Legal career

View of Henry Clay's law office (1803–1810), Lexington, Kentucky

In November 1797, Clay relocated to Lexington, Kentucky, near where his parents and siblings resided. The Bluegrass region, with Lexington at its center, had quickly grown in the preceding decades but had only recently stopped being under the threat of Native American raids. Lexington was an established town that hosted Transylvania University, the first university west of the Appalachian Mountains.^[34] Having already passed the Virginia Bar, Clay quickly received a Kentucky license to practice law. After apprenticing himself to Kentucky attorneys such as George Nicholas, John Breckenridge, and James Brown, Clay established his own law practice, frequently working on debt collections and land disputes.^[35] Clay soon established a reputation for strong legal ability and courtroom oratory. In 1805, he was appointed to the faculty of Transylvania University where he taught, among others, future Kentucky Governor Robert P. Letcher and Robert Todd, the future father-in-law of Abraham Lincoln.^[36]

Clay's most notable client was Aaron Burr, who was indicted for treason in the Burr conspiracy. Clay and his law partner John Allen successfully defended Burr without a fee in 1807.^[37] Thomas Jefferson later convinced Clay that Burr had been guilty of the charges.^[38] Clay's legal practice was light after his election to Congress. In the 1823 case Green v. Biddle, Clay submitted the Supreme Court's first amicus curiae. However, he lost that case.^[39]

Early political career

Clay entered politics shortly after arriving in Kentucky. In his first political speech, he attacked the Alien and Sedition Acts, laws passed by Federalists to suppress dissent during the Quasi-War with France.^[40] Like most Kentuckians, Clay was a member of the Democratic-Republican Party, but he clashed with state party leaders over a state constitutional convention. Using the pseudonym "Scaevola" (in reference to Gaius Mucius Scaevola), Clay advocated for direct elections for Kentucky elected officials and the gradual emancipation of slavery in Kentucky. The 1799 Kentucky Constitution included the direct election of public officials, but the state did not adopt Clay's plan for gradual emancipation.^[41]

In 1803, Clay won election to the Kentucky House of Representatives.^[42] His first legislative initiative was the partisan gerrymander of Kentucky's Electoral College districts, which ensured that all of Kentucky's presidential electors voted for President Jefferson in the 1804 presidential election.^[43] Clay clashed with legislators who sought to reduce the power of Clay's Bluegrass region, and he unsuccessfully advocated moving the state capitol from Frankfort to Lexington. Clay frequently opposed populist firebrand Felix Grundy, and he helped defeat Grundy's effort to revoke the banking privileges of the state-owned Kentucky Insurance Company. He advocated for the construction of internal improvements, which would become a consistent theme throughout his public career.^[43] Clay's influence in Kentucky state politics was such that in 1806 the Kentucky legislature elected him to the United States Senate.^{[44][lower-alpha 1]} During his two-month tenure in the Senate, Clay advocated for the construction of various bridges and canals, including a canal connecting the Chesapeake Bay and the Delaware River.^[47]

After Clay returned to Kentucky in 1807, he was elected as the speaker of the state house of representatives.^[48] That same year, in response to attacks on American shipping by Britain and France during the Napoleonic Wars, President Jefferson arranged passage of the Embargo Act of 1807. In support of Jefferson's policy, which limited trade with foreign powers, Clay introduced a resolution to require legislators to wear homespun suits rather than those made of imported British broadcloth.^[49] The vast majority of members of the state house voted for the measure, but Humphrey Marshall, an "aristocratic lawyer who possessed a sarcastic tongue," voted against it.^[50] In early 1809, Clay challenged Marshall to a duel, which took place on January 19.^[51] While many contemporary duels were called off or fought without the intention of killing one another, both Clay and Marshall fought the duel with the intent of killing their opponent.^[52] They each had three turns to shoot; both were hit by bullets, but both survived.^[50] Clay quickly recovered from his injury and received only a minor censure from the Kentucky legislature.^[53]

In 1810, U.S. Senator Buckner Thruston resigned to accept appointment to a position as a federal judge, and Clay was selected by the legislature to fill Thruston's seat. Clay quickly emerged as a fierce critic of British attacks on American shipping, becoming part of an informal group of "war hawks" who favored expansionist policies.^[54] He also advocated the annexation of West Florida, which was controlled by Spain.^[55] On the insistence of the Kentucky legislature, Clay helped prevent the re-charter of the First Bank of the United States, arguing that it interfered with state banks and infringed on states' rights.^[56] After serving in the Senate for one year, Clay decided that he disliked the rules of the Senate and instead sought election to the United States House of Representatives.^[57] He won election unopposed in late 1810.^[58]

Election and leadership

The 1810–1811 elections produced many young, anti-British members of Congress who, like Clay, supported going to war with Great Britain. Buoyed by the support of fellow war hawks, Clay was elected Speaker of the House for the 12th Congress.^[59] At 34, he was the youngest person to become speaker, a distinction he held until 1839, when 30-year-old Robert M. T. Hunter took office.^[60] He was also the first of only two new members elected speaker to date,^{[lower-alpha 2]} the other being William Pennington in 1860.^[61]

