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Though he was best known as a politician, Henry Clay (1777-1852) maintained an active legal practice for more than fifty years. He was a leading contributor both to the early development of the U.S. legal system and to the interaction between law and politics in pre-Civil War America. During the years of Clay's practice, modern American law was taking shape, building on the English experience but working out the new rules and precedents that a changing and growing society required. Clay specialized in property law, a natural choice at a time of entangled land claims, ill-defined boundaries, and inadequate state and federal procedures. He argued many precedent-setting cases, some of them before the U.S. Supreme Court. Maurice Baxter contends that Clay's extensive legal work in this area greatly influenced his political stances on various land policy issues. During Clay's lifetime, property law also included questions pertaining to slavery. With Daniel Webster, he handled a very significant constitutional case concerning the interstate slave trade. Baxter provides an overview of the federal and state court systems of Clay's time. After addressing Clay's early legal career, he focuses on Clay's interest in banking issues, land-related economic matters, and the slave trade. The portrait of Clay that emerges from this inquiry shows a skilled lawyer who was deeply involved with the central legal and economic issues of his day.
This detailed study of Henry Clay and the American System -- a program of vigorous economic nationalism dependent on active government and constitutional aspects of what was perhaps Clay's greatest contribution to national policy, a contribution that has received surprisingly little study until now. During the first half of the nineteenth century the new United States experienced rapid material growth, transforming a largely agrarian, pre-modern economy into a diversified, industrializing one. As Speaker of the House in the years following the War of 1812, and later as founder of the Whig party, Clay argued strongly for the development of a home market for domestic goods so that Americans would not be dependent on foreign imports. This "American System" was originally little more than a protective tariff on foreign goods, but it soon came to encompass a collection of policies that included a national banking system and distribution of federal funds to improve transportation. Baxter reveals the inner workings of Clay's program and offers the first careful analysis of its successes and failures. This lively and incisive account will appeal to anyone interested in American history and the processes that shaped modern America
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