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CHAPTER V.

MR. CLAY'S PROFESSIONAL CAREER.

It will have been observed, that Chancellor Wythe was chiefly instrumental, in inciting his young protégé to the study of the law; that he guided his studies for the term of four years; and then so arranged matters, as to bring his pupil under Attorney-General Brooke, as an attorney's clerk and a candidate for admission to the bar. These five years, in such relations and with such advantages, constituted Mr. Clay's academical and professional educa tion. The concurring influences of the chancellor's paternal promptings, his own ardor in a course of reading that suited his genius, and the constant practical exercise of his pen in the most profound legal investigations, as an amanuensis, could not have been a bad school of preparation for his year of entire devotion to the study of law in the office of the attorney-general. From the known character of his mind, it can not be doubted, that the attainments he made, both in academical and legal learning, during this period, were rather beyond, than short of, the acquisitions, with which young men usually enter upon the practice of law, after having graduated, first at an academical, and then at a law school. The society, the example, the advice, and the kindness of those distinguished individuals, with whose acquaintance, and to some extent intimacy, young Henry Clay was honored, at Richmond, were powerful incentives to his exertions.

Nevertheless, Mr. Clay devoted himself some months after his arrival in Lexington, to the further prosecution of his legal studies, before he asked for admission as a practitioner in the Fayette court of quarter sessions. It was perhaps because of his diffidence in coming to the same bar with George Nicholas, John Brackenridge, James Hughes, James Brown, William Murray, and others, a phalanx of formidable competitors, either of whom would have stood high at any bar in the country.

It was during this private pursuit of his studies, that he became a member of a young men's debating club at Lexington, and of his participation in the exercises of which, the following anecdote is narrated: One evening, a question that was under discussion, was about to be put, when Mr. Clay, who as yet had taken no part in the debates since he joined them-had not indeed in any form been known as a speaker in Lexington-was heard to say, in a low voice, that he did not think the question was exhausted. The slight acquaintance he had made, had gained him respect, and raised expectation. To hear him speak, on such an occasion, was the very thing that was desired. Immediately, several who heard his remark, rose simultaneously to call on the chairman: "Don't put the question yet. Mr. Clay will speak." Probably he had not intended to speak, but now all eyes were turned to him, and he was obliged to rise. "Gentlemen of the Jury," said Mr. Clay. Perceiving his mistake, he became confused. But, encouraged by the politeness of the chairman, and of his fellow-members, he began again: "Gentlemen of the Jury." At last, however, he became more self-possessed, spoke to the question, to the delight and admiration of the club, and was cordially and loudly cheered. James Hughes, Esq., above named as a member of the Lexington bar, who was present on this occasion, always insisted, during his life, that this was the best speech Mr. Clay ever made. It is certainly remarkable, that, after having acquired such a reputation as the leader and star of the rhetorical society at Richmond, he should have been so embarrassed on rising to speak in this club at Lexington. But he had now entered a new field, where all his fortunes for life were pending, and naturally diffident, as all know, who are acquainted with him, even through life, he was for a moment not himself. He trembled for his fate. It is manifest, however, that, if he had not acquired the esprit du corps of the legal profession, he had at least thought of a JURY. As the stump orator thinks of nothing but "Fellow-citizens," and as the parliamentarian, or M. C., naturally cries out, "Mr. Speaker," whatever assembly they may happen to be addressing, so the ambitious young barrister, who has been long time dreaming of the importance of getting a verdict in his favor, rising unexpectedly and in embarrassing circumstances, though he were speaking to a company of ladies, or delivering a funeral oration, might be excused for opening with "Gentlemen of the Jury." They who have been acquainted with Mr. Clay's perfect self-command in after life (which is not inconsistent with natural diffidence), in whatever position he has been placed, private or public, on the stump or in a court of justice, in the office of diplomacy or in the senate of the nation, will be not a little amused at this betrayal of an innocent human infirmity. And they who have quailed before his great powers, envied his exalted gifts, and perhaps hated him for his superiority, will not be very sorry to find one evidence of a common humanity.

Allowing Mr. Clay to have been sincere as doubtless he was in the brief review of his early history, cited in the first chapter, from his speech at Lexington, in 1842, where he says, "I remember how comfortable I thought I should be, if I could make one one hundred pounds, Virginia money, per year, and with what delight I received the first fifteen shillings' fee," it is convincing evidence of his total unconsciousness, at that time, of his own superior powers, and that his expectations were not only moderate, but that he was even anxious how he should succeed in obtaining a livelihood, in paying his "weekly board." It is not less evident, by his next remark, on the same occasion, made in the presence of thousands, who were themselves witnesses of the facts, that he no sooner began his professional career, than he found as much business as he wanted, or could do. "My hopes were more than realized. I immediately rushed into a successful and lucrative practice."

