Mr. Clay was a lover of Liberty, not exclusively on account of any particular advantages her possession might confer, but on account of her own intrinsic loveliness and inalienability. In looking at his political career, we find that his most gigantic efforts were put forth whenever he discovered a disposition to abridge her lawful exercise. It seems to have been even at its commencement a settled principle with him, to resist oppression under whatever form presented. This he discovered in the odious Alien and Sedition laws, enacted in 1798–9. These were anathematised by the democracy of the country, as hostile to our institutions, involving an unwarrantable assumption of power, manifestly unconstitutional, savoring strongly of tyrannical usurpation, and not to be tolerated. The Alien law empowered the president to command any alien whom he should judge dangerous to the peace and safety of the country, to depart out of the territory within such time as he should specify, under penalty of being imprisoned for a time not exceeding three years. The Sedition law was intended to guard against the abuse of speech and of the press. Besides subjecting to imprisonment, it imposed a heavy pecuniary fine, on such as combined, conspired, or united, to oppose any governmental measure,—who should utter, write, print, publish, &c., any false, and scandalous, and malicious writing, against the government of the United States or the president, &c. The appearance of these laws was greeted with one general outburst of indignation, from one end of the land to the other, but in no section was the expression of disapprobationmore strongly marked or prompt than in Kentucky. In the front rank of those who opposed them stood young Clay, dealing blows so thick and heavy with the ponderous battle-axe of his eloquence, as to drive his foes in disorder and dismay from the field of political strife.
It is related that on one occasion the people had assembled in a large crowd in a grove near Lexington, to listen to a discussion to come off between the advocates and opposers of these laws. The greatest interest had been awakened, extensive preparation made by the combatants, and with the most inflammatory zeal they entered the lists. The assemblage was first addressed by Mr. George Nicholas, a gentleman of distinguished ability and commanding eloquence. His effort is represented as having been one of great vigor, and characterized by that logical and philosophical acumen, for which he was so celebrated. When he ceased, the populace, wrought up to the highest degree of enthusiasm, poured out their rapturous applause. ‘Clay,’ ‘Clay,’ was now loudly called from all directions, and as he ascended the stand, it was clearly perceptible by his eagle eye and compressed lips that no ordinary emotions were struggling in his bosom. As the spirit of the tempest finds the ocean when he descends in his mightiest energy, so he found the boisterous mass swelling to and fro like the surges of the deep. But he was at home doing his legitimate work, pouring the oil of eloquence over a turbulent sea of passion, until its tumultuous heavings subsided and left one quiet, calm, and unruffled surface. The subject in his hands appeared in a new light, and he soon succeeded in securing for it that attention which is accompanied with feelings too deep for utterance: like those experienced by one standing on the edge of a crater, gazing down into its fiery abyss. His predecessor had poured a flood of sunshine over the multitude, which caused those heartfelt, spontaneous out-gushings of joyful emotion, which are its usual comcomitants. But his office was that of the lightning’s flash and thunder peal, hushing, awing, and subduing. When he closed there were no clamorous expressions, no deafening shouts of applause, but something far more significant he read in the quivering lips, indignant looks, and frowning brows around him; and heard, in the deep low growl that came up, a much more flattering tribute to his talents. He was followed by Mr. William Murray, an orator of great popularity, and well qualified to exhibit acceptably the merits of those laws, if indeed they possessed any. His efforts, however, were futile. The conviction of their pernicious tendency had been planted too deep in the minds of the people by Mr. Clay, to permit them to listen to their merits, or to allow them to believe that they had any. He would not have been suffered to proceed had not the previous speakers urgently solicited permission. Another attempt was made to reply, but the people could be restrained no longer, and made afurious rush towards the place occupied by the speaker, who was compelled to make a precipitate retreat to escape personal violence. They now seized Nicholas and Clay, bore them on their shoulders to a carriage, and amid the most enthusiastic cheering, drew them through the streets of Lexington. A proud day was this for Mr. Clay; a day in which he earned a far more glorious title than any that royal hands could confer upon him, that of the ‘great commoner.’ It was the first of the bright days of the years of his fame—the sure precursor of that unfading chaplet which time was destined to bind about his brow.
