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English Pages 415 Year 1849
,
M
E
M
I
K
S
OF
THE LIFE OF
WILLIAM W ATTORNEY
GE>-ERAr. OF
B
JOHN
IN
P.
R T
I
THK (NITKU STATES.
V
KENNEDY
TWO VOLUMES. VOL. L
PHILADELPHIA:
LEA AND
B L A 1849.
NCHAR
I
>
EsTEEED, according
to the
Art of Congress,
in the year 1.S49,
by
LEA AND BLANCHARD, n the Clerk's Office of the District Court
PRINTED BY
for the
J.
P.
Eastern District of Pennsylvania.
TOV,
TO THE
YOUNG MEN OF THE UNITED STATES,
WHO SEEK FOR
GU^DA^fCE TO AN
HONORABLE FAME,
THE SE MEMOIRS ARE RESPECTFULLY INSCRIBED,
THE AUTHOR. Baltimore, April
VOL.
1
12, 1349.
— 1*
CONTENTS
VOL.
I
13
Introduction
CHAPTER Parentage of William
I.
Wirt.— His Birth.— Will
of Jacob
Wirt.— Patri-
— Autobiographical Memoir of Ten Years. — BlaJensburg. —The Schoolmaster. — and Aunt. — A Thunderstorm. —Old Inhabitants of Bladensburg. —The Dancing Master. —A Ghost Story. — Performance on the Slack Wire. — Lee's Legion. —The Young Drummer. —Mr. Rogers' School Georgetown. — Mrs. Schoollield. —Mrs. Love and her Family. — Rural Life and Images. — Mr. Dent's School, Charles County. — Alexander CampPeace. — Day Dreams. —Colonel Lee. — Mr. Hunt's School The — ... 15 Montgomery.— Early Acquaintances. —Music. —A Fox Hunt. mony.
INIother
in
its
in
bell.
CHAPTER
—His —Sketches by
—Wholesome Influence of Mr. —Verse Making. —First Literary Consequences. —A School a Prose Satire on the Usher. — —A Victory. —Visit the Court House of Montgomery. —Mr. Dor—The Moot Court. — Constitution. —School Exercises. ... 41
Imaginative Temperament.
Hunt.
—His
Library.
Studies.
Cruse.
dent.
to
Its
CHAPTER Friends.
— Peter
A. Carnes.
Becomes a Tutor Time.
—
Studies.
Law with W. Is
Inci-
Its
Effort,
sey.
II.
—
P.
in
to Georgia.
—Removes
to
—Niuian Edwards. —Useful Employment of
Edwards.
Mr. Edwards' Family,
Journey
Hunt.
—Benjamin
III.
his
—Returns Montgomery and Studies Virginia. — Studies with Mr. Swann. to
admitted to Practise by the Culpepper Court
CHAPTER
49
IV.
— Attending —First Case.— —Habits —A Triumph.—His Companionable Albemarle Study. —Practises His Library.
Difficulties
it.
(lualites.
Friend.
in
Is
assisted
by a
of Desultory
57
— — CONTENTS
S
CHAPTER Albemarle Friends.— Dr. C4ilmer.—Mr.
V. Jefferson^,
Mr. Madison and Mr.
Monroe.—James Barbour.—Marries Mildred Gilmer.— Pen Park.—Dr. Gilmer's Library. Hospitality of the Country. Dangers to which he was
—
—
exposed.-Character of the Bar.—His Popularity and Free Habits.—Francis Walker Gilmer.—Thomas W. Gilmer, late Secretary of the Navy.—Dabney Carr and His Family.— Anecdote of Barbour, Carr and Wirt.— State of
Flu.—Death
of Dr.
Gilmer.— Rose Hill.—Letter
to
63
Carr
CHAPTER VL Happy
Life at
Pen Park.—Misfortune.—Death of
his
Wife.—Religious
—Elected Clerk the Remove Impressions. — Determines House of Delegates. —New Acquaintances. —Patrick Henry. —Resolutions of —Temptations two succeeding Ninety-Eight. —Re-elected Clerk a Libel under the Sedition Law. of Callender Free Living. — Wirt, Hay and Nicholas defend Him. — Course of the Trial.— A Singular —Fourth of July Oration. —Embar—Judge Chase. — Richmond.
to
to
Sessions.
at
for
^Trial
to
to
Nullification.
Incident.
rassed Elocution
"ii
CHAPTER Vn.
—Value of Appointment. —Reasons —Courtship. — A Theatrical —Second Marriage. —Removes Williamsburg. —Letters Carr. Norfolk. .... go 87 Resigns the Chancellorship and determines Elected to the Post of Chancellor.
for
Accepting
it.
— Col.
this
Robert Gamble.
Inci-
to
to
dent.
to
to
CHAPTER
VIII.
—Professional Success. —Letter Pope. — Birth of Eldest Child. — Religious Sentiments. — Trial of Shannon. — Singular Case of CirNorfolk 101 Residence cumstantial Evidence. — Removes Commences
Comments on
Practice in Norfolk. the Parsimony
to
of Judicial Salaries.
to
his
CHAPTER The
British Spy.
—Enemies made
by
it.
IX.
—
Letters to Carr, with
ecdotes connected with the Publication of the Spy.
^Vork
his
—His
some An-
Opinion of that 109
CONTENTS.
CHAPTER Success St.
X.
—Project of a Biographical Work.— Patrick Henry. Gentleman. —The Rainbow. — Letter —Letter
at Norfolk.
George Tucker.
to
this
Edwards
to
124
CHAPTER XL Increasing Reputation. to
Richmond.
— Dislike of Criminal
—An Old Fashioned Wedding
Trials.
—Meditates —
Williamsburg.
at
a Return
Letters.
Distaste for Political Life
— 140
CHAPTER XIL
—A
—Defence —Chancellor Wythe.—Judge Cabell.—Letter Mrs. W. on Swinney's Case. —Fondness Music. —Letter F. W. Gilmer. — RecollecRemoves
Richmond.
to
Case of Conscience.
Professional
of Swinney.
to
for
tions of
to
Pen Park,
150
CHAPTER Aaron Burr brought
to
—Indicted Treason. — Wirt retained —The —Some of Incidents. —The
Richmond.
as Counsel by the Government.
Asperity of Counsel.
XIIL for
Trial.
its
—Extracts of the Argument CHAPTER
161
XIV.
—The Principal Argument the Case.— Notices of —Mr. Mercer's Testimony. — His Description of BlanuerResidence. —Other Incidents of the Trial 177
Burr's Trial Continued.
Wirt's Share in hasset's
in
it.
CHAPTER
XV.
—Expec— Wirt Projects regard —The
Public Agitation.—The Affair of the Leopard and Chesapeake. tation of
War.
—Fourth
the Raising of a Legion. Project
meets
Embargo
of July.
—Letter
to
Judge Tucker.
—Correspondence with
Opposition.
—
-Finally >
Carr in
Abandoned.
— War
to
it.
Arrested.
—The 207
— CONTENTS
10
CHAPTER
XVI.
Increasing Reputation.—Mr. Jefferson Proposes to
gress.— He
Declines.— Determines
to
Adliere
Mr. Madison Against the Protest.— Letters of pectedly put in Nomination
—Letters
to
"One
of the
Legislature.—Letter
to
go
Con-
into
to
People."—UnexMrs.
W.
on
this
Elected.— Correspondence with Mr. Mon-
Carr and Edwards
226
CHAPTER His Service
him
Profession.— He Defends
to it.— Is
Event.— His Repugnance roe.
for the
to his
in the
XVII.
Legislature.—Preference for Private Life.— Letters
to
Edwards.— Literary Dreams.-Acrimony of Party PoUtics.— Education.— 259 Misgivings in regard to the Government
CHAPTER the purpose of Writing the
Resumes
Consults Mr. Jefferson on Oratory.
—The
The Old
XVIII.
Sentinel.
Bachelor.
Biography of Patrick Henry.—
Subject.— Letters
this
—Letter
to
B. Edwards.
—Letters Concerning
275
XIX.
it.— Character of the Work.— Amusing
Correspondence between Wirt and Carr in Reference
—His
to
it.— Carr 's Promo-
—Wirt Spoken Employed by Mr. Daughter.— Letter — Thoughts upon reference Mr. with Correspondence the Batture Case. —
tion to the of.
Carr.—New England
it
CHAPTER The Old Bachelor.— Contributors to
to
—Death of Col. Gamble.
Bench. —The
post of Attorney General Vacant. to his
it.
J. in
Jefferson in
Duane.— Mr. Madison and Mr,
to
-295
Gallatin
CHAPTER XX.
—Wirt Declines a Commission the Army. Volunteer Soldiery. — Life of Henry. — Burning of the Richmond Theatre. Winchester. Governor Smith. — Carr Appointed Chancellor,and Removes Write a Comedy. —Judge Tucker's Opinion him. — W. Attempts Letters of the Influence of such Literature on Professional Character. — Difficulty of Comedy. — Professional Dignity. — Richmond Bar. — Anecdote of a Trial Carr. —Tired between Wickhara and Hay. — Epigram. — Warden. — Letter Subof the Old Bachelor. — Biography. — Letter from Judge Tucker on The War.
—
Its
in
Excitements.
to
to
to
to
this
CONTENTS. ject.
—Incidents of the
War.
— British
Corps of Flying Artillery.— Letter a Student of
Law.
to
—Letter of Advice
Ascend Mrs. to
11 City Point.
to
W.—To
—Wirt Raises a
Dabney Carr.— Gilmer, 333
him
CHAPTER XXL Carr. — To Mr. Lomax. —Prosperous Condition.— —Views of the War.—Extravagant Opinions. — Letter Washing— Gilmer. — Campaigning. — Insubordination of the —Madison.—Webster. —Congress. —Unfavorable Aspect of Public Aversion —Engagement the Supreme Court. — PostLetters to
Contentment.
to
Opinion of Cicero.
Militia.
Visit to
Affairs.
ton.
in
Life.
to
365
poned
CHAPTER
XXII.
Attend the Court. — Returns. — Peace Restored by the —Letter Gilmer. —Resumes the Biography of Henry. of Work. —Scantiness of Material.—The Author weary of Letter Carr on the Subject. — Dabney Carr the Elder. —The Origin of the Continental Congress. — Peter Carr. — Letters Carr and Gilmer. — George Hay Resigns the Post of Attorney. — Wirt Recommends Upshur the President. — Moderation of Pohtical Feeling. — Mr. Madison Appoints Wirt — Correspondence Reference Appointment. Makes Debut in the Supreme Court. — Encounters Pinkney. — His Opinion of Pinkney. —Letter Gilmer. — Letter Carr on "The Path of Pleasure," and Opinion of Dramatic Attempt. — Correspondence with Mr.^ Jefferson on the Subject of the Biography. — Letter Richard
Washington
Visits
Treaty of Ghent. Difficulties
to
to
this
it.
to
to
District
to
the Office.
to
in
to this
his
to
his
to
this
to
Morris
384
INTRODUCTION.
A
NARRATIVE of
the
life
of
William Wirt
will present us
the career of one who, springing from an humble origin, was enabled to attain to high distinction amongst his countr5'men.
Whether
the incidents of that career are sufficiently striking to
communicate any high degree of
interest
to his biography, the
reader will determine for himself in the perusal of these pages. Mr, Wirt's life was, in great part, that of a student. His youth-
days were passed in preparation for his profession. His manOld age found him hood was engrossed by forensic labors. crowned with the honors of a faithfully earned juridical renown. His social life was one of great delight to his friends. It was embellished with all the graces which a benevolent heart, a playimpart. ful temper and a happy facility of discourse were able to With mankind, beyond the circle of his personal friends, he had ful
Ocno great acquaintance. He was not much of a traveller. was, he life, political of confines the upon touching casionally scantily entitled to
nevertheless, but
For
be called a statesman.
twelve years Attorney General of the United States, and consequently a member of the Cabinet through three Presidential terms, his
participation
government
professional duties of his
beyond the
with
talent and,
To
in
an eager inclination
it,
indulge these
was
affairs
office.
for
went very little had a strong
He
literary enterprise.
the most ardent wish of his
mmd
;
but
the pressure of his
circumstances kept him under a continual
What he
has given to the world, therefore, in this kind,
interdict.
VOL.
1—2
INTRODUCTION.
14
is
small in amount, and given under conditions that should almost The few works which he has left behind, how-
disarm criticism.
ever, will be found to merit, as in his lifetime they received, the praise due to the productions of an instructive and pleasant writer. life confined to the pursuits indicated in this sketch, may not
A
be expected to charm the reader by the significance of its events. life of It is much more a life of reflection than of action; more a character than of incident. I have to present to the world a man o-reatly beloved for his social virtues, the illustrations of which are daily fading friends,
away with
now reduced
the fading memories of contemporary
few survivors: a man of who had not the leisure
to a
strong literary ambition, but taste in the indulgence of
renown:
who
which he might have
a public functionary,
was, consequently, but
who had
little
and
attained to high
no relish for
identified
letters
to gratify a
politics,
and
with that public his-
tory which so often imparts the only value to biography a lawyer who, with a full measure of contemporary fame, has left but little :
on record by which the justice of that fame might be estimated. These are the chief impediments to the success of the task
have assumed.
Yet
I
do not fear
that,
from the material
at
I
my
be able to furnish an agreeable image of a man whose character will win the affections of the generation which succeeds him, as it did of those amongst whom he lived. disposal,
I
shall
LIFE OF WILLIAM WIHT.
CHAPTER
I.
1772 — 1783. PARENTAGE OF WILLIAM WIRT.— HIS BIRTH— WILL OF JACOB WIRT— PATRIMONY— AUTOBIOGRAPHICAL MEMOIR OFTEN YEARS BLADENSBURG. —THE SCHOOLMASTER— MOTHER AND AUNT.— A THUNDERSTORM.— OLD INHABITANTS OF BLADENSBURG— THE DANCING MASTER.— A GHOST STORY PERFORMANCE ON THE SLACK WIRE LEE'S LEGION THE YOUNG DRUMMER MR. ROGERS' SCHOOL IN GEORGETOWN.— MRS. SCHOOLFIELD. —MRS. LOVE AND HER FAMILY RURAL LIFE AND ITS IMAGES MR. DENT'S SCHOOL, CHARLES COUNTY.— ALEXANDER CAMPBELL.—THE PEACE— DAY DREAMS— COLONEL LEE.— MR. HUNT'S SCHOOL IN MONTGOMERY.— EARLY ACaUAINTANCES MUSIC A FOX HUNT.
—
— —
—
Those who best remember William Wirt, need not be reminded how distinctively his face and figure suggested his connection with The massive and bold outline of his countethe German race. nance, the clear, kind, blue eye, the light hair falling in crisp and
numerous curls upon a broad forehead, the high arching eyebrow, the large nose and ample chin might recall a resemblance to the His height rather above six feet, his broad portrait of Goethe. shoulders, capacious chest and general fullness of development
were equally characteristic of
his
Teutonic
changing expression of his eye and
lip, at
origin.
The
ever
one moment sobered
with deep thought, and in the next radiant with a rich, lurking, quiet humor that might be seen coming up from the depths of his
traits
in the
—
word was said these were which enlivened whatever might be supposed to be saturnine
heart and provoking a laugh before a
merely national cast of his features.
PARENTAGE AND BIRTH.
16 >
[1772—1783.
—
i
His had
Jacob Wirt, was from Switzerland :* his mother, Jacob, with his brother Jasper Wirt, a German. Bladensburg, in Maryland, sojne years before the
father,
was
Henrietta,
settled in
war of
Jacob had
the Revolution.
whom
three daughters, of
gathered some
property
little
six cliildren, three sons
and
He
had
William was the youngest.
Bladensburg and supported his
in
family there chietly by keeping a tavern, the avails of which,
together with some small rents accruing from a few lots
humble way,
village, enabled him, in an
the
in
comfortable
to maintain a
household.
William was born on the 8th of November,
two years
In less than
after this date,
in the
year 1772.
Jacob Wirt died, leaving a His
small heritage to be divided between his wife and children. will,
which
Avife
Henrietta
on which the ing a
new
on record
is
"one
billiard
half lot of ground in Bladensburg, No. 5,
room
is built,
and on which
I
After her death this lot was to
house."
and to descend to
Prince George's county, assigns to his
in
my
am now
build-
"be appraised
Jacob Wirt, provided he pay out
eldest son,
of the appraised value of said house and half
my
each of
lot, to
other children, one equal part, share and share alike, to wit: to
my
my
daughters Elizabeth, Catharine and Henrietta, and
Uriah-Jasper and William,
—
each and every of which
to
I
sons
give
and bequeath one equal part of the appraised value of the above
The
premises."
will mentions, besides this property,
store in Bladensburg," rented at twenty-five
annum
pounds
"the brick sterling per
—
Cunningham and Co.; and "my tavern in which I now back builcHngs, stables and lot, also the counting
to
reside, with the
house before the tavern door and the smith shop." We have also a reference to two lots of ground in " Hamburg near George-
town," and some personal
This in the
is
summary of
a
year 1774,
left
estate.
all
the worldly goods
to be divided
William attained
his eighth year.
we have enumerated remained The name
of Wiit or Wirtli
is
reader conversant with the history of fate of
Adam
Adrian,
at
his wife
and six
Henrietta Wirt, the mother of the family, died before
children.
*
which Jacob Wirt,
between
Wirtli, the
Baden
deputy
in 1324.
How
in the
much of
the property
family at that period,
familiar to the annals of Switzerland. tlie
baililf
of
Reformation, will rememher
Stammheim, and
his
tlie
two sons,
we The
unhappy John and
PATRIMONY. — AUTOBIOGRAPHY.
CHAP. I]
17
The whole value of these Bladenswe may conjecture, amounted to no great
have no means of knowing.
burg and Hamburg sum,
—
periiaps
Divided, It
it
lots,
more than three or four thousand
not
probable that William was born
is
mentioned
village,
we may
be rented out,
endeavored
of the
in the little hotel
the will; and as this building
in
is
directed to
suppose that the family moved after the
death of Jacob Wirt, to the in vain,
dollars.
afforded but small provision for each of the children.
"new house"
on
No.
lot
from
to ascertain in the village,
5.
I
its
have,
present
inhabitants, the truth of these conjectures or to identify either of
the houses referred
to.
There are but (cw memorials of with but
What
has few chroniclers.
it
the family
lowly roof and frugal board
its
tory of that fireside,
in
is
may
left.
find a
Humble happy
labor
fireside,
accessible to us of the his-
whose rays the infancy of William Wirt
found a cheerful and healthy to a pleasant and playful
we owe
light,
chiefly, almost wholly,
memoir which the subject of
it,
then At-
torney General of the United States, wrote at the request of his children, in 1825, to
easy to discern,
This
little
still
amuse them with recollections which, more delighted himself.
fragment of autobiography runs over the
years of the author's childhood.
it
first
is
ten
homely, warm-hearted remembrance of a simple time, sketched, with a lively pencil, by
one
who
never
lost sight
It is a
zenith of a brilliant fame of his
in the
who watched
obligations to those
his first steps
and protected his
earliest infancy. I
shall extract
from these reminiscences what
I
find useful to
my
present purpose, without venturing to submit the whole to the eye
of the public.
They
dwell upon incidents which, however grateful
in the telling to that afi'ectionate circle to
addressed, and
who
could find
endearment, would, trivial
I
am
in
it
whom
a thousand
the memoir was memories of familv
be considered sometimes too
fearful,
to excite the interest of those
who
are strangers to the
genial spirit and household mirthfulness of the writer.
the extracts
which
I
may
submit,
the too rigid criticism or fastidious
him
to
remember
that
I
must deprecate, on
comment of my
Even
for
this score,
reader,
—
asking-
a father, discoursing to his children as-
sembled around their own hearth, on topics which derive their agreeable savour from their love to him, may claim a dramatic priVOL.
1—2 *
— BLADENSBURG.
18
[1772—1793.
vilege from the critic, to have his performance judged by
its
adap-
and the persons.
tation to tl)e scene, the time, the place
AVith this endeavor to forestall the judgment of the reader,
deed
bespeak
to
his
— towards what
good nature
disclose of the memoir,
I
it is
—
in-
proposed to
would remark, by way of comment on
the greater portion of these extracts, that Mr. Wirt's character
was, to the
latest
period of his
fluence
which
this
life,
He was
vivacity of his imagination.
singularly impressed
by the
greatly sensitive to the in-
predominance of the ideal had
shaping his
in
career, and has endeavored in the memoir, to trace the source of
some
distinctive currents of his life to the impressions
Every one has
his imagination in childhood. in
greater or less degree, and most persons
own
felt
made upon
these influences
may be
able to find in
some particular complexion of mind or form of habit and opinion traceable to such causes. In Mr. Wirt the effect of such influences was visible, in a very striking degree, to his friends. This may, perhaps, appear also to the reader in the
their
history
course of this biography.
Bladensburg has been, for many years past, say, without meaning unfriendly
stagnant
village, well
little
a quiet,
disparagement
known by
its
—
—a
I
may even
drowsy and
position on the
wayside
of a great thoroughfare to the national metropolis, from which is
but a few miles distant.
not only as a neutral
is
decided what the world has chosen to also as the field
when
trement,
it
somewhat famous in our annals, ground where many a personal combat has It
call a point
where higher questions were put
of honor, but
to mortal arbi-
the British army, in 1814, disputed with an Ameri-
can host for the possession of the capital.
For many years
past,
from a date before the commencement of the present century, this village has been not only stationary in its growth, but even falling gradually ])ortion
some
away under
of this period,
half
it
the touch of time.
was enlivened by the
During a great daily transit of
dozen or more mail coaches, plying through
to and from day the silence which was broken by the blowing of horns, tlie
the capital of the United States.
brooded over
its
streets
Twice
a
clamor of stable boys hurrying with fresh relays of horses to the doors of rival stage houses, and by the rattle of rapidly arriving and departing coaches. But even these transient glories have vanished.
The
rail
road,
which touches only on the border of
CHAP.
THE SCHOOLMASTER.
I.]
now
the village, has
19
displaced the old stage coach, and the village
slumbers are no longer broken.
Previous to the Revolutionary war fortune.
It
was
this village
had a
different
little
sea-port,
then a thrifty, business-driving,
which it constituted, was inhabited by some
profitably devoted to the tobacco trade, of at that day, quite an important mart.
who had
wealthy factors
It
planted themselves there in connection
with trans-atlantic houses, and whose mode of living, both in the cliaracter of their dwellings and in the matter of personal display,
communicated a certain show of opulence to the town. Whilst it was yet in its flourishing era, William Wirt was one of the children most familiar to its firesides a lively, shrewd, pleasant-tempered and beautiful boy, upon whom many eyes were
—
turned in kindly regard, though with that risina; fortune to
Touching these days he
shall
His reminiscences begin
when he was
first
little
foresight, perhaps, of
which he was destined. at
now speak
for himself
some three or
sent to school.
It
four years of age,
does not often
fail
that our
strongest recollection of infancy goes back to the schoolmaster,
whose lineaments are
that high authority
the
memory
Who
of childhood.
indelibly
stamped upon
does not remember the
awe and
reverence with which his young imagination invested the peda-
gogue beneath whose sceptre he was
first
taught to bow.''
To
the
who, yet callow, looks tremblingly upon all beyond the roof-tree, the image of the schoolmaster is the embodiment of all child
power and
all
knowledge
— teacher,
sage, seer, magician.
The
trace he leaves of his form and face, his gait, his voice, his vest-
ments, his uprising and a thing of
memory
down
merely,
—
sitting, it is
incoming and outgoing
is
not
an assimilation of something into
our organism, an incorporation of his identity with our own, which
we
perceive as
Our this
we
perceive ourselves some half century back.
present reminiscence, in the memoir, naturally begins with
image.
" The schoolhouse was across of the opposite square.
The
tlie
street at the farther corner
schoolmaster was Elisha Crown, an
Englishman; a middle-sized man, stoop-shouldered, spare, rather He wore a suit of blue
thin-faced and of a dark complexion. cloth, coat, waistcoat
and small clothes, with black horn buttons,
an old-fashioned cock-and-pinch hat, the pinch in front, far pro-
MOTHER AND AUNT.
20 jeded and
[1772—1783.
of silver shoe buckles,
sliarp^ a pair
— and was
a very
This picture may
respectable looking old-fashioned gentleman."
remind us of Ilogartlrs " Politician," with "the pinch" so far projecting that the candle burns a hole through it. " The school was transferred about a mile into the country, on
what was then the road from Bladensburg
to
Georgetown, Mr.
Crown's house being on one side of the road and the schoolhouse on the other
— both of them log
a house built on the
same
site, is
foundation of the old schoolhouse
house belonged to
my
The
houses.
dwelling house, or
now (1825) is
standing, and the
The
visible.
still
uncle Jasper Wirt,
whose
land and
eldest daughter
Mr. Crown had married, and whose dwelling, a single-storied brick house, was not more than a quarter of a mile off, and is also still
standing."
We
pass
now from
the schoolmaster and his concerns, to an in-
cident connected with ])leasant family
dent will illustrate
we have "
My
that
The
minute recollection of this inci-
sensitiveness
imagination
of
to
which
referred.
mother had come over from Bladensburg, one summer
evening, on a visit to her.
My
She was
a tall
join
dwelling of Jasper Wirt, and to a
this
picture.
my
aunt, and after school
aunt dwells upon
and
ratlier
my memory
large-framed
I
in
went down
to
strong colors.
woman, with
a fair
com-
plexion and a round face, that must have been handsome in her
She was
vouth.
a native of Switzerland, and
had
a cast
of cha-
made her worthy of the land of William Tell. A She was full of all the charities and kinder being never lived. courtesies of life, always ready to suggest excuses for the weak-
racter
tliat
nesses and frailties of others, yet without any frailty or weakness
own that I could discover. "She was religious, a great reader of large, old folio German Bible, bound
of her
a
religious books; and had eitlier
black leather, with silver or brass clasps.
in
wood
Often have
I
or hard
seen her
read that book with streaming eyes and a voice half choked with
her feelings. " On the evening that
I
most violent thunderstorms
down
am speaking I
there
My
was one of the
My
aunt got
As the storm increased mother was exceedingly fright-
her Bible and began to read aloud.
she read louder and louder.
of,
have ever witnessed.
CHAP,
ened.
THUNDERSTORM.
A
r.]
She was one of
21
the most tender and afleclionate of beings;
timidity of her sex in an extreme degree,
— and,
indeed, this storm was enoiigli to appal the stoutest heart.
One
but she liad
tlash
tlie
splinter,
which
it
yard and ripped o(F
in the
of lightning struck a tree
drove towards
My
us.
me
llew behind the door and took
remember.
I
never got over
in
My
my
aunt remained
way
no other
This was the
increased energy of her voice. I
mother shrieked aloud,
with her.
firm in her seat and noticed the peal
a large
first
than by the
thunderstorm
mother's contagious terror until
became a man. Even then, and even yet, I am rendered much more uneasy by a thunderstorm than, I believe, I should have been if my mother had, on that occasion, displayed the firmness of my aunt. I could not have been more than five or six years old when this happened. The incident and its effect on me show the I
commanding our
necessity of
fears before our children."
Another incident " On our way home from the schoolhouse road passed by an old
man had been buried who, death by
to
Bladensburg the
on the outer margin of which a negro
field,
was reported, had been whipped to who went to this school
it
Besides the boys,
his master.
from Bladensburg, there were several from the neighborhood, and,
whom
amongst others, one
I
remember only
This boy had one evening been detained
at
as
Zack
school after
of us had gone home, and had to pass the old
Calvert. the rest
all
field after
daylight
—
was gone. The next morning full well do I remember how he made my tlesh creep and my hair rise, by telling us that, in passing the field, the night before, he heard a whip-poor-will, which sate upon the gravestone of the negro, cry out whip him well— whip him well whip him well,' and that he could hear a voice answering from below Oh pray It was the first time that a su'
—
—
!'
'
perstitious emotion entered fully
sublime
it
was.
of terrible pleasure
in
My it
my
I
now
recall
how
heart quaked, and yet there
which
creep with horror to believe
That
—
mind, and
I
it:
cannot define. yet
I
It
dread-
was
a sort
made my blood
would not have had
it
false.
was never afterwards passed at twiliglit without which I, as being youngest, was always behind and con-
terrible field
a race, in
sequently most exposed to the danger and proportionably terrified. I
do not yet hear a whip-poor-will, without some of these mis-
givings of
my
childhood."
— OLD INHABITANTS.
22
[1772—1783.
These are trifles in the review of them, though not without some small interest in connection with the person who has thought them worth recollecting. They call to memory some characteristics
We
which
his personal friends will not fail to recognize.
have some pleasant descriptions of several merchants of
Bladenshurg of the old time "tall, spare old
;
gentleman,
— of Mr. Christopher Lowndes — the in
hlue
broadcloth and
plush, and
—
—
cocked hat" remarkable for his politeness and sauvily of Mr. Robert Dick, the silent, thoughtful man of business, residing in a :
beautiful mansion, " a long white house with wings,
which stood
on the summit of the Eastern Rid2:e which overlooks the town:"
Mr. Sidebotham, a
good
living,
who,
toddy every day
—
We
and kind."
stirring,
busy, successful merchant, rosy from
old fashion of Maryland, had his bowl of
in the
a thorough
John
" proud, rough, absolute
Bull,
Henderson, Mr. Huett and Doctor Ross, Messrs. Campbell and Bruce, factors, with good capital at command. Mr. Ponsonby was one of the magnates of the village, a handsome man, graceful, lively, well have shorter notices of Mr.
—
—
informed, and somewhat of the most noticeable for his beautiful
bay horse, bright
and whip mount-
silver spurs, stirrups, bridle bit
of glittering silver
— very taking
eye of William Wirt and the other children of the village. In the humbler range of the inhabitants he has other equally
ings, all
to the
pleasant memories.
" At the lower end of the town towards Baltimore, the house nearest the Eastern
whom we
Eastern Branch to
Branch was occupied by old Mr. Martin,
used to call Uncle Martin is
— why,
I
know
The
not.
subject to heavy freshets which have flowed up
Mr. Martin's house, and sometimes overflowed the whole
One
lage.
me,
in
vil-
of the most surprising and interesting spectacles to
those days,
was
this
old
man wading up
during a freshet, and harpooning the sturgeon.
It
fishery in miniature, and not less interesting to
me
to
his
was
a
waist,
whale
at that date.
man himself was an odd fish. He used to get fuddled and amuse himself with singing The Cuckoo's nest' and attempting to dance a hornpipe to the tune of it. He was fond of me and petted me a good deal. I remember him with kindness. I became
The
old
'
myself a hornpipe dancer by an occasion and the old man was delighted
to see
I
will presently mention,
me dance
to 'the
Cuckoo's
THE DANCING MASTER.
CHAP. L]
His second daughter was a beautiful
nest' sung by himself.
whom
I
23
The
can just remember.
my Uncle
oldest son of
girl
Jasper
was in love with her, and I have a recollection of having heard him take leave of her, when he was going to sea to seek his fortune. He was accompanied by my eldest brother. They never returned nor were ever heard of afterwards." " I must not forget Colonel Tattison, as he called himself in Maryland
— Col. Degraves, as he called whom
French dancing master,
To
elegant and graceful person.
which he introduced beginners, a large
Z
info
himself
remember
I
in Virginia,
—the
as a most symmetrical,
teach the new-fashioned minuet
Bladensburg, he used
mark, for
to
on the floor of the dancing room with chalk,
The house
which the school was kept stood some several hundred yards from where I lived, but whilst I was yet in petticoats, I used to steal away and that
letter
gave
tlie
figure of the dance.
from home to see Tattison dance his minuet. beautiful brunette, not then fully
— My
eldest sister, a
grown, was one of
his scholars,
and very nearly as good a dancer as her teacher. imitative childhood to admire any thing as
out learning immediately to dance child,
I
I
remember
John Martin,
hat on
my
is
not in
mere
and, of course, being a
off,
wedding of the
that at the
whom
I
eldest daughter of
my sister put a cocked exhibit me and herself in the
have mentioned,
me
head and took
French minuet and
It
did the minuet, with-
soon became a subject of admiration myself as a minuet
dancer. that
it;
I
in
out to
— the graceful management of the
being an essential part of the dance.
master, Mr. Crown,
was
present, and being
much
hat, putting
The
dissatisfied
the admiration lavished on the French dance (solely because
French) he took out a lady to shew English minuet was.
how much
That was danced
in the centre
man and
of the figure, there was a
his partner
were back
it
with
was
and like
In passing each other
moment when
to back.
on
superior the old
in the figure 8,
the French, by a gentleman and lady only.
it
old school-
The
step being very slow, this uncourtly relation
the gentle-
minuet time and
was continued
until
the parties arrived at the ends of the figure and faced about.
" Mr. Crown considered
it
the quintescence of politeness to
abbreviate this period, by setting off in
end and present his
face.
The
full
run to gain the upper
old gentleman's dress
—
his sharp
cock-and-pinch, his long waisted blue coat, his red waistcoat, very
—— A GHOST STORY.
24
[1772—1783.
— gave him an so grostesque, Camden says on a explosion of laughter. Such — occasion — was the plain and jolly mirth of
long, and his very short breeches \vhilst
air
executing this run to the extreme end of the room, as to as
jiroducc an
somewhat
different
our ancestors
Here
!"
follows a ghost story
" There was another incident to which this wedding gave rise. A dance was given, on a subsequent night, to the Avedding party, When the company had danced themselves weary, at our house. The Tattison proposed to close the evening by raising a ghost. matrons objected to subjects
;
it,
as a light and impious trifling with solemn
but Tattison assured them, with equal gravity, that he
had the power of raising any ghost they would call for, and that he could give them conclusive proof of it: that if any one would
go up
stairs
and consent to be locked up
moved from
the
company below,
in the
room
farthest re-
the stair door should also be
locked, so that no possible communication could be held between the person above and those below.
on a ghost
fix
the
person
whom
up
After this the
he, the operator,
stairs.
The
company might
would cause
to
appear to
graver part of the company
still
discouraged the experiment; but the curiosty of the younger and
was wanting but a sitter give proof of his skill in the to Frenchman up all, a Mr. Brice of amongst hesitation some After black art. accordingly taken up was He closeted. be to Alexandria agreed was introduced which he was into the room The door of stairs. more numerous
prevailed, and nothing
stairs to enable the
locked, and after that the door of the stair below, \vhich opened
from the a
stairs
upon the dancing room.
shovel of live coals, some
salt,
Tattison then asked for
brimstone and a case knife.
Whilst these things were getting, he proposed that the women should, in a whispering consultation, agree upon the ghost to be raised, and report
it
secretly to him.
This was done
;
and the
ghost agreed upon was to be that of John Francis, a little, superwho had died some (ew years before in
—
annuated shoemaker,
his latter days a ludicrous
person whose few remaining locks
were snowy white, with a nose as red as Bardolph's and eyes of and who was accustomed to sing, with a paralytic shake
j-lieum
—
of the head and tremulous voice,
CHAP.
GHOST STORY.
I.]
'What
we come
did
here for?
what
S'$
did
we come
here for?
We came here to prittle prattle. And
And to make the glasses what we came here for.'
that's
rattle
" The habit of drink was so inveterate upon him that he had not been able to walk for some years before his death, except with the help of another, and then with but a tottering step.
name was answered by
nunciation of his
The
around the room.
supposed
to
Francis's
be not a
difficulty
little
The
an-
a half suppressed laugh
of the Frenchman's task was
make John He, however, nothing daunted,
increased by attempting to
ghost walk alone.
began his incantations, which consisted of sprinkling salt and brimstone on the coals, muttering over them a charm in some sort of gibberish, and knocking solemnly on the stair door with the butt
These strokes on the door were
of his case knife.
the tolling of a bell,
came
as regular as
each series closing with a double knock; then
knocks closed by another double
a pause, another series of
stroke, and so on to the end of the ceremony.
" The process was long and solemn, and there was something
in
the business itself and in the sympathy with the imagined terrors of the witness above,
nervous
which soon hushed the whole assembly into a of young children listening to a ghost In about half an hour the ceremony was closed,
stillness akin to that
story at midnight.
shower of blows and the agitated cries of the Frenchman. The Frenchman fall on the floor above. rushed up stairs at the head of several of the company; and there He was brought to our sitter was found on the floor in a swoon. with the aid of cold water, and on reviving said he had seen a in
a
Brice was heard to
man
enter the
room with
a coal of fire on his nose, and on his
—
name of John Francis. It was agreed, on all hands, to be very strange and many shook their heads significantly at Tattison, intimating that he knew more than he ought, and that it was not very clear he was fit company for christian people. No one was disposed to renew the dance, and the party forehead written
in fire
the
;
The Frenchman,
broke up.
with his characteristic politeness,
flew to the door to help the ladies
down
the steps,
when he saw,
standing outside of the door, close at hand, a gigantic phantom
arrayed
He
in
white and arms stretched wide, as
if to
receive him.
shrieked, leaped from the steps and disappeared."
VOL.
1—3
THE WIRE DANCER.
26 This was
plot
and counterplot.
— Next
Wire Dancer, with
childhood, the
[1772—1783.
comes
that
wonder of
and other accom-
his balancings
plishments.
"About village,
same period when Taltison was figuring
the
we
had another exhibition
still
in
our
better fitted to gratify
my
awaken whatever of fancy belonged This was Mr. Templeman, a dancer on the slackwire. to me. The exhibition was in Tattison's dancing room. We got there at The room was brilliantly lighted. A large early candle light.
love of the picturesque, and
wire fastened
at
each end of the room, near the ceiling, hung in a it within twelve or fifteen inches of the tloor.
curve, the middle of
remember
I
the pouring in of the
as the phrase Still
is,
better do
with
'
remember,
I
a
—a
tall
the
room was
filled,
fashion of the place.'
commanded
man, superbly
military air, with a
till
after a note of preparation
other room, which bespoke and
Templeman
company
the beauty and
all
from an-
silence, the entree of
of
attired in a fanciful dress;
drum hung over
his shoulder
by
a scarlet
Saluting the It was such a picture as I had never seen. company with dignity, he placed himself upon the wire; then giving a hand to his attendant, he was drawn to one side of the room, and, being let go, swung at ease, beating the drum like a
scarf
—
performer.
professional
He
balancing hoops, swords, &c.
what
I
performed
— and,
to
the usual
all
crown
had never seen before, a hornpipe,
in
exploits,
the whole, danced
superior style
;
spangled shoes, in the rapidity of his steps, producing upon
most
brilliant
My own
etfect.
into play, and
became
I
was six years of age
;
imitative
Templeman
by
rose before
me
in
celebrated^ little
1
dressed gentleman-like person, somewhat
known
to
me
as the paragon of
my
met
village.
in
I
such celebrity as
The image
as something of another
such splendor on the wire,
a
propensity came again
another sphere when, about forty years after
swinging
his
me
a celebrated hornpipe-dancer before
— meaning
spread through about one-third of our of
—
I
age, or
had seen him
Washington a well
corpulent,
who was made
childish admiration, converted
into a plain citizen, and an extensive dealer in city lots."
We have now some pictures of the Revolutionary war, " Before I left Bladensburg to reside in it no more, which happened in my seventh year, another event occurred which rests vividly upon
my
recollection.
This was the passage of Lee's
CHAP,
LEE'S LEGION.
r.]
Legion through the
village.
27
presume
I
this
occurred when Lee
Greene
detached from the north to support General
was
south.
remember
I
in the
the long line of cavalry in the street, the large
beautiful horses and fine looking
men in uniform, and a particular to me as a relation to my family.
who was pointed out His hair was loose, long, black and frizzled, and flowed over his General Lee, broad shoulders, sweeping down to his saddle. whom I knew well in aftertimes, has repeatedly mentioned this individual
me
individual to
which It
as an officer (a subaltern, perhaps) of great merit;
the fact that the cavalry
fixes
extended along the street
saw was of Lee's Legion, head of the column had
I
until the
turned the corner at the lower, the southern, extremity of the
came
village, before the rear
to
till
in
view:
—
a spectacle well calculated
the imagination, and stamp itself deeply on the
boy of
my
"It must have been
same time
at the
that a
—
was in Bladensburg, There was among them
the Continental army,
of Lee's Legion. it
strikes
The
memory
of a
age.
me,
my
way
of rebuke,
I
infantry of
whose name,
a doctor
have heard mentioned as a surgeon
I
only thing, in the
ceived from
body of
perhaps, also, a part
in
Lee's corps.
recollect to have ever re-
dear mother, was occasioned by an incident con-
The
nected with these troops.
continual musters of militia in
Bladensburg, with the drum and
from a period so early that
had made
fite,
me
drummer
a
have no recollection of its commence-
I
ment. My ear was naturally good, and I was a singer for the amusement of company from the time that I could speak, and
The accuracy
perhaps sooner.
me drumming common marches
pensity kept singing the
dexterity that
of
my
ear and
my
of the time, with such directness and
attracted the attention of others.
it
tleman whose name
I
imitative pro-
on the tables and on the floors and
cannot
now
recall,
An
drew out of
old gen-
his
bosom
one day, a pair of small drumsticks, which he had had made for
me and
painted blue, and gave them to
drum, but with these sticks such effect that
mer
in the
I
I
pursued
me
as a present.
my drumming
This was the
state
of
my
proficiency
troops aforesaid marched through Bladensburg.
where the
I
had no
could soon beat time as accurately as any drum-
army.
ing about them,
I
exercise with
the
in a room were drinking, and where there were drums
found myself, one day, at the baker's
soldiers
when
Pushing and peer-
MR. ROGERS' SCHOOL.
28 and
put into
my
liands.
the
too.
It
fife
a merry-hearted man, and, paraded, and the drumsticks
The baker was
plenty.
fifes in
upon seeing me, had a drum and
fife
with the accompaniment of
set to beating,
I
was my
[1772-1783.
exliibition.
first
I
performed with so
much animation and The drum head was
success that the soldiers were astounded. soon covered with as many pieces of silver
coin and pennies as
filled
of
my
carrying these
me
loved mother gave
my
both
home
in
hands.
triumph, that
It
was on occasion
my
honored and be-
a rebuke against taking
money
presents,
which fashioned my character in that particular for life." "In 1779, I was sent to Georgetown, eight miles from Blaa classical academy kept by Mr. Rogers. densburg, to school with the family of Mr. Schoolfield, a boarding I was placed at
—
quaker.
They occupied
end of Bridge built,
street.
honest-faced and
the best of creation. left 1
by the person
a small house of
honest-hearted quaker:
A
deep sadness
I
remember
ness that seized upon
I
heart
one of
his wife
to
any thing
I
was
When
Georgetown.
that
was
and forlorn-
total desertion
— unlike
square
a well-set,
—
knew, nor an object
the sense of
my my
logs at the eastern
upon me, when
fell
who accompanied me
could no longer see a face that
not stransre,
hewn
Friend Schoolfield was
in after
felt
I
for hours together,
heart would break I sobbed as if and was utterly inconsolable notwithstanding the maternal tenderness with which good Mrs. Schoolfield tried to comfort me. Almost half a century has rolled over the incident, yet full well do years.
what gentle affection and touching sympathy she urged every topic that was calculated to console a child of my After quieting me in some measure by her caresses, she years.
I
recollect with
look
down her
brethren.
It
usually read,
prehend
my
own.
it
;
is
probable
— without
and
in
had read
I
His separation from I
and never received one that
am
some occasion
before, as such things are
But she made
it.
his family
to return
had brought him
same
I
forgot
to great
thought, might be equally fortunate.
my it.
I
never forget an act of kindness,
heart has not impelled
So
far as
my
me
to
wish
experience goes,
persuaded, too, that doing an act of kindness and,
repeated acts to the
me com-
the distresses of Joseph and his father
claim some sense of gratitude.
for
the story of Joseph and his it
understanding
honor, and possibly mine, 1
me
Bible and read to
still
I
more,
individual, are as apt to attach the heart
AND HER FAMILY.
MRS. LOVE
CFfAP. I]
29
of the benefactor to the object, as that of the beneficiary to the
who
does him the service.
to see
Mrs. Schoolfield after
person
went
was so in this instance. I became a man, and a warmer
It I
meeting has seldom taken place between mother and son. " I passed one winter in Georgetown and remember seeing a long line of wagons cross the river on the it
was
tached to south.
I
conjecture that
wagons were atthe troops already mentioned, which were going to the remember also to have seen a gentleman, Mr. Peter, I
I
think, going out gunning
backs
ice.
the winter of 1779-80, and that these
— which
have seen
I
for canvass in those
backs
—then
called white
days whitening the Potomac,
and which when they rose, as they sometimes did for a half a mile or a mile together, produced a sound like thunder. tion this
— being
struck with the different state of this
I
men-
game now
on the Potomac."
This school of Mr. Rogers
mind of the his
pupil.
He
no pleasant impression on the
left
remained there
less than
one year, changed
boarding house, and, getting from under the eye of good Mrs.
Schoolfield and her household,
in the
fell
into associations with others
Richard Brent, Esq., a gentleman once distinguished
not so kind.
House of Representatives, but long Georgetown school.
since dead,
was a
fellow-student at the
The recollections now carry us to another From Georgetown I was transferred to
"
quarter. a classical school in
Charles county, Maryland, about forty miles from Bladensburg.
This school was kept by one Hatch Dent,
Newport Church.
I
was boarded with
name of Love, and my residence few sunny spots
in
in
in the
vestry house of
widow
a
lady by the
her family forms one of the
the retrospect of
my
childhood.
Mrs. Love
good deal bent by age, yet brisk and The family was composed of her and three maiden
w^as a small, thin old lady, a active.
whom
daughters, of
the eldest,
I
suppose, was verging on forty,
and the youngest, perhaps, twenty-eight. and settled
Nancy,
in
the neighborhood.
a round,
plump and
The
She had
jolly old maid,
who was
of the family and used to take a great deal of
was
She presided over
a son married
eldest daughter
snuff.
was named weaver
the
The second
which was always neat and sweet and abundantly supplied with the richest cream and butter. Sally was somewhere about thirty, short, rosy and brisk, Sally.
VOL.
1—3*
the dairy,
—
'
RURAL
30
LIFE.
[1772—1733.
with a countenance marked by health and good humor, and with one of the kindest hearts that beat in the bosom of her kind sex.
She was fond of me, banqueted me on milk and cream
my
heart's content, admired first
heard Roslin Castle.
to
my
From her I and loud voice could make From of touching plaint.
songs, and sang herself.
Her
clear
the neighborhood vocal with its notes lier, too, I first heard the name of Clarissa Harlowe, and she gave me, in her manner, a skeleton of the story. Peggy, the youngest,
was pale and delicate, with more softness of manners than the She was the knitter and seamstress of the household; others. of very sweet disposition, with a weak and slender but kindly She did not sing herself, but was very fond of hearing us voice. who did. There were two boys of us near the same age. Johnson Carnes was rather older and larger than me. He was a good, grave boy, with better
diffident, rather
But he did not
sing,
was
common
sense than
I
had.
homely, and had no mirth and
ratlier
on the contrary, was pert, lively and saucy, and said smart things sometimes, and they used to say pretty withal sang two or three songs of humor very well. One was Dick of Danting Dane, in which the verse about ' my father's black sow was a jest that never grew stale, nor failed to raise a hearty frolic in him.
I,
—
Another was a description of a race at New Market between two horses called Sloven and Thunderbolt. Sloven belonged to some Duke perhaps the Duke of Bolton. The verse laugh.
—
ran, as
I
remember '
When
He "Besides
my
laid
Sloven saw the
Duke
his master.
back his ears and did run
singing,
I
danced
to the
much
faster.'
astonishment of the natives,
Thus admired,
and, altogether, had the reputation of a genius. flattered and
rissa
feasted with milk and cream, Roslin Castle and Cla-
Harlowe,
&.c.,
make him happy tribute to
my
!
what more could
The very
amusement.
a child of
my
age want to
negroes used to be pleased to con-
Old Moll carried me
to the
cowpen,
where she permitted me with a clean, broad splinter, prepared for and her the purpose, to whip the rich froth from the milk pail home at field, came in the day's work hard a after George, son ;
night and played the horse for me, by going on
green yard, with
me mounted upon
his back,
all
—he
fours, in the
going through
CHAP.
MR. DENT'S SCHOOL.
I.]
'31
the feats of an imaginary fox hunt, sounding the horn and leaping
—
over imaginary fences, gates, &c. all of which was life and joy To crown all, I had a sweetheart ; one of the prettiest to me. cherubs that ever was born. The only thing I ever thanked
/Nancy Love quainted with
for,
was giving me
the occasion of becoming ac-
She took me with her once on Mr. Thomas Reeder lived on the
this beautiful girl.
a visit to her aunt Reeder.
banks of the Potomac, just above Laidlowe's and opposite to Hooe's Ferry. In those days there was a ferry from Reeder's to
The house was
Hooe's.
of brick, situated on a high airy bank,
giving a beautiful view of the Potomac, which
Peggy Reeder was
wide.
my own
is
age, rather younger, and as beautiful as
a child to be.
We
fell
there four miles
the only child of her parents,
most exceedingly
in
it
is
— about
possible for
love with each other.
She was accustomed to make long visits to her aunt Love, and no two lovers, however romantic, were ever more happy than we. On my part, it was a serious passion. No lover was ever more disconsolate in the absence of his mistress, nor more enraptured at meetino: her.
tions
know I
I
do not know whether
keep pace with the that there
is
intellect in their
it is
held that the
I
resided at ^ Irs^
engaged
to
happy, not at the
I
do
nothing in the sentiment of happy love, which
two years
did not experience for that girl, in the course of the
when
aft'ec-
development; but
L over s. When
I left
there
be married at the following Easter. in the least
I
we were felt
firmly
proud and
doubting the fulfilment of the engagement
time appointed."
*
#
*
#
" As for school, Mr. Dent was a most excellent man, a sincere for I was I presume, a good teacher
—
and pious christian, and,
too young to judge, and, in fact,
much
too
young
for a
Latin
two years Johnson Carnes and myself got as far advanced as Caesar's Commentaries though we could not have been well grounded, for when I changed to another school, I was Mr. Dent was very good temput back to Cornelius Nepos. received from him a harsh to have remember not I do pered. His school was punishment but once. of kind word or any attained much scholars who none the recall of crowded. I can time short but Alexwith us a who was distinction, except one as celebrated an became orator ander Campbell, who afterwards
school.
In the
—
—
in Virginia,
and
still
more
painfully celebrated for his melancholy
— ALEXANDER CAMPBELL.
32 According to
end.
Dent's,
was
lie
my
recollection of him,
[1772-1783.
to
Mr.
He
had
when he came
between eighteen and twenty years old.
just taken a prize for eloquence at the school in Georgetown. In deportment he was manly and dignified ;— rather grave and
thoughtful, though sometimes relaxing a
remember
I
little.
with others of his family, he was
"
I
never saw him after he
I
common
marked.
so strikingly
left
his
recall, too, that
puzzling me perpetually tremulous and dancing eye-ball by which, in
with forte dux fel flat in gutlure.
Mr. Dent's
;
but he was
still
the bar after I grew up and went to commence the I suppose he came to the the upper part of Virginia.
figuring at
practice in
bar several years after Chief Justice Marshall and Judge Washington, who must themselves have begun to practice after the
Edmund Randolph
Revolutionary war.
Revolution, or, perhaps, at the point of
Henry about still
Yet
years earlier.
fifteen
bar
at the
its
qualified just before the
commencement all
when Mr. Campbell began
peared with them frequently
Patrick
He
his career.
same causes
in the
;
these gentlemen were
;
and
praise, but no less just than high, to say that, even
it
is
ap-
high
among them
he was a distinguished man. He stood confessedly in the first rank of genius. In logic, he did not wield the Herculean club of Marshall
nor did he,
;
of Henry,
— but
finest point,
Some
in rhetoric, exhibit the
his quiver
was
filled
gothic magnificence
with polished arrows of the
and were launched with Apollonian
heard, were echoes
and grace.
skill
of the most beautiful touches of eloquence
I
have ever
from Campbell which reached us
in
the
His arguments were much extolled for their learning and strength as well as beauty. I have heard it said that Mr. Pendleton, the President of the Court of Appeals, spoke of Campbell's mountains.
argument
in the
case of
Roy
ington, as the most perfect
and Garnett, reported by Mr. Wash-
model of forensic discussion he had
ever heard.
" Poor fellow " He left a whimsical
#
*
!
will
which
I
have seen, and
* in
*
which was
a request that no stone might be placed over his grave, for the reason that if a stone were placed over every grave there would
be no earth
left for
agriculture."
Leaving this digression " I lived there, I think,
we go back until the
to
Mrs. Love's.
year 1782, as perfectly happy
CHAP.
RETURN OF PEACE.
I.]
who was
as a child could be
separated from his mother and the
From
other natural objects of his aifections. I
went to bed,
with two
tlie
live-long day,
drawbacks— the going
on holidays,
—
which
ought to be abolished.
much harm;
for
it
was
I
never
the time
rose until
I
all
enjoyment, save only
to school,
and the getting tasks
it
by the by,
last,
33
is
a practical cruelty that
knew good
come of
to
but
it,
starts across the child's path, like a goblin,
The
throughout the holidays.
task
is
deferred until
how
moment, then, either slubbered over any
the last
or omitted alto-
gether, and a thousand falsehoods invented to evade or excuse
the order of the day in
But these holiday tasks were and haunted
me
until the
it.
youth,
holidays no longer deserved the name.
the exception of these same tasks and a slight repugnance to
With
daily school, Mrs. Love's
quiet
my
life
town.
was an elysium
to me.
It
was
a very-
without the amusing incidents of Bladensburg and George-
The
only picturesque occurrence of which
I
have any re-
was the passage of a party of fox-hunters with their The public dogs and horses, one day, by our dwelling-house. road to Allen's Fresh ran close by the gate, where I was standing It was alone, when this animated and noisy party dashed along. collection
such an obstreperous invasion of the
stillness
so entirely novel a spectacle to me, that
I
gate and walked towards the house to get
mischief of which they seemed
my
of the country, and
drew back from out of the way of
One of
the the
the riders, observing
***** movement, put spurs
full.
to his horse
and leaped the fence by the
side of the gate, as if to frighten and pursue
me
;
but
too proud to run, and he returned to his party the
" There was a barbacue
at
I
was rather
way he came."
the Cool Springs, near Johnson
This was an of peace. exceedingly. Having puzzled me which idea, I well remember, suspicion that war, I had state of no known no other things but a must have it. I uncommon in there was any thing unnatural or heard continually of the battles that were fought, but I have not which the slightest vestige on my memory of any such thing Carnes' father's, to celebrate the return
;
can only proceed from the circumstance that victories
must have appeared to
was exceedingly perplexed, which
this
me
as ordinary occurrences.
therefore, to understand
barbacue celebrated.
I
—
battles, defeats
had no
and I
the event
distinct idea of the
DAY DREAMS.
34
[1772-1783.
meaning of war and peace; and, after the explanation that was given to me, had still but vague and confused impressions of the subject.
I
was
that the event in question
presume
the signature
was only nine years
in 1781, when I any time nearer to the immediate seat of the war, the terrors of those around me might have startled me into a clearer perception of its character, and have prepared me the
of the preliminary articles old.
If
I
had been
at
better to understand and enjoy the return of peace.
had never heard of
it
As
it
was,
I
but at a distance and with composure, and
had seen nothing of war but its 'pride, pomp and circumstance,' to which a boy at my age had no objection." " I became sensible of the power of forming and pursuing at pleasure, a day-dream from which to
which
I
derived great enjoyment, and
I
found myself often recurring.
the scenery around gentle and peaceful.
wide and one mile
There was nothing
in
me to awaken such vagaries. It was tame, The house stood on a flat about half a mile
On
long.
the east, the view
was shut
in
by a
whole length of liill of moderate height, which stretched along the with a growth adorned and verdant undulating, gently the plain sides and its over scattered were which trees walnut of noble
—
summit.
This
hill
was the only handsome object in view. On was locked in by swamps or woods;
every other side the plain
so that there was neither incentive nor fuel for poetic dreams.
Mine were
the amusements of the dull morning walks from Mrs.
Love's to the schoolhouse. It was a walk of about two miles, and my companion rather disposed to silence. I remember very dis-
one of these vagaries, from the circumstance of my having recalled, renewed and varied it again and again from I imagined myself the owner of a the pleasure it afforded me. tinctly the subject of
beautiful black horse, fleet as the winds.
My
pleasure consisted
in imagining the admiration of the immense throngs on the racefield, brought there chiefly to witness the exploits of my prodigy I could see them following and admiring him as he walked along the course, and could hear their bursts of applause
of a horse.
as he shot by,
The
vision
first
was
one competitor, and then another,
vivid as
that a real victory could
life
and
I
felt all
the
in
the race.
glow of triumph
have given."
These imaginings were
characteristic of the boy, and
have typified the peculiar nature of his aspirations mature period of his manhood.
seem to more
in the
CHAP.
COLONEL LEE.
I.]
Here
is
remembrance of
a
35
a notable personage of the
Revo-
lution.
"
I
must not forget a rencontre which I had with a very distinman at this period. It had happened that, on some former
guished
occasion,
had attracted the attention of Col. Lee, of the legion
I
A
ah-eady mentioned, as he passed through Bladensburg.
volume
of Blackstone chanced to be lying on the table, near which he was sitting; and, shewing me the title on the back of the volume, he
asked me what taries'
I
called
I
it.
pronounced the word
'
Commen-
with the accent on the second syllable, and he corrected
my
Lord Duberly calls it. Upon the foundation of this slight acquaintance, I was recognized by this gentleman at Mr. Reeder's, where I had gone on a visit with one of the Miss Loves,
cachilology^ as
and whither Col. Lee had come to cross the ferry, with his
first
newly married. He seemed quite pleased to meet me, took great notice of me, and, finally, insisted on my crossing the river with him to Hooe's, where he promised to give me some fine cherries. They who had the care of me seemed to wife, then, as
consider
me
was
I
told,
and themselves much honored by
Lee, and readily consented to his proposal.
this notice
So,
I
of Col.
was placed
along side of him in the boat, while his young wife, for the greater the
part, if not
whole of the passage, stood upon one of the
benches, facing the breeze, which wantoned freely with her robes.
She had a
fine figure,
and her attitude, as the boat rose and sank
on the waves, was so strikingly picturesque as to remain strongly on
my memory. beach
low
The
river
is
at this place four miles
at the opposite side is, at
some
that a boat cannot get quite to the shore, in
sengers have to be borne to dry land
in
all
moved
1
could.
I
off to the
chew was
house
at
which case pas-
the arms of the ferrymen.
This was the case on the present occasion. were taken to the shore, where they, their the boat to
wide, and the
states of the tide, so shal-
Col.
Lee and
his wife
servants, ferrymen and
Hooe's, leaving
me
sitting alone in
the cud of disappointment and neglect as well as
entirely forgotten
:
— but
I
did not forget this slight,
'n the reflections
which, even then and often afterwards, the
dent provoked.
After sitting alone in the boat for near an hour,
unthought of by the person ation, I
was
who had
at last relieved
betrayed
by the ferrymen,
their leisure, without either cherries or
inci-
me into that situwho returning at
apology from Col. Lee,
— MR. HUNT'S SCHOOL.
36
me
took
back
safe
to the
more
friendly
[1772—1783.
bosoms
had
I
on the
left
other shore."
"In 1783 Dent
in
I
was removed from
Charles county, to that of the
byterian minister in
mentioned.
I
Montgomery county, whom
was put
to
I
have already
board with Major Samuel
who
gruder, a substantial planter, Hunt's.
grammar school of Mr. Rev. James Hunt, the Pres-
the
lived about
Wade Ma-
two miles from Mr.
The Magruders, at that time, formed a numerous family The original name, I have heard, was McGregor
in that county.
of Scotland, and the ancestors are said to have sought a refuge in The Major showed the defeat at Culloden.
this country, after
marks of Highland extraction. He was large, robust and somewhat corpulent, with a round florid face, short, curling, sandy hair, and blue-gray eyes. He was strong of limb, fiery in temperament, He was a magistrate and hospitable, warm-hearted and rough. however, he was as which, peace, the of conservator a ex-officio At times he was ready, on provocation, to break as to preserve. kind and playful with the boys but wo betide the unfortunate boy ;
or man who became the " Mrs. Magruder was
the sister of Col.
town, and daughter, as
I
whom Georgetown
object of his displeasure
took
!
Beall of
George-
have understood, of the gentleman after
name
its
She was a small, spare old lady countenance was
Thomas
— George
who had
Beall of that place.
Her
been handsome.
strongly expressive of her
gentle
disposition.
was very striking. She was quiet having heard her speak remember do not and generally silent. I family, and have forthe in years I lived a dozen times in the two Major's I remember as the But the gotten the note of her voice.
The
contrast with her husband
loud north wind that used to rock the house and sweep the snowcovered field. They had a large family seven sons and four
—
dau'j-hters.
The ffrown sons were numerous and loud enough
to
keep the house alive, being somewhat of the Osbaldiston order, except that there was not a Rashleigh among them; nor was
—
there a Di Vernon
among
the girls.
" Besides the parents and children, there were divers incumbents There was, for a their rations in the Major's house.
who drew
short time, a Col. Hamilton,
coat and waistcoat included,
above middle age, who,
I
who
used to wear leather clothes,
—a
thin,
was
told,
keen, active man, a
had been a Regulator
in
little
North
CHAP,
EARLY ACQUAINTANCES.
r.]
Carolina,
— though
I
was then ignorant what
and that he was rather
in
3T word meant,
the
concealment and under the Major's pro-
tection.
" Then there was an interesting old gentleman, by name Thomas who had been an English schoolmaster, and had educated
Flint,
George and Patrick, who were destined for Mr. Flint was learned profession. "in fair round belly with good capon lined"
the family except
all
a classical education and a
—
upwards of fifty, good looking man with a dark complexion, sharp, black eyes and He had a son who was Major Magruder's shaggy brows. overseer.
"Besides these, there were two apprentices:
Zack,
a wild, slovenly, blackguard boy, cut out
—one
of them,
by nature
for a
strolling player, having a strong inclination to repeat fragments of
speeches and scraps of plays which he had learned from the boys of the school
was
in the
man,
who
;
— the
other
was Harry,
the son of the miller
who
Major's employment, a modest and interesting young disappeared in a mysterious way, the particulars of
which
I have forgotten. " The mansion was a large, two-storied brick house,
long before a
few
went
I
feet of
it
there.
In this his family proper lived.
built not
Within
stood the old house, which had been the former
residence of the family, but which was now occupied, at one end, by the overseer, and in the residue of its chambers by the school boys and the two apprentices. Here, at night, we got our lessons and more frequently played our pranks. "There were two boarders, besides myself: AValter Jones, son
of Mr.
Edward
Jones, a rich planter of Frederick county, and
Richard Harwood from Anne Arundel,
—
in after
times one of the
For a short time the late Col. Thomas Davis of Montgomery, was one of our boarders and schoolfellows. So that Major Magruder's household embraced not less than twenty white persons. To these there was a conIt stant addition, by visiters to the young people of the family.
Judges of a District
in the State.
—
was,
in
fact,
an active, bustling, merry, noisy family, always
motion, and often in commotion.
To me
trasted with the small, quiet, affectionate
Love.
it
was
in
painfully con-
establishment of Mrs.
There I had been the petted child and supreme object of Here I was lost in the multitude, unnoticed, unthought
attention.
VOL.
1
—
EARLY ACQUAINTANCES.
38
of,
and
left to
[1772-1783.
make my way and take care of myself
as well as 1
which, under the discipline of Mrs. Love's daughI had been ters, was as clean and soft as silk, now lost its beauty. spoiled by indulgence, and was really unfit to take care of myself.
My hair
could.
know how to go about it. Yet there was no one to take who showed any interest in me except Harry, the as I was, I had reflection enough to compare Young son.
did not
1
care of me, or miller's
two scenes
the
in
which
I
had
my present
lived, to feel
desolation,
and to sigh over the past. The tune of Roslin Castle never recurred to my memory without filling my eyes with tears. "There was another circumstance which embittered my residence at
Mr. Magruder's.
One
of
my
companions was ill-tempered,
and I do not know by what antipathy, There was that object of his tyranny. temper. generous would have disarmed a
became the peculiar my situation which
I
in
was a
I
small, feebly-
grown, delicate boy, an orphan, and a poor one too: but these circumstances seemed rather to invite than to allay the hostility of this fierce
During the two years that
young man.
was my mis-
it
fortune to be a boarder in the house and his schoolfellow, a wanton barbarity that so degraded and
wonder
I
have ever recovered from
was, however,
my
me
I
alone, and
only persecutor.
became,
at length,
recall here the first experience solitude.
Often have
long before any other in silence
failed
I
gone
to
I
it.
The
cowed my
he
rest were content to let
well content to be
so.
I
can
had of the refuge and comfort of I
was sleepy, and
the household, that
and to myself the hopes which
to set before me.
suffered
In this large family
bed long before
member of
I
spirit that I
my
These imaginings
I
might enjoy
imagination never
rest
on
my memory
with the distinctness of yesterday. 1 looked forward to the time when I should be a young man and should have my own office of two rooms, my own servant and the means of receiving and entertaining
my
friends with elegant liberality,
my
horse and
fine
equip-
ments, a rich wardrobe, and these all recommended by such manners and accomplishments as should again restore me to such favor
and affectionate intercourse as I had known at Mrs. Love's. I never dreamt of any other revenge on my tormenting schoolfellow, to eclipse him and reduce him to sue to me for friendship. Except these waking dreams which live so vividly in my remembrance, there are but few pleasant incidents to connect my recol-
tiian
CHAP.
MUSIC.
I.]
two
the gratification
took in the
to
sit
of company to the house.
visits
was not forbidden
I
the room and see what was going on.
in
visiters
years.
folks played cards, and
Sometimes the young is
a gentleman,
I
which he
even yet, so
is,
Latin usher,
— and the
I
living
One of
— Charles
these
Jones.
recollect distinctly the drollery for
much
used then to set the tables
now
believe,
Although a very small boy,
One was
Yet there are a few.
lections with those I
89
which he
distinguished, and with
Maxwell Armstrong, our
in a roar.
only popular usher
have ever known
I
was another of the visiters, and a great favorite with me. " There were two other visiters whom 1 saw only once each at the Major's, but whose visits led to one of my small accomplishments. Doctor Charles Beatty of Georgetown, brought up his flute and regaled the ladies one evening
in
the garden with his music.
a Hessian or Prussian, a teacher of
Mr. Eckland,
town, also came up on one occasion, to get a musical instrument for
him
when
was
in
A
George-
a great effort
The house
to play on.
afforded
— on
which Major M. used children, the only tune he knew, with these words
nothing better than a wretched fiddle, to play, for his
there
music
'Three or four sheepskins Wrong sides outwards
Cut them down, cut them down. Cut them down and tan them.'
" There was, besides, a cracked family had ever been able to
flute,
draw a
ated the fiddle, but, with the aid of a
crack, and a flute
little
water
to
from which no one of the
Mr. Eckland repudi-
note. little
bees-wax
to stop the
wash and wet the bore, he made the
discourse most eloquent music.
— What a
strange thing
is
memory I can see the man at this moment and hear him strike up the White Cockade' for this was the first tune he played ; and he threw it off' with a spirit and animation of which Dr. Beatty had !
—
'
given
me no
idea.
Thereafter, whenever the
room was empty,
I
used to steal to the bookpress in which that old flute was kept,
and whispering in the aperture not, if I could
—
learned to play several tunes, chief, before
I
—
for I could not
could
fill
blow, and dared
knew. In this way I of which Yankee Doodle was the
try to finger such tunes as
I
the flute with a single note.
AFOXHUNT.
40 "
On
[1772—1783.
one occasion Dr. Smith of Georgetown
very respectable family of that name now
— the father of the
came up Major M's. with two or three other gentlemen, bringing with him a large pack of hounds, in preparation for a fox-chase. This at that place,
to
was
a
new
me
incident to
and
full
On
of the liveliest interest.
this occasion old Mr. Flint developed an accomplishment of which Having got pretty 'high up' with I had never suspected him.
RoHood, of which my children have often heard me sing several His picverses caught from Mr. Flint's exhibition at this frolic. drinking, he sang a hunting song and one of the old songs of
bin
ture
is
now
me
before
—
for
he acted as well as sang, and repeated
any one would
his verses as long as
listen.
I
night before the hunt, and before day-break
I
slept but little the
was waked from my
slumbers, by the turning of the hounds out of the cellar and the
uproar raised self quickly
yard by them and the horns.
in the
and sighed, as the party moved
not follow them.
On my way
longing regret did
I
cry upon their track,
mote woodland effect I
which
know
its
To
!
eye for pictures, this
to school that
listen to the distant notes until the last
those
who
sound was
I
dressed
because
olf,
I
my-
could
morning, with what of the hounds in lost
full
behind the re-
have not an ear for sounds nor an
would be incredible, if I were to describe the and to this day scene had upon my imagination it
;
nothing in the
way
of spectacle or music, to compare, for
power of excitement, with a well equipped and gay parly of
hunters following a pack of hounds in
pleasant
full
cry."
we are able to obtain from these simple The writer broke them off abruptly at recollections.
Here ends
all
that
early stage of his history, purposing to resume
and this
them when the
him again the refreshmemory. youthful His busy profesof draughts ment of these graver duties of his high office might allow
sional life forbade this indulgence,
and has
left us
reason to regret
that the same hand has not sketched his continued advance to
manhood.
CHAPTER
II.
1783— 17S7. TEMPERAMENT HIS STUDIES.—WHOLESOME INFLUENCE OF HUNT.— HIS LIBRARY SKETCHES BY CRUSE VERSE MAKING FIRST LITERARY EFFORT, A PROSE SATIRE ON THE USHER ITS CONSEQUENCES— A SCHOOL INCIDENT A VICTORY VISIT TO THE COURT HOUSE OF MONTGOMERY MR. DORSEY THE MOOT COURT.— ITS CONSTITUTION SCHOOL
IMAGINA'J'IVE
—
—
MR.
—
EXERCISES.
The memoir lliat is
Avhich
we have
just closed presents us nearly all
known of William Wirt up
ficiently indicates
to his eleventh year.
It
suf-
the temperament of the boy, and gives us no
slight glimpses of the future aspirations
of the man.
The
lively
which it presents of those scenes and persons which dwelt on his memory, show how keenly his youthful observation was impressed by the quaint and grotesque images which surrounded
pictures
They show,
him.
too, with
what a relish he noted the simple rural were familiar to his childhood, and
objects and employments that
how
true an eye and
and influences that
These
qualities of
how fell
true a heart he had for the kindly things in
the
way
of his youthful experience.
mind and character continued
were the constant source of
his life, and
to
expand during
that attraction
which
encircled him, to the last of his days, with troops of admiring friends.
We
have occasion
shall
to note,
more than once
in the
course of
these pages, the poetical complexion of Mr. Wirt's mind, the some-
what prurient predominance of his imagination, and the alacrity with which he was ever ready to digress from the actual to the ideal of
ment
is
The
life.
almost inseparable quality of such a tempera-
diffidence, that
shy reserve which
is
much more
frequently
the result of pride and a high self-estimate than of humility.
A
which our perception enables us to foresee and expect, from those who are capable of a shrewd insight into
sensibility to the criticism
our conduct, observable VOL.
is
in 1
most generally the source of
that
modesty which
an ingenuous and quick-sighted boy. 4*
—
is
Its usual ac-
HIS STUDIES.
42
[1783-17S7.
is an exterior of thoughtfulness and quiet observation presence of the world, united with a gay, light-hearted ease amonsrst those in whom household association and familiar endear-
companiment in the
ment have begotten that confidence which takes away the appreThe observant eye of his aunt, with whom hension of censure. orphan child had been domesticated
the
detected
this trait in his
character, in the
tenderest age,
his
in
first
years of their inter-
course; and, noticing these alternatives of a playful and thoughtful temper, she once remarked, when his uncle was debating with her
when 1 look weep when I
the question of his education—"
scarcely seems one
of us,
and
an expression would seem
I
to indicate
at that
dear child, he
think of him."
Such
some early presage, afforded
by the boy, of that superiority which his riper years developed. Wirt remained at Mr. Hunt's school, in Montgomery county, During the last two years of this until it was broken up in 1787. We shall often period he was an inmate of Mr. Hunt's family. remembrance pleasant a find, in the course of his correspondence, of this family and
dwelling place, which bore the classical
its
name of the Tusculum. Mr. Hunt seems to have exercised a happy influence over the He was a man of cultivated mind, liberal character of his pupil. He possessed, what in those days study and philosophic temper.
was no common advantage, a pretty good library. He had, besides, a pair of globes and some instruments of a philosophical apHe was communicative, and quick to appreciate the paratus. tastes of his scholars, and, in his
Youno- Wirt found his
from
accounts, kindly and indulgent
all
intercourse with them.
way.
He
in this association
acquired some
taste for physics,
some
some sharpness of
little
much
to
advance him on
insight into astronomy,
relish for classical study, but
appetite for the amusements atforded by
run of the library^
He
studied Josephus,
Pere^-rine Pickle, the old dramas.
Guy
of
some
above
all,
"the
Warwick and
Pope, Addison and Home's
Elements of Criticism, wath equal avidity and with indiscriminate The library cheated him out of many a worse recreation, faith. and whilst it captivated his boyish imagination with its world of treasures,
it
served also to implant
lore, which seeks
its
in his
mind
that love of various
enjoyment among the flowers that enamel the
CHAP.
HIS STUDIES.
11]
broad
fields
48
of literature, rather than among the gems which
lie
in the depths only accessible to the miner.
sometimes regarded as the misfortune of sprightly and apprehensive genius, that it is apt to be lured from its graver and more It is
profitable toil
be
If this
by the attractions of
true in
who have won
any instance,
have been able to trace their
vagrant course of reading.
their intellectual accomplishments,
by
distinction
this
cannot be denied that many men,
it
first
impulses towards an honorable
renown, to the opportunities afforded by a miscellaneous library, and
which it has enabled them to improve. Mr. was accustomed to speak in terms of regret of
to the tastes
Wirt,
in after life,
the habit of immethodical reading which, acquired in early youth,
had, as he supposed, somewhat injuriously diverted his time from
He
systematic study.
we
was,
are inclined to believe, mistaken
estimate of this disadvantage.
in his
the habit of light and excursive reading in
mend
ments of science or
have been,
to
laborious profession, to justify and com-
own
the pursuit of his
There seems
concentration of methodised study, in
in his case, quite a sufficient
He
literature.
all
has also afforded
other depart-
many
agree-
able manifestations, that the zealous and persevering lawyer had cultivated, with no small success, that general scholarship is
wherever
constitutes,
of
which
so seldom combined with professional excellence, and which
instinct is
may
light
affinities
mind, to
prompt
it
ramble
to
in
it
path.
Its
first
it
search of the congenial things
seldoms its
falls
out that the errant
appointed destination.
It
have been Mr. Wirt's characteristic quality of perceive and keenly to relish the riches of that upper
said
to
designation of humane
pictured to us under the felicitous
is
beautiful in art,
These, comprehending
letters.
scope nearly every thing that is
in
and
;
due time, come to
world of thought, which
that
own
wander over the surface of its own world, until it upon that which shall gratify its proper appetite. Its
does not,
may be
most graceful and attractive finds its
to
nature has provided for spirit
exists, the
it
Genius generally
adjuncts.
its
glowing
in
their
graceful in aesthetics, every thing
is
in poetry,
and eloquent
in
thought,
present to the student a field of various observation, which can
only be cultivated and enjoyed study.
He,
therefore,
of such study,
may
who
scarcely
by the most apparently desultory
has a true perception of the delights fail
to
be accounted a capricious and
HIS STUDIES.
44
[17S3-1787.
rambling reader, whenever his pursuit shall come to be measured
by
which the student of one science
the severer rules
own
necessary to observe in his
For many Wirt's
life, I
finds
it
labor.
particulars
relating
am happy
to express
the earlier portion of Mr.
to
my
obligations to a rapid but
which was written by Peter Hoffman Cruse of Baltimore, in 1832, under circumstances which give it great value as an authentic narrative, and which is not less worthy careful biographical sketch,
of commendation for tion.
I
graceful and scholarlike style of composi-
should scarcely do justice to
my
subject, if
myself of the material presented to
avail
friendly and, at the to use *
its
The
it
as often as
me from
same time, so accurate.
may
I
I shall
I
forbore to
a source so not scruple
find occasion.*
sketch referred to in the text was written by Mr. Cruse upon an engageNew York in 1832, just after Mr. Wirt's nomi-
ment with the Messrs. Harpers of
nation as a candidate for the Presidency, and
was designed
accompany a repub-
to
This repubUcation,— for reasons with which I am not acquainted did not proceed beyond the reprint of the British Spy, At the time of to which the biographical sketch I have alluded to was prefixed. lication of
Mr. Wirt's
literary productions.
—
the nomination of
Mr. Wirt
cumstances a narrative of his totally disconnected from the
for the Presidency, life
was
by a singular coincidence of
in contemplation
cir-
from one or two quarters be supposed to have made
which may Mr. Longacre was engaged in his Work of National Portraits, and had applied to Mr. Wirt for some materials for a sketch of his history to accompany an engraved likeness for this work. The task of furnishing these had been committed to Judge Carr of tlie Court of Appeals of Virginia. Mr. Salmon P. Chase, a friend to Mr. Wirt's nomination, and, still more reintimately, his personal friend, a gentleman accomphshed in elegant letters, cently brought more conspicuously to the view of the country as a Senator of the United States from Ohio had also taken the matter of a biography into his hands. But the enterprise of the Messrs. Harpers being stimulated by a more direct reference to the nomination, took the place of all other biographical projects, and consigned the task to the very competent hands of Mr. Cruse. Cruse was a finished scholar, of exquisite taste, and gifted with talents which would have secured him an enviable eminence in the literal ure of tliis country.
it
political object
then a matter of interest to the public.
—
—
He
fell
a victim to the cholera, in Baltimore, on the 6th of September, 1832, not
long after the completion of the biography above mentioned.
The country
thus lost
one whose accomplishment in letters was just beginning to bring him reputation, and whose career, if he had lived, would have been distinguished by the finest exThe materials for his sketch were derived hibitions of intellectual excellence.
from an intimate personal acquaintance with Mr. Wirt, whose just appreciation of The inciliim was shown in the most cordial and confidential social communion. dents of this biograpliical sketch were supplied by the friends of Mr. Wirt, by his
by the biograj)her"s own personal knowledge of his subject. The sketch was submitted to Mr. Wirt, and so far corrected by him as to secure it against
family, and itself
CHAP.
SKETCHES BY CRUSE.
II.]
Mr. Hunt's library suggested with one of
He
our pupil some
to
effort of rivalry
heroes, in the dainty occupation of verse making.
its
how Pope had first tempted his muse at twelve years why should'nt he versify He himself was now thirteen
read
:
as:e.
well
46
He
.'
tried his
hand
at
it,
—
and, very naturally, failed.
of as
He
accordingly resolved that Nature had not made him a versifier. There was, however, the world of prose open to him, and forth-
with he
set out
upon
Amongst
that quest.
several essays, in this
Mr. Hunt's hands, and was most agreeably reI must give the history of it ceived, with abundance of praise. as it comes from the friendly biographer.* " It was engendered by a school incident, and was a piece of one
sort,
into
fell
revenge more legitimate than schoolboy invention
when sharpened by wrongs, at the school
;
and
this
is
who was more learned
usher
apt to inflict
There was an usher
real or imaginary.
and methodical
than even-tempered, was one morning delayed in the customary routine
Wirt
by
who was young
the absence of his principal scholar,
In his impatience he
himself.
to the door,
went often
and
espying some boys clinging, like a knot of bees, to a cherry tree not far off, he concluded that the expected absentee was of the
number, and nursed
his
wrath accordingly.
servant of a neighbor, with
whom
The
truth
was
Wirt was boarding
that the
at the time,
and the indispensable breakfast had been delayed by his late return. This apology, however, was urged in vain on the usher, who charged, in corroboration, the plunder of
had gone
that
morning
the cherry tree
:
to mill,
and though
this
was
as stoutly as truly rejoined to
be the act of an English school hard by, the recitation of Master
Wirt proceeded under very threatening prognostics of storm. The lesson was in Cicero, and at every hesitation of the reciter, the eloquent volume, brandished by the yet chafing tutor, descended without quailing his facetiousness howwithin an inch of his head,
—
any inaccuracy of statement of fact. I may add, that my own constant intercourse with Mr. Cruse, during the preparation of that sketch, and a familiar acquaintance with the individual to whom it refers, enable me to give an additional assurance of its
I can only indulge, now, the unavailing regret that its author, so the arts of "wit, eloquence, and poesy," had not survived to unite in the grateful labor of this task, to render a joint tribute of our homage to
authenticity.
rich as he
with
me
was in
the distinguished
subject of our memoirs
—partaking,
as
degree, of the pleasure of his society and the kindness of •
Cruse's Sketch.
we
liis
both did, in equal
regard.
— ENCOUNTER WITH AN USHER.
46
—
[1783—1787.
We
ever, for he said archly, Take care or you'll kill me.' have heard better timed jests since, from the dexterous orator, for '
the next slip brouglit a blow cible
as
felled
our hero to the ground.
if
logic
good earnest, which being as
in
her
herself, w^ith '
I'll
'
closed
pay you
fist,'
for this if
'"Pay me,
will
you.^'
do
—
it,
I live,'
said the fallen champion, as he rose from the field.
will never live to
for-
had dealt
said the usher, quite furious;
— 'you
that.'
—
" 'Yes I will' said the boy. " Our youth was an author, be
it
remembered, and
that is not a
race to take an injury, much less an atlront, calmly.
was
too,
a fair
weapon
against an usher; and,
The
quill,
by way of vent
view
to
no
his indignation at this and other continued outrages, but with
what so seriously fell out from it, in furtherance of his revenge, he indited, some time afterward, an ethical essay on Anger. In this, after due exhibition of its unhappy effects, which, it may be, would have enlightened Seneca, though he has himself professed to treat the same subject, he reviewed those relations to
and functions of
life
most exposed
A
to the assaults of this fury.
parent with an undutiful son, said our moralist, must often be very angry, a master with his servant, an innkeeper with his guests
but
it is
;
an usher that must the oftenest be vexed by this bad pas-
sion, and, right or
he went on
wrong,
find
And
himself in a terrible rage.
so
manner very edifying and very descriptive of the case, character and manner of the expounder of Cicero. " Well pleased with his work, our author found a most admiring
reader
in
in a
an elder boy who, charmed with the mischief as
the wit of the occasion, pronounced
formance, and very
fit
for a
it
a
Saturday morning's declamation.
vain did our wit object strenuously the dangers of this })ublication.
The
much
as
most excellent perIn
mode of
essay was got by heart and declaimed in the
presence of the school and of the usher himself, who, enraged at the satire,
demanded the
claimer with the rod. this,
writer, otherwise threatening
the de-
His magnanimity was not proof against
and he betrayed the incof^nito of our author,
who happened
when master
usher, the ob-
the same
evening to be in his garret,
noxious satire in hand, came into the apartment below to lay his complaint before his principal. Mr. Hunt's house was one of those one-story rustic mansions, yet to be seen in Maryland,
where the
47
A VICTORY.
•
CHAP.
II.]
floor of the attic, without the intervention of ceiling, forms the
roof of the apartment below
— so
that the culprit could easily
be
the hearer, and even the partial spectator, of the inquisition held
on his case.
'Let us see
and awful were the broken,
—
first
this is
moments of
—
its
said the preceptor;
perusal,
which were mighty
a suppressed titter, and, finally, to the
by
relief of the listener,
Mr.
this o(fcnsive libeP
tirst silent
by a loud burst of laughter.
—
'
Pooh
pooh
!
!
but the sally of a lively boy, and best say no
more about it: besides that, inforo conscienlicc, we can hardly find him guilty of the publication!' " This was a victory and when Mr. Hunt left the room, the conqueror, tempted to sing his lo Triumphe' in some song allusive to the country of the discomfited party, who was a foreigner, ;
'
was
by the
put to flight
latter's
rushing furiously into the attic,
and snatching from under his pillow some hickories, the fasces of his ofhce,
who
usher ill
and
infiicting
some smart strokes on
the flying satirist,
The
did not stay, like Voltaire, to write a receipt for them. the school in
left
the doggrel
rhymes The
'
He " Many years
dudgeon not long afterward,
like the
worthy
—
hero
who
tlid 'sist
upon
't.
woultl'ut be deputy to Mr. Hunt.'
after, the
usher and his scholar met again.
Age
and poverty had overtaken the poor man, and his former pupil had the opportunity of showing
him some kindnesses which were
probably not lessened by the recollection of
unpremeditated
this
revenge."
This was quite a prosperous entrance into the world of
letters.
The pleasant remembrance of this early triumph is one, amongst many evidences which 1 may have occasion to notice hereafter, of the earnest appreciation with
wont
which the distinguished lawyer was
to regard the pursuit of literary fame,
which, as
it
seemed,
an adverse destiny had constantly placed beyond his enjoyment,
though never, as the reader of these pages will
find,
beyond
his
hopes.
Mr. Hunt's discipline contributed
to
awaken
the ambition of his
pupil to another renown, not less conspicuous in his career. ters
were always the passion of William Wirt,
doomed
—
against enjoyment, the Tantalus cup of his
Let-
passion fore-
a
life.
The law
THE MOOT COURT.
48 was,
in
[1783—1787.
equal degree, his chosen field of eminence, pursued at
times with the eager love of a votary, and, more propitious to
all
fame and wealth.
liim than its rival, the bountiful source of
introduction to
first
Mr. Hunt was
in
County Court,
in
temple was at
its
this era
His
of his boyhood.
the habit of taking his pupils to the
Montgomery
term time, to give them some insight into those
may be
mysteries which
said to be, in this country, the ladder to
preferment, and which certainly at the date of this adventure,
all
much more
than at present,
The
climbed to eminence.
The whole
the school. foot,
by which men was some four miles from headed by the Domine, went on
was
the chief aid
court house
troop,
and with due solemnity entered the rustic
and took their seats
known 4o
He was
the school and neighborhood.
and courageous
in his
of justice,
Amonst the
William H. Dorsey, well
youngest was
pleaders one of the
hall
the unoccupied jury box.
in
clever, quick
encounters with the older brethren; so,
he naturally became the favorite of the schoolhouse auditory, and grew to be a hero in their eyes. Boys have a great instinct for hero worship; not
much
is
older than the oldest of those
"
plaud him.
"Agreed."
— and worship with them Why
should not
— So, forthwith we
we
imitation.
who
sat to
Dorsey was hear and ap-
have a court of our
have a
little
own
.?"
temple of Themis in
Wirt was appointed to draw up the was, manifestly, the Dorsey of the new forum. was prepared with all the necessary complica-
Mr. Hunt's school-room.
He
constitution.
The
constitution
meet the contingencies of its broad and delicate jurisdicand was reported, with a modest letter of apology for its
tions to tion,
imperfections, by the author.
This was
his
speechmakings ping verses"
in
first
There were occasional
forensic essay.
public at the school, and the practice also of " cap-
— one
of those ingenious devices by which off'-hand
orators are supplied with a motley of shreds and patches cut from classical cloths,
and preserved as the staple for that impromptu
wit and learning which,
in the last
chief ornaments of scholarship, tled aside for
age,
— now,
was regarded as one of the fortunately, somewhat jos-
wholesome Anglo-Saxon.
Wirt was a common had a mind to win.
victor and carried
In all these exercitations oil'
whatsoever prize he
CHAPTER
III.
1787—1792.
—
—
PETER A. CARNES BENJAMIN EDWARDS NINIAN EDWARDS BBCOMES A TUTOR IN MR. EDWARDS' FAMILY.— USEFUL EMPLOYMENT OF RETURNS TO MONTGOMERY HIS TIME.— STUDIES.—JOURNEY TO GEORGIA AND STUDIES LAW WITH W. P. HUNT REMOVES TO VIRGINIA STUDIES WITH MR. SWANN.— IS ADMITTED TO PRACTISE BY THE CULPEPPER
FRIENDS
—
COURT.
Mr. Hunt's school was discontinued in the year 1787. Wirt was now in his fifteenth year. But little remained of his funall patrimony, and he was brought to the necessity of seeking the means to support himself. He was not without friends. His happy and confiding temper attracted the good will of his schoolfellows. His talents won the esteem of his teachers. The sympathy excited
by
his
orphanage and the humility of his deportment brought
him more than one protector. Mr. Peter A. Carnes was an early patron and most useful friend to our pupil. This gentleman belonged to the bar of Maryland.
He was
owner of a considerable landed
the
estate
in
Clia^les
county, and, being a cultivator of tobacco, his occasions, both as a planter
and as a professional man, often brought him to Bladens-
Here he was accustomed to take his lodgings in the public house which was kept by Jacob Wirt. He thus became intiburg.
mate with the family, and had the best opportunities
to
observe
were young and sprightly boy whose so well adapted to captivate his regard. This acquaintance ripened into a strong and lasting attachment, which was subsethe character of the
qualities
quently manifested in the most substantial proofs of friendship to the family.
When
Jacob Wirt died, Mr. Carnes charged himself,
extent, with
family, of
by some
the control
whom
the eldest
ten years.
to
some
and guidance of the children of the
There
was Elizabeth, the is
senior of William
reason to believe that Mr. Carnes
assumed the direction of the education of William, and perhaps VOL,
1
—
PETER
50
A.
CARNES.
[1797—1792,
of Elizabeth, and defrayed the expenses of this charge chiefly out
own
of his
Mr. Dent,
William was consigned by him to the care of
pocket. in
Charles county
— accord—provided
and Mr. Carnes himself,
;
ing to some memorials of his family, which
have seen,
I
for him that comfortable homestead, where he was sheltered and made happy by " good Mrs. Love" and her family, in the memory of which the grateful pupil found so much pleasure. Some years after this Mr. Carnes removed to Georgia and settled himself in the neighborhood of Augusta, where he obtained eminence as a lawyer. Elizabeth Wirt was, at this time, grown
to
womanhood
we may
;
her mother was dead, and she and her brother,
suppose, were
left
in a condition to attract the
and consideration of their good
sympathy
Mr. Carnes sent
friend.
for
them
both to come and live with him.
William's destiny directed him
to another quarter; but his sister
obeyed the summons of her kind
protector, who, soon after her to that relation by making her In the
few
letters
arrival in Georgia, fortified his title his wife.
and other papers
referring to this portion of
I
Mr. Wirt's
dence of the concern of Mr. Carnes
have been able life,
in the fortunes
friend, and of the valuable service rendered at that
age when friendly counsel
is
by him
to collect,
abundant eviof his young
to his protege,
most needed.
Besides Mr. Carnes, there was another in the success
there
is
who now
took an interest
of the youthful scholar, and whose connection with
him had the most happy influence in shaping his career to that eminence which he afterwards achieved. This friend was Benjamin Edwards, at that date a resident of Montgomery county. His son, Ninian Edwards, who, in after years, successively held the post of first Territorial Governor of Illinois, then Senator from that State, and afterwards the Governor of it was the comWhen this rade and classmate of Wirt in Mr. Hunt's school. school was broken up and our disbanded student had returned to Bladensburg, as to a point from which to make a new start in life, young Edwards happened to take with him to his father's house the constitution of the moot court to which I have referred
—
—
in a
former chapter, and, along with
ter.
This was probably exhibited
achievements which,
in the
it,
the report or prefatory let-
in the
family as one of those
world of schoolboys, are magnified for
purposes of renown, with a more aflcclionatc exaggeration than
we
CHAP.
BENJAMIN EDWARDS.
III.]
are apt to hear of in the larQ:er world.
51
This triumph of the aca-
came to the eye of Mr. Edwards, the father, and doubtless with no modicum of praise of the cleverness of the author. The result was, in brief space, a letter from the father to young
demy
thus
Wirt, inviting him to a station his son Ninian and
transfer to college, and
study, which,
This
it
in
the family, as a private tutor to
two nephews, who were
who
all
contemplating a
stood in need of some preparatory
was thought, Wirt was
qualified to direct.
any aspect a most agreeable one, was ren-
invitation, in
more acceptable by the assurance which accompanied it, that Mr. Edwards' library should be at the service of the new A summons so teacher for the prosecution of his own reading. dered
still
opportune to
this
new
field
of duty was, of course, quickly and
gratefully accepted, and the pupil,
now
converted into a teacher,
—
was most comfortably established at Mount Pleasant as this seat was appropriately called in the bosom of a hospitable, cultivated
—
and estimable family.
Mr. Edwards had been a member of the Legislature of Mar}'land
;
— had acquired
reputation in that
complished debater.
body
as a skilful and ac-
mendation and friendship of the great leader, politics
versed trained
of the State
to
esteem by
— Samuel
general literature;
in
reflection; its
dignity
com-
In this relation he had attracted the
;
his
Chase. his
He
in that
day, of the
was, besides, well
mind was strong,
direct,
demeanor challenged respect
his character, public
and private, was
and and dis-
tinguished for lofty patriotism and inflexible virtue. His manners were affable and particularly agreeable to the young, with whom he was fond of associating, charming them by instructive convert sation, which the benevolence of his disposition and his ready sympathy with the tastes and interests of his youthful auditory,
—
rendered manifold
This
is
in its useful
impressions upon them.
the outline of the character
of his early friend.
How
fortunate
Mr. Wirt was wont
may we
regard him
brought within the sphere of such a man's influence
!
to give
in
It is
being
one of
the most pleasant traits in the history of the subject of this bioglast day of his life he could not speak of Benjamin Edwards but with the strong emotions of a grateful affection
raphy, that to the
which seemed
to
be even more than
filial.
AVe
shall see
many
BENJAMIN EDWARDS.
52
evidences of this generous recognition
[1787—1792.
which may be
in the letters
introduced into the future pages of this narrative.
" You have
tauglit
me," he says,
of poverty, and had liant reputation I
do
hewn
— "to
his
way
so, since to you, to the influence
my
life, I
the obstacles
Well, indeed
and character.
think
son, and teach
me
may
of your conversation, your critical
and decisive period
may
of useful or good there
bias of
brother: they shall find
most
in the
owe whatever
my mind of me as a
letters, written
to a profitable as ^vell as a bril-
love you like a parent.
precepts and your example
of
one of these
in
when he had conquered
to his old friend at a date
Continue then,
your children
one, indeed,
if
I
be
in the
implore you, to
to regard
me
as a
the wonder-working
dispensations of Providence should ever place them in want of a
brothers arm or mind or bosom."
The young
tutor's final destination w^as the bar.
With much
to
augury of success in this profession, he had also some drawbacks. He was shy and timid in any public exhibition of
justify an
himself
His enunciation was thick and
great embarrassments in the
indistinct,
marked by
a
Both of these may be regarded as
nervous rapidity of utterance.
way
of a profession which requires the
utmost intrepidity of self-protrusion, and whose outward and
visi-
more in round, clear and dauntless speech, than in any other attribute by which it can be made known. Mr. Edwards soon observed these defects in his young friend, and with a persuasive and gentle skill set himself about removing them. He narrated to him, by way of encouragement, some incidents in his own experience, particularly those which belonged to his debut in the Legislature, in which he gave a strong picture of
ble manifestation exists
—
his embarrassment, his confusion and fear of breaking his surprise at his safe deliverance,
by Mr. Chase when he had supposed sometimes took occasion also to
down, and
and the compliment paid him his failure complete.
He
upon his
diffi-
rally his listener
dence; and to give him some adequate conception of the
little
room
he had to fear the competition of Avhat was understood to be the
most formidable encounter there
in life.
of antagonists he might be compelled to
class
He
were not many
fortified this lesson,
of those
who
by assuring him, that
had arisen to distinction
had not to contend with obstacles as great as his own. and Pinkney, both young men
at that period,
who
Dorsey
and both beginning
CHAP.
USEFUL EMPLOYMENT.
Ill]
to attract the observation
of
tlie
53
community, were held up by Mr.
Edwards to his comment. " Dorsey," said lie, "whom you so much admire, and Pinkney whom you will admire still more when you shall have seen him, are making their own way to distinction under as great disadvantages as any you have to encounter."* With whatever distrust, the shy student at that time received
however incredulous he might be of was endeavoring to implant in his mind, it was not many years before he had realized more than had been promised him. A letter from Mr. Edwards reached him at Williamsburg in the palmy day of his career, fondly recalling to him the predictions of this early time in Montgomery, and exulting, with the pride which a father only might be supposed to feel in these friendly persuasives, and the hopes his friend
the advancement of a son, at the fulfilment of the prophecy.
Twenty happy and Mr. Edwards.
useful
months were spent under the roof of
In the successive occupations of classical study,
of instructive conversation, and preparations for that profession to
which he was hereafter to devote his life, Wirt found, at this epoch, the most solid benefits. In the contemplation of that robust and manly character which was daily presented to his notice in his patron
and friend
;
in the dignity
and massive good sense of
this
of deportment, lofty virtue
worthy gentleman
;
in the
tatious simplicity of the family, their genuine kindness
unosten-
and indul-
gent consideration of himself, he found daily a stimulus to the cultivation of the virtues both of his heart and head,
and the strongest
incentives towards the fulfilment of those aspirations for
which,
in after life,
At the expiration of
By
impaired.
renown
he so successfully accomplished. this period, his health
became somewhat make a
the advice of friends, he determined to
journey on horseback to Georgia, and spend the winter with his friend and brother-in-law,
Mr. Carnes, and
had not seen since her marriage. We have no narrative or remembrances of
his sister,
this
whom
journey to refer
was undertaken towards the end of the year 1789. He was in his seventeenth year. traveller set out alone. to.
It
way was
long, and a great deal of
ness of pine-forest and sand.
It
*
VOL.
1
— 5*
it
The The
lay through a dreary wilder-
was no
Cruse.
he
light enterprise in that
JOURNEY TO GEORGIA.
54 day; of
—but
well imagine that to the cheerful boy, so
we may
and rosy hopes, the
pleasant fancies
weariness.
In the
first
world, mounted upon
wayside
full
brought no
outlook of a youth of seventeen upon the
his steed; with a purse sufficiently stored to
bring him to his journey's end
on a pad behind
[1737—1792.
his saddle
;
with
;
all
his
worldly goods packed
with a gay heart
in
his
bosom, and a
sunshiny face beneath his beaver,— what is there on the globe to make him sad? No shadow upon his path ever takes a gloomy hue, no lonesome by-way finds him unaccompanied with pleasant thoughts, no fatigue overmasters or subdues the buoyancy of his
mind; the rain and the wind bring no melancholy when they drive The swollen river which, in some mountain against his breast. gorge, compels him to a halt, is but a picturesque hindrance which
he has the boldness to tempt, or the patience to wait for. Nightfall but heightens the romance of his dreams, as he holds his way, guided by some distant taper, to the rude shelter of a woodman's The hearth to which he has found this doubtful path, hut.
gleams with a light more cheerful than the illuminations of a palace, when its rays are thrown upon the homely group of the woodman's family from the blazing faggots, kindled to prepare for a supper with
him
which no banquet
in his elder
day
is
to
be
compared. If
we
our young adventurer had kept a journal of this expedition
should, doubtless, have had abundant material from
illustrate the content
and joy with which
be recorded. The Southern winter seems
to
sucii
which
to
experiences would
have told well upon his constitu-
had been threatened with a pulmonary complaint which had excited some alarm in his friends, and it was supposed he might find it to the advantage of his health, as well as to the professional career to which he directed his views, to make a permation.
He
nent settlement in Georgia.
The journey on
and the genial winter of that region
horseback, however,
wrought a rapid change
in his
condition, and enabled him to pursue his aims in a quarter more attractive to his regards, and, as we must believe from the result,
more favorable
to the objects
of his ambition.
His vigor was
restored and he returned to Maryland in the spring. He now took up his abode at JNIontgomery Court House, and
entered upon the study of the law with William P. Hunt, the son
CHAP.
JOURNEY TO GEORGIA.
III.]
and then, for the I find
in
first
time,
a reference to
one of the few
he remained about a year,
In this position
of his former preceptor.
tliis
went
55
to reside in Virginia.
removal and the causes which led to
early letters
which have
fallen
under
my
it,
notice.
addressed to Mr. Carncs, in Georgia, in November, 1792. " While with Mr. Hunt," he writes, " a friend informed me of a very advantageous station for a lawyer in the State of Virginia. Every body urged me to seize it. The law of Virginia required
It is
from
me
twelve months residence
in
the state, and a previous
examination by three of the Judges of the General Court.
moved my
residence immediately to Virginia, and
after
I
re-
residing
—
months under a Mr. Swann* an acquaintance and school-mate of Tom Carnes, and a young fellow of distinguished I applied to the judges for a license; by a manceuvre legal abilities, about
five
—
removed the objection of non-residence, and,
after a
minute scru-
my information, obtained the signature of three of their Honors to my license. 1 have disposed of my property, and am now over (this letter is written from Prince George's county,
tiny into
Maryland,) for the purpose of receiving the money.
upon the reception of This
is
this, I
commence
the introduction of William
Immediately
the practice of the law."
Wirt
to Virginia, a state
whose fame he grew to be almost inseparably identified, and towards which he never ceased to look with the atlection of a Avith
child for a parent. the nature of the " manoeuvre" by which he circum" vented their Honors" and thus got himself prematurely ensconced But in the bosom of that bountiful mother, we are not informed.
What was
may, with some reason, account that to be a pious fraud which so successfully gave this dutiful and reverential son to a family
we
*
My readers will recognize in this reference, Mr.
Thomas Swann, a distinguished
of the bar of Washington, and for several years District Attorney of the United States in that city. The acquaintance between him and Mr. Wirt, which commenced at this early period, ripened into a cordial friendship which was main-
memher
tained throughout
unbroken, and was manifested in the constant habitual ex-
life
change of kindness which the proximity of residence enabled them to practice to the Some few letters, the fragments only of a frequent latest day of Mr. Wirt's life. correspondence between them remain. I have particularly to regret my failure to it which belonged to the earlier period of Mr. Wirt's career,
procure that portion of in
which
I
had hoped
yet be recovered.
to find
some
instructive details of his
life.
This
may
possibly
ADMITTED TO THE BAR.
56
which has never ceased, from of
its
most
that
[1787-1792.
moment, to regard him more worldly sense,
In a
cherished favorites.
as
one
too,
it
may be reckoned as a token of the future prosperity of the young lawyer, whose first case was won by so commendable a piece of sharp-sightedness.
Let
us,
on our part, look to
as a pledge of attachment and
fealty to the
new
this incident
both
sovereign from
its
which the dexterity which
of his adaptation to that profession
new subject, and a proof owes so much of its thrift is
if
not
occasionally called to display
its
glory, to
itself in finding
out an unguarded
point in the outworks of the law.
which he was admitted to practise, was that of Culpepper county, and his residence was accordingly taken at
The Court
in
the court house village.
CHAPTER 1792
IV.
— 1794.
LIBRARY.— FIRST CASE DIFFICULTIES ATTENDING IT— IS ASSISTED BY A FRIEND A TRIUMPH HIS COMPANIONABLE QUALITIES HABITS OF DESULTORY STUDY PRACTISES IN ALBEMARLE.
HIS
—
We
have the young practitioner
now
fairly
embarked upon the
sea of his profession.
There sional
is
good authority
for saying that his library
and profes-
equipment were not of the most various or effective de-
He
scription.
has told the story himself, that his whole magazine
of intellectual artillery, at this period, comprised no other munitions than a
copy of Blackstone, two volumes of Don Quixotte
and a volume of Tristram Shandy. bably, a twelve-months the flinty
Behind these, there was, pro-
study, partly, no doubt, travelled along
highway of Coke and
Littleton, but,
we may
be pretty
confident in the conjecture, not less diligently conversant with the
byways of and their kindred adventurers. secret and pleasant
He was now
upon a theatre
to
Tom
Jones, Roderick
which he had anxiously aspired,
and one which would surely try his metal. bation under
some
Random
fearful disadvantages
;
—
He came that
is
to this pro-
to say,
with no
great store of legal provision, and with his constitutional timidity still
unconquered.
Only those who have gone through the ordeal of public contest, with this weight upon their shoulders, can estimate the oppression,
—the
horror,
I
might say
— of such a drawback.
The
ordi-
nary pursuits of business-life give one no insight into the sufferings of the public speaker
who
is
the reluctance of a diffident nature.
compelled to struggle against
The young
hero of the bus-
when first brought to the footlights to confront that combined Hydra and Briareus, an assembled audience, can tell a piteous tale
kin
of terror, legislative
if
asked to describe his emotions.
hall
may
The
novitiate of a
give an interesting experience to the same
FIRST CASE.
58
point.
But,
more severe than
consolate barrister
when he
[1792—1794.
the experiment of the dis-
eitlier, is
rises, for the first time, to
the most difficult and perplexing of
human
all
of the frowning and solemn majesty of
tlie
discourse
lore in the presence
bench; or when he
embodiment of popular justice, the twelve " probos et legales homines," which the traverser who "puts liiniself upon his country," is taught to believe, by a violent fiction, to be the country itself, but in which the maiden orator sees only a most formidable fragment of it. The young votary who, for the first time, stands in this presence, surrounded by its usual faces that personal
and characteristic auditory drawn thither by that insatiable love of the scenery and incident of the judicial diama, which tively the passion of the multitude
pavement of heads extending
into
when he
;
is
prescrip-
compact
sees the
every nook within the horizon
of his vision, with their multitudinous eyes concentred upon one focus, and that focus himself,
—
general curiosity overcoming
eager to hear every word, the
all
uneasiness of attitude,
all
comfort of the heated atmosphere, is
hunger and
all
there in Fuseli's imagination of nightmare to give a
ful
dis-
all
thirst
— what
more
fright-
picture of the oppressed brain and bewildered sight than this
spectacle, presented to a shy and unpractised youth ineffectually laboring, in
advance, to
throes of a consitutional
the
repress
diffidence !*
Such are the trials them to encounter this
familiar to those
Wirt's enunciation was
be
•
still
defective
command over
prived him of his jierson 10
professions compel
:
it
was confused and
hur-
His voice, when undisturbed by that timidity which de-
ried.
make
whose
discipline.
was in
at this
his later
it,
was
rich and melodious.
time quite as prepossessing as
manhood.
it
w^as
His
remarked
His manners w^ere well adapted
to
friends.
One such scene
I
have witnessed, and
confused novitiate arose a second time
I
remember
—having
the agony with
pelled to talce his seat in the hope to collect his routed thoughts.
say was not more fortunate than the
—
first.
He
which the
been but a moment before com-
His second
es-
stood silent for a brief space, and at
was able to say " Gentlemen, I declare to Heaven, that if I had an enemy upon whose head I would invoke the most cruel torture, I could wish him no other fate than to stand where I stand now." Curiously enough the sympathy which this ajjpeal brought him, seemed almost instantly to give him strength. A short pause was followed by another effort which was completely, and even triumphantly sucthe end
cessful.
CHAP.
FIRST CASE.
IV.]
59
first appearance at the bar is described by his biographer much from his own account of the incident. It was well remembered amongst Mr. Wirt^s early friends. Luckily for him, this first accost was attended by some excitements which overmastered his shyness and reserve, and saved him many pains. Tiie occasion and its events are set forth wilh so much interest in
His
pretty
C ruse's
memoir, that
own
his
it in
I
take pleasure in offering his description of
words.
" With these advantages and defects, such as they were," says the memoir, " he was to begin the competitions of the bar in a part
much
of the country where he was quite unknown, and where
talent
had pre-occupied the ground, with experience on
side and acquaintance with the people and their affairs.
no part of the world where, more than rassments would be lessened to a
in
There
its is
Virginia, these embar-
new adventurer;
as there
is
no
more courteous race of gentlemen accessible to the prepossessions which merit excites. There was, however, another
where
a
embarrassment
;
our lawyer had no cause.
here a young friend
much
But he encountered
same circumstances, but who had
in the
a single case, which he proposed to share with Wirt, as the means of making a joint debut. With this small stock in trade they went to attend the first County Court. " Their case was one of joint assault and battery, with joint
judgment against three, of
whom two
had been released subse-
who had
been taken
in
execution and imprisoned, claimed the benefit of that release
a.s
quently to the judgment, and the third,
enuring to himself
Under
these circumstances, the matter of dis-
charge having happened since the judgment, the old remedy was
by the writ of audita
querela.
But Mr. Wirt and
his associates
had learned from their Blackstone that the indulgence of courts
modern
times, in granting
summary
relief, in
such cases, had,
great measure superseded the use of the old writ
;
in
in a
and accordingly
presented their case in the form of a motion.
" The motion was opened by Wirt's friend with of a
first
essay.
The bench was
then, in Virginia
all
the alarm
County Courts,
composed of the ordinary justices of the peace ; and the elder members of the bar, by a usage, the more necessary from the constitution of the tribunal, frequently interposed as
informers of the conscience of the court.
It
amici
curice,
or
appears that on the
"
A TRIUMPH.
60
[1792—1794.
case being opened, some of these customary advisers denied that
a release to one, after judgment, released the other, and they
The
denied, also, the propriety of the form of proceeding.
of
ire
our beginner was kindled by this reception of his friend, and by this voluntary interference
with their motion
and when he came
;
he forgot the natural alarms of the occasion, and main-
to reply
This awaked the
tained his point with recollection and firmness.
generosity of an elder tion in the
member of
the bar, a person of considera-
much
haps, as
he would
He
neighborhood and a good lawyer.
was amicus
an auxiliary, remarking that he also entitled to act as
state his conviction
that the court
was not
having come from a
such as others
;
their
quarter gave
it
point in
triumph, and
the
who promised
was,
we
be a thorn
to
The
dare say, unnecessary.
neither talent nor courtesy
;
in
adding that
its
but a stronger claim on
The two
worthy
brethren, in his plain phrase, that they had best
with one
which capacity
at liberty to disregard it;
new
in as
and, per-
of the propriety of the motion, and
the candor and urbanity of a Virginian bar. carried
in
stepped
curice,
make
fair
his
weather
The
their side.
friends
told
ally
advice
bar of that county wanted
and the champion having vindicated
his pretensions to enter the
list,
was thenceforward engaged
in
many a courteous passage at arms. " The auxiliary mentioned
above anecdote, was the
in the
General John Miner, of Fredericksburg, of
whom
Wirt,
late
in sub-
sequent years, often
spoke with strong gratitude and esteem.
'There was
he says, 'a more finished and engaging
gentleman,
never,'
nor one of a more warm, honest and affectionate
He was
heart.
He was
a
as brave a
man and
as true a patriot as ever lived.
most excellent lawyer too, with a most persuasive flow
of eloquence, simple, natural and graceful, and most affecting
wherever there was room for pathos; and his pathos was not artificial rhetoric; it was of that true sort which flows from a feeling heart and a noble mind.
He was my
from that day through a long times in afier years, to remind on
my
obligation to sustain his
large and
hearts of
life
me '
;
firm and constant friend
and took occasion, several
of his prophecy, and to
prophetic reputation.'
most respectable family, and all
who knew
him.'
lives
He
embalmed
insist left
in
a
the
CHAP.
DESULTORY STUDY.
IV.
In this his
first
who knew him
61
was more successful than those He was indebted for this, in
adventure, he
best had expected.
no small degree, to the lucky accident of having his temper may suppose, too, that the aid and conflict.
We
aroused for the
comfort of that powerful ally to
whom
the story refers,
was
felt,
not less in the kindness and encouragement of a friendly counte-
nance bestowed upon the young pleader
at his first rising, than
the substantial assistance given before the trial
sympathy of
good natured
a
face, the
warm gaze
in
The
was ended.
of a friendly eye,
and the silent gesture of approbation and assent are potent antidotes
which players are wont
to the alarms
and what, this,
"the
the Hall of
in
to call
Themis, we may
" the stage fright," term,
in
analogy to
fright of the bar."
The ordeal, however, was past. The ice was broken, and the new barrister felt that he might thenceforth walk into the courts unquestioned.
Those who knew Wirt
in
that
day were accustomed
of him as a gay and happy companion, careless labor of his profession, and genial pleasures of toil,
the road to fame.
period of his
life,
more disposed
good fellowship than It
to cultivate the
to pursue,
was therefore
speak
to
somewhat of the con-
by any painful
usual to say, that, at this
he gave no very recognizable pledge of that
eminence which he afterwards attained.
It
may be
true that his
were not so conversant with the deeps of legal science, as one might demand from the ambitious lawyer, and even that he studies
dofled aside the sometimes admonishing hopes of a solid sional
fame
but
;
it
proies-
can scarcely be true that an active and appre-
hensive mind, such as his, was suffered either to rest for want of use, or to devote itself to frivolous or useless subjects.
many evidences us, that the
in the letters
most absorbing passion of
that
renown which was
may
confess
it
We
have
and other papers which have reached
chiefly to be
his nature
won
was
a longing for
in forensic triumphs.
to be equally true that there
is
has transpired, regarding this portion of the
apparent, life
We
in all that
of Mr. Wirt, a
There are minds, however, of the very highest power, which seem to reject system with instinctive aversion, and to pursue their aims with what might be called sad want of system in his study.
a capricious versatility
of study
;
which, being susceptible of vivid
impressions from the objects upon which they are employed, are
VOL.
1
—
PRACTISES IN ALBEMARLE.
62
[1792—1794.
apt to be enticed from the course of methodical occupation attraction of
new
from
pursuits, or driven
it
by the
by the weariness or
pain of the old.
