers and privileges over the remainder, and deliver into the hands of the conqueror the prophets of their nation. It needed only a superficial knowledge of the Indian character, to perceive that their proud and haughty spirit would not long brook a compliance with terms so abjectly humiliating. Not many months elapsed before they began to renew their depredations on our frontiers. Though acts of cruelty, on the part of the Seminoles, were of frequent occurrence, apparently calling loudly for vengeance, still they were greatly palliated by a letter from ten of the Seminole towns, addressed to the commanding officer of fort Hawkins, on the eleventh of September, 1817, in which it was stated that not a solitary white man had been butchered by them, except in revenge for the unprovoked murder of an Indian. ‘The white people,’ it declared, ‘killed our people first, the Indians then took satisfaction. There are yet three men that the red people have never taken satisfaction for.’ The governor of Georgia, accurately acquainted with all the facts, declared his honest and sincere conviction that they were not in fault. But supposing the whites had not been guilty of outrages on the Seminoles, subsequent to the date of the treaty, yet its unjustly oppressive character, the paucity of their chieftains’ signatures attached to it, and the obligations imposed on the United States, by the ninth article of the treaty of Ghent, towards the Indian tribes, to say nothing of the law of nature, justified, in our humble opinion, the attempts of the Seminoles to shake off the insupportably heavy burden which military despotism had bound upon them. In view of these facts, in relation to general Jackson’s treatment of the Seminoles, it is unnecessary to say, that his second expedition against them wasnot marked by one mitigating or lenient feature; that they were treated more like dogs than men; that their chiefs were decoyed by him into his camp, and there seized and instantly put to death. In short, that every principle of honor, humanity, and justice, which ought to accompany the operations of a civilized army, was utterly disregarded. It is not surprising, therefore, that the patriotically disposed, in congress, on beholding the dark spot gathering on the escutcheon of their country’s fame, in consequence of such high-handed proceedings, should rise up and attempt to efface it. General Jackson’s conduct in the Florida war, was made the subject of special investigation, during the session of 1818–19. A series of resolutions were offered to congress, severely censuring it, which Mr. Clay sustained in a speech of unparalleled ability. Although on terms of personal intimacy with the general, although he accorded to him his just meed of praise, for the distinguished service he had rendered his country in the battle of New Orleans, still Mr. Clay thought he had transcended the limits of both law and equity, and did not allow his feelings of friendship for him to interpose any obstacle to the frank and fearless avowal of his sentiments. He commented very severely upon his treatment of Indian prisoners, in ordering their inhuman massacre, after obtaining possession of them, by the artifice of a ‘false flag,’ not hesitating to pronounce it wanton, barbaric, and uncalled for. But his flagrant violations of the rights of neutrality called forth his sharpest animadversions. During the campaign, two Indian traders, Messrs. Arbuthnot and Ambrister, the former a Scotchman, the latter an Englishman, had fallen into the hands of general Jackson. Ambrister was found in the Indian camp, Arbuthnot within the limits of Spanish jurisdiction. The Englishman was suspected of having instigated the savages to make war upon the whites, and the Scotchman was charged with informing the Indians of their rights, as secured to them by the treaty of Ghent, and of having advised them to maintain them by force of arms. These unfortunate men, he ordered the one to be shot and the other hung, in direct opposition to the decision of a court martial of his own choosing. The turpitude of this act, Mr. Clay exhibited in its true colors. He contrasted the execution of Arbuthnot with the blackest act of Napoleon, the execution of Louis of France, and showed that for atrocity, and disregard for justice and clemency, it cast the latter far into the back-ground. His aggression committed upon the Spanish authorities, in seizing upon St. Marks and Pensacola, fell under the rod of his reprobation. Mr. Clay denounced these acts as falling little short of tyrannic usurpation, and which could not be justified on any ground of justice or reason. His speech on this occasion, has been compared to the polished orations of Sheridan, in the case of Hastings, but as exhibiting a much milder spirit, one of sincere sorrow, instead of revenge.
The resolutions were rejected by a small majority, which is not surprising, on considering that Mr. Monroe, his cabinet, and nearly all the house, were disinclined to arraign the conduct of general Jackson in the Seminole war, and when we reflect that Mr. Clay did not repeat his efforts, as he usually did. The general, who soon after visited Washington, took umbrage at Mr. Clay’s speech, and carried his animosity so far as to refuse to have any intercourse with him, although he called on him directly after his arrival, thus evincing an unabatement of friendship.
To whatever part of Mr. Clay’s congressional career we turn our eyes, we invariably find him actively engaged in building up that magnificent system of domestic utility, whenever circumstances admitted. This he commenced, as we have seen, previous to the war, and his attachment to it had been increasing ever since, until the conviction of its indispensable importance to the country had sunk so deep into his mind, as to cause him to toil unremittingly, in order that the beneficial influences of that system might be diffused over it as soon as possible. For these, the farmer at his plough and the mechanic in his shop were stretching out their hands. These, our infant manufactories, which sprang up to supply the demands caused by the war, demanded, and these were requisite to make the union (what Mr. Clay never lost sight of,) independent in reality, as she was in name, of all foreign powers.
