The Papers of HENRY CLAY

§he Papers of HENRY CLAY

.James F. Hopkins and Mary W. M. Hargreaves, Editors

Wayne Cutler and Burton Milward, Assistant Editors

VoLUME 5 SECRETARY OF STATE 1826

THE UNIVERSITY PRESS OF KENTUCKY Copyright © 1973 by The University Press of Kentucky Library of Congress Catalog Card No. 59-13605 "My ambition is that we may enter a new and larger era of service to humanity."

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The following symbols are used to describe the nature of the originals of documents copied from manuscript sources.

AD Autograph Document AD draft Autograph Document, draft ADS Autograph Document Signed AE Autograph Endorsement AEI Autograph Endorsement Initialed AES Autograph Endorsement Signed AL Autograph Letter AL draft Autograph Letter, draft ALI Autograph Letter Initialed ALI draft Autograph Letter Initialed, draft ALS Autograph Letter Signed ALS draft Autograph Letter Signed, draft AN Autograph Note AN draft Autograph Note, draft ANS Autograph Note Signed Copy Copy not by writer (indicated "true" if so certified) Copy Signed Copy, not by writer, Signed D Document DS Document Signed ES Endorsement Signed L Letter L draft Letter, draft LI draft Letter Initialed, draft LS Letter Signed N Note

The following, from the Symbols Used in the National Union Catalog of the Library of Congress (8th ed., rev.; Washington, 1960), indicate the location of the original documents in institutional libraries of the United States.

CHi California Historical Society, San Francisco, California Vlll SECRETARY OF STATE CSmH Henry E. Huntington Library and Museum, San Marino, California Ct!-Ii Connecticut Historical Society, Hartford, Connecticut DLC United States Library of Congress, Washington, D.C. DLC-HC Library of Congress, Henry Clay Collection DLC-TJC Library of Congress, Thomas J. Clay Collection D?\A United States National Archives Library, Washington, D.C. Following the symbol for this depository, the letters A. and R. mean Applications and Recommen­ dations; M, Microcopy; P. and D. of L., Publication and Distribution of the Laws; R, Reel; and RG, Record Group. I CHi Chicago Historical Society, Chicago, Illinois ICU University of Chicago, Chicago, Illinois InU Indiana University, Bloomington, Indiana KyLxT Transylvania University, Lexington, Kentucky KyU University of Kentucky, Lexington, Kentucky MH Harvard University, Cambridge, Massachusetts MHi Massachusetts Historical Society, Boston, Massachusetts MiD-B Detroit Public Library, Burton Historical Collection, Detroit, Michigan l\foSHi Missouri Historical Society, St. Louis, Missouri Ms-Ar State Department of Archives and History, Jackson, Mississippi :;\1\VA American Antiquarian Society, Worchester, Massachusetts NBuHi Buffalo Historical Society, Buffalo, New York 0/Hi New York Historical Society, New York City 0/IC Cornell University, Ithaca, New York NN New York Public Library, New York City NNPM Pierpont Morgan Library, New York City NeD Duke University, Durham, North Carolina NhD Dartmouth College, Hanover, New Hampshire NjHi New Jersey Historical Society, Newark, New Jersey .'\JjP Princeton University, Princeton, New Jersey OHi Ohio Historical Society, Columbus, Ohio PHi Historical Society of Pennsylvania, Philadelphia, Pennsylvania PPL-R Library Company of Philadelphia, Ridgeway Branch, Philadelphia, Pennsylvania RPB Brown University, Providence, Rhode Island THi Tennessee Historical Society, Nashville, Tennessee Vi Hi Virginia Historical Society, Richmond, Virginia :lhe Papers of HENRY CLAY