In 1803, Mr. Clay, in company with several of his personal friends, was spending several weeks at the Olympian Springs, in Bath county, for the benefit of his health, and during that time there was an election of members to the legislature. His friends, without his knowledge, and as appears contrary to his wishes, brought him forward as a candidate. The prospect of his election was not very flattering; indeed, it seemed to be impossible. Several candidates who were veterans in the business, had occupied the field sometime in advance of him, and besides electioneering warmly for themselves, employed the influence of powerful friends. Though he ran very well at the commencement, it was thought that he was somewhat behind. His opponents, besides using every legitimate, resorted to unfair means to accomplish his defeat, reporting that he was incapacitated for the office by ill health; that he did not desire, neither would accept it. Such measures in all probability would have been successful, had not his opportune return before the canvass had progressed very far, furnished occular proof of the falsehood of these assertions, and enabled him to counteract the influence of the slanderous reports put in circulation. It was repugnant to his feelings, contrary to his exalted ideas of honor, and did not comport with the dignity of the office to set forth personally his claims and qualifications. But yielding to the entreaties of his friends, and urged also by the base subterfuges and low intrigues every where practiced to defeat his election, he consented to enter the arena, and right well did he acquit himself, as the sequel will show. His remarks were few, exceedingly pertinent, conveying to the electors his views of state policy, refuting such of the reports as were false, and admitting such as were true: to wit, that he was young and inexperienced, that he had not proclaimed himself a candidate, nor sought their suffrage; but since his friends had seen proper to place his name before the people, it would be gratifying to them if he could be elected. While thus engaged in stump speaking, as it is termed in Kentucky, an incident occurred which it may not be amiss to relate. It illustrates his tact and ingenuity in seizing and turning to good account trivial circumstances, for which he is so celebrated, and to which he is indebted for the enviable title of being great in little things. He had beenengaged in speaking some time, when a company of riflemen, who had been performing military exercise, attracted by his attitude, concluded to go and hear what that fellow had to say, as they termed it, and accordingly drew near. They listened with respectful attention and evidently with deep interest, until he closed, when one of their number, a man about fifty years of age, who had evidently seen much backwoods service, stood leaning on his rifle, regarding the young speaker with a fixed and most sagacious look. He was apparently the Nimrod of the company, for he exhibited every characteristic of a mighty hunter,—buckskin breeches and hunting-shirt, coon-skin cap, black bushy beard, and a visage which, had it been in juxtaposition with his leathern bullet pouch, might have been taken for part and parcel of the same. At his belt hung the knife and hatchet, and the huge indispensable powder-horn across a breast bare and brown as the bleak hills he often traversed, yet which concealed as brave and noble a heart as ever beat beneath a fairer covering. He beckoned with his hand to Mr. Clay to approach him, who immediately complied. ‘Young man,’ said he, ‘you want to go to the legislature, I see?’ ‘Why, yes,’ replied Mr. Clay, ‘yes, I should like to go, since my friends have seen proper to put me up as a candidate before the people; I do not wish to be defeated.’ ‘Are you a good shot?’ ‘The best in the country.’ ‘Then you shall go; but you must give us a specimen of your skill; we must see you shoot.’ ‘I never shoot any rifle but my own, and that is at home.’ ‘No matter, here is old Bess, she never fails in the hands of a marksman; she has often sent death through a squirrel’s head one hundred yards, and daylight through many a red skin twice that distance; if you can shoot any gun you can shoot old Bess.’ ‘Well, put up your mark, put up your mark,’ replied Mr. Clay. The target was placed at the distance of about eighty yards, when, with all the coolness and steadiness of an old experienced marksman, he drew old Bess to his shoulder and fired. The bullet pierced the target near the centre. ‘Oh, a chance shot! a chance shot!’ exclaimed several of his political opponents. ‘A chance shot! He might shoot all day and not hit the mark again; let him try it over, let him try it over.’ ‘No; beat that, beat that, and then I will,’ retorted Mr. Clay. But as no one seemed disposed to make the attempt, it was considered that he had given satisfactory proof of being the best shot in the county; and this unimportant incident gained him the vote of every hunter and marksman in the assembly, which was composed principally of that class of persons, as well as the support of the same throughout the county. The most remarkable feature respecting the whole transaction is yet to be told. Said Mr. Clay, ‘I had never before fired a rifle, and have not since.’ The result of the election proved Mr. Clay much more popular than it had been supposed he was; he was elected almost by acclamation. Our astonishment may wellbe excited, when we consider that this was the first time that he was a candidate for an office, and the circumstances under which it took place. It must be certain that he was esteemed a young man of great promise and ability. That confidence he seems so early to have inspired he has ever retained, and it is a no less just than flattering tribute to his worth, that where he is known best, there he is esteemed the most. This appears from the fact that the citizens of Fayette county have never refused him an office when brought forward by his friends as a candidate.