Between 1810 and 1824, Clay was elected to seven terms in the House.^[62] His tenure was interrupted from 1814 to 1815 when he was a commissioner to peace talks with the British in Ghent, United Netherlands to end the War of 1812, and from 1821 to 1823, when he left Congress to rebuild his family's fortune in the aftermath of the Panic of 1819.^[63] Elected speaker six times, Clay's cumulative tenure in office of 10 years, 196 days, is the second-longest, surpassed only by Sam Rayburn.^[64]

As speaker, Clay wielded considerable power in making committee appointments, and like many of his predecessors he assigned his allies to important committees. Clay was exceptional in his ability to control the legislative agenda through well-placed allies and the establishment of new committees and departed from precedent by frequently taking part in floor debates.^[65] Yet he also gained a reputation for personal courteousness and fairness in his rulings and committee appointments.^[66] Clay's drive to increase the power of the office of speaker was aided by President James Madison, who deferred to Congress in most matters.^[67] John Randolph, a member of the Democratic-Republican Party but also a member of the "tertium quids" group that opposed many federal initiatives, emerged as a prominent opponent of Speaker Clay.^[68] While Randolph frequently attempted to obstruct Clay's initiatives, Clay became a master of parliamentary maneuvers that enabled him to advance his agenda even over the attempted obstruction by Randolph and others.^{[69][lower-alpha 3]}

Madison administration, 1811–1817

Clay and other war hawks demanded that the British revoke the Orders in Council, a series of decrees that had resulted in a de facto commercial war with the United States.^[71] Though Clay recognized the dangers inherent in fighting Britain, one of the most powerful countries in the world, he saw it as the only realistic alternative to a humiliating submission to British attacks on American shipping.^[72] Clay led a successful effort in the House to declare war against Britain, complying with a request from President Madison.^[73] Madison signed the declaration of war on June 18, 1812, beginning the War of 1812. During the war, Clay frequently communicated with Secretary of State James Monroe and Secretary of War William Eustis, though he advocated for the replacement of the latter.^[74] The war started poorly for the Americans, and Clay lost friends and relatives in the fighting.^[73] In October 1813, the British asked Madison to begin negotiations in Europe, and Madison asked Clay to join his diplomatic team, as the president hoped that the presence of the leading war hawk would ensure support for a peace treaty. Clay was reluctant to leave Congress but felt duty-bound to accept the offer, and so he resigned from Congress on January 19, 1814.^[75]

Clay left the country on February 25, but negotiations with the British did not begin until August 1814. Clay was part of a team of five commissioners that included Treasury Secretary Albert Gallatin, Senator James Bayard, ambassador Jonathan Russell, and ambassador John Quincy Adams, the head of the American team.^[76] Clay and Adams maintained an uneasy relationship marked by frequent clashes, and Gallatin emerged as the unofficial leader of the American team. When the British finally presented their initial peace offer, Clay was outraged by its terms, especially the British proposal for an Indian barrier state on the Great Lakes. After a series of American military successes in 1814, the British delegation made several concessions and offered a better peace deal.^[77] While Adams and Gallatin were eager to make peace as quickly as possible even if that required sub-optimal terms in the peace treaty, Clay believed that the British, worn down by years of fighting against France, greatly desired peace with the United States. Partly due to Clay's hard-line stance, the Treaty of Ghent included relatively favorable terms for the United States, essentially re-establishing the status quo ante bellum between Britain and the U.S. The treaty was signed on December 24, 1814, bringing a close to the War of 1812.^[78] After the signing of the treaty, Clay briefly traveled to London, where he helped Gallatin negotiate a commercial agreement with Britain.^[79]

Clay returned to the United States in September 1815; despite his absence, he had been elected to another term in the House of Representatives. Upon his return to Congress, Clay won election as Speaker of the House.^[80] The War of 1812 strengthened Clay's support for interventionist economic policies such as federally funded internal improvements, which he believed were necessary to improve the country's infrastructure system.^[81] He eagerly embraced President Madison's ambitious domestic package, which included infrastructure investment, tariffs to protect domestic manufacturing, and spending increases for the army and navy. With the help of John C. Calhoun and William Lowndes, Clay passed the Tariff of 1816, which served the dual purpose of raising revenue and protecting American manufacturing. To stabilize the currency, Clay and Treasury Secretary Alexander Dallas arranged passage of a bill establishing the Second Bank of the United States (also known as the national bank).^[82] Clay also supported the Bonus Bill of 1817, which would have provided a fund for internal improvements, but Madison vetoed the bill on constitutional concerns.^[83] Beginning in 1818, Clay advocated for an economic plan known as the "American System," which encompassed many of the economic measures, including protective tariffs and infrastructure investments, that he helped pass in the aftermath of the War of 1812.^[84]

