Mr. Clay's friends, desirous of bringing them together, made arrangements to this effect, by not re-electing him speaker. Mr. Marshall seemed anxious to measure weapons with Mr. Clay; following him in all his movements, and opposing him at every turn. In the early part of the session, Mr. Clay placed several resolutions before the house, relating to the embargo and British orders in council, remonstrating against the arbitrary demands of that nation, and pledging Kentucky to action, comformable to the decisions of the general government in relation thereto. They recognized Mr. Jefferson's policy as sound, approved his measures, and pronounced him entitled to the thanks of his country, for the ability, uprightness, and intelligence which he displayed in the management, both of our foreign relations and domestic concerns., Mr. Marshall endeavored to procure their amendment, sc as to condemn the embargo, and reprobate, without stint or measure, Mr. Jefferson's administration. Their rejection was most emphatic, by a vote of sixty-four to one-he voting in their favor, and Mr. Clay's were adopted by the same vote. But the vials of Mr. Marshall's fiercest and most vituperative wrath were reserved for the occasion when Mr. Clay stood up in defence of his favorite policy, of affording protection to domestic industry, by introducing a resolution, declaring that it was expedient for each member of the house, for the purpose of giving unequivocal evidence of his attachment to this principle, to clothe himself in fabrics of domestic manufacture. This patriotic attempt was not only denounced by his foe as demagogic, and prompted by motives of the most inordinate and grasping ambition; but leaving the resolution, he attacked its author in genuine billingsgate style. Utterly regardless of every rule of gentlemanly courtesy, parliamentary propriety, or common decency even, he exhausted the vocabulary in search of opprobious and insulting epithets, which he applied in the spirit of the most liberal abuse. Such foul and unmerited treatment could not be quietly borne by a person of Mr. Clay's ardent and sensitive temperament, and he rebuked him in language deservedly harsh, and calculated to sting him to the quick. The quarrel progressed until it reached that stage where Mr. Clay considered himself bound, according to Kentuckian interpretation of the law of honor, to challenge Mr. Marshall to meet him and settle it in single combat. It was accepted, and the parties, pursuant to appointment, met and exchanged two or three shots, resulting in a slight wound to each. The duel was terminated by the interference of the seconds, who protested against its further procedure.

In 1809, a case of contested election came before the legislature, in the settlement of which, Mr. Clay acted a conspicuous part. The electors of Hardin county had given four hundred and thirtysix votes for Charles Helm, three hundred and fifty for Samuel Haycroft, and two hundred and seventy-one for John Thomas, two

of whom were entitled to seats. It appeared that Mr. Haycroft, at the time of the election, held an office, which, according to the constitution of Kentucky, rendered him ineligible to a seat in the general assembly. Mr. Clay submitted his views of the case, in a report prepared by him, as chairman of a committee appointed in accordance with a motion made by him to inquire whether Mr. Haycroft was entitled to a seat, and if not, to decide on the claims of Mr. Thomas to one. This report was adopted unanimously, and has since constituted the rule in similar cases in Kentucky. Its doctrines are so sound, and at the same time so simple, that we cannot forbear inserting an extract. 'The fact being ascertained that Mr. Haycroft held an office of profit under the commonwealth at the time of the election, the constitutional disqualification attaches and excludes him; he was ineligible and therefore cannot be entitled to his seat. It remains to inquire into the pretensions of Mr. Thomas. His claim can only be supported by a total rejection of the votes given to Mr. Haycroft, as void to all intents whatever. It is not pretended that they were given by persons not qualified according to the constitution, and consequently, if rejected it must be not for any inherent objection in themselves, but because they have been bestowed in a manner forbidden by the constitution or laws. By an act passed 18th of December, 1800, it is required that persons holding offices incompatible with a seat in the legislature, shall resign them before they are voted for; and it is provided that all votes given to any such person prior to such resignation shall be utterly void. This act, when applied to the case in question, perhaps admits of the construction that the votes given to Mr. Haycroft, though void and ineffectual in creating any right in him to a seat in the house, cannot affect in any manner the situation of his competitor. Any other exposition of it is, in the opinion of your committee, wholly inconsistent with the constitution, and would be extremely dangerous in practice. It would be subversive of the great principle of free government that the majority shall prevail. It would operate as a deception of the people, for it cannot be doubted that the votes given to Mr. Haycroft were bestowed upon a full persuasion that he had a right to receive them. And it would infringe the rights of this house, guarantied by the constitution, to judge of the qualifications of its members. It would, in fact, be a declaration that disqualification produces qualification—that the incapacity of one man capacitates another to hold a seat in this house. Your committee are therefore unanimously and decidedly of opinion that neither of the gentlemen is entitled to a seat.' This act closed his career in the legis lature of Kentucky, to which he tendered his resignation soon after. He was elected to the senate of the United States for two yearsthe unexpired portion of Mr. Buckner Thurston's term, who had resigned his seat in that body. During Mr. Clay's continuance in