It was obvious to both parties in congress, that in order to accomplish an object so essential to the welfare of the nation, a protective tariff was necessary. Accordingly, on the twelfth of March, 1816, Mr. Lowndes, of South Carolina, one of the committee of ways and means, made a report relative to the policy of protection. He sustained the policy by an able speech, and was followed by Mr. Calhoun, who also advocated it. Mr. Clay yielded his unqualified assent and vindication, and sought to cause the bill to be so formed as to secure efficient protection for woollen fabrics. It was finally adopted.
In April, 1820, the subject of a protective tariff came again before congress. The distress which the country had experienced since 1816, was seen to have originated, in a great degree, from inadequate protection, particularly that which had fallen upon the manufacturing districts. To a bill revising and improving the tariff of 1816, Mr. Clay gave his ardent support. As on former similar occasions, he urged its adoption on the high ground of national utility. ‘I frankly own,’ said he, ‘that I feel great solicitude for the success of this bill. The entire independence of my country of all foreign states, as it respects a supply of our essential wants, has ever been with me a favorite object. The war of our revolution effected our political emancipation. The last war contributed greatly towards accomplishing our commercialfreedom. But our complete independence will only be consummated after the policy of this bill shall be recognized and adopted.’ The bill, though passed by the house, was defeated in the senate.
In 1824, the distress of the country had increased to such an enormous extent, that the most serious apprehensions began to be entertained, lest the productive energies of the land would be completely annihilated, unless some remedy should be devised. There was no department which did not feel its blighting influence; navigation and commerce, no less than agriculture and manufactures, tottered beneath the tremendous weight of gloom, which, like a dense cloud of ruin, overshadowed the whole nation. Our vessels were either lying idle at their moorings, or mostly going in ballast; all encouragement for enterprise was taken away; produce was plenty, but purchasers few; our granaries and store houses were full to overflowing, and in many instances, their contents were going to decay; to obtain money, except at ruinous rates, was out of the question, consequently labor was in little demand and poorly rewarded; the depreciation of property of all kinds was unparalleled, and disorder and embarrassment pervaded every rank and condition of every industrial department. It was under such circumstances, that a farther revision and enlargement of the tariff of 1816 was proposed. In the house, the committee on manufactures reported a bill to that effect, at the same time expressing their opinion, that the evils which then existed, were clearly traceable to inefficient protection of domestic industry, and of relying too much on foreign producers, thereby allowing the specie, the life-blood of the country, to be drained out of it. This defect the bill proposed to remedy. Mr. Clay came forward in its support, under the most solemn impressions of the exceedingly lamentable condition which his country was in, and evinced, by every tone of his voice and look of his countenance, his deep anxiety to extend to her the hand of speedy relief. ‘If it were allowable for us at the present day,’ said he, ‘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 graciously pleased to shower on my country his richest blessings, and that he would sustain, on this interesting occasion, the individual who stands before him, and lend him the power, moral and physical, to perform the solemn duties which now belong to his public station.’ He felt that it was indeed a sad sight, to behold a free and mighty nation sitting in sackcloth and ashes, with her hands shackled by a policy as unwise as it was foreign to her interests, with which, had they been free, she could have clothed herself with beautiful garments, excited the envy and admiration of the world, and brushed like chaff every vestige of depression and distress from her borders. He contended that the causes ofthese were easily discoverable, and as easily removable; that they were entirely within our control, and that we had but to will it and the work was done, and it was high time, he said, to set about it. Evils of every description had been accumulating during the last ten years, until they had become so numerous and great as to be no longer patible. But it was a source of satisfaction to know that they need not be endured—that they were medicable—that with a change of policy they would disappear, as certainly as darkness disappears before light. A cultivation of her own resources, he said, would relieve the country. If she would break away from that state of foreign vassalage, into which she had voluntarily entered, the streams of commerce would again fertilize her fair fields.If she would but extend her hand and pluck from her breast the thorn, which her own suicidal policy had planted there, he avowed his belief that the rose of industry would spring up in its place. This change of policy, he believed, would accomplish all that would be requisite to her peace and prosperity. In supporting the bill, however, he had to encounter much and strong opposition, at the head of which stood Daniel Webster. The collision of these eloquent and intellectual giants, is said to have been inconceivably grand. Says a gentleman who witnessed it, ‘the eloquence of Mr. Webster was the majestic 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 angel touch, and swept anon by all the fury of the raging elements.’ Mr. Clay, aware that he was contending for the very vitality of his country, had nerved himself up to one of his mightiest efforts, one which would demolish every opposing obstacle, and plant his foot in complete triumph on the ruins of the strongest holds of his assailants. He turned aside every weapon directed against his system, and entirely disarmed all opposition. The bill passed the house on the sixteenth of April, by a vote of one hundred and seven to one hundred and two, and shortly after became a law, and its beneficial effects were felt throughout the country. The operations of this system, in connection with the United States bank, which was now rapidly correcting the derangements in the currency, filled the land with gladness and prosperity. Enterprise came forth from his retiracy, to which the previous embarrassment had driven him, and shaking the dust of sloth from his garments, cast his eyes about over the vast and beautiful field which invited his occupancy. Encouraged by the loud and united voices of this wisely regulated institution, and the American system, he took immediate possession. The desert bloomed, the forest fell, the mill arose, and the wheel of industry, which before was slumbering on its rusting axle, under the guidance of his potent hand began again its healthful revolutions, and soon the land was belted by her green and golden tracks. He hushed the voice of woe, and caused the loud shout of joy to goup from every hill and vale throughout the nation. After she had enjoyed his life-imparting influence eight years, Mr. Clay thus describes her appearance. ‘We have the agreeable contemplation of a people out of debt, innumerable flocks and herds browsing on ten thousand hills and plains covered with rich and verdant grasses, our cities expanded, and whole villages springing up as it were by enchantment, our exports and imports increased and increasing, our tonnage, foreign and coastwise, fully occupied, the rivers of our interior animated by countless steamboats, the currency sound and abundant, the public debt of two wars nearly redeemed, and, to crown all, the public treasury overflowing, embarrassing congress, not to find subjects of taxation, but to select the objects which shall be relieved from the imposts. If the term of seven years were to be selected, of the greatest prosperity which this people have enjoyed since the establishment of their present constitution, it would be exactly the period of seven years which immediately followed the passage of the tariff of 1824.’ Who can doubt, after an impartial survey of the whole ground, (and a superficial one is sufficient,) who can doubt that the materials for limning the above strong, but correct picture, were furnished by a sound currency, and a judicious tariff. As long as the term tariff shall remain in the English vocabulary, will the memory of Henry Clay, in all the verdancy of spring, abide in the heart of the nation.
Notwithstanding the sturdy opposition which Mr. Webster arrayed against this system, as advocated by Mr. Clay, he became its ardent supporter when time had tested and proved its importance. Many other public functionaries also, who had assailed it in the most vindictive manner, laid down their weapons, and cordially embraced, with strong protecting arms, its salutary provisions. Even bigotry and prejudice were forced into an unwilling acknowledgement of its utility, and were soon seen placing themselves in a situation where its benign influences would fall upon them.
In 1819, the most exciting question that ever agitated the councils of the nation, came before congress for adjustment—the question of admitting Missouri as a state into the Union. It was correctly called a ‘distracting question,’ for it caused a political earthquake, whose quaking influences were felt from one end of the land to the other; and even now its recollection causes a sensation of terror to come over those who were the immediate witnesses of it. Its contemplation made the stout-hearted patriot, and the immovably good of all classes, to turn pale with fear, who believed, that unless it could be calmed, it would engulph in irremediable ruin the liberties of the republic. It was not the simple question of admission which convulsed the country, but the terms with which it was proposed to connect her reception into the confederacy—terms involving another question, one which furnishedall the fuel which kindled the fires of the most acrimonious strife, in every section of the nation—the question of slavery. The question of admission divided the country into two great parties. A large and respectable portion of her representatives at Washington, desired the admission to be unconditional, while the other wished it to be subject to certain conditions, among which was the following: that ‘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 farther introduction of slavery or involuntary servitude is prohibited, except for the punishment of crimes whereof the party shall have been duly convicted.’ With the certainty of intuition, Mr. Clay foresaw and predicted the alarming consequences which would flow from the fiery crucible of public debate, if this combustible condition was placed in it, and rang the tocsin peal of his voice in the ears of the nation. Although opposed to slavery, and declaring that if he were a citizen of Missouri, he would strenuously oppose any farther introduction of slaves into her, and provide for the emancipation of those already within her borders, still he believed we had no right to compel her to adopt our opinions, especially as she was unrepresented, and preferred leaving the subject of slavery to be settled by her alone.