Monroe administration, 1817–1825

Like Jefferson and George Washington, President Madison decided to retire after two terms, leaving open the Democratic-Republican nomination for the 1816 presidential election. At the time, the Democratic-Republicans used a congressional nominating caucus to choose their presidential nominees, giving congressmen a powerful role in the presidential selection process. Monroe and Secretary of War William Crawford emerged as the two main candidates for the Democratic-Republican nomination. Clay had a favorable opinion of both individuals, but he supported Monroe, who won the nomination and went on to defeat Federalist candidate Rufus King in the general election.^[85] Monroe offered Clay the position of secretary of war, but Clay strongly desired the office of secretary of state and was angered when Monroe instead chose John Quincy Adams for that position.^[86] Clay became so bitter that he refused to allow Monroe's inauguration to take place in the House Chamber and subsequently did not attend Monroe's outdoor inauguration.^[87]

Portrait by Matthew Harris Jouett, 1818

In early 1819, a dispute erupted over the proposed statehood of Missouri after New York Congressman James Tallmadge introduced a legislative amendment that would provide for the gradual emancipation of Missouri's slaves.^[88] Though Clay had previously called for gradual emancipation in Kentucky, he sided with the Southerners in voting down Tallmadge's amendment.^[89] Clay instead supported Illinois Senator Jesse B. Thomas's compromise proposal in which Missouri would be admitted as a slave state, Maine would be admitted as a free state,^{[lower-alpha 4]} and slavery would be forbidden in the territories north of 36° 30' parallel. Clay helped assemble a coalition that passed the Missouri Compromise, as Thomas's proposal became known.^[90] Further controversy ensued when Missouri's constitution banned free blacks from entering the state, but Clay was able to engineer another compromise that allowed Missouri to join as a state in August 1821.^[91]

In foreign policy, Clay was a leading American supporter of the independence movements and revolutions that broke out in Latin America beginning in 1810.^[92] Clay frequently called on the Monroe administration to recognize the fledgling Latin American republics, but Monroe feared that doing so would derail his plans to acquire Spanish Florida.^[93] In 1818, General Andrew Jackson crossed into Spanish Florida to suppress raids by Seminole Indians.^[94] Though Jackson was following Monroe's implied wishes in entering Florida, he created additional controversy in seizing the Spanish town of Pensacola. Despite protests from Secretary of War Calhoun, Monroe and Adams decided to support Jackson's actions in the hope that they would convince Spain to sell Florida.^[94] Clay, however, was outraged, and he publicly condemned Jackson's decision to hang two foreign nationals without a trial. Before the House chamber, he compared Jackson to military dictators of the past, telling his colleagues "that Greece had her Alexander, Rome her Caesar, England her Cromwell, France her Bonaparte, and, that if we would escape the rock on which they split, we must avoid their errors."^[95] Jackson saw Clay's protestations as an attack on his character and thus began a long rivalry between Clay and Jackson.^[95] The rivalry and the controversy over Jackson's expedition temporarily subsided after the signing of the Adams–Onís Treaty, in which the U.S. purchased Florida and delineated its western boundary with New Spain.^[96]

1824 presidential election

Main article: 1824 United States presidential election

Clay helped Adams win the 1825 contingent House election after Clay failed to finish among the three electoral vote-winners. States in orange voted for Crawford, states in green for Adams, and states in blue for Jackson.

By 1822, several members of the Democratic-Republican Party had begun exploring presidential bids to succeed Monroe, who planned to retire after two terms like his predecessors.^[97] As the Federalist Party was near collapse, the 1824 presidential election would be contested only by members of the Democratic-Republican Party, including Clay. Having led the passage of the Tariff of 1824 and the General Survey Act, Clay campaigned on his American System of high tariffs and federal spending on infrastructure.^[98] Three members of Monroe's Cabinet, Secretary of the Treasury William Crawford, Secretary of State John Quincy Adams, and Secretary of War John C. Calhoun, appeared to be Clay's strongest competitors for the presidency.^[97] Though many, including Clay, did not take his candidacy seriously at first, General Andrew Jackson emerged as a presidential contender, eroding Clay's base of support in the western states.^[99] In February 1824, the sparsely attended Democratic-Republican congressional caucus endorsed Crawford's candidacy, but Crawford's rivals ignored the caucus results, and various state legislatures nominated candidates for president.^[100] During the campaign, Crawford suffered a major stroke, while Calhoun withdrew from the race after Jackson won the endorsement of the Pennsylvania legislature.^[101]

By 1824, with Crawford still in the race, Clay concluded that no candidate would win a majority of electoral votes; in that scenario, the House of Representatives would hold a contingent election to decide the election. Under the terms of the Twelfth Amendment, the top three electoral vote-getters would be eligible to be elected by the House. Clay was confident that he would prevail in a contingent held in the chamber he presided over, so long as he was eligible for election.^[102] Clay won Kentucky, Ohio, and Missouri, but his loss in New York and Louisiana relegated him to a fourth-place finish behind Adams, Jackson, and Crawford.^[103] Clay was humiliated that he finished behind the invalid Crawford and Jackson, but supporters of the three remaining presidential candidates immediately began courting his support for the contingent election.^[104]

