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 delivered in
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 unreservedly and 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 war upon 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 duty towards 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 and frontier
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 to every 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 gigantic power 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 were exposed
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
from Liberty’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 sessions of 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 against Great
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, exhausted
treasury, 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 his estimation 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 is the fall of the
nation. Here are no such dangerous aggregations of people. New York,
and Philadelphia, and Boston, and every city on the Atlantic, may be
subdued by 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 odious system 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 future events 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 more easily 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 despise us――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 we
deliberate 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 to common 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 expedient at 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 repeated attempts 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 a more 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 disposition
was 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 were subsequently 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.’