The condition, however, was made the subject of the most stormy debate in the house, and carried. The bill containing it was sent to the senate, which returned it to the house, after rejecting the condition. Neither house would abandon its opinion, consequently the bill for admitting Missouri was defeated, and unfortunately the question was laid over for the action of the next session. This gave time greatly to augment and embitter the tempest of contention that had been raised over this matter in congress, which soon drew within its eddying vortex, in one fierce wrangle, the entire people. Their representatives, on the adjournment of congress, carried the infection among them in every direction, which created the most violent monomania relative to this condition, demanding the sacrifice of ease, domestic avocations, and even health itself. The press reeked with inflammatory appeals, and when they reässembled at the session of 1819–20, they were almost wafted to their seats on the wings of the furious commotion. Under such circumstances the discussion was renewed, which was conducted in such an angry manner as to add fresh fuel to the flame raging without. Resolutions in favor of, and opposed to the condition, were passed by several states, and placed on the tables in congress, which already groaned beneath the ponderous weight of similar documents, from associations and public meetings throughout the country. These, instead of shortening, tended only to prolong the debate. At one time, Mr. Clay spoke about four hours against the condition, but his speech, we regret to say, wasnever reported. Those who were in favor of subjecting her admission to the specific condition, brought forward the acts of congress passed in connection with the admission of Ohio, Indiana, and Illinois, into the union, which was coupled with a similar condition, or one even more restrictive in relation to slavery, as proof that it had a right to impose conditions on admitting a state. The principal argument of those opposed to the condition was derived from the constitution, which they contended bestowed on congress no power whatever over slaves, except what had already been exercised, in prohibiting their importation after the year 1808, that the slave states never would have joined the confederacy, if the power now claimed had been conferred by the constitution, that the day when it should be usurped, would be the last of the union, that Louisiana, Kentucky, Tennessee, Mississippi, and Alabama, had been admitted into the union, unsubjected to any such condition, and that therefore Missouri should also be received on the same ground.
After the smoke of the political battle had somewhat cleared up, the vote was again taken on the question of restriction, which showed a majority in the senate against, and in the house for it. At the same time before congress was an application from Maine for admission to the privileges of a state, which the senate coupled with that of Missouri, but the house refused to sanction the union. Finally, the question was referred to a joint committee from both houses, who attempted to decide it by compromise. By this, Missouri was admitted without restriction, but it was provided ‘that in all that territory ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees and thirty minutes north latitude, not included 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 forever prohibited. Provided always, that any person escaping into the same, from whom labor or service is lawfully claimed, in any state or territory of the United States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.’
By this act of congress the territory was authorized to frame a constitution and state government, which should not infringe any article of the constitution of the United States, and required to transmit to congress ‘a true and attested copy of the same,’ when a final resolution of congress would be requisite to its admission into the union.
In June, 1820, the territory complied with these conditions, and introduced into her constitution an article making it the duty of the legislature ‘as soon as might be to pass such laws as were necessary to prevent free negroes and mulattoes from coming toand settling in the state under any pretext whatever.’ This clause called forth the most violent censure of the friends of restriction, which caused the flames of contention to burst out anew and with redoubled violence. Mr. Clay found himself, in the autumn of 1820, obliged to resign his seat as speaker, and retire from congress, to repair by the practice of law, his fortune, which had been greatly diminished by heavy losses sustained by his becoming security for a friend.
At the commencement of the session of 1820–21, the constitution of Missouri was placed in the hands of a committee, who reported in favor of her admission. The senate passed an act to that effect, but the house rejected it. The admission of Missouri was opposed on the ground that free people of color were citizens of the state of their residence, and as such they possessed an undoubted right to remove to Missouri, and that her prohibition of their removal within her limits, was a flagrant violation of the constitution of the United States. On the other hand it was maintained that whether bond or free, the African race 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 permanent and would overrule the conflicting provision of the former, without the interference of congress.
Such was the question which menaced a disruption of the union. Almost daily, in some form or other, it presented itself, wearing a more threatening aspect at each successive appearance, engendering in the hearts of the two contending parties, feelings of the most bitter animosity, clogging the wheels of government, and effectually impeding, and almost extinguishing all legislative action.Says one familiar with this question, ‘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 village and hamlet. Had a few more materials of excitement been kindled, the work of destruction would have been instant and complete.
In this crisis, when the last fingerings of hope seemed to have departed, that an amicable adjustment of the question would be effected, all eyes were turned towards Mr. Clay, as the only person who could avert the calamities which seemed suspended over the nation. He reached Washington on the sixteenth of January 1821, and found congress in the greatest scene of confusion imaginable. Legislation was absolutely terminated. The most envenomed feelings of hatred rankled in the bosoms of the two parties, who, frowning darkly on each other, bore a stronger resemblance to two belligerent armies, with their weapons in their hands,impatiently waiting for the word to rush into the maddening conflict, than to companies of grave and sober legislators. He was immediately waited on by both parties, who expressed the strongest anxiety that the vexed question might be settled and entreated him to devise some method by which it might be consummated. He expressed his views freely, and urged them to select some common ground on which both parties could meet and harmonize their opinions. On the second day of February, he made a motion to commit the question to a committee of thirteen, to be chosen from both parties, a number suggested by the original states of the union, which was accepted. Mr. Clay, in a report submitted to the house on the tenth of February, by him as chairman of the committee of thirteen, introduced a resolution for the admission of Missouri, on the following conditions:
‘It is provided that the said state shall never pass any law preventing any description of persons from coming to or settling in the said state, who now are or may hereafter become citizens of any of the states of this union, and also that the legislature of the said state by a public act shall declare the assent of the state to this provision, and shall transmit to the president of the United States, on or before the fourth Monday in November next, an authentic copy of the said act, upon the receipt whereof, the president by proclamation shall announce the fact, whereupon and without any farther proceedings on the part of congress, the admission of the said state into the union shall be 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.’ The report was made to include this provision with direct reference to those who opposed the admission in consequence of the repugnance of a clause of the constitution of Missouri to the constitution of the United States, which, if they were sincere in their opposition, would cause them to desist. The house took up the report on the twelfth, when Mr. Clay entered into a minute detail of the deliberations of the committee, the difficulties that attended them, and the causes which led to the adoption of the resolution in the report, and concluded by beseeching them to cherish a feeling of conciliation, and to temper their proceedings by moderation. The report was rejected in committee of the whole on the state of the union, but was afterwards adopted in the house. On the third reading of the resolution, another sharp debate ensued, which was terminated by Mr. Clay, who is represented as having reasoned, remonstrated, and entreated, that the house would settle the question. He is represented as having been almost the only individual who was collected and calm. While others were covered with the foam of fierce debate, and lashed into fury by the combinedinfluences of political or personal animosity, he seemed like one dwelling in the region of perpetual serenity on some lofty mountain, and contemplating unmoved the storm that was raging and bursting around its base. ‘Every darker passion seemed to have died within him, and he looked down upon the maddening and terrific scene with that calm and sublime regret, and gave utterance to his thoughts in that high, majestic, and pathetic eloquence, which seemed almost to designate him as a superior being commissioned by heaven to warn our country against the sin of anarchy and blood.’ The resolution, notwithstanding his exertions, was lost.