For various reasons, supporters of all three candidates believed they had the best chance of winning Clay's backing, but Clay quickly settled on supporting Adams.^[105] Of the three candidates, Adams was the most sympathetic to Clay's American System, and Clay viewed both Jackson and the sickly Crawford as unsuitable for the presidency.^[106] On January 9, 1825, Clay privately met with Adams for three hours, after which Clay promised Adams his support; both would later claim that they did not discuss Clay's position in an Adams administration.^[107] With the help of Clay, Adams won the House vote on the first ballot.^[108] After his election, Adams offered Clay the position of secretary of state, which Clay accepted, despite fears that he would be accused of trading his support for the Cabinet post. Jackson was outraged by the election, and he and his supporters accused Clay and Adams of having reached a "Corrupt Bargain."^[109] Pro-Jackson forces immediately began preparing for the 1828 presidential election, with the Corrupt Bargain accusation becoming their central issue.^[110]

Jackson administration, 1829–1837

Henry Clay, circa 1832

Bank War and the 1832 presidential election

Main articles: Bank War, 1831 National Republican National Convention, and 1832 United States presidential election

Andrew Jackson defeated Clay in the 1832 election

With the defeat of Adams, Clay became the de facto leader of the National Republicans, and he began making preparations for a presidential campaign in the 1832 election.^[131] In 1831, Jackson made it clear that he was going to run for re-election, ensuring that support or opposition to his presidency would be a central feature of the upcoming race.^[132] Jackson's Democrats rallied around his policies towards the national bank, internal improvements, Indian removal, and nullification, but these policies also earned Jackson various enemies, including Vice President John C. Calhoun.^[133] However, Clay rejected overtures from the fledgling Anti-Masonic Party,^{[lower-alpha 5]} and his attempt to convince Calhoun to serve as his running mate failed, leaving the opposition to Jackson split among different factions.^[135] Inspired by the Anti-Masonic Party's national convention, Clay's National Republican followers arranged for a national convention that nominated Clay for president.^[136]

As the 1832 election approached, the debate over the re-authorization of the national bank emerged as the most important issue in the campaign.^[133] By the early 1830s, the national bank had become the largest corporation in the United States, and banknotes issued by the national bank served as the de facto legal tender of the United States.^[137] Jackson disliked the national bank because of a hatred of both banks and paper currency.^[138] The bank's charter did not expire until 1836, but bank president Nicholas Biddle asked for renewal in 1831, hoping that election year pressure and support from Secretary of the Treasury Louis McLane would convince Jackson to allow the re-charter.^[139] Biddle's application set off the "Bank War"; Congress passed a bill to renew the national bank's charter, but Jackson vetoed it, holding the bank to be unconstitutional.^[140] Clay had initially hoped that the national bank re-charter would work to his advantage, but Jackson's allies seized on the issue, redefining the 1832 election as a choice between the president and a "monied oligarchy."^[141] Ultimately, Clay was unable to defeat a popular sitting president. Jackson won 219 of the 286 electoral votes and 54.2% of the popular vote, carrying almost every state outside of New England.^[142]

Van Buren administration, 1837–1841

Clay (brown) won the backing of several state delegations on the first ballot of the 1839 Whig National Convention, but William Henry Harrison ultimately won the party's presidential nomination.

Van Buren's presidency was affected badly by the Panic of 1837, a major recession that badly damaged the Democratic Party.^[160] Clay and other Whigs argued that Jackson's policies, including the use of pet banks, had encouraged speculation and caused the panic.^[161] He promoted the American System as a means for economic recovery, but President Van Buren's response focused on the practice of "strict economy and frugality."^[162] As the 1840 presidential election approached, many expected that the Whigs would win control of the presidency due to the ongoing economic crisis.^[163] Clay initially viewed Webster as his strongest rival,^[164] but Clay, Harrison, and General Winfield Scott emerged as the principal candidates at the 1839 Whig National Convention.^[165]

Though he was widely regarded as the most qualified Whig leader to serve as president, many Whigs questioned Clay's electability after two presidential election defeats. He also faced opposition in the North due to his ownership of slaves and lingering association with the Freemasons, and in the South from Whigs who distrusted his moderate stance on slavery.^[166] Clay won a plurality on the first ballot of the Whig National Convention, but, with the help of Thurlow Weed and other backers, Harrison consolidated support on subsequent ballots and won the Whig presidential nomination on the fifth ballot of the convention.^{[167][lower-alpha 6]} Seeking to placate Clay's supporters and to balance the ticket geographically, the convention chose former Virginia Governor and Senator John Tyler, a personal friend of Clay, whose previous career in the Democratic Party had practically come to an end, as the vice-presidential nominee.^[169] Clay was disappointed by the outcome but helped Harrison's ultimately successful campaign by delivering numerous speeches.^[170] With Whigs also winning control of Congress in the 1840 elections, Clay saw the upcoming 27th Congress as an opportunity for the Whig Party to establish itself as the dominant political party by leading the country out of recession.^[171]

Harrison and Tyler administrations, 1841–1845

President-elect Harrison asked Clay to serve another term as Secretary of State, but Clay chose to remain in Congress. Webster was instead chosen as Secretary of State, while John J. Crittenden, a close ally of Clay, was chosen as Attorney General.^[172] As Harrison prepared to take office, Clay and Harrison clashed over the leadership of the Whig Party, with Harrison sensitive to accusations that he would answer to Clay.^[173] Just a month into his presidency, Harrison died of an illness and was succeeded by Vice President John Tyler.^[174] Tyler retained Harrison's Cabinet, but the former Democrat and avid follower of both Jefferson's and Jackson's philosophy quickly made it known that he had reservations about re-establishing a national bank, a key priority of Clay's.^[175] Clay nonetheless initially expected that Tyler would approve the measures passed by the Whig-controlled Congress; his priorities included the re-establishment of the national bank, higher tariff rates, a national bankruptcy law, and an act to distribute the proceeds of land sales to the states for investments in infrastructure and education. Clay and his congressional allies attempted to craft a national bank bill acceptable to Tyler, but Tyler vetoed two separate bills to re-establish the national bank, showing that he in fact had no will to reach a solution for the party's issues. Clay and other Whig leaders were now outraged not only by Tyler's rejection of the Whig party platform but also because they felt that Tyler had purposely misled them into thinking that he would sign the bills.^[176]

After the second veto, congressional Whigs voted to expel Tyler from the party, and on Clay's request, every Cabinet member except for Webster, who wanted to continue negotiating the Webster-Ashburton Treaty with Great Britain about the border to Canada, resigned from office.^[177] This made Tyler increasingly move closer to his former Democratic Party and, with Webster still serving in the Tyler administration, Clay emerged as the clear leader of the Whig Party.^[178] In early 1842, Clay resigned from the Senate after arranging for Crittenden to succeed him.^[179] Though he vetoed other Whig bills, Tyler did sign some Whig priorities into law, including the Preemption Act of 1841, which distributed the proceeds of land sales to the states, and the Bankruptcy Act of 1841, which was the first law in U.S. history that allowed for voluntary bankruptcy.^[180] Facing a large budget deficit, Tyler also signed the Tariff of 1842, which restored the protective rates of the Tariff of 1832 but ended the distribution policy that had been established with the Preemption Act of 1841.^[181]

1844 presidential election

Main articles: 1844 United States presidential election and 1844 Whig National Convention

James K. Polk defeated Clay in the 1844 election.

President Tyler's break with the Whig Party, combined with Webster's continuing affiliation with Tyler, positioned Clay as the leading contender for the Whig nomination in the 1844 presidential election.^[182] By 1842, most observers believed that Clay would face Van Buren in the 1844 presidential election, as he had still remained as the clear leader of the Democrats and, following the tradition of the founders, wanted a second term.^[183] Hoping to win another term, President Tyler forged an alliance with John C. Calhoun and pursued the annexation of the Republic of Texas, which would add another slave state to the union.^[184] After President Tyler concluded an annexation treaty with Texas, Clay announced his opposition to annexation.^[185] He argued that the country needed "union, peace, and patience," and annexation would bring tensions over slavery and war with Mexico. The same day that Clay published a letter opposing the annexation of Texas,^{[lower-alpha 7]} Van Buren also came out against annexation, citing similar reasons as Clay, so that slavery and especially expansionism seemed to play no role in the next election.^{[187][lower-alpha 8]} Clay unanimously won the presidential nomination at the 1844 Whig National Convention, but a minority of expansionist Southern Democrats, encouraged by Tyler's alternative outline, blocked Van Buren's nomination at the 1844 Democratic National Convention for countless ballots, until Van Buren withdrew, making place for an unexpected compromise candidate: The party nominated former Speaker of the House James K. Polk of Tennessee, who favored annexation, but in order to calm anti-expansionists, promised to just run for a single term.^[189] Following the nomination of a pro-annexation Democrat, Tyler soon ended his incipient independent run for president and endorsed Polk.^[190]

Clay was surprised by Van Buren's defeat but remained confident of his chances in the 1844 election.^[191] Polk was the first "dark horse" presidential nominee in U.S. history, and Whigs mocked him as a "fourth rate politician." Despite his relative lack of national stature, Polk proved to be a strong candidate capable of uniting the factions of the Democratic Party and winning the support of Southerners who had been reluctant to support Van Buren.^[192] Clay's stance on slavery alienated some voters in both the North and the South. Pro-slavery Southerners flocked to Polk, while many Northern abolitionists, who tended to align with the Whig Party, favored James G. Birney of the Liberty Party.^[193] Clay's opposition to annexation damaged his campaign in the South, as Democrats argued that he worked in unison with Northerners to stop the extension of slavery.^[194] In July, Clay wrote two letters in which he attempted to clarify his position on the annexation of Texas, and Democrats attacked his supposedly inconsistent position.^[195]

Polk narrowly won the election, taking 49.5% of the popular vote and 170 of the 275 electoral votes.^{[196][lower-alpha 9]} Birney won several thousand anti-annexation votes in New York, and his presence in the race may have cost Clay the election.^[197] Most of Clay's contemporaries believed that annexation had been the decisive issue in the race, but Polk's savvy campaigning on the tariff may have also been decisive, as he narrowly won pro-tariff Pennsylvania after downplaying his anti-tariff views.^[198] After Polk's victory and the final indirect success of Tyler's strategy, Congress approved the annexation of Texas, which was signed by Tyler on his last day in office, and Texas gained statehood in late 1845.^[199]

Polk administration, 1845–1849

Clay (brown) won the backing of numerous delegates on the first ballot of the 1848 Whig National Convention, but Zachary Taylor ultimately won the party's presidential nomination.

Henry Clay Jr., who died serving in the Mexican–American War

After the 1844 election, Clay returned to his career as an attorney.^[200] Though he was no longer a member of Congress, he remained closely interested in national politics. In 1846, the Mexican–American War broke out after American and Mexican forces clashed at the disputed border region between Mexico and Texas. Initially, Clay did not publicly oppose the war, but privately he saw it as an immoral war that risked producing "some military chieftain who will conquer us all."^[201] He suffered a personal blow in 1847 when his son, Henry Clay Jr., died at the Battle of Buena Vista.^[202] In November 1847, Clay re-emerged on the political scene with a speech that was harshly critical of the Mexican–American War and President Polk.^[203] He attacked Polk for fomenting the conflict with Mexico and urged the rejection of any treaty that added new slave territory to the United States. Months after the speech, the Senate ratified the Treaty of Guadalupe Hidalgo, in which Mexico ceded hundreds of thousands of square miles of territory known as the Mexican Cession.^[204]

By 1847, General Zachary Taylor, who commanded the American forces at Buena Vista, had emerged as a contender for the Whig nomination in the 1848 presidential election.^[205] Despite Taylor's largely unknown political views, many Whigs believed he was the party's strongest possible candidate due to his martial accomplishments in the Mexican–American War.^[206] One of Clay's most trusted allies and advisers, John J. Crittenden, was Taylor's de facto campaign manager.^[207] Clay had initially told his allies that he would not run in the 1848 presidential election, but he was unwilling to support Taylor, a "mere military man." On April 10, 1848, he announced his candidacy for the Whig nomination.^[208] Although Webster and Winfield Scott each commanded a limited base of support in the party, Taylor and Clay each saw the other as their lone serious rival for the Whig nomination.^[209] As Taylor commanded the support of most Southern Whigs, Clay focused his efforts on courting Northern Whigs, emphasizing his opposition to the Mexican–American War and his life-long support for the gradual emancipation of slaves in Kentucky.^[210] Clay presented a strong challenge to Taylor at the 1848 Whig National Convention, but Taylor won the presidential nomination on the fourth ballot. Partially in an attempt to please the Clay wing of the party, the convention nominated Millard Fillmore as Taylor's running mate.^[211] Clay was embittered by his failure at the convention, and he did not campaign on behalf of Taylor. Nonetheless, Taylor won the election, taking 47.3 percent of the popular vote and 163 of 290 electoral votes.^[212]

Taylor and Fillmore administrations, 1849–1852

The United States after the ratification of the Treaty of Guadalupe Hidalgo, with the Mexican Cession still unorganized

The United States after the Compromise of 1850

Increasingly worried about the sectional tensions arising over the issue of slavery in newly acquired territories, Clay accepted election to the Senate in 1849.^[213] Having refused to campaign for Taylor, Clay played little role in the formation of Taylor's Cabinet or in determining the new administration's policies.^[214] In January 1850, with Congress still deadlocked regarding the status of the Mexican Cession, Clay proposed a compromise designed to organize territory acquired in the Mexican–American War and address other issues contributing to sectional tensions.^[215] His legislative package included the admission of California as a free state, the cession by Texas of some of its northern and western territorial claims in return for debt relief, the establishment of New Mexico and Utah territories, a ban on the importation of slaves into the District of Columbia for sale, and a more stringent fugitive slave law.^[216] Though it faced opposition from Southern extremists like Calhoun and Northern abolitionists like William Seward, Clay's proposal won the backing of many Southern and Northern leaders.^[217]

President Taylor, who favored the immediate admission of California and New Mexico as free states without any attached conditions, opposed the plan, and Clay openly broke with the president in May 1850.^[218] Debate over Clay's proposal continued into July when Taylor unexpectedly died of an illness.^[219] After Taylor's death, President Fillmore, who supported Clay's compromise bill, consulted with Clay in appointing a new Cabinet.^[220] Exhausted by the debate in the Senate, Clay took a leave of absence shortly after Taylor's death, but Fillmore, Webster, and Democratic Senator Stephen A. Douglas took charge of pro-compromise forces. By the end of September 1850, Clay's proposal, which became known as the Compromise of 1850, had been enacted. Though contemporaries credited Fillmore, Douglas, and Webster for their role in passing the Compromise of 1850, Clay was widely regarded as the key figure in ending a major sectional crisis.^[221]

American System

Throughout most of his political life, Clay promoted his American System as both an economic program and a means for unifying the country. Clay's American System rejected strict constructionism in favor of an activist government that would help ensure a fairer and more efficient distribution of economic gains. The American System had four key tenets: high tariffs, a stable financial system, federal investment in internal improvements, and a public land sale policy designed to raise revenue and provide for carefully managed expansion into the American frontier.^[227] Through high tariffs, Clay hoped to free the United States from dependence on foreign imports, especially from Britain.^[228] Clay sought to ensure a stable financial system through support for the national bank, which regulated the country's banking system and helped ensure a consistent supply of credit.^[229] Clay's support for federally financed internal improvements stemmed from his belief that only the federal government could construct the transportation system necessary for uniting the country commercially and culturally.^[230] His land policy focused on using federal revenue from land sales to fund states' investments in education, infrastructure projects, and other priorities.^[231]