At the time of his election to this, his first office, the public mind was much agitated in reference to the Lexington Insurance Company. Felix Grundy, a political partizan of great eminence, had proclaimed himself hostile to its existence, and expressed his intention to move the repeal of its charter. This question was brought to bear directly on the election, and as the views of Mr. Clay were known to be opposed to his, he was selected to advocate the claims of the institution. The attempt made during the ensuing session to procure the repeal of the incorporating law was easily defeated by him, but in the succeeding one Mr. Grundy himself was a member, and a majority of the House came pledged to support the measures advocated by him. Argument in such a state of things it was thought would avail little; for the representative, feeling bound to obey the will of his constituents, would be compelled to vote for the repeal, although convinced of its injustice. The debate that ensued was one of great ability, conducted by Mr. Clay and Mr. Grundy, and attracted crowds of spectators. They were both young, aspiring after forensic honors, and both eloquent. Mr. Grundy, though wily, shrewd, and a good political manager; in strength of argument, force, and felicity of illustration, and the faculty of setting his subject in a strong light before his hearers, was evidently inferior to his antagonist. Mr. Grundy at first waged an aggressive war, and with great boldness and vigor demolishing his enemy’s outposts, pushed his way far into his country. Elated with success, and the ease with which he overcame all opposition, he imagined victory already achieved. But he was destined to be checked midway in his brilliant career, to encounter his enemy’s strong corps de reserve. The contest is represented as having exhibited a scene of eloquent sublimity, seldom witnessed or surpassed. Mr. Grundy had marshalled his forces with the skill of a veteran, and flanked by powerful auxiliaries, was proceeding in the utmost regularity, and as he thought with absolute certainty, to strike the last decisive blow. A phalanx thus appointed, led on by such a general, seemed invincible, and indeed was, if any could be in such a conflict. Up to the time of the grand onslaught, Mr. Clay seemed to be regardless of the operations of his adversary. He was, however, silently engaged in collecting and arranging his resources, and treasuring his energiesfor the final hour; and when it came he arose and hurled them at the heads of his mighty foe and emissaries as the avalanche hurls his ice-mount, or the volcano his scathing flood of flame. Mr. Grundy’s struggle to maintain his ground was desperate, but short, for no force could do it under such circumstances; and, finding himself borne backwards by the impetuosity of his assailant, he attempted to effect an honorable retreat. In this he failed, and was finally compelled to surrender.
Although the measure passed the house, the senate, whose members had listened to the discussion, without any efforts, pro or con, refused most unanimously to sustain it; and thus the company, through the efforts of its vindicator, was suffered to retain its charter.
An event occurred during the session of 1805, highly illustrative of the versatility of Mr. Clay’s genius. An attempt was made to obtain the removal of the capitol from Frankfort. Mr. Clay, in a speech delivered at the time, reverted to the peculiar physical appearance of the place, as furnishing an argument in favor of the proposed removal. Frankfort is walled in on all sides by towering rocky precipices, and not unlike a vast pit. It presents, said Mr. Clay, the model of an inverted hat. Frankfort is the body of the hat, and the lands adjacent are the brim. To change the figure, it is nature’s great penitentiary; and if the members would know the bodily condition of the prisoners, let them look at those poor creatures in the gallery. As he said this he directed their attention to some half a dozen emaciated, spectre-like specimens of humanity, who happened to be moping about there, looking as though they had just stolen a march from the grave-yard. On observing the eyes of the house thus turned towards them, and aware of their ghostly aspect, they screened themselves with such ridiculous precipitancy behind the pillars and railing as to cause the most violent laughter. This well-directed effort at wit and humor was completefully successful, and the house gave their votes in favor of the measure. The resolution, however, was never carried into effect, as it was found impossible to agree upon a new location. It would be difficult, and perhaps not particularly desirable, to follow Mr. Clay through all the various and numerous services rendered by him in the legislature of Kentucky. We shall give an outline only of them, presenting such specimens as shall illustrate the leading characteristics of his mind, and dwell longer on that portion of his history which regards him as connected with the management of the affairs of the nation. While acting in the capacity of a state legislator, he was distinguished for zeal in prosecuting his professional labors, which soon conducted him to the summit of that lofty legal eminence, far above the murky regions of pettifoggery and low intrigue. Here, surrounded by an atmosphere redolent of judicial purity, and seated fast by the throne of Justice,he exerted himself to preserve inviolate the sanctity of her temple, and to see that her decisions were rigidly and impartially enforced. He particularly delighted, on the one hand, to procure her favors for the poor and obscure, in facilitating the approach to her courts of those who by poverty or oppression were debarred access; and on the other, to oppose the unjust prosecutor. No bribe could induce him to countenance, directly or indirectly, his designs. While acting under the influence of these most noble principles, he became engaged in an unpleasant affair of honor. It appears that Col. Joseph Hamilton Daviess, district attorney of the United States, had struck an inn-keeper in Frankfort, who had made some remark offensive to him; the inn-keeper endeavored to obtain legal reparation for the wound his honor had sustained, and for that purpose applied for a writ. This was readily obtained, but owing to the high standing and influence of the accused, no lawyer could be found who was willing to conduct the prosecution. In this state of things, after consulting with his friends he wrote a letter to Mr. Clay, detailing the facts in the case, and soliciting his aid. He promptly sent a reply, in which he consented to act as his attorney. The suit was brought at Lexington, and Mr. Clay, whose sympathetic feelings were warmly interested in behalf of his client, vindicated him from the rude and unreasonably harsh treatment which he received at the hands of Mr. Daviess, who was his own attorney. Mr. Clay’s strictures were keen and cutting to such an extent, that Col. Daviess, at a pause in the trial, sent Mr. Clay a note, couched in not very civil, and somewhat threatening terms, warning him to desist from such bitter remarks. Mr. Clay replied that he should conduct his client’s case as his judgment prompted, uninfluenced and unawed from any source—least of all from his client’s antagonist. At the close of the trial Col. Daviess sent him a challenge to single combat, which he accepted. Subsequently the affair was settled, through the mutual interference of the friends of both parties, and the most cordial friendship existed between them till the death of Col. Daviess, who was killed at the battle of Tippecanoe.