On the fourteenth, the two houses met for the purpose of ascertaining the result of an election that had been held for president and vice president, and while the ceremony was being performed, a scene of confusion occurred, on the presentation of the votes of the electors for Missouri. The senate withdrew, and with much difficulty Mr. Clay finally succeeded in restoring order, when the senate, on its being announced to them that the house was ready to complete the business for which they were assembled, returned. On proclaiming the result, it appeared that James Monroe had received two hundred and thirty-one votes, including those of the electors from Missouri, and two hundred and twenty-eight, if these were excluded. While the president of the senate was announcing the result, two members of the house claimed the floor to inquire what disposition had been made of the votes of Missouri, whereupon a scene of confusion and turmoil ensued, that beggars description, and the house was compelled to adjourn, in order to put a period to it.
The rejection of the report of thirteen, both in and out of congress, was regarded as a disaster. Those who had been most active in effecting it, soon began to repent their rashness, and the blackness of despair seemed to be settling down upon the councils of the nation. Mr. Clay sagaciously concluded that the feelings of despondency which they began to evince, would, if allowed to take their course, accomplish what reason, and argument, and philosophy could not; that they would cause the headstrong to reflect, and retrace their steps. He had driven them to the very ‘ultima thule’ of argumentative debate, applying the lash of logic at every step, until they had become insensible to its infliction. ‘What is your plan as to Missouri,’ he would say to them. ‘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 public domain which lies within her limits? Do you mean to drive her back to a territorial condition? Do you intend to coërce her to alter her constitution? How will you do all this? Is it your design to employ the bayonet? We tellyou 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.’
Various propositions were submitted in both houses, for the purpose of healing the breach which every day seemed to be widening, but all fell short of accomplishing the object. Finally, on the twenty-second, Mr. Clay presented the following resolution:
‘Resolved, that a committee be appointed on the part of the house, jointly with such committee as may be appointed on the part of the senate, to consider and report to the senate and house of representatives respectively, whether it be expedient or not, to make provision for the admission 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 condition ought to be made a law.’
This resolution was adopted in the house by a majority of nearly two-thirds, and in the senate by a much larger one. The committee, Mr. Clay proposed, should consist of twenty-three, a number answering to all the states in the union, and so exerted his influence in their selection, as to secure a majority favorable to the settlement of the whole matter, in the manner and form proposed.
