A Biography of Henry Clay, the Senator from Kentucky / Containing Also, a Complete Report of All His Speeches; Selections From His Private Correspondence; Eulogies in the Senate and House; and a Poem, by George D. Prentice, Esq.

by Unknown

After the smoke of the political battle had somewhat cleared up, the vote was again taken on the question of restriction, which showed a majority in the senate against, and in the house for it. At the same time before congress was an application from Maine for admission to the privileges of a state, which the senate coupled with that of Missouri, but the house refused to sanction the union. Finally, the question was referred to a joint committee from both houses, who attempted to decide it by compromise. By this, Missouri was admitted without restriction, but it was provided ‘that in all that territory ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees and thirty minutes north latitude, not included within the limits of the state contemplated by this act, slavery and involuntary servitude, otherwise than in the punishment of crimes whereof the parties shall have been duly convicted, shall be and is hereby forever prohibited. Provided always, that any person escaping into the same, from whom labor or service is lawfully claimed, in any state or territory of the United States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.’

By this act of congress the territory was authorized to frame a constitution and state government, which should not infringe any article of the constitution of the United States, and required to transmit to congress ‘a true and attested copy of the same,’ when a final resolution of congress would be requisite to its admission into the union.

In June, 1820, the territory complied with these conditions, and introduced into her constitution an article making it the duty of the legislature ‘as soon as might be to pass such laws as were necessary to prevent free negroes and mulattoes from coming toand settling in the state under any pretext whatever.’ This clause called forth the most violent censure of the friends of restriction, which caused the flames of contention to burst out anew and with redoubled violence. Mr. Clay found himself, in the autumn of 1820, obliged to resign his seat as speaker, and retire from congress, to repair by the practice of law, his fortune, which had been greatly diminished by heavy losses sustained by his becoming security for a friend.

At the commencement of the session of 1820–21, the constitution of Missouri was placed in the hands of a committee, who reported in favor of her admission. The senate passed an act to that effect, but the house rejected it. The admission of Missouri was opposed on the ground that free people of color were citizens of the state of their residence, and as such they possessed an undoubted right to remove to Missouri, and that her prohibition of their removal within her limits, was a flagrant violation of the constitution of the United States. On the other hand it was maintained that whether bond or free, the African race were not parties to our political institutions, that therefore free negroes and mulattoes were not citizens within the meaning of the constitution of the United States, and that even if the constitution of Missouri were repugnant to that of the United States, the latter was permanent and would overrule the conflicting provision of the former, without the interference of congress.

Such was the question which menaced a disruption of the union. Almost daily, in some form or other, it presented itself, wearing a more threatening aspect at each successive appearance, engendering in the hearts of the two contending parties, feelings of the most bitter animosity, clogging the wheels of government, and effectually impeding, and almost extinguishing all legislative action.Says one familiar with this question, ‘popular meetings, legislative resolves, and other demonstrations of feeling and passion were resorted to; crimination and recrimination followed; and separation, disunion, and civil war, with all its infinite of horrors, were the common topics of every village and hamlet. Had a few more materials of excitement been kindled, the work of destruction would have been instant and complete.

In this crisis, when the last fingerings of hope seemed to have departed, that an amicable adjustment of the question would be effected, all eyes were turned towards Mr. Clay, as the only person who could avert the calamities which seemed suspended over the nation. He reached Washington on the sixteenth of January 1821, and found congress in the greatest scene of confusion imaginable. Legislation was absolutely terminated. The most envenomed feelings of hatred rankled in the bosoms of the two parties, who, frowning darkly on each other, bore a stronger resemblance to two belligerent armies, with their weapons in their hands,impatiently waiting for the word to rush into the maddening conflict, than to companies of grave and sober legislators. He was immediately waited on by both parties, who expressed the strongest anxiety that the vexed question might be settled and entreated him to devise some method by which it might be consummated. He expressed his views freely, and urged them to select some common ground on which both parties could meet and harmonize their opinions. On the second day of February, he made a motion to commit the question to a committee of thirteen, to be chosen from both parties, a number suggested by the original states of the union, which was accepted. Mr. Clay, in a report submitted to the house on the tenth of February, by him as chairman of the committee of thirteen, introduced a resolution for the admission of Missouri, on the following conditions:

‘It is provided that the said state shall never pass any law preventing any description of persons from coming to or settling in the said state, who now are or may hereafter become citizens of any of the states of this union, and also that the legislature of the said state by a public act shall declare the assent of the state to this provision, and shall transmit to the president of the United States, on or before the fourth Monday in November next, an authentic copy of the said act, upon the receipt whereof, the president by proclamation shall announce the fact, whereupon and without any farther proceedings on the part of congress, the admission of the said state into the union shall be considered as complete, and it is provided further that nothing herein contained shall be construed to take from the state of Missouri, when admitted into the union, the exercise of any right or power which can now be constitutionally exercised by any of the original states.’ The report was made to include this provision with direct reference to those who opposed the admission in consequence of the repugnance of a clause of the constitution of Missouri to the constitution of the United States, which, if they were sincere in their opposition, would cause them to desist. The house took up the report on the twelfth, when Mr. Clay entered into a minute detail of the deliberations of the committee, the difficulties that attended them, and the causes which led to the adoption of the resolution in the report, and concluded by beseeching them to cherish a feeling of conciliation, and to temper their proceedings by moderation. The report was rejected in committee of the whole on the state of the union, but was afterwards adopted in the house. On the third reading of the resolution, another sharp debate ensued, which was terminated by Mr. Clay, who is represented as having reasoned, remonstrated, and entreated, that the house would settle the question. He is represented as having been almost the only individual who was collected and calm. While others were covered with the foam of fierce debate, and lashed into fury by the combinedinfluences of political or personal animosity, he seemed like one dwelling in the region of perpetual serenity on some lofty mountain, and contemplating unmoved the storm that was raging and bursting around its base. ‘Every darker passion seemed to have died within him, and he looked down upon the maddening and terrific scene with that calm and sublime regret, and gave utterance to his thoughts in that high, majestic, and pathetic eloquence, which seemed almost to designate him as a superior being commissioned by heaven to warn our country against the sin of anarchy and blood.’ The resolution, notwithstanding his exertions, was lost.

On the fourteenth, the two houses met for the purpose of ascertaining the result of an election that had been held for president and vice president, and while the ceremony was being performed, a scene of confusion occurred, on the presentation of the votes of the electors for Missouri. The senate withdrew, and with much difficulty Mr. Clay finally succeeded in restoring order, when the senate, on its being announced to them that the house was ready to complete the business for which they were assembled, returned. On proclaiming the result, it appeared that James Monroe had received two hundred and thirty-one votes, including those of the electors from Missouri, and two hundred and twenty-eight, if these were excluded. While the president of the senate was announcing the result, two members of the house claimed the floor to inquire what disposition had been made of the votes of Missouri, whereupon a scene of confusion and turmoil ensued, that beggars description, and the house was compelled to adjourn, in order to put a period to it.

The rejection of the report of thirteen, both in and out of congress, was regarded as a disaster. Those who had been most active in effecting it, soon began to repent their rashness, and the blackness of despair seemed to be settling down upon the councils of the nation. Mr. Clay sagaciously concluded that the feelings of despondency which they began to evince, would, if allowed to take their course, accomplish what reason, and argument, and philosophy could not; that they would cause the headstrong to reflect, and retrace their steps. He had driven them to the very ‘ultima thule’ of argumentative debate, applying the lash of logic at every step, until they had become insensible to its infliction. ‘What is your plan as to Missouri,’ he would say to them. ‘She is no longer a territory. She is a state, whether admitted into the union or not. She is capable of self-government, and she is governing herself. Do you mean to force her permanently from the union? Do you mean to lose the vast public domain which lies within her limits? Do you mean to drive her back to a territorial condition? Do you intend to coërce her to alter her constitution? How will you do all this? Is it your design to employ the bayonet? We tellyou frankly our views. They are, to admit her absolutely if we can, and if not, with the condition which we have offered. You are bound to disclose your views with equal frankness. You aspire to be thought statesmen. As sagacious and enlightened statesmen, you should look forward to the fearful future, and let the country understand what is your remedy for the evils which lie before us.’

Various propositions were submitted in both houses, for the purpose of healing the breach which every day seemed to be widening, but all fell short of accomplishing the object. Finally, on the twenty-second, Mr. Clay presented the following resolution: