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. — John Shaqi
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
Mr. Clay manifested great sagacity in discerning and turning to his
advantage a technical law-point, involving doubt. The following case
illustrates this. A man by the name of Willis, indicted for murder,
escaped conviction by the disagreement of the jury, and was put upon
his trial the second time for the crime alleged. After hearing the
arguments of the prosecuting attorney, he brought forward the well
known rule of law, that the life of no one shall be put in jeopardy
twice for the same offence, and insisted on its applicability to the
case under consideration, contending that the trial, according to that
rule, was manifestly illegal, and that therefore conviction would be
impossible. At first the court was disposed to rule out his objections,
which was met on the part of Mr. Clay with a prompt refusal to proceed
with the case, unless allowed to view it in this aspect, and actually
left the room for that purpose. He was soon recalled and permitted
to proceed, and, without the remotest reference to the testimony
previously given, he obtained an acquittal solely on the ground assumed.
In only one instance do we find him engaged as public prosecutor,
in which he procured the conviction of a slave for the murder of his
overseer. With great reluctance he discharged the duties of his office
in this case, and has often been heard to regret that he had any agency
in procuring the execution of the friendless black.
In civil suits he also won great celebrity. In the settlement of
important land claims, he rendered himself very conspicuous. It
is related of him that being engaged in one that involved immense
interests, he associated with him a prominent lawyer to whom he
intrusted its management, as urgent business demanded his absence from
court. Two days were occupied in discussing the legal points that were
to govern the instructions of the court to the jury, on all of which
his colleague was frustrated. Mr. Clay returned before a decision
was rendered, and without acquainting himself with the nature of the
testimony, or ascertaining the manner in which the discussion was
conducted, after conferring a few minutes with his associate, he
prepared and presented in a few words the form in which he wished the
instructions to be given, accompanying it with his reasons, which were
so convincing that the suit was terminated in his favor, in less than
an hour after he reëntered the court room.
Public-domain text, read in full here on John Shaqi.
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