INSTRUCTIONS AND DISPATCHES January 1, 1826

From A[LEXANDER] H. EvERETT, Madrid, no. 18. Transmits a translation of a decree for establishing a Council of State; notes "some things ... in the decree and in the composition of the Council which may be construed into indications that the measure has been taken with a view to a more careful consideration of the great question of America"; warns, however, that there is no other evidence of change of policy toward the former Spanish colonies; states that the British Minister (Frederick James Lamb) has not attempted to exert influence in favor of the colonies; reports having read to the Duke del Infantado a letter from New York on the probability of an attack on Cuba by .Mexico and Colombia and having been asked by the Duke, "as he has done before, what security there would be for the possession of Cuba in the event of recognizing the colonies"; remarks on the "exceedingly depressed" state of "The money market . . . in France and England"; and encloses copies of notes addressed by him "to the Ministry" since his last dispatch. LS (with postscript in Everett's hand) . DNA, RG59, Dip. Disp., Spain, vol. 25 (M31, R27). Received March 6. Endorsed by Clay: "To be submitted to the President." Published in American State Papers, Foreign Relations, V, 880-81.

To [Elijah H.] l\1ills 2d. Jan. 1826 Mr. Clays Compliments to Mr Mills and he asks the favor of him to meet a few select friends at Mr. Cs. at dinner on thursday next1 at 5 0 Clock-

AN. ICHi. Addressed: "The Honble Mr. Mills Of the Senate." 1 January 5.

DIPLOMATIC NOTES January 2, 1826

From P[ETER] PEDERSEN, Philadelphia. Expresses satisfaction that the President, in his message to Congress, recommended "the extension of that principle of rec­ iprocity which" Pedersen has proposed as the third article of his "project." Hopes the United States will now "accede to that proposal, by which the prin­ cipal obstacle, on the part of Denmark to a Convention between her and the United States would be overcome." Pedersen has no instructions respecting other points stated in Clay's letter of November 7 and hopes they may be postponed for future negotiation. States that Clay's reply to this letter will determine whether the negotiation shall be resumed now or postponed until Pedersen's instructions arrive. ALS, in French. DNA, RG59, Notes from Danish Legation, vol. I (M53, Rl). On the President's recommendation for liberalizing foreign trade restrictions, see above, Clay to Lederer, December 20, 1825, note. 2 SECRETARY OF STATE

From HILARIO DE RIVAS Y SALMON, Philadelphia. States that he has sent to his goyermnent a copy of Clay's note of December 15; expresses gratification in regard to the prompt attention to his notes of September 22 and November 29. ALS, in Spanish, with translation in State Department file. DNA, RG59, Notes from Spanish Legation, vol. 8 (M59, Rll) .

INSTRUCTIONS AND DISPATCHES January 2, 1826

From HENRY J\IIDDLETON, St. Petersburg, no. 54. Refers to his dispatch of De­ cember 14(26, 1825, describes the mutiny of soldiers in St. Petersburg, and encloses documents relating to this event. ALS. DNA, RG59, Dip. Disp., Russia, vol. 10 (J\135, RIO). Dated December 21, 1825/January 2, 1826. Received April 9. The enclosures, as distributed to the diplomatic corps on December 16 (i.e., December 28) , provide an official description of the insurrection. iVIlSCFLLANEOUS LETTERS January 2, 1826

To DAviD :\I [i.e., B]. OGDEN, New York. States, in reply to Ogden's letter of De­ cember 29 (not found), that the case of the Calypso "has already formed the subject of correspondence" with the French :\1linister (the Baron de :\Iareuil), "with the result of which your Constituents will no doubt be made ac­ quainted by that Minister in due season." Copy. DNA, RG59, Dom. Letters, vol. 21, p. 235 (M40, Rl9). Cf. above, l\Iareuil to Clay, May 6, 1825; Clay to 1\Iareuil, May 13, November 9, 1825. Ogden was serving as agent for LeRoy, Bayard, and Company, who held power of attorney to act for the French owners of the Calypso.

From C[HARLES] S[rEWART] DAVEIS, Portland (Maine). Requests that an en­ closure be forwarded to (Alexander H.) Everett, from whom he has received a letter through the same medium, and enquires whether he may continue to send letters to Everett through the State DepartmenL ALS. DNA, RG59, Misc. Letters (l\1179, R64). Daveis was an eminent lawyer, notable in chancery prac­ tice. In an undated letter, recorded between others of January 9, Daniel Brent, at Clay's direction, replied that Daveis' letter had been forwarded alHl that the Department would "take pleasure in charging itself with the transmission of any future ones of moderate size" which he might "have occasion to send to the same Gentleman." Copy. DNA, RC59, Dom. Letters, vol. 21, pp. 241-42 (M40, Rl9). Cf. above, Clay to Woodward, December 12, 1825.

