REVISED, ENLARGED AND BROUGHT DOWN TO THE YEAR 1844, BY THE AUTHOR. NEW YORK: GREELEY & McELRATH, TRIBUNE OFFICE, 160 NASSAU STREET. 1844. PREFACE. THE name of the Author having been associated with another "Life of Clay," recently issued from the Press, he takes this occasion to say, that the present is the only one, in the preparation of which he has been, in the least degree, concerned. The first edition of this work appeared during the autumn of 1842, at which time there was no published memoir of Mr. Clay (so far as the writer's knowledge extended), except that by George D. Prentice, Esq. which terminates with the close of John Quincy Adams's administration. To this eloquent biographical sketch, the Author takes pleasure in acknowledging his indebtedness for a number of interesting facts. The new and improved edition of his "Life of Clay," now offered to the public, has been carefully revised—some errors have been corrected-several omissions have been supplied— and the Memoir has been brought down to the year 1844. Powerful and memorable as has been the influence which Mr. Clay has exerted upon the legislation of the country during the last forty years, the crowning felicity of his public career remains to be fulfilled and recorded. To his biographer of 1845 we leave the task of chronicling that auspicious event, to which the People of the United States now look hopefully forward as to the day-spring of a new era of prosperity in the government. NEW YORK, MARCH, 1844. E. S. Entered according to Act of Congress, in the year 1844, by GREELEY & MELRATH, In the Clerk's Office of the District Court of the United States, for the Southern District of New York. plied the place of a bridle. But in the absence of a more splendid equipment, a bag containing three or four bushels of wheat or corn was generally thrown across the horse's back, mounted upon which the future statesman would go to mill, get the grain ground, and return with it home. transferred to the office of the Clerk of the High Court of Chancery, Mr. Peter Tinsley. There he became acquainted with the venerable Chancellor Wythe, attracted his friendly attention, and enjoyed the benefit of his instruction and conversation. The Chancellor being unable to write well, in consethumb, bethought himself of employing his young quence of the gout or rheumatism in his right friend as an amanuensis. This was a fortunate cir Birth and Parentage-His early days--The Mill-boy of the Slashes-Studies Law-Hears Patrick Henry-Removes to Kentucky-Debut at a Debating Society-Becomes a successful Practitioner-Cases in which he distinguishes himselfHe advocates the policy of gradually Emancipating the Slaves in Kentucky-Opposes the Alien and Sedition Laws Is elected to the General Assembly-Instances of his Eloquence Affair with Col. Daviess-Appears at the Bar for Aaron Burr-Subsequent Interview with Burr in New-York. At the age of fourteen, he was placed in a small HENRY CLAY is a native of Hanover county, Vir-retail store, kept by Mr. Richard Denny, near the ginia. He was born on the 12th of April, 1777, in a market-house in the city of Richmond. He redistrict of country familiarly known in the neighbor-mained here till the next year, (1792,) when he was hood as the Slashes. His father, a Baptist clergyman, died during the revolutionary war, bequeathing a small and much embarrassed estate and seven Mchildren, of whom Henry was the fifth, to the care of an affectionate mother. The surviving parent did not possess the means to give her sons a classical education; and the subject of our memoir received no other instruction than such as could be obtained in the log-cabin school-houses, still common in the lower parts of Virginia, at which spell-cumstance for the fatherless boy. His attention ing, reading, writing and arithmetic are taught. In 1792, his mother, who had become united, in a second marriage, with Mr. Henry Watkins, removed to Woodford county, Kentucky, taking all her children, with the exception of Henry and his oldest brother. It was always a subject of regret with Mr. Clay, that he was deprived at so early an age of his mother's counsel, conversation and care. She was a woman of great strength of mind, and was tenderly attached to her children. · 12-30-35 He had been only five years old when he lost his father; and, consequently, his circumstances in early life, if not actually indigent, were such as to subject him frequently to hard manual labor. He has ploughed in cornfields, many a summer day, without shoes, and with no other clothes on than a pair of Osnaburg trowsers and a coarse shirt. He has often gone to mill with grain to be ground into meal or flour; and there are those who remember his youthful visits to Mrs. Darricott's mill, on the Pamunkey river. On such occasions he generally