the legislature, he had produced the deepest impression of his abil ity and talents, and won the favor of his associates, to what extent may be determined from the fact of their selecting him for the office before named, by a vote of two thirds. He retired, accompanied with their expressions of sincere regret for his loss, and high estimate of his services. The annals of Kentucky present no brighter spot than that which in imperishable characters records his name. It is the oasis of her history, verdant and beautiful, begirt with the wreath of his noble deeds, brilliant with the gems of benevolence, philanthropy and patriotism.

The manner in which he discharged his duties while connected with her legislature, is forcibly described by one intimately ac quainted with him. 'He appears to have been the pervading spirit of the whole body. He never came to the debates without the knowledge necessary to the perfect elucidation of his subject, and he always had the power of making his knowledge so practical, and lighting it so brightly up with the fire of eloquence, and the living soul of intellect, that without resorting to the arts of insidiousness, he could generally control the movements of the legis lature at will. His was not an undue influence; it was the simpie ascendency of mind over mind. The bills which originated with him, instead of being characterized by the eccentricities and ambitious innovations which are too often visible in the course of young men of genius suddenly elevated to power and influence, were remarkable only for their plain common sense, and their tendency to advance the substantial interests of the state. Though he carried his plans into effect by the aid of the magical incantations of the orator, he always conceived them with the coolness and discretion of a philosopher. No subject was so great as to baffle his powers, none so minute as to elude them. He could handle the telescope and the microscope with equal skill. In him the haughty demagogues of the legislature found an antagonist who never failed to foil them in their bold projects, and the intriguers of lower degree were baffled with equal certainty whenever they attempted to get any petty measure through the house for their own personal gratification or that of their friends. The people, therefore, justly regarded him as emphatically their own.

In the winter of 1809-10, soon after he took his seat the second time in the senate, his attention was turned towards a subject kindred to that to which it had been directed when he first became a member of that body-that of domestic manufactures. It is a remarkable fact, that the first two subjects which demanded and secured his aid on entering congress, were those of primary importance to the welfare of the republic subjects subsequently shown, in the unillusive light of experience, to be not only as intimately connected with private as with public prosperity, but at constituting the very lungs of Liberty herself, generating and dif.

VOL. I.