From R[oBERT] R. HENRY, New York. States that he wrote Clay December 12, 1825 (letter not found), enclosing documents relative to fraud at St. Mary's, but has had no acknowledgment of the receipt of his letter; adds that "President Adams friends" expect removal of (Archibald) Clark; requests an official notice informing him whether or not "the Package" reached the State Department. ALS. DNA, RG59, l\Iisc. Letters (Ml79, R64). Cf. above, III, 571; Henry to Clay, April 6, 1825.

APPLICATIONS) RECOMMENDATIONS January 2, 1826

JOHN O'FALLON, St. Louis, recommends for appointment to the "office of Register at Franklin Missouri," Hampton L. Boon, formerly of Kentucky, now living near Fra11klin. ALS. DNA, RG59, A. and R. (MRI). Boon, a Methodist minister and jANUARY 3, 1826 3 a merchant, had settled in Howard County, Missouri, in 1820. He received no appointment from the Adams administration but was named to the office above requested in January, 1830, and retained it until 1842, when he moved to Jefferson City to become clerk of the State supreme court.

DIPLOMATIC NOTES January 3, 1826

To the BARON DE MAREUIL. Acknowledges receipt of a note from Mareuil on the preceding day; states that the President would have been happy to receive the French Legation with the other callers at that time, New Year's Day having fallen on Sunday; expresses regret "if any cause existed, which ... preyented their attendance"; and, while assuring him of the President's appreciation of "the compliment," declines his request. Copy. DNA, RG59, Notes to Foreign Legations, vol. 3, p. 248 (M38, R3) . ALI, in CSmH. Mareuil's note, dated January 2, had requested an appointment to pay his respects to the President at the beginning of the new year. LS. DNA, RG59, Notes from French Legation, vol. 9 (l\153, R7). ALI draft, in CSmH.

MISCELLANEOUS LETTERS January 3, 1826

To H[urcmNs] G. BuRTON, Raleigh, North Carolina. States, in reply to Burton's letter of December 29, that Peter Lanman, of New York, was appointed consul at Kingston, Jamaica, on February 10, 1824; notes that "there is reason to be­ lieve that Mr. Lanman has been very little at his post.... " Copy. DNA, RG59, Dom. Letters, vol. 21, p. 236 (M40, Rl9). Lanman, not further identified. A replacement was not named until 1831.

From JoHN FoRSYTH. Requests, for "the Committee of Foreign Relations of the H. of R.," information relative to an enclosed resolution. ALS. DNA, RG59, Misc. Letters (Ml79, R64). In the enclosure, dated January 3, the House in­ structs its committee "to inquire into the expediency of making provision by law for the more complete execution of the 6th Article of the Convention with France of 24th of June, 1822, touching the delivery of deserters." Cf. above, Mareuil to Clay, October 4, November 16, December 24, 1825; Clay to Mareuil, November 7, December 19, 1825; below, Clay to Forsyth, January 5, 1826.

From THOMAS MILLER, vVashington. Requests that (Thomas M.) Bailey, now in "\'\Tashington, be detained until claimants under the St. Petersburg Convention can "have the benefit of his testimony when the board of Commrs. meet." ALS. DNA, RG.?9, Misc. Letters (lVJl79, R64). See above, Miller to Clay, November 19, 1825, note. From NATHANIEL F. WILLIAMS, Baltimore. States, "at the request of Mr. [Isaac] Munroe Editor of the [Baltimore] 'Patriot,' " a wish, if not in violation of the rules of Clay's office, to see "a copy of the letter Signed by a part of the Delegates in Congress from J\laryland,'' recommending the (Baltimore) American to publish the laws. ALS. DNA, RG59, P. and D. of L. Cf. below, Clay to Mitchell, January 17, 1826.

