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.
History
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.
Clay, Henry, 1777-1852; Speeches, addresses, etc., American
though confronted by the combined opposition of the world. A compromise
of principle he was a stranger to. Nothing disheartened, therefore, by
the magnitude of the obstacles opposed to his progress in advocating
his favorite measures, by those high in authority, he seemed to gather
fresh energy from every new one that he encountered. In March, 1818,
a resolution was submitted to the house, declaring that congress
had power to construct military post-roads and canals, and also to
appropriate money for that object. The opposition to this presented a
formidable array of strength, and brought forward every objection that
political ingenuity could devise. Mr. Clay did not deem it advisable
to consume the time of the house in examining in detail any except
those denominated _constitutional_. His whole aim, therefore, was to
prove that the power alleged in the resolution, was derivable from
the constitution; and this he accomplished in the most convincing
manner. In construing this instrument, he observed the same rules which
governed his action in relation to the bank bill of 1816. He maintained
that every power, which _appeared necessary and proper_, to secure
the lawful exercise of constitutional rights, _was fairly impliable_,
and that this _necessity and propriety_ must be determined by the
discretion of those who exercised it, ‘under all the responsibility of
a solemn oath,’ and the knowledge that they were the subjects of those
laws that they passed, and that they were amenable to the _people_,
who held in reserve the right to resist tyrannic usurpation. Mr. Clay
argued that the power to _establish_ post-roads, expressly specified in
the constitution, involved the power to _construct_ them. This position
he illustrated with the clearness of demonstration, by referring to
that clause which gives congress the power of making war, and employing
the resources of the country in prosecuting it. He declared that, from
the same provision, the power of transporting those means was derived
by implication; and that therefore, to secure such transportation,
congress might legally construct military roads, &c. His adversaries,
compelled to yield before his powerful reasoning, fell back, and
intrenched themselves behind the _concession_ that peculiar emergencies
might justify the exercise of the power in question. From this he drove
them, by proving that this _concession contained the admission_ that
the constitution conveyed ‘the power; and,’ said Mr. Clay, ‘we may
safely appeal to the judgment of the candid and enlightened to decide
between the wisdom of these two constructions, of which one requires
you to wait for the exercise of your power until the arrival of an
emergency, which may not allow you to exert it, and the other, without
denying the power if you can exercise it during the emergency, claims
the right of providing beforehand against the emergency.’ They finally
fortified themselves behind the position, that it was not requisite
Public-domain text, read in full here on John Shaqi.
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