We
may
conclude
that, to
some
extent, this
ble to the character of Mr. Wirt's mind.
discern beauty, whether in nature or active imagination, with a heart
full
remark
is
applica-
With an eye quick
art,
to
with a teeming and
of the charities of
life,
and
with a keen zest for the delights of a frank companionship, it may be believed that neither his professional zeal, nor his hopes of future fame, were,
at all times a
match for these antagonists, nor
potent enough to guard him against their seductions studies and his recreations that field
were
where the poetry of
;
that both his
likely to seek their pleasures in
life
held an acknowledged
sway
over the severer, and we may even say, repulsive studies to which " the youth whom the law destines to a bright manhood" is compelled to devote his time.
He
continued to practise at the bar of Culpepper court some
one or two years with increasing success; in the meanwhile extending his acquaintance and business connections into the neighboring counties.
In this circuit he included Albemarle county, a
region of Virginia especially distinguished for eminent and highly cultivated men.
whose
The
influence in the control of his future
fortunate aspect.
many friends, was of the most
aspiring barrister here found life
CHAPTER
V.
1794 — 1799. ALBEMARLE FRIEVDS DR. GILMER.— MR. JEFFERSON, MR. MADISON AND MR. MONROE. —JAMES BARBOUR MARRIES MILDRED GILMER PEN PARK DR. GILMER'S LIBRARY.— HOSPITALITY OF THE COUNTRY DANGERS TO WHICH HE WAS EXPOSED CHARACTER OF THE BAR.— HIS POPULARITY AND FREE HABITS.— FRANCIS WALKER GILMER.— THO.MAS W. GILMER, LATE SECRETARY OF THE NAVY DABNEY CARR AND HIS FAMILY ANECDOTE OF BARBOUR AND WIRT —STATE OF FLU.— DE.^TH OF DR. GILMER.— ROSE HILL.— LETTER TO CARR.
—
— —
the friends whom Wirt found at this period, in Albewas Doctor George Gilmer. This gentleman, the descendof a Scotch family which had emigrated at an early date to
Amongst marle, ant
Virginia, had been prepared for his profession in Edinburg, and
was
time an eminent physician,
at this
He
practice.
hood of
lived at
Pen Park,
Charlottesville.
He
a
man of
enjoyment of a large
had been noted as a zealous and
effective friend of the Revolution
was
in the
his family seat, in the neighbor-
—had
borne arms
cause
in the
;
genius, of accomplished education, wit and refine-
Living in the immediate neighborhood of Mr. Jefferson,
ment.
and within a day's ride of Mr. Monroe and Mr, Madison, his singular
good fortune
it
was
to enjoy the intimate acquaintance
and
friendship of these distinguished men.
His family circle furnished attractions both to old and young.
His children drew around them many cheerful and happy companions, and his
own accomplishments,
as a
man of
observation, brought him the best society of the time. hospitality prevailed in his household in
;
letters
An
and
elegant
choice books were found
his library; instructive and agreeable conversation enlivened
his fireside.
Pen Park exhibited
just such a combination of rare
and pleasant appurtenances as are likely to sions
make
the best impres-
upon the mind of an ingenuous and ambitious youth, and to him with zeal in the cultivation of virtue and knowledge.
inspire
64
HIS
Of
MARRIAGE.
[1794—1799.
who, at this date, graced the family board, two with whom these memoirs have an intimate connection. The first was Mildred, the eldest of the family; the other was Francis Walker, the youngest born of a numerous progeny. The daughter was richly gifted with the gentle attractions of her sex, intellectual, kind, cheerful, and noted for her good She was then just growing into wosense and just observation. manhood, with all the joys of that happy period radiant in her face. The imaginative and susceptible young barrister found a the children
there were
fairy land in this romantic spot, and a spell in the
eye and tongue
The of the maiden which charmed too wisely to be broken. it closer alliance, and to a him opened the way regard for father's was
not long before he took his place in the family as a cherished
son-in-law.
The
marriage was solemnized at Pen Park, on (he 28th of
From
May, 1795.
this
period Wirt's residence was established
His practice and reputation inAmongst several lawyers, then and afterwards well known to fame in that region, he is said to have stood on the same Of these it would be sufficient to menplatform with the best. now the President of the tion the names of Barbour Cabell, with the family of his wife.
creased.
Court of Appeals of Virginia, and others,
who
will
— — Carr, Davenport,
be recognised, by those
with the bar of Virginia, as gentlemen
who
Austin, Stuart
who
served repute for professional worth, and some of
wards
are familiar
enjoyed a well de-
whom
attained to an enviable celebrity throughout the
From
this date
we may
after-
Union.
observe the steady advancement of the
— shaded now and then, by — but nevertheless forced onward by the innate
fortunes of the subject of this narrative a temporary cloud,
strength of his character and the impetus of brilliant talents and useful attainments.
him
;
Doctor Gilmer became warmly attached to
brought him into intimate acquaintance with the illustrious
persons to
whom
I
have referred
;
whetted
his appetite for elegant
by the habitual display of his own stores gathered in the diligent study of it; gave fresh vigor to his taste and fancy, by directing his studies to the best books. The young student
literature,
was charmed
to find
such happy access as the Doctor's library
which Hooker, Eoyle, Locke,
afforded, to those fountains of English thought and speech
poured their streams through the pages of
CHAP,
PEN PARK.
v.]
65
Barrow, South, Bacon and Milton. From these he drank deep draughts, and filled his mind with that reverence for the old literature of our native tongue, which was ever after noted as one of the most determinate characteristics of his mind.
His acquaintance
with Mr. Jefferson, Mr. Madison amd Mr. Monroe, at this date, before either of them had been elevated to that high honor which
each subsequently attained, led,
in
due time, to confidential esteem
and friendship, which was variously manifested throughout the Such a fact as this may be interpreted to lives of the parties. furnish the strongest evidence of the personal merit of the indi-
vidual to
whom
Happy,
it
—most
relates.
auspicious,
was
it
him
for
that he
was thrown
thus early under the guidance of so kind and competent a friend as
worthy proprietor of Pen Park. Fortune confers no richer boon upon generous and aspiring youth than when she gives him wise and affectionate friends. To win an honored place in the
the
household and
in the heart
observant gentleman
pure minded family
to
;
;
of a liberal, refined, benevolent and
be freshly engrafted upon a loving and and considerate kindness
to feel the gentle
of parents seconding and sustaining the devotion of a wife
observe
all
around him the blossoms of a
to
to
—
enjoyment there are few natures so draw from these environments good store of nutri-
ripening into fruit for
ment
;
affection, diffusing
atmosphere which he inhabits, and daily
their fragrance into the
stolid as not to
new
his
improve the heart, exalt
its
charities,
and quicken
honor and
pulses towards the cultivation of virtue,
im-
its
religion.
It is
exempt from the necessity of which' every condition of fortune seems
true that such blandishments are not that vigilant self-control, to exact life
from a well ordered mind.
The
vicious enticements of
openly challenge us to be upon our guard, and there
is
no
awarded to the youth who plainly perBut ceiving the danger, arms himself in good time against it.
great share of merit to be
when
prosperity
enlivens
tinually striving to
heart
is
make
us
all
around
sometimes taken unawares by
flowing content, and
may
fall into
and affection
us,
happy by the
its
own jocund
and over-
the snares of that pleasure
the generosity of friendship itself administers.
conceal the fact that at this time of the
con-
is
offerings of kindness, the
life
I
which
do not wish to
of Mr. Wirt, he was
not altogether free from the censure of having sometimes yielded
VOL.
1
— 6*
HOSPITALITY OF THE COUNTRY.
66
some occasional
to the spells of the tempter and fallen into ularities in
of conduct,
am aware
I
[1794—1799.
irreg-
charge has been made
that this
graver form, with some amplitude of detail and circumstance.
It is
partly to correct
what
consideration of what
is
tation of the subject of
is
false in this, but
much more from
a
due to truth and to the impartial presen-
my
biography, that
I
now
allude to
I
it.
cannot be insensible, either, to the duty of exhibiting to the youth of the country a faithful picture of an eminent man, in whose career they
may
study the best lesson for their
own guidance
to a
life of public usefulness and to the reward of an honorable fame. I should not be true to this aim if I kept out of view the occasions
which should enable me
to
show how
most virtuous
strictly the
natures should observe the tendency of every quick impulse, doubt its
safety, and
check
its first
extravagance.
Wirt was now twenty-five years of age. He was companionHis mind was quick, and imbued able, warm-hearted and trustful. with a strong relish for wit and humor. An old friend, who knew " He had never met with any iiim well in that day, says of him :
man
His figure Avas
so highly engaging and prepossessing.
kingly elegant and commanding, with a face of the
masculine beauty, animated, and expressing high
manners took the tone of his heart cordial, and his conversation, to
first
stri-
order of
intellect.
His
they were frank, open and
:
which
his reading
and early pur-
had given a classic tinge, was very polislied, gay and witty. Altogether," he adds, " he was a most fascinating companion, suits
own age, irresistibly and universally winning." * character, we may suppose, to be but too susceptible to
and to those of his
Such a
the influences of good fellowship, Avhich, in the jollity of youthful
association, not unfrequently take the discretion of the votary
by surprise and disarm creased this
men
peril.
its sentinels.
An unbounded
The
fasiiion
hospitality
of that time
in-
amongst the gentle-
of the country, opened every door to the indulgence of con-
vivial habits.
The means
of enjoyment were not more constantly
Every dinner party was a revel every ordinary visit was a temptation. The gentlemen of the bar, especially, indulged in a license of free living, which habitually approached the confines of excess, and often
present than the solicitations to use them. ;
*
Cruse's Memoir.
CHAP,
CHARACTER OF THE BAR.
v.]
The riding of the circuit, wliich always company, and the adventures of the wayside,
overstepped them.
brought several into
gave
to the bar a sportive
which
and light-hearted tone of association,
greatly fostered the opportunity and the inclination for con-
A
day spent upon the road on horseback, the made to friends by the way, the jest and the
vivial pleasures.
customary
visits
song, the unchecked vivacity inspired
of kindred
hood that
spirits,
—
had their share
all
by
this
grouping together
imparting to the brother-
in
of temper and recklessness of the more severe
facility
and sober comment of the world, which, is
€7
dangerous to youth
will
it
be acknowledged,
proportion to the enjoyment
in
Then, the contests of the bar which followed
it
affords.
the forum, the
in
occasions they afforded for the display of wit and eloquence and
were so many additional provocawhich found free scope when evening
the congratulation of friends, tives to that indulgence
brought
together, under one roof, to rehearse
all
"
to
make
acteristics
as the phrase
a night of it,"
stimulants of ;
The
good cheer.
is,
good humor,
but the present generation
members of
through a country
may
kept merry by the
but feebly conceive
I
in
that early
pursued their business
their mirthful craft,
side.
—
bar yet retains some of these char-
the pervading and careless joyousness with which, time, the
pleasant ad-
tlieir
ventures, and to set flowing the currents of mirth and
mean no disparagement
to the learned
and gay profession, but, on the contrary, some commendation of the kindly spirit of
dents of
its
its
brotherhood,
when
say, that in these inci-
I
character and association, there was manifested some-
thing of the light-heartedness and improvidence of the old-fash-
The
ioned strolling theatrical companies.
present generation will
bear witness to many an ancient green-room joke of the
which
yet floats
abroad
when
in Virginia,
was first cast William Wirt was well known
notable than
it
off.
in these
associations of Albe-
marle and the surrounding counties, an admired object
house during the day, a leading eloquent on the
field
circuit,
with a currency scarcely less
spirit
in
the
in the
court
evening coterie;
of justice, sustaining his client's cause with a
shrewd and sometimes brilliant skill; not less eloquent at the table or the mess-room, where his faculties were allowed to expatiate through another range, and where he gave reins to the wit and mirth which shook the roof-tree, ^ye may not wonder that, in
WALKER GILMER.
FRANCIS
68
[1794-1799.
forgotten, and that the
maxims of caution were enemy of human happiness, always lying at
make prey of
the young, should sometimes steal upon his
the symposia of these days, the graver
lurch to
guard and make his virtue prisoner. The too frequent recurrence of these misadventures
in that
day,
have furnished food for much gross calumny in regard to him, and have led to the fabrication of coarse and disgusting charges of
The I am persuaded are utterly groundless. Mr. Wirt have seen with regret, that the most offensive of these inventions have sometimes been used, with many fanciful and absurd additions of circumstance, by indiscreet zealots in the vulgar excess, which friends of
cause of temperance,
who have seemed
to think
it
quite excusable
to repeat and aggravate the most improbable of these falsehoods, for the sake of the profit wliich they suppose may accrue to the world from the use of a distinguished name to point the moral of
their story.
Whilst not seeking
to extenuate the irregularities to
whicb I have alluded, beyond what they may fairly claim from the circumstances in which they were indulged, and, indeed, recuring to
them only with
occasion
now
before
profound regret,
a
me
to pass
denunciation of the libels
I
and malicious exaggeration
by
I
could not allow the
w^ithout this
open and distinct
have seen, and of the terms of wanton in
which they have been repeated.
Francis Walker Gilmer, the youngest son of the Doctor, will be At the time of often referred to in the course of this narrative.
As he grew towards manhood he developed a high order of talent, which led him to the He was study of the law and to the eager pursuit of letters. Wirfs marriage he was
but a child.
eminently qualified to excel
both.
in
An
early death, however,
deprived the bar of the promised distinction which seemed to await the student; and the literature of the nation has been enriched only to the amount of a few unstudied essays, which acquired a temporary distinction from the presage they atforded of what the
author was capable of accomplishing.
Some
of
my
readers will
probably remember a few rapid, striking and scholar-like delineations of eminent public men, which, some twenty years ago, attracted a large share of attention at the seat of
the
title
Government, under
of "Sketches of American Orators."
collected into a small volume,
I
These sketches,
believe constitute nearly
all
that
CHAP,
DABNEY CARR AND
v.]
Francis Walker Gilmer has
left in
HIS FAMILY.
the
way
69
of a contribution to the
literary store of the country.
Mr. Jetlerson's friendship for Dr. Gilmer was extended to the was educated almost entirely under the direction
son, and Francis
of the proprietor of Monticello, whose estimate of his talents and learning
was frequently manifested both,
in
and personal intercourse, by the most
He
confidence.
enjoyed,
in
written correspondence
flattering expressions
of Mr. Jefrerson''s friend, the
Abbe Correa, some time man of distinguished
to this country, a
from Portugal
and always a most welcome and admired visiter I
may mention
of
scarcely inferior degree, the esteem
in this place, that
at
the family of
Minister erudition
Monticello.
Pen Park has
been recently more conspicuously brought to the view of the public,
by the
interest attached to the career of
Thomas Walker
Gilmer, a grandson of the Doctor, not long since governor of VirSecretary of the Navy, which post he held
ginia,
and later
for a
few months under the disastrous administration of the
still,
first
Vice-President who has ever been called to the Presidental chair The bursting of the great gun, " the Peace-Maker," of the Union,
on board of the Princeton, bered
in
in
February, 1844, will long be remem-
Virginia for the sudden and melancholy end
to the Secretary, then in the prime of vigorous
it
brought
manhood and
in
the
anticipation of a life of increasing honors.
Wirt, as
rode the to court,
forth
I
have hinted, was not the most sedate of
circuits.
when
more
who
the gentlemen of the bar, booted and spurred, rode
like
huntsmen than learned clerks,
—
or, like the
terbury pilgrims, partially united the character of both, ness
all
In those old-fashioned progresses from court
was no very popular
Can-
— sedate-
Amongst those who Dabney Carr was was a companion and
virtue in the troop.
constituted Wirt's associates on these occasions,
James Barbour, also, These friendships, so early began,
the most intimate. friend of both.
lost
nothing of
their kindness or sincerity, throughout the vicissitudes and separation of after
life.
Dabney Carr, the father of the gentleman I have just named, was a man of high consideration in the state. He was a member of the Legislature
known
in
1773, from Louisa, and most favorably
for his ability and zeal on the side of the colonies, in their
resistance to the encroachments of the parent government.
He
DABNEY CARR.
70
was
the intimate friend of Henry, Nicholas, Lee, Pendleton, Jef-
ferson, in
[1794—1799.
— indeed of
promoting the
With Mr.
who had become distinguished movements of the revolution.
in Virginia
Jefferson he had a nearer connection, having married
He
his sister.
all
first
died in
May, 1773, almost immediately
after the
which he had distinguished himself by the spirit and eloquence with which he urged the proj)Osition, then first introduced by himself, for a more effective and concentrated action of the colonies through the means of commitadjournment of that Legislature
tees
—a
in
proposition which, being adopted, seems to have stimu-
lated the formation of the
behind him six children, of
first
He
Continental Congress.*
whom
were
the three youngest
left
sons,
Peter, Samuel and Dabney.
was born but a month before more than half a year the junior of his friend and comrade. Wirt. These two young men, so near the same age, living in the same part of the country, practising at the same bar, possessing great similarity of temper and character, both animated by the same ambition, contracted an affectionate intimacy which never afterwards lost its warmth, and which, as the reader will hereafter perceive, was most pleasantly illustrated in the correspondence between them to Dabney, the youngest of
these,
the death of his father, and was, therefore, not
the latest period of their lives.
Peter Carr, the eldest of the three brothers, attracted the par-
and regard of his uncle, Mr. Jefferson,
ticular notice
published correspondence will be found
cern he took
in
the education of his nephew.
tion.
He,
was regarded
the pleasures of philosophical and
liis
to distinc-
literary study,
where he
lived
life
and
betook him-
greatly beloved
by
friends for his bland, affectionate and upright character, and
admired by
all
who knew him
as a polished and elegant scholar.
Colonel Samuel Carr, the second of these sons, an opulent country gentleman, well *
much more
as the best avenue
however, did not practise, but, preferring rural
self to a farm in Albemarle,
whose
the con-
This gentleman had
directed his attention to the bar, which at that date,
even than at present,
in
many evidences of
See Mr. Jefferson's
vol. 4, p. 271.
letter to
Dabney
known both
Carr, April, 1816.
is
still
in the
living,
political
Writings of Jefferson,
CHAP,
ANECDOTE, A PROPHECY.
v.]
71
and social circles of Virginia, as one of her most valued citizens. He resided, during a great portion of his life, upon a landed estate in
Albemarle, called Dunlora, and represented his district
State Senate,
in the
where he acquired an extensive and well deserved
intluence. It
was
in the circle
of which these gentlemen were amongst the
most prominent members, that Wirt found the cherished companions of his early forensic
An
life.
worth
incident, connected with this period, is
relating.
James Barbour, Dabney Carr and Wirt, were on their customary journey to Fluvanna, the adjoining county to Albemarle, to attend the court there, " the State of Flu," as that county was called in their jocular terms.
They had been amusing each
other
with the usual prankishness which characterised their intercourse.
making clever speeches, as they rode together. In these, he was wont to imagine some condition of circumstances adapted to his displays. Sometimes he rode ahead of his companions, and, waiting for them by the road side, welcomed them, in an oration of mock gravity, to the confines of " the State
Wirt was noted
for
of Flu," representing himself to be one of
its
there to receive the distinguished persons into
whom
formed the young attorneys of the
These
circuit.
dignitaries, sent
he had trans-
exhibitions, and
others of the same kind, are said to have been of the most comic spirit,
and
to
have atforded many a laugh
time of the incident
I
am
to the actors.
about to relate, the three
whom
At the I
have
mentioned, arrived at Carr's Brook, in Albemarle, the residence of
Peter Carr, where they dined and passed the night. visit,
During
this
whilst indulging their customary merriment, Barbour enter-
tained
them with
a discourse
upon the merits of himself and
his
companions, in the course of which he undertook to point out " You, Dabney," said their respective destinations in after life. he, " have indulged a vision of judicial eminence. gratified,
and
shall
peals of Virginia.
You
shall
be
hold a seat on the Bench of the Court of Ap-
Your
fortune, William," he continued, address-
ing himself to Wirt, " shall conduct you to the Attorney Generalship of the United States,
where you
do than making bombastic speeches
shall
have harder work to
in the
woods of Albemarle.
LETTER TO CARR.
72
As
for myself,
I
shall
be content to take
[1794-1799.
my
seat in the Senate of
the United States."
This little passage in the lives of the three gay companions, has only become notable from the singular fulfilment of the jocular
prophecy
respect to each of the parties.
in
after the marriage of his daughter,
Within a year or two
Doctor
which became necessary upon this event, a portion of it, known as Rose Hill, was allotted to the young wife and her husband, and here Wirt built a Rose house, which thenceforth, nominally, became his residence. Gilmer
Hill
In the division of his estate,
died.
was
in the vicinity
Pen Park, and as its new proprietors much of their time in the family
of
had no children, they spent so
mansion, as scarcely to allow us to say they had clianged their Amongst the several letters of Wirt, which have dwelling place. affording evidence of the
Pen Park,
them
this period, I find
been preserved, belonging to
all
dated at
the writer had
fact that
I not ceased to regard himself as an inhabitant of the domicil. spring in the written, am tempted here to give one of these letters
of 1799, to his friend Carr, which, dealing with a matter of no
more importance than an interest the reader by the ness of
its
invitation to dinner,
picture
it
may, nevertheless,
affords of the light-hearted-
author.
And I I cannot go over to see you to-day, my good friend. have almost as many, and as solid reasons for my conduct, as Doctor Ross had for not wearing stockings with boots. The first ''
of his was, that he had no stockings, and his catechiser was satisfied.
"
Let us see whether you will be as candid.
Firstly.
come from
— We have a troop of
afar,
and
whom we
visiting cousins here,
cannot, you
who have
know, decently
invite
to leave our house.
" Secondly.
— We
have, perhaps, finer lamb and lettuce to-day,
for dinner, than ever graced the table of Epicurus, not to imply
meaning
any thing to the dishonor of Donlora or Dun\ora,
something,
I
"Thirdly.
— or
forget what.
— Mr. Ormsby
is
here,
who
brings an historical, topo-
graphical, critical, chronological and fantastical account of
tucky and its inhabitants. " Fourthly. To conclude,
—
upon the receipt of
this,
we have determined
you are
that,
to start for this
Ken-
immediately
place; for, you
CHAP,
LETTER TO CARR.
v.]
73
observe, that the same reasons which justify
prove the propriety, and,
I
hope you
my
staying at home,
will think, necessity of your
coming hither." * * I
have to acknowledge
my
indebtedness, for
much
of what
I
have been able to
Doctor Gilmer, and Mr. Wirt's connection with it, to the kind assistance of the Hon. Wm. C. Rives, of Castle Hill, in Albemarle, and of his friend and neighbor, Mr. Franklin Minor, a grandson of Doctor Gilmer. I may take this occasion also to express my obligations to Mr. David Holmes Conrad, collect relating to the family of
of Berkeley, for some interesting particulars relating to Judge Carr, and to Messrs. John R. Thompson, of Richmond, the accomplished editor of the Southern Messenger, and John
M.
Muschett, of Charles county, Maryland,
for
very acceptable
and professional history of Mr. Wirt. To numerous other friends I owe the same acknowledgment for many favors received in the course of my occupation upon these memoirs, and must content myself with this general proffer of my thanks, for services which have not been less useful to me than they have been indicative of the highest appreciation of the worth of the contributions respecting the early
subject of
my
VOL.
labors.
1
—
life
CHAPTER
VI.
1799 — 1802. HAPPY LIFE AT PEN PARK MISFORTUNE.— DRATH OF HIS WIFE.— RELIGIOUS IMPRESSIONS.— DETERMINES TO REMOVE TO RICHMOND.— ELECTED CLERK TO THE HOUSE OF DELEG.\TES.— NEW ACQUAINTANCES.— PATRICK HENRY.— RESOLUTIONS OF NINETY-EIGHT.- RE-ELECTED CLERK AT TWO SUCCEEDING SESSIONS TEMPTATIONS TO FREE LIVING TRIAL OF CALLRNDER FOR A LIBEL UNDER THE SEDITION LAW WIRT, HAY AND NICHOLAS DEFEND HIM COURSE OF THE TRIAL A SINGULAR INCIDENT JUDGE CHASE.— NULLIFICATION FOURTH OF JULY ORATION EMBARRASSED
—
—
—
ELOCUTION.
The
term of his residence
in
Albemarle
may be reckoned
as
He came
to
marking the golden days of William Wirt's youth. this legion poor,
and
we may
say, without friends
—
such friends as open to us the road to fortune. rienced useful
in
the business of
knowledge, not yet
life,
at least,
without
He was
inexpe-
provided with no great store of
sufficiently acquainted
with the strength
or value of his faculties to give him assurance of his titness for the
which alone the career he had chosen might beWe may imagine him also, neither over-condiscretion nor sanguine in his dependance upon the
contests through
come prosperous. tident in his
guidance of his judgment.
Yet here
it
was
his happiness to wit-
ness the quick growth of esteem and consideration
:
to
become which
conscious, day by day, of the unfolding of those talents
were adequate
to the winning of a
good renown.
Here
he'
found
himself growing, with rapid advance, in the affections of a circle
of friends, whose attachment was then his path, and
which promised a not
felt as
a cheerful light
less benign radiance
upon
over his
But above all other gratifications, here it was that he became an inmate of that delightful home which love had furnished, and which wise counsel and instruction made as precious
future days.
to the
mind, as
We err if
its
we
other allurements had
believe that a
life
made
it
to the heart.
of unmixed content
is
auspicious to the fortunes of a young aspirant for fame.
the most It
need
not be told to those wiio have been most active in the emulous
CHAP
trials
MISFORTUNE.
VI.
by wliich consideration
order of talent stands pointment to stimulate
enjoyment
is
won
in
the world, that the highest
need of the spur of occasional disap-
in its
is
75
vigor, nor that a career of uninterrupted
apt to dull the lustre of the brightest parts, and ex-
tinguish the ambition of the most generous and capable natures.
Adversity
is
not unfrequently the most healthful ingredient in the
cup of human experience, and the best tonic to brace the mind for those encounters in which virtue is proved and renown achieved. Wirt was brought to the test of this trutb more than once during
happy sojourn amongst the delights of Pen Park. AVe have already noticed the death of Doctor Gilmer, his in-
that period of
structor, guide and friend.
year of his marriage a
In the fifth
more severe calamity fell upon him, in the event came with an overwhelming anguish, first,
loss of his wife. to
certainly the most painful lesson of his
tainty of
human happiness and
teach him, life,
if
This not the
upon the uncer-
the duty of establishing our hopes
upon surer foundations than the treasures of
earth.
observable in the early letters of Mr. Wirt, some occasional indications of that sentiment of reverence for religious subjects, which, towards the close of his life, had expanded into the
There
is
prominent characteristic of his mind.
No
occasion of hilarity,
no companionship of wild and careless spirits, no youthful indiscretion seems ever to have betrayed
him
into the profanation of
subjects esteemed sacred, or to the practice of the scoffs and jests
which are too currently indulged
in
the festivities of thoughtless
youth, or of unthinking age.
The
death of his wife naturally strengthened this sentiment and
furnished occasion for the improvement of his heart, in the enter-
tainment of more earnest pursuit and study of religious topics.
do not mean
to affirm that this event led
demeanor
in
influence in impressing
to
any external pro-
any very perceptible degree, the presence of the world ; but it had its
fession of religious duty; or that
altered his
him
I
it,
in
more deeply upon
his character that pro-
found sense of the sacredness of spiritual truth, and the solace of christian faith, which every healthful, reflective mind finds in the
by the death of those we love. to be thrown upon the world. His marriage had been without children. There was no tie but that of friendship and the remembrance of an over-
meditations which are prompted
The
time had
now come when he was once more
—
:
REMOVES TO RICHMOND.
76 thrown
afTection, to hold
world was
still
him
before him
prize of ambition than
it
;
He was
to this spot.
not less promising in
had been.
[1799—1802.
The
young.
offer of the
its
Friends beckoned him to the
An aching memory drove him from the him. The mind torn by grief yields readily
labors of a fresh contest.
scenes that surrounded
to the solicitations of adventure, and finds a double stimulus to ac-
escape from present suffering, and the hope to
tion, in the desire to
surround
He
itself
with ne^v objects of
affection.
determined to establish his residence
in
Richmond.
Before
he abandoned Pen Park, he placed a tablet over the grave of her
who had
first
tells, in brief,
for
it
brought him to
this spot.
The
inscription
upon
nearly the whole history of this portion of his
it
life
speaks of the two events most indelibly impressed upon his
heart, and the sentiment that filled
which they
dates to
up the interval between the two
refer
"HERE LIES MILDRED, Daughter of George and Lucy Gilmer, Wife of William Wirt. She was born August 15th, 1772, married May 28th, 1795, and died Sept.
Come
round her tomb each object of
17th, 1799.
desire.
Each purer frame inflamed with purer fire. Be all that's good, that cheers and softens life. The tender sister, daughter, friend and wife. And when your virtues you have counted o'er. Then view this marble and be vain no more."*
Thus closed a short episode in his life, which comprehended some five years of early manhood, illustrated by his first access to that circle of friends who became the solace of his after days, and by the experience of the purest of all delights, the associations of the domestic hearth,
The
its
affections
and
bitterness of that misfortune
its virtues.
which broke
in
upon
this
period of content, for a time suspended his practice, and drove
him to other scenes and occupations. where the Legislatuie was in session. am
He
went
His friends
to
Richmond,
in that
body
But I believe they were more conversant than I am with the stores of this kind of literature, should be able to trace them to another author, he will excuse my error. They resemble in style and stiucture some few poetical effusions of Mr. * I
WT-itten
almost afraid to claim these verses as original.
by Mr. Wirt.
W. which
If
have come to
my
my
reader,
hands.
CHAP.
CLERK OF THE HOUSE OF DELEGATES.
VI.]
77
persuaded him to become a candidate for the post of clerk of the The emoluments of this office were suffiDelegates.
House of
cient for his comfortable support; and the duties belonging to
it
not so engrossing but that he might pursue his profession
were
whilst he held
The
it.
tion to be regarded
was new,
as an
office itself
was one of
by a young man,
advancement
in
to
suthcient considera-
whom
the career of
all
life.
public station It
had been
by Chancellor Wythe, by Edmund RanWirt was dolph and others of name and fame in the State. elected, and forthwith entered upon its duties. This appointment was so far serviceable to him that it brought him into acquaintance with some of the most distinguished men of Mr, Madison, whom he had previously known, Mr. the day. Giles, Mr. Taylor of Caroline, and Mr. Nicholas, were members of the Legislature at this session. Patrick Henry had also been occupied
past time,
in
elected to a seat in the
House of Delegates, but
his death,
which
took place a few months alter his election, deprived Wirt of the opportunity to
make
a personal acquaintance with, or even to see,
became
the great orator
whose fame
commemorate. Mr. Henry's
participation in this
to with a
it
his province afterwards to
Assembly had been looked
most profound interest throughout the
State.
The
cele-
Resolutions of Ninety-eight had passed at the previous
brated
Henry's
session.
hostility to these resolutions
had awakened
his
characteristic zeal in the cause of the country, and had brought
him out from
his retirement,
tield of his old renown.
once more to seek active duty
This was
at a
time
when
in the
his constitution,
greatly shaken and enfeebled by disease, had left him physically
but the
may
wreck of what he had been, though
infer,
from what
is
told of the eagerness
in
mental power,
we
with which he threw
himself into this contest with the distinguished
men who
sustained
the resolutions, his infirmities had not yet lessened his confidence,
nor quenched the ardor of his matchless eloquence.
He
had sided
with the Federal Government on the questions which gave
rise to
those resolutions; and had expressed himself to the electors in his
county, during his canvass, tility
against the position
in terms of deep and unalterable hoswhich Virginia had assumed at this
crisis.
In his addresses, on this occasion, to the people,
ancient
fire
VOL.
seems
1—7*
to
all
his
have rekindled, and there was every indica-
PATRICK HENRY.
78 lion given that, in the
which he was
[1799—1802.
approaching session of the Legislature to
would be heard
elected, his monitory voice
in
rebuke of the proceeding of the previous Assembly, as clear and as stirring in
its
notes, as of old
tion
it
had been heard, above the din
The
and tumult of the Revolution.
side he
was remarkably unpopular.
was
It
had taken on
this ques-
opposition
in
the
to
opinions of the great majority of the people of Virginia, and to
His
that of the most venerated and powerful political leaders. hostility
had raised Mr. Madison and
have already referred,
compeers, to
his
to the defence of the resolutions, and
every where hinted that the coming session was
So strong was
traordinary interest.
whom it
I
was
be one of ex-
to
Henry were
the feeling against Mr.
for his course in this juncture, that his oldest and best friends
Some excused what was
alienated from him. tions,
ble,
imputed them to worse motives:
friend and
enemy, with intense
probably the
last
scene
all
in
looked to him, however, conscious that in
all
hear this,
would be rescue, to save him
in his public life, a great effort
to sustain his fame.
from a contest
Death came
to his
which, whatever might be the weight of his
wisdom, the glory of
however
—
interest, to note his conduct,
and weigh his opinions;
his argument,
made
called his aberra-
on the ground of his age and infirmities; others, less charita-
his eloquence, or the integrity of his heart;
brilliant the
exhibition of
all
these, they
would have
proved unavailing either to conciliate the friendship of estranged compatriots, or to overcome the hostility of the excited numbers
who had might,
in
already prejudged and condemned him.
no event, be won for the day
in
His triumph
which he
only could be regarded as the true arbiter of his wisdom. less,
when he
Time
lived.
Doubt-
resolved upon that contest, he sought no guerdon of
applause from the present; he looked only to the future. sage
who
has
filled
the measure of his days, and
The
who, standing
upon the margin of the grave, has no longer a motive to temporize with human passion or succumb to personal interests, scruples not to defy the world"'s opinion and to utter
generation around him,
He
—has even a
unwelcome
appeals to posterity for judgment, and
coming.
Old age contemplating
instinctively inclines to
reckon
its
truth to the
positive pleasure in this duty. is
content to bide
its
access to the world of eternity,
itself as associated
with the future,
CHAP.
RESOLUTIONS OF NINETY-EIGHT.
VT.]
and therefore more delights
which
to that
How
far
it is
to
79
speak to a coming generation than
about to leave.
Mr. Henry's opinions, in regard to the famous " Resobeen justified by what has been de-
lutions of Ninety-eight," have
veloped since, pleasure
importance of
and
a speculation which
is
political events in the time
remark how often and how
to
may amuse
who
those
take
exploring the tendency of the mind to exaggerate the
in
of their bringing forth,
significantly
Time
satirizes man's
wisdom, by turning the current of his fancied great exploits into channels which lead to nothing, losing their stream in the sand.
These
resolutions, so noted,
and have been cast
have already served out their time,
into the great receptacle of abstractions, as
things of no useful import.
Professing to be expositions of the
they already require expounders themselves; and,
constitution,
apparently, being scarce
deemed worthy of
mentator, they have been abandoned to their seen only as a buoy, floating where there
is
com-
the study of a fate.
They
are
now
no shoal, and warning
the navigator of dangers to which he has learned to trust his keel,
without precaution or alarm.
however, was the excitement against Mr. Henry, at I have referred, that, upon the announcement of death to the Legislature, and the suggestion of a monument to
So
great,
the time to his
which
commemorate
the
gratitude of Virginia in
patriot and orator, party zeal so far
behalf of the great
triumphed over the honorable
pride of the representatives of the State, as to dismiss the propo-
And, from the silence of the journals of subsequent
sition.
latures
upon
this proposal, the dismissal
Wirt served,
in his
new
office,
probation, through the session, and in the
two succeeding
years.
seems
with credit and
was
acquaintance
have been full
legisfinal.
public ap-
re-elected to the
If the society
afforded him, during his term of public duty, his
to
same post
which Richmond seemed
to extend and good repute with those whose esteem is
amongst the most precious things of life to a young man, it also brought him into some of those perils to which he was, from his
The Legislature was a concourse of gay and ungoverned youth, as well as of wise and sober age.
character, peculiarly exposed.
The
city in
which the Legislature
old, for its choice spirits, its
sat
men of
was somewhat
Avit
noted, of
and pleasure, and
manifold inducements to tax the discretion of those
who
its
had no
TRIAL OF CALLENDER.
80
[1799— 1S02.
The meet the requisition. young clerk of the House was a great favorite with all. Every door was opened to him every gay circle welcomed his coming, and the favor and admiration of friends were overpaid, by draughts on an exchequer which sufl'ered more from what it regreat store of that commodity to
;
ceived, than from what
it
disbursed,
which could not be exhausted often, lost
its
guidance
in
—
a witty and playful spirit,
outpourings, but which, too
its
cloud of homage
in the
it
brought around
itself.
This portion of
his life,
Mr. Wirt,
in his
own review
accustomed to consider as one of great temptation. the midst of
its
necessity of a
it,
was
Indeed, in
enjoyments, he was often led to reflect upon the
more severe devotion
ceived them to be,
He
of
in the
to his better aims, as
he con-
steady pursuit of his profession.
held the post of clerk of the
three sessions of the Legislature.
House of Delegates, during In the
year of
first
this
term
of service, he was brought somewhat conspicuously to the public
This person, who seems who had been equally, at differWashington, of Adams and of Jef-
observation as the counsel of Callender. to
have made a trade of
libelling,
ent periods, the calumniator of
was
ferson,
indicted in the spring of
1800, at the instance of
Samuel Chase, then the presiding Judge of the Federal Government over the Circuit which comprehends Richmond, for the publication
of a pamphlet which had gained an extensive notoriety,
upon the existing adminis" The Prospect before us,"
at that period, for a scandalous assault
This pamphlet was
tration.
and
is
yet
entitled
remembered by many,
acrimonious tracts connected that day.
The
as one of the
most pungent and
with the political
excitements of
indictment of Callender was one of the
cutions under the sedition law.
The enactment
first
prose-
of that law had, in
part, supplied the topic to the Virginia Resolutions, which, as
we
have seen, were yet, a prominent subject of public discussion. The impolicy of this law, and the eager denunciation of it by a powerful and, indeed,
now predominant
party in the Union, gave
to the prosecution of Callender a factitious importance, very
above what either the book or on the score of their
The
own
its
significance.
counsel for Callender were George
borne Nicholas, both young
much
author might have challenged
men
Hay
and Philip Nor-
holding a most respectable posi-
CHAP.
COURSE OF THE TRIAL.
VI.]
81
Richmond bar. AVirt was associated with them in the was the youngest lawyer of the three. The case seems to have been a clear one, and Callender was convicted. In the impeachment of Judge Chase, some five years later, before the' Senate of the United States, it was charged against him, in refer-
tion at the
cause, and
this trial, that his
ence to
conduct during the whole course of
it
was marked " by manifest injustice, partiality and intemperance." Amongst the specifications to sustain this charge were the following:
" In the use of unusual, rude and contemptuous expressions towards the prisoner's counsel, and in insinuating that they wished to excite the public fears and indignation, and to
subordination to law to
same time, manifestly tend. " In repeated and vexatious abandon their cause and their
in-
did, at the
interruptions of the said counsel,
on the part of the said judge, which and condemned to
produce that
which the conduct of the judge
client,
at length
who
induced them to
was thereupon convicted
and imprisonment.". Judge Chase was known to be of a peremptory and absolute temper and the testimony upon his impeachment shows, what, at least, may be said to be, a severe and perhaps discourteous bearfine
;
But as an answer to the
ins towards the counsel in this case.
charge of manifest
injustice, partiality
and intemperance
meanor, the unanimous vote of acquittal of the Senate
We
may
in the case,
—
is
in his
de-
— the only unanimous vote
conclusive.
infer, therefore, that the
abandonment of the defence
of Callender by his counsel, was one of those theatrical inciwhich ingenious advocates are sometimes cowps de theatre dents
—
known
to contrive, as
more
efficacious in the
way
of defence,
than the attempt to breast an array of inevitable and discomfiting facts.
Such
a device
seems well suited to a
auditors and jury are supposed to have
good wishes with the prisoner.
It
was
all
state trial, in
which
their sympathies
and
a political affair, in public
estimation, and the retirement of counsel, under the pretext of be-
by the hectoring temper of the judge politically the prisoner, was likely to be regarded not as a confes-
ing driven off hostile to
sion of the guilt of their client, but as an appeal to the jury, and
an invocation to them to take him into their protection. The facts, however, were too clear against Callender, and the adroit
a;
COURSE OF THE TRIAL.
82
[1799—1802.
counsel were disappointed in the efficacy of the movement,
were dictated by the considerations
We
must, however, confess that
if it
have suggested.
I
tlie
dogmatism of the judge,
not to say the positive harshness of his treatment of the counsel,
may have been
the true and only motive for their retirement;
although the point might be strongly argued against the right of
an advocate,
in
a cause \vhich
he conscientiously believes to be
good, to desert his client and leave him to his
fate,
under any
amount of provocation or insult from a judge, which did not actually disable him from performing his duty. Mr. Hay and Mr. Nicholas were both examined as witnesses
From
on the impeachment.
their testimony
appears that the
it
was upon the constitutionality of the sedition la\v, which point, it would seem, they were desirous should be submitted to the jury. The judge was chief, if not the only defence of Callender,
known
be unalterable
to
in his
view of the constitutional question
and there being no hope from him, the counsel insisted upon the
power and
the right of the jury to nullify the act of Congress
we may
heresy,
call
it,
which has been revived
in
;
—
a later day,
and which has fared no better with the American people than did upon the
first
production, with Judge Chase.
its first
and almost the only
eight, has been,
crumbled
from
into dust
first
whenever
Our young advocate lates to
fruit of the
to last, a it
it
This doctrine,
Resolutions of Ninety-
Dead Sea apple which has
has been lifted to the
figures in this scene.
I
extract
lips.
what
re-
him from Mr. Hay's testimony before the Senate.
" It was the intention of the counsel of Callender," says that gentleman, upon his examination, " to defend him on the ground of tiie
unconstitutionality of the sedition law.
were associated with me preceded me
The gentlemen who argument, but were
in the
not permitted to address the jury on the point
treatment experienced by Mr. Wirt,
He was
I
I
The
mentioned.
have, in some degree, re-
two or three times by the judge, for the which he was contending, that the jury had the right of determining the law as well as the fact, was true. Mr. Wirt then stated that the constitution Judge Chase told liim there w^as the supreme law of the land.' was no necessity for proving that.' Mr. Wirt then went on to argue lated.
purpose of
—
interrupted
telling
him
that the doctrine for
—
'
'
'
that if the constitution
was
tlie
supreme law, and
if
the jury
had a
CHAP.
COURSE OF THE TRIAL.
VI.]
right to determine both
tlie
law and
83
of the case, the conclusion
fact
perfectly syllogistic, that the jury had a right to determine
was
upon the constitutionality of the law.' Upon this, the same testimony states, Judge Chase replied, " That's a non sequUur, sir." " At the same time," says Mr, Hay, "he bowed with an air of Whether Mr. Wirt,"— he continues, "said any thing
derision.
Mr. Hay then detailed
do not recollect."
after this, 1
course in the argument: his urging question for the jury as
—"
think
me whether
judge asked
well as criminal cases,
wrong.'
was I
replied that
I
sufficient for
my
went on as well as
'
I
words used,
I
purpose
he told
'
there
'
I
to contend.
I
was
this doctrine in civil as
if it
'
me
do not
to
you do you are
if
universally true, but that
it
What
recollect.
My
I
was no necessity
I
was
the circumstances were, or
believe that
I
I
was
inter-
impressions then being that I should
When Judge go on.
it
applied to criminal cases only.
was able with the argument, when
I
retired from the bar.
that
down
tmdergo more humiliation than I
be obliged to
said
laid
considered
I
rupted more than twice.
tiring,
meant
because,' said he,
again interrupted by the judge. the
I
to determine the guilt or innocence of the traverser.
which was
The
was a
that the jury had a right to determine every question
was
it
own
his
that this
stated to the court, in terms as distinct
purpose for whicli
could, the specific
I
I
upon the judge
him
told
for
not captious, and that
coyiceived necessary^ I
Chase found
my
that
'
I
was about
I
would
being captious.'
would not proceed
I
mediately retired from the bar, and,
I
replied
;'
and im-
room
believe, from the
I
re-
He
not.'
in
which the court was held." Mr. Nicholas says,
after
Mr. Wirt
sat
and^was not interrupted by the judge.
down, "
I
followed him,
Mr, Hay followed me, and
observed that the jury had a right to decide the law. asked him whether he meant because
if
in civil as
he did he was wrong.
Mr.
well as
Hay
ceived the proposition to be universally true ficient for his
proceeded a
purpose
little
Hay
and
ice left it at the
replied that he con-
— but
that
was again interrupted by
then stopped, folded up his papers and
same
lime.
Mr. Chase
criminal cases,
applied to criminal cases.
further and
Mr.
not."
if it
in
What happened
left
was
it
He
suf-
then
the judge. the court;
afterwards
I
know
:
SINGULAR INCIDENT.
84
[1799—1802.
So, the three young lawyers trooped out of court, with their
Hay
papers bundled up.
led the van, and
young Wirt, with
his
laughing eye and sly waggish face, casting queer glances, no doubt, right and left
amongst the bar inside of the
tators outside,
brought up the rear.
railing
and the spec-
This was a scene under the Resolutions of Ninety-eight. Calwe must suppose quailed now, on being deserted by his
lender,
champions, before the awful majesty of Chase's brow.
we may the
crowd moved
The
state.
The
jury,
imagine too, were affected to indignation and anger, and to pity at
Callender's forlorn
bar, perhaps, indulged a
pered in their sleeves,
little
some laughing
secret
and friendless
comment,
— whis— and
hints of miscarriage;
the three retired counsel, after wearing the face of indignant patriotism for a limited time,
others' office,
we must
when they
believe, had
got together at one or the
some rather jocular misgivings
whether Callender would fare the better for
at
or congratulated themselves at getting out of a case
nullification-, tliat
this first effort
pretty sure to go awry. Judge Chase came to deliver the opinion of the court, language, in reference to the question which seems to have
was
When his
raised the indignation of the counsel,
"
I
will assign
my
why
reasons
I
was
as follows
will not permit the counsel for
ofl'er arguments to the jury, to urge them to do what the constitution and law of this country wnll not permit, and which if I should allow, 1 should, in my judgment, violate my duty, disregard the constitution and law, and surrender up the judicial
the traverser to
the United States.
power of " The jury
statute
who
By
#
on which the traverser
shall try the
law and the cases.'
#
#
#
fact,
# is
*
indicted, enacts that
'
the
cause shall have a right to determine the
under the direction of the court as
this provision I
jury to determine what the
understand that a right
laio is in
is
in
other
given to the
the case before them, and not
to decide whether a statute of the United States produced to them is a laio or not, or whether it is void under an opinion that it is
unconstitutional ted States.
—
that
is,
contrary to the constitution of the Uni-
CHAP.
FOURTH OF JULY ORATION.
VI.]
"I cannot conceive termine whether
that a right
the statute,
To
constitutional or not.
85
given to the petit jury to de-
is
under which they claim
this riglit, is
determine the validity of the statute,
the Constitution of the United States must necessarily be resorted to and considered, and
its
provisions inquired into.
It
must be de-
termined whether the statute alleged to be void, because contrary to the Constitution,
Was
plication.
it
is
prohibited by
it
expressly or
by necessary im-
ever intended by the framers of the Constitution,
or by the people of America, that
it
the examination of a jury to decide
or impliedly imposed by
it
should ever be submitted to
what
restrictions are expressly
on the National Legislature
possibly believe that Congress intended
by the
I
?
cannot
statute to grant
The man who
right to a petit jury to declare a statute void.
a
main-
must have a most contemptible opinion of the
tains this position
understanding of that body.
But
I
believe the defect lies with
himself"
This
is
mark of
some length, in which Whether the concluding reparagraph above quoted, was designed as a reflection
a short extract from an opinion at
the question the
is
most ably argued.
personal to the counsel in the case, or not,
it
certainly
may be
re-
garded as discourteous, and indicative, perhaps, of some degree of temper, which
we may
believe to have been roused by the col-
which the trial produced. If there was any purpose of reflection upon the counsel in it, we have reason to infer that it was not specially provoked by the deportment of Wirt, towards whom the judge seems to have retained the kindest feelings. Speaking of the incidents of his trial on the impeachment, soon after it was concluded, to a friend of the young counsellor, lision
after
whom
marked it, I
:
he had inquired with an affectionate " They did not summon him on my trial.
might have summoned him myself
young man
I
said
any thing
interest,
Had
I
was only exceptionable, or which Yet
it
he re-
known to that I
have
thought of with regret since."
The
of Callender took place in May, 1800.
trial
On
the fourth
of July following, Wirt, delivered an anniversary oration, for which
purpose he had been selected by the democratic party
mond. I
am
It is
characterised
indebted for so
as "fervid
VOL.
many
by the author of the memoir
Rich-
whom
particulars contained in this narrative,
and rapid," "unpremeditated"
1—8
in
to
in its
manner, and
is
EMBARRASSED ELOCUTION.
86
said to have been
pronounced " so
little
[1799—1802.
like other prepared ora-
have been thought extemporary."
tions as to
In the early period of his professional
remarked,
his elocution
rassed.
was of
It
was
far
that character
life,
as
we
have already
from being easy and unembar-
which would be most
likely to
impart the idea that even a prepared oration, such as this to which the memoir alludes, was the extemporaneous production of the
The
occasion.
hesitation at one
moment, the too rapid flow of
utterance at another, and frequent stammering, might leave such
an impression on the hearer. Mr. Wirt, in speaking of his difficulties in this particular, once said to a friend: " My pronunciation and gesture
myself
And
utterance.
were
at this time
times, to find
if
against a difficulty,
literally
terribly vehement.
I
used, some-
stopped, by too great rapidity of
any poor mortal was ever forced to struggle it
was
I, in
that matter.
But
my
stammering
to perseverance, and, except
became at last a martyr some of my youthful fires telligible
lighted,
I
can manage
when
I
get
to be pretty in-
now."
This was his recollection, after the lapse of many years, and was always pleasantly dwelt upon by him as coupled with the reflection
how
enunciation,
by
completely he had vanquished these
difficulties
careful attention and judicious practice.
of
CHAPTER
VII.
1802—1803.
ELECTED TO THE POST OF CHANCELLOR.— VALUE OF THIS APPOINTMENT REASONS FOR ACCEPTING IT.— COL. ROBERT GAMBLE.— COURTSHIP A THEATRICAL INCIDENT SECOND MARRIAGE REMOVES TO WILLIAMSBURG LETTERS TO CARR RESIGNS THE CHANCELLORSHIP AND DETERMINES TO GO TO NORFOLK.
—
—
In the session of the Legislature which terminated
in the
winter
which Wirt was the clerk of the House of Delegates, an act was passed for dividing the Chancery jurisdiction of the State into three districts. Heretofore the whole of this jurisdiction had been vested in a single of 1802, the
of the three sessions
last
Chancellor, and
the venerable
period, discharged
its
which have placed him the country.
The
now
it
rendered
George Wythe had,
duties, with in the
in
a fidelity and
a long
for
learned
rank of the most eminent
skill
jurists of
increasing business of the court, howev^er, had
indispensable that the labor should be distributed,
and the Legislature had therefore passed the act to which
I
have
referred.
The
clerk of the
House was agreeably
surprised, before the
close of this session, to find that the Legislature had selected for one of these
new
He was
appointments.
of their purpose to confer this honor upon him,
when he was requested in
to
him
altogether ignorant until the
moment
withdraw from the House of Delegates,
order that his nomination might be made and the election pro-
ceeded with.
He was
elected
by
a
unanimous vote.
An honor
of such magnitude, conferred under such circumstances, speaks
very
intelligibly as to the estimation in
He was
held.
at this
which the subject of it was He had the
time twenty-nine years of age.
professional experience of his country practice in Albemarle, and that of
mond
some two years in the more extended theatre of the Richbut he was still what might be considered a junior at
courts
;
the bar, and scarcely in a position to attract the public attention for a post so grave and responsible in
its
duties, as a Chancellor,
MADE CHANCELLOR.
88
we
unless
[1802-1803.
suppose him to have given decided and satisfactory
manifestations of a capability to attain high eminence in his profession.
had not entered
It
mark of self
into his imaginings
which forbade him
spirit in the
men of
the brightest
now wrought
accepting of
always the quality of true genius to distrust instances of
expect such a
diffidence in him-
to solicit such a distinction,
him some perturbation of
in
to
The same
favor from the Legislature.
It is
it.
itself, for
protruding themselves
parts
upon the public, with that eager self-commendation which
we
are
—
weaker minds; but this attribute so generally tiie accompaniment of youthful merit,
accustomed to of diffidence
not
there are
call vanity, in
is
when we reckon upon it as one of the signs by which we may prophesy future success. So full of apprehension, was the newly designated Chancellor on this occasion, of his
that
we
scarcely err
ability to acquit himself in this high function
fulness, that,
—
is
it
told of him,
— he
called
with credit and use-
upon the Governor,
Mr. Monroe, then, and always afterwards, his friend, and who to do with the nomination, to com-
most probably had sometliing
municate his doubts and fears as to his suitableness either
" Mr. Monroe," says
or acquirement for the post.
"
he doubted
replied, that the Legislature,
what
it
was doing, and
point either
The
it,
that
it
not,
my
in
age
authority,
knew very
was not probable he would
well
disap-
or the suitors of the court."*
him
district assigned to
in this
appointment, comprehended
the Eastern Shore of Virginia and the tide-water counties below
Richmond.
The
duties of the station required that he should re-
side in Williamsburg, a point rich in associations with the history
of the State, and where was to be found a cultivated and refined society, in every respect most likely to prove agreeable to the tastes of the
new
functionary.
In adverting to this appointment and
lowing
its
consequences,
letter to his friend Carr, written after
in the fol-
he had reached Wil-
liamsburg, he reveals the considerations which influenced in
terms which show
how
justly
and
how
him,
deeply he was impressed
with the necessity of a more sedate pursuit of those better aims in life to
marked,
which
in the
I
have, more than once referred.
reading of the *
first
paragraph of
Cruse's Memoir.
It will
be re-
this letter, that
CHAP.
REASONS FOR ACCEPTING.
VII.]
Carr was desirous
to obtain the clerkship just
89
made vacant by
the
preferment of his friend.
Williamsburg, February
My Dear
12, 1802.
Dabnet:
This moment
received yours of the 5th.
I
You
regard to the clerkship.
will
have heard, before
First, with this
reaches
day of the session, James Pleasants was elected clerk, for the purpose of making his way easy at the next session. If, after this, you determine to offer for the place, you may expect from me all that the warmest you, that on the evening preceding the
friendship can perform.
And though
immediate scene of action,
I
flatter
last
am removed from
I
myself
I
the
could be of service
to you.
Now, tenance.
for
my
Next
dred pounds,
As
honor.
to the profit,
year, the probability
—on which
I
can
live.
it
is
a decent main-
be worth
is, it
will
And
although the clerkship,
five
hun-
my practice, would have produced more cash, yet was precarious, and therefore subjected me to the hazard of It was earned, too, by that kind of labor living beyond its limits. which left no opportunity for the further cultivation of the mind. There is another reason, entre nous. I wished to leave Richmond on many accounts. I dropped into a circle dear to me for the amiable and brilliant traits which belonged to it, but in which I had found, that during several months, I was dissipating my health, my time, my money and my reputation. This conviction dwelt so strongly, so incessantly on my mind that all my cheerfulness forsook me, and I awoke many a morning with the feelings of a madman. I had resolved to leave Richmond, and was meditating only a together with
it
decent pretext to cover
my
retreat.
In this perplexity, the ap-
pointment descended upon me, unsolicited, unthought benevolent grace of a guardian angel. I
do not
fill
with the
****•*
the office with justice, at least,
not be for want of unremitting effort on
•
of,
my dear Dabney, if to my country, it shall
Yes,
Your
my
part.
friend,
Wm. Wirt. VOL.
1—8*
90
COL.
The from
ROBERT GAMBLE.
[1S02— 1803.
Chancellor entered upon his employment, as
this letter,
with a hearty resolve to
make
we may
this event
infer
an era
from which he might date the beginning of a graver and more steadfast career of duty and self-control.
During his residence in Richmond, his good fortune brought him into an intimacy with the family of Colonel Robert Gamble. This gentleman was a merchant in that city, and was greatly esteemed for his probity and intelligence. He was wealthy, or, at least, in the enjoyment of a competency which enabled him to His fireside was familiar to the practise a liberal hospitality. most cultivated society of the time. His manners were grave and thoughtful, such as attract the deference of the elder portions of
the community, and
The
clerk of the
beyond
that of his
command the reverence of House of Delegates had
companions
who
many
spirit
of his
unfortu-
His intimacy brought him within the
it.
sphere of the attraction of one guardian
life,
perhaps, a more hazardous venture, than
this,
found
others
a special motive,
frequented Colonel Gamble's
His unguarded
house, to desire his good opinion. nately, rendered
the young.
life.
It
which our narrative has now
who was
destined to
become the
was not long after the
period to
arrived, that Elizabeth, the second
daughter of Col. Gamble, became the wife of the subject of this
memoir.
Of
all
the fortunate incidents in
Wirt, his marriage with auspicious. for
its
happy
this lady,
the
life
of William
may be accounted
the most
During the long term of their wedlock, distinguished influence upon the fortunes of both, her admirable vir-
tues, in the character of wife and mother, her tender affection
watchful
solicitude in
regard, and in
from him
all
that
a devotion
and
every thing that interested his domestic
concerned his public repute, commanded
which,
to the last
moment of
his life,
glowed
with an ardor that might almost be called romantic. In the
Wirt
to
many his
letters
wife,
which have been preserved, written by Mr.
beginning in the earliest period of their ac-
quaintance, and continued to the
under the review of the author of
last,
this
most of which have passed biography,
—
if
such confi-
dences could be published to the world, they would exhibit to the reader the most agreeable evidences of an attachment of which time had no power to dull the edge, and which not less intensely
engrossed the alfcctions of his mature age, than
it
commanded
the
CHAP.
A THEATRICAL INCIDENT.
VII.]
worship of merit of a
manhood.
his early
woman, than such
No
91
eulogy can better express the
a tribute from one so able to observe,
and so formed to appreciate female excellence.
This prize was not won without many apprehensions.
The
lover had not yet given that hostage to fortune, which might be said to strengthen the assurance of the father in the success of the
young votary.
The sible
giving
office
away
to
a daughter's hand, is a perilous
painful anxiety, even
The
Men weigh
parent.
a
when
often,
with
the foundations for hope are strongest.
we must
clerk of the House,
and respon-
this matter,
was not in the safest There are some men who
admit,
category for a father's ready consent.
ripen early, and, at eight or nine and twenty, have their
full
freight
of discretion and judgment.
There are others whose boyhood Wirt was one of these, as they who
runs into a later date.
were
intimate with
him
in
boyishness of character,
advanced
if I
may
life,
call
might it
testify.
A
certain
so, did not altogether
desert his mature age, and, indeed, often disputed the mastery in
it.
Colonel Gamble, the story goes, had his doubts whether the suitor should be presently sped in his enterprise, or whether he should
When he was consulted by the misgiving candidate on that awful point, " to be, or not to be," there wait for a longer probation.
was some demur, and
the
young gentleman was put upon
his
good
behaviour.
During
this interval, as the tale
occasion, one
summer morning,
has been told, Col.
Gamble had
at sunrise, to visit his future son-
It unluckily happened that Wirt had, the night some young friends there, and they had had a merry time of it, which had so beguiled the hours, that even now,
in-law's office.
before, brought
at sunrise, little
they had not separated.
The
Colonel opened the door,
expecting to find any one there at that hour.
His eyes
fell
There stood Wirt with the poker in his right hand, the sheet-iron blower fastened upon his left arm, which was thrust through the handle on his head was a tin wash basin, and, as to the rest of his dress it was hot weather, and the upon the strangest group.
;
—
hero of
this grotesque scene had dismissed as much of his trappings as comfort might be supposed to demand, substituting for them a light wrapper that greatly added to the theatrical effiict.
There he stood
in this
whimsical caparison, reciting, with an
SECOND MARRIAGE.
92
abundance of stage gesticulation,
His back was
We
may
Falstaff"'s
The
to the door.
[1802—1803.
onset upon the thieves.
opening of
it
drew
all attention.
imagine the queer look of the anxious probationer, as
Col. Gamble, with a grave and mannerly silence,
bowed and with-
drew, closing the door behind him without the exchange of a word.
How
long this untoward incident might have deferred the hopes
we
of the young people, Chancellorship came
in,
cannot say, but the promotion to the
most opportunely, to sustain the pretensions
new pledge
of the lover, and to furnish a ness, and in
further trial
all
Richmond on
He
was dispensed
for his future sedate-
with.
He was
married
the 7th of September, 1802.
held the Chancellorship but some six or seven months after
The
his marriage.
nearly
all
duties attached to
it
were onerous, exacting
excluded him from that various
his time, whilst they
practice upon which he had built his hopes of eminence. salary
was too small
lime of
life
he
to
felt that
meet the demands of a family, and
such a post was to be regarded rather as
The
an impediment to his progress than a furtherance.
vantage to be derived from
world of
it
was the testimony
his standing in his profession,
likely to be greatly enhanced
by
appropriate honor of professional is
past.
men may be supposed
It is
it
may life
chief ad-
gave
to the
and that benefit was not
his continuing to hold
dicial appointment, in this country,
ambitious labor
The at his
it.
A
ju-
justly be regarded as the
after the active period of
best adapted to that stage
when
anxious to exchange the severer toils of
practice for honorable elevation, and for the leisure that
may
en-
able them to digest and improve the studies which, in the impor-
occupation at the bar, generally produce fruits
tunities of full
more abundant
than ripe.
But to a young lawyer, stimulated by
the hope of fame and by the ardor of genius, intent upon mastering his profession and turning
it
of wealth, such an appointment after the
to
good account
is
but a hindrance at every step
in the
attainment
first.
These considerations were brought very cogently to his mind In the month of in the position in which he now found himself. Williamsburg, and devoted November he removed his wife to himself throughout the ensuing winter with assiduity to the duties
of his
ollice.
During
this
period he made up his mind to relin-
CHAP.
REMOVES TO WILLIAMSBURG.
VII.]
93
quish his judicial honors, and to throw himself once more upon his
The
profession.
public attention
was
at that
time strongly drawn
to Kentucky, as a field especially propitious to the enterprise of
Numbers of
the young'.
the most respectable families of Vir-
ginia had already migrated to that
State, and the marvels of
rapid growth and teeming prosperity
commendation
as to raise a general fervor in behalf of settlement
We
El Dorado of the West,
in this
its
were recounted with such have since become familiar
with these charms of western adventure, and have seen the vast wilderness beyond the Allegany spring into civilization, refinement
and luxury, with an impulse that even transcends
At that
promised.
all
that the ex-
which our narrative refers ever time, however, the promise was mainly di-
cited imagination of the
rected to Kentucky, and
day
to
tliither the
tide
of emigration from Vir-
ninia and the other central States chiefly tended.
Wirt was caught by
this
common fervor, and began seriously to new country. Friends in Ken-
meditate upon a removal to the
tucky urged him to come, painting
him
to
glowing colors the
in
success and advancement that awaited him.
Friends
advised him to go, seconding and confirming
which the
first
had used
in the
way
all
in Virginia
the arguments
of inducement.
There was,
however, one richly deserving the name of a true and generous friend,
main
who
advised a contrary resolve, and entreated him to re-
This gentleman was Littleton Waller Taze-
in Virginia.
well, then a most prominent
member of
the Norfolk bar, and sub-
sequently greatly distinguished throughout Virginia and the Union as one of the leading lawyers and politicians of that State,
advice to Wirt was to adhere to that society already experienced so
much
To
His
which he had
favor, and to establish his
advancement upon the exercise of ginia,
in
hopes of
his talents at the bar of Vir-
enforce this solicitation, Mr, Tazewell offered to share
own
with him his
practice in Norfolk, and to throw in his
every advantage which his legal connexions might put posal.
The
teristic
of the writer.
way
at his dis-
which follow to his friend have a reference to the5.e questions, amongst others, which are debated with a pleasant mixture of good sense and gaiety of temper particularly characletters
LETTER TO CARR.
94
[1S02— 1803.
TO DABNEY CARR. Richmond, February
13, 1803.
Carissime Currus:
This honor of being a Chancellor
a very
is
man be
although a
empty
thing, sto-
of honor his
full
machically speaking; that is, or in other words, honor will not go to ;
stomach may be empty
market and buy a peck of potatoes. On a year, I can live, but if death comes how
Her
live?
father and
hundred dollars
fifteen
my
will
mother perhaps dead, her
wife and family
sisters
and brothers
This dispersed to the ends of the earth, what will become of her ? bliss, but it is in my is the only rub that clogs the wheels of my
power to remove even this rub, and, in the event of my death, in a few years to leave my wife and children independent of the frowns or smiles of the world. What I have to ask you, tben,
is,
shall I, for the
sake of a
little
empty honor, forego the pleasure of this independence a pleasure which would soothe me even in tbe bour of death ; or shall I, for .?
the sake of attaining this blessed independence, and the contentment and dignity of mind which belong to it, renounce at once the starving honor
terms
in
which
which
I
I
The
me
my
friends, too,
my
counsels of
You may
possess?
it
from the
see,
my own mind
Nevertheless,
the latter renunciation. isfaction that
now
state the case, that
is in
favor of
would give me great
approved of
my
friends in Virginia and in
There
with fervor to the latter country.
sat-
plans.
Kentucky, press is
an
uncommon
and I am very strongly crisis in the superior courts of that State, would go to the bar, and bend I it. of tempted to take advantage all
the powers of
years.
my
In that time,
soul and I
sufficiency of wealth, to enable
family, and give up In the course of
so to unite able to lead
my my
body
to the profession for fifteen
have no doubt,
latter
me
days
I
should have amassed a
to retire
into the
lap of
my
to ease.
business there, too,
it
would be
my
my
study
old age, to be
my dignity with my interest as, in my sons (if I am blessed w^ith sons) upon
the theatre
of life, so as to pre-engage for them the respect and confidence of mention of their the world, that they miglit never blush at the
CHAP.
LETTER TO CARR.
VII.]
95
it were a blush of reflected honor and virtuThese are the scenes which dance before my delighted imagination, which I believe by no means chimerical
name, unless
father's
ous emulation.
on the contrary,
if I
enjoy
my
Such
ability to realize them.
the other,
possible that
it is
I
Roman
judicial honors and
I have no doubt same State) of my
natural healtii,
(from the actual experience of others is
the
in
the prospect on one hand.
may,
like
poverty.
I
On
Mr, Wythe, grow old
may
in
die beloved, rever-
enced almost to canonization by my country, and my wife and children, as they beg for bread, may have to boast that they were
Honor and glory are indeed among
mine.
but the most towering glory becomes dust in the balance
tions,
when
poised against the happiness of
you think
If
right that
it
remain are, when
shall I
sume the practice of law? As to this token? I am will
to
the strongest attrac-
make me
do
family.
so,
and
in
what country
thirty years of age;
In
forty-five.
my
should resign, the questions which
I
my
opinion a
on
toiling
ment
As
:
I
till
—so
that
I
am
ought
have no notion of
I
to lose.
In Virginia, the most popular lawyer in the
State merely
makes
the ends of the year meet,
Randolph.
have
from the gentleman
I
forty-five
too old or too infirm to enjoy even retire-
have no time
where?
to the
years more
fifteen
man of
be able to work or play as he pleases.
shall I re-
this
Virginia, therefore,
not to
is
my
taste,
my
country for
not the
or interest.
federal city
is
much time
there to take root.
thing flourishes with rapidity.
It
In the soil
Besides,
ter of the State; and, moreover,
it is
I
—
I
mean Edmund
who keeps
his books.
The
purpose.
would require too of Kentucky every
love the ardent charac-
a country calculated to give a
man his choice of modes of life. Land being cheap and fertile, he may farm it on his country seat, or dash away, when his wealth will authorise
it,
speculations is
meant
in the
down
circles of the gay, or float his
the Mississippi.
to apply to the various
This
latter
commercial
view of the subject
views of those to
whom
I
shall,
*******
with the blessing of heaven, give
Pray
let
me have your
my
name.
thoughts at large on this subject.
Heaven preserve you, Your friend,
Wm. Wirt.
LETTER TO CARR.
96
[1802—1803.
TO DABNEY CARR. Williamsburg, March »
*
You speak whicli
my
I
seem
*
me
are dear to
first left
my
The
will be painful.
have been destined to
to
native roof (at the age of seven)
where, except merely long enough
my
to let
sep-
It
is
a
more frequently
suffer
From
than almost any body else equally fond of friends. I
20, 1803.
#
*
removal to Kentucky like a friend.
many who
aration from ])ain
of
*
I
the time
have lived no-
afiections take a firm
when, either want or calamity have torn me up, and wafted into some strange and distant soil. Eight or ten times I have
root,
me
experienced
whom still
I
this
fate
be painful,
:
— and
who
love and
although
love me,
a
me upon a soil And besides, were I
friendship and love.
be almost as much Albemarle, as
those
often repeated,
would
if I
my
you and
lost to
If I
I
to
remain here,
I
should
other beloved friends in
owe you, me in this
were on the banks of the Ohio.
render
stars
too cold or barren for
I
dear friend, a detail of the reasons which actuate
measure, and
my
derive comfort from the thought that
I
have never yet thrown
my
separation from
however
with pleasure.
it
had nothing else to consider but the immediate support of
my
family, I should be obliged to resign my Chancellorship. Although you cry out " qui fit Mecoenas," it is not caprice, but the iron hand of w^ant that
by
which impels me
to this resignation.
true
It is
rejecting every social advance from the inhabitants here,
which I should be obliged to do, since I could not return them ; by immuring myself, from day to day and forever, within the solitary walls of
my own
my
house,
salary might be sufficient to purchase
bread and meat, and such raiment as such a these are conditions which
or myself.
my
I
choose not
to
life
might require
Another consideration, replete with terror,
salary depends on
my own
life,
my
life, I
woukl ask whether
of eternal infamy to
sit
it
I
am now
would not be mean,
quietly
down
science, and see these misfortunes
but
is that,
death would throw
wife and children on the charity of a cold and selfish world. these things considered, and also that
;
impose either on others
in the
little,
as
my All
prime of
and worthy
against the light of con-
coming upon me, one
after
CHAP.
THINKS OF REMOVAL TO KENTUCKY.
VII.]
Would you
another, in direful succession.^
who
of your friendship indolence
The
97
man worthy
think a
should be capable of such disgraceful
^
resignation of the Chancellorship
the only remaining question
is,
where
becoming thus
inevitable,
resume the practice
shall I
country where which I resign. That is a support for my family independent of the world and of my own life. You understand me. This is a question which I have deliberately considered not in the delirium of a Kentucky
my
of
I
The answer
profession ?
clearly
is,
in that
can, with most certainty, achieve the object for
—
fever, " hissing hot,
Master Brooke," but with
conscientious coolness of which
You
ask,
why
quit the state
my
mind
is
which has adopted, which has
which has raised me to its honors of your friendship which puts this question. very immaterial to Virginia where I reside. tered me,
I
throw
simply the interests of
family
I
am
:
to this I
fos-
the partiality
It is
.''
of the question
this point entirely out
my
the scrupulous,
all
capable.
sure that
— and
it
is
consider
am determined
that
every feeling of private attachment and prepossession for VirKnowing, as I have done experimentally, the ginia shall bend.
which the want of wealth, or at least independence, exposes any mind not devoid of sensibility, it becomes a point of
agony
to
conscience, in the
place, and soon an object of pleasurable,
first
of delightful pursuit, to shelter those
who
me from
are dear to
all
Having once effected this purpose, me, now, a king of terrors indeed, Avould
danger of the like torment.
who would be to become merely a master of ceremonies death,
to introduce
me
into the
apartments above.
You ask me how many you could name who at the bar, in this country,
or quite fast enough
name.
W.
is
it
With
fortune.
another individual courts, or
who
is
}
true
I
answer
made
VOL.
;
I
don't
amassing
can desire,
C.
is
also
is
not
the bar of these I
He, however, practised
now
could
making a
of these two, there
such a one as does not
1—9
now
know how many you
a fortune.
the exception
are
fast as their hearts
who has hitherto done this at now in the way of doing so.
John Taylor of Caroline. picious period
wealth as
exist.
am at
not sure of a most aus-
Baker, Innes,
RESIGNS THE CHANCELLORSHIP.
98
[1802-1803.
Pendleton, Wythe, Marshall, Washington and others,— what have they made by the profession ? Not more than the most ordinary
lawyer
in
Kentucky
is
able to do in five or six years.
Between ourselves, 1 was thirty years old the eighth day of last November. Have I any time to lose ? and considering " the uncertainty of life and the certainty of death,"
is it
not the highest wis-
improve every flying moment to the best advantage ? Ten In Kentucky they might years of life would do but little here. affluent. family make my would probably and For the first time in my life (and with shame I confess it) I look
dom
to
my dear Dabney, with a thoughtful mind, and a heart I uncertainty, to the years which lie before me. with aching my when come ever shall time the that reflection the abide cannot forward,
conscience shall reproach me with having neglected the interests with having involved, by my want and happiness of my family ;
—
of energy and enterprise, a lovely and innocent wife, with a group of tender and helpless children, in want and misery. * # * * * *
But Hope,
like an angel of peace, whispers to
shall not be.
She does, indeed, sketch
ravishing scenes to
my
my
heart that this
some most
brilliant
fame, respect, the love of
my
and
Wealth,
waking as well as sleeping fancy.
fellow-citizens, she designs with the
boldness and grandeur of an Angelo, while, with
all
the softness
and sweetness of Titian's pencil, she draws my of blooming, beauteous and smiling cherubs, happy as innocence wife and a circle
******
and peace and plenty can make them.
Your
friend,
Wm. Wirt. The
Chancellorship was resigned
of the emigration to
mined
to take
up
his
in
May, 1803, and
Tazewell's advice, although, for the present, he Williamsburg.
the project
Wirt now deterKentucky abandoned. abode in Norfolk, in accordance with Mr. still
resided in
CHAP.
DETERMINES TO SETTLE IN NORFOLK.
VII.]
99
TO DABNEY CARR.
******* Richmond, June
Well,
sir,
you have heard
Chancellor's furs, and
I
feel
6,
1803.
that I
have disrobed myself of the
much
the cooler and liL-hter for
it.
Not but that there was some awkwardness in coming down to conflict with men, to whom, a (ew days before, my dictum was The pride was a false one, and I revenged myself on it. the law. I
triumph
feel little
in
being thus able to get out of myself, to
survey, from an intellectual distance, the workings of heart, to discern and to chastise
The man who can
errors.
its
impartial and candid friend of
make an
thus
my own
himself, has gained a great point in the reformation and perfection
of his character.
Thus
it is
that a
man balances
the account of his feelings; mor-
presents her charge, and vanity raises a countervailing
tification
item.
You ject.
are aware that
I
am
already done with the Kentucky pro-
was no cash in that state cows and sheep, and that the emilawyers was estimated by the size of their drove,
heard, very lately, that there
I
that fees
were paid
nence of their
in horses,
on their return from their circuits
was drawn
The move.
to
single I
w^hile,
:
on the other hand,
I
Norfolk by the attractions of her bank. experiment which
have been
to
have made,
I
one District Court,
justifies this latter
at the
town of
Suflblk,
received cash two hundred and eleven dollars, and received other business, from substantial merchants,
the trip five
no
and
ill
I
making the whole amount of
hundred and twenty-eight dollars, which
omen of my
In one word,
future success.
have every reason
to believe
it,
that
my
family, even
were
it
years practice will put
such a place as Norfolk,
advantage
;
and,
all
much
me I
larger than
in
it
I
consider as
am
assured,
annual income wnll
be twelve hundred pounds, on one-half of which
my
I
is.
I
can maintain
Two
or three
the possession of cash which,
in
shall be able to turn over to the greatest
things considered,
travagant, that by the time
I
am
I
do not think the hope ex-
forty or, at farthest, forty-five,
A SPECULATION.
100
[1802-1803.
be able to retire from the bar, in ease and independence, and spend the remainder of my life in the bosom of my family, and in whatever part of the country I please,— so that I think it not
I
shall
improbable
I shall,
at last, lay
my
bones near you,
in the
county
of Albemarle.
1
leave this place to-morrow.
Adieu,
my
dear friend,
Wm. Wirt.
CHAPTER
VIII.
1803.
COMMEVCRS PRACTICE IN NORFOLK.— PROFESSIONAL SUCCESS.— LETTER TO POPE.— COMMENTS ON THE PARSIMONV OF JUDICIAL SALARIES BIRTH OF HIS ELDEST CHILD— RELIGIOUS SENTIMENTS TRIAL OF SHANNON SINGULAR CASE OF CIRCUMSTANTIAL EVIDENCE.— REMOVES HIS RESIDENCE TO NORFOLK.
—
—
After
the resignation of the Chancellorship,
recommence
the practice of the
law
Wirt repaired
Norfolk to His family residence, however, was still kept up burg, and was not changed until the ensuing winter. His reputation, increased by
him
to bring in to
a full
at
Williams-
his late olficial position,
now began
harvest of professional
it
was manifest
that
He
fruits.
himself at once inducted into what, at that day,, large practice, and
to
borough.
in that
found
was termed a
he was rising rapidly
to a
commanding eminence at the Virginia bar. Amongst the letters of this period I find one which dwells, somewhat in detail, upon his progress in his profession, and contains some strictures upon the policy of the State Government in These strictures have not lost their reference to judicial salaries. point at the present day, and
may be
read with profit
in
other
sections of the United States than Virginia.
This
letter
is
written to one of the
friends in that state.
occur
in these
The name
and best of Wirt's
Pope
will frequently
pages connected with a familiar and playful corres-
This gentleman,
pondence.
first
of William
now
an octogenarian,
still
survives to
whose most cherof him invariably associates him with the
attract the regard of a large circle of friends,
ished recollection
memory of
He
the subject of these memoirs.
resided, at the date of this correspondence, as he does at
the present time, (1848,) at Montpelier, his family seat in
hatan
—a
central point
what famous of old proprietor.
VOL.
1—9*
for
Pow-
between Richmond and Albemarle, somethe good fellowship attracted by its worthy
LETTER TO POPE.
102
[1S03.
TO WILLIAM POPE.
******* Richmond, August
My Dear It
5, 180.3.
Sir:
gives
proved by
me
pleasure to find that
my
The
necessary.
To
friends.
my
resignation
not disap-
is
me, the measure was indispensably
present subsistence and future provision of
lamily depended on
I
it.
only wish that
may
it
lead the
whose inconvenience the State would some would bring our fellow-citizens event an feel. Such resignation
senses on the subject of lic
economy
is
To
salaries.
be sure,
important; and there
is
certainly very
the labor and waste of a citizen's
to their
is still
pub-
more
justice in expecting
little
life for
to
sensibly
in a republic,
an important thing; but public justice
my
way
one-third of the emolu-
ments which he could derive from devoting himself to the service of individuals. Most surely there is no ground on which such a be justly expected, except, indeed, on the ground of If Virginia were too poor to pay her officers, public necessity. it would then become patriotic, indeed it would become a duty to sacrifice could
make
this sacrifice to the country's
good.
But as
it is
merely
the
out of the question to
and not the power that is wanting, it is expect that a man should make a burnt-offering of himself, his
will
wife and his children, on the altar of public avarice or public
whim.
It is
really humiliating to think, that although these plain
truths will be
acknowledged by any member of the Legislature to
you address them in private, yet there is scarcely one man in the House bold enough to vote his sentiments on the subject, he will not dare to jeopard after a call of the yeas and nays
whom
:
iiis
re-election
by such
—
Where
a vote.
is
the difference between
an Assembly, thus unduly influenced, and the National Assembly of France, held in duress and impelled by the lawless shouts of a Jacobinic gallery nate, even
}
Would
from a fear of public thina:
now from what
institutions
a Cato or a Brutus, in the
have suppressed, much
it
censure.''
was
Or
is
in their time
have their defects,
Roman
Se-
less belied, his real sentiment
— and
public virtue a different }
this
But the best of human is
one of those Avhich
cleave to the glorious scheme of elective government.
In
all
CHAP.
JUDICIAL SALARIES.
VriT.]
103
own
opinion, the representative seems
to think liimself a
mere mirror
to reflect the will of his consti-
tuents, with all
flaws, obliquities and distortions.
may be
cases, whatever
he knows that
its
his
Even when
he will but echo the po-
will injure the country,
it
pular voice, with the single motive of retaining his ill-deserved
brings to
my
by honest
the people
than offend
rather
office
recollection that
Roman
This
service.
who was
Consul
sent to op-
He was pressing the Carthaginian sorely, when Rome, envious of the glory which he was about to gain, procured a peremptory mandate by which he was required immediately to lay down his commission and appear at Rome to But he saw that a few days answer a criminal impeachment. country from the invader, and would deliver his more of service pose Hannibal. enemies
his
at
indignant at his country's ingratitude, nor ap-
therefore, neither
Hannibal was van-
palled by her menaces, he dared to disobey.
quished,
— Rome was saved, and a triumph was decreed What member
obedient victor. consul
of our Assembly
to the dis-
is
like this
?
I am very much obliged, by the friendly apprehensions which you express for my health, on account of the climate of Norfolk. But I believe that Norfolk is not at all dangerous, except in the
latter
end of August, September, and the beginning of October,
and during these months
any material injury out to me,
gaged
in
perceive
I
my
to
shall
be able to leave the place without
The
revenue.
prospect which
flattering in the highest degree.
is
very productive business
my
plan
is
now
courts
in five
am
I
it
holds
already en-
so that you will
;
too broad to admit of the enlargement
which you so kindly propose
to me.
with the blessing of Providence, siness in ten or fifteen years,
I
shall
I
am very
be able to
sanguine that, retire
from bu-
with such a fortune as will place
my
family, at least above want.
in
*
*
*
prosper,
my good
friend
*
#
And how do you upon you
in a
golden deluge
I
.'*
hope
it
* .''
#
Does fortune flow
does.
Good men, only
deserve to be rich, because they, only, are disposed to employ their wealth for the
good of the world.
take a different turn, and none sordid. this
Our
remark.
friend
A
B
more
,
grow
however,
feeling, a
But things,
in general,
rich but the selfish and the is
an illustrious exception to
more benevolent,
a
more
philan-
BIRTH OF HIS ELDEST CHILD.
104
thropic heart never palpitated in the
[1803.
bosom of a man.
I
love
him
He is good and because he makes no parade of his sympathies. kind, and tender in secret ; and he is satisfied with the silent, yet genial approbation of his
own
But, because he
heart.
not a
is
scribe or pharisee, to stand in the market and crossways to render
*******
ostentatious charities, and because he
thrives and prospers,
still
the malignant world has slandered him as selfish and miserly.
I
my
beg you to give
member me
Q
,
also,
Re-
sincere and fervent love to him.
you please,
if
fellow
to that excellent little
and believe me.
Dear Pope,
Your
friend,
Wm. Wirt. On this
the 3d of September, within a
letter,
few weeks
after the date
Wirt's eldest child, Laura Henrietta, was
of
born.
awakened his feelings to new resolves in the way of what is worthy of note, to a more full and open recogof those sentiments of religious faith to which I have here-
Tliis event
duty, and, nition
tofore adverted, and in the gradual development of which, through-
out the progress of his
life,
we
shall see a natural
and agreeable
illustration of the tendencies of a highly intellectual
for
wisdom of
security and content in the sacred
its
We
have a strong evidence of
Mrs. Wirt, written to her
employed
in the
in
this
Richmond,
wliilst
duties of his profession
serve
I
feel against the violation
its
all
secrets to the world.
seek
letter to
her husband was
W^illiamsburg.
must express the
In re-
of those confidences which belong
others,
The
at I
to
Christianity.
conviction in a
submitting a few extracts from this letter,
to a relation that, of
mind
is
least suited to the
exposure of
free utterances of the heart, in such
may very rarely and scantily afford a theme for public comment, even with the most delicate caution in the disclosure. To bring them witiiin the confines of what is due to the proper a relation,
office of
biography,
much must
regard to that which
allowance which
may
were never designed
is
necessarily be omitted
given, the reader will receive
justly be claimed for for perusal
it
;
and, in
with the
communications which
beyond the family hearth, or
to
CHAP.
RELIGIOUS SENTIMENTS.
VIII.]
105
encounter a remark that was not suggested by the nearest and
most adectionate sympathy with the writer.
may
I
have many extracts to
liereaftcr
and
correspondence,
Wirt's
of
make from
vance, the consideration which shall induce
this portion
announce,
therefore
I
me
ad-
in
much
to withhold
equally relieve
me
from the imputation of improperly invading the sanctuary of
pri-
more than
I
which
submit, and
vate affection, and what
I
may
hope
will
from the criticism of
fas-
" Your reason will forbid you to lament
my
I
offer,
tidious readers.
On
the present occasion he writes
*
*
*
:
absence too deeply, when you reflect what
away.
It
is
Heaven, all
my
duty,
*
*
*
I
go
This
is
shall not only
the toils of
my
fail
speak peace to
me
through fatigue, but sweeten
How
rugged would the path even
support
fruitless,
how
solitary,
how
alone were to taste
if I
wife and children are to
share
disconsolate
it
It is
!
with
it
How
my
much do
my
heart, and to scatter roses over
I
owe you
!
Not
*
ness in a better world.
the natural gaiety of
by the
the
me
These are the fond ideas which possess my soul, to smooth my brow in the midst of tumult, to
my
dissipation into
eyes, and hidden from
*
*
my j
character, rendered
which
me
I
path of
only the creation of
of happiness on earth, but the restoration of
It
*
days.
*******
which never
"
in the dis-
the reflection which, with the smile of
would even prosperity be,
my
am
I
more prosperous
to prepare
profession.
how
of duty appear; thought that * * *
me
not misfortune; but, strong in health, flushed with
hope, and animated by the consciousness that
charge of
has carried
is
it
my
life.
hopes
hopes of happi-
,-|r,ust
still
confess that
more reckless
had been allured, had sealed
my
the rich inheritance of the righteous.
was you, whose example and tender exhortations rescued me guilt, and taught me once more to
from the horrors of confirmed raise
my
suppliant mind to God.
more highly do
I
The more I reflect on it, the I am convinced, tho-
prize this obligation.
roughly and permanently convinced, that the very highest earthly success, the crowning of every wish of
leave even the earthly happiness of
man
the heart
would
still
incomplete.
The
soul
has more enlarged demands, which nothing but a communion with
TRIAL OF SHANNON.
106
Heaven can
satisfy.
The
[1803.
and more solid
soul requires a broader
******* which
basis, a stronger anchor, a safer port in
piness, than can
be found on the surface of
" Remembering
show
how
often
to
moor her hap-
this world.
Heaven snatches away our
us the futility of sublunary enjoyments, and
thoughts and aiiections to a better world,
would so attemper
my
love for
my
pray that
I
idols to
point our
to
its
kindness
wife and her child, as not to
destroy the reflection, that for them, as well as every other blessing,
I
my God
depend on the unmerited beneficence of
to permit
my
love for them to destroy
my
gratitude,
;
and never
my humble
dependence on the Father of the Universe, whose power is equalled by his parental kindness and mercy. " How should I be laughed at if this letter were read by those w^ho were once
they
knew
reflections,
my
warm from my
Constitutionally
always was, even for
wild companions
How
!
the sweet feelings with wiiich
heart
should
I
be envied
if
have poured out these
!"
gay and light-hearted, to the latter
I
as the writer of this letter
days of his
life,
what might almost be deemed the excess of
and noted this
in
youth
temperament,
these evidences of his graver thoughts and feelings, cast a mellow
over his character, and furnish an early presage of the pre-
tint
dominating hue which distinguished
He
it
in the
was, about this time, concerned
evening of his career.
in the trial
of a cause
in
Williamsbui'g, together with his friend Tazewell and Mr. Semple, a
gentleman
counsel for a
who was afterwards promoted to the bench, as man by the name of Shannon. This case is only re-
markable as a curious instance, both of the conclusiveness of circumstantial evidence, and the uncertainty of the verdict of a jury
when perplexed by
the eloquence of adroit counsel.
Shannon was arraigned for the murder of his father-in-law, who had been shot at night, in his own house, through the window.
No motive was kno^vn to exist for the deed; the murderer was unknown; and the circumstances of the case almost defied investigation. The death was produced by buckshot. The morning after
the murder, whilst
the neighbors, and
such others as the
rumor of the deed had brought together, were examining the premises, to find some clue to the discovery of the assassin, and liad
come almost
to the point of
abandoning the inquiry as hope-
CHAP.
less,
CIRCUMSTANTIAL EVIDENCE.
VIII.]
107
one amongst them, a man somewhat noted for his shrewdness concluded,
curious investigation, placed himself in what, he
in
must have been the post occupied by the murderer when the shot
was fire,
fired
:
— then
examining along the
he discovered a small piece of
line of the direction of the
letter paper,
which manifestly,
from the mark of powder and fire upon it, must have been part of This paper had a single letter, m written the wadding of the gun. upon it, and torn from the word to which it belonged. About
moment when
the
this
discovery was made, some one remarked,
that Shannon, the son-in-law,
had not been present
that morning.
His absence on such an occasion, was thought strange; and, forthWith no stronger with, a general inquiry was made after him. ground for suspicion than
proved
he had been
that
was without
gun, which
in
search was immediately
fact, a
this
He
made to ascertain where he was. of James River, some seven or
dwelt on the opposite side
eight miles distant; but,
it
was
Williamsburg the day before with a
a lock.
A
blacksmith,
who gave
this
testimony, stated, moreover, that Shannon had brought the gun to
him it
to
be repaired, and he not being able to repair
was taken away
party
now
in the condition in
had not been there during the and found him
night.
applied and found to
proper relation
One of infer,
more
is, in
letter at the
their quest
with his
with oqc corner torn
to
off,
to
house of the deceased, was
written sentence.
m
with y and shewing facts, it seems,
These
persuade the jury of the guilt of the
the twelve,
more scrupulous than
the rest, or,
susceptible to the influences of the specious
eloquence of counsel, phrase
A
not there: he
They pursued
coupling the letter
fit,
in a
were not strong enough
we may
was brought.
He was
being arrested and examined, a few buckshot
were found in his pocket, and a which the fragment, picked up
prisoner.
it
that day,
at last, thirty miles off, in a tavern, asleep,
Upon
clothes on.
its
which
set out for Shannon's house.
it
who were,
doubtless, very ingenious^ as the
the defence of the suspected culprit,
"hung
out," and,
them were ac-
as a consequence, starved out his compeers, and so, brought to
the confession that they could not agree; and they
cordingly discharged, and Shannon was allowed to go forth unmolested, to claim the benefit of his successful speculation.
Wirt appears in this case.
to
The
have excited great expectations as the counsel court house at Williamsburg
was thronged
— REMOVES TO NORFOLK.
108
with his
visiters,
speech
—a
in
[1803.
number of ladies amongst the the case is remembered as one of the
rest,
large
— and
best of his
early displays at the bar. In a letter to his wife written on, 29th Sept. 1803, there
"Only one Judge
is
when
— Winston.
to-day
was about
this trial
the following reference to
Parker
come
to
it:
expected
is
to-
night.
*
*
*
J«:
" The gallery was
full
*
*
of ladies, expecting to hear (as C.
defend Shannon.— 'Vain creature
me) Mr. VV
!'
tells
say you.
Vain enough; but not on this account. The man who knows and feels his own foibles, and can draw otf from himself so far as to make a proper estimate of his own imperfections, will not be hurt
by the
****** #**#**
flatteries
"What
of others.
do you think of Shannon's
gallantry.?
Although
in
irons and chained to the wall and floor, he has made a conquest of the gaoler's wife, and she has declared her resolution to petition
from her husband, and follow Shannon, the end of the world."
for a divorce
quitted, to
In the
month of December, Wirt took a house
by the commencement family thither, to
make
of the it,
new
in
year, 1804, he
for the future, his
if
he
is
ac-
Norfolk, and
removed
his
permanent abode.
CHAPTER
IX.
1803 — 1804. THE BRITISH SPY.— ENEMIES MADE BY IT— I-ETTERS TO CARR, WITH SOME ANECDOTES CONNECTED WITH THE PUBLICATION OF THE SPY.— HIS OPINION OF THAT WORK.
Wirt now
During
appears in the character of an author.
month of August, 1803, he commenced the letters of The They were published in September and October, in " The Argus," at Richmond. The popularity of The British Spy, had scarcely a parallel in any work, in the same department of letters, which had, at that It may be regarded date, been contributed to American literature. the
British Spy.
having conferred upon
as
its
author a distinct and prominent
lite-
rary reputation.
The
reader of these letters, at this day, will express his sur-
judgment should have given such weight
prise that the public to a production fail
to perceive,
He
so unlabored, and so desultory. it is
will
not
true, in these essays, an agreeable foretaste
of high literary accomplishment, but he will regard
this,
rather as
the earnest of a talent to achieve a distinction in letters, than the
achievement of this
little
itself;
and he will
book, to remark
was disposed, tribute even
find occasion, in the singular success
how
at that period, to
the
eagerly the taste of this country
welcome any clever
lightest donation
effort to
con-
towards the increase of our
small stock of national authorship.
These iting,
letters are written in a polished
and elegant
style, exhib-
very notably, a most accurate study and appreciation of the
best standards of English literature.
They
deal with such topics
of superficial observation as a casual residence in Virginia, and particularly at
Richmond, might be supposed
cated foreigner.
The
to
supply to an edu-
ners, opinions and popular institutions, are glanced at with a facility
of observation
VOL.
1
— 10
manhappy
distinctive traits of Virginia society,
;
some geological questions are discussed
THE BRITISH SPY.
110
[1S03— 1904.
with an acuteness of remark and fullness of information which
was
denionstate that the science to which they refer
a favorite
But the chief topic, and one which,
study of the author.
it
is
evident, furnished the predominant motive to the writing of the letters, is
a dissertation upon modern by a picture of some of the this theme he had obviously
which leads him
that
to
eloquence, and the illustration of
it
To
leading lawyers of Virgina.
embody
given a careful study, and sought to these letters.
He
performs
this
The
expatiating on his chosen pursuit.
respect, be considered as the treatise
was no with
conclusions in
its
duly with the love of a student British Spy may, in this " De Oratore" of one who
may be read
small proficient in the art, and, in that light,
profit
He who
by every aspirant
does read
it
honors of the public speaker.
to the
will regret that a master
who
could so hap-
pily instruct, has not, at greater leisure, with larger scope and at
a malurer period of his
topic enriched by his
life,
own
given to the world a volume on this
varied experience and profound phi-
losophy.
The
success of these letters astonished no one more than their
author.
They were
as written, to the
written rapidly and committed, almost as soon
columns of a newspaper, w'here they appeared
with every blemish and imperfection to which such a medium of publication
authorship
was liable. Although a studied concealment of the was preserved, during the period of publication and for
some time afterwards, vehement suspicion
this did not protect the writer either
at first,
nor from the
final
from
determination of the
book by the community. some of the portraits which the author drew of
paternity of the In
poraries at the bar, he
is
brought upon himself threats of reprisal.
little
subjects of them reputation, as studies
author.
—
in
fact, rather infer
sufficiently
that these should It is,
prominent
marvel that
to
and sustain their
form examples and
have embittered any one against their
nevertheless, true, as
correspondence of
we
derogatory to the personal excellence of the
— which,
men
contem-
At the present time, so
remote from that which witnessed these agitations,
comments, so
his
said to have given offence, and to have
we
this period, that
without making enemies by his book.
shall
the
see in
author
some of the
did not escape
CHAP.
ENEMIES MADE BY
IX.
Ill
IT.
know, however, that these enmities were not long-lived, and that some of the most intimate friends and associates of Mr. Wirt's subsequent days were those with whom he It is
pleasant to
was supposed
to
have too freely dealt
in
the letters.
check which arose out of equanimity. his disturb nor the aulhor in the career of his humor, Nor did they disable him from his defence, as may be seen
The
this publication did not
asperities
from the perusal of the volume. Extensive as was the popularity of of
its
first
appearance,
it
Forty years bring a severe
is
but
this small
little
work
test to the quality
time
when few
libraries in this country
British Spy.
press pours forth
fullness, that the current
were unsupplied with a
not so now.
has well nigh swept
— even
We
securely moored.
is
There was a
The overteeming
stream with such torrent-like rapidity and
its
of the last generation
It
They
of any book.
are generally fatal to the million of light literature.
copy of the
time
at the
read at the present day.
away
the light craft
such as were supposed to be most
must look for them now only
nooks and occasional havens
where the
fortunate
those
in
eddy has given
them shelter against the pressure of the flood. The British Spyis still worthy to be refitted and thrown once more upon the wave. The two following letters to Carr, furnish some pleasant anecdotes connected with the production of this
little
book.
In the
second of the two, the reader will mark some new aspirations towards literary enterprise, agreeably mixed up with some details of professional occupation, and with a grave dissertation upon a subject of growing importance in the mind of the writer.
TO DABNEY CARR. Norfolk, January
My Dear
16,
1804.
Aminadab:
Yours of the 31st
ult,
reached
me by
the last mail.
1
am
was several times on the point of breaking it myself, although, as you acknowledge, you were a letter in my debt; but some perverse circumstance rejoiced that this silence
is
at last
broken.
I
always thwarted the intention. Indeed, like Martha, I have been busy about many things; though I hope that, like Mary, I have chosen the better
part.
LETTER TO CARR.
112
[1S03— 1804.
This is Sunday, so you must allow me to be a But waving with you the lohy and the icherefore^ resurrection of our correspondence, and
cumstance
moment.
for a
Mark,
how
sir,
and sober earnest,
plain
I
scriptural.
rejoice at this
no wintry
pulse of
its
am
1
cir-
even
life
But,
!
in
you as one of those few well
who
care," and checker, with soft and I
trust that
metaphorical
look to
tried and dearly beloved friends
life.
I
ever again occur to suspend
will
little I
my " brow
will often relax
of
dusky path of
genial light, the
look forward, with a kind of plaintive pleasure, to the
period when, after
my
turning over
my
bones are
in
the grave,
my
children, in
old letters, will meet with yours and
my
dear
Peachy's,* and, with eyes swimming with tears, hang over your
warm
and affecting expressions of love and friendship.
that touches
my
heart;
it is
the present enjoyment of your intercourse, that fortifies
new
the chances of the world, and labors of
my
am known and
beloved,
I
;
me
against
system for the
I
whom
have a iew valuable friends by
should be the poorest wretch for busi-
How
ness that ever groaned upon the earth. see them doing here
my
But for the domestic joys which encircle
profession.
me, and the conviction that I
strings
It is this
connected with
this pathetic prospect,
men
can
toil
as
I
business in their heads, business in their
hearts, business forever in their faces, without one palpitation to tell
that
but
them what love and friendship mean. Not, my dearest sir, I would turn my back on any business, however herculean, must unbend and refresh whenever the voice of pure
I
tion calls me.
will find
my
Often,
my
dear Dabney,
may yours
heart ever ready to echo you.
— But
to
me
call
affec-
You
!
answer you,
in
order. I
I
come,
shall not
in
order, to a certain author y'clept the British Spy.
be cither so unfriendly or so childishly aftected as
deny the brat
to be
my
To
own.
the world, however,
I
to
do not
choose to make any such proclamation, for divers obvious reasons. Indeed I gain nothing by this silence. Tlie thmg is as generally and confidently imputed to me, as
For you are
to
understand
the printer has found
it
if
that,
my name were
very far beyond
his interest
*
rise
Mr. Peacliy Gilmer, an
It is
and progress of
page.
expectations,
not only to bind
pamphlet, but to issue a second edition.
you some account of the
in the title
my
up
it
meet that
this affair.
elder brother of Francis Walker.
I
in
a
give
CHAP
ANECDOTES OF THE
IX.
was
I
SPY.
115
Richmond, attending on a business with whose painful made you acquainted. It was to divert my
in
anxieties experience has
own
mind, during this period of uneasiness and alarm that
But after
to write.
my
to you,
tiie
I begaa was thus started, I will acknovvlc(lL;;e there were secondary considerations which
project
friend, that
warmed me throughout
supported and
the composition, and
I
was
it
my
enterprise.
in
delicately gratified in obser-
that,
Spy, because
I
would excite more
not a disadvantageous
adopted the character of
thought that such a
I
itself.
the world had
my understanding.
opinion of
me; and this without For the imputa-
imputing the production to
tion proved, at least, that
and interest than any other
attention, curiosity
endeavored
I
character which
;
acters,
its
manners, together with
its
landscapes,
the
well that
and
succeeded so
the neighborhood of Norfolk, the people
to declare that
was, too,)
and
sentiments I
several parts of the country, particularly in Glouces-
in
in
I
public char-
its
political
moral complexion of the Virginians generally.
ter,
to
imagine how, as a Briton,
to
should be struck with Richmond,
was bound
I
myself; to fancy myself the
to forget
had assumed
I
a British
a republican paper,
tiile, in
and having adopted that character, as an author, it.
I
while the world applauded,
any other evidence than that of the work
support
was
I
wife heard those encomiums.
by the circumstance
flattered
concurred
more
still
ving the pleasure with which
was
the
by the encomiums which were generally pronounced on
gratilied
went so
far as
they had seen the very foreigner, (and a Briton he
who had
The
written the letters.
whom
editor of a paper
in-
opinion that
were republished, declared the author was an American who had received
education
in
Great Britain, and had now returned
country.
Otherwise he could not account for the union of British
Massachusetts, by
the letters
to his
in the
work.
You may be
tickled with these sagacious guesses.
my
zeal to support
my
sure that
I
was
his
native
prejudice with the intimate knowledge of this country, which
manifested
his
not a
was little
Unfortunately, however, in
adopted character,
I
forgot myself too far
some of the letters. Hence the strictures on the entertainers of Uunmore's son; hence the portraits of living characters, which I
in
drew with
a
mind as perfectly absorbed
in
the contemplation of
the originals, and as forgetlive of personal consequences " as if I
kad
really
belonged to another planet;" and, upon 10* 1
VOL.
—
my
honor, with
9
ANECDOTES.
114
as it
towards either of the gentlemen.
little ill-will
appeared
startled
" the die was
Then
the indiscretion stared
cast,"
— and,
me
was
It
R
portraying
in print that the letter
me.
[1S03— 1804.
and
not until
W
the face; but
full in
make
the worst of
published imprudent truths.
But
had made enemies of the gen-
tlemen themselves, with
their
to
all
I
connexions and dependencies.
W
I have made some atonement in the To cause of the magnanimity with which he viewed
but to
R
have not offered, and
I
had merely
it, I
last edition, be-
the publication
;
never will offer an expia-
I
He had the vanity to declare that the whole work, although embraced such a variety of topics, had one sole design, and that was to degrade him was weak enough to mention, in one of his arguments before Mr. Wythe, "the scrutinizing eye of the
tion. it
;
Spy," and,
British
British
Spy was
unquestionable
express to his brethren his wish that the
to
In
authorit3\
He was
Court
an important case in which
in
He
the court.
I
I
The
opposed him.
ques-
had the conclusion, and, as Tyler and Prentis were
was a
little
added
to the authoritative
undue
eflect
uneasy
lest
manner of
on their honors; for
the weight of
reason
this
highest compliments to his eloquence. pated, as well as
I
manner of the
I
this
all
I
I
went
thought myself with the
did
I
and
farther,
supposed he would make to
was most
British Spy.
his feelings, but
name,
's
antici-
could, not only the matter but the very manner
of the replies which told that
R
his speaking, should have an
authorised to express this apprehension, which
am
a
a legal one, and the argument, of course, addressed to
the judges,
I
on
in
called to the bar of the Suflblk District
gratified.
was
me
told
wish he has been
his last
measure tion
This has been
practising at that bar.
my
argument.
strikingly in the spirit, style, and
had, however, no intention to
I
merely to do justice to
my
wound
cause, and give
it
fair
play before the court.
Apprehending, from the faces of the company, as well as from the mortified looks of
R
,
that
and said more than the occasion
I
stated very sincerely the purpose of to
be
satisfied
power of l»e
;
had gone beyond
justified, I
my
spoke
remarks.
my
purpose,
to him,
He
professed
but he was disconcerted and wounded, past
forgiving.
He was
and
all
so confounded, that in his argument
manifested nothing of the orator, nor even of himself, but the
person and voice.
His arguments were the very weakest his
cause-
CHAP.
ANECDOTES.
IX.]
furnished
he
;
made
In short, he disappointed every body, and lost a cause
make.
he had never been
have made him
me
iieart acquits
not,
am
I
very
so.
over the country, sure to gain.
all
my enemy before, that one adventure would He is, I suppose, implacable; but, as my
of any premeditated injury, and as
running parallels
in
by
am
I
not blinded
sure that
by
I
I
am
I
That
utility.
libeller in intention
With regard
to the
was wrong on
was
had
let
indiscreet, I
them
alone.
am
to those portraits of
I
in
;
and,
Be am
if I
marked with of
justifiability
when
may be supposed
to
I
shall
their
talents
;
nor
the ground of public
I
am very
by
the Spy,
prominent characters.
declare sincerely, that I
and
willing to admit, and I
Yet
great part of the public interest excited
which
who, being
not yet convinced that established lawyers are not
it
I
between them-
partiality, the portraits in question are
clear that the procedure
heartily wish
professional
after his friend.
proper game for the press, so far as concerns
am
my
Caesar,
was ever
that he
am no
candor and benevolence. the thing,
is
Catullus, invited his libeller to supper
him so courteously,
treated
him
a fee in a Chancery case.
and some great Roman, as Julius
severely libelled
so.
me
Marshall, too, has given
Perhaps they are pleased selves
W
appearance, even partial to me,
all
since he has been lately instrumental in promoting benefit.
fear
I
Mr.
disturbed at his displeasure.
little
not only reconciled, but, to
it
confusion, and
all
the very worst speech that he ever did
Avhich he had declared himself, If
was
his order (to use an Irishism)
said to have
is
115
sure that a is
imputable
For my own
part, I
have reached that age
have touched the zenith of
my
in
mind,
*******
should be so far from being displeased, that seeing
It
was
my
intellectual portrait set in a
alleged,
by a writer
in the
I
should be gratified
popular work.
Examiner, under the signa-
ture of Cato, that, " in a professional point of view, the
ungenerous, because
it
was an attempt
the talents of competitors
whom
Spy was
in the author to
degrade
he ought to have met only on
equal terms."
Now,
the fact
is,
not practise in the
no competitors of mine. I do same court with any of them, and whether
that they are
they are deified or damned,
my
revenue will be the same.
How,
A CRITICISM.
116
then,
my
is
interest
involved
of being induenced,
[IS03-1804.
in the aflair;
even
cannot help being- surprised at what you
I
the opinion of
my
were capable
if I
such a case, by so sordid a principle
in
political apostasy.
I
am
me
tell
?
relative to
not, indeed, surprised
such an opinion should exist; for, after the dereliction of
that
B
almost any suspicions of this nature, about cmy body^ are
,
But what / am surprised at is, that any man, how" ever young," who deserves to be " highly esteemed for intellect," should believe the British Spy to contain evidence of my pardonable.
apostasy.
For
the purpose of personal concealment, as well as for the
purpose of keeping alive the public curiosity, it was my business to maintain the character which I had assumed, and therefore the sentiments of the
been absurd
Spy
Would
are those of a Briton.
it
not have
with the opinions and feelings of a
to clothe a Briton
Virginian and a Republican? glad that you, yourself, have viewed this subject
am
I
proper
No, my dear Dabney,
light.
cunning than to choose
this
administration has struck
suppose
me
am
time for
it,
when
at least
If I
have more
the refulgence of the
enemies blind and dumb.
its
a
in
changed.
not
to apostatise, I should
were basely disposed
who
I
Those
an apostate, pay as poor a compliment to
understanding, as they do to the rectitude of
my
heart.
my
But
I
what Amerca has exliibited in some of her leading characters, each man in the community has a right to exclaim with Cato, " the world has grown
am
not angry with them for it; since, from
so wicked, that
I
am
Your remarks on
surprised at nothing."
the Spy, as a writer, are,
think, rather the
I
sentiments of a friend, than the opinions of a critic.
you
my
which
opinion of those letters.
just,
and sometimes display the man of
his disquisitions are too desultory,
touched
to contain
much of
rather frolicksome and
by
the useful.
to benefit either
of
its
its
to
The
letters
The
bespeak
a
mind
and penetrating
;
amuse, for the moment, but not
proprietor or the world, by
researches.
feeling.
and the topics too lightly
spriglitly, than thoughtful
and therefore a mind qualified
utility
Let me give
aside the traits
the author sustains his dramatic character, his sentiments
are generally
But
Putting
style, although
the depth and
sometimes happy,
is
117
A CRITICISM.
CHAP. IX.]
sometimes, also, careless and poor; and,
overloaded with epithets
;
and
its
more
still
inequality proves either that the
author wanted time or industry or taste to give
more even
throughout, a
it,
letters are certainly superior to the
Yet these
tenor.
frequently,
which we are so frequently gorged through
trash with
tiie
medium
of the press.
Such
is
the character which,
and were reviewing yet,
I
this worlc,
1
cannot but confess that
were a
if I
critical
reviewer,
should certainly give of a critic of reputation
if
it
;
and
were
to
draw such a character, I should be as much mortified as if it But enough were unjust. Strange, inconsistent creature is man except that I will tell you I was very near drawing of the Spy, !
—
the character of " the Honorable lines fixed in
finishing
my
up the
the unity of
my
mind, but
I
Thomas"
He was
it.
I
had the out-
be obliged, either to sacrifice
portrait, I should
assumed character, or
the most unpardonable manner.
in
in
found, on the experiment, that in
to dilute
I
some of the colors
had another consideration.
the President, with a considerable train of patronage;
by the time which I had had begun to be suspected
and,
fixed for the insertion of his portrait,
1
as the author of the Spy.
therefore, that political malignity and meanness
sketch to motives which
I
disdain.
On
all
I
knew,
would ascribe the
which accounts,
citizen
Thomas has escaped being butchered by my partiality for You are beginning, by this time, to accuse me of egotism ;
between
friends, there
indivisible.
Besides,
him. but,
one and
is
no such thing
I
have said nothing more than what
;
for, friends are
I
thought necessary to vindicate myself against aspersions which you
*******
have, no doubt, read, and which, perhaps, form a part of that torrent of abuse
which has been, and
still is,
pouring out against me.
dream of such serious consequenees from what, less did I dream that those trifles would have survived the newspaper ephemeras of the day; and least of all, that they would have been perpetuated and extended by a second edition of the pamphlet. O tempora Little
to
did
I
me, seemed an innocent sport; much
******
Excuse my
brevity,
and believe
me
Your
friend,
WiM. Wirt.
LETTER TO CARR.
118
[1803—1804.
TO DABNEY CARR.
#*•*** Norfolk, June
•
You
me
will acquit
sure of business.
8, 1804.
of the poor vanity of boasting of the pres-
In the
the pressure of business.
Borough of Norfolk every drone This pressure
feels
depends
often, too,
less
on the quantum of business than on the strength and dexterity of the agent. If I had given more of my time to the books and practice of to
my
professional should have less investigation and
undergo now
but
;
I
used to think
it
enough
have
to
toil
a tolerable
understanding of that kind of business which usually occurred in
had not the noble and generous emulation which should have incited me to master the science of law in all the middle country.
its
I
The consequence is,
departments.
that being transplanted to the
grow almost entirely business totally new to me,
shores of the Atlantic, where the questions out of commerce,
and every case
I
have
fallen into a
calls for elaborate examination.
But
addition of this labor, and willingly do penance for
The
ness.
no time
principal inconvenience resulting from
left for
impracticable,
ment of except
reading
am
I
science.
in
;
I
deserve the
my
past idle-
that
it is,
I
and now, most perversely, because
have it
is
stung with a restless passion for the acquire-
In this
dilemma
very distant prospect.
I
have no refuge or consolation, look on, perhaps with fond de-
I
when I shall be able to retreat from the toil of bosom of my own family, I shall find the joys of ease, independence and domestic bliss become a very epicure in literary luxuries, and jicrhaps raise some monument to my name to which my posterity, at least, may look with pleasure. lusion, to the time
business;
when,
in the
—
1
grant
will
as
it,
come
it is,
sir
—
it is
to pass
it
It is
true that
I
most probably never possibility,
remote
my
life
were terminated
on the charity of the world. soul in gloom, and the horror
in It is
as
is
dark as
have yet to struggle into notice
have yet a fortune to make, a family if
it
Not, indeed, that the present moment
Egypt once was. who,
—
may, and the
reflects a cheering ray to gild the darkness of the present
moment.
I
extremely visionary
—but possibly
to
provide for
—a
;
family
any short time, would be thrown is
this reflection that
deepened when
I
wraps my
consider the
CHAP,
RELIGIOUS REFLECTIONS.
rx.]
remember
climate of Norfolk, and
To
think of this, and then to look
But "
—
with melancholy "
Away
am my upon
that
yet a stranger to
I
wife and child
my
your
sir, in
of the 29th of February, a
letter
and love, and friendship, which
How
beautiful and just. to
to
Can mere matter be excited
and refined.
and celestial as these that stirs within us
.^"
Or
.'
I
hope,
a soul, for then I think I
I
wish,
warm,
not, if
I
your flies
pure " a divinity
to ecstacies so
cheerfully believe that
I
I
myself more worthy of your friend-
and mortified
if I
could imagine
the generous emotions of a heart and
perishable mass of matter, and
like yours, lavished on a
would
grateful
myself exalted
I feel
there not, indeed,
is
should feel humiliated
the friendship, the
mind
exquisitely
how
!
out to meet yours, and as they commingle,
have
is
grateful are such effusions,
They make me proud of my heart My dear C, it is at such moments that my soul
mind and
friendship.
ship.
aloft.
Jlllons
me.
You have made, life,
it.
!
for
"There's a sweet little cherub sits smiling " To keep watch for the life of poor
rhapsody on
119
could help
it,
be
in
I
any thing unworthy of your
friendship.
not puzzle yourself and me, too, on this subject of the
Now, do
by a subtle disquisition concerning the highest point of perfectibility to which matter may be organized ; by weighing and soul,
we were wont am persuaded that there subreach of human reason
balancing the probabilities of different opinions, as to do, in the scales of
human
reason.
I
above the on which reason cannot decide, because " it cannot command a view of the whole ground." Could the tick, which invades and buries itself in my foot, conceive or describe the
is
a range of subjects
;
jects
anatomy of
ment of is
to
my
frame
?
Could the man w^ho has passed every moAndes, paint the prospect which
his life at the foot of the
be seen from
its
summit
.''
No
more,
in
my
opinion, can
reason discuss the being of a God, or the reality of that miracle, the Christian faith.
If
you ask me why
I
because
must refer you
I
I
believe in the one or
can refer you to no evidence which you can examine,
the other,
to
my own
feelings.
I
stance, look abroad on the landscape of spring,
cannot, for in-
wander among
REASON AND FAITH.
120
[1S03— 1S04.
blooming orchards and gardens, and respire the fragrance which
God my heart am aware of it, gratiIf you ask me why these
they exliale, without feeling the existence of a involuntarily
dilates
and, before
itself,
tude and adoration burst from
my
:
I
lips.
objects have never produced this effect before,
cannot
tell
Perhaps
you.
my
answer that
I
grown more
nature has
I
susceptible
;
have learned to rely less on the arbitrations of human reason; perhaps I have gotten over the vanity of displaying the elevation and perspicuity of intellect on which the youthful deist perhaps
is
I
Whatever may be
apt to plume himself.
me am happy in my
from the dreary and
for leading
sterile
the cause,
waste of
thank
I
infidelity.
present impressions, and had rather
sit
it
I
alone, in
Arabia Felix, than wander over the barren sands of the desert,
in
company with Bolingbroke and Voltaire. Reason,
my
dear friend, in
proper sphere,
its
ought to be the only guide of our actions its I
proper sphere, and confine
admire
its
powers,
I
admire
its
its
;
but let
operations to
beauties.
I
the best, and
is it
keep within
proper subjects.
its
also admire the
of the chemist, and the beauty of his science
:
powers
yet, notwithstand-
which the chemist makes of the however his experiments may break up longestablished principles, decompose bodies which for centuries have been deemed simple primitive elements, and prove them to be ing the astonishing developement secrets of nature,
combinations,
— re-decompose the ingredients of
and detect them,
in their turn, to
ever far the chemist still
be
thought than
confined is
God
not
is
to matter
more
is
my
howmust
the intrinsic
from or more superior to matter,
above
its
proper channel of con-
That conviction can be
reach.
Soame Jennyngs
faith,
and what
is
:
this
calls the internal evi-
generally well understood
evidence of revealed religion.
But enough of a subject on which if,
But
he cannot analyze thought.
of subjects which constitute the theatre
another name for what
ished
;
opinion, only through the channel of sensibility
dence of the Christian
by
in short,
his discoveries, his labors
not, therefore, the
is
viction, in matters so far
given, in
;
different
to that class
Reason
of reason.
may push
that combination,
be compositions
already,
you
think
and
I
sliould not
pronounce
you are as old as I am, you may thus grow mad
be
me in
at all aston-
mad.
your turn
When ;
for,
THE BRITISH
CHAP.
IX.]
be
remembered,
it
not suspect, however, that
they
;
My
I
was
as
am
I
a downright bedlamite, nor
sentiments, on this subject, are calm and
me with no
fill
terrors for the future.
horrors for the past, nor agonizing
cherish them because they are a source
I
of pure enjoyment to me, because they render
every relation of
are,
this subject.
even an enthusiast. temperate
121
young as you
that ichen I rcas as
wise as you are, on
Do
SPY.
and more respectable
life,
in
me more happy in my own eyes nor ;
would they even have led me to annoy you with this declaration of them, if you had not demanded an explanation of some passages in the
As
Spy.
gratifies
dor
me very
but
;
Spy,
to the
me,
let
let
me
tell
highly, for
you I
that
your favorable opinion of
know your judgment and your you had
also, tell you, that after
it
can-
listened to the
voice of your friendship, and gratified me, too, with the sound of it, I
looked that you should have put off everything like
assumed the
the faults of those compositions.
I
moralists have said and written that faults
told,
even by his friend.
:
but
mend upon
told
me
know that some speculative a man cannot bear to hear his
It
is
said, too, that authors are
may
This
particularly ticklish about the offspring of their brain.
be true
partiality,
and censor of the world, and have
rigid critic
am sure that I could hear my Some of the faults of the Spy I know and was when they were sent to the press such as the refaults
I
from you, and
it.
conscious of
;
dundance of words, and the comparatively small bulk of the
Next
matter.
matter,
is
to
the exuberance of verbiage and the
the thoughts
Upon
which are expressed.
too tumid and too light ties
which gave
it
;
the whole, the
which came out I
I
which
the degree of admiration
at the
work
is
yet these, perhaps, are the very proper-
same time
have learned, one half of
in the its
it
work of
the essay on the liberty of the press, the
far as
want of
the levitj, desultoriness, and sometimes commonness of
excited
;
for
Hortensius,
same paper, had
not, as
popularity.
have a notion, entre nous, of making another experiment of summer ; for I shall be driven from this
the public taste, this place, for a
summer or two, by
be doing anything than
to
be
the yellow fever, and
idle.
I
shall
reading, and composition will then diversify
agreeably.
VOL.
What say you 1—11
}
My
I
had better
sometimes get
tired
of
my employments very
friend Tazewell, here, does not
THE BRITISH SPY.
122
He
approve of such engagements. light
and
idle
appearance,
me
therefore, injure
opinion,
shall
I
make another mined.
in
exhibition, I
says that
my
profession.
you concur
If
otherwise,
;
— but of what nature
shall
gives a
it
man a
the eye of the world, and might,
in
renounce the project
Certainly
[1803—1804.
write no more
I
this
in
shall incline to
I
have not yet deter-
Spies
" too much
;
pudding," &c. I
till I
have been reading, Johnson's Lives of poets and famous men, have contracted an itch for biography
therefore, if you see
me come
;
do not be astonished
with a very material and
out,
—
for I meddle no splendid life of some departed Virginian worthy, more with the living. Virginia has lost some great men, whose names ought not to perish. If I were a Plutarch, I would collect their
for
lives
the
honor of the State and the advantage of
posterity.
George Tucker, of Richmond, wrote with you
the Enquirer.*
He is
1
concur
the opinion that he has the advantage of the Spy.
in
had a more intimate acquaintance with the subject his style more chaste and equal, and his compositions have much more ;
of the philosopher and author.
me tell you that the Spy never read a page in Buffon in his life, nor knew any more of his theory than what he one day heard Charles Meriwether mention, in a very short conversation. Of the Abbe Raynal's' West Indies, he once read a few pages, as he Let
rode from Albemarle to Orange court.
This was
information that he had on the subject,
— so
all
the acquired
that the
match was
very unequal.
The
was a mere crude advensome singular and whimsical consequences, and it likely, therefore, to please by its novelty but the
speculation in the second letter
ture, leading to
was
tliought
calculation
;
was
a false one,
—
for,
unphilosophical as
too philosophical for newspaper readers. favorite,
It
it
was,
it
was
was, therefore, no
and rather sunk the character of the Spy than raised * * * * * *
The Spy
did write, as you
it.
were informed, the pieces signed in imitation of Pope and
Martinus Scriblerus; they were partly *
Some
articles
under
this signature
during the publication of the Spy.
were published
They were
geological arguments presented in that work.
in the papers, at Richmorjd,
designed to controvert some of the
CHAP.
AN OLD FRIEND.
IX.]
123
Co's criticisms imputed to their hero of the same name.
The
which you say you would demand tlie sight, were sent nor is there any vestige of them, either printed or press the to 'Tis no matter, they answered W'ritten, in possession of the Spy. their purpose of amusing for the moment, and now let them rest in originals, of
;
peace.
I
*******
hear very often, that you are growing fast
How
would
glad
it
my
heart to live
till
in
your profession.
you touch the acme of
—
and, as Peachy would two thieves under a gallows. How Does he erect his chest in the is that vagabond P. coming forward.'' front bar.' Does he spout and thunder like the cataract of Niagara, or does he roar them, " an it were any sucking dove.-"' If he does not do all these things by turns, I disinherit and anathematise him forensic glory, to touch
it
with you, too,
add, hang with you there
—
from the crown of
head to the sole of his
his
rascal a letter or two, and
quantity,
give
my
what
I
want
in
like
I
will
foot.
1
owe
the
pay him shortly, making up
number and
quality.
In the
love to him.
Heaven
bless and preserve you.
Your
in
meantime
friend,
Wm. Wirt.
CHAPTER
X.
1804 — 5. PROJFXT OF A BIOGRAPHfCAL WORK. — PATRICK SUCCESS AT NORFOLK THE HENRY ST. GEORGE TUCKER. — LETTER TO THIS GENTLEMAN RAINBOW. — LETTER TO EDWARDS.
From
date of his establishment in Norfolk in the winter of
tlie
we may compute Wirt's rapid advance to eminence He was here brought into a new sphere of The commercial and maritime law, to which he was study.
1803-4,
in his profession.
legal
in a great
degree a stranger,
he was
now became
As we have seen
his attention. totally
in
the familiar subjects of
the letters written at this period,
unused to the topics, manners, w^ants and concerns
which predominate
in the society,
and especially
To
circles, of an active trading seaport.
in the
master the
business
first difficul-
of such a position, and to win the reputation which his He ambition coveted, exacted from him great labor and study.
ties
had
friends around
to the task
;
him
forensic struggles,
hopes and stimulate
to cheer his
but these friends
were
his efforts
also the competitors of his
established renown, and justly reputed
men of
for brilliant talents as well
as
professional accomplishment
;
and
it may be regarded as no doubtful praise of the new associate in this fraternity, to say that he speedily earned and sustained, in the
public estimation, a fair and acknowledged
title
to a place
on the
same platform which they occupied.
Whatever may be fession in is
;
said to the disadvantage of the
notwithstanding
all
that
is
law
as a pro-
truly and untruly imputed to
it,
the way of derogation, by popular satire and by vulgar jest, it characterized by one condition, in which it has the advantage
of nearly
all
other business pursuits
a test of talent and acquirement.
;
that
eminence
Whilst
in
in
it is
always
other professions,
quackery and imposition may often succeed to elevate the professor in popular esteem, the lawyer gains no foothold at the bar, nor with the public, which he has not fairly won. A grave and
SUCCESS AT NORFOLK.
CHAP. X]
austere bench
a perilous foe to the
is
unprepared or ignorant advocate to
125
make-believe trickery of an
the surrounding bar, too,
:
not
is
be put off with sham seemings contrived as a substitute for
skill.
The
first is
characteristically noted for
who
the inflictions of those to their task
comic
Forensic
and the
;
relish
life is, in
quite
last is
which
Avith
impatience under
its
bring less learning than pretension as
hunts such
it
great part,
in the
life
much game
signalized for the
sharp-sighted observers and not the most indulgent of has always two sides, whereof one
and a blunder,
is
its
critics.
of the matter
proper comment.
Dulness
is
in
stamped or patented with such
sufficient publication, as to
and
settled
intrinsic
drawn
that
The
one never interferes with the other.
quality in the world
Each
court or jury.
independent
;
cate, and the
affords
is
no help to the lack of
stands on
its
own
go ever
The
demerit.
between good fellowship and professional standing
hand,
sure to be
unquestioned upon
its
It
upon the other;
a sentinel
a slip or a slovenly neglect
never escapes without
coverts.
into its
noon-day, in presence of
line
so broadly best social skill
before
foundation, detached and
so that a man may be the worst pleader and advomost beloved of social friends at the bar, winning all
private esteem, but finding no cover or concealment for his professional raggedness. is
but the
The
public opinion of the merits of a lawyer,
winnowed and
through the bar, and
is,
sifted
judgment which reaches the world
therefore,
made up
after severe ordeal
and
upon standard proof
The success of the British Spy, which had now reached perhaps a third or fourth edition, and the reputation which it brought the author,
were too
flattering to allow
of literature, even under
engrossment of successful
all
him
to
abandon the path
the provocations to do so
his profession supplied.
book without contemplating
No man
which the
ever wrote a
The
another.
frequent
echo of one's name as a popular author, and the agreeable personal vanity which
is
fillip
to
given by the notice of the press, magni-
fying into matter of public importance the conceits of one's brain
and rendering his thoughts a commodity
in the
way
set the wits
again at
companiments.
work
—these —but
market
are not unrelished or forgotten by the modest craft, to redouble the
things
straight-
echo and
its
ac-
In the letters of the Spy, the sketches of personal
character connected with the notice of distinguished living persons, 11* VOL. 1
—
— LIFE OF PATRICK HENRY.
126
[1S04-1805.
had formed one of the most popular attractions of the book, and the autlior was said to have been very happy in these delineations. Whilst many admired the portraits, others, as we have seen, were offended by them; and in the collision of opinion between these two classes of readers, it was very evident that the 'popularity of the
book was much promoted.
His success
in these
sketches,
most probably, turned his thoughts towards a plan which he now meditated of writing the history of the eminent men of Virginia. of those, most distinguished amongst the soldiers and civilians of the Revolution, were as yet unchronicled upon any page The time adapted to preserve the distinct record of their deeds.
Many
seemed
to be favorable to the
performance of
To
this duty.
say
nothing of Washington,— whose history, as more properly belonging to the nation, was perhaps not included in this scheme, Patrick Henry, Edmund Pendleton, Richard Henry Lee, and many others, whose names have shed lustre upon the State, were, at
numbered with the dead; but the incidents of .their lives were fresh in the public memory, and capable of being authentiAn equitable public judgment, undiscated by sure testimony. turbed by the prejudices which surround living men, might be expected to await the perusal of their biographies and to do justice
this date,
to their fame.
Neither too soon for
this
collect the veritable materials for the
judgment, nor too
work,
this
late to
was the proper
time to essay the task of a faithful portraiture. It belonged to this generation; and Wirt supposed he might assume the per-
formance of
this duty,
with some certainty of
its
favorable accep-
tance by the public, as the oflering of one who had already established his title to their good opinion by what he had written.
would have been both a grateful and a graceful tribute from an adopted son of the State, who had been honored by so many proofs of the cordial esteem and substantial friendship of the com-
It
munity
in
which he
lived.
accomplishment of his purpose he directed his Henry. It is to this endeavor we owe the Patrick to first attention which we shall hereafter have ocbiography the publication of In the partial
The
casion to notice. interrupted
by
raphy of Henry
fulfilment of the entire original design
the engagements of professional is,
consequently,
which embraced a wide
field
all
that
life,
was
and the biog-
was achieved of
a
scheme
of various and useful research.
CHAP.
ST.
X.]
GEORGE TUCKER.
127
Amongst the most cherished of Wirt's associates, at this time, was St. George Tucker, then the President Judge of the Court of Appeals of Virginia. This gentleman, whose fame is most honorably associated with the national jurisprudence, had held the post of Professor of Law, at William and Mary, where Wirt, during his residence at Williamsburg, with other members of the bar, was an occasional attendant upon his lectures. The Judge was distinguished for his scholastic acquirements, his taste and wit, and
was greatly endeared
by a warmwhich gave a peculiar strength to his attachments. Though some ten years the senior of Wirt, the intercourse between them was that of the most familiar friendship, to the society of his friends,
hearted, impulsive nature
and was enlivened by a frequent interchange of those
humor and good fellowship which belong
sallies
to the intimacies of
of
men
of equal age and kindred tastes.*
The
following letter illustrates this intimacy, whilst
upon the subject of the contemplated biographies. to " The Rainbow " requires an explanation. In the year 1804,
scheme of
it
The
Wirt had associated with a few
touches allusion
friends in a
to publish a series of familiar didatic essays under the title
The Rainbow.
This scheme was no farther carried
into effect
Richmond Enquirer, when it was abandoned.
than the publication of ten numbers in the
between August and October of that year,
These essays were subsequently collected into a thin octavo, and seem to have fallen into oblivion. So far as Wirt
in that guise,
participated in them, they appear to have been rather the practisings
of an
artist
pursuing his studies, than a
work he would
choose to acknowledge as the product of his mature labor. •
The Judge was
a native of Bermuda.
Having emigrated
youth, he completed his education at William and
Mary
to Virginia in his
College.
He
entered the
Judiciary of the State as a Judge of the General Court, and vras promoted to the
Court of Appeals, of which he became the President.
Resigning
this post in 1811,
he was soon afterwards brought into the Federal Judiciary, as a Judge of the
United States District Court in Eastern Virginia, which appointment he held until his death.
LETTER TO JUDGE TUCKER.
128
[1804—1805.
TO JUDGE TUCKER. Norfolk, January
Dear Sir
31, 1805.
:
I have never, until now, had it in my power to acknowledge your favor of the 23d instant. It is full to the purpose of my request, and I thank you for it most sincerely and cordially.
As you seem shown,
I
why it should not be " yet you " kiss the rod
to think there are reasons
promise you that
it
shall not
;
with so much humility and devotion, that I cannot think their high mightinesses themselves, would be otherwise than gratified by its perusal. I
am somewhat
by your
relieved
inquiry,
whether
the letter and packet by Mrs. Banister, for, be
it
received
known
to you,
two or three days after I did receive that comniHnication, I had read all the pamphlets but one, and while my mind was yet warm with the gratification which I had derived from them, I sat in
down and wrote you very
free, that
or two
little
from
a very long letter, and a very free one,
my
hearing no more from you,
requests which
it
contained,
I
was
in
— so
reply to one
afraid that
I
might
have been too unceremonious with you. I was hesitating whether but as olfences I should not sit down and deprecate your wrath ;
proceed only from the heart, and as none, thought
proceeded from mine, I no offence had been given.
it
I
was very
sure,
had
syllogistically demonstrable that
And
yet that you should not,
in
so
long a time, say one syllable in reply to a proposition connected
with literature, was so irreconcilable with your politeness, your goodness, and your passion for letters, that I began to suspect I
had
satisfied
myself with a sophism instead of a demonstration on
the subject of offences
;
and, though
that no offence had been given, yet
it
my
syllogism might prove
did not prove that none had
—
been taken; and so " note the difference," for what is taken, is not always given, or else Hounslow heath and the Louvre would be less distinguished than they are.
Yet, taking offence
is
so different
a thing from taking a purse or a Venus de Medicis, the prize and the gratification so infinitely inferior, that I cannot believe there is
much to
it.
illustration, conviction
or wit in the parallel, and so
— adieu
CHAP.
MATERIALS FOR A LIFE OF HENRY.
X.]
129
But to my letter. It contained a very grateful and sincere acknowledgment for your interesting present by Mrs. B a declaration of the pleasure and information which I had derived ;
from the perusal of the pamphlets, particularly that Louisiana, an expression of
my
in relation to
surprise that the public should dis-
cover such a gusto for the froth, and frippery, and harlotry of
******
some compositions, while they neglected the clear and masculine views which you invariably give of your subjects.
My
letter
proceeded to condemn the modesty with which you
had spoken of Williamsburg,
Morse, and
in
one of your
letters to that sinner
much more might have been
insisted that
truly said, of the natural and
said,
and
adventitious beauties of the scene,
harmony and affection of the society. It you and Judge Nelson, (and there was a congratulation,) on the Arcadian times which
the science, elegance,
went on
to congratulate
spice of envy in the
you were enjoying, and
to express
my
suspicion that, between
two such ardent and importunate wooers, muses, had very
referred to an anecdote
It
their ladyships, the
time for sleep.
little
which
I
heard Judge Nelson
tell
Patrick Henry's fondness for Livy, and begged the favor of to prevail for stantially
and
me, with his honor, to give
me
of
you
that anecdote circum-
critically.
begged another favor of you ; and that was, as you had frequently heard P. H., I had no doubt, in conversation and debate, judicial and political, to do me the kindness, at some moment of perIt
and leisure, to sketch, as minutely as you could, even to
fect ease
the color of his eyes, a portrait of his person, attitudes, gestures,
manners
;
a description of his voice,
lations; his delivery,
sprigbtly
its
tone, energy, and
modu-
whether slow, grave and solemn, or rapid,
and animated
his
;
pronunciation, whether studiously
plain,
homely, and sometimes vulgar, or accurate, courtly and
ornate,
—with an
dominance of
its
analysis of his mind, the variety, order and pre-
powers
;
his information as a lawyer, a politi-
cian, a scholar; the peculiar character of his eloquence, &c., &c.,
for
I
never saw him.
interesting
part of
These
minutiae,
which
constitute the
biography, are not to be
learnt
most
from any
archives or records, or any other source than the minute and
accurate details of a very
uncommon
observer.
BIOGRAPHICAL WRITING.
130
same
In the
[1804—1805.
took the liberty of attempting to revive and
letter, I
enforce your half dormant resolution of furnishing an essay for
" The Rainbow," on the subject of Biography your idea of declining towards biography.
shew
that essay because
For,
if
and of combating
;
my thoughts
had turned
I
the objects of your essay
would be
to
the importance and utility of biographical publications, and
to point out the duties of the biographer, liostile that
would be auxiliary
it
would be so far from as it would give
it
my scheme
to
;
the public a preparatory relish for that kind of writing, and instruct
me how
to serve
up the
feast to tlie best advantage.
being didactic, the essay was intended to be,
If,
instead of
a biographical
itself,
sketch, yet the limits prescribed for an essay would merely enable
you
to excite, without sating the public curiosity,
good preparation
fore be a again,
you proposed
to
for a
pursue
and would there-
more expanded
this
narrative.
If,
subject through a series of
essays, so as to constitute, in the whole, the expanded narrative of
which
I
speak, then the great objects at which
memory of our
preserving the
illustrious
to Virginia the
honor of having given them
pletely gained
by those
my
take this task
ofi"
my power
to
perform
fession, so
much
sometimes forces eral days, so
of
essays.
I
much
must, at
close and unremitting investigation for sev-
word with my family day or
I
would; whereas you have
;
could
all
I
have
night. I
could
the long
at your command could do the make an amusement of it to yourself;
between the sessions
business at your ease
would
fear
events, be a considerable time before
all
accomplish the work as intervals
I
preparation for argument, &c., &c., that
scarcely time to exchange a It
would be com-
birth,)
wish, indeed, that you
find so
interruption
me on a
aimed (those of
much that it will be out of much writing to do in my profrom clients who ask counsel that
hands.
it.
I
I
men, and of perpetuating
;
and from your personal acquaintance with the heroes of the work,
which are too obvious to particularmore valuable and interesting to the in the world would enable me to do.
as well as from other causes ize, could render
public, than I
all
it
infinitely
the leisure
wish you would think seriously of
to collect materials for this
municate when
your name
I
receive them.
shall be
this proposal.
work, which
I
will
Nay, more
;
if
I
am
trying
most gladly com-
you think proper, may name
kept out of the public view, and they
me, without contradiction,
as the author (for there are too
many
CHAP.
A PROPOSAL.
X.]
who
persons
have, by some means or other, got wuid of
may
to suppose that
it
their applauses
become
public disclaimer.
hereby promise you
that
—
that the result
you
would be
I
I
There
is
know, with almost absolute
propitious.
project
they should not applaud,
never will disclaim.
I
for
fatality,
my
And when will make a
be imputed to me.)
loud, general and confirmed,
by any
If,
the offer,
at first,
not,
heroism
in
131
If
it
certainty,
should, or should not,
have an opportunity of seeing and hearing a
will at least
1
much
not
fair
would derive George Tucker, one of the
estimate of your pen, free from the weight which
it
from the name of the Honorable St. Judges of the Supreme Court of Appeals of Virginia. I hope there is nothing improper in the proposal of
On my
ment.
part
You
curiosity.
it is,
in
say your works have been still-born
of this can be found in the works themselves, and see in
experi-
any point of view, improper,
beg you
I
I
;
no solution
wish much to
If the proposal be,
there be any fatality attached to names.
if
this
a very great measure, the creature of
to
excuse
it,
and
to
be
******
assured that there
is
nothing in the motives of the proposal which
should excite your displeasure.
Yours most obsequiously,
Wm. Wirt. The
We
next
is
to
Benjamin Edwards, then a resident of Kentucky.
have already seen the kindly
gentleman manifested
memoir,
in
in the early fortunes
taking him to his
parental solicitude with
student at a period
ful
interest
own house
in
which
this excellent
of the subject of
Maryland, and
this
in the
which he protected and guided the youthfriendly offices were above all
when such
price.
Seventeen years had elapsed since that day.
from
this letter that the
the student's gratitude, nor his
worthy patron.
But
it
will be seen,
time gone by had not blunted the edge of
dimmed
his ardent affection
Mr. Edwards had, during the
interval
towards
between
the date of this correspondence and the departure of his protege
from beneath his roof, removed with his family to Kentucky, and
was now
a prosperous landholder in that state, surrounded
thriving family, and
happy
in the
by a
contemplation of the present and
prospective good fortune which enlivened the evening of his
life.
LETTER TO BENJAMIN EDWARDS.
132
[1804—1806.
which Mr. Edwards took in the career of his friend, and the affection with which it was reciprocated, was shown in a frequent correspondence between them ever since the The following letter was called forth period of their separation.
The
interest
by the disappointment which Mr. Edwards had recently expressed, upon the change of purpose in regard to Wirt's scheme of migraIt has reference to some matters of personal which may be acceptable to the reader and it dwells with an honest warmth of grateful recollection upon the topics
tion to
Kentucky.
history
:
of family endearment, the household associations, the incidents and characteristics which made Mount Pleasant a precious picture
We
on the memory of the writer. perusal of
letter
this
benignity of the good
how man
shall not fail to
agreeably
to
whom
it
it is
remark
in the
impresses us with the
addressed, the simplicity
of his life, and the patriarchal character of his relation to those around him ; and how much there is in the writer of filial duty
and reverence.
TO BENJAMIN EDW^ARDS. Norfolk, March I
my
cannot describe to you,
17, 1805.
dear Mr. Edwards, the sensations
have just read your most welcome and obliging letter
with which
I
of the 17th
ult.,
from Shiloh.
I
need not be ashamed to
tell
you
that my tears bore witness to the sincerity and force of my feelYou have taught me to love you like a parent. Well ings.
do so; since to you, to the influence of your conversation, your precepts and your example in the most critical and decisive period of my life, I owe, whatever, of useful or good there may be in the bias of my mind and character. Continue then, I indeed
may
I
implore you, to think of
regard
me
as
me
a brother
:
as a son, and teach
they shall find
me
your children
one, indeed,
if
to
the
wonder working dispensations of Providence should ever place them in want of a brother's arm, or mind, or bosom. You could not more strongly have expected my wife and me to partake of your Christmas turkey in 1803, than
pected
and
my
it
when
I
wrote you
last.
I
was
we
ourselves ex-
sensible that
I
owed you
friend Ninian an apology, or rather an explanation of the
CHAP.
OBJECTIONS TO KENTUCKY.
X.]
my
abrupt change of
133
plan in relation to Kentucky, and this expla-
would have been certainly made at the proper time, but for point of delicacy arising from the nature of the explanation a nation
now
But
itself.
that the project
is
over and, with you,
I
fear for-
ever, I may explain to you without reserve. The first obstacle which I had to encounter arose from the difficulty of compassing so much cash as would enable me to make
my
To
debut sufiiciently respectable.
have disclosed
this
ob-
stacle either to you or Ninian, after the strong desire which I had manifested to migrate to your state, might have been liable to an interpretation, which, either from true or false pride, I chose to
As I could not state to you this primary obstacle, I thought would be disingenuous to amuse you with an account of merely My but now you shall know the whole truth. subordinate ones avoid. it
;
wife,
who was
removal
thoroughly
convinced of the propriety of our
Kentucky, had consented
to
to
it,
from the dictates of
reason and judgment, whilst her heart and affections secretly revolted against the measure.
Most
dutifully
and delicately, how-
ever, she concealed her repugnance from me, and
have known
it,
should never
I
Waking one
but for an accident.
mid-
night, at
was contemplated, I found her in tears; much importunity, drew from her an acknowledgment, that
night, while this journey
and, after
her distress proceeded from the idea of such a distant and most
probably I
final
separation from her parents and family.
deny that I believe this discovery and the would have been decisive with me against the re-
will not affect to
manner of
it,
moval, even
if the first
objection had not existed.
Fortune and
fame are, indeed, considerations of great weight with me; but they are light,
compared with the happiness of the
About the time of inclinations
this
discovery, and while the current of
had been thus checked and brought
young gentleman
best of wives.
(a son of the late
my own
to an eddy, a
Judge Tazewell) who was
at
the head of the practice in this part of the state, very generously
and disinterestedly waited on
me
at
Williamsburg, opposed
my
removal by every argument that friendsliip or ingenuity could suggest, offered to recede, in
my
favor, from several of his
most
productive courts, painted the progressive prosperity of Norfolk in
colors, so strong
and alluring, and exhibited such
evidence of the present profits of the practice VOL.
1—12
in this
irresistible
borough and
PROFESSIONAL HOPES.
134
my mind was
district, that
left in
[1804—1906.
equipoise between Kentucky and
Norfolk. this critical juncture
At
me
very amicably exhorted
came a
from you,
letter
which you
in
against the indulgence of a too sanguine
You
imagination in regard to Kentucky.
stated that the specie
almost disappeared from the state, owing to the occlusion of an inOrleans, by the Spanish Intendant against your deposites
liad
—
convenience whose duration
was impossible
it
represented that the gentlemen of inhabitants of the state, carried
my
profession, like the other
on their business by barter,
Under the
ceiving their fees in negroes, horses, &c.
of
which brought me
1
was
led to the adoption of the resolution
And
here.
re-
joint action
and motives of
these obstacles, dilRculties, considerations
all
policy and expedience,
and
to calculate,
so here
I
am, abreast with the van
of the profession in this quarter, Avith the brightest hopes and prospects; duping the people by a most Jenkinsonian exterior, using
" words of learned length and thundering sound," puffed by the newspapers as an orator, to which I have no pretensions, and honored and applauded humiliation with
which
far I
beyond
my
deserts.
see and hear what
only for the
It is
written and said in
is
my praise, that I give myself any credit. I have formed in my own imagination a model of professional greatness which I am far, very
below, but to which
far,
to this
model
that
I
I
me
to this imaginary prototype,
1
!
But
1
If a fortune is to
believe
I
shall
years to ertect
do
it.
this.
If ever
to the dust.
shall rest in peace.
must not despair, since
man can
fection that a
It is
compare myself, whenever the world applauds,
and the comparison humbles
terprise
will never cease to aspire.
it is
I
should rise
— Herculean en-
only by aiming at per-
attain his highest practicable point.
be made by the profession It
must require, however,
Norfolk, as you guess,
is
in this country, 1
fifteen or
twenty
very expensive.
1
keep, for instance, a pair of horses here, which cost me eight pounds per month. Wood is from four to eight dollars per cord; Indian meal through the winter nine shillings per bushel,
mer
it is
supposed
})er barrel,
my
will
be
fifteen; (lour
—
this
sum-
eleven and twelve dollars
a leg of mutton three dollars, butter three shillings per
])ound, eggs
Having
it
two
family, in
shillings
and three pence per dozen, and so on.
however, with the view of making a provision for the event of my being called away from them, I live
set out,
CHAP.
EXPECTATIONS FROM HIS PROFESSION.
X.]
as economically as
I
my
can, so as to avoid giving
wife any reason
and
for resrret at the recollection of her father's house
After this year,
two thousand do more than
my
hope
I
this.
I
and not
scene of things
this
find this latter
I
my
all
my
to
whenever
I
affairs,
state.
your
It is not,
horizon," which infinitely
my
was
my
it,
summer and
the case last
makes me
letter
long to realize.
superiors
in
myself a comet; nor can
I
is
for
;
the face
sigh at the thought of your
however, the idea of being " a comet I
fall.
shall certainly use
I
from you, propitious as
it
my
by driving me from
wife to reconcile her to Kentucky
will not conceal
me
operation short, by removing
this
or protract
;
event likely to take place,
influence with
even now, of
do not expect ever
I
then.
till
business into annual exile, as If
— but
an annual revenue of four thousand dollars,
which you mention, may cut from
practice,
table.
to nett annually
indeed sometimes very apprehensive that the yellow fever,
am
I
my power
in
shall be content to leave the bar
me
capital will nett
it
by the
dollars,
be
will
135
naked
in a
have seen too many luminaries,
magnitude and splendor,
believe
to
believe that horizon naked which
I
is
adorned and lighted up with a Breckenridge, a Brown, a Maury and N. Edwards.
Besides,
that this part of the
were ambitious, and
if I
stars, I should, for that reason,
would be distinguished amid
choose
this part.
Green River land which makes me leased from the toils of
my
sigh
No,
it
to indulge
myself
requires a It
sir.
is
the
the idea of being re-
;
afterwards at
only on great occasions, and for great fees
power
true
glow-worm it
by independence,
profession
years, and of pursuing
A
But,
total darkness.
sun, indeed, to eclipse the starry firmament.
or eight
were
it
hemisphere were gilded with the brightest
in six
ease, and
of having
;
in the cultivation
my
it
in
my
of general science
of luxuriating in literary amusements, and seeking literary emi-
Those are
nence. to
look
of
life,
to, as
the objects
which
I
have been accustomed
the most desirable companions in the meridian
and six or eight years more would just bring
me
to that
which Parson Hunt and his son William used to predict, in moments of displeasure and reproof, that I should begin to be a age
at
man,
—
viz. at forty.
It is
because your letter holds out probabil-
ities like these, that I sigh.
this country,
For
independence, by
I
my
know
that
profession,
by the practice of is
a great
way
off.
!
FAMILY AFFAIRS.
136
How
much
would delight me
it
To
and earshot of you.
your laugh
my
children
youth
these arc things that
;
:
— but
I
to hear
;
your
My
I
wife has given
We
years.
afiairs
raillery and
could think of until
enough.
more than two
in little
once more within eye
he ahle to talk over with you the
of Mount Pleasant, and of
be quite unmanned
to live
[1804—1805.
should
me two
were married on the
7th September, 1802, and on the 3d September, 1803, she gave
me
now
a daughter,
months
a lovely child, going on nineteen
and with the romantic name of Laura Henrietta, the
a very handsome child, and a fellow
whose
if
old,
the fa-
name of my mother.
vorite of Petrarch, the last the christian
me
the 31st day of last January she gave
first
a son,
who
is
On
certainly
there be any truth in physiognomy,
native sheet of intellectual paper,
of as
is
fine a
texture and as lustrous a white, as the fond heart even of a parent
My
can desire.
fancy
is
already beginning to build for him some
of those airy tenements, in the erection of which,
My
been wasted.
and as
shall give
I
hope
She was just twenty-one the 30th day of
way. I
youth has
matter altogether within the lady's department,
this is a
January, and
my
wife wants to call this boy Robert Gamble,
was thirty-two
we may
reach
I
last
November, so number of twelve, and be
the 8th day of last
my wished
for
almost as patriarchal, by and by, as yourself
How
much you
—
gratify
me by
the circumstantial description of
now, and tiieir hopeful prospects I hope and May all your wishes in regard to them be fulfilled pray so from my inmost soul. I have a kind of dim presage that I shall yet be in Kentucky, time enough for your Benjamin Frank-
your children
their prosperity
!
Heaven send I may ever have it in my not for Cyrus. Pray, repower to be of any use to either of your children member me to them all, with the regard of a brother, and present me to Mrs. Edwards, with the respect and dutiful aflin, if
!
fection of a son.
Shall
1
ever see you again, in the midst of
them on your farm, disengaged from deserve to be
memory
.?
You cannot
yet
life, in
as
you
my
care, and
dwells on Mount Pleasant and the neighborhood.
remember, indeed, very many of,
happy
with what tenderness
all
think
still
it
is
follies to
one of those " sunny spots"
which recollection dearly loves
with you, for you used to make
me
so.
I
blush at and be ashamed in the
to bask.
To
this
course of
Let
me be
my free
day, the image of
CHAP.
B.
OLD ACQUAINTANCES.
X.]
S
my
as fresh in
is
,
mind, as
if
137
she had just
Pleasant, on Sunday evening, on the bay mare, and
followed
is
And
way home.
just as vivid as if
it
's
passion for her and mine,
had passed on yesterday.
my
you have not said a word of very strong interest
which you once
the investigation
K
the difference between
made of
eyes had
through the gate, and as far around as she was
licr
on her
visible,
Mount
left
my
K
friend
in his welfare, let
me
By-the-bye,
and as
,
hear of him
take a
I
when you
write next. I
thank you very much for your mention of several of
Among them
acquaintances.
James) in
my
is
all.
Jack Wallace
(if
he
human
him one of the sweetest
W
Maj.
presume,
I
,
is
my
When we
is
Of
Q.
#
M
,
I
But
in despair.
it is
was Latin grammar
fast,
possible that
he had a very pretty
whom
was very much
I
ball in the
remember
at
all.
five
after bathing of a
to me.) for one
I
.
hill,
until
he came
may be mistaken, and am conOne other thing I am sure of, whose name was L with ,
one whole
night, at an exhibition
E.
M
,
I
do not
well remember the family of the latter,
W.
near a mill pond of Samuel
Magruder's.
or six of us, of the family of Magruder, who,
Sunday
in the
pond, used to go up and see a
Matthew's, whose name was Betsey, (a name always I
was then about twelve years
whole summer, VOL.
to
away
took him
could not have been acquainted with him, nor
M. L
lived on a
There were
I
* a large faced, well
his father
neighborhood of Parson Hunt's.
think, with
sister of
sister,
in love
and
?
1
founding him with some other boy.
who
faded, like the
it
#
only remember that he
the
of genius.
Smothered under
.''
has
#
*
grown boy, who learnt the penna-a-pen, where he stuck
I
Or
flower of the spring, to bud and bloom no more *
that
in point
the hopeful promise of his youth ?
w^ere at
was thought one of
new wonder,
the leaden atmosphere of indolence
who
schoolmate, William,
school together, about the year 1785, he
world's wonders, or rather, a
first
warmed
breast.
used to live at Montgomery court-house.
Where
old
Nature, indeed, had not taken much pains
favorite.
the cast of his genius, but she gave
tempers, and one of the finest and noblest hearts that ever a
my
the son of
is
1—12*
old,
that girl disturbed
and
my
I
remember
fatal
that
peace considerably.
;
THE BRITISH SPY.
138
The but
sex,
ment
I
I
had an earlier or more fervent votary
believe, never
*******
was
it
[1804—1805.
all light
work
came
I
till
S
to B.
.
To
this
mo-
think kindly of her, even in the grave.
have used already a good deal of egotism in this letter but it is unavoidable in letters between friends, and it certainly is not desirable to avoid it between friends so far sundered as we are, :
I
are obliged to resort to letters as a substitute for conversation. For my own part, I sat down with a determination to write
who
would
just as I
talk with you, in order that I
might approach as
near as possible to the enjoyment of your company, and, as I should certainly have talked a great deal of levity and nonsense, so have I written, and so I shall still write, although I know that I
am
taxing you with a heavy postage.
But
to
myself again.
from your allusion the author.
to
it,
I
you have read the British Spy, and, presume you have understood me to be
1
wrote those
I find
It is true.
anxious weeks which preceded the birth of
my
away
while
letters to
daughter.
******* They
respect they were imprudent.
inflicted
six
In one
wounds which
I
did not intend.
In the esteem of a penetrating and learned man, the British
would light
me, because
injure
and superficial; but
(on W'hom
depend for
I
advantageous.
It
its
my
fortune,) has,
I
believe, been very
was bought up wnth great
edition called for and bought last,
up
;
avidity
It
a second
;
and the editor, when
talked of striking a third edition.
I
saw him
has been the means of
making me extensively known, and known
to
my
advantage,
*******
except, perhaps, with such
men
as Jefferson and Jay,
minds readily ascertain the difierence
The
title
of this fiction
Spy
would lead him to believe my mind effect on the body of the people here,
it
between
was adopted
for
whose
just
bullion and chaff.
concealment, that
might have an opportunity of hearing myself criticised
thereby I without restraint. But I was surprised to find myself known after Having once adopted the character of the third letter appeared.
an Englishman, it was necessary to support that character throughout, by expressing only British sentiments ; yet, there were some
AN IMPUTATION.
CHAP. X]
men, weak enough, that
I
in this state, to suspect,
139
from
this single cause,
*******
had apostatized from the republican
however,
is
now I
faith.
The
suspicion
pretty well over.
am your
friend,
and
Your son by
election,
Wm. Wirt.
—
CHAPTER
XI.
1805—1806. INCREASING EEPUTATION.— DISLIKE OF CRIMINAL TRIALS— MEDITATES A RETURN TO RICHMOND AN OLD FASHIONED WEDDING AT WILLIAMSBURG LETTERS A DISTASTE FOR POLITICAL LIFE.
Mr. Wirt His
life
continued to reside
here was
progress upward
extending his
its
He
practised
July, 1806.
rapid and steady
largely through
the
district,
attendance upon the courts as far as Williamsburg counties
the
fast to
He was
already
in the state,
and was
Norfolk.
adjacent to
accounted one of the most eloquent advocates
growing
until
towards the attainment of reputation, influence,
and independence. into
Norfolk
career was characterised by
professional
and
in
one of close application to business, and his
be considered one of the ablest of her lawyers.
His renown as an advocate brought him
into almost
every criminal
of note within the circuit of his practice, and overburdened
trial
him with
a species of business sufficiently disgusting in its best
its varied demands upon a man in whom the mere pride of eloquent speech has not deadened the sensibility of his heart to what is good and bad, cannot but grow to be
phase, but which, in
inexpressibly irksome and offensive.
"
I
am becoming
ill
at ease,"
he writes to Mrs. Wirt, from Wil-
liamsburg, during this period, " at this long absence from you and my children. * * I look to you as a refuge from care and toil.
It is this
anticipation only
which enables me
pressure of employments so uncongenial with indiscriminate defence of right and tion of causes at
which
my
wrong
soul revolts
—
—
this
to sustain the
my
spirit
this zealous
is
hope
He
sickening, even to death. it
will
began
this
playing of the nurse
to villains, and occupying myself continually in cleansing it
:
advoca-
them
But the time will come when
I
be unnecessary." to long for the privilege
his time to that higher
of an exclusive devotion of
range of practice which, dealing with the
CHAP.
MEDITATES A RETURN TO RICHMOND,
XI.]
more complicated
affairs
of society, gives occasion for the employintellect, in the study and develoj)-
ment of the subtlest powers of ment of the great principles of life,
as distinguished from that
advocate,
is
141
only to be
In this sphere of forensic
right.
which
properly assigned to the
is
achieved that best
followed the names of the greatest lawyers.
renown which has It
exacts not only
the cultivation of the highest order of eloquence, but the study also of the noblest topics of human research, in the nice questions
most powerful auxiliathe learning that belongs to the history and philosophy of
of jurisprudence and ethics, and finds ries in
its
Popular advocacy, on the other hand, whilst it allures its votary into a path made vocal with the applause of the multitude,
man.
seduces his mind from
its
love of truth, teaches
him
to disparage
the wealth of the best learning, and to account the triumph in the
open amphitheatre
precious than
the
all
in the
won
presence of the crowd, as more
gems which are
turned
up
in the silent
delvings of the student patiently toiling with no companion but his lamp.
In the hope of soon obtaining that position at the bar which should enable him to realize these longings of his heart, Wirt
which made upon
labored, with cheerful submission to the present necessity
compelled him to obey whatever
He
him.
call his
profession
looked anxiously for the day of his return to Richthat that period should not be long postponed.
mond, resolved
The
which was
usual unhealthiness of Norfolk during the autumn,
occasionally aggravated by the appearance of the yellow fever,
forced him to remove his family during the
Richmond, or self
still
into the neighboring counties.
hold disquieted him. dren,
it
season, to
further towards the mountains, whilst he him-
to remain in the borough, or
was obliged
warm make
his circuits
These separations from
his house-
Passionately attached to his wife and chil-
was ever the engrossing
subject of his thoughts to push
his professional success to the point
which would allow him
to
—
remain at home, and that home, as he hoped, in Richmond. " I amuse myself," he says in the same letter I have last quoted,
"
laid
by money enough
in
planning fairy visions of futurity.
living there, and
I
to build a
house
in
I
imagine that
Richmond
—
we have we are
that
practising in the Superior Courts, in the van of
—
:
142
ASPIRATIONS.
the profession, making
my
[1805— 1S06.
a year without once leaving the
town."
May mond
10th, 1805, he writes to Mrs.
W.,— " We will go to
ladder by which Ave are to climb the tageously.
— Norfolk
is
the
is
of Richmond advan-
hills
the cradle of our fortune."
Whilst turning over many
Mrs. Wirt, from which
Rich-
But Norfolk
soon as prudence will permit.
to liv^e as
I
during this year
letters written
make but meagre
extracts
to
— the follow-
ing passage occurs, which speaks an earnest and most characteristic aspiration
of the writer.
*
*
*
*
*
"I have been by Judge Prentiss who came into my room to look at the miniature of Patrick Henry, which has been sent to me by Judge AVinston, and to read a very interesting narrative of P. H. by the same gentleman. Mr. Winston's story is a huninterrupted
The proor 's. me more and more, and I hope to be enabled to immortalize the memory of Henry and to do no discredit to my own fame. The idea has been always very dismal to me, of dropping dred times better told than either
ject pleases
into the grave like a stone into the water,
Time
and letting the waves of
close over me, so as to leave no trace of the spot on
For
I fall.
this reason, at a
my
very early period of
solved to profit by the words of Sallust,
who
which
youth,
I
advises, that if a
re-
man
wishes his memory to
live forever on the earth, he must either worthy of being always read, or do something worthy of being written and immortalized by history. Perhaps it
write something
is
no small degree of vanity
but
I
to think myself capable of either; have been always taught to consider the passion for fame as
not only innocent, but laudable and even noble.
I
mean
that kind
of fame which follows virtuous and useful actions,"
^
In the
same correspondence
description of a
wedding
at
I
find a letter
Williamsburg,
from which
worth preserving as a sketch of manners and customs Dominion at that date *
wedding.
*
*
The crowd
"I went
last night to
Avas great, the
take a
in the
Miss
room warm,
I
1806.
in April,
P
It is
Old
's
the spirit of
man could not down upon a neighbor's.
dancing was upon them, and the area so small that a lift
a foot without the hazard of setting
But then, by
way
it
of balancing the account, there was a group of
CHAP,
AN OLD FASHIONED WEDDING.
XI.]
very gay and pretty
Miss P. herself, never looked so
girls.
She was dressed perfectly
lovely before.
143
plain,
— wore
her
own
She had not a hair, without wreath, laurel or other ornament. there was a neat about her: silver or gold of atom flower nor an pair of pearl pendants in her ears, but without any stone or
Her
tallic setting.
least a
hundred
reels,
friends,
home
in
You know
she
at
her cheeks were blown to
in
a very pretty girl
is
me-
—but she danced •,
but Sally
was also there, seemed to bear off the bell."
"But
my
and the roses
:
******
their fullest bloom.
C, who
dress a pure white muslin
to the
wedding.
I
went with the
intention of seeing
merely peeping into the supper room and coming But I got there about eight
an hour or two at farthest.
o'clock, and the dancing
room was
so thronged as to be impene-
which would have been very much more incon-
trable without an exertion of strength
inconvenient to
me
in so
warm
a room, and
whom I might overset in my career. So, I watched the accidental opening of avenues, and it was an hour and which, by-the-bye, a half, at least, before I had kissed the bride and I did under the pretence of delivering a message from you venient to those
—
—
bows which were due from me. The enquiries after you and your children were many and apparently affectionate. " It was past eleven when the sanctum sanctorum of the supper room was thrown open although I dont know but that the made
the
—
designation of the sanctum
apartment
my
in the
house
— and
turn to see the show.
you.
The :
it
And
tree in the centre
any thing of the kind feet high
would be better applied
the cake
I
a very superb one
to
were
have seen.
It
the pedestal, had a rich
fringe of white paper surrounding lands, &c., &c.,
it
it
was,
another
came I
to
assure
cake was more simply elegant than
remember
itself,
to
was near twelve when
it
was near four
—very rich
the leaves, baskets, gar-
:
all very naturally done in white paper, not
touched with the pencil, and the baskets were rarely ornamented
with silver spangles.
pyramids of
At the ends of the
jellies, syllabubs, ice
creams, &c.
mids were connected with the tree
in
ornamented with paper
bow
lofty
the which pyra-
the centre cake
white paper chains, very prettily cut, hanging festoons, and
were two
tables
in light
knots.
by pure
and delicate
Between the
— !
LETTER TO MR. EDWARDS.
144
centre cake and each pyramid
[1805—1806.
was another large cake made for use:
was a profusion of meats, cheese-cakes, fruits, etc. etc. " But there were two unnatural things at table ; a small silver globe on each side of the tree, which might have passed if Charlotte, to enhance their value, had not told us that they were a then there
—
—
—
—
whose name 1 dont recollect between the size of a shaddock and an orange, covered with silver leaf; which was rather All the grandees of the place were too outlandish for my palate.
fruit
*****
."
there
The
—
wed-
particularity and quaintness of this description of a
ding supper of more than forty years ago, in low Virginia, has a
smack
in
which may remind one of Froissart, or some enrap-
it
tured chronicler of a banquet scene of those days wdien "ancientry
The
and state" were held
in
more reverence than
great centre cake and
its
white paper tree four feet high, and the
paper chains hanging all
way over
the
in delicate festoons
the present.
from the topmost boughs,
the table to the apexes of the pyramids of jellies,
and the two large cakes below, ^'for 7«e," and the silver globes
home manufactured grandeur of the old blooming bride danced " a hundred reels" on the wedding night, giving fresh brilliancy to the roses of her cheek " Old times are changed, old manners gone," and Williamsburg,
a pleasant picture this of time,
when
a
—
doubtless, has dismissed the great paper tree and the sweet in
which
it
mould
We may thank the young
grew, for modern fopperies.
lawyer who has so happily preserved these images.
We
come now
to another letter to the
good friend of
his youth.
TO BENJAMIN EDWARDS. Norfolk, May
My Dear You I
Sir
see
I
have not gotten
never shall while
stitution.
6, 1806.
I
I
live
;
rid of
they
my
make
levities,
and most certainly
an essential part of
my
con-
catch myself, sometimes, singing and dancing about
the house like a
madman,
to the very great
amusement of
and children, and probably of the passengers going along the street.
This
is
very
little
who
like
my
wife
are accidentally
the wise conduct
VAGARIES.
criAP. XI.]
145
which Shakspcare makes Henry IV. recommend
made
of his
in spite
believe that
will not
the court-house.
I
to his son
:
but
some consolation in the figure which Henry V. Yet I hope you father's maxims of gravity.
the hair-brained find
I
dance
either sing or
know
the street or in
in
the indispensable importance of a
little
******* draw the magic
state, to
circle of respect around one's self and
repel intrusion and vulgarity.
To
be sure,
when
am
I
material if a
in a letter, it is not so
eccentric caper here and there
but
;
I
man
cuts an
same propensity
feel the
arguing a cause before a court and jury, although
I
see
the track plainly before me, yet like an ill-disciplined race-horse I
am
perpetually bolting or flying the way, and this, too, perhaps
very
in the
After having laid
of the argument.
crisis
my
pre-
mises to advantage, often having gone through an elaborate deduction of principles, in the very instant the fruit of
body
me, and,
in
just as he
me,
spite of
when
the
was
I
I
was
its
off,
when every
Commodore Trunnion's
like
conversation the other day with a
in
and was lamenting to was sure arose from the want
this subject,
of intellect, which
He
of a well directed education. to
about to reap
arriving at church to seize the hand of his anxious
very intimate friend of mine on this laxity
am
I
some meteor springs up before
it,
am
when
conclusion, and
pack of hounds crossed him so unpropitiously,
and expecting bride.
him
my
by drawing
toil,
on tiptoe expectation of
is
hunter,
my
I
admitted that
proper cause, but doubted whether
as a defect, suggesting that the
man
in
it
had ascribed
I
it
ought to be lamented
whose imagination these
meteors were always shooting, bid much fairer both for fame and fortune than the dry and rigid logician, In reply
it
was but necessary
for
me
our eyes to disprove his suggestion.
however close and cogent.
to appeal to
examples before
One was Alexander Camp-
whose voice had all the softness and melody of the harp, whose mind was at once an orchard and a flower garden, loaded with the best fruits and smiling in all the many-colored bloom of spring whose delivery, action, style and manner were perfectly Ciceronian, and who, with all these advantages, died by his own
bell,
—
*
hand.
here
is
*
*
*
John Marshall, whose mind seems
Qn to
be
the other hand, little
else than a
mountain of barren and stupendous rocks, an inexhaustible quarry VOL.
1—13
MATHEMATICAL STUDY.
146
[1S05— 1806.
Irom which he draws his materials and huilds his fabrics, rude and Gothic, but of such strength that neither time nor force can beat
them down
—
who would not turn otf a single step from argument though a Paradise should rise to
a fellow
the right line of his
tempt him, who, his mind,
would
it
appears to me,
strike
it
a noxious plant from his
rigid as he
is,
has acquired
all
There
to desire.
shall's certainly is the true
The
a flower
were
to spring in
up with his spade as indignantly as a
mer would
man need
if
is
yet who,
meadow,
all
far-
dry and
the wealth, fame and honor that a
no theorizing against
Mar-
facts:
road to solid and lasting reputation
habits of
in
mind are directly those which
******
courts of law.
liis
an accurate and familiar acquaintance with the mathematics generates.
I
feel
so sensibly
study, that,
him,
I
will qualify
know what
my own
deficiencies in this mathematical
Heaven spares my
if
him
to
son, and enables
be a professor
poetry and rhetoric are.
If
and imagination, he will, i/ien, be away with and unhorsed by them.
in
in
it,
me
he turns out
he
to
have fancy
danger of being run
less
If
to educate
before he shall
is
for the bar,
I
shall
never cease to inculcate Marshall's method, being perfectly persuaded that for courts, and especially superior and appellate courts (where there are no juries,) is
true that if
I
(as to mind,) a
had
my
choice,
I
it is
the only true method.
It
my
son
would much ralher have
Mirabeau than a Marshall.
If
such a prodigy, as
described by Mr. Jetferson, did ever I have heard Mirabeau spoke of him as uniting two distinct and For he exist. really perfect characters in himself, whenever he pleased, logician with a mind apparently as
sterile
— the
mere
and desolate as the
sands of Arabia, but reasoning at such times, with an Herculean force,
which nothing could
resist
;
at
other times, bursting
out with a flood of eloquence more sublime than Milton ever imputed to the cherubim and seraphim, and bearing all before
can easily conceive that a man might have either of these characters in perfection, or some portion of each, but that the same mind should unite them both, and each in perfection^ him.
I
appears to me, considering the strong contrast in their essence and operation, to be indeed a prodigy. Yet I suppose it is true,
"
for Brutus
is
an honorable man."
CHAP
DANGERS OF POLITICAL
xr.
No, my dear
friend,
147
never become famous by
shall certainly
I
LIFE.
On
burning a temple, or despising the religion of Christ. subjects, in
my
thought and spoke, to
from
tlie
and ostentation of youth,
heat, vanity
the
brink of luin, to which, whenever
me
rushed, convinced
there
that
power, who was taking an that ingratitude
my
I
myself,
invisible,
I
hope
conviction which
heart, than
me from
hope, will save
madly
I
benevolent
preservation.
The
my
have just mentioned, no sooner struck with a sentiment which,
my
vices.
once
series of rescues
left to
was an
interest in
not one of
is
A
shame, too loosely.
these
I
it
was
I
filled
the fate of a
Voltaire and a Domitian.
The friendly hope which you express, that you will live to hear me toasted at every political dinner, for superior virtues and wisdom, is indeed very obliging, but very unfounded. You know how poor I have always been. The rocks and shoals of poverty and bankruptcy
Among
famy.
very near to the whirlpool of dishonor and
lie
these rocks and shoals
beating ever since
I
The whirlpool I have now out of danger: but
entered upon the world.
escaped, and, thank Heaven, feel myself that horrible danger
gling
done
if I
place
I
till
shall
I
my
never forget
give myself up to politics.
nor shall
;
I
cease strug-
its
reach.
This cannot be
This
latter
might be the road
children out of
to distinction, but not to independence, either for myself or
children.
When
I
in-
have been tossing and
I
have placed
my
my
wife and children beyond the
reach of this world's cold and reluctant charity, unfeeling inso-
more insulting pity, then my country shall have all the which I am capable of rendering. But while I have opportunities of hearing, seeing and reading, and making com-
lence, or little
service
parisons between other
my
men and
myself,
cannot believe that the
I
make me
Nor, remember how Miltiades, Aristides, Cicero, Demosthenes and many others were once idolized by their countrymen and I remember the disastrous little all
of
indeed, do
services will ever
envy that distinction
I
to
a political toast.
any man: for
I
;
proof which their examples afforded of the fickleness of popular favor, and the danger of aspiring to political distinctions even
the exercise of virtues. if
my
say
is,
Yet
I
would not shrink from
country required the sacrifice at that
I
shall
my
hands.
All
by
their fate I
never enter on the political highway
mean in
to
quest
MEDITATES ANOTHER REMOVAL.
148
Thank Heaven!
of happiness.
whose
praise, if
wanton
I
were
have
I
in praise
home— a
wife, in
my
pen would grow as
of his
Marcia, two cherub
to indulge
as Juba's tongue
at
it
[1805-1806.
it,
a revenue which puts us quite at ease in the article of living, and the respect and esteem of my acquaintances, and A man who has blessings like these in I may say of Virginia. ciiildren,
possession will not be very wise to jeopard them
all
by launching
on the stormy Baltic of politics.
Ever your
friend and servant,
Wm. Wirt. Wirt had now made up his mind to remove to Richmond. A scheme which had already taken such hold upon his fancy, reHis quired no vehement enforcement from the advice of friends. had it suspense the distrust upon this question of removal, and hy banished effectively encountered in his mind, seem to have been WilFrom the accidental counsel of his friend Judge Tucker.
*******
liamsburg, whilst attending court there, April, 1806, he writes thus to his wife ''
:
Williamsburg * *
vately, that
mond.
my
He
is
just as hospitable and as heautiful as ever.
*
caught
told the
I
were pressing me
friends at
Judge (Tucker) myself
to fix
with his usual enthusiasm,
it
in
—
pri-
Rich-
insisted
I
—
swore that I could not live another year in should adopt the plan, Norfolk, declared that I had fattened at least forty pounds since he saw me in the winter, and that I was so fit a subject for the fever, he did'nt know the man on whose life he would not sooner buy an annuity than on mine said he was sure I should do well at
—
:
the bar there, after a year or two I
might well support
hood, I
I
am
to assist
ject again deliberately it
as
family in
me with
that,
even for the present,
Richmond and
its
counsels.
and free from bias,
the neighbor-
my
Think of dear B.
you please, and wiiatever may be the
always believe you advised *
and
perfectly confounded by the arguments pro and con.
pray Heaven
decide
my
;
*
Do not yield
aforesaid pros and cons. will cither ruin or
make
It is
too
much
You
shall
result, I shall
*
*
for the best.
this sub-
to inclination in the
a measure which,
if
resolved on,
us happy, and, in the former event,
it
CHAP.
DOUBTS
XI.]
may end
in
close to
my
I
Kentucky.
I
IN
REGARD TO
confess that
am swayed by
of losing —he was — may Heaven guide us afraid
point,
— " whether
of no great duration.
in
prevailed.
In a
Richmond upon
1— 13*
I,
of
it
was
better to bear the ills" he had,
—
knew not of gave him, however, pause The auspicious and better counsels of Mrs.
he
few months
after this letter,
he took a house
a lease of five years, and set himself to the
business of his removal with
VOL.
Heaven,
!"
fly to others'" that
Wirt
movement commence it, Hamlet when he
bring the
doubts like those which agitate
an earthly Paradise
This
I
mind, and imagine myself just about to
meditates self-destruction
" or
when
149
IT.
all
proper despatch.
CHAPTER 18
XII.
6.
REMOVES TO RICHMOND A PROFESSIONAL CASE OF CONSCIENCE.— DEFENCE OP SVVINNEY CHANCELLOR WYTHE.— JUDGE CABELL.— LETTER TO MRS. VV. ON SWINNEY'S CASE.— FONDNESS FOR MUSIC— LETTER TO F. W. GILMER.— RECOLLECTIONS OF PEN PARK.
His dwelling place turn to the bar there
Richmond.
His
is
now once more
is
signalized by a case of conscience, the
proposing of which shows that he had
in
now reached
re-
that point in
which, no longer impelled by hard necessity, he might debate with himself a question of casuistry, upon the merits of taking employment in a criminal cause, wherein he had reason
his profession in
unworthy of defence. This is a new era an incident which does not always arrive The point has often been in the career of even eminent lawyers. The better opinion of the bar seems gena debated question. much erally to have settled it on the side of their own interest to the gratification of culprits, who, however steeped in iniquity, find no lack of energetic and skilful defence from the brightest, if
to believe the criminal in his forensic life.
It is
;
not the best, lights of the profession.
A
trial
is
regarded as a
species of tourney, in which the champions are expected to their prowess
—
to use a
diirladiation," as little
phrase of the British Spy
concerned with the
—
in
intrinsic right or
of the accusation, as the knights of the ancient tilting
show
" forensic
wrong
yard were
with the real merits of the beauty of their respective mistresses. The laws of chivalry placed the true knight in a category somewhat resembling that of Captain Absolute. " Zounds, sirrah, the lady shall be as ugly as slioulder
;
she shall be
I
choose: she shall have a
as
crooked as the crescent
shall roll like the bull's in
like a
shall
Museum
;
her one eye
she shall have a skin
—
and the beard of a Jew, she shall be all this,— ogle her all day and sit up all night to write sonnets
mummy
and you
Coxe's
hump on each ;
on her beauty."
The
question of conscience ordinarily fares no
CHAP.
CHANCELLOR WYTIIE.
Xrr.]
151
better in the courts, in the customary tilting there in defence of
suspected innocence.
now exercised the meditation of Wirt was by the name of Swinney, charged with the crime of poisoning the venerable Chancellor Wythe, who had just died in Richmond, under circumstances which led to a strong suspicion The
case which
that of a man,
Chancellor
of the guilt of the accused.
men
best
the country ever produced.
plicity of his character, his bland
Wythe was one
of the
Distinguished for the sim-
and amiable manners, his up-
rightness and steadfast devotion to duty, he
was
universally be-
loved in the society of Richmond.
am
I
indebted to a most estimable
gentleman, whose
frequently appears in the course of this biography.
President
bell,* the
some
name
Judge Ca-
Court of Appeals of Virginia, for
of the
which very agreeably con-
recollections of the Chancellor,
what has been often said of his gentle, and philanthropic temper; and which also afford melancholy testimony as to the foul deed which is supposed to have terminated his life. " You and I may remember," says the Judge, in a letter to Mrs. firm
Wirt, " the trouble he ^ave himself to entertain the visiters of his
young
She and
niece. Miss Nelson,
all
of us were
who
lived with
almost children, and
have found any interest
in staying in the
him a few years.
few grown men would
room where we were.
But the good old gentleman brought forth his philosophical appa^ ratus and
felt
amused us by exhibiting experiments, which it is true, but he tried to make us do
comprehend,
Avell
elevated
by such
attentions
we
did not
so,
^nd
we
from so great a man.
* William H. Cabell, the gentleman here alluded to, now at the head of the Bench of Virginia, crowned with the richest honors of a ripe old age, and surrounded by an affectionate circle of friends, married Agnes, the eldest daughter of Col. Gamble, and sister of Mrs. Wirt. He represented Amherst county in the
Legislature of Virginia, from 1793 to 1805, except during three years of this interval.
In 1805 he was elected Governor of the State, and
years was appointed to the
Bench of
1811, to the Court of Appeals, of
The
at
the General Court.
which he
is,
at this
the expiration of three
He was
time— 1849
transferred, in
— the
President.
connection between him and Mr. Wirt, laid the foundation of an intimate
friendship,
Many
which was increased with every succeeding year
proofs of this
hereafter refers.
may be
until death dissolved
it.
found in the correspondence to which our narrative
In this intimacy,
it
will be seen also, that
brother of the Judge, largely participated.
Joseph Cabell, the
DEATH OF THE CHANCELLOR.
152
[1806.
theory that there was no natural inferiority of incompared with the white man, he had one of negro, tellect in the and one of his nephews both educated exboys his own servant
"To
test the
actly alike.
I
believe,
however, that neither of them did much
credit to their teacher.
"The young men who in his service
cupied
who were ocHenry Clay was
studied law with him, or
were
devoted to him.
all
Chancellor lived to a very old age. In his appearance he was thin, rather tall, but stooped from age and de-
The
one of them.
and from the Capitol to his own house. He generally lived alone, but in his latter years he had a nephew with him to whom he intended to bequeath his estate. This was Swin-
he walked
bility, as
to
The common
ney.
belief
was
that this
man, being impatient
for
money, poisoned him. He was and he was acquitted. Yet there was but The cook little doubt of his guilt in the minds of most persons. said that he came into the kitchen and dropped something white She into the coffee-pot, making some excuse to her for doing so. tried for his
his uncle's
Wirt was
Mr.
life.
his lawyer,
and another servant partook of the latter died in consequence.
some fowls
The
them and
ate of
coffee.
I
have heard that the
coffee grounds being
died.
The unhappy
thrown
out,
old gentleman
lived long enough after taking the coflTee to alter his will, so that
the suspected
man
got no portion of his estate at
grounds were examined and arsenic was found
last.
in
The
cotFee
abundance min-
gled with them."
This
little
veloped
sketch presents the outlines of the case, as
at the trial
and
in the investigations
Wirt's doubts, to which
engaging
in
I
it
was de-
of the day.
have alluded, upon the propriety of
the defence of Swinney, are told in the following
let-
from Williamsburg, after he had engaged his house Richmond, and in the moments of his removal thither. ter written
in
»***** TO MRS. WIRT.
Williamsburg, July
"
1
13, 1S06.
have had an application made to me yesterday, which emme not a little, and I wish your advice upon it. I dare
barrasses
say you have heard
me
say that
I
hoped no one would undertake
CHAP.
A CASE OF CONSCIENCE.
XII.
would be
the defence of Swinney, but that he
which he seemed so justly to merit. changed, a good deal, the course of by
was
stating that there
153
left
to the fate
Judge Nelson, himself, has
my
opinions on this subject,
a difference in the opinion of the faculty
Richmond as to the cause of Mr. Wythe's death, and that the eminent McClurg, amongst others, had pronounced that his death was caused simply by bile and not by poison. I had concluded that his innocence was possible, and, therefore, that it would not be so horrible nothing to defend him as, at first, I had thought it. But I had scarcely made up my mind on this subject, little supYesterday, posing that any application would be made to me. however, a Major A. M., a very respectable gentleman, and an uncle to Swinney on the mother's side, came down in tlie stage from Riclimond, and made that application in a manner which af-
in
fected
me very
his sister, the
young man
sensibly.
He
stated the distress and distraction of
mother of Swinney; said
was
it
the wish of the
would undertake If there What shall I do it, it would give peace to his relations. is no moral or professional impropriety in it, I know that it might be defended by me, and that
to
if I
.''
be done
in a
manner which would avert the displeasure of every
one from me, and give
Judge Nelson says no
I
me
one can justly censure
thinks
it
a splendid debut in the metropolis.
ought not to hesitate a moment to do
me
for
it
and, for his
;
highly proper that the young
man
own
it
;
that
part,
he
should be defended.
Being himself a relation of Judge Wythe's, and having the most delicate sense of propriety,
But
in his opinion.
der of
it,
beg you,
I
told
am
I
disposed to confide very
Major M.,
and give him an answer,
my
I
would take time
at the farthest, in a
month.
dear B., to consider this subject, and collect,
can conveniently
in conversation, the opinions
Cabell, and let
me
more important
to
hear the
result.
My
much
to consi-
if
I
you
of your parents and
conduct through
you and your children than even to for to my own heart I mean to stand justified by doing that I think wrong. But, for your sakes, I wish to do that the loorld shall think wrong. I would not have you
life
is
myself; nothing nothing
*******
or them
subject to one reproach hereafter because of me."
On
such a question as
tions of conduct or duty,
is
here proposed
—the
—indeed
sensibility of
on most ques-
an intelligent and
vir-
DEFENCE OF SWINNEY.
154
woman
luous
casuist, to discern
most accomplished
do
worth more than all the dialectics of the what it best becomes us to
often
is
Her
matter that touches our reputation.
in a
[1506.
feelings are but
the quick perceptions of a heart that reasons better than the mind.
Guided by the is
instinctive love, characteristic of
her sex, of what
beautiful, not less in moral than in physical life, she lights
upon
her conclusion with a rapidity and a truth which outstrip all argument in speed, and often, in equal degree, surpass it in wisdom.
When wife,
judgment
this
it is
it
stimulated by the affectio«ate anxiety of a
less apt to stray into error: the
even
her relation renders
How
is
it
more
the
very tenderness of
impartial.
fared in regard to Swinney's case,
is
told in a passage * *
* from a letter written within ten days after the last. " I shall defend young Svvinney under your counsel.
science
is
perfectly clear, from the accounts
I
My
con-
hear of the conflict-
Judge Nelson again repeats, on consideration, the
ing evidence.
opinion he before gave
me
the perfect
as to
propriety of the
step."
Swinney, as
we have seen, was me the grounds
record to furnish
me
enable
to say
any thing of
^'-
and acquitted.
tried
have no
I
much
of this acquittal, the splendid debut''''
less to
which Wirt
anticipated. It
is
not unlikely that
accused from a defect
the trial
in the
terminated
in
favor of the
evidence, by no means unusual in
those states, whose statutory law disqualifies a witness from giving testimony, upon objections founded merely in the race or blood of the person acquainted with the facts.
The cook
in this case,
who
have been, perhaps, the only direct witness, we may conjecture, was a negro, and forbidden to be heard in a court of
seems
to
be the real cause of the acquittal, it presents a cogent example of the impolicy of a law so and very striking It may well be questioned, whether States. United prevalent in the
justice.
If this
more inconvenience and mischief do
not result from
such legal
restraints as disable our familiar servants from testifying to the thousand transactions in which our interest is concerned, and under circumstances that scarcely admit of other testimony, than
can be compensated by any supposed good which
be ascribed
to
the
disqualification.
Is
there, in
may properly fact,
any just
ground of policy in shuttmg off the only testimony by which
in-
CHAP. XII
noccnce may be proved, right determined?
common
guilt established, or
in
matters of
juries sufficiently able to
Are not courts and
judge of the credibility of a witness
We
155
MUSIC.
]
every case
?
pass from these speculations to the regular course of our
narrative.
Wirt was passionately fond of music, and devoted a portion of his time to
The
its
cultivation throughout every period of his
following playful letter
the art to a friend of his in
an
academy
life.
commend a teacher of Williamsburg, who was at the head of was written
to
there.
TO LEROY ANDERSON. Richmond, September
Dear
25, 1806.
Sir:
Your two favors were received together, yesterday. It is well for me they were so for having no pretensions to poetry, either Ossianic or Horatian, I should have been very much at a loss how I was disposed to ask to answer your first, if it had come alone. ;
myself
how
it
was possible
you
for
two such subjects as B answer of the poet Waller
to write so fine a
and myself, to Charles
until
II.,
I
rhapsody on
recollected the
when asked why he
had produced so superior an ode on the death of Cromwell, to that in which he had celebrated his own restoration ? " because poetry excels in fiction."
I
But your
made me
business and
feel
know Vogel, he gave
mond and
in
Norfolk.
he
is
I
me down
to the tone of
Wirt
in
Rich-
;
— not B
finest
male performer on
But like his predecessor
B
that his potations are either so 's,
but the ladies, his scholars
Norfolk, sometimes complained of neglect, which was attributed
to frolics over-night. tions
and
There in
him the
have ever heard.
a son of Anacreon
let
home.
have also frequently heard him play
frequent or so deep as poor in
at
several lessons to Mrs.
I
alone, and can safely pronounce
the piano that
has
last
myself
I
is
In
Williamsburg he will have fewer tempta-
dare say will do better. a little fellow here,
by the name of
,
of whose
skill
music the ladies and other connoisseurs of Richmond speak
very highly. (for 1
But he
is
only about seventeen, and they
have not seen him) a perfect Adonis.
I
would speak
tell
me
to
him
FRANCIS W. GILMER.
156
in the
manner you
direct, but that
[1806.
remember a novel called " Miss She is represented as the boy. I
Beverly," which I read when a daughter of respectable parents, w^ho, at the budding age, had a
young beau introduced into the house as her music master. Her This to fancy was set agog by iiim and never rested afterwards. be sure
fiction, but
is
such a fellow, as
it is
is
•
in nature,
said to be,
and
should apprehend that
I
might put to
flight the
"Gluips and cranks and playful wiles
Nods and becks »ad wreathed smiles," of your academy, and introduce the sigh and tear of midnight in Nevertheless, if you say so, instruct me, and I will their place.
speak
to him.
here, On further recollection, there is, I think, a Mrs. C before next certainty with will know music. I who also teaches
week and whether
she will be willing to remove to Williamsburg,
on the terms you propose. and you
may
Her answer
I
will deliver in person,
choose between her and Vogel.
Poor B
!
I
am
really sorry for him, for
being, with as gentle a soul as
any man ever
he was a harmless
had.
But
I
dare say
" death came like a friend to release him from pain." In the Elysian shades he may rove and feast on harmony among spirits as his
gentle as
home and
own, unmolested by any
painful
the discordant shrieks of his Alecto.
remembrance of Suppose you give
him an epitaph or a monody. I am much obliged to you for the concern which you express a It was a slight touch of the ague and fever for my health. mere piece of ceremony by way of conferring on me the freedom :
of the
city.
With
entirely over.
It is
the best wishes for your prosperity and happiness, I
am, dear
sir,
Your
friend and servant,
Wm. Wirt. Francis Walker Gilmer, whom we have heretofore noticed, was now approaching to manhood. He had resolved to devote his studies to the science of medicine,
upon
that pursuit.
at a later period
It
and had partially entered
will be seen hereafter that he found reason,
of his
life,
to
change
this profession for the law,
CHAP.
LETTER TO HIM.
XII.]
157
Mr. in which he gave the strongest promise of eminent success. Wirt had not so far ahenated himself from the memory and attachments of Pen Park as to lose his interest in the family which yet Death had made his usual ravages in the family inhabited there. circle, but the heart of him who liad been so tenderly fostered under that roof,
who were those who
of
lost nothing
departed, nor of
original reverence for those
its
kind solicitude for the welfare of
its
This interest was cherished on both sides more particularly by that with
survived.
frequent correspondence, but
by
Francis,
who had grown
be an especial favorite with his broget some agreeable glimpses of
to
we
In this letter
ther-in-law.
Pen Park and
inmates.
its
TO FRANCIS W. GILMER. Richmond, October
My Dear
Your favor of the 4th
me
all
9th, 1806.
Francis:
the pleasure
ever since,
in the
ult.
my
drawer of answer
terval of leisure to
a source of delight
came regularly
to hand, and
you wished and intended.
it is
to
it.
me
I
It
gave
has been lying
writing chair, waiting for an in-
am
sure
I
need not
tell
you what
to receive these assurances that
brothers and sisters of Albemarle
still
regard
me
as one of the
my
same
them by my destiny. The misPen Park have, indeed, scattered us all most wofully,
family, although sundered from
fortunes of
and placed us
Let
it
every variety of circumstances and
in
situation.
be the object of the survivors to soften these misfortunes
and their consequences, as well as they can, by cherishing for each other the most cordial affection, and reciprocally plucking
from the path of along.
the
my
You,
ther, and
if
each thorn of care and sorrow as we go dear Francis, and your brothers, will have a farlife
possible, a
sweeter
still
office to
perform.
To
raise
with fresh
name of Gilmer from the tomb, and crown it I have seen that name honored and highly honored,
honors.
for genius, science
my I
heart.
and
For what
virtue. is lost I
shall live to see the
day,
The
recollection
is
very dear to
console myself with the hope that
when
the family will rise to
all its
former reputation for superior endowments, both of the mind and heart ; and even bloom with more extended and diversified honors. VOL.
1
— 14
;
DOCTOR GILMER.
158
The
genius of the family
is
not
inherited in such abundance, and itors will, for
lost. I
[1806-
am charmed
I
cannot believe that
want of energy and enterprise,
fail to
to see its
replace
it
inherit
on
the roll of fame.
Peachy, I hear, is contributing his quota towards its restoraby making very strenuous and successful exertions in Henry He has a good deal of his father's cast of character, and, county. among other qualities, will I think, possess the same manly and
tion,
The bar impressive eloquence for which he was remarkable. will afford him a field for its display which his father had not. And
therefore, if his exertions continue, he cannot
fail
to enlarge
You, I underthe sphere of the family distinction on this head. The science profession. father's your follow to purpose stand, of medicine
believe, said to be progressive and to be daily
is, I
receiving new improvements. to cultivate, and
will be your
You
will therefore
will take the profession
own
fault therefore if
have a wide
field
on a grander scale.
you do
not, as a physician,
It fill
a larger space in the public eye. But the space which your father occupied was filled not merely by his eminence as a physician,
(although he w^as certainly amongst the most eminent) ; he was moreover a good linguist, a master of botany, and the chemistry of his day,
a
man
had a store of very correct general science, was
of superior taste in the fine
arts, and, to
crown
the whole,
manners and conver-
had an elevated and a noble spirit. In his sation he w^as a most accomplished gentleman; easy and graceful animated, in his movements, eloquent in speech in temper, gay and ;
and inspiring every company with his own tone; with wnt pure, and when the occasion called for it, sparkling and perennial uttering sentiments of the highest dignity, and utmost force. Such ;
father, before disease had sapped his mind and constiand such the model which, as your brother, I w^ould wish you to adopt. It w^ill be a model much more easy for you to form yourself on, than any other, because it will be natural to you
was your
tution,
for
I
well
remember
four years
old,
how
to
If he had lived and enjoyed his health manhood, you would have been his exact you can do now is, to form to yourself by
your
father's character.
until
you had grown
counterpart.
have remarked, when you were scarcely
strongly nature had given you the cast of
to
All that
OHAP.
ADMONITIONS.
Xir.]
159
the descriptions of others, an exact image of your fatlier in his
meridian, and even,
Endeavor
if possible, to
surpass him.
distinguishes the gentleman from the
conversation avoid
rapid and
a
manners which
that superior grace of
to cultivate
indistinct utterance,
Your
deliberately and articulately.
crowd around him. father
In
your
and speak
was remarkable
for his
clear and distinct enunciation, and the judgment with which he Blend with the natural hilarity of your placed his emphasis.
temper, that dignity of sentiment and demeanor, which alone can prevent the wit and humorist from sinking into a
and can
trifler,
give him an effective attitude in society.
Get a
habit, a passion for reading,
— not
flying
from book to
book, with the squeamish caprice of a literary epicure, but according to the course which Mr. Robertson will prescribe to you.
Read
systematically, closely and thoughtfully;
analyzing every
you go along, and laying it up carefully and safely in your memory. It could have been only by this mode that your subject as
much
father gained so
wanting to
your
you
lift
life in
you
find
being buried
obscurity, confounded with the gross and ignorant
herd around you.
But there are yet more animating and more
power of doing more extentheatre and increasing the number
noble motives for this emulation sive good,
to flag, think of
be
shall
to the heights of public notice, and, if
and attention beginning
spirits
your
all
correct information on such a variety of
Determine with yourself that no application
subjects.
by gaining a larger
the
;
of objects; the pure delight of hearing one's
self
blessed, for
benevolent and virtuous actions, and, as a still more unequivocal and rapturous proof of gratitude, " reading that blessing in a nation's effects
e3''es :"
of
this
add
fame
to
to
this,
the communicating
the
beneficial
our friends and relations; the having
it
in
our power to requite past favors, and to take humble and indigent genius by the hand, and lead
it
forward to the notice of the world.
These are a few, and but a few, of the good effects of improving one's talents to the highest point by careful and constant study, and aspiring I
am
to distinction.
very much pleased with your
classics with a discrimination
of
taste
letter.
your years, and therefore the more honorable with you
in
You
read the
and judgment unusual at to you.
I
concur
your remarks upon the iEneid of Virgil, as well as
ADMONITIONS.
160
Odes of Anacreon.
the
I
am
fond of a vivid picture, painted to
the fancy, such as Virgil's storm.
good describer, his odes can
way
in his
;
[1306.
but his
Anacreon, too,
way
is
is
thought a
a very bad one, and
be estimated and enjoyed only by the debauchee
who
has himself rolled in the sensualities on which alone the genius of
Anacreon seems to have luxuriated. Avriting to
me
often,
like an elder brother,
and
shall
hear from
you
me
all
of
whom
to I
will allow
all
will
never
will gratify
me by
me
to write to
to profit
you
by his own
those honors which he has missed,
as often as I can find a leisure hour.
love to our brothers and sisters
remembered
You
who would wish you
experience, and to attain
you
if
hope you
I
possess this test for judging his merit.
when you
see them.
Let
My
me be
Mr. and Mrs. Meriwether and Mr. R. Robertson;
very much esteem.
Your
friend and brother,
Wm. Wirt.
CHAPTER
XIII.
1807.
AAROX BURR BROUGHT TO RICHMOND INDICTED FOR TREASON.— WIRT RETAINED AS COUNSEL BY THE GOVERNMENT.— THE TRIAL SOME OF ITS INCIDENTS THE ASPERITY OF COUNSEL EXTRACTS OF THE ARGUMENT.
—
The of the
year 1807
memorable
is
in the
of Wirt as the year
life
of Aaron Burr.
trial
Burr's conspiracy
is
one of the most extraordinary incidents
connected with the history of
Whether
this country.
it
were the
mere dream of a bold, ambitious and wicked citizen, or his meditated and prepared enterprise, enough has been brought to light, in the investigation of that incident, to excite the amazement of every one that a man so eminent, so gifted with splendid
and so able
to appreciate the character
can people, should have permitted himself to tion of
fall
into the infatua-
even an idle speculation upon his power to accomplish
what, from
all
which has been divulged, we are was his purpose. Burr entertained some visionary notion of
the evidence
at liberty to disbelieve
hardly It
talents,
and temper of the Ameri-
seems certain that
his ability to
produce a revolution
in the
government
at the Capi-
he talked familiarly of expelling the President, and with no more than " the Marine Corps " at Washington, of driving, if need were, the Congress "into the Potomac." That he aban-
tal
;
that
one which he supposed more practicable the separation of the Union and the erection of a Western ConThat finding Ibis, upon more mafederacy beyond the Allegany. ture reflection, somewhat too arduous for his means, he finally
doned
this project, for
sought the gratification of his restless and too prurient desire of fame, in a scheme to invade Mexico and make himself master of those fair domains.
The
ill
will
engendered particularly throughout the Southern
States against Spain,
by her
offensive policy in regard to the navi-
gation of the Mississippi, and her
VOL.
1
— 14*
still
more
offensive proceedings
BURR'S CONSPIRACY.
162
[1807.
afterwards, and the constant expectation of a collision with that
power, furnished a basis for this scheme of Burr's, which gave it a substantial aspect and brought it within the category of things of probable accomplishment. The other schemes were but the madness of the moon
in comparison. most commendable caution and address, with Mr. Jefferson had, difficulty, restrained the exasperated great though not without
of our people from an assault upon the Spanish provinces beyond the Mississippi; an assault which would, at that day, have spirit
—
anticipated the brilliant achievements
an American army it
in the ancient city
would only have been necessary
which have recently placed of Mexico. Then, as now,
for the
government
mission to the thousands and tens of thousands
who
to give per-
find in
war a
pastime and a profit, to have overrun Mexico with the force of a torrent.
"
No
doin,
better proof," says Mr. Jefferson in a letter to
"of the good
faith
Mr. Bow-
of the United States could have been
given, than the vigor with
which we have acted and the expense
incurred in suppressing the enterprise meditated lately by Burr against Mexico.
Although, at
first,
he proposed a separation of
the Western country, and on that ground received encouragement
and aid from Yrujo, according to the usual spirit of his government towards us, yet he very early saw that the fidelity of the Western country was not to be shaken, and turned himself wholly towards Mexico. And so popular is an enterprise on that country in this, that toe had only to lie still, and he icoxdd have had followers enough to have been in the city of JMexico in six weeks?'' In a letter afterwards to
La Fayette, he remarked, "nothing has
ever so strongly proved the innate force of our form of govern-
ment
men
as this conspiracy.
Burr had probably engaged one thousand
to follow his fortunes, without letting
otherwise than by
The moment found himself
them know
his projects,
assuring them the government approved of them.
a proclamation was issued, undeceiving them, he left
with about thirty
desperadoes only.
The
people rose in mass wherever he was, or was suspected to be,
and by their own energy the thing was crushed in one instant, its having been necessary to employ a man of the military,
without
but to take care of their respective stations.
was
to
have been to seize
New
His
first
enterprise
Orleans, which he supposed would
CHAP.
ARREST.
HIS
XIII.]
163
powerfully bridle the upper country, and place him at the door of
Mexico.
It is
with pleasure
I
inform you that not a single native
we
Creole, and but one American, of those settled there before
received the place, took any part with him. the
new emigrants from
His partisans were
the United States and elsewhere, fugitives
from justice or debt, and adventurers and speculators of
all
descriptions."
Burr had been arrested
in
January on the Mississippi, had been
subjected to an examination at Washington, in Mississippi Terin custody to be sent to the capital of the had escaped from this custody, and was soon afterwards arrested near Fort Stoddard on the Tombigbee, making his way to Mobile. Upon this he was conducted to Richmond to
and detained
ritory,
United States.
He
be tried on a charge of high treason. of March. his wife
Wirt was then
in
He
arrived here on
Williamsburg.
A
letter
tlie
on the 20th, alludes to the fact of Burr's expected
" Your
letter
gave
me
the
first
26th
from him to trial.
tidings of the apprehension of
This was news indeed. came here this evening, I understand he arrived in Richmond on Thursday night in the same disguise in which he was apprehended; and, farther, that he has engaged Randolph and Wickham in his defence. I should not be much surprised if he is discharged on a petition to the judge, or let to bail, and make his escape again. If the man is really innocent these persecutions will put the devil in his head, unless he is more than man in magnaBurr and his being sent to Richmond. Since
I
nimity."
The primary
examination of the prisoner Avas made before Chief
Justice Marshall on the 30th and 31st of March.
This was con-
ducted by Ca3sar A. Rodney, the Attorney General of the United {States,
and George Hay, the Attorney for the District of Virginia,
Messrs.
Wickham
and Randolph appearing for Burr.
was, a commitment upon the charge of a misdemeanor
The
foot a military expedition against the dominions of the
Spain,
— the court refusing
to include in the
result
on King of
in setting
commitment the charge
of treason which had been urged by the counsel for the United States.
Colonel Burr was
in
consequence admitted to
nizance to appear in the Circuit Court at
of May.
its
bail
upon a recog-
next term on the 22d
:
PUT UPON
164
HIS TRIAL.
[1807.
case was again taken up at the appointed day, the Chief Colonel Burr Justice and Judge Griffin presiding" in the court. now appeared with two additional counsel, Messrs. Botts and
The
On
Baker.
the
Mr. Rodney having
part of the prosecution,
by Mr. Wirt and Mr. MacRaeA grand jury, consisting of some of the most eminent citizens of Virginia, with John Randolph of Roanoke, as the foreman, withdrawn, Mr.
was sworn on
Hay was
assisted
After several adjournments and
that day.
many
protracted discussions between the counsel, upon the nature of the
evidence to be submitted to them, and on other collateral topics, the grand jury finally, on the 24th of June, brought in indict-
ments, both for treason and misdemeanor, against Aaron Burr and
Herman
were followed, in two days, by John Smith, Comfort
Blennerhasset, which
similar indictments against Jonathan Dayton,
Tyler, Israel Smith and Davis Floyd. Colonel Burr, on the same day that these presented, pleaded not guilty, and the
indictments
last
trial
were
was postponed
until
of the
trial,
the 3d of August.
Without saying more,
at present, as to the incidents
any reference to the facts brought into
or making
points of law discussed,
it
proof, or the
will be sufficient to note that a
borate and profound opinion was
delivered
most
by the Chief
ela-
Justice,
which excluded from the case, as it was affirmed, a large amount of testimony which might have shown Burr's intentions, and thus, on the
1st of
for treason.
Burr
is
September, put an end to the trial on the indictment The verdict was " We of the jury say that Aaron :
not proved to be guilty under this indictment,
dence submitted
The
to us.
We
by any
evi-
therefore find him not guilty."
indictment for the misdemeanor, met the same
fate.
The
opinion of the court, in that case, excluded the testimony relied on, and the jury again found a verdict of not guilty.
Upon answer
the traverser
this,
in
was committed and held
to bail, to
Ohio, on the charge of setting on foot and providing
the means for
a
military expedition
against
the
territories of
Spain. In a letter of Colonel Burrs, to his daugliter, dated
23, 1807,
"After
we
find the following notice
all, this is
opinion on Tuesday.
a
drawn
battle.
October
of the event
The Chief
Justice gave his
After declaring that there were no grounds
CHAP.
REFLECTIONS UPON
HIS
XIII.]
165
IT.
of suspicion, as to the treason, he directed that Burr and Blennerhasset should give bail in three thousand dollars, for further trial opinion was a matter of regret and surprise to the
The
in Ohio.
—
all friends of the Chief Justice, and of ridicule to his enemies, conciliate Jack of principle to sacrifice a that it was believing
Hay
Mr.
Cade.
government to
immediately said that he should advise the
desist
no doubt."
actually so advised, there is
The conduct
of Burr, throughout the
this insinuation against the firmness
There
Marshall.
before
it,
is
That he has
from further prosecution.
was
trial,
in
keeping with
and integrity of Chief Justice
apparent, in his demeanor, during the
trial
and
an affectation of innocence, which, under the circum-
and which very
stances, almost partakes of insolent defiance, nificantly accords with the bold
He
whole scheme.
seems
to
sig-
and confident character of his
have regarded
his enterprise almost
as an act of beneficence to the country, and the attempt to arrest it
somewhat
as
have read
to
light of insult
in the
very
daughter, during the pendency of the
marked
Was
that such
things
happen
trial,
in all
Greece or Rome, a man of
there in
and supposed
to possess great lalents,
vindictive and unrelenting persecution
And
and persecution.
" You
purpose," he says, in a letter to his
little
"
if
you have not
re-
democratic governments. virtue and independence,
who was
not the object of
.''"
again,
want an independent and discerning witness to my conduct, and to that of the government. The scenes which have passed, and those about to be transacted, will exceed all reasonable credi"
I
bility,
and will hereafter be deemed fables, unless attested by very *
high authority."
These are curious revelations of feeling in contrast with the upon the trial. Judge Marshall, whose opinions
—
facts divulged in this case
were, like
all
the other exhibitions of his judicial
character, fraught with the calm and impartial spirit of justice itself,
and distinguished for their legal shrewdness and depth,
— did
not escape some animadversions from the side of the government, as well as this of the prisoner; but the country has not failed to
render
full
honor to the purity as well as the wisdom of the
mind which guided the
issues of this celebrated
trial.
— INCIDENTS OF THE TRIAL.
166
We
come now
some of the leading
to present
case, so far as Wirt's participation in
doing this
make
shall
I
means designing
[1807.
it
features of the
may be of
to fatigue the reader
In
interest.
a few extracts from his speeches,
by no
with a detail either of the
law of the case, which, indeed, may only be properly But as Wirt obunderstood by a reference to the trial itself facts or the
by
tained
of popularity,
his labors in this trial a large increase
both at the bar and with the country,
it
be considered as
will not
inappropriate to the subject before us, to cull from the report of it
may be
such passages or incidents as
characteristic of the coun-
whose name has become so favorably connected with it. The trial was remarkable for the asperity with which
sel
conducted on both the court
Almost
sides.
was obliged
to
in the first stage
comment upon
of
its
was
it
progress
the temper displayed by
counsel.
An
was made by Col. Burr
application
for a subpoena to the
President of the United States, with a clause requiring him to
produce a
which he had received from Gen. Wilkinson,
letter
dated 21 October, 1806; and also to produce copies of certain orders which had been issued by the government relative to the arrest.
This application was resisted on one ground, amongst others, that the relevancy or materiality of the papers referred to
—the
atfidavit in the
be material "
to the defence.
shown,
Mr. Wirt deny
that he
is
as
A
may be
amenable
*
*
issued to
shall
summon
—" We
do not
the President, and
*
process as any other citizen.
to that I
not
may
long debate ensued.
said in the course of this debate
that a subpcena
was
case being " that the said letter
show
that the subpcena duces tecum
not a process of right, but that the application
is
is
addressed to the
discretion of the court
" Mr. Wickham.
—
— This
is
admitted.
"Mr. Wirt. I thank you for the admission. You have relieved me from the unnecessary trouble of so much of my argument. The question then is, by what circumstances should that discretion be controlled oner.-*
If so,
on the subject. this
it
Should
?
is
it
be by the mere wish of the
pris-
in vain that the court possesses any discretion
The
prisoner has but to ask and have.
wide and bold doctrine on the ground of expediency.
Consider
Would
CHAP.
AN ARGUMENT.
Xiri.
you summon any private
individual,
167
from the remotest part of
tlie
United States, to produce a paper on the mere wish of tlie prisoner, without defining the paper and sliowing how it bore on his defence?
If
you would, you put the pursuits and the peace of
every individual
in the
United
.States at the
mercy of
the prisoner's
This argument from inconvenience
caprice and resentments.
as-
sumes an attitude of most awful and alarming importance when
you extend it to a case like this before the court. A prisoner has seldom any cordial amity for the government by which he is proThe truth is, he feels himself in a state of secuted for a crime.
war with that government, and the more desperate his case the more ardent will be his spirit of revenge. Would you expose the offices
who,
of state to be ravaged at the mere pleasure of a prisoner,
he
if
anxiously than
dragging
'
he must
that
feels
fall,
to grace his fall
down with him
would pant
and make
for nothing
more by
his ruin glorious,'
the bright and splendid edifice of the
Aaron Burr has the right, at his mere wish, to call one paper from the government, he has the same right to call any other; and so, one after another, might divulge every document and secret of state, however delicate our foreign relations might be, and however ruinous the disclosure to the honor government
Sir, if
.!*
and prosperity of the country. " It is much to be wished that a rule could be devised which, while
rights of the prisoner, should also profrom being wantonly and unnecessarily vio-
would protect the
it
tect the public offices lated.
I
think there
who
the prisoner,
is
applies to his case and
have done
such a rule.
calls for a is
By
:
show
requisite for his defence.
hold that he
this, I
It is this
paper, should
is
requiring that
that the
When
entitled to call for
paper
he shall
any paper.
It will then rest with the President of the United States, the offi-
*******
cer appointed by the people to watch over the national safety, to say whether that safety will be endangered by divulging the paper.
" Again,
sir.
I
have never seen or heard of an instance of
this
process being required to bring forward any paper, but where such a paper was
nature evidence, for which either party had an
in its
equal right to
call,
that, in this case
and
and
to use
it
But
when produced.
in the present state of things,
use the letter of General Wilkinson as evidence
;
it is
we
obvious
could not
although the op-
;
AN ARGUMENT.
168
posite party should obtain
liis
is
Yet
into the cause.
no reciprocity
and therefore
1
after
is
am no more
paper,
not, at present, evidence
not Avithin the principle on
is
this
:
The paper
it.
One more remark on
awarded. it.
in
subpoena duces tecum for
have made it evidence, and introduced hence there it comes we cannot use it
and would seem thereby to it
[1807.
this letter,
which and
this
process
is
have done with
I
an advocate for the needless multiplication of
state secrets, than the
gentleman
who
has preceded me.
looks
It
monarchy with all its mysteries, as 1 do the mysterious movements of those who are lovers of monarchy. Yet it is obvious, that there may be cases in which the very safety of the state may depend on conceal-
much
too
like the mysteries of
monarchy
;
and
ing the views and operations of the government. this
very
letter.
who commands
the general
state of our affairs is
do not know what
I
was and
We
well understood.
wear, even
it
contains
on the Spanish is,
will instance
I ;
but
frontier.
is from That the
it
with Spain, not the most amicable
know
that our affairs in that quarter
most lowering aspect.
at this time, the
hate
1
Suppose
letter should contain a scheme of war, a project of attack,
this
— would
be proper to divulge and proclaim it even to Spain herself? If the letter contains such a thing, I have no doubt that the President it
ought to and
w^ill
conceal at least so
much of
it.
This, however,
*******
will be a question with him, when and a question which he alone is competent to decide.
the paper shall be called for
"I cannot take my liave thought liave
necessary to
it
been willing
to
without expressing my deep and which the gentlemen in the defence adopt. As to Mr. Martin, I should
seat, sir,
sincere sorrow at the policy
impute
this fervid
language to the sympathies
and resentments of that friendship which he has taken such
fre-
quent occasions to express for the prisoner, his honorable friend. In the cause of friendship I can pardon zeal even up to the point
of intemperance to
Richmond,
;
but the truth
this policy
was
is, sir,
dentally brought before the court, against
the
whether
new and favor
.^
administration.
this policy until
I
we were
appeal
Mr. Martin came
and on every question
to
that policy
inci-
stunned with invectives
your recollection,
was not manifested even so early
now unheard
Whether
that before
settled;
sir,
as in those
of challenges to the grand jury for
was not followed up with increased
CHAP.
PRELIMINARY DISCUSSION.
Xiri.]
the very
spirit, in
169
speeches which were made
first
in this case
those of Mr. Botts and Mr.
pending the attorney's
Wickhani on their previous question motion to commit ? Whether they have not
seized with avidity every subsequent occasion, and on every
mere
question of abstract law before the court, flew off at a tangent
from the subject,
ment ?
to launch into declamations against the
govern-
Exhibiting the prisoner continually as a persecuted patriot:
a Russell or a Sidney, bleeding under the scourge of a despot, and
dying for virtue's sake!
how
against him,
If there
be any truth
charges
in the
were the purposes of his soul from Sidney! I beg to know what gentlemen
ditferent
those of a Russell or a
can intend, expect, or hope, from these perpetual philippics against the government
Do
}
political prejudices
they
which
flatter
themselves that this court feel
will supply the place of
innocence on the part of the prisoner
argument and
Their conduct amounts
}
On
to
an insinuation of the
sort.
trary, I feel the firm
and pleasing assurance, that as to the court,
the
beam of
itself
their
But
I
do not believe
it.
the con-
judgment will remain steady, although the earth
Or
should shake under the concussion of prejudice.
on the bystanders impression
that the
And do
?
they use the court merely as a canal, through
which they may pour upon the world against the government?
Do
their
resentment and diminish thereby their
Let them prove
undeserved invectives
they wish to divide the popular
gentlemen arraign the administration, their client.
is it
gentlemen expect to make a favorable
his
let
own
quota.?
Before the
them clear the
innocence
;
let
skirts of
them prove
that
he has not covered himself with the clouds of mystery and just let them prove that he has been all along erect and fair, open day, and that these charges against him are totally ground-
suspicion in
less
and
;
false.
That
will be the
most eloquent invective which
they can pronounce against the prosecution; but until they prove this
innocence,
minds
it
shall be in vain that they attempt to divert
to other objects,
eyes on Aaron Burr
and other
inquiries.
We
will
our
keep our
he satisfies our utmost scruple. I beg to which gentlemen pursue is not disrespectful to the court itself? Suppose there are any foreigners here accustomed to regular government in their own country, what can
know,
until
the course
sir, if
they infer from hearing the federal administration thus reviled to the federal judiciary
VOL.
1
— 15
?
Hearing the judiciary
told, that the
admin-
no
PRELIMINARY DISCUSSION. are
istration
savage
him
blood
who
citizen,
ceived with
that they
;
and have him
into their toils
tliis man now suppose
hounds^ hunting
blood
'
thirst for
with a keen and they have hunted
no man, foreigner or
Sir,
safe.'
[1807.
hears this language addressed to the court, and rethe comj)lacency at least which silence can imply,
all
can make any
inferences from
very honorable to the court.
it
would only be inferred, while they are thus sulfered
they
riate in these gross invectives against the administration, that
are furnishing the joys of a
Mahometan paradise
as well as to their client.
hope
I
to
It
luxu-
to
the court
own
that the court, for their
sakes, will compel a decent respect to that government of which
On
they themselves form a branch.
him go let
If the
of this case.
trial
but while
;
we
man be
our part,
we
wish only a
fair
name of God
innocent, in the
let
are on the question of his guilt or innocence,
us not suffer our attention and judgment to be diverted and
by the introduction of other subjects foreign to the
distracted inquiry."
" Mr. WicKiiAM appealed Burr had been the
first
#
#
that Colonel
Burr
is
said, that the acquittal I
am
may
*
#
# is
probable cause
to
Mr. Wirt has
be material.
of Colonel Burr will be a satire on the
made
sorry that the gentleman has
fession, that the ciiaracter of the
of Colonel Burr.
.
obliged to show,
believe that Wilkinson's letter
government.
wished the gen-
own wise maxims.
tleman to follow his # #
" All
to the court if the counsel for Colonel
to begin the attack, and
If I believed
this con-
government depends on the
him
to
be correct,
I
guilt
could easily
explain, from that circumstance, the anxiety manifested to convict
him, and the prejudices which have been excited
But
I will not believe that this is the case,
tleman that
we
think Burr
may be
and will
know
return
is
to
be issued, and
if
state secrets to prevent the production of the letter,
the President should allege
cannot
the gen-
acquitted, and yet the govern-
ment have pure intentions. " The writ of suhpccna duces tecum ought there be any
against him. tell
it
in
his return
that any such secrets
exist.
;
for, at present,
The
court,
when
before them, can judge of the cause assigned.
we his
But
I
CHAP,
ASPERITIES OF COUNSEL.
xirr.]
171
******
have too good an opinion of the President to think he would withhold the
"
We
cessary.
letter.
contend
liiat
no affidavit on the part of Colonel Burr is neaffidavit, already published, together with
Wilkinson's
the President's communication to Congress, prove that the letter must be material. It may show, that the treasonable
in question
transactions attributed to
never existed
state,
men
;
Colonel Burr, within the limits of this
for as to Blannerhasset's island, the gentle-
in the prosecution /cnoio, there
was no such thing
as a mili-
tary force on that island.
["
Here Mr.
indelicate and
improper to
which they knew
a cause
truth of
tlie
it was extremely supporting voluntarily of them accuse
Hay interrupted to
be
him, and said, that
unjust.
He
solemnly denied the
charge against him, and the gentlemen
who
assisted
him, and declared that they could prove the actual existence of an
armed assemblage of men on Blannerhasset's
command of Aaron Burr.] " Mr. Wickham acknowledged
under the
island,
had gone too far in the have uttered what he had
that he
expression he had used, and ought not to
said concerning the counsel for the United States, and declared that he
meant nothing personal against them."
Mr. Wickham's speech, the Chief " that although many observations, in the course of the several discussions which had taken place, had
Upon
Justice
the conclusion of
remarked,
been made by the gentlemen of the bar, in the heat of debate, of which the court did not approve, yet the court had hitherto avoided interfering
;
but, as a pointed appeal
had been made to
them on this day, (alluding to the speech of Mr. Wirt,) and they had been called upon to support their own dignity, by preventing the government from being abused, the court thought
proper to
it
declare that the gentlemen on both sides had acted improperly in the style and spirit of their remarks; that they had been to blame in
endeavoring to excite the prejudices of the people
;
and had
repeatedly accused each other of doing what they forget they
have done themselves. that the counsel for the
The
court therefore expressed a wish
United States and for Colonel Burr, would
confine themselves on every occasion to the point really before the
court
;
that their
own good
sense and regard for their characters
:
HAY AND MR. MARTIN.
MR.
172
[1807.
and it was hoped that they would not hereafter deviate from it." Mr. Hay, referring to the orders of the Government for the suppression of Burr's expedition, which were called for, in conrequired them to follow such a course
;
nection with the letter of General Wilkinson, remarked
:
" They next contend that the orders are material, because they
were
illegal, arbitrary, unconstitutional,
were merely
Burr's acts
acts of self-defence against tyranny and
were
usurpation, and of course,
"
Many
justifiable.
strange positions have been laid down, but this
Mr. Martin
strous.
oppressive and unjust; that
me
excuse
will
for saying, that
These
sounder doctrine from his age and experience.
were
not learnt
by him
principles
Maryland, nor are they the doctrines of
in
Considering that he has come
this place.
mon-
is
expected
I
all
way from Mary-
the
land to enlighten us of the Virginia bar by his great talents and erudition, I hoped he would not have advanced a doctrine which would have been abhorred even in the most turbulent period of the French revolution, by the Jacobins of 1794."
From Luther Martin's argument, we extract Hay " The gentleman has told us," he said, " that
a portion of his
reply to Mr.
be paid to the so once.
I
officers
of government.
respect ought to
granted.
is
thought
I
thought that the officers of government ought to be
however much
treated with high respect,
be the subject of criticism that
It
principle.
;
and
have changed
If I
my
gentleman himself, and the party he formerly thought differently.
conduct ought to
their
invariably acted according to
I
opinion,
I
owe
it
to the
They
connected with.
is
That gentleman and
his friends so
loudly and incessantly clamored against the officers of govern-
ment, that they contributed to effect a change tion,
office
and are now, ;
in
consequence, basking
in the administra-
in
the sunshine of
and therefore they wish to inculcate and receive
that
respect which they formerly denied to others in the same situa-
We
tion.
and
right to oppose them. sive,
it
was
;
because,
If they
right to resist
them
are not trying the President. are trying
War we had a
have a right to inspect the orders issued from the
Navy Departments
if
we had
a right to
if
were :
they were
unconstitutional and oppres-
but this
God
illegal,
is
forbid,
resist.
If
denied, because
we
should.
But
we we
every order, however
CHAP.
LUTHER MARTIN.
XIII.]
arbitrary and unjust,
is
to be obeyed,
Turkey.
inhabitants of
supreme law, and the
we
173
are slaves as
liberty);
and
for
once so famed
progress and advancement towards
its
we must submit to them, however unjust and unwe are as subject to despotism, as the people of
if
constitutional,
Turkey, the subjects of the " Grand
Monarque''' of old
France, or those of the despot Bonaparte at this day.
were
where would be our boasted freedom
true,
as the
be the
of the government have but to
otficers
register them, as formerly in France, (the country
by these gentlemen
mucb
If the presidential edicts are to
in
If this
where, the su-
.''
perior advantages of our government, or the beneficial effects of
our revolutionary struggles
how
far
resistance
known and
will take the liberty of explaining
I
.''
The
justifiable.
is
well defined powers
The
and so has a constable.
President has certain
common magistrate, may exceed his legal au-
so has a
;
President
thority, as well as a magistrate or a constable.
issue a warrant
and direct
the peril of the person resisting. is
excused
but
:
if it
be
he
legal,
warrant be
If the is
On
not.
resistance to the orders of the President unconstitutional and illegal.
If a magistrate
to a constable, resistance to
it
is
the
same
excusable,
it is
illegal,
at
he
principle, if
they be
Resistance to an act of oppression,
******
unauthorised by law, can never be criminal
;
and
this is all
we
contend for."
" The gentleman expressed his surprise that such doctrines should come from me, who come from Maryland to instruct and enlighten the Virginia bar. I
come
to unite
defence of
my
my
come
I
friend,
whom
I
the heavy charges against him I
were
ever,
I
to attempt
it,
my
believe to be perfectly innocent of :
but their conduct evinces, that if
it
would be in vain. If, howwould be, not to accuse us of
a little of the
milk of human nature with
instructions
did venture to advise him,
evil intentions
;
to
not to instruct or enlighten.
feeble efforts with those of other gentlemen in
mix
make
his disposition and
arguments
to his professions,
and not to be perpetually imputing
;
to
his
conduct conformable guilt to us.
But the gentleman needs no advice."
The
opinion of Chief Justice Marshall upon the questions sub-
mitted in this debate, thus disposes of the principal point under discussion,
VOL.
1—15*
COURT'S OPINION.
174
" The second objection
[1807.
which
that the letter contains matter
is,
ought not to be disclosed.
" That there may be matter, the production of which the court
would not
require,
accused ought,
some form,
in
but that, in a capital case, the
certain;
is
have the benefit of
to
were
it, if it
really essential to his defence, is a position which the court would very reluctantly deny. It ought not to be believed, that the de-
partment, which superintends prosecutions to withhold
be inclined
What
it.
it is
try.
At present
at this time.
There
coun-
this
does not
certainly nothing before the court
is
may appear
contain such matter, the fact
such matter,
it is
if it
cable to the point, will,
it
does
it
is
would be impru-
not the wish of the executive to dis-
be not immediately and essentially appliof course, be suppressed. It is not easy
much of
to conceive, that so
If
safety.
before the disclosure
does contain any matter, which
it
dent to disclose, w^hich ;
of
discussion
said, that the question
need only be
it
which w^ould endanger the public
disclosure of
close
tlie
that the letter in question contains any matter the
which shows
If
question,
hoped, will never be rendered necessary in
occur
made.
criminal cases, w^ould
ought to be done, under such
circumstances, presents a delicate Avhich,
in
the letter as relates to the conduct
of the accused can be a subject of delicacy with the President.
Every
thing of this kind, however, will have
due considera-
its
tion, on the return of the subpoena."
Much
trate, it
has been
which
as the
is
law
*
*
#
*
*
"
*
#
said about the disrespect to the chief magis-
implied by this motion, and by such a decision of is
believ^ed to require.
" These observations
will be
ration, that this court feels
very truly answered by the decla-
many, perhaps, peculiar motives,
for
manifesting as guarded a respect for the chief magistrate of the
Union as
is
compatible with
its
official
duties.
To
these would exhibit a conduct, which would deserve
go beyond some other
appellation than the term respect.
"
It
is
not for the court to anticipate the event of the present
prosecution.
Should
the United States,
all
it
terminate as
those,
who
tainly regret, that a paper, wiiich the sential to his defence,
which may,
is
expected on the part of
are concerned in
it,
should cer-
accused believed
for aught that
now
to
be
es-
appears, be
CHAP.
THE RIGHT TO PUBLIC PAPERS.
XIII.]
essential,
had been withheld from him.
I
175
will not say that this
circumstance would, in any degree, tarnish the reputation of the
government
but
;
it would justly tarnish the repuwhich had given its sanction to its being with-
will say, that
I
tation of the court,
Might
held.
to myself,
it
be permitted
I
would be
which should compel me conduct with so clare,
much
to utter
one sentiment, with respect
most earnestly, the occasion look back on any part of my ofllcial
to deplore, to
self-reproach as
on the information
now
should
I
feel,
could
possessed, that the accused
entitled to the letter in question, if
I
de-
is
not
should be really important to
it
him.
" The propriety of requiring the answer to questionable.
It
is
alleged, that
this letter is
more
most probably communicates
it
orders showing the situation of this country with Spain, which will be important
on the misdemeanor.
executive,
If
contain matter not
it
and the disclosure be unpleasant to the
essential to the defence,
certainly ought not to be disclosed.
it
which will appear on the
This
The demand
return.
is
a point
of the orders,
which have been
issued, and which have been, as is alleged, pubNatchez Gazette, is by no means unusual. Such documents have often been produced in the courts of the United
lished
in the
States and the courts of England.
If they contain matter
inte-
public safety, that matter will
which is required by the appear upon the return. If they
do
may be
resting to the nation, the concealment of
not,
and are material, they
This decision seems, with
some
exhibited."
qualification, to
conform with
the views of Mr. Jefferson, as expressed upon this proceeding in his letter to
Mr. Hay,
in
which, after proffering his readiness to
supply the letter in question, and
"With
respect to papers there
private side to our offices. patents for
To
other matters alleged to be
all
necessary to the defence, he remarks
:
is
certainly a public
inventions, certain commissions,
other papers patent in their nature.
executive proceedings.
and a
the former belong grants of land,
To
proclamations, and
the other belong
All nations have found
for the advantageous conduct of their affairs,
ceedings at least, should remain
known
it
mere
necessary, that,
some of these pro-
to their executive func-
He, of course, from the nature of the case, must be the sole judge of which of them the public interests will
tionary only.
MR. JEFFERSON'S OPINION.
176
[1807.
Hence, under our Constitution,
permit publication.
in requests
of
papers from the Legislative to the Executive branch, an exception is carefully expressed, as to those which he may deem the public welfare
may
as you will see in the House of Representatives which pro-
require not to be disclosed
enclosed resolution of the
;
duced the Message of January 22d, respecting this case. The respect naturally due between the constituted authorities, in their official intercourse, as well as sincere dispositions to do for every one what
is
just, will
always ensure from the Executive,
in
exer-
cising the duty of discrimination confided to him, the same candor
and integrity to which the nation has, disposal of
its
in like
manner, trusted
in the
judiciary authorities."
This brief summary of a discussion, a topic upon which
much doubt has
in the
year 1807, presents
often been expressed in the
Congress of the United States, and has sometimes been debated with no
little
acrimony
— the extent of the
right and the duty of
the President, to withhold information demanded
of Congress. given
The
in this notice
by
either house
decision of the court, of which an extract
of the
trial,
is
and Mr. Jefferson's strictures upon
the relative duties of the Legislature and the Executive, seem to
present the question in a point of view which should lead to a just and definitive limitation of the boundaries
properly circumscribed.
by which each
is
CHAPTER
XIV.
1807.
THE PRINCIPAL ARGUMENT IN THE CASENOTICES OP WIRT'S SHARE IN IT.— MR. MERCER'S TESTIMONY.— HIS DESCRIPTION OF BLANNERH.\SSET'S RESIDENCE OTHER INCIDENTS OF THE
BURR'S TRIAL CONTINUED
TRIAL.
The
trial
proceeded through
its
preliminary stages, in which
was presented and con-
every question, capable of being raised,
tested with scrupulous pertinacity and with abundance of acri-
At length the two indictments were found;
mony.
treason, the second, for the misdemeanor.
was
first
The
—
the
first,
for
case of treason
taken up; the plea of not guilty made, and, after
many
who had been summoned
on the
challenges and rejections of those petit jury, a panel
was
obtained.
New
points, as to the order of
examining the witnesses, were mooted and argued with the same asperity as before.
on the part of the prosecution.
at
every step,
Much testimony was delivered The charge of treason was sup-
posed, by the counsel for the government, to be sustained by the
This evidence proved that numbers of persons, amounttliirty or more, had assembled in warlike array, on
evidence. ing to
some
Blannerhasset's island in the
ber 1806, with a purpose, as river, and,
Ohio river, near Marietta, in Decemit was affirmed, to proceed down the
with the assistance of others, to seize the city of
New
Orleans, under the pretence of the ultimate invasion of Mexico. It
was not proved, however, men on the island
that Colonel
Burr was present with
these
Upon
this testimony, the
counsel for the prisoner asked the in-
terposition of the court, to arrest the further examination of wit-
nesses, on the following ground, as stated
" The counsel
by Mr. Wickham.
for the prosecution having gone through their
evidence relating directly to the overt act charged in the indictment, and being about to introduce collateral testimony of acts
done beyond the
limits of the jurisdiction
of this court, and,
it
not
BURR'S TRIAL CONTINUED.
178
[1307.
only appearing from the proofs, but being distinctly admitted, that the accused, at the period against the United States,
scene of action,
when war was said to have been levied was hundreds of miles distant from the
becomes the duty of
it
his counsel to object to the
introduction of any such testimony as wholly irrelevant and inad-
Upon
missible."
motion of the prisoner's counsel arose the
this
great and decisive argument in the case.
by
discussion chiefly turned on the proposition suggested
The
Mr. Wickham, in levying war,
— " That
no person can be convicted of treason was not personally present at the commission
who
of the act charged
the indictment as constituting the offence.'''
in
There were other questions of less significance in the case, which were also argued with great amplitude and labor. " Whether there can be treason in levying war without the employment of " Whether one who would be only an accessory in a force." felony, is to be considered as a principal in treason by levying
"And
^var."
whether the real principal ought not These points and others were debated.
be convicted." I
have already intimated that
even an outline of
much of
Mr. Wirt's
indications of
duty
it
imposed upon him.
make some
continue to
now
case
this
presented.
that
my
may
efforts
is
it
not
my
purpose
by
to
design to furnish
is
to submit only so
give him some characteristic
towards the performance of the
In the pursuit of this purpose,
I
shall
extracts from his argument upon the points
This discussion was conducted with
ration and study
a nature
;
to the reader, as
it
first
if so,
all
to determine the issue of the prosecution,
it
prepa-
full
the counsel in the case, and as
was of
it
attracted a
proportionate degree of interest from the public.
The
extracts from
Mr. Wirt's speech which follow,"are made
sparsim and without reference to a continuous or connected view of his topics: they are offered as specimens of manner, and trations of
modes of thought, and with no view
illus-
to an exhibition
of the general force of the argument, which, indeed, could not be abbreviated without doing injustice to the speaker.
"
It is
my
duty," said Mr. Wirt, in the
speech, " to proceed on the part of ths United States, this motion.
But
I
should not
were founded on correct
deem
principles.
,
commencement of in
his
opposing
it
my
I
stand here with the same
duty to oppose
it,
if it
independence of action, which belongs to the Attorney of the
WIRT'S SPEECH.
CHAP. XIV.]
179
United States; and as he would certainly relinquish the prosecumoment he became convinced of its injustice, so also most
tion the
certainly
would
The humanity and
I.
stood protected by the laws
would not plant
my be
But believing,
in justice, that
turn
it
is
it
a
as
I
life,
but whether they would or not,
;
my
a thorn, to rankle for life in
support of a prosecution which
lips in
unjust.
would which
justice of this nation
revolt at the idea of a prosecution, pushed on against a
heart,
I felt
and believed to
do, that this motion
mere manoeuvre
I
by opening
is
not founded
to obstruct the inquiry, to
from the proper course, to wrest the
of the facts from
trial
the proper tribunal, the jury, and embarrass the court with a responsibility
which
it
ought not to
hold
feel, I
it
my
duty to pro-
ceed for the sake of the court, for the sake of vindicating the trial by jury, now sought to be violated, for the sake of full and ample the sake of the future peace,
justice in this particular case, for
union and independence of these states,
proceed
to
in
;
doing which,
I
beg
I
feel
my
it
bounden duty
prisoner and his
the
that
my
counsel will recollect the extreme difficulty of clothing
ment
terms which may be congenial with
in
me
gentlemen appear to
to feel
their feelings.
argu-
The
a very extraordinary and unrea-
They seem
sonable degree of sensibility on this occasion. forget the nature of the charge, and that
we
to
are the prosecutors.
We
do not stand here to pronounce a panegyric on the prisoner, but to urge on him the crime of treason against his country. When we speak of treason, we must call it treason. When
we we
speak of a
we must
traitor,
call
him a
When
traitor.
speak of a plot to dismember the Union, to undermine the portion of the people of this country, and
liberties of a great
subject
them
to a usurper
and a despot,
terms which convey those ideas. sensitive
Why
.''
we
Why
are obliged to use the
then are gentlemen so
on these occasions, so necessary, so unavoidable,
do they shrink back with so much agony of nerve, as of a hall of justice,
we were
in
a drawing-room
if
instead
with Colonel
Burr, and were barbarously violating towards him every principle
of decorum and humanity
" Mr.
Wickham
abstractedly
considered
danger
in
;
it.-*
;
and
.''
has indeed invited us to consider the subject
we have been
but, sir, if this
Would
told, that
were
it
is
practicable,
expected to be so
would there be no
there be no danger, while
we were
mooting
WIRT'S SPEECH.
180
[1807.
points, pursuing ingenious hypothesis, chasing elementary princi-
ples
over the wide extended plains and Alpine heights of ab-
stracted law, that
the court
prisoner
but
;
we
should lose sight of the great question before
This may
?
it
purposes of the counsel for the
suit the
does not therefore necessarily
of truth and justice.
It
will be proper,
we
a principle from law or argument, that
case before the court, in order to
test its
the purposes
suit
when we have derived should bring
case, and must speak of
it
this
totally
abstracted argument
completely impossible, for one of their positions
no overt act proven
Now
at all.
Justice Vaughan's epithet of a
then of this overt act,
we
that there
is,
'
fair
In speaking
are compelled to inquire, not merely it,
in
doing
must examine and develop the whole project of the
prisoner.
tlie
has a
it
decantatum.^
into the fact of the assemblage, but the intention of
we
is
that an overt act consists of fact
and intention, has been so often repeated here, that
this point
prac-
we are driven into the nature of the as we find it. But besides, the gentle-
men have themselves rendered
w^hich,
to the
its
In doing which,
tical truth.
title to
it
application and
It is
obvious, therefore, that an abstract examination of
cannot be made
and since the gentlemen drive us into
;
examination, they cannot complain,
of lights or deepening of shades,
we
if
without any softening
exhibit the picture in
its
true and natural state.
" This motion of defence.
It
is
a bold and original stroke in the noble science
marks the genius and hand of a master.
to the prisoner every possible advantage, while full benefit
of his legal defence
be able to make to the jury, before them.
which goes
It
if
it
For
it
gives
gives him the
which he would were all introduced
the sole defence
:
the evidence
cuts off from the prosecution
to connect the prisoner
island, to explain the destination
all
that evidence
with the assemblage on the
and objects of the assemblage,
and to stamp, beyond controversy, the character of treason upon it.
to
Connect
compel us
from their
this
motion with that which was made the other day
to begin with the
zeal,
proof of the overt
act, in
which,
gentlemen were equally sanguine, and observe
what would have been the
eftect
of success
in
both motions.
We
should have been reduced to the single fact, the individual fact, of the assemblage on the island, without any of the evidence which
explains the intention and object of that assemblage.
Thus gen-
WIRT'S SPEECH.
CHAP. XIV.]
tlemen would have cut off plot almost to first
its
all
conception, which
motion which quickened
until
it
the evidence,
it
at all
the atom
we
which
shall
have,
we
tlie
Thus of
progress
its
throw the whole
the icorld of evi-
should have been reduced to the speck,
relates to Blannerhasset's island.
^
^
proceed
now
%
tF
to
^
^
tP
examine the merits of the motion
and to answer the argument of the gentleman (Mr. Wick-
itself
ham) who opened I
llie
events describes
attained such strength and maturity as to
dence which
If
which carries up
and follows
into life,
western country into consternation.
"I
181
occasion. exist.
I
not be
will
it
example which he has
the
follow
I
will not
gentleman with candor.
will treat that
I
it.
misrepresent him,
intentionally.
me
set
I
will not
on a very recent
complain of flowers and graces where none
argument as naked as a
will not, like him, in reply to an
sleeping Venus, but certainly not half so beautiful, complain of
the painful necessity
of logical vigor, of before
I
I
am
under, in the weakness and decrepitude
and then that furbelow, I keep no
lifting first this flounce
can reach the wished for point of attack.
flounces or furbelows ready manufactured and
the millinery of
my
fancy, and
did,
if I
so indiscreetly impatient to get rid of off on
improper occasions.
I
I
my
hung up
think
I
for use in
should not be
wares, as to put them
cannot promise to interest you by
any classical and elegant allusions Shandy.
I
to the
pure pages of Tristram
cannot give you a squib or a rocket in every period.
For my own
have always thought these flashes of wit (if they deserve that name), I have always thought these meteors of the brain which spring up with such exuberant abundance in part,
I
the speeches of that gentleman,
which play on each
path of reason or, sporting across
side of the
with fantastic motion, decoy
it
the mind from the true point in debate, no better evidence of the
soundness of the argument with which they are connected, nor, give
me
leave to add, the vigor of the brain from which they
spring, than those vapors
which
start
from our marshes and blaze
with a momentary combustion, and which floating on the undulations of the
atmosphere, beguile the traveller into bogs
and
brambles, are evidences of the firmness and solidity of the earth
from which they proceed. man's propositions VOL.
1—16
I
will
in their full force
endeavor to meet the gentleand to answer them
fairly.
I
WIRT'S SPEECH.
182
will not, as
I
am advancing towards them, with my
measure the height, breadth and find
it
quarter
beyond it;
my
if still
strength, halve
power of
this process I one of these sections and toss
strength and superiority.
absurd conclusion,
it
If I find
a fair course of reasoning,
to
it
beyond
my
into eighths
;
and when
the proper standard, take
with an air of elephantine
any one of his propositions
clusion, as the proposition itself
I
strength,
myself capable of conducting,
by which
will not begin
I
it
mind's eye,
the proposition; if
if still
it;
necessary, subdivide
have reduced
by
by
[1807.
stating that 1
am
to an
absurd con-
going to encounter.
gentleman's authorities, thank I will not, in commenting on the the gentleman with sarcastic politeness, for introducing them, declare that they conclude directly against him, read just so much of the authority as serves the purpose of that declaration, omitting
which contains the true point of the case which makes against me ; nor, if forced by a direct call to read that part also, will I content myself by running over it as rapidly and inarticulately and exclaim, as I can, throw down the book with a theatrical air, I know 'just as I said,' wdien I know it is just as I had not said.
that
that
by adopting these
man's expense
;
but
I
arts,
I
might raise a laugh
should be very
little
at the gentle-
pleased with myself,
if
by such means. I 1 were capable of enjoying a laugh procured always be those will there such arts, adopting by that too, know whole merits the comprehended not have who us, around standin"of the legal discussion, with whom I might shake the character of I hope I shall the o-entleman's science and judgment as a lawyer. never be capable of such a wish, and I had hoped that the gentleman himself felt so strongly that proud, that high, aspiring and ennoblin"- magnanimity,
fleeting
I had been told conscious talents he would have disdained a poor and
which
rarely fail to inspire, that
triumph gained by means like these.
"I proceed now
to
answer the several points of
his
argument,
so far as they could be collected from the general course of his speech. I say so far as they could be collected ; for the gentleman, although requested before he began, refused to reduce his motion to writing. It suited better his partizan style of warfare
be perfectly at large; to change his ground as often as he pleased on the plains of Monmouth to-day, at the Eutaw Springs to-morrow. lie will not censure me therefore, if I have not been
to
;
WIRT'S SPEECH.
CHAP. XIV.]
correct in gathering
or
hours
five
liis
points from a desultory discourse of four
lengtli, as
was my
it
nor interest,
trust therefore that I
I
intention to be so; for
I
can neither see pleasure
misrepresenting any gentleman
in
court and the gentleman, I
would not have been wonderful if I have been cor-
it
had misunderstood him. rect;
183
if
he
will
;
vouchsafe
and
it,
now beg the me right if
I
to set
have misconceived him.
"I understood him, then
sir, to resist
the introduction of farther
evidence under this indictment, by making four propositions
"
Because Aaron Burr not being on the island
1.
at the time
of
the assemblage, cannot be a principal in the treason according to
the constitutional definition or the laws of England.
" 2. Because the indictment must be proved as indictment charges the prisoner with levying
laid
;
and as the
war with an assem-
blage on the island, no evidence to charge him with that act by relation
is
relevant to this indictment.
"3. Because
if
he be a principal
principal in the second degree
which
is
;
in the treason at all,
and his
guilt
termed derivative, no parol evidence can be
charge him,
we
until
principals in the
first
shall
shew
he
is
a
being of that kind let in to
a record of the conviction of the
degree.
" 4. Because no evidence is relevant to connect the prisoner with others, and thus to make him a traitor by relation, until we shall previously shew an act of treason in these others and the assemblage on the island was not an act of treason. " I beg leave to take up these propositions in succession, and to give them those answers which to my mind are satisfactory. Let us examine the first: It is because Aaron Burr, not being present ;
on the island at the time of the assemblage, cannot be a principal in the treason,
within the constitutional definition or the laws of
England.
"In many of the gentleman^s general popositions, I perfectly as that the Constitution was intended to guard against the calamities to which Montesquieu refers, when he accord with him
:
speaks of the victims of treason; that the Constitution intended to guard
against
arbitrary
principles of sound reason
and constructive treasons;
that
the
and liberty require their exclusion;
and that the Constitution is to be interpreted by the rules of reason and moral right. I fear however, that I shall find it difficult to
WIRT'S SPEECH.
184
[1S07.
accommodate both the gentlemen who have spoken in support of some of the positions of Mr. Randolph to the rules of Mr. Wickham ; for while the one tells us, to interpret the Constitution by sound reason, the other exclaims, ' save us the motion, and to reconcile
common
from the deductions of adopt
A
.''
deed please both the gentlemen
What rule then shall I common sense might in-
sense.'
kind of reason which
not
is
but as that
;
is
a species of reason
*******
of which
I
have no very
will excuse
me
employing
for not
" The inquiry
is,
whether
make a man
sary to
distinct conception, I
a
hope the gentlemen
it.
'presence at the
overt act be neces-
The gentlemen
traitor.''
say, that
it
is
necessary; that he cannot be a principal in the treason, without
What
actual presence.
says the Supreme Court, in the case of
Bollman and Svvartwout?
'
It is
not the intention of the court to
say, that no individual can be guilty of this crime,
appeared
in
arms against
actually levied, that
a
is, if
who
has not
if
war be
body of men be assembled,
for the
his country
;
on the contrary,
purpose of effecting by force a treasonable purpose,
all
those
perform any part, however minute, or however remote from of action, and
who
who
the scene
are actually leagued in the general conspiracy,
are to be considered as traitors.'
*
*
*
" The counsel knew,
*
the counter authority of the if
*
*
that their first point
not expressly admitted
it
* directly
by
They have impliedly,
Supreme Court. ;
was met
hence they have been reduced to the
necessity of taking the bold and difficult ground, that the passage
which
I
have read
extra-judicial, a
is
mere
They
obiter dictum.
have said this, but they have not attempted to sheio it. " Give me leave to shew that they are mistaken ; that
it is
an ohiter dictum
a direct
that
;
it is
*^
not extra-judicial
;
but that
it is
not
adjudication of a point immediately before the court.
^
•71"
" But it
for a
^
TT"
moment
let
be
in
us apply to
it
^ Tt-
gentleman with the inquiry, whether
conformity with the Constitution of the United
States and the laws of England. let
^
-7(i
us relinquish that decision, and putting
aside, let us indulge the
that decision
M, TT
*7r
In interpreting the Constitution
the gentleman's
reason and moral right.
The
own
principles: the rules of
question to be thus determined
is,
WIRT'S SPEECH.
CHAP. XIV.]
whether a man who
is
may
absent
185
not be guilty as
he were
if
actually present. *•'
That
law should be so construed
a
more
advance the remedy
as to
a rule of
common
law, than
and repress the mischief
is
a principle of reason;
applies to penal as well as to remedial
So
laws.
it
not
maxim of
also the
common
the
law, that a law as well
as a covenant should be so construed that
prevail than perish,
Apply these
is
was
to
not to declare that there
But
which required
meant
It
of the crime and provide for j)eople,
its
It
The
that the oflence should
The
presume, was
I
certainly did not
to recognise the existence
punishment.
scribed and limited, required also that
adequately punished.
object,
its
was no such crime.
encourage treason.
to
said,
prevent the people from being harassed by
arbitrary and constructive treason.
mean
Gentlemen have
principles to the Constitution.
that its object
may rather common sense.
object
its
one of the plainest dictates of
it
liberties of the
be defined, circum-
should be certainly and
framers of the Constitution, informed
by the examples of Greece and Rome, and foreseeing that the might one day or other be seized by the
liberties of this republic
daring ambition of some domestic usurper, have given peculiar
importance and solemnity to the crime, by ingrafting
it
upon the
Constitution.
But they have done
this in vain, if the construction
contended
on the other side,
to prevail.
presence
for,
at the
guilt of treason,
avoid
like
a
how
easy will
it
If
it
require actual
from one state
man
in
the
be for the principal traitor to
and escape punishment
this guilt
distant states,
is
scene of the assemblage to involve a
He may
forever.''
He may
to another.
demon of darkness, from one end of
secretly
go into wander
the continent to the
other.
"He may ing.
enter into the confidence of the simple and unsuspect-
He may
pour
before innocent. otier
his poison into the
He may
them advantages, pretend
and beneficial, connect them glory.
He may
his agents.
of action.
who were
his
measures are .honorable
his plot
and attach them to his
that
in
prepare the whole mechanism of the stupendous
and destructive engine and put
by
minds of those
seduce them into a love of his person,
He may
it
in
motion.
Let the
rest
be done
then go a hundred miles from the scene
Let him keep himself only from the scene of the assem-
blage and the immediate spot of battle, and he
VOL.
1
— 16*
is
innocent in law,
WIRT'S SPEECH.
186
whom
Avhile those traitors
Who
!
is
he has deluded are
tlieirs
;
There
.''
and ambitious
artful is
weak,
man who corrupted
no comparison between his guilt and
and yet you secure impunity to him, while they are to
sufier death
moral right
according to the rules of reason }
Is this
!
Is this
.''
a
mean of preventing treason
not in truth a direct invitation to
is it
the death of
to suffer
the most guiUy of this treason, the poor,
deluded instruments or the and misled them
[1807.
nor moral
neither reason
it
Sir,
?
right require
common man, whether
presence at the
actual
Put
overt act to constitute the crime of treason.
Is this
rather,
obvious, that
is
it
Or
.''
case to any
this
the absence of a corrupter should exempt
from punishment for the crime, which he has excited
liim
deluded agents to commit
;
and he will instantly
deserves infinitely more severe
There
instruments.
is
tell
his
you, that he
punishment than his misguided
a moral
sense,
much more
unerring in
questions of this sort, than the frigid deductions of jurists or phi-
and no man of a sound mind and heart can doubt for a moment between the comparative guilt of Aaron Burr (the prime mover of the whole mischief) and of the poor men on Blannerhas-
losophers
;
or the
who called themselves Burr's men. In the case of who is the most guilty, the ignorant deluded perpetrator abominable instigator The decision of the Supreme Court,
su-, is
so far from being impracticable on the ground of reason and
set's island,
murder,
.''
moral right, that
it is
Give
ble dictates.
supported by their most obvious and palpa-
to the Constitution the construction
for on the other side, and
you might as well expunge
from your criminal code; nay, you had better do
it,
contended tlie crime
for
by
this
construction you hold out the lure of impunity to the most danger-
ous
men
in the
community, men of ambition and
talents,
while you
loose the vengeance of the law on the comparatively innocent. If treason ought to be repressed,
I
ask you,
gerous and the most likely to commit
who
it,
who
—
tlie
is
the most dan-
mere instrument
applies the force, or the daring, aspiring, elevated genius
devises the whole plot, but acts behind the scenes
''Permit decision of
England.
me now tlie
to bring
Mr. Wickham
Supreme Court
is
who
.-'
to England.
Sir, the
equally supported by the law of
WIRT'S SPEECH.
CHAP. XIV,
187
to gratify them, let us put Coke aside; what will they say Lord Hale ? Did any angry and savage passions agitate his bosom or darken the horizon of his understanding on criminal
"But
to
O
law?
no
sir,
no spot ever soiled the holy ermine of
mild, patient, benevolent
— halcyon peace
his office;
with a mind
in his breast,
beaming the effulgence of noon-day and with a seraph's sat
on the bench like a descended
down
which
the doctrine for
God
Yet
!
In
1
Hale, 214.
conspire to counterfeit, or counsel, or abet
it,
this statute, for in
"
But
if
many
is
it
treason in
all,
indicted for counterfeiting generally, within
such case *
^
'
and one of them doth
the fact upon that counselling or conspiracy, all
he
soul,
judge has laid
contend, in terms as distinct and
I
emphatic as those of Lord Coke.
and they may be
that
in
treason
tF
all
are principals.'
^
r?F
tP
Judge Tucker has very elaborately discussed this subject and combated the doctrine that all are principals. I admit the truth of all the encomiums which the counsel for the defendant It is
true that
He
have pronounced upon that gentleman. tion of
mind and
all
the virtues of the heart,
has
all
the illumina-
which those
gentle-
men, with the view of enhancing the weight of his authority, have been pleased policy,
I
to ascribe to him.
can say of him from
Yet give me leave, sir, very His object is this subject. high treason,
all
What they have said of him my heart, for I know it to be
briefly to
to
his
true.
argument upon
to prove, that the position, that
are principals,'
mode which he adopts
examine
from
is
is this
He
:
collates all
the authorities Avhich have supported this doctrine, and tracing
up with patient and laborious perseverance, with the view forties,'' he finds the first spring in the reign of Henry VI. case
is
reported in the year-book,
as stated
1
Hen.
by Mr. Tucker from Stanford.
who broke
prison and
adjudged petit treason dra\vn and hanged.
A
let
out traitors.
it
'petere
That
6, 5,
and
It is
the case of a man,
is
very nearly
Stanford says
it
the year-books merely say that he
;
in
The
not law in England.
prove his point
'
sentence in those days,
when
was was
the notions
and punishment of treason (notwithstanding the statute of Edward)
remained
still
unsettled,
crime was petit treason. * vF ^
is
no very unequivocal proof that W
"^
^
'T^
his
WIRT'S SPEECH.
188
[1S07.
" The gentleman next read the case of Sir Nicholas ThrogmorGorgon's head by Judge
ton's suOerings, as they are presented as a
Tucker, not as an illustration of the law, but by way of exciting do not rely upon the our horror against a corrupt judge. What can be the motives which the genauthority of that case. tleman had in view, in reading this case with a countenance and
We
cadence of such peculiar pathos ? Was it to excite our sympathies, under the hope that our apprehensions and feelings when once set afloat might, for the want of some other living object, be graciously transferred to his client
"
It
was with the same view,
I
?
presume, that the gentleman gave
us the pathetic and aflecting story of lady Lisle, as
by
the elegant, chaste and delicate pencil of
touched
it is
Hume.
It
was with
the same views, also, that he recited from the same author, the deep, perfidious and bloody horrors of a Kirk and a Jetferies.
Sensible that there Avas nothing in the virtues of his client or in this cause to interest us, he borrowed the sufferings and the virtues
of a Throgmorton and a lady Lisle, to enlist our affections and set our hearts a bleeding, hoping that our pity thus excited might be transferred
much
and attached to his
client.
I
liorror at the infernal depravity of
hope
that
we
feel as
Judge Bromley and the
sanguinary and execrable tyranny of Judge Jefferies as they or any other gentlemen can feel. But these cases do not apply to merci-
We cannot think it very compliand immaculate judges. mentary or respectful to this court, to adduce such cases. They seem to be held up in terrorem, from an apprehension that their authority would be admitted here, but we apprehend no such conful
sequence.
" But he says that since the revolution of 1688, the British decisions have leaned the other w^ay, and go to shew that accessorial acts
do not make
sion obtained?
dictum of a judge?
How
a principal in treason.
By any adjudged No.
How
No.
case?
is this
conclu-
By any
obiter
then does the gentleman support
the idea of this change in the English law
?
He
has drawn the
reference from the impunity of those who aided the Pretender, who fought his battles or aided him in his flight. This is a new Sir, this was the mere policy of of settling legal principles. of the Stuarts had dipretensions The the house of Hanover.
way
vided the British nation.
Tlieir adherents
were many and
zeal-
WIRT'S SPEECH.
CHAP. XIV.]
189
Their pretensions were crushed in battle. Two courses were open to the reigning monarch either by clemency and forbearance, to assuage the animosity of his enemies and brace his ous.
:
throne with the alfections of his people; or to pursue his enemies
with vengeance, to drive them to desperation;
by needless and wanton cruelty, and
friends
his throne in
course
;
and
to unsettle
He
the blood of his subjects.
to disgust
his float
chose the former
and because either from magnanimity or policy, or both,
he spared them, he supposes that the law of treason was changed,
To
and that they could not be punished.
prevent this inference,
according to the reasoning of the gentleman,
it
was necessary
to
who even aided the Mr. Wickham has mentioned
have beheaded or hung up every human being unfortunate Charles in his flight.
Miss Macdonald; and he would have the monarch
have ha-
to
zarded the indignation and revolt of a generous people, by seizing that beautiful and romantic enthusiast, Flora
ging her from her native mountains in the
and to death
The
!
truth
is,
as
we
Macdonald, and drag-
isle
of
Sky
to a prison
are told by Doctor Johnson in
his tour to the Hebrides, that this step, impolitic as
was, never-
it
was hazarded, though but partially. She was carried to London, but, together with M'Cleod who had aided in the same But flight, was dismissed on the pretext of the want of evidence. certainly the forbearance of the house of Hanover to punish under
theless
an existing law
is
The argument
no argument of the change of that law." here runs into a long and minute course of rea-
upon the law
soning, and examination of authorities principals and accessories, from
We
proceed
to
which
forbear to
I
relating to
make
other passages of more interest.
extracts.
In one of
these the reader will recognize a portion of the speech which has
been often quoted for the vivid and
felicitous picture
the principal coadjutor in the conspiracy, and
tim
— Herman Blannerhasset.
To
its
it
presents of
prominent vic-
this poetical tribute
of the pro-
secuting counsel, which the newspaper press of the day
popular through the country,
we may
made so
ascribe, in great part, that
sympathy by which Blannerhasset's partischeme was palliated and excused. to the gentleman's third point, in which he
large amount of public
cipation in the nefarious
"
I
come now,
sir,
says he cannot possibly
be a principal
fail.
It is this
in the treason at all,
he
is
:
'because
if
the prisoner
a principal in the second
— WIRT'S SPEECH.
190
[1807.
degree; and his guilt being of that kind which tive,
no further parol evidence can be
we shew
is
termed deriva-
charge him,
let in to
until
a record of the conviction of the principals in the
first
degree.'
" By
understand the gentleman to advance, in other terms,
this I
common law
the
by
in treason,
when
doctrine, that
a
man
rendered a principal
is
which would make him an accessory
acts
in felony,
he cannot be tried before the principal in the first degree. " I understand this to be the doctrine of the common law, as
by
established I
insist that
reasons:
the authorities; but
all
can have no effect
it
Because
1st.
"2dly. Because position assumes
"
First.
mon
law.
what
is
the
If
it
It is sufficient,
mere creature of the common law. of England be our law, this
common law
denied, that the conduct of the prisoner
this position is the
on
common law
de-
does not exist in this country.
If
between principals
Constitution nor the act of Congress
levy all
war
who
it.
own
the Constitution and the act of Congress,
that this idea of a distinction
absent
mere creature of the com-
branch of the subject, to take his
this
second degree depends entirely on the
who
make him
be so, no consequence can be deduced from
claration, that the
^11
this point,
in felony.
Because
we examine
it is
the
concede
I
of the accused, for two
of an accessorial nature or such as would
in this case is
an accessory
if
when
in favor
common
we
in the first
and
Neither the
law.
knows any such
against the United States,
shall find
distinction.
whether present or
are leagued in the conspiracy, whether on the
spot of the assemblage or performing some minute and inconsiderable part in
it,
a thousand miles from the scene of action, incur
equally the sentence of the law:
This
scale, therefore,
they are all equally
which graduates the
and establishes the order of their respective isted here,
is
this country.
traitors.
guilt of the offenders trials, if it
ever ex-
completely abrogated by the highest authorities
The Convention which formed
in
the Constitution and
defined treason, Congress which legislated on that subject, and the
Supreme Judiciary of the country expounding the law, have united in
put
tiie
how
its
abrogation.
But
the Constitution and let
us for a
moment
Convention, Congress and the Judiciary aside, and examine
the case will stand.
Mr. Wickham has given
Still
us, is
this scale
of moral
the creature
of
the
guilt, which common laic.
WIRT'S SPEECH.
CHAP. XIV.]
which as already observed, he himself argument
He
in
191
another branch of his
emphatically told us does not exist in this country.
Jias
has stated that the creature presupposes the creator, and that
where
the creator does not exist, the creature cannot.
mon law
then being the creator of the rule which Mr.
has given us, and that neither can the rule
common law
which
is
not existing in this country,
mere creature of
the
The comWickham
exist in this
it
So that the gentleman has himself furnished the argument, which refutes this infallible point of his, on which he has so much relied. But to try this position to its utmost extent, let country.
us not only put aside the Constitution and act of Congress and de-
Supreme Court, but
cision of the
does exist here.
Still
let us
admit that the
common law
before the principle could apply,
remain to be proven, that the conduct of the prisoner has been accessorial
or
;
in
would case
other words, that his acts in relation to
of such a nature as would
this treason are
it
in this
make him an accessory
in felony.
"But
is
this
the
case.''
It
is
a mere petitio principii.
denied that his acts are such as would felony.
I
have already,
in
It is
make him an accessory
in
another branch of this subject, en-
deavored to shew on the grounds of authority and reason, that a
man might be
involved in the guilt of treason as a principal by
being kf^ally though not actually present
much wider space
than felony
;
;
that treason occupied a
that the scale of proximity be-
tween the accessory and the principal must be extended portion to the extent of the theatre of the treason
in
pro-
and that as the
;
prisoner must be considered as legally present, he could not be an
accessory but a principal. fact
If I have succeeded in this, I have in proved that his conduct cannot be deemed accessorial. But
an error has taken place from considering the scene of the overt act as the theatre of the treason, from mistaking the overt act foi the treason
itself,
and consequently from referring the conduct of
the prisoner to the acts on the island.
has been considered island only
;
in relation to the
whereas
it
ought
to
The conduct
of Aaron Burr
overt act on Blannerhasset's
be considered
in
connexion with
the grand design, the deep plot of seizing Orleans, separating the
Union, and establishing an independent empire
in
the
west, of
which the prisoner was to be the chief It ought to be recollected that these were his objects, and that the whole western country
!
WIRT'S SPEECH.
192
from Beaver tions.
It is
was the
to Orleans,
by
[1807.
theatre of his treasonable opera-
reasoning that you are to consider whether
this first
he be a principal or an accessory, and not by limiting your quiries to the circumscribed and
narrow spot
in the island
Having shewn,
the acts charged happened to be performed. think, on the
ground of law^
ered as an accessory,
press the inquiry, whether on the
ground of reason he be a principal or an accessory and erect an independent empire
in the west,
Who
?
Burr, the author and projector of the plot, enlisted the
into execution,
who
men, and
who
will believe that
raised the forces,
procured the funds for carrying
was made a cafs paw is
who
it
Will any man believe
of.''
a soldier bold, ardent, restless and aspiring, the
whose brain conceived and whose hand brought
great actor
plot into operation, that he should sink
down
and that Blannerhasset should be elevated
would
the Union,
of which he was to
Will any man say that Blannerhasset was
the principal, and Burr but an accessory
that Burr,
and remem-
This was the destination of the plot and the con-
clusion of the drama.
who
;
New Orleans, separate
ber that his project was to seize
be the chief
I
that the prisoner cannot be consid-
me
let
in-
where
the
into an accessory,
into a principal
He
.''
Aaron Burr, the contriver of the whole conspiracy, to every body concerned in it, was as the sun to the planets which surround him. Did he not bind them in startle at
once
at tlie thought.
and give them their
their respective orbits their motion?
nerhasset
Yet he
is
to
light, their
heat and
be considered an accessory, and Blan-
to be the principal
is
" Let us put the case between Burr and Blannerhasset.
Let us
compare the two men and settle this question of precedence between them. It may save a good deal of troublesome ceremony hereafter.
"
Who
Aaron Burr
is,
we
have seen,
add, that beginning his operations
with him men whose wealth
is
in
in part, already.
New
to supply
the
necessary funds.
Possessed of the main spring, his personal labor contrives
Pervading the continent from
machinery.
will
I
York, he associates
New
York
all
to
the
New
Orleans, he draws into his plan, by every allurement which he
can contrive,
men of
all
ardor he presents danger and glory
and honors
;
To
ranks and descriptions.
to avarice the
;
to ambition,
mines of Mexico.
youthful
rank and
To
titles
each person
WIRT'S SPEECH.
CHAP. XIV.]
whom
he addresses he presents the object adapted to
His recruiting
bosom
Men
ollicers are appointed.
out the continent. in its
193
Civil life
man
this
is,
his taste.
are engaged through-
indeed, quiet upon
its
surface, but
has contrived to deposit the materials which,
with the slightest touch of his match, produce an explosion to
shake the continent. and
apply
who
fled
On
match.
this
Who
"
All this his restless ambition has contrived
is
occasion he meets with Blannerhasset.
this
A
Blannerhasset.''
from the storms of
His history shows that war If
it
;
the autumn of 180G, he goes forth, for the last time, to
in
his is
man
native of Ireland, a
own
of letters,
country to find quiet
in ours.
not the natural element of his mind.
had been, he never would have exchanged Ireland for
So
America.
an army from furnishing the society natural
far is
and proper to Mr. Blannerhasset's character, that on his arrival
in
America, he retired even from the population of the Atlantic
and sought quiet and solitude
states,
But he carried with him
forests.
and
the desert smiled
lo,
in the
!
Ohio, he rears upon
in the
bosom of our western
and science and wealth
taste
Possessing himself of a beautiful island it
a palace and decorates
romantic embellishment of fancy,
A
it
with every
shrubbery, that Shenstone
might have envied, blooms around him. Music, that might have An extensive library charmed Calypso and her nymphs, is his. spreads to
him
its
all
treasures before him.
A philosophical
apparatus offers
Peace, tranquillity
the secrets and mysteries of nature.
and innocence shed their mingled delights around him.
crown
who
the enchantment of the scene, a wife,
is
And
to
said to be
beyond her sex and graced with every accomplishment that can render it irresistible, had blessed him with her love and made him the father of several children. The evidence lovely even
would convince you, In the midst of
that this is but a faint picture of the real
peace,
all this
quillity, this feast
destroyer comes
this innocent simplicity
and
life.
this tran-
of the mind, this pure banquet of the heart, the
he comes
;
to
Yet the flowers do not wither
change at his
this paradise into a hell.
No
approach.
monitory
shuddering through the bosom of their unfortunate possessor warns
him of the ruin had lately held hearts,
that
is
in
his
civilities
1—17
by the
country, he soon
by the dignity and elegance of VOL.
A
coming upon him.
Introduced to their
himself.
his
stranger presents
liigh
rank which he
finds his
way
demeanor, the
to their light
and
WIRT'S SPEECH.
194
[1807.
beauty of his conversation and the seductive and fascinating power
The
of his address.
conquest was not
pects none in others.
Innocence
difficult.
Conscious of no design
ever simple and credulous.
is
sus-
itself, it
wears no guard before its breast. Every is thrown open, and all
It
door and portal and avenue of the heart
who
choose
Such was the
enter.
it
serpent entered
its
The
bowers.
Eden when
of
state
the
more engaging
prisoner, in a
form, winding himself into the open and unpractised heart of the unfortunate Blannerhasset, found but
little dilficulty in
native character of that heart and the objects of
degrees, he infuses into
breathes into
it
the fire of his
ate thirst for glory all
own courage
man
is
flat
more he enjoys
and insipid to his
retort and crucible are
breathes
its
a daring and desper-
;
taste.
thrown
the tranquil scene
aside.
Even
babes, once so sweet, no longer affects him
of his wife, which hitherto touched
possession of his soul.
it
has be-
His
His shrubbery blooms and His vain; he likes it not.
trumpet's clangor and the cannon's roar.
now unseen and
;
His books are abandoned.
fragrance upon the air in
is
In a short time
life.
ear no longer drinks the rich melody of music
speakable,
By
He
changed, and every object of his former delight
No
relinquished.
come
ambition.
an ardour panting for great enterprises, for
the storm and bustle and hurricane of
the w^hole is
;
own
the poison of his
it
changing the
its affection.
his
;
;
it
longs for the
the prattle of his
and the angel smile
bosom with ecstasy so un-
Greater objects have taken
unfelt.
His imagination has been dazzled by
visions of diadems, of stars and garters and titles of nobility.
has been tau2:ht to burn with restless emulation at the
He
names of
His enchanted island is destined soon to relapse into a wilderness and in a few months we find the beautiful and tender partner of his bosom, whom he lately great heroes and conquerors.
•,
'
permitted not the winds
her shivering
at
of summer
'
to visit too roughly'
we
find
midnight, on the wintery banks of the Ohio and
Yet mingling her tears with the torrents, that froze as they fell. this unfortunate man, thus deluded from his interest and his happiness, thus seduced from the paths of innocence and ])eace, thus in the toils that were deliberately spread for him, and overwhelmed by the mastering spirit and genius of another this man, thus ruined and undone and made to play a subordinate part
confounded
in this
grand drama of guilt and treason,
—
this
man
is
to
be called
WIRT'S SPEECH.
CHAP. XIV.]
the principal olFender, while
misery,
Is
Is
law.''
it
nor the
lieart
whom
by
he was thus plunged
comparatively innocent, a mere accessory
is
reason.-*
/le,
105
humanity?
it
human understanding
Sir, neither
will
in
this
Is
!
human
the
bear a perversion so
monstrous and absurd! so shocking to the soul! so revolting to
Let Aaron Burr then not shrink from the high destinawhich he has courted, and having already ruined Blannerhas-
reason tion
!
set in fortune,
to finish the self
character and happiness forever,
let iiim not
and punishment.
"Upon iu this
the whole,
reason declares Aaron Burr the principal
sir,'
crime and confirms herein the sentence of the law
gentleman, in saying that his offence sorial nature,
is
;
begs the question and draws his conclusions from
what, instead of being conceded, the island, but imparted his
accessory but a principal the objection
and the
of a derivative and acces-
denied.
is
It is
clear from
has been said, that Burr did not derive his guilt from the
we
attempt
man between him-
tragedy by thrusting that ill-fated
;
own
guilt to
them
;
that
and therefore, that there
which demands a record of
he is
is
not an
nothing in
their conviction before
go on wdth our proof against him.
shall
" The question then
is,
whether,
all
these things admitted, the
assemblage on the island were an overt act of levying war. sir,
are
what
men on
we
Here,
forced most reluctantly to argue to the court, on only
a part of the evidence, in presence of the jury, before they have
heard the rest of the evidence, which might go a great explain or alter
its
we must meet it. To which we are obliged
this
way
But unpleasant as the question
effect.
What
way,
to
is
is
to in
an open act of levying war
answer, that
it
.''
must be decided by
the Constitution and act of Congress.
" Gentlemen on the other asked us for cannon.
'
battles,
Shew
bloody
side,
speaking on
battles,
us your open acts of war,' they exclaim.
knocks, says one, are things Ave can
Where was war ?
have
all
feel
Hard
and understand.
the open deed of war, this bloody battle, this bloody
cries another.
battle.
this subject,
hard knocks, the noise of
No
where, gentlemen.
There was no bloody war.
There was no bloody
The energy
of a despised
and traduced government prevented that tragical consequence. In reply to
all
this blustering
and clamor for blood and havoc,
let
WIRT'S SPEECH.
196
me
[1S07.
ask calmly and temperately, does our Constitution and act of
Congress require them? short of actual battle
?
Can treason be committed by nothing Mr. Wickham, shrinking from a position
so bold and indefensible, has said that
if
there be not actual force,
there must be at least potential force, such as terror and intimi-
We
dation struck by the treasonable assemblage.
Let
this idea presently.
us, at this
tional definition of treason, or to so
case.
moment, recur
much
thereof as relates to this
Treason against the United States
'
war
examine
will
to the constitu-
consist only in
shall
making war, but in levying it. The whole question then turns on the meaning of that word, levying. This word, however, the gentlemen on the other side
levying
have
against them,' not in
dropped
artfully
as if conscious of
:
them, they have entirely omitted to use
"
We
know
that ours
is
operation against
a motley language, variegated and en-
many
riched by the plunder of
its
it.
When
foreign stores.
Ave derive
a word from the Greek, the Latin or any other foreign language, living or dead, philologists
have always thought
it
most safe and
correct to go to the original language, for the purpose of ascer-
meaning of such word.
taining the precise all
our lexicographers,
a
is
therefore, that
we
to ascertain
true and real meaning
its
when
men on
the other side is
applied to war,
before me,
him, because
to
Honor, "' lift,
I
Letter,
I
" Levee
'
am
the
this
we
believe
ever means to
import of
purpose
d\m
levee
:
by
proper,
shall not
fight, as the gentle-
to believe.
Boyer's Dic-
more encouraged
to appeal
and Swartwout, your
very word, thought
it
not
Boyer, 'to
Under the verb he has no phrase
but under the substantive
you them
siege, the
fruits,
Zet^ee,
he has
all.
raising of a siege.
Levee des fruits,
crop, harvest.
du parlement Britannique, the
British Parliament.
gathering.
I
the verb active, signifies, according to
will give
gathering of
La
and
case of Bollman
heave, hold or raise up.'
several.
are told
It is
to refer to the authority of Dr. Johnson.
apj)licable to our
"
and
sir,
the
in
it
;
would have us
in estimating the
improper
we
origin.
should turn to the dictionary of that language
find that
tionary
Levy,
word of French
Levee
(collccte de
rising or recess of the
deniers) a levy-raising or
AVIRT'S SPEECH.
CHAP. XIV.
197
" Levee de gens de guerre, levying, levy, or Faire des
" So
levies de soldats, to
when
raising of soldiers.
levy or raise soldiers.
means gathering as means raising only; not gathering, assembling or even bringing them together, but merely raising. Johnson takes both these meanings, as you mentioned in the case of Boll man and Swartwout but in the original that
applied to fruits or taxes,
When
well as raising.
applied to soldiers
it
it
;
we
language,
see that levying,
when
applied to soldiers, means
simply the raising them, without any thing further. matters, levying and raising, if
Boyer may be
In military
trusted, are syno-
nymous.
"But to word levy, rowed the III.
ascertain let
still
more
Avhole definition of treason,
The
statute is
in
Norman French,
treason of levying war, uses these contre noslre seigneur
le
was
II,
when
words
;
and, in describing the '
Si home
leve de guerre,
roy en son royalme.''
" In a subsequent reign, of Richard
meaning of this which we have borthe statute of 25 Edward
satisfactorily the
us look to the source from
I
mean
the statute of
the factious and turbulent reign
Edward, although unrepealed,
forgotten, lost and buried under the billows of party rage and
vengeance,
it
became,
at length,
necessary for parliament to inter-
fere and break in pieces the engine of destructive treason; and in
the 21st year of Richard
II,
a statute
was passed, which may be
Edward
considered as a parliamentary construction of that of In that statute, the treason
que
levy
le
people
deins son realme.''
used
in
the statute
variation
The
making xmr ;
it
is
'
III.
Celuy
clearly contradistinguished
from the
of men and horses, for the purpose of and the levy would have been complete, although
statute of Richard, as not only
I
consider, therefore, the
adding another authority to Boyer,
prove that the extent of the French verb
soldiers, goes
thus explained,
levy is
the purpose had never been executed.
to
is
et chevache encounter le roy u faire guerre Here the French verb, leve, is the same as that of Edward, with an unimportant orthographic
and here
;
actual war.
of levying war
lever,
no farther than the raising them
when
but
I
applied to
consider that
****** ;
statute also as a parliamentary exposition or glossary of the phrase levy de guerre, in the statute of
VOL.
1
— 17*
Edward.
WIRT'S SPEECH.
198
[1807.
" Mr, Lee says, that hard knocks are things it
equally true that an assemblage of
is
True
all see.
it
men
we
is
can
all feel,
an object
we
yet
can
as the gentleman says, that cannons and small
is,
arms may be heard; and so may the disclosure of a treasonable plot. At last, the overt act which they require is but an appeal to the human senses; and the overt act which we have proven is
Why
equally satisfactory to them.
do they
sense of feeling to the sense of hearing.''
were
to feel
we must
that
it,
insist
on calling
He may
also taste and smell
it.
in the
say, if
we
Mr. Wick-
indeed complains, that if you stop him short of actual force, you take away the locus pcenitenlifc. I say, if you do not stop short of it, you take away the motive of repentance; for you offer the traitor victory and triumph, and it is not in their arms But was there, sir, that we are to expect from him repentance.
ham
no opportunity for repentance
The
in this
case
}
We
shall
prove that
more than a year brooding over this treason. and desolation that he was about to bring upon this coun-
the prisoner ruin
was
for
try must have been often before him.
If all love
of his country
were so far extinguished in his breast, that he could not forbear, war gave no his sake, did he not why, for own pang of remorse to his bosom, and the treason Cromwell Why did he not remember repent.'' himself; daring as and fate of Csesar.^ Cromwell, as bold and if
the downfall of liberty and the horrors of civil
—
the miserable effects of his successful usurpation; the terrors that liaunted and scourged
him day and
amidst the splendor of a palace. forget; but he rivalship
;
him even
remembered them
as objects of competition and
not to detest and abhor, but to envy, admire and emu-
Such was
late.
night, and blasted
Csesar and Cromwell he did not
the kind of remorse
drenching his country
which he
felt at
the idea of
blood and substituting despotism for
in
liberty; such the very promising disposition and temper for re-
pentance which alone he manifested. '•
Mr. Randolph wishes
tween
to
know how the line can be drawn beThe answer is obvious At
enlisting and striking a blow.
:
where the courts of England and the iiighest court in this country have concurred in drawing it. A line Does strong and plain enough to be seen and known is drawn. the point of the assemblage,
reason,
sir,
require that you should wait until the blow be struck.'
If so, adieu to the
law of treason and to the chance of punish-
CHAP.
WIRT'S SPEECH.
XIV.]
The
ment.
aspiring traitor has only to lay his plans, assemble
and strike no blow
his forces
199
He
resistance.
he be
till
in
such power as to defy
He
understands the law of treason.
draws a
line
of demarkation for the purpose of keeping within the boundary
He
of the law.
He
men.
He
projects an enterprise of treason.
directs all the operations essential to
one end of the continent to the other
He
the pale of the law.
;
its
but he keeps himself within
goes on continually acquiring accessions
of strength, like a snowball on the side of a mountain,
comes too large
He
New
He
Orleans.
Then what becomes of your
of Congress or your courts the
way
He
.''
to discourage treason?
and promote
to insure
it }
He
advances
does not hazard the blow
completely ready; and when he does strike, irresistible.
it
will
till
he
till
is
be absolutely
law
Constitution, your
laughs them to scorn.
Is this
way
to excite
Is it not the best
the most complete success
it
he be-
till
and sweeps everything before him.
for resistance
does everything short of striking a blow.
he gets to
enlists
success from
con-
I
}
*******
clude, therefore, that reason does not require force to constitute treason.
"This court then having
itself
decided, that the question, whether
there have been an overt act or not, belongs essentially to the jury,
it is
strange that the prisoner should persist in pressing
What
the court.
on the fact of levying
away from
it,
what
Have you
war.''
know where the have it? And suppose
like to
should exert
on
the court thinks
it
acknowledged
tainly implies a reflection, either
will
do him more than justice,
should
justice.
Will
not take
it
right of deciding on facts in this
?
course cer-
on the jury or the court
do him
plies either that the jury will not
him
I
has this power and
be the consequences?
will
the jury their
the power, sir?
authority can be found to prove that you
But the anxious perseverance of the prisoner
:
it
im-
justice, or that the court
If he believed the jury
would do
and wished nothing more, he would be content to leave
his case to them.
and he therefore it
it
does he mean by calling on the court to decide
will or no, I
If
he believed they w^ould not do him
tries to force his
may
precedented upon
truly say, that
this earth
to take refuge under the
:
a
justice,
cause before the court, whether
man
he exhibits a phenomenon unflying
from a jury of
wings of the court
!
Sir, I
his peers
can never
WIRT'S SPEECH.
200 think so t^y
my
of
ill
moment,
to
my
apprehend that
its
it
will invade the peculiar
great to apprehend
if,
at this period,
set,
when
power and superior
tinguished by intellectual
cedent be
and
by which the great
tlie
made of
bench
is
so dis-
fact in trial for life and death shall
may
In the fluctuations of party, in the
hereafter.''
it
too
illumination, a pre-
be wrested from the jury and decided by the bench, what use not be
my
oflicially, is
remarks of a general nature will be
that
But
applied to them.
and acknow-
This court well knows that
as private gentlemen
members,
need
respect for the court permit me, for a
ledged province of the jury. respect for
to believe, that innocence
countrymen as
from them; nor will
[1S07.
may lead They proper.
bitterness of rancor and political animosity, the judges juries to
may
one side or the other, as they
may
think
dictate as to the existence of an overt act, and thus decide the
fate of a prisoner.
or rescue
whom
judge
If a
law
facts as well as
sitting
on the bench
in a prosecution for treason,
he pleases.
he be a
If
decide on
shall
he
may
jjolitical partisan,
sacrifice
he
may
save his friends from merited punishment or blast his foes unjustly. If judges in future times, not having the feelings of ])alriotism
which they have
zeal and factious spirit of party, to shall
have the power
now proposed
promote the views of party, to
be exercised, what will be
the posture and fate of this country then
precedent, some
tyrant
Can
mount the bench.
humanity and
these days, but animated by the
in
If
?
Bromley or some
you
rufi'an
establish this Jcfferies
may
the soul look forward without horror to
the dark and bloody deeds
which he might perpetrate, armed with now called on to set? But you will
such a precedent as you are not set
trial
You
it, sir.
fearful
by
your country
will not bring
and perilous as that which jury.
I
shudder
of such an hour.
You
to reflect
will cast
to see an
hour so
shall witness the ruin of the
what might be the consequences
your eyes
into futurity,
and fore-
seeing the calamities that must result from so dangerous an ex-
ample, will avoid
it.
You
will
be
satisfied that neither
reason nor
the laws of England or of this country support the doctrine, that
you have the power
to
prevent this jury from proceeding
inquiry, merely, because your
mind
is satisfied
in their
that the overt act
is
not proved.
" All the
distinctions,
which Mr. Wickham and Mr. Randolph
have taken, have gone on the dangers of constructive treason.
WIRT'S SPEECH.
CHAP. XIV]
201
me
All their apprehensions on this subject seem to
They appear
visionary.
perfectly-
They look common law, an-
dangers of constructive treason under the
at the
be
to
to result from this mistake:
Edward, They look into the terrors exwhen he enumerates the many various kinds of
terior to the statute of
pressed by Hale
The meaning
treason, before that statute limited the number.
constructive treason in
1
generally misconceived.
is
Easfs Crown Laic,
truth
more directed
p.
some
of
well explained
72; 'Constructive levying of
tear is
in
against the government than the person of the
king, though in legal construction,
This
the king himself.
It is
a levying of
is
it
when an
is
insurrection
war
against
raised to reform
is
national grievance, to alter the established laws or religion,
to punish magistrates, to introduce innovations of a public concern, to obstruct the execution of
any
or for
some general law, by an armed
force,
other purpose ichich usurps the government in matters of
a public and general concern.'' by Mr. Rawle in Fries''s trial,
It
therefore true, as laid
is
p. 161, 'that
what
in
down
England
is
called constructive levying of war, in this country must be called
Although
direct levying of war.'
by Judge Tucker, (Ath
this
seems not
to
be assented
Tucker'' s Blackstone Jlppendix,
to
13-14,^
possibly because he did not examine that point as thoroughly as
he did the doctrine of treason generally. Before that statute passed, the dangers resulting from arbitrary
were great and grievous, and the comas they were just. Levying war
constructions of treason plaints against in
them
as
vehement
England against the king or
majestatis,'' consists
his
government, the
;
ernment or his authority
in his political person.
is
constructive levying
defined in the Constitution.
against the United Slates. to
in the
of the prince,
mere design or
oflence is
it
the king's authority or prerogative.
life
is
Icesce
may
In America, the
Here
it
when
consist in
intent of the mind.
in
levying
war
consists in an opposition
In England, it
against his gov-
it
It consists
In England,
Constitution and government. against the
crimen
of direct and express levying of war against
the king's natural person
crime
'
But
is
against the
it
is
intended
mere imagination, in this
country the
against the government, ihe political person only; and
As
actual war.
natural person,
it
it
may
is
be said to be constructive.
interpretations of treason,
it
against the government, not against a
But constructive
which produced so much
terror and
WIRT'S SPEECH.
202 alarm formerly
[1807.
England, and against the abuses of which gen-
in
tlemen have declaimed so pathetically, cannot take place in this
They
country. the whole,
I
are expressly excluded by the Constitution.
which
the intention of
treason
is
proven to be traitorous, was an act of
that the assemblage, with such intention,
;
And
for that purpose.
stop the proceedings.
"I have
finished
I
court as this
This
am
The
jury must proceed with the inquiry.
I
had
sure
it is
I
thank
I
cannot
sufficient, this court
to say.
much exhausted
am
sufficient
were not
what
too
is, I
was
if it
the time of the court so long. attention.
Upon
contend, that the meeting on Blannerhasset's island,
beg pardon it
for
consuming
for its patient and polite
to recapitulate,
and
to such a
unnecessary."
an exhibition of some of the most prominent passages, of
is
a speech which
fills
seventy pages of an octavo volume, and which
occupied several hours
in the
delivery.
have excluded from
I
these extracts a large portion of the argument
which
dealing,
principally, in minute discriminations of technical law, and in the
analysis of legal decisions, could scarcely be expected to interest
the general reader, and which would be
members
of the legal profession
report of the
full
It
time
still
who have
less satisfactory to
familiar access to the
trial.
may be remarked of this speech, when the speaker was yet in the
that having
been made
and somewhat noted for the vivacity of his imagination and warmth of his feelings, he may be supposed to have made eflbrt
at
disadvantage, under the
at
a
vigor of youthful manhood, the this
necessarily imposed
restraints
to which he was an argument upon mere questions of law, suffi-
upon him by the nature of the subject and the forum spoke.
It
ciently abstruse and technical in their nature to forbid any very
free excursion of the fancy, and to defy the attractions of declamation.
The
orator, addressing himself to the
most severe and
dis-
ciplined mind in the judiciary of the nation, doubtless felt his inclination constantly
He
rebuked by the presence
in
which he
stood.
could not lose the consciousness of an ever present constraint
imposed upon him by the place, and the subject, both exacting cal precision and in the perusal
compact legal deduction.
of the speech,
speaker to escape from the
more congenial
this
fields
how
apparent
logi-
We cannot but remark, is
the inclination of the
thraldom, and to recreate his mind in
of rhetorical display
;
and liow obviously
TESTIMONY OF MR. MERCER.