Near the close of 1806 Mr. Clay received an application from Aaron Burr to appear in his behalf. Burr had been arrested on a charge of being engaged in illegal military operations. The popular mind was much agitated by the belief of his treasonable designs, founded on various rumors of his projected invasion of the Mexican provinces, in which the whole western territory was implicated. While these rumors were occasioning much public anxiety, two men, named John Wood and J. M. Street, arrived from Virginia and located at Frankfort. Their object seemed to be to publish a weekly paper, which they styled the ‘Western World,’ in which they revived an old political controversy which had slumbered nearly twenty years. The subject of the rumorswas also introduced into its columns, and several statements made in reference thereto, which seemed, if true, to make out the evidence of treason and conspiracy as more than probable. They were however, for the most part assumptive, and not substantiated by any well authenticated testimony, besides appearing under a very questionable character, being contained in communications over the signature of ‘an observer.’ It was subsequently ascertained that these were written by one of the most violent federalists of the day—notorious for his antipathy toward the democratic party, of which at that time Mr. Burr was a distinguished member. His name was Humphrey Marshall. He and his emissaries, to accomplish their purposes, resorted to the most base and dishonorable means. In an address prepared by Mr. Marshall, he reiterated the statements of ‘an observer,’ of which he himself was the author, and also charged the leading members of the Jefferson party in Kentucky, among whom were Mr. Clay’s most intimate friends, with the treasonable design of annexing that state to the Spanish dominions in North America. The address was laid before the legislature, who investigated the matter; but not succeeding in eliciting any thing to corroborate the charges made, it was dropped. The public mind was wrought up to a high degree of indignation at these attempts to ruin some of the most worthy and talented men in the community. While the public was still under the influence of the sympathetic feelings excited in behalf of those against whom such gross accusations had been made, Mr. Burr was charged with a conspiracy of more recent date, and in course was regarded with the same sympathy extended to those previously criminated. He was esteemed a persecuted patriot, and his innocence was matter of popular belief. It was thought pretty generally, that his arrest originated in deep-rooted prejudice existing in the mind of colonel Daviess, the district attorney, a warm admirer of colonel Alexander Hamilton, who was killed in a duel by Mr. Burr. There was good ground for believing that the attorney was prompted more by revengeful feelings than a desire of promoting the administration of justice. During the same year, soon after Mr. Burr had returned from New Orleans, the public mind was again inflamed by the ‘observer,’ which contained statements of such a nature as to direct the attention of the district attorney to Mr. Burr, whose arrest he attempted to procure, but without success. Mr. Burr witnessed the proceedings, and in a speech which he made at the time, alluded to them, which he characterized as harsh and oppressive in the extreme, expressing himself perfectly willing, and indeed soliciting to be tried by an unprejudiced court. His dignified deportment, and fair, open proposition, caused the popular feeling to be deeply enlisted in his favor. His request was granted, a jury chosen, and a day appointed for trial. When it arrived, universal surprise was created by thenovel and very unusual course pursued by Col. Daviess. He moved the discharge of the jury in consequence of an important witness being absent. He succeeded, to the great regret of Mr. Burr, who was desirous of placing the whole business before a competent and impartial judicial tribunal.
The attorney, some months subsequent, imagined himself warranted in resuming the prosecution. The second day of December was appointed for the trial. On the day previous Mr. Burr addressed a note to Mr. Clay, soliciting his aid, of which the following is an extract. ‘I have no design nor have I taken any measure to promote a dissolution of the Union, or a separation of any one or more states from the residue. I have neither published a line on this subject, nor has any one, through my agency or with my knowledge. I have no design to intermeddle with the government or to disturb the tranquillity of the United States, or of its territories, or any part of them. I have neither given, nor signed, nor promised a commission to any person for any purpose. I do not own a musket, nor bayonet, nor any single article of military stores; nor does any person for me, by my authority, or with my knowledge. My views have been fully explained to, and approved by, several of the principal officers of government, and I believe are well understood by the administration, and seen by it with complacency. They are such as every man of honor, and every good citizen must approve. Considering the high station you now fill in our national councils, I have thought these explanations proper as well to counteract the chimerical tales which malevolent persons have so industriously circulated, as to satisfy you that you have not espoused the cause of a man in any way unfriendly to the laws, the government, or the interests of his country.’
