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
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 thirty-six 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
Public-domain text, read in full here on John Shaqi.
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