Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1844-07-11

the head OF the tabInet, the soul OF tc ACunnIstra-
tom, aud IN that position was attempting 10 deter
members of Congress from commenting ON the means
by which he had acquired power through fear Of the
pistol!
Surely such a man cannot be a suitable candidate
Tor "a m'r-iorlag and nl-a5iiing party ;"
In ISIS, Mr.. Clav's particular friend. w. J. Graves
bore a challenge from James Watson Webb to Mr..
Cllley, for word, spoken in deba;e. b. which Ar.
Graves violated the constitution. the laws Of his ofii-
cal oath. When Mr.. CIlley refused to accept the
challenge. Mr. Graves went to Mr.. Clay for advice.
Did Mr.. Clay advise him to drop the matter, "a the
leader of IA idr-loriRg and dlr-dJjding party"
should! Not at all. Though Ar. Cillcy's reasons
for not receiving Wobb's challenge, were, as Mr..
Clay himself said, "perjecty satisfactory and such as
10 Gbsotre him Graves from aH obligation 10 pursue
the Gldir tartter,' vet he advised Graves to insist on
having them in writing. requiring Mr.. Cilley to state
that he considered Webb a gentleman. That. as Il
CONSCIENTIOUS man, he could not do; and because he
would not concede what he believed to lie false,
Graves, acting under Dlr. Clay's advice, challenged
and i:Ued him!
Mr.. Cisv drew the form Of the challenge. was adj
vis.d with upon the terms, and when applied to for
the purpose of getting his aid in procuring the inter-
ference of the police, ~po>i'say refused. lie has since
SAID in a letter to Mr.. Wise. ''be;nS Tie Jrtepd Of lh.
GrareS, / could not inroke he onthora3 " Ire police
To prercnt the du4."
In this affair, therefore. Mr.. Clay is Graves's accom-
plice III the murder Of Cilley, more guilty than has
young friend, who acting under his advice held the
deadly rifle.
In consequence Of this outrage. Congress took up
the >ubjocta and passed an Act. approved February 10Th,
1888, TO prohibit the giving or accepting. within the
District Of Columbia, of a challenge to fight a duel,
and for the punishment thereof The first section
Of this act dooms to the Penitentiary for a term not
exceeding Ten YEARS, any one who VIII give or
bear a challenge or acceptance to fight a duel. in case
one of the parties be slam or MORALLY wounded.
The second Section Furnishes the mere giving, car
rVInr ~ accppfInp a CHALLENGE. whether death ppSup
or not, with five years IN the PenItcntIarv.
The third Section Furnishes the assaultIng or post
ing of any one for not accepting a challenge, with
three years in the penitcntiary.
The fourth Section Furnishes the leaving of the
District with intention to give or to receive "A clal-
lengc in case IT be actually gwen and received, in the
same Inanncr as If given or received in the District
the hfth and sixth Sections prevent Il second trial
f1r the same offence. and make any of the parties I'M
pllcated witnesses against the rest.
1t was the melancholy termination of the Cilev
duel under Mr.. Claws advice, which Produced tie pas
sage OF tins act. Neither the ordiearg lar of mpr-
der. nor ~reietous ar moroi priuciple, nor constitution
nor o1ttS. could restrain Henry Clay and his associ-
aicS from tins bloody practice. and Congress thought
proper to try the pcnitcntiary upon these I" mcu 81
hOpOr.'
Who voted for this law In the Senate Journal of
l-3--'o, page 2:S3 VIII be found the Yeas and Nays
ON It's passage as follows. VIZ:
lEss-Messrs. Allen. Benton. buchanan, CLAY OF
KENTUCKY. Davis, Foster, Fulton. Hubbard, Linn,
L%umpkln, Mckern, Morris, Mouton, Niles, Pierce, Prem
tiss. Robbins. Robertson. Ruggles, ~mith Of Connecticut,
smith of Indiana, Sutherland, Swift. Tallmadsc, Upton
w hlte, W llliams of Maine. Y~oUng-2a
NAYs-Mes~rs. Brown. Clay of Alabama, kIng, Mich
olas, Preston, Hoane, Williams of M.ssissppi-7.