rode a horse without a saddle, while a rope sup was thus called to the structure of sentences, as he wrote them down from the dictation of his employer; and a taste for the study of grammar was created which was noticed and encouraged by the Chancellor, upon whose recommendation he read Harris's Hermes, Tooke's Diversions of Purley, Bishop Lowth's Grammar, and other similar works. For his handwriting, which is still remarkably neat and regular, Mr. Clay was chiefly indebted to Mr. Tinsley. Chancellor Wythe was devoted to the study of Greek. He was at one time occupied in preparing reports of nis decisions, and commenting upon those of the Court of Appeals, by which some of his were reversed; and in this work he was assisted by his amanuensis. After the reports were published, he sent copies to Mr. Jefferson, John Adams, Samuel Adams, and others. In these copies he employed Henry Clay to copy particular passages from Greek authors, to whom references had been made. Not understanding a single Greek character, the young copyist had to transcribe by imi tation letter after letter. Leaving the office of Mr. Tinsley the latter part of 1796, he went to reside with the late Robert Brooke, Esq., the Attorney General, formerly Governor of Virginia. His only regular study of the law was during the year 1797, that he lived with Mr. Brooke; but it was impossible that he should not, in the daily scenes he witnessed, and in the presence of the eminent men whom he so often heard and saw, be in the way of gathering much valuable legal information. During his residence of six or seven years in Richmond, he became acquainted with all or most of the eminent Virginians of the period, who lived in that city, or were in the habit of resorting to it-with Edmund Pendleton, Spencer Roane, Chief Justice Marshall, Bushrod Washington, Wickham, Call, Copeland, &c. On two occasions, he had the good fortune to hear Patrick Hen-¡ ry-once, before the Circuit Court of the United States for the Virginia District, on the question of the payment of the British debts; and again before the House of Delegates of Virginia, on a claim of the supernumerary officers in the service of the State during the Revolutionary War. Mr. Clay remembers that remarkable man, his appearance and his manner, distinctly. The impression of his eloquent powers remaining on his mind is, that their charm consisted mainly in one of the finest voices ever heard, in his graceful gesticulation, and the variety and force of expression which he exhibited in his face. Henry Clay quitted Richmond in November, 1797, his eldest brother having died while he yet resided in that city. Bearing a license from the Judges of the Virginia Court of Appeals to practise law, he established himself in Lexington, Kentucky. He was without patrons, without the countenance of influential friends, and destitute of the means of paying his weekly board. "I remember," says he, in his speech of June, 1842, at Lexington, "how comfortable I thought I should be, if I could make £100 Virginia money per year; and with what delight I received the first fifteen shilling fee. My hopes were more than realized. I immediately rushed into a lucrative practice." Before assuming the active responsibilities of his profession, he devoted himself with assiduity several months to his legal studies. Even at that period the bar of Lexington was eminent for its ability. Among its members were George Nicholas, James Hughes, John Breckenbridge, James Brown, William Murray, and others, whose reputation was sufficient to discourage the most stout-hearted competition. But true genius is rarely unaccompanied by a consciousness of its power; and the friendless and unknown youth from Virginia fearlessly entered the field, which, to a less intrepid spirit, would have seemed pre-occupied. He soon commanded consideration and respect. He was familiar with the technicalities of practice; and early habits of business and application, enabled him to effect an easy mastery of the cases entrusted to his charge. His subtle appreciation of character, knowledge of human nature, and faculties of persuasion, rendered him peculiarly successful in his appeals to a jury; and he obtained great celebrity for his adroit and careful management of criminal cases. An anecdote is related of him about the time of first entrance upon his profession, which shows that, notwithstanding his fine capacities, he had some native diffidence to overcome before they were fairly tested. He had joined a debating society, and at one of the meetings the vote was about to be taken upon the question under discussion, when he remarked in a low but audible whisper, that the subject did not appear to him to have been exhausted. "Do not put the question yet-Mr. Clay will speak," exclaimed a member, who had overheard the half hesitating remark. The chairman instantly took the hint, and nodded to the young lawyer in token of his readiness to hear what he had to say. With every indication of extreme embarrassment, he rose, and, in his confusion, began by saying: "Gentlemen of the Jury”— unconsciously addressing his fellow-members as the tribunal, to which he had perhaps often made imaginary appeals in his dreams of a successful debût at the bar. His audience did not add to his agitation by seeming to notice it, and, after floundering and blushing for a moment or two, and stammering out a repetition of the words "Gentlemen of the Jury," he suddenly shook off all signs of distrust and timidity, and launched into his subject with a promptitude and propriety of elocution, which excited general surprise. To those familiar with the perfect self possession of Mr. Clay's manner in after life upon all occasions, the most trying and unexpected, this instance will present an ainusing contrast; for the evidence is not on record of his ever having failed for an instant in his resources of repartee or of argument in debate. Shortly after this early essay in public speaking, he was admitted as a practitioner before the Fayette Court of Quarter Sessions, a court of general jurisdiction. Business soon poured in upon him, and during the first term he had a handsome practice. His manners and address, both in personal intercourse and before a jury, were unusually captivating. Frank in avowing his sentiments, and bold and consistent in maintaining them, he laid the foundation of a character for sincerity and honor, which amid all the shocks of political changes and the scurrility of partizan warfare, has never been shaken or tainted. In the possession of these attributes, beyond the reach of cavil or of question, is to be found the secret of that inalienable attachment among the vast body of his friends, which has followed him throughout his career. One of the most important cases, in which Mr. Clay was engaged during the first three or four years of his professional life, was that in which he was employed to defend a Mrs. Phelps, indicted for murder. This woman was the wife of a respectable farmer, and until the time of the act for which she was arraigned, had led a blameless and correct life. One day, in her own house, taking some offence at a Miss Phelps, her sister-in-law, she levelled a gun, and shot her through the heart. The poor girl had only time to exclaim, 'Sister, you have killed me,' and expired. Great interest was excited in the case, and the Court was crowded to overflowing on the day of trial. Of the fact of the homicide there could be no doubt. It was committed in the presence of witnesses, and the only question was to what class of crimes did the offence belong. If it were pronounced murder in the first degree, the life of the wretched prisoner, would be the forfeit; but, if manslaughter, slie Mr. Clay as an Advocate-Slavery. would be punished merely by confinement in the gaol or penitentiary. The legal contest was long and able. The efforts of the counsel for the prosecution were strenuous and earnest; but Mr. Clay succeeded not only in saving the life of his client, but so moved the jury in her behalf by his eloquence, that her punishment was made as light as the law would allow. He gained much distinction by the ability he displayed in this case, and thenceforth it was considered a great object to enlist his assistance in all criminal suits on the part of the defendant. It is a singular fact, that in the course of a very cxtensive practice in the courts of criminal jurisprudence, and in the defence of a large number of individuals arraigned for capital offences, he never had one of his clients sentenced to death. Another case, in which he acquired scarcely less celebrity, was shortly afterward tried in Harrison County. Two Germans, father and son, had been indicted for murder. The deed of killing was proved to the entire satisfaction of the Court, and was considered an aggravated murder. Mr. Clay's efforts were therefore directed to saving their lives. The trial occupied five days, and his closing appeal to the jury was of the most stirring and pathetic description. It proved irresistible, for they returned a verdict of manslaughter. Not satisfied with this signal triumph, he moved an arrest of judgment, and, after another day's contest, prevailed in this also. The consequence was, that the prisoners were discharged without even the punishment of the crime, of which the jury had found them guilty. An amusing incident occurred at the conclusion of this trial. An old, withered, ill-favored German woman, who was the wife of the elder prisoner, and the mother of the younger, on being informed of the success of the final motion for an arrest of