Slavery and the Dupuy case

Clay inherited slaves as a young child,^[5] and he continued to own slaves throughout his life. However, in the 1790s, he adopted antislavery views under the influence of his mentor George Wythe.^[232] Like most of his contemporaries, Clay was not a racial egalitarian and never called for the immediate abolition of slavery, but he viewed slavery as a "grievous wrong to the slave" and spoke in favor of equal treatment for free blacks.^[233] Early in his career, Clay favored gradual emancipation in both Kentucky and Missouri, but each state rejected plans that would have provided for gradual emancipation.^[234] Clay continued to support gradual emancipation throughout his career and published an open letter in 1849 calling for gradual emancipation in Kentucky, though he qualified this view by stating he would only support emancipation if it included a plan for colonizing free blacks outside of the state.^[235] Unlike many other Southern leaders, he consistently favored recognition of Haiti, which had been established through a slave revolt.^[236]

In 1816, Clay helped establish the American Colonization Society, a group that wanted to establish a colony for free American blacks in Africa. The group was made up of abolitionists who wanted to end slavery and slaveholders who wanted to deport free blacks.^[237] Clay's support for colonization reflected his belief that a multiracial society was ultimately unworkable, both for whites and free blacks.^[238] Later in his career, Clay became increasingly concerned about abolitionism, remarking that "the ultraism of the South on the one hand [...] and the ultraism of abolition on the other" represented the greatest threat to the Union. Nonetheless, he consistently defended the right of abolitionists to send materials through the mail and opposed the gag rule, which limited congressional debate on slavery.^[239]

On his 600-acre plantation, there were 122 slaves held over the course of his life.^[29] Clay's status as a slave owner and his anti-slavery views occasionally led to conflicts in his political career. During a visit to Indiana in the 1840s, Clay was confronted at a political meeting by a Quaker abolitionist named Hiram Mendenhall, who presented Clay with a petition calling on him to free his slaves. Clay dismissed Mendenhall out of hand, stating that the petition was no different from if it demanded he give up his farm.^[240]

Many of his contemporaries, including anti-slavery activist James G. Birney, believed that Clay's home state of Kentucky had the laws most permissive to slaves of any slave state. Clay considered himself to be a "good" master. Biographer James C. Klotter concludes that Clay took actions, such as keeping families together, to mitigate the harshness of slavery. However, showing the opposite is his treatment of the family of Lewis Hayden.^[241]

Klotter also states that there is no evidence that Clay ever had sex with any of his slaves. Other sources state quite the contrary of his sexual practices. ^[242]

While in Washington DC, Clay acquired an octoroon to serve as his concubine. Phoebe Moore, age 16, was purchased by Henry Clay from Senator Thomas Hart Benton, according to her obituary in New Orleans Times-Picayune. When he was in Washington, she resided with Clay in his Washington home and bore him two children. After he emancipated her, she moved to Memphis TN. ^{[243] [244]}

In 1844, Clay’s wife discovered that he was having relations with the “yellow girl that attended his poultry and fowls.” The young woman and her children were then sent to Louisiana to be sold. ^[242]

Yet, as Clay himself wrote, "here in Kentucky slavery is in its most mitigated form, still it is slavery."^{[245] [246]} Clay's will provided for the gradual emancipation of the slaves he held at the time of his death in 1852. However, he also stipulated that several of those slaves were bequeathed to his son, John.^[222]

In 1829, Charlotte Dupuy, who was enslaved by Clay, sued for her freedom while visiting relatives in Maryland. Dupuy's attorney gained an order from the court for her to remain in Washington until the case was settled, and she worked for wages for 18 months for Martin Van Buren, Clay's successor as secretary of state.^[247] The case embarrassed Clay politically and personally, but he ultimately prevailed in court. After winning the case, Clay sent Dupuy to New Orleans, causing her to be away from her own family, but he later freed Dupuy and two of her children.

Aaron Dupuy, Charlotte's husband, was ordered by Clay to be whipped, at the behest of Clay's wife, Lucretia. Dupuy's infraction was a late return as Lucretia's carriage driver. The overseer attempted the whipping, but Dupuy managed to wrest the whip away. Dupuy began beating the overseer.^[248] He was not freed at the time of Clay's death, but became freed after the Civil War.^[249]

Lewis Hayden's wife and child were enslaved by Clay. The three journeyed via the Underground Railroad to Amherstburg, Ontario. The couple became prominent abolitionists and later resided in Boston, MA. Lewis was elected in 1873 to the state legislature.^[250]

