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 immediate progenitors 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 thoroughly for

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

ease with 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, at the 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 words the 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. It cannot 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 disapprobation more 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 a furious 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 been engaged 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 well be 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 energies for 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 rumors was 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 the novel

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 to proceed 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 had by 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, as

well 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 the uncertain

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 him with 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 of the 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, two of 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 in the 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 diffusing copious 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, combining with 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.