judgment, and the consequent acquittal of her husband and son, ran toward the young advocate, in the excess of her gratitude and joy, and throwing her arms about his neck, kissed him in the eyes of the crowded court. Although taken wholly by surprise, and hardly flattered by blandishments from such a source, young Clay acquitted himself upon the occasion, with a grace and good humor, which won him new applause from the spectators. All great emotions claim respect; and in this instance so far did the sympaties of the audience go with the old woman as to divest of ridicule an act, which, in the recital, may seem to have partaken principally of the ludicrous. Notwithstanding his extraordinary success in all the criminal suits entrusted to him, the abilities displayed by Mr. Clay at this period in civil cases were no less brilliant and triumphant. In suits growing out of the land laws of Virginia and Kentucky, he was especially distinguished; rapidly acquiring wealth and popularity by his practice. It is related of him, that on one occasion, in conjunction with another attorney, he was employed to argue, in the Fayette Circuit Court, a question of great difficulty-one in which the interests of the litigant parties were deeply involved. At the opening of the court, something occurred to call him away, and the whole management of the case devolved on his associate counsel. Two days were spent in discussing the points of law, which were to govern the instructions of the Court to the jury, and 5 on all of these points, Mr. Clay's colleague was foiled by his antagonist. At the end of the second day, Mr. Clay re-entered the Court. He had not heard a word of the testimony, and knew nothing of the course which the discussion had taken; but, after holding a very short consultation with his colleague, he drew up a statement of the form in which he wished the instructions of the Court to be given to the jury, and accompanied his petition with a few observations, so entirely novel and satisfactory, that it was granted without the least hesitation. A corresponding verdict was instantly returned; and thus the case, which had been on the point of being decided against Mr. Clay's client, resulted in his favor in less than half an hour after the young lawyer had entered the Court-house. For an enumeration of the various cases in which Mr. Clay was about this time engaged, and in which his success was as marked as his talents were obvious, we must refer the curious reader to the records of the Courts of Kentucky, and hasten to exhibit the subject of our memoir on that more extended field, where his history began to be interwoven with the history of his country, and a whole nation hailed him as a champion worthy of the best days of the Republic. As early as 1797, when the people of Kentucky were about electing a Convention to form a new Constitution for that State, Mr. Clay may be said to have commenced his political career. His first efforts were made on behalf of human liberty, and at the risk of losing that breeze of popular favor, which was wafting on his bark bravely toward that haven of worldly prosperity and renown. The most important feature in the plan for a new Constitution, submitted to the people of Kentucky, was a provision for the prospective eradication of slavery from the State by means of a gradual emancipation of those held in bondage. Against this proposal a tremendous outcry was at once raised. It was not to be questioned that the voice of the majority was vehemently opposed to it. But young Clay did not hesitate as to his course. In that spirit of self-sacrifice, which he has since displayed on so many occasions, in great public emergencies, without stopping to reckon the disadvantages to himself, he boldly arrayed himself on the side of those friendly to emancipation. In the canvass, which preceded the election of members of the Convention, he exerted himself with all the energy of his nature in behalf of that cause, which he believed to be the cause of truth and justice. With his voice and pen he actively labored to promote the choice of Delegates who were pledged to its support. He failed in the fulfilment of his philanthropic intentions, and incurred temporary unpopularity by his course. Time, however, is daily making more apparent the wisdom of his counsel. Mr. Clay has not faltered in his views upon this great question. They are now what they were in 1797. In maintaining the policy of this scheme of gradual emancipation he has ever been fearless and consistent. Let it not be imagined, however, that he has any sympathy with that incendiary spirit which would seem to actuate some of the clamorers for immediate and unconditional abolition at the present time. His views were far-sighted, statesman-like and sagacious. He looked to the general |