The joint committees met on the twenty-fifth of February, 1821, and proceeded to consider and discuss the question of admission. Mr. Clay, with a vigilance that did not slumber for an instant, exerted himself to infuse into the members of the committees a portion of his own conciliatory spirit, exhorting them to mutual concession, and declared that it would be utterly futile to report any plan of adjustment in which they could not unanimously concur, when it should be submitted to the final test. So firmly convinced was he, that the effort which they were then making, was the last feasible one that could be made for the settlement of the question on which they were deliberating, as to cause him to address individually the members of the committees, in order to make such thorough preparation as to preclude the possibility of defeat. And it was found on the next day that such preparation had been made; the resolution was adopted by a vote of eighty-seven to eighty-one in the house, and despatched to the senate, which unhesitatingly agreed to it, and thus the question which had convulsed congress for three sessions, and nearly distracted the land, was at last settled, and mainly through the influence of Mr. Clay. The proclamation of the president was issued, and Missouritook her place among her sisters of the confederacy. This event was greeted with the highest demonstrations of joy, and Missouri, beautiful Missouri, from her majestic forests and broad prairies, from her ancient mounds and mighty rivers, pealed her loud anthems of grateful praise to her and her country’s deliverer, hailing him as the second Washington, as one who had plucked the brand of discord from the hands of ten millions of enraged and exasperated people, and put in its place the olive branch of peace. The incense of exulting hearts was lavished on Mr. Clay like rain. His agency in settling one of the most difficult and dangerous questions that ever has arisen since the adoption of our present constitution, was clearly seen, deeply and gratefully felt, and thus publicly acknowledged. No one then was so blind as not to see that it was his hand that rent the pall of gloom, which enshrouded the whole land. His labors and his incessant and health-destroying toils to bring this question to a happy consummation, constituted a topic of conversation which was in the mouth of every one. Although the journals of the day do not record the many speeches made by him on the occasion, yet it is reported that his exertions in speaking and acting were almost superhuman. If a stranger arrived in Washington, whose influence he thought could be made to bear favorably on the settlement of the question, he instantly endeavored to enlist it. Mr. Clay himself was heard to say, that so intense had become his excitement, and so exhausting his efforts, his life would in all probability have been sacrificed to them, if the admission of Missouri had been delayed a fortnight longer. There is no doubt, that he taxed his patriotism, his eloquence, his philanthropy, his intellect, and his every attribute of mind and body, to the utmost, and strained the bow of life almost to breaking, to accomplish this, and it is saying very little to observe, that a nation’s thanks are his due, and that his signal service, in allaying the most tremendous storm that passion, prejudice, and sectional feeling ever raised, has imposed a debt of gratitude upon her, which posterity alone can pay.
At the time of the greatest turbulence over the Missouri question, when the fury of the contending parties in congress had broken down every barrier of order and decency, and was rushing rampant over the field of debate, certain southern gentlemen in the house, headed by Mr. Randolph, concocted a plan for withdrawing the entire body of members from the slaveholding states, from its deliberations, and abandon the business to the representatives of the other states. Had this been carried out, anarchy, civil war, and the effusion of blood would have followed inevitably. About this time, when an amicable settlement was nearly despaired of, and when the house was in session one evening, Mr. Randolph approached Mr. Clay and said, ‘Mr. speaker, I wish you wouldleave the house. I will follow you to Kentucky, or any where else in the world.’ Mr. Clay, regarding him with one of his most searching looks for an instant, replied, in an under tone, ‘Mr. Randolph, your proposition is an exceedingly serious one, and demands most serious consideration; be kind enough to call at my room to-morrow morning, and we will deliberate over it together.’ Punctual to a minute, Mr. Randolph was there, and closeted with Mr. Clay, discussed for some time the then all absorbing question connected with the admission of Missouri. Mr. Clay maintained, with all the force of his fine colloquial powers, the plan of compromise, as the wisest and best which he could suggest, and, in his opinion, that could be suggested, declaring his sincere conviction that the slaveholding states might adopt it, without any sacrifice of principle or interest. On the other hand, Mr. Randolph contended that it could not and would not be adopted; that the slave states occupied a correct position, and would maintain it at all hazards, and would not proceed an inch towards a compromise. They finally separated without agreeing on any thing that was calculated to harmonize their action in congress. ‘Oh! Mr. Randolph,’ said Mr. Clay, as the former was about stepping from the house, ‘Mr. Randolph, with your permission I will embrace the present occasion to observe, that your language and deportment on the floor of the house, it has occurred to me, were rather indecorous and ungentlemanly on several occasions, and very annoying indeed to me, for, being in the chair, I had no opportunity of replying.’ Admitting that such, perhaps, might be the case, Mr. Randolph replied that he too had often been much vexed at witnessing Mr. Clay’s neglect to attend to him when speaking. Said he, ‘I have seen you often, when I have been addressing the chair, I have seen you often turn away your head and ask for a pinch of snuff.’ ‘Oh! you are certainly mistaken, Mr. Randolph, you are mistaken if you think I do not listen to you; although I frequently turn away my head, it is true, and ask for a pinch of snuff, still I hear every thing you say, when seeming to hear nothing, and I will wager, retentive as I know your memory to be, Mr. Randolph, that I can repeat as much of any of your recent speeches as you yourself can.’ ‘Well, I do not know but I am mistaken,’ he replied, ‘and suppose we drop the matter, shake hands, and become good friends again.’ ‘Agreed,’ said Mr. Clay, and extended his hand, which was cordially embraced by Mr. Randolph. They never spoke to each other, however, during the remainder of the session.
Soon after this meeting, Mr. Clay was successively, and without concert, informed by the late governor Edwards and general C. F. Mercer, the one a senator and the other a member of the house, that Mr. Randolph was present at and witnessed the death scene of the gallant and lamented commodore Decatur, that he remained gazing a long time upon his corpse, agitated with deep emotions,and that he had been heard to express a desire to have, and with Mr. Clay, an affair of honor similar to that which brought Decatur to his untimely end. This information naturally put Mr. Clay upon his guard, and ever after during the session, whenever he met Mr. Randolph, he refrained from addressing him.