Notwithstanding it may be assumed, that Mr. Clay had, by his industry and application, acquired a good knowledge of lawmore, probably, than is common in an equal term of study-yet, it was not legal attainments alone, nor chiefly, which put him so suddenly forward, and gave him such reputation, at the bar. It was not alone his client's case, as it involved questions of law-all which were generally easily mastered by him-but it was rather, and more especially, his intuitive discernment of all its relations, as allied to the sympathies of human nature, which gave him such ascendency and power over courts, juries, and the common mind. It was a quick apprehension of how men feel in given cases and given circumstances, and how different characters view the same facts, that enabled him to carry men's minds with himself. It was not artifice, but honest judgment. Men's convictions are not usually abiding, when carried by trick, nor are they satisfactory at the moment of being entertained; but they yield to the slightest invasion, throw back the captive to an opposite opinion, and create disrespect for the deceiver. But the perfect honesty of Mr. Clay's views was always evident to others, and for that reason, sympathetically and powerfully affected their minds. The convictions he has produced, whether on individuals, or in the public mind, have generally been abiding. This knowledge of the way into men's minds, and into their hearts, may perhaps be regarded as the secret of Mr. Clay's influence, though it can not be separated from those extraordinary attributes of true eloquence, which are vested in person, voice, countenance, and manner, in all of which, for the purposes of conviction and persuasion, Mr. Clay has been unrivalled, throughout his professional and political career.

As Mr. Clay's life has been chiefly devoted to the public, in the offices of legislation and government, it will be apparent, that his professional practice has not only been interrupted, but often, and for protracted periods, entirely suspended. Of the hundreds of cases, which have been confided to his management, in the various state and federal courts, during the progress of nearly half a century, the notice of a few will suffice to exhibit his character as a jurist and an advocate.

In regard to civil cases, one stands very prominent in the practice of his early life, which is a striking example of his intuitive recognition of the stronger points of a legal question, in connexion with facts involved in controversy. It was a case of great interest to the parties, and was tried in Fayette circuit, the county of Mr. Clay's domicil. It happened in the opening of the trial, that he was obliged to be absent, and leave the case in the hands of his associate counsel. Two days were occupied, after the evidence was concluded, in the discussion of points of law between his colleague and his opponents, which were to govern the instructions of the court to the jury, on each of which his colleague was foiled. As a consequence, the case was about to be submitted for a verdict against Mr. Clay's client. At that moment Mr. Clay appeared in court. He had heard nothing of the evidence, and knew nothing of the discussion which had been had on the points of law, which were to determine the case. Having solicited the indulgence of the court for a few remarks, and consulted a moment with his colleague, he exhibited a statement, as to the form of instructions, in which he wished the case should be submitted, so novel, and so entirely satisfactory to the court, as to destroy the argument of the opposing counsel; and in less than half an hour after he entered the courthouse, the case was decided in favor of his client.

In 1819, the state of Ohio passed a law to tax the branches of the bank of the United States within her limits, with a view to expel the bank from the state. The tax was $50,000 annually on each branch, making no difference between the branch at Cincinnati, with a capital of $1,500,000, and that at Chilicothe, with a capital of $500,000. As the tax exceeded the profits of business, it amounted to an act of confiscation. The demand was of course resisted, and an injunction was obtained from the circuit court of the United States, to arrest execution by the state authorities. But the injunction was disregarded, and the first annual tax of $100,000 for the two branches, was forcibly obtained from the vaults of the branch at Chilicothe. The case, having been first heard and decided in the district court of the United States, against the state of Ohio, was carried by appeal, in 1824, to the supreme bench at Washington, Mr. Clay counsel for the respondents. It will be seen, that the question to be tried, was the constitutionality of the bank of the United States. This was Mr. Clay's appropriate field, equally as a lawyer and a statesman. His legal acquirements, and his knowledge of the federal constitution, were tasked to their utmost, and the skill he displayed on the occasion, was only equalled by his eloquence. It is needless to say, he was triumphant. The argument, pro and con, and the decision of the court, will be found in Wheaton's Reports, vol. ix. page 738.

As a matter of history, the fact is sufficiently notorious, that the lack of an adequate protective policy, after the war of 1812, for many years operated to bring the United States in debt to foreign parts, especially to Great Britain, by excessive imports. In the same manner, and for the same reason, as the channels of domestic trade then existed, there was a large balance against the west, in favor of the east, of the United States, constantly draining the former of its money. Europe drew from the Atlantic states, and these drew from the western states, and the currency of the country was almost annihilated. In this state of things, Kentucky, in 1820, attempted a great and hazardous experiment, in the establishment of the Commonwealth bank, with a nominal capital of two millions of dollars, based on the credit of the state, without a penny of money. There was, however, a substantial, it might VOL. I.-6

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