fusing copious alimental streams to every organ and member of her body, thus producing that health and vigor whereby she was enabled to extend proper encouragement and protection to all her children. Up to this period but little thought, and less action had been bestowed by government upon the subject of domestic manufactures, and the light duties imposed on articles of foreign growth and manufacture, were for the purpose of raising a revenue, and not intended to afford any protection or encouragement to any branch of domestic industry. Our country, instead of putting her young, muscular hands vigorously forth, and from her own inexhaustible resources constructing such articles as she needed, sat still in the same supine attitude of abject dependence on Great Britain which she was in when the war of the revolution commenced, stretching them out to foreign artificers, and receiving those articles at their hands. How long she might have remained in this inglorious position, it is difficult to determine, had not her relations with that nation assumed an aspect so threatening and belligerent, as to alarm and induce her to withdraw and employ them in her own protection. Now the increasing prospect of war served in some degree to arouse the nation from that lethargic state of indifference in which it had so long slumbered. At least it was deemed advisable to anticipate such an event, by making provision for the materials usually needed in such an emergency. Accordingly a bill was introduced to appropriate a sum of money to purchase cordage, sail cloths, and the ordinary munitions of war, and so amended as to give preference to articles of domestic growth and manufacture, provided the interests of the nation should not suffer thereby. Mr. Lloyd, a senator from Massachusetts, moved to strike out the amendment granting the preference, and supported his motion by a long and powerful speech. A general and interesting discussion ensued, in which the policy of extending direct protection by the government to domestic manufactures was considered. Mr. Clay was among the first to avow himself decidedly in favor of the policy, and by his speech made at the time proved both its expediency and wisdom. His remarks were plain and practical, chiefly confined to statements of facts, with brief comments, yet so philosophically and skilfully arranged as to produce their intended effect. In the course of his observations, he alluded to that preference generally given in our country to articles of foreign production, by saying, that a gentleman's head could not withstand the influence of the solar heat unless covered with a London hat; his feet could not bear the pebbles or the frost unless protected by London shoes; and the comfort and ornament of his person was consulted only where his coat was cut out by the shears of a tailor just from London. At length, however, the wonderful discovery has been made that it is not absolutely beyond the reach of American skill and ingenuity to produce these articles, com

bining with equal elegance greater durability. And I entertain no doubt that in a short time the no less important fact will be developed, that the domestic manufactures of the United States, fostered by government, and aided by household exertions, are fully competent to supply us with at least every necessary article of clothing. I, therefore, for one, (to use the fashionable cant of the day,) am in favor of encouraging them; not to the extent to which they are carried in England, but to such an extent as will redeem us entirely from all dependence on foreign countries.'

Mr. Clay exposed the fallacy of the specious reasoning of Mr. Lloyd and other members hostile to the measure, who based their opposition on the ground of the bad practical tendency of a system. of domestic manufactures fostered by government; and in illus tration of which they cited the wretched and inost famished condition of the operatives of Manchester, Birmingham, and other manufacturing cities of Great Britain. They maintained that the introduction of such a system into America would be attended with the same sad consequences that these were the natural results of such a system, surrounded by such governmental encouragement, and inseparably connected with it. Mr. Clay in reply declared that this was a non sequiter-that although such consequences might be, and doubtless were incidental to such a system, it by no means followed that they were unavoidably and inevitably consequent upon it under all circumstances. The case instanced, he said, furnished no proof to that effect, that the deplorable condition of the manufacturing districts of Great Britain had not been, neither could be satisfactorily accounted for in the manner attempted. It was not attributable to the fact of their being manufacturing districts-to the existence of that system which they were then considering, but to the abuse of that system. That it would be just as philosophical and logical, in view of the excruciating sufferings of the gormandizer, to conclude that the invariable tendency of food when introduced into the stomach is deleterious, as to adduce the squalor and wretchedness of England's manufacturing population as proof positive of the pernicious tendency of the system under which they operated. This was not sufficiently restricted. It was too grasping-intended to make her the manufacturing monopolist of the world, and so shaped as to shut out effectually all rivalry. To this grand, distinctive feature of that system the evil in question could be directly traced-an evil that would be seen attendant on any vast, artificial establish- · ment similarly conducted, whether encouraged by public or private patronage. That the objections, therefore, of opposing members lost all their validity when directed towards the system itself, which they possibly might possess when directed towards the feature mentioned, if it were not known that this was merely conventional, and not inherent, which might be retained or rejected at pleasure