Though some sources say Clay's practice was to keep families together, other documented incidents show the contrary. In about 1836 Clay had an enslaved mother, Esther Harvey, and her son, sold South. They were the family of Lewis Hayden, a waiter at the upscale Phoenix Hotel. In about 1842, Hayden was threatened, also by Clay, with the sale of his second wife, Harriet Bell Hayden and her son Joseph who he had adopted. Hayden secured the aid of Vermont resident Delia Webster and Oberlin College student Rev. Calvin Fairbank through the assistance of John Mifflin, AME minister and Oberlin OH resident. They crafted a successful escape plan via the Underground Rairoad through Maysville KY, across the Ohio River to the free states of Ohio and Michigan. The Haydens became residents of Amherstburg, Ontario, Canada.^[241]

The Hayden household sheltered hundreds of blacks seeking freedom; it was said they "harbored 75 percent of all slaves passing through Boston". Following the passage of the Fugitive Slave Act in 1850, Harriet Hayden managed and operated Boston's main Underground Railroad operations, and was key to leading people through Boston's tunnel system.^[251]

On January 4, 1845, Webster received a sentence of two years hard labor for her part in the escape; she was pardoned on February 24, 1845. Also during February, Fairbank was sentenced to 15 years.^[252] The Kentucky governor pardoned him in 1849. However, he was imprisoned again in 1852 and served 12 years for aiding in another escape.^[253]

Lewis Richardson, Clay's self-emancipated slave, gave a speech that belies Clay's self-portrayal as a "good" master. Richardson had been enslaved at Ashland for 20 years, and after a beating escaped via the Underground Railroad in January, 1846. By May of that year, Richardson was also living in Amherstburg, Ontario. In a speech he gave at Union Chapel there, he told not only of continual sparse food and lack of warm clothing, but of 150 lashes from overseer Ambrose Brice for the offense of being an hour late returning from a visit to his wife.^[254] Brice later denied this claim, stating it was 16 lashes. Richardson's speech was published in an abolitionist newspaper, Signal of Liberty.^[252][255] The text of his speech is available at the following reference.^[256]

Historical reputation

Clay's Whig Party collapsed four years after his death, but Clay cast a long shadow over the generation of political leaders that presided over the Civil War. Mississippi Senator Henry S. Foote stated his opinion that "had there been one such man in the Congress of the United States as Henry Clay in 1860–1861 there would, I feel sure, have been no civil war".^[257][258] Clay's protege and fellow Kentuckian, John J. Crittenden, attempted to keep the Union together with the formation of the Constitutional Union Party and the proposed Crittenden Compromise. Though Crittenden's efforts were unsuccessful, Kentucky remained in the Union during the Civil War, reflecting in part Clay's continuing influence.^[259] Abraham Lincoln was a great admirer of Clay, saying he was "my ideal of a great man." Lincoln wholeheartedly supported Clay's economic programs and, prior to the Civil War, held similar stances about slavery and the Union.^[260] Some historians have argued that a Clay victory in the 1844 election would have prevented both the Mexican-American War and the American Civil War.^[261]

External videos
Presentation by James Klotter on the life and career of Henry Clay, February 11, 2011, C-SPAN

Clay is generally regarded as one of the important political figures of his era.^[262] Most historians and political scientists consider Clay to be one of the most influential speakers of the house in U.S. history.^[263] In 1957, a Senate Committee selected Clay as one of the five greatest U.S. senators, along with Daniel Webster, John C. Calhoun, Robert La Follette, and Robert A. Taft.^[264] A 1986 survey of historians ranked Clay as the greatest senator in U.S. history, while a 2006 survey of historians ranked Clay as the 31st-most influential American of all time.^[265] A 1998 poll of historians ranked Clay as the most qualified unsuccessful major party presidential nominee in U.S. history.^[266] In 2015, political scientist Michael G. Miller and historian Ken Owen ranked Clay as one of the four most influential American politicians who never served as president, alongside Alexander Hamilton, William Jennings Bryan, and John C. Calhoun.^[267] Noting Clay's influence over the United States in the last three decades of his life, biographer James Klotter writes that "perhaps posterity should no longer call it the Jacksonian Era ... and instead term it the Clay Era."^[268]

Monuments and memorials

Clay's estate, Ashland, in Lexington, Kentucky

Many monuments, memorials, and even high schools have been erected and named in honor of Clay. Sixteen counties, one each in Alabama, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Minnesota, Mississippi, Missouri, Nebraska, North Carolina, South Dakota, Tennessee, Texas, and West Virginia, are named for Clay. Communities named for Clay include Clay, Kentucky, Claysville, Alabama and Claysville, Pennsylvania. The United States Navy named a submarine, the USS Henry Clay, in his honor. Several statues honor Clay, including the Henry Clay Monument in Pottsville, Pennsylvania, and one of Kentucky's two statues in the National Statuary Hall Collection. lay's estate of Ashland is a National Historic Landmark. The Decatur House, Clay's home in Washington, D.C. during his tenure as secretary of state, is also a National Historic Landmark. Due to his involvement in the American Colonization Society, a town in the newly formed Liberia in West Africa was named Clay-Ashland after Henry Clay and to where the freed slaves from Kentucky emigrated. Clay is also one of the "famous five" senators honored with their portraits in the Senate Reception Room.^[269]

Works cited