It is said that Mr. Randolph used all his influence in trying to induce one of the gentlemen above mentioned not to agree to a settlement of the Missouri question, as he (Mr. Randolph) feared that this, if accomplished as it was desired, would secure Mr. Clay’s election to the presidency.
During the same session, and some time previous to their interview, Mr. Randolph accosted Mr. Clay with a look and manner betokening the deepest concern, exhibiting to him a letter couched in very abusive and insulting terms, threatening to cow-hide him, and asked Mr. Clay’s advice as to the course he should pursue in relation to it. ‘What caused the writer to send you such an insulting epistle, Mr. Randolph?’ said Mr. Clay. ‘Why, I suppose,’ said he, ‘it was in consequence of what I said to him the other day.’ ‘What did you say?’ ‘Why, sir, I was standing in the vestibule of the house, when the writer came up and introduced to me a gentleman who accompanied him, and I asked him what right he had to introduce that man to me, and told him that the man had just as good a right to introduce him to me, whereat he was very indignant, and said I had treated him scandalously, and turning on his heel went away. I expect that made him write the letter.’ ‘Do you not think that he was a little out of his head to talk in that way?’ replied Mr. Clay. ‘Why, I have been thinking about that,’ said Mr. Randolph, ‘I have my doubts respecting his sanity.’ ‘Well, that being the case, would it not be the wisest course not to bring the matter before the house? I will direct the sergeant-at-arms to keep a sharp look out for the man, and to cause him to be arrested, should he attempt any thing improper.’ Mr. Randolph expressed his acquiescence in the speaker’s opinion, and nothing more was heard of the subject.
On another occasion, when the same question was before the house, Mr. Randolph informed Mr. Clay that he had come to the conclusion to abandon his invective and caustic irony in debate, and in future to confine himself to pure argument; that he had come to this conclusion in consequence of the advice of chief justice Marshall. He tried pure argument, but was unsuccessful, not awakening any interest in those who listened to him. He finally fell back into his old eccentric, sarcastic track, where he was at home, and crowds flocked to hear him, as usual. In Mr. Randolph’s hands ridicule was a powerful weapon, and one which no member knew how to use better than he, but sound reasoning and logical disquisition he wielded awkwardly—they were untempered weapons when used by him, about as effective as a rush inthe hands of a child. One day he came in contact with a very able debater, Mr. Sheffey, one of his colleagues from Virginia, who, in a playful sally, had made some remarks which aroused the irascible temper of Mr. Randolph, who replied to him and concluded by offering him the following morceau of advice. ‘My worthy colleague possesses talents of a high order, but they are not very versatile. They qualify him for a particular sphere only, beyond the limits of which nature never designed him to travel. That sphere is logic. In this he can do battle with the boldest, but when he transcends it, he has less power than a pigmy. Therefore, as a friend, I would in the spirit of kindness, advise him never to leave it for any other; but especially would I caution him, as he values his reputation and safety, never to venture within the unexplored and unsubjugated regions of wit, for whose labyrinths and intricacies he has neither taste nor talent. As no other motive but a tender solicitude for the gentleman’s welfare, has prompted this advice, I hope it will be received and appreciated accordingly.’ Mr. Sheffey, in reply, remarked that he did not like to remain in Mr. Randolph’s debt, and would therefore cancel the heavy demand which he owed the gentleman, for his exceedingly valuable advice, by returning the compliment. He accordingly advised him never to aspire after logic, as it was an instrument of whose use his ignorance was more than sophomoric, and that in his hand it was like a knife in the hands of a child. ‘In my opinion, from the armory of wit the facetious member may draw weapons every way adapted to his capacity, and I would therefore advise him never to resort to any other.’ When he concluded, Mr. Randolph sprang to his feet, and in his quick, off-hand way, said, ‘I will take back all that I have said, by way of advice, to my colleague, for he has given satisfactory evidence that he is a man both of logic and wit.’ The incident furnished much mirth to the house. The next day, Mr. Randolph recommenced the attack with increased bitterness, and was called to order several times by Mr. Clay, who, after repeated trials, succeeded in checking him. Mr. Sheffey was much excited, and was called to order also, when Mr. Clay observed that he would be out of order in replying, as he was, to any other member, except Mr. Randolph.
At one time, Mr. Randolph, in a strain of most scorching irony, had indulged in some personal taunts towards Mr. Clay, commiserating his ignorance and limited education, to whom Mr. Clay replied by saying, ‘sir, the gentleman from Virginia was pleased to say, that in one point, at least, he coincided with me—in an humble estimate of my grammatical and philological acquirements. I know my deficiences. I was born to no proud patrimonial estate from my father. I inherited only infancy, ignorance, and indigence; I feel my defects; but so far as my situation in early life is concerned, I may without presumption say, they are more my misfortunethan my fault. But, however I deplore my inability to furnish to the gentleman a better specimen of powers of verbal criticism, I will venture to say my regret is not greater than the disappointment of this committee, as to the strength of his argument.’