APPLICATIONS, RECOMJ\IENDATIONS January 3, 1826

J[EREMIAH] CuYLER, Savannah, recommends (Robert M.) Goodwin for ap­ pointment as United States marshal for the District of Georgia. ALS. DNA, 4 SECRETARY OF STATE RG59, A. and R. (MR2) . Cuyler, born in Georgia, was judge for the District of Georgia for some fifteen years from 1822. On the recommended appoint­ ment, see above, .Goodwin to Clay, November 7, 1825, note.

From Francis P. Blair My Dear Sir Frankfort January 4 1826. I am very much obliged to you for your letter of the last month1- Your letters are always exceedingly welcome to me, notwithstanding the oblique look you occasionally take at my state politics- I am glad to find however that you justify on the principles of a "man of honor" the stand which I have taken from regard to my party- I assure you, 'though I fear very few will beleive [sic] me that I was desirous that the agitating question should be settled even at the expence of my Oflice- When the compromise was proposed I went to Crittenden & told him expressly that if no terms could induce Swigert to yeild [sic], that I would myself give way2 & that he might assure the House no difficulty would exist as to the Clerks if the ques­ tion of the Judges were settled on fair &: reciprocal Terms- It was expressly declared in the Senate at my request- Both Crittenden & Logan3 I am persuaded were sincerely in favor of a compromise -but the violent were desirous of prolonging the contest in the hope of obtaining as a party a complete ascendancy- Crittenden was to have introduced the Bill in the House of Reps. the very day Pope introduced it in the senate4 & got me to go around to the new court members of the senate to prolong the session to afford the opp'y. to carry the Bill which he would have introduced but for the fight between Haskin & Hardin5- He told me then the temper of the House would not bear it & that he would take up Pope's Bill- The result you know- Do you not concur with Crittenden & Logan in the wish to see this question Settled by the introduction of indi­ viduals mutually chosen by the two contending parties & have thus established a New Tribunal which would unite in it the confidence of both? "It would give me the greatest satisfaction to find myself laboring to produce a result which should meet your approbation-" I can see no good result in maintaining a most painful contest, degrading to the state & ruinous to individuals to settle an abstract principle- The opinions of individuals will not be changed by any act o[ the Legislature on this subject & we know from experience that Legislative precedents on constitutional points have no obli­ gation- The constitutionality question about the Bank of the U.S. has received a different decision from every successive congress which has acted on it-the fnecedenl decision being uniformly re­ versed- The people therefore who come after us, will read the JANUARY 4, 1826 5 constitution for themselves & will I have no doubt decide the ques­ tion when-ever it again arises according to what they may then determine & not as may be determined now- The old Judges I think ought not to hold out with a view to a Legislative decision & keep the country in an uproar of angry passions to settle the prin­ ciple- They have themselves shown how little value they set on Legislative precedents, by overuling [sic J the decisions of all the Legislatures (in the Replevin cases) 6 which have grown up under the uninterrupted acts of almost all the American Assemblies, with the sanction of nearly half a century- And surely the stations are not worth contending for on the score of emolument- No matter which side succeeds the salary will be reduced to $1200 or 1000- It would be surely better to give general satisfaction to all sides by balancing the scales of Justice between parties litigant, than for either side to gain a decided preponderance- ! do not well see how you can be against a compromise- You compromised the Missouri question7- Our union itself is the happy issue of compromise. The parties here can readily compromise without any great sacrifice of individual Interests-without any sacrifice of principle- IE you could veiw [sic J it in this light; as it respects your own great objects, I am satisfied that peace here would at least facilitate your movement- Your friends are among the great body of the people-they must & can only be relied on by you-& can be safely confided in I think. The great Men in this country are not your friends- Mean envy makes them otherwise- Begin at Louisville the PofJes8 there,- in Nelson the Wickliffes & Hardin9 (the basest men on earth)- In vVashington10 the combined interests of popes \Vickliffes & Hardin's [sic] In Licoln [sic] & Garrard Green & McKey11 perfectly hollow- The Marshalls,12 every where- These are the powerful old court men & all in heart against yon- Of my side of the house the leaders are pretty much the same way I must confess- But on neither side can the people be led to take part against you, unless by the violence of party conflict in the state struggle one part should be induced to hold out a hand to old Jackson & assume the [mi]litary cockade to wage the war more successfully- The [courjsc which Mr Crittenden's Resolution took approving the conduct of the Kentucky delegation in congress manifested the apprehension felt, that a vote on the subject would shake the equipoise of State politics by the introduction of the presidential question13 Some on both sides would have voted against it- B Hardin was preparing a labored speech against Crit­ tendent on the subject I am sensible that unless your views would enable you to adjust this question by compromise without affecting principle that nothing could induce you to countenance it-but 6 SECRETARY OF STATE that obstacle removed, it seems to me that good feeling & every consideration ol public convenience are in its favor- I acquiesce entirely in your opinions about my prospects m Florida14- I feel that they are true- I have always been afraid to trust myself-but my wife has so much ambition that nothing will do, but a new State where if necessity does not compel me to !-,'Teat efforts-& give me better fortune, she insists that we cannot be worsted For my part I am satisfied with my fate & although I fear you consider me a factious politician, I can assure you I am a con­ tented man- Poor Logan of Shelby is at the point of death15- I feel greatly distressed for him- Judge Todd16 is mending somewhat- Give my respects to Mrs. Clay- I miss very much my grateful trips from Lexington to Ashland- Mrs Blair rejoices at your restoration to health & if you will measure love by the length of a letter, you see there is no limit to mine but the nature of things- Yo friend sincerly [sic] F.P.BLAIR