Mr. Burr was doubtless aware of the scruples felt by Mr. Clay respecting the propriety of acting as his counsel, which scruples were occasioned principally by the new and interesting relation just assumed by him—that of United States senator. Mr. Clay’s doubts were satisfied, and he consented to appear at his trial as his attorney, in connection with Col. John Allen. To them Mr. Burr in the expectation of securing their services, had previously sent a large sum of money, which they declined receiving, and returned to him. The day appointed for trial at length arrived, and again the attorney sought to delay the proceedings of the court, on the ground of the absence of an important witness. Mr. Clay strenuously contended that such tardy procedure, where such interests were involved, and where the most speedy action was requisite, was unsanctioned by correct judicial usage; that the accused was sustaining material injury in consequence of the obstacles thus thrown in the way of his establishing his innocence, which he was impatiently and anxiously waiting to do. Mr. Clay’s representations succeeded. The attorney was required by the court toproceed immediately. Accordingly all the evidence he could produce was spread before the grand jury, who, after a patient and careful investigation, returned the indictment accompanied with their refusal to consider it a true bill, and reasons for the same,—alleging that the testimony contained nothing to criminate the accused, ‘nor can we from all the inquiry and investigation of the subject discern that any thing improper or injurious to the government of the United States, or contrary to the laws thereof, is designed or contemplated.’ Their decision was received with the strongest demonstrations of approbation from all quarters, which were exceedingly gratifying to Mr. Clay, and served to strengthen his conviction of Mr. Burr’s innocence when he consented to act as his counsel. It is unnecessary to say, that had he been aware of Mr. Burr’s real designs, no inducement could have been held out by that person strong enough to have determined him to appear in his defence. Subsequent events show this to be true—events which removed all doubts as to Mr. Burr’s guilt. A mass of unequivocal testimony had been obtained, in relation to his operations upon which he had already entered, and of his future projects, by the exertions of Mr. Jefferson, which testimony was exhibited to Mr. Clay, at Washington, where he repaired soon after the trial to take his seat in the senate. One of the most remarkable and indubitable portions of the evidence alluded to, was a letter in cipher which Mr. Burr had sent by captain Samuel Swartwout to the commander of the United States army, general Wilkinson, which contained a somewhat circumstantial account of his proceedings and intended proceedings. In this he expressly stated his design of seizing on Baton Rouge, preliminary to extending his conquests into the Spanish provinces. Such disclosures opened the eyes of the public to the true character of Mr. Burr, and called forth expressions of their just indignation, in which Mr. Clay also united,—who, after an interval of several years, for the first time subsequent to the trial, met Mr. Burr in the city of New York. Mr. Clay was sitting in the court room of the City Hall, when a gentleman approached and tendered him his hand with the customary salutation. But Mr. Clay recognizing, treated him with marked coldness and refused to receive or return the proffered civility. Mr. Burr, however, endeavored to engage him in conversation, congratulating him on his successful efforts at Ghent, in relation to the treaty, and an arrangement which he and his associates had effected with Great Britain, whereby valuable commercial advantages were secured to America. To all his efforts at conversation Mr. Clay turned a deaf ear, replying very briefly to his inquiries and giving him no encouragement to proceed. On leaving, Mr. Burr requested the privilege of a brief interview with him, who in answer, informed him where he had taken lodgings. The colonel, however, did not call, and thus terminated all the intercourse ever hadby Mr. Clay with him. We have thus endeavored faithfully and impartially to record all the facts in relation to that intercourse, that the world may see and decide upon the truth or falsehood of the charges made against Mr. Clay, in consequence of it. How can they be tortured so as to yield any evidence calculated to impeach his integrity? How to make it appear manifestly wrong to act as his counsel, and to conduct that trial, the right to which was guarantied by the constitution? But above all, how can they be made to furnish a foundation for those cruel charges of acting in concert with the accused, of being privy to his plans, as aiding and abetting him, and of disrobing him of his hard, well earned, unspotted robes of legal and political purity, and clothing him in the black habiliments of a traitor, engaged in bartering away the liberties of his country? But in the language of another, ‘the shaft, though aimed with a will sufficiently deadly, fell upon a breast of steel.’ The charge of treason preferred against a man who has done more for his own country than any other living statesman, and whose voice has echoed beyond her confines, and with a tone of creative power called other republics into being, is like the other infamous calumnies that have been propagated against the same illustrious individual, and like them, must soon be lost amid the lumber of forgotten things. Such conspiracies to ruin a patriot can only end in the prostration of the conspirators.
‘He who of old would rend the oak,