The following incident aptly illustrates Mr. Clay’s readiness at repartee. At the time of the passage of the tariff bill, April sixteenth, 1824, as the house was about adjourning, a friend of the bill observed to Mr. Clay, ‘we have done pretty well to-day.’ ‘Very well, indeed,’ rejoined Mr. Clay, instantly, ‘very well; we made a good stand, considering we lost both our FEET;’ alluding to Mr. Foote, of New York, and Mr. Foot, of Connecticut, both having opposed the bill, who it was confidently expected but a short time previous would support it.
During Mr. Clay’s absence from congress, which, as has been before stated, was occasioned to furnish him an opportunity to repair pecuniary losses, he was appointed, in connection with Mr. Bibb, to attend the Virginia legislature, for the purpose of adjusting certain Kentuckian land claims. The land laws of Kentucky were a source of great perplexity and litigation, subjecting those who had settled there prior to her separation from Virginia, to great inconvenience and loss. In his appeal to the general assembly of Virginia, Mr. Clay manifested unusual anxiety to protect the interests of the occupants of the soil, in the state from which he was a delegate, and succeeded in awakening a corresponding feeling of sympathy in the hearts of those whom he addressed. He drew a vivid picture of the privations and hardships which the settler had to encounter, placed him before them in the attitude of bidding adieu to the ‘tombs and temples of his fathers,’ then followed him to the wilderness, and traced his toilsome progress, step by step, until he brought him to the period when he began to reap the reward of his labors. He exhibited him sitting at twilight in the door of his comfortable tenement, looking out upon his broad enclosures, the happy partner of his cares by his side, and his dear little ones enjoying their innocent pastimes around him, and almost made them see the heavings of his grateful heart, and the moistening of his eye, as he surveyed the abundance of domestic bliss, and peace, and plenty, which his industrious hand had gathered about him. This, said Mr. Clay, is the bright side of the picture; now let us look at the dark; and then, in his solemn, impressive, and inimitably graphic manner, with a quivering lip, and a hand tremulous with emotion, he pointed to the same group, yet he painted no happy look, he caused no shout of sportive joy to ascend, but he rendered audible the deep sigh, the suffocating sob, and piercing groan; he made almost visible the furrowed brow of toil-worn manhood wet with the dew of despair, a broken-hearted wife drowned in grief, surrounded by sorrowing childhood,all fixing a last look upon a home dear to them as their lives, as they were about to depart to rear a new abode in the uninviting wilderness. This is no picture of a heated imagination, said Mr. Clay, it is suggested by scenes of almost every day occurrence, and it is to prevent their occurrence that prompts us to attempt the adjustment of these conflicting ‘land claims.’ Equity, humanity, and benevolence, all urge this; they all mingle their voices of mercy, and beseech that when the settler has by his honest and industrious efforts acquired the comforts and blessings of social and domestic life, he shall be permitted to enjoy them, and not be in danger of being dispossessed by a prior claim to his domain, and of which he was ignorant. In one of his most pathetic strains, he attempted to quote the 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 commenced, but could not finish them; some words had escaped his memory, but without the least hesitation he pressed his hand upon his forehead a moment, in recalling them. All believed that this momentary hesitation was caused by the recollections of other years, which were swelling in his heart and checking utterance, and when he withdrew his hand from his brow and cast his tearful eyes over the assembly, and in his impassioned manner repeated the lines, there was one general gushing of tears, as if all hearts had been melted beneath his look and tone.
In the course of the year, Mr. Clay, in behalf of Kentucky, and B. W. Leigh, Esq., in behalf of Virginia, met at Ashland, and concluded a convention, which 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 had now, during his three years absence from congress, realized his wishes in repairing his pecuniary losses, and at the earnest and repeated requests of his fellow citizens, accepted a renomination, and was again elected without opposition a member of the house of representatives.
In consequence of intense application to his professional duties, Mr. Clay’s health had become materially impaired; indeed his life was despaired of. During the summer of 1823, he had visited, without receiving much benefit, the Olympian Springs, in Kentucky, and submitted to a thorough course of medicine, but all remedial means failed to arrest what appeared to be a gradual decline, which was conducting him apparently rapidly to the period of his dissolution. He began to think seriously, as a last resort, on going south to spend the ensuing winter, but it was requisite for him to be in Washington in November, and his own feelings inclined him to be there at the commencement of the session, incase it were practicable. He finally, after consulting with his friends, abandoned the prescriptions of his physicians, procured a light carriage and a good saddle-horse, and riding, driving, and walking, leisurely made his way to the seat of government. When he reached Washington, he was nearly well.
At the opening of the eighteenth congress, on the first Monday of December, 1823, Mr. Clay was elected speaker to the house, over Mr. Barbour, of Virginia, the late speaker, by a vote of one hundred and thirty-nine to forty-two. Shortly after his election, the following beautiful jeu d’esprit appeared in the National Intelligencer.
“As near the Potomac’s broad stream, t’other day,