HENRY CLAY Is aiming The Vas. Yes. this
man voted that h. d,serr,d 10 be IN he Peniicai iarY!
He had once accepted a challenge and twice been the
challenger. He voted TO send others 10 tire pcniten-
tary Tor the same acts. If they deserved the penn
Tertiary for those acts. So did h.. Or does Henry
Clay consider himself above the laws hc makes for
others
Who was the first to rush into a violation Of the
law Tor which Henry Clay voted II woS HENRY
l. himset. At the called Session If the Son
ate. IN March. ISL. this .law-loving and lav-abid-
ing' Wing, proposed 10 break. and did break. a con-
tract lalcia1y mat' with Me,srS. Blair and Rive, for
the printing of the Senate. In the discussion he
made a violent attack on the character Of MIR. Biair
IN rcply Ia winch. Mr.. kng expressed the opnion.
that Mr.. Elair'> character would compare fiKorallv
with that of h> a>>ailanfS. even with that If Mr..
Clay himself. Nhcrcupon MIR. clay pronounced what
Air. hing had >ald. "a NfldrrouS. bts false and coH-
Wdg decafot'on. and te >o,mor joo-S H." Tha;
this gross insult was dijbc~qtc. Ar. Clay afterwards
admitted. and that II was intended To provoke Il clal-
lcngc. was ohvlor> 81 every body and Ia> never lccn
doubted or denied. 1t was stated 1T the time and
never coniradctcd. dat when air. Clay saw Senator
Linn approaching HIM after comforting with Mr. hing.
surprising linn to lie the bearer Of a challenge. lie
sad. ~ accept. I ~ccccpf." Dr. Linn. however, bore
no challenge. h> mission bcing one of peace: bat n
the eve of Heaven. Mr.. Clay had already comin tied
tie crime which H. hjEiscf voted to be d,NrJip4 a.
confinement 10 har9 iobor ~ ne g,njt1itiarg
To prevent this leader If q " loW-loling and law
abiding party" from committing further ouirac,>. to
wa~ arrested by the police If tie District. and iut
under bonds as follows. VIZ.
tn,fed Stafes Of .lmcr,ca, }
DI>rRIcr OF CoIt NBI,. ~
he II remembered that On the tenth day of March. IN
tie Near eighteen hundred and foriv-ono. before ~. iw,
OF the Justices Of the Peace Tor the county Of Washing
ton, of the D>trici of Columbia. personally appeared
Henry CLAY and Willis Green. aud sevcrallv aekuowl
edged themselves 10 owe the United States Of America
that l. 10 say. the said Henry Cla, Five Thousand Dol
lars. and ,he said iil- Greer FIVE Thousand Dollars
each To be respectively levied of their bodies. goods. ana
chatiie>. lands aud ienemcuis. 10 and for the use of TIA,
said tniied States. # the SAID Henry Clay shall make de-
fault in the performance of tie conditions uiderNutien
The conditions of the above recognlzanco J. such. tha'
If the above named Henry Clay shall keep the peace u
the [ niled States towards all persons, AVID PARTICULAR,
tow ards William X king. then tins recognizance shal
be void, otherwise of full force and virtue IN Law.
Acknowledged before Us.
x Il NoR>lI. J I.
4 true copy. W. THOMPSON, } =.
Attest W. BRENT, elk.
Suppose Henry Clay had been Permitted to have HI
: own way in that matter;
t Supro>e lie had accepted a challenge from Mr.. KIM
e and Killed him in a duel:
What would have been MS present condition.
o. Tp-.o,i - brt,r a II. ~ dot e 80 1,v.- l.vtrr IN.