ALS. DLC-HC (D"'A, M212, R:Z). Addressed to Clay. 1 "'ot found. 2 Cf. above, Blair to Clay, "!ovember 28, 1825. 3 John J. Crittenden; John Logan. 4 John Pope. See above, Kendall to Clay, December 25, 1825, note. 5 Cf. above, Blair to Clay, November 28, 1825; Kendall to Clay, December 2iJ, 1825, note. Instead of the compromise, Crittenden, as chairman of the house Committee on Courts of Justice, had presented a series of resolutions stating that the last legislature had lacked the power to abolish or reorganize the court of appeals and that such an exercise of power was "unconstitutional, and tends toward despotism." These resolu­ tions had been adopted by the house of representatives, with Joseph Haskin and Benjamin Hardin voting on opposite sides of the division. The issue marked one of the main bases of disagreement between the two houses on the proposed compromise, the house insisting that the legislature lacked authority "to reorganize the Judges of the Court of Appeals out of office ...." Ky. H. of Reps., Journal, 1825, pp. 436-38, 440-42. As an aftermath of the controversial debates, Haskin had attacked Hardin with a bludgeon, inflicting personal injury, an episode which gave rise to the doggerel: "A hickory stick and a Haskins [sic] lad, They make the old tom-cat so mad." Quoted in Lucius P. Little, Ben Hardin: His Times and ConternjJoraries, with Selec­ tions from His Speeches (Louisville, 1887), p. 136. 6 See above, III, 305n, 556n. 7 See above, II, 788; III, 26-29 et passim. 8 .John, Worden, Alexander, and William Pope. Alexander and 'Villiam were brothers of John, cousins of Worden. Alexander had served as a member of the Ken­ tucky Legislature from 1818 to 1823: he died at the end of November, 1826. 9 Charles A., Robert, 1\'athaniel, and Martin (\lorton) H. \Vickliffe, brothers; Ben­ jamin Hardin, their cousin. Nathaniel and Martin H. Wickliffe were extensive merchants from 1804 to 1827, when their firm went bankrupt. Martin H. died within a few years thereafter (by 1832), but Nathaniel remained active in public life. From 1825 to December, 1827, he was publisher of the Bardstown Western Herald; he studied law and, in 1833, was admitted to the bar; and from 1830 to 1851 he served as clerk of Nelson County court. 10 County, Kentucky. 11 John Green (cited above, III, 344n, as "the Younger"), a lawyer, judge, and member of the Kentucky House of Representatives (1818, 1820-1822, 1824, 1825, 1832) and of the Kentucky Senate (1826-1829); Samuel McKee. 12 Humphrey, John J. \Iarshall. 13 See above, Crittenden to Clay, December 26, 1825. 14 Cf. above, Blair to Clay, November 28, 1825. 15 John Logan died January 6, 1826. 16 Thomas Todd.