CHAP. XIV.]
he has
the exigency of the argument, like a stone tied to the
felt
wings of
his fancy to bring iiim quickly back,
the labor of his task. his forensic
At
on every
that period in the life of
fame was much more connected with
a jury, than in discussions addressed to the
the advocate and looking alone to our
that
celebrated and important
and
we
cannot
own
satisfaction,
had not offered him an with which it abounded, as
trial
occasion to argue the questions of fact
The
;
upon the peculiar
power of
well as the points of law to which
flight, to
William Wirt,
his eflforts before
bench
help feeling some regret, while speculating
this
203
we have
adverted.
description of the abode of Blannerhasset
a legitimate opportunity to the indulgence of
which furnished
Mr. Wirt's peculiar
trial, seems to have inspired one of the same fervor of poetical rapture in giving a woodland paradise.
vein of eloquence in this
witnesses with the
sketch of this
A
most estimable gentleman,
memory
the scenes
which so
who
is
yet
alive
to
recall
attracted his youthful fancy,
to
— Mr.
Charles Fenton Mercer, had visited the island, upon the invitation of
its
proprietor, just at the time
be nearest visit
its
point of explosion.
when the conspiracy was said to As he had seen nothing on this
awaken his alarm for the peace of the country, was introduced into the trial for the misdemeanor,
calculated to
his testimony
which immediately followed the acquittal on the charge of treason. This testimony was recorded in a written deposition, a few extracts from which will gratify the reader by enabling him to compare Mr, Wirt's glowing picture with the actual impression which the scene made upon Mr. Mercer. " On Saturday evening, the sixth day of December, this deponent arrived, in the course of his journey home, at the shore of Ohio, opposite to the island of Mr. Blannerhasset; and having first learned, with some surprise, that Mr. Blannerhasset was yet on the island, crossed over to his house in a violent storm of wind and rain. That evening and the following day he spent at the
*******
most elegant seat and
his lovely
in Virginia, in the society
of Mr. Blannerhasset
and accomplished lady.
" This deponent having expressed a desire to become the purchaser of Mr. Blannerhasset's farm, he had the goodness to show him the plan and arrangements of his house. Every room in it
TESTIMONY OF MR. MERCER.
204
was opened
[1807.
As he walked through
to his inspection.
diiferent
its
apartments, the proprietor frequently apologized for the confusion
was thrown by
into Avhich his furniture it
;
his preparation for leaving
and observed that the greater part of his furniture, his musical
instruments, and his library containing several thousand volumes
of books, were packed up for his immediate removal. TT
TT
TV
Tp
JT
tF
TP
" Mr. Blannerhasset having intended, before deponent reached his house, to visit Marietta on Sunday evening, the deponent availed himself of a double motive to quit this attractive spot.
He
did not leave
ments of
however, without regretting that the engage-
it,
proprietor, and his
its
own dreary journey,
commencement of winter, forbade him which, although so transient, had afforded him in the
*
*
*
corresponded so sentiments, they
if
much
pleasure. felt,
Mr.
to
he could have visited him with unfavorable
would have vanished before the
of evidence which,
light of a species
not reducible to the strict rules of legal tesinfluence over all sensitive
timony, has, nevertheless, a potent hearts, and
so
All that he had seen, heard or
with the criminal designs imputed
little
Blannerhasset, that if
but just begun
to prolong a visit
which though
possess not the formal sanction, has
it
more truth than oaths or affirmations. What will a man who, weary of the agitations of the Avorld, of its noise and vanity,
often
!
has unambitiously retired to a solitary island
in the
heart of a
desert, and created there a terrestial paradise, the very flowers
and shrubs and vines of which he has planted, nurtured and reared with his
own
hands
;
a
man whose
soul
is
accustomed
to toil in
the depths of science and to repose beneath the bowers of literature,
whose ear
is
formed
to the
touch and breath daily awaken struments;
—
will such a
man
harmony of sound, and whose from a variety of melodious
it
start
up
in the decline
the pleasing dream of seven years slumber, to carry to the peaceful habitations of
wrong?
Are
his musical
equipage of a camp
woman
and two
to
and sword
instruments and his library to be the
children, to
— a war so unequal
better adapted
in-
from
men who have never done him
whom
he seems so tenderly
tached, to the guilt of treason and the horrors of
so desperate
fire
life
Will he expose a lovely and accomplished
?
little
of
the
!
innocent
Were
not
all
war ?
A
at-
treason
his preparations
and useful purpose which he
INCIDENTS OF THE TRIAL.
CHAP. XIV.]
avowed, rather than was imputed to him
to the criminal
*
?
The
reader will smile
affidavit,
and hazardous enterprise whicii
*
with which the deponent
*
Such Avere the sentiments
the island of Mr. Blannerhasset."
left
at
205
this
and weigh, with many
of
rapture
enthusiasm
an
in
grains of allowance, the warm-
hearted friendship of a young votary fascinated by the attractions
of this
Eden
naturedly at
in the it
wilderness; but no one will smile more good-
than the worthy author of
it
himself,
who
has lived
long enough to repress the fervors of his imagination, though not to
quench the generous and benevolent
A
few more brief references
instincts
to these trials,
of his heart.
and
we
shall dis-
miss the subject.
These
relate to
minor incidents which transpired
in the
course
of the long examinations of testimony, and are only noticed to
shew the temper in which the parties stood some of the more prominent witnesses. General Wilkinson is under examination " Mr. Botts, (speaking to the witness.) to
to
each other and to
— When you are about
show a paper, you will please submit it to our inspection. " General Wilkinson. I shall be governed by the Judge
—
in
that respect.
" Mr. Botts.
— Then we
shall request the
Judge
to
govern you
in that respect."
Major Bruff was
called to the stand
"Mr. Wickhaji argued that the testimony of Major BrufF was admissible to show an inconsistency in that of General W^ilkinson.
"General Wilkinson. I am not in observation ?
language which has, upon
— May
I
be permitted to make one
the smallest degree surprised at the
this
and several other occasions, been
used by the counsel of Col. Burr
— men
who
are hired to mis-
represent.
" Mr. Wickham.
man "
—
I
will not submit to such language from any
in court.
The Chief
Justice declared the style of General Wilkin-
son to be improper, and that he had heard too
guage
in court.
"General Wilkinson apologized." Silas Dinsmore is questioned he says
—
vol.
1—18
:
much of such
lan-
— INCIDENTS OF THE TRIAL.
206
"General Wilkinson condescended previously
made
to ask
my
opinion, having
a full disclosure of the dangers apprehended, and
of the measures which he had adopted.
favor of seizing every
This was
sures.
[1S07.
I
did give
my
man whom he found opposed development of the
after a
state
advice
of
in
mea-
to his
by
aflairs
General Wilkinson.
— —
" Mr. Martin. And that not to be depended upon. " Mr. Wirt. That will be a subject of discussion hereafter. " Mr. Martin. I know that.
—
" Mr. Wirt,
good deal of these
The
alow
(in
following
tone of voice to Mr. M.)
You
knoiv a
things.''''
is
in
a pleasanter key, and to those
who
inti-
mately knew Mr. Wirt, and remember that constant tendency to playfulness, which seemed to break forth even in his gravest moments and out of the bosom of his deepest study, it will bring
him
and the quiet humor eye, a
His friends will
vividly to mind.
that, like a
when an occasion
recall
the musical voice
ray of mellow sunshine,
lit
up
his
for a laugh might be found in the course of
trial.
A
fifer,
by
the
name of Gates, was under cross-examination.
Some boats had been seized near Marietta. Gates was a militiaman on duty against the conspirators, and saw the seizure of the boats.
" Mr. Wirt.
— As
to attack the boats
far as I understand you,
you were
called on
?
— — — " Mr. Wirt. — And you were unwilling " Answer. — Yes. " Mr. Wirt. — That you were willing
" Answer. Yes. " Mr. Wirt. And you were called on to carry a musket " Answer. Yes. to
is,
fight?
" Answer.
— Yes."
do
i
it.''
to whistle and not to
CHAPTER XV. 18 07.
THE AFFAIR OF THE LEOPARD AND CHESAPEAKH.— EXFOURTH OF JULY.— LETTER TO JUDGE TUCKER.— WIRT PROJECTS THE RAISING OF A LEGION CORRESPONDENCE WITH CARR IN REGARD TO IT.— THE PROJECT MEETS OPPOSITION FINALLY ABANDONED WAR ARRESTED.— THE EMBARGO.
PUBLIC AGITATION
PECTATION OP
The
country was agitated, in 1807, by other events of liigher
import than Burr's conspiracy.
political
A
WAR
by her incommerce with the conas it was then asserted,
sentiment of hostility against England, provoked
x'asion
of the neutral rights of American
Europe,
tinent of
in the right
of search,
and by the impressment of American seamen under the the United States, had been growing, for
flag
some few years,
to
of
such
a predominance in the breast of the nation, as to render
war a
The
failure
probable result, and a subject of popular comment.
of Messrs. Monroe and Pinkney to adjust these questions, and the refusal of
to submit to the Senate the unsatis-
Mr. Jeflerson even
factory treaty they had negotiated, contributed to increase the probability of a resort to arms.
The
outrage perpetrated, at this juncture, upon the the aggression of the
flag, in
in itself,
national
Leopard upon the Chesapeake, was,
an insult of such flagrant enormity, as to rouse the uni-
demand for instant reparation. were merged in this, and nothing prompt and vigorous measures taken by Mr. Jefferson, at
versal indignation of the people to a
All previous topics of quarrel
but the
the moment, restrained the country from an immediate declaration
of war. It
was on the 22d of June, when the Chesapeake
frigate,
standing out to sea from Norfolk, passed a British squadron at
anchor
in
Lynnhaven bay.
belonging to the
The Leopard,
squadron, followed
within a k\v miles of
Cape Henry.
a frigate of
fifty
guns,
her, and overhauled her,
Here
a boat
was
sent with
THE LEOPARD AND CHESAPEAKE.
208
[1807.
an otficer and several men, to demand of Captain Barron the sur-
render of three men,
who were
and
who were
said to
Captain Bar-
knew of no persons of that Upon receiving this answer, the
reply was, that he
ron's
amongst
his
gate
kept
still
crew.
in pursuit
and then a broadside
of the Chesapeake,
into her,
which
men, besides doing some damage
The Chesapeake,
ship.
—
fired, first,
one gun,
wounded
killed and
to the spars
description British fri-
several
and rigging of the
being totally unprepared for an encounter
which she had no reason and
be aboard the Chesapeake,
claimed as native British subjects.
to expect,
was obliged
to strike
her
flag,
submit to the impressment and abduction of four of her
to
The consequences which
crew.*
followed
this event,
gave a
stirring interest to the time.
The
President issued a proclamation ordering off the British
squadron, and interdicting the waters of the United States to
armed
British
Detachments of
vessels.
militia
were ordered
to
A gov-
Norfolk, to protect that point against a threatened attack.
ernment vessel was despatched
all
London, bearing instructions
to
to
our minister there to demand the satisfaction and security which the recent outrage rendered necessary.
which the
Every
thing
was done
crisis required.
This reference
to the history of a
grave national event, may,
perhaps, appear too stately an introduction to the comparatively trivial
concern which a private citizen of that day, had
general ferment which
it
produced.
vidual participation, however,
we may
in the
humble sphere of
In the
often read
an
indi-
authentic
exposition of national sentiment, and find the temper and spirit of the times illustrated quite as forcibly as in narrative of a higher
—
indeed, even more forcibly and with more graphic efliect. Richmond became a theatre of great agitation. Those martial
cast;
fires,
which slumber
in the breast
are so quickly kindled into flame
of every community and which by the breeze of stirring public
This unfortunate and mortifying incident has been the subject of too much to render it necessary to say more of it here but, in justice to those who were censured for the event, it is proper to add that at the moment of this attack *
comment
the Chesapeake
;
was
in a condition wiiich totally disabled her from resistance.
had been but a few hours out nf
port,
great quantities of stores unstowed, der,
and want of organization
enemy.
and had sailed with
which were yet
lier
She
decks lumbered with
in this condition.
This
disor-
in her crew, placed lier entirely at the disposal of her
EXPECTATION OF WAR.
CHAP. XV.]
now
events,
209
blazed, .with especial ardor, amongst the youthful and
Over
venturous spirits of Virginia.
whole
the
state, as, indeed,
over the whole country, that combative principle which heart of
which
lies at
the
chivalry, began to developc itself in every form in
all
national sensibility
is
generally exbibited.
The
people held
meetings, passed fiery resolutions, ate indignant dinners, drank
bil-
Old armories
ligerent toasts, and uttered threatening sentiments.
were ransacked, old weapons of war were burnished anew, military companies were formed, regimentals were discussed, the drum and
woke
and martial bands of music
fife
the morning and evening
echoes of town and country, and the whole land was
filled
bosom of
up, like plants of a night, out of the
The pruning hook was, Patriotism found
a peaceful nation.
of a sudden, converted into a spear.
all
vent
a
eloquence
in
;
an unwonted
indolence
monotony of
stimulus in the exciting appeals of the day, and the
ordinary
happy
a
life
with the
which sprang
din, the clamor, the glitter, the array of serried hosts
relief in the
new
duties
which sprang out of
the combination of citizen and soldier.
Many
now
are
living
who remember this fervor. Twenty-five The generation which grew
years had rolled over the Revolution.
manhood
to
were educated
in this interval,
of the war of Seventy-six, w'hich, fresh fire-side,
reminiscences
in all the
in the narratives
inflamed the imagination of the young with
marvels of soldier-like adventure. amplification and the unction
were heard by
These were
its
told
of every
thousand
with the
characteristic of the veteran, and
his youthful listener,
with many a secret sigh, that
such days of heroic hazards were not to return for him. ])resent generation
is
The
but faintly impressed with that worship of the
Revolution which, before the war of 1812, gave a poetical characto its memories, and made it so joyful a subject for the
ter
imagination of those
who
lived to hear these fresh echoes of
its
glory.
Now,
in
1807, whilst these emotions
the sons of those the same
who had won
enemy was about
had dreamed of was about
was breathed
may
to confront them. to arrive
for a field to realize
attribute, in part, that
VOL.
1
— 18*
still
swayed the breast of
the independence of the nation,
;
its
The day
that
many
and many a secret aspiration hopes.
To this
sentiment
quick rising of the people
in
we
1807,
:
FOURTH OF JULY.
210
[1807.
Avhich, but for the timely settlement of the difficulty, would, in
a
iew months, have converted the whole country into a camp. Foremost amongst the enthusiasts of this day was William
We
Wirt. raise
very soon, absorbed
shall find liim,
He was
a legion.
be
to
at the
in a
State troops, with a chosen corps of officers and
did not doubt,
dedicated
to
scheme
to
head of four regiments of
men M'hom, he
were destined to become conspicuous posterity. For the present, we shall
in
annals
find
him
slaking his ardor in a song.
The Fourth
was to be celebrated in the neighborhood Such an occasion, of course, no one could expect to pass without a full freight of those engrossing sentiments which were peculiarly inspired by the great topic, now first in the universal mind. Judge Tucker was a poet as well as a kindred of July
of Richmond.
He
spirit.
had witnessed the Revolution
observation, and
was
still
at
an age capable of
deeply imbued with
all
its
passion.
I
find this letter
TO JUDGE TUCKER. Richmond, July
Mv Dear
How
is
your muse
?
If in
me, and enable me
gratify
2, 1807.
Sir:
song on the day, embracing the
how
mounting mood,
to gratify others,
w^ould you
on Saturday, by a
late gallant exploit
of the Leopard
!
Come, I know you can easily dash oif such a piece. It would be no more than one of the ordinary overflowings of your spirit versified and rhyme, McPherson says, is merely a mechanical business, to which, when a man has served an apprenticeship, there is no more labor of invention about it than Mr. Didgbury exer;
cises in
Our hill
making a pair of pumps. excursion, to-morrow morning, to the point of the beautiful
which overhangs the Market valley, would All the rest is mere manipulation.
fill
you with
the
conception.
If you come into mere matter of moonshine to which the Death of Montgomery, and
could learn the song on Saturday morning.
I
this idea, as
you,
I
I
suppose the metre
would propose
that in
is
the Battle of Trenton are written.
a
Lest vou should not recollect
FOURTH OF JULY.
CHAP. XV.]
you the only verse of the
these, I will give
Here
211
latter that I
remember.
it is
" Our
was
object
That dar'd
And
the Hessian band.
invade
to
fair
freedom's land
quarter in that place.
Great Washington he led us on. With ensigns streaming with renown.
Which By-the-bye,
am
I
thing
it is
the metre of "
disgrace."
The Mason's Daughter," which hear whether you will do
me have
let
heard
I
a copy of your song in honor of Washing-
but once.
it
Death of Wolfe."
It
think
I
goes to the tune of
it
which
"The
describes Liberty as taking her flight from
You
the shores of Albion, and lighting here. this,
this
yea or nay?
Will you ton?
me
Let
sure you know.
—
known
ne'er had
will
know, by
mean.
I
Very
sincerely.
Your
friend and obed't servant,
Wm. Wirt. The answer dum, endorsed
given by the Judge in the following memoran-
is
own
in his
handwriting, upon the outer page of this
letter.
"July
in I
2, 1807.
upon
letter
my
I
called on Mr.
He
his table.
pocket the
said
'
Wirt this morning, and found
this
there
had
is
a letter for you.'
lines written for the fourth
I
of this month, which
intended for him, without any previous communication between
us,
and gave them to him."
The
lines furnished
on
this
occasion breathe that spirit of bitter
remembrance of the Revolutionary war, heightened into
recent aggression upon the Chesapeake.
now
to
which
warmer exacerbation, by
still
I
have alluded,
the audacity of the
Happily, these feuds are
forgotton in the tranquillity engendered
by
that sentiment of
mutual respect and appreciation of national and individual worth,
which,
two
we
trust, will
countries.
of the nation
long distinguish the intercourse between the to, the
joy
triumph of the war of Independence, had
lost
At the date of the events above referred in the
:
PREPARATION FOR WAR.
212 nothing of
its
[1807.
sternness; whilst, on the other side, the sting of
wounded pride had
A
!
not yet been assuaged by time.*
short note to Carr explains the progress of the
Mr. Cabell was,
at this time,
Governor of the
war
The
state.
fever.
note
refers to proceedings in his Council.
"Richmond, July
2, 1807.
"Dear Carr: * in
"We
*
the antechamber,
are on tiptoe for war.
where we are waiting the
final
I
write this
resolve of the
Council, on detaching a portion of us to support our brethren at
Norfolk.
When more
composed,
I
will write to
you
at large."
Not
to open an old wound, but to preserve a memorial of the times and of the of defiance, which was universally returned from this country to its proudest and most powerful enemy, I present my reader a copy of Judge Tucker's verses, which were sung at the celebration, alluded to in the text, by a voice noted for its spirit
melody.
"Tyrant
!
again
we
hear thy hostile voice.
Again, upon our coasts, thy cannon's roar.
Again,
for peace,
Again,
we
thou leavest us no choice,
hurl defiance from our shore.
Hast thou forgot the day when Warren bled, Whilst hecatombs around were sacrificed ? Hast thou forgot thy legions captive led. Thy navies blasted by a foe despised ?
Or thinkest thou, we've forgot our brothers slain, Our aged fathers weltering in their gore Our widowed mothers on their knees, in vain, ?
Their violated daughters'
Our
friends, in prison ships
To summer's
fate deplore
?
and dungeons chained.
suns and winter's frost exposed
;
Insulted, starved, amidst disease detained, Till death the fatal scene of horrors closed
Our towns in ashes laid, our fields on fire. Our wives and children flying from the foe
!
Ourselves in battle ready to expire.
Yet struggling
Know then, And hear
this
still
day
to strike another
recalls the
blow
!
whole
our solemn and determined voice;
In vain, proud tyrant, shall thy thunders Since, once more, death or victory
's
roll.
our choice."
LETTER TO CARR.
CHAP. XV.]
The
now
prospect of war had
Wirt's imagination with
filled
His correspondence
dreams of military glory. schemes of martial
213
His views of public
life.
is
fraught with
affairs, as
commu-
some of these letters, will amuse the reader of the present day, by their exhibition of the feelings of the time, and the extravagant expectations which the ferment of the public mind then suggested. nicated
in
.
From tial
1807,
until the
event actually occurred in 1812, the mar-
temper of the country was kept
much more
likely to terminate in
in
an excitement which was
war than
Wirt
conciliation.
had, previous to this period, held the commission of a major in a
At the
militia regiment.
been put had only
The
last session
of the Legislature, he had
nomination for the post of a Brigadier General, and
in
lost the election
affair
by a few
votes.
of the Chesapeake had led him to expect military
service in the field
and he now, consequently, turned his thoughts
;
towards an effective employment
To
in
a
war which he considered
he set himself about the organization of a plan to raise the Legion to which I have already adverted. In
inevitable.
this end,
the several letters which
I
have on
this subject, I find
engrossed with the project, and pursuing
which shows how much of military glory. a
I
his
him
totally
with an earnestness
it
mind was captivated with the fancy few of these letters with a view to
select a
They
rapid sketch of this passage in his personal history.
contain details of the plan of the Legion, and an announcement of
what was expected
to be achieved,
which now,
after the
expe-
rience of the country towards the realization of these fancies of
1807, will be read with curious interest, and, perhaps, be valued for the
comment they suggest
for our instruction,
when we
find
occasion to contrast the promises of the day, with the perform-
ances of the future.
TO DABNEY CARR. Richmond, July
Mv Dear I
Friend
promised that you should hear from
length than
comply with
19, 1807.
:
when
I
wrote by Stanard.
that engagement.
me I
again, and sit
more
down now
at
to
MOVEMENTS OF THE
214
On
BRITISH.
receiving the President's proclamation officially, the British
ships in
Hampton Roads weighed anchor,
that he
had previously determined
he was the master of his
that
[1807.
the
change
to
Commodore
saying
his anchorage,
They
own movements.
and
sailed
Richard H. Lee was sent by Mathews,
out of the capes.
to
carry to Douglass despatches from Erskine and from the British Consul at Norfolk. When he approached them he was' hailed,
and asked if he did not know that main and the squadron was prohibited
all
intercourse between the
He
?
said he did
he bore important communications, which rendered
He was
he should come on board.
livered his despatches, and the
where
cabin,
it
;
but that
proper that
then admitted on deck, de-
Commodore asked him
the other British officers
into the
were immediately assem-
After they had read the despatches, they began to interro-
bled.
"Well, sir, is the mob down in Norfolk, or is it still up.?" "Has the mob assassinated the British Consul yet?" " What are we to make of this Mathews at one moment he is a Lee tried to disgeneral, at the next the chairman of a mob ?" courage this conversation, but it only provoked them to greater gate him thus;
—
rudeness.
Two two
The
of the British ships have since put out to sea.
still
other
remain off the capes.
The Executive marched from
has recalled the companies of infantry which The two troops of place and Petersburg.
this
horse from these places will remain with Mathews, for the pur-
pose of scouring the coast, and repelling any attempt to land. I was here when the companies from this place marched, and
was
Williamsburg when the company of horse marched thence It had not, indeed, all of the glorious " pride, pomp
in
to Norfolk.
— but
The companies it smacked " of war." They had an burnished. newly arms were band of animating delightfully most and a colors, elegant stand of Richmond of militia of the escort by an Accompanied music. and the company of artillery, marching in files, they traversed the main street through almost its whole length. All this would have and circumstance,"
uniformed, their
been merely a fourth of July parade face of
war was,
that every
and fourth story, was
filled
;
but what gave
window, from the ground with weeping females.
it
the tragic
to the third
Do you
think that
The
ought?
215
PLAN OF A LEGION.
CHAP XV.]
these people will do us the justice they
of this nation will not be satisfied nor with an English farce of a trial Humphreys, a complimentary return of their
exasperated
spirit
with a ministerial disavowal
and
of Berkeley
;
swords, and higher promotion.
Even
if
they were to convict and execute Berkeley or
phreys, or both,
—
my own
confess, for
I
I
Hum-
siiould
be
not giving us the second part of
very dubious whether they were
tragedy of poor Byng, so firmly
the
part, that
am
I
persuaded that
this
atrocious outrage flowed from the Cabinet.
According
to
my
notion of things,
if
the ministry disavow the
outrage, the offenders should be given up to be tried in this counI see this right disclaimed by a northern press, (perhaps a try.
The paper disI think, very improperly. because the violence was not committed within our jurisbut if it be true that the violence done to the Chesapeake,
republican one) and, claims
it
diction
;
was out of our territorial wherever she was, being a
line,
Chesapeake, herself,
yet the
was part of our territrue because it was de-
national ship,
and, this, I think, is not the less ; monstrated, perhaps by John Marshall, in the case of Jonathan
tory
it be true at all, the offenders ought to be tried in on the principles of national as well as common law. If tried here, Berkeley and Humphreys will have it in their power If to shew whether they acted by the orders of their masters.
Robbins.
If
this country,
they did, they ought to be acquitted, and their masters punished if they did not, they would themselves be certainly punished.
Neither of which events would happen, I
if tried in
country than the surrender of Berkeley and
And
England.
think nothing less ought to or will satisfy the people of this
Humphreys
as I believe that British arrogance will never
this act of justice, I believe
In this event,
importance to If so,
presume.
what
I
presume
war
to
for trial.
condescend to
be inevitable.
that our profession will be of but
little
us.
will
you do with
For my
part,
I
am
yourself.?
Not
resolved.
I
sit
idly at
shall yield
home,
back
I
my
wife to her father, pro tempore, to which the old gentleman has agreed, and
Now,
Sir
I shall :
march.
" Shut the door,"
—what follows
is
in the strictest
confidence of friendship, never to be hinted to a living soul, unless
— PLAN OF A LEGION.
216 you come
into
spirits," (a
phrase which
have agreed
The
object
for talent, spirit and
is
be formed
is
good
make
to
—who are nominated, an — These colonels nomito
be approved of by
is
good
have no
to
:
but to have, in him, a union, as perfect as pos-
;
no man
It is
proposed to make an
Thus organized,
This, there
By
is
that
appoint a brigadier general.
But there
their respective states.
The
state will do,
they have no power to is
as
colonels proposed, are
doubt that the
little
Legislature will confer that office on the colonel
commission.
— A.
who
holds the
Stuart, a
ber of the Council, who, notwithstanding his deficiency
know,
graces, has, you
as sound a
as ever did honor to humanity
—yourself and myself.
homes
will let
mail, as Stuart is
me
is
geniuses and best
first
They have done me commission.
until called into actual service
hear from you,
going on next
the
—John Clarke, the Superintendent
to insist that I shall take the first
to leave our
memin
judgment and as ardent a heart
of the Manufactory of Arms, one of the the state
to
volun-
act, the
no doubt, the Executive Council of the
so far as the commissions of colonel;
and
w'hat
which authorizes him
by
teer officers are to be commissioned
You
is
of these four regiments to the
offer
accept of the service of volunteers.
men of
It
be admitted, even
to
is
!
President, under the act of Congress
honor
officer
nor merely because his under-
;
into the ranks, unless his morals are good.
a brigade
the
all
the selection as distinguished
character as possible
to be explicitly understood, that
first
into a
of understanding, heart, good temper^ and morals.
sible,
who
sorry that Burr has polluted,)
captains, to
merely because his heart standing
am
I
are proposed to be one.
nate their majors and colonels.
There are some " choice
takes effect.
begin with four colonels,
whom you
of
it
to raise four volunteer regiments, to
We
brigade.
and
it,
[1807.
if possible,
Monday
the
are not
by the President. by the return of
to Annapolis,
willing to take the Federal City on his
We
way,
on business, to
commune
with the President. If
you accord, authorize me by
letter, to sign
your name to the
association.
Any
thing else, after this, will be
flat,
so
no more^
but, with
love to Mrs. C. and your brothers.
Adieu, your friend,
Wm. Wirt.
LETTERS TO CARR.
CHAP. XV.]
217
TO DABNEY CARR. Richmond, July
Your expected
;
he was
the last mail,
Hanover Court, on
major
28, 1807.
thing
way
his
could
I
Wash-
to
on the subject of
exchange the rank of fourth colonel for that of
in the first regiment.
read your letter to Clarke
I
was every
not, therefore, here, to consult
suffering you, to first
by
Stuart had gone to
wish. ington
favor,
he was so much enraptured with
:
your sentiments, that he swore the exchange should not take place
by I
his consent.
I,
therefore, signed your
name
to a letter
which
had written to the President, containing our joint proposal, and
despatched
it
to Stuart, at
If the President shall
there,
it
will
to leave
it
Hanover, by the mail of
be
Washington when the
at
be presented: otherwise,
I
doubts of your ability to raise
letter gets
have requested Stuart not
you appear
stating to him, that
;
last evening.
a regiment;
to entertain serious
that
you propose
Nelson, and state your willingness to accept a majority in
regiment
your sake,
that, for
:
be considered by us on his return authorize
you,
if
my
could wish that this point might
I
:
I
should
continued, to
sound
that, in the
your apprehensions
still
meantime,
Nelson, distantly and delicately, and ascertain, with certainty,
whether he would take the rank of fourth colonel without any shadow of repining
in the brigade,
at his station.
The arrangement which we have made must not be broken, I am apprehensive, that Nelson, although he might consent to
and
join,
would
entertain a secret wish that the arrangement
him a higher
position.
Now,
unity of spirit and motion, as well as
harmony,
it
is
in
had given
order to give to the brigade that
which are indispensable
necessary that every
man
only contented, but pleased with his peculiar station.
to
its
energy
should be not
One
discon-
command, would not only mar our happiness, but endanger the powerful effect which we hope and expect. If, therefore, you shall retain your apprehensions as to raising a regiment, after what I shall presently say, you can, if you please, feel N's pulse, to ascertain whether he
tented and perturbed spirit, especially in a high
would, with all his soul, come into to
him
in a
VOL.
it,
and take the station proposed
brigade, to be organized on the principles of ours. 1
— 19
— EFFORTS TO FORM THE LEGION.
218
You
will understand
;
upon the Washington before
that this sounding is predicated
supposition that the President shall have Stuart gets there
[1S07.
for if Stuart finds
left
him there, you are committed. you will be
In the event of Nelson's being taken in as colonel,
my
first
major; and,
when
you
will, of course, take the
first
regiment.
But now, as will
depend
his
subalterns.
captains, with
head of
my
the brigade,
regiment, which
is
the
the practicability of forming a regiment, that
to
less
command of
take the
I
on the personal popularity of the colonel, than of You will, for example, appoint your majors and the
approbation of your brother colonels.
In
making these appointments, you will have the range of the state;
you
will appoint
one major
state, another, in
one part of the
in
another: ditluse the appointment of captains as widely as possible, so as to increase the chances of a rapid formation of your regi-
ment; these captains
appoint their subalterns;
will
and on the
captain and his inferior officers, will depend the success of enlist-
That you,
ments.
as the colonel, are
a
man of
talents,
honor,
education, good breeding, courage and humanity, will be information
enough
Besides,
two or
to the soldiers.
sir,
as soon as
we
are commissioned,
mean
I
to
have
three hundred hand-bills struck, explanatory of the prin-
ciples on
which our brigade
in perspective as brilliantly as these will be circulated,
first
be constructed
will
my paint
;
and painting
box and brushes can do
to the colonels, through
them
it
it;
to the
majors, and through them to the captains and subalterns, to be
read at every public meeting of courts, musters, &c.
On
the efficacy of this address
— on the conduct of your majors,
captains, &c., dispersed over the state,
count for
a
regiment; more especially,
1 think you may securely when your own unsullied
and respectable name is known to key the arch. If, after all this, you doubt, and the President should be ticello,
******
and you prefer Nelson,
if
he comes
into
it
at
Mon-
con amore, he
will be excellent.
The Governor letter
has written to the President in support of our
ca ira.
Yours,
Wm. Wirt.
THE LEGION.
CHAP. XV.]
219
TO DABNEY CARR. Richmond, August
My Dear The
12, 1807.
Chevalier:
February
act of Congress, of the 24th
last,
authorizes a
tender of volunteer services to the President by companies
him
directs
;
and
to organize the companies, so tendered, into battalions,
regiments and brigades: hence
it
thought that commissions to
is
majors and colonels cannot issue, until he shall have received the
made
tender of your companies, and
the requisite organization.
Enclosed, you have commissions for the seven captains
you have named, with a circular
letter for each.
You
whom
will require
two more captains, whom you will name by the return of mail and you will, as early as possible, name the lieutenants and ensigns in each company. Upon this subject you had better take the opinion of each capthey will probably best
tain, as
recruiting
service
know
the officers qualified for the
respective
their
in
neighborhoods.
In
the
meantime, the persons so designated as lieutenants and ensigns,
can immediately
assist the captains in recruiting
;
understanding,
however, that their commissions will depend on the approbation of the Executive Council of the State.
approved, their com-
If
missions will be immediately forwarded. If either of sible, in
his
your captains decline, name another, as soon as pos-
place, and your brothers here will take care of his
commission.
Charge your captains,
particularly, to recruit no
no unprincipled gambler. only
young men,
thirty
—
(I
mean without
at all events, not
would be fortunate same neighborhood,
The men
Let them, as
if
far as
families,
drunkard and
possible, recruit
and under six and
over forty) of good size and healthy.
each company could be completed
for the convenience of exercising
it.
will understand that they will not be called
several neighborhoods and pursuits, until called out
It
in the
from their
by the Presi-
dent into actual service.
They ought things,
to understand that the
be a long one.
A
single
Canada and Nova Scotia: so
war
cannot, in the nature of
campaign
that while an
will probably give us
engagement /or
the
war
THE LEGION.
220 be more honorable,
n'ill
it
[1S07.
probably not be more opjjressive
will
than an engagement for twelve months
—(and much
I
fear that the
glory of this achievement will be given to the states immediately in the British
more
little
:
will remain, unless
open another theatre
The
— Canada Great the South —
neighborhood
in
Nova
and
Britain,
Scotia taken,
by conquest, should
this parenthesis is to you.)
:
substance of our letter to the President will be found in
the enclosed circular.
The companies
recruited, will furnish themselves with the cheap
militia uniform of the state, of w^hich
and for which,
any captain
will advise
you;
they are called out into service, they will be
if
paid by the United States.
On
the subject of recruiting
hear further from
The hour
among other
you
volunteers,
shall
us.
of Burr's
trial is
He
come.
has exhausted the panel,
and elected only four jurors, Ed. Carrington,
Hugh Mercer,
E. Parker, (the Judge's grandson) and Lambert, of
R.
this place.
Your brothers greet you,
Wm. Wirt.
We ward
have
now some
currents
as
signs of miscarriage.
well as love.
Glory has
The war seems
to
its
unto-
have been
transferred to the newspapers.
TO DABNEY CARR. Richmond, September
My Dear
1,
Sick, as
I
have been for several days, and harrassed by the
******
progress of Burr's
vor by the
affair, I
have but a minute to answer your
been deceived,
if not in the virtue, at least
in the understanding of our countrymen.
which have been made
of our association, and
they
still
fa-
last mail.
We have certainly efforts
1807.
Dabney:
misapprehend
its it,
In spite of the repeated
to explain the
motives and object
non-interference wuth militia dignities,
or affect to misapprehend
it.
We are
THE LEGION.
CHAP. XV.]
must disregard
right in principle, and
221
this
" ardor prava
jiiben-
tium.''''
Several companies in the lower country arc so; and
think the
I
Governor,
in
wave of prejudice
will,
I
up, or nearly
A
letter
of the
reply to one from a militia officer making inquiries
as to this Legion, will be published to-day,
and
filled
is retiring.
hope, give the coup
cle
by order of Council,
grace to this ignorant or vicious
opposition.
My
sickness, and professional engagements together, have pre-
me from
vented
giving to this subject, for
personal attention which
some time
past, that
wished.
I
Marshall has stepped in between Burr and death. He has pronounced an opinion that our evidence is all irrelevant. Burr not having been present at the island with the assemblage, and the act itself not amounting to levying war.
The
jury thus sent out without evidence, have this day re-
turned a verdict, in substance, of not guilty.
Your
friend,
Wm. Wirt. The
next letter looks to the conquest of Quebec.
TO DABNEY CARR. Richmond, September
My Dear
S, 1807.
Friend:
Mr. Randolph's project
swimmingly
at first.
is
Wait
period of their services
is
better calculated, than ours, to go on
till
the election of his officers, and the
fixed,
and you will discover the discor-
dia semina rerum which his plan contains.
In our plan, no source
of delusive hope and consequent disgust and disappointment exists. All
who
join us will
know, with
none but ardent and aspiring for the
war:
we
shall
have no
face will be turned towards
what they undertake because we go months soldier whose heart and
certainty,
spirits will join us,
six
home every
step that he takes towards
Canada, and whose dragging, lengthening chain will be almost too
heavy
to
be borne by him, before he gets half
VOL.
1—19*
way
to
Quebec.
MISCARRIAGE.
222
[1S07.
The blood of I begin to apprehend that there will be no war. our countrymen has been washed from the decks of the Chesapeake, and we have never learned how to bear malice. Besides, Bonaparte will drub and frighten the British into the appearance, at least, of good humor with us. I think, however, we had better urge on our brigade, till our
shall
The
to ground our arms.
Government orders us
make will be so much ground gained
progress
event of a
in the
we new
explosion.
You
will see the opinion
soon be stopped
the trial
It will trial for misdemeanor will begin to-day. Kento then a motion to commit and send on
The
for treason.
by which Marshall stopped
:
tucky, which will not be heard.
Yours,
Wm. Wirt. From
the philosophical tone of our next extract,
the Legion and
its
hopes had
fallen into
from the jealousy entertained against it This seems to have been the first event
which gave him a
we
infer that
some danger of extinction by the militia of the state. in the life
taste of the disappointments to
tious aspirations are exposed, and therefore to
of the writer,
which
have
ambi-
all
filled his
mind
with reflections which were not less natural to the occasion, than of a character to be frequently repeated in the course of his succeeding years.
TO DABNEY CARR.
******* Richmond, September
Mv Dear As
to the Legion,
and of
my
it
has given
countrymen
;
the most melancholy
me
and has,
I
a
new view
of
presages for their
difliculty will
an artful
even to their own ruin
This
we
is
a
new
villain
in
nature,
heart with
destiny.
future
ever have
human
my
confess, filled
easily misled and so easily inflamed, even against
what
14, 1807.
Friend:
So
their friends,
wielding them
?
incentive to virtue.
It is into
are, at last, to look for happiness.
It is
our
own
hearts that
the only source on
POLITICAL REFLECTIONS.
CHAP. XV.]
we
\vhich
can count with
infallible certainty.
223 These
truths, so
long preached by philosophers and divines, were never before brought home so strongly to my conviction, as by the example of this
Legion.
Thank God we !
are not without this source of happiness on the
present occasion.
But what
is
to
become of
the people
;
what is to become of the duped ?
republic, since they are thus easily to be
subjects which suggest most painful anticipations to seems that no rectitude, no patriotism of intention, can
These are nie
;
for
shield a
who
it
man even from censure and
themselves mean to do what
being so deluded, as to think
man
censure and execrate a
it
And
execration. right, are
is
still
the people
capable of
proper, and even virtuous, to
for an act, not only flowing
purest motives, but really well judged
for their benefit
from the
and happi-
ness.
How
hard
is
it
for
a republican to admit the truth, that a
patriotic and judicious action its
may, nevertheless, draw down upon
authors the disapprobation, the censure, and even the curses of
That no argument, no appeal to reason and law and Yet it is certainly can save him from the consequences
the people right,
!
!
true. It
requires
some
from experience, shell,
effort in a
to prevent
man,
who
into his
*
j>y^
^
and caring only about himself.
then, if every virtuous
would be given up
receives this conviction
him from drawing himself
man should
*
take that resolution, the theatre
to villians, solely,
and
we
should soon
all
go
to
would not be quite so palatable. So, we must do our duty and leave the issues to Heaven. If the " if we have people curse us, our own hearts will bless us And admittroubles at sea, boys, we have pleasures on shore." that has there is of government form alloys, what ting all these " a ^vet with lee-way bring up the So we worse not more and
perdition together
;
and
this
;
.''
sail," as
We
poor Frank Walker used
to say.
'
are balancing on the point of yielding the legionary scheme,
Consult Nelson, and
so far as the field officers are concerned.
me hear what you think of it. The second prosecution against Burr again arrested the evidence.
is
at
an end
;
let
Marshall has
— THE LEGION ABANDONED.
224
A
[1807.
motion will be made to commit him and his confederates, for
in Kentucky or wherever else the judge shall, from the whole evidence, believe their crimes to have been committed. There is no knowing what will become of the motion. I believe trial
it
be defeated
will
&c.
sic transit
:
In haste.
Yours
affectionately,
Wm. Wirt. The Legion has now become hopeless. It can only be revived by Great Britain as we may read in the next letter. •
—
TODABNEYCARR. Richmond, September
My Dear
have a moment, only, to acknowledge yours of the 18th
1
The abandonment lor
of the legionary scheme, ^vhich
your consideration
in
my
we were
proper that you should consider
my own
It is
it
considering
opinion that there would be
we
it, I
thought
too.
more
dignity, as well
But the majority here urge
as propriety, in our withdrawing.
with some reason, that
inst.
suggested
I
was proposed by some of our
last,
friends in the country, and while it
22, 1807.
Daenev:
who
stand committed to the captains
have accepted, and should infringe the express terms of the con-
which we ourselves proposed, by deserting them
tract It
seems
had better
be the opinion
suffer the
scheme
at this time.
under these circumstances,
depends,
be ever
I
storm
is
may be
executed.
*
*
In very great haste,
my
we
have
subsiding.
suspect, on Great Britain,
filled up.
we
to die a natural death.
Gloucester, Essex, Stafford and Fredericksburg,
flattering accounts that the It
that,
not even yet despaired but that the plan
it is
From
to
whether the Legion
will
*
dear D, I
am
yours
iit
semper,
Wm. Wirt. This in
their
is
the end of a martial dream.
thirty-fifth
year
—
an age
Wirt and Carr were both
when men may be
trusted to
CHAP. XV.l
WAR POSTPONED—THE EMBARGO.
225
make good any promise of adventure. They were both very much in earnest in the scheme. The reader will smile at the double current of war and law, which runs through these letters the affairs of the forum in the morning, of the camp in the evening.
A
two-fold engrossment very taking to the fancy of Wirt.
A
by the President, to commence on the 26th of October. It was supposed that this session would take up the question of the Chesapeake in such a spirit as would lead to a declaration of war. That expectation had already yielded to an opposite conviction, produced by a disavowal of the act of the British Commander by his Government. The prospect of settling the pending differences by negotiation became almost certain. The result was, that the war was indefinitely postponed. special session of Congress
was
Amongst other consequences of and
its
called
this event, the
projector gradually faded
away
in the
hopes of the Legion
somewhat clouded
atmosphere of a doubtful peace. Instead of
war
— the country had an Embargo.
—
CHAPTER
XVI.
1S08.
INCREASING REPUTATION MR. JEFFERSON PROPOSES TO HIM TO GO INTO CONGRESS HE DECLINES.— DETERMINES TO ADHERE TO HIS PROFESSION HE DEFENDS MR. MADISON AGAINST THE PROTEST LETTERS OF " ONE OP THE PEOPLE."— UNEXPECTEDLY PUT IN NOMINATION FOR THE LEGISLATURE—LETTER TO MRS. W. ON THIS EVENT.— HIS REPUGNANCE TO IT IS
—
—
ELECTED CORRESPONDENCE WITH MR. MONROE.—LETTERS TO CARR AND EDWARDS.
The
reputation
which Wirt acquired by
his participation in the
of Aaron Burr had a conspicuous effect upon his subsequent career. That trial had summoned to Richmond a great concourse trial
whom were many men
of spectators, amongst
of the highest dis-
tinction in the State of Virginia, and, indeed, in the Union.
The
was thronged with crowds capable of forming
the
best judgment upon the merits of the counsel, and of doing
full
court house
justice to
several
their
The
ability.
careful preparation and masterly treason, both as
known
to the
cases
were argued with
The whole
skill.
law of England and
the Constitution of the United States,
was
doctrine of
as defined in
fully discussed,
and the
leading decisions of both countries were analyzed with an acumen
which impresses the reader of the report with the highest respect for the talent enlisted in the cause.
The sions
opinions of those
made by
it
upon
all
who witnessed who read the
the
trial,
and the impres-
proceedings at a distance
from the scene, equally tended to elevate the professional standing Indeed, judgof the counsel of neither more than of Mr. Wirt. :
ing from the notoriety
which portions of
through the public press, jH'ofited as
much by
His popularity
in
it
we may
his
speech acquired
say that no one of the counsel
as he did.
Richmond
thus greatly enhanced, seems to
have suggested an attempt to bring him into public
life.
Mr.
Jef-
ferson expressed an earnest wish to him on this subject, in which
he Avas seconded by many of his
political friends.
LETTER FROM MR. JEFFERSON.
CHAP. XVI.]
The last
227
now approaching
following letter from the President,
Mr. Wirt's qualifications for
political service.
Washington, January
Dear Sir
10, 1808.
:
*
* I
the
year of his second term, shows the high estimate he made of
*
#
*
*
*
suspected, from your desire to go into the army, that you dis-
liked your profession, notwithstanding that your prospects in
were
none in the state. Still, I knew open to stronger antipathies than that of the law.
inferior to
sion is
object of this letter, then,
That
gress.
is
is
to
With your
The
propose to you to come into Contheatre of this nation, and
commanding
the great
man
the threshold to whatever department of office a to enter.
is
qualified
reputation, talents and correct views, used at the
with the necessary prudence, you will, at once, be placed
House of Representatives; and
head of the republican body
in the
after obtaining the standing
which a
you may look,
at
it
that no profes-
your own
little
time will ensure you,
will, into the military, the judiciary,
diplomatic or other civil departments, with a certainty of being in either
may
whatever you please; and,
the present state of
in
be called the eminent talents of our country, you
assured of being engaged, through
ployments.
If
you come
life, in
what
may be
the most honorable
in at the next election,
you
em-
will begin
your course with a new administration.
By tion
supporting them, you will lay for yourself a broad founda-
in the public confidence, and, indeed,
you
will
become
Colossus of the republican government of your country. not say that public life
is
the line for
making a fortune
;
but
the
I
will
it
fur-
nishes a decent and honorable support, and places one's children
on good grounds for public favor.
petition.
Had
General
have been denied to them Perhaps, cation.
It
(the idol of
I
The
family of a beloved father
on the most favorable grounds of com-
will stand with the public
Washington
left
children,
ought to apologize for the frankness of
proceeds from an ardent zeal to see
my
desire to see
what would
?
soul) continue in
this
this
communi-
government
good hands, and from a sincere
you whatever you wish
to be.
To
this
apology
I
a
WIRT'S ANSWER.
228
my
only add
shall
[1808.
friendly salutations and assurances of sincere
esteem and respect.
Th. Jefferson. This very
flattering invitation
guished as the writer of
have been
this time, to itself,
to
fully
distin-
a career which we may suppose, open to Mr. Wirt, and which, to
regarded as sufficiently attractive
usually
is
it,
from one so eminently
at in
men of
was promptly answered by him to whom it was addressed, in a tone of so much prudence and with such deliberate estimate of the duties he owed to himself and his family, as to present an
talents,
in the invitation so
Wirt was now time of
seldom witnessed
self-denial but
example of have found
when
life
in
many
in
one
who
persuasives to accept
the very meridian of vigorous
the ardor of youthful ambition
is
might
it.
manhood,
—
not only una-
more confident by the conscious strength of expe-
bated, but even
rience and knowledge of the world.
TO THOMAS JEFFERSON. Richmond, January
Dear I
Sir
14, 1808.
:
fear
you have forgotten
my
disposition, since
you seem
to
It think your favor of the 10th might require an apology. me obliging and grateful beyond expression. I cannot better deis
to
by answering your proposition in the it was made. My desire to go into the army proceeded from no dislike of my It arose from the impulse which electrified the contiprofession.
serve your good opinion than
same
spirit
of frankness in which
In acting under
nent.
it,
I
overlooked domestic inconveniences
calmer proposal of going into Congress, present I have a wife and children themselves with irresistible force. They subsist on the running profits of entirely unprovided for.
which,
my
in
this
The
practice.
instant this ceases they
be thrown on the charity of the effect of
many
my
their relations.
going into the army.
must either starve, or This also would be
But a state of war demands
which can never be necessary in a time of peace. I supposed could not last more than two or three
sacrifices
The war,
too,
campaigns— at
least
upon land;
after
which
I
might return to
my
REFUSES PUBLIC LIFE.
CHAP. XVI.]
practice.
Whereas
In entering
it,
my
the political career fixes
although
229 destiny for
life.
should have the good fortune to reap
I
all
the high honors and advantages
which your obliging good opinion age will come upon me, and find my wife
has suggested, yet old
and children as destitute of provision as they are now. I think it duty to endeavor to guard against this, and, as soon as I can,
my
them
to place
in a situation in
which
my
death would not beggar
them. It is
then that
I
might enter, with advantage, on public
should be better informed and better fortune might save
which
I
me from
known
;
life.
I
and independence of
those cruel and diabolical insinuations
have sometimes seen
in the
debates of Congress and in
the public prints.
The
situation of
our amiable and beloved countryman Avho has from a foreign mission, to meet the most perplexing embarrassments, of a private nature, at home, is an awful lesson on the subject of devoting one's self to his country before he shall
just returned
have secured an independent retreat for old age: nothing, indeed, can be more endearing than that devotion.
I
that
a course on
life
than that to to
were my fortune other than it is, there is not in which I would enter with more spirit and ardor which you invite me. The government is most dear
may add
my
affections.
Its practicability, its
protection, prosperity and happiness
And
demonstrated. lightened
man
to
after
whom we
energy,
which
it
its
your retirement, the
this, I
am
— the now
pure and
en-
look, as your successor, will, in
my
opinion, have no equal on the theatre of public
withstanding
dignity
ensures, are
Yet not-
life.
sure that you will approve
my
motive
in
adhering to the practice of the law. I
am
dear
sir,
most respectfully.
Your obedient
serv't,
Wm. Wirt. Refusing
in this firm
which was made
and respectful manner the alluring offer
to him, Wirt, nevertheless,
was
far
from being
an unconcerned or inactive spectator of the public events. time had
now
arrived
when Mr.
the Presidency, and the nation
voL.
1—20
Jefferson
was about
was deeply
to retire
The from
interested in the pur-
ONE OF THE PEOPLE.
230 pose
of nominating his
The
successor.
[1808.
democratic
parly, of
which Mr. Jetlerson was the head, had generally directed their attention to the secretary of state, Mr. Madison, as the man most worthy of tlie eminent trust which was about to be vacated. There were, however, some dissentients in that party, opposed to this nomination. At the head of these was John Randolph, of Roanoke. Certain members of Congress, of whom Mr. Randolph was one, had published a paper which purported to be " A Protest" against the proceedings of a caucus, then recently held
the majority of the republican
Washington,
members of
two houses
the
by at
which Mr. Madison had been nominated as the
in
This Protest came from a fragment of the republican itself, and threatened a distinctive division, which might
candidate. j)arty
overthrow of the friends of the existing admin-
finally lead to the
Mr. Madison was the principal object of
istration.
and he was arraigned before the public
The
in
their attack,
terms of great severity.
principal charges brought against liim, w^ere found
his report
affirmed,
—"a
shameful bargain with the unprincipled speculators
Yazoo companies;"
of the
tirst, in
upon the Yazoo claims, "recommending," as the Protest
—
— second,
"want of
an alleged
in
en-
ergy" of character; and lastly, in his participation in the authorship of " The Federalist," with Jay and Hamilton,
Such a paper, put
was looked upon by the This party had The retirement of Mr. Jcft'erson
forth at this time,
great body of the republicans with deep concern.
now been
in
power
presented the
macy of were
in
first
the party
eight years.
occasion for a struggle to re-assert the supre-
which he had overthrown.
Powerful enemies were fully
The
public afiairs
a most critical position, hovering between peace and war.
combined
were strong
at
home
in the
be defeated,
in
in
arms abroad.
advocacy of the party
their
Great
against the administration. in
hope of maintaining
talent
was
skill-
But the people
power, and could only it,
by such untoward
events as this division of their leaders seemed likely to encourage
and direct.
Wirt took up
defence of the decision of the caucus, and addressed three letters " to the ProIn this state of things,
medium of were signed " One of
testors," through
These
letters
the
the
his
pen
in
Enquirer, at
the People."
Richmond.
As they convey
a favorable impression of the author's talents for political contro-
EXTRACTS.
CHAP. XVI.]
versy
;
and as they refer to some interesting facts of public
tory, as well as to a
231
some questions of
political
his-
conduct; and present
most spirited and appropriate defence of one of the ablest and American statesmen, the reader, it is presumed, will find
best of
be gratified with the perusal of
sufficient interest in the topics, to
the following extracts.
These letters are addressed to Joseph Clay, Abraham Trigg, John Russell, Josiah Masters, George Clinton, Jr., Gurdon S. Mumford, John Thompson, Peter Swart, Edwin Gray, W. Hoge, Samuel Smith, Daniel Montgomery, John Harris, Samuel Maclay, David R. Williams, James M. Garnett and John Randolph. " One of the people of the United States, to whom you have lately addressed yourselves through the medium of the press, returns you his acknowledgements through the same channel, and as one of your constituents, he expects to be heard by you in his turn. An appeal to the nation, by their representatives in Congress, and that under so solemn a
commands
attention and
form as a protest, strikes the
The
respect.
parliamentary protest in
England, has generally been the act of a patriotic minority,
resist-
ing in behalf of the people, the corrupt policy and bold encroach-
We
ments of the minister. feel in those protests
have been accustomed to see and to
the genuine flame of the patriot, the unity
and simplicity of truth, the energy of argument, crowned with the light, the
ciation of ideas, on
which
your protest with similar country
From
order and dignity of eloquence.
ive
a natural asso-
you, no doubt, calculated, feelings.
It
is
we
received
true, indeed, that in this
have perceived nothing either of ministerial oppression
or corruption, during the course of our present administration.
The country
has appeared to us to flourish in halcyon peace.
stead of oppression,
we
have
felt
we have seen only which become a republic. But
of corruption,
when we
find a
our burdens lightened that political purity in
spite of seeing
been oppression or corruption,
band of honest and independent patriots and proclaim to the nation. full
and chastity and feeling,
We
is
we
at first
unknown to or both, which this
apprehend that our senses have been deceived
beating
In-
instead
congressional protest published to the world, and
supported by dissentients so respectable, in number,
us, there has
;
;
now
that,
about to expose
take up your protest with hearts
of expectation and anticipated gratitude.
But what
is
— ONE OF THE PEOPLE.
232
[180S.
our disappointment, what our regret, what our disgust, when, instead
a protest breathing the elevated spirit of conscious truth
of"
and virtue,
them
weak and
respect rity
inconsistent in
Is
?
it
excite
it
composition. to our
?
with caution
;
The wise and for they know
and they would confine
only the
in its
recommend yourselves
to
jealous resentment of a republic,
punishment of
and prevaricating
shuffling
thus that you respect the understandings and integ-
her honor and safety.
sion,
—
and crippled
you seek
that
of your countrymen
"The
charges
its
—poor, entangled
by these means
it
wrongs which we have sufiered, and proving by an electioneering squib
find ourselves insulted
argument
in its Is
telling us of"
we
too,
guilt,
weak and
to
it
is
the sacred guardian of
the virtuous approach and that
its
it
is
a dangerous pas-
appropriate function, the
and the preservation of the republic.
the wicked,
who
seek to rouse
this lion
It is
passion
on every occasion the weak, because they know not what they do; and the wicked, because tliey know it too well; because they ;
which anarchy cannot make worse, is some man of pre-
are, perhaps, in a situation
and
may make
eminent merit
better;
who
or because there
stands in the
too firmly fixed to be
way
of their designs, and
removed by any other means than
storm; or because they
who
is
a popular
themselves so perfectly eclipsed
in
the plain road of virtuous and honest policy, that they find
it
feel
necessary to
fly off into
public eye;
or because they had rather be regarded as baleful
an eccentric track,
in
order to catch the
meteors, shaking pestilence and plague upon the earth, than as salutary planets of inferior magnitude and splendor, dispensing ligiit
and maintaining the harmony of the system; or because they
been baulked in some favorite appointment, and writhing under the united pangs of disappointed ambition and rancorous
liave
revenge, or panting for the guilty glory of heading a bold and turbulent faction, they w^ould involve a republic in confusion and
be gratified and distinguished. These are which the people of the United States understand; and
ruin, rather than not to
truths
understanding which, they will scan with a critical and suspicious
eye every attempt which ment.
is
made
to inflame the national resent-
Before they suffer themselves to be inflamed, they will
examine well the causes which are assigned for sufl'er their
it.
Before they
confidence to be withdrawn from a tried, a faithful and
THE CAUCUS.
CHAP. XVI.]
233
a favorite servant, they will analyze with calmness and patience
They will do more which are made against him. into the characscrutiny jealous they will look with an eye of whether there will see They ters and motives of his accusers. the charges
whom
be no one anions: them to
would be personally convenient or ment or whose envy ters, to
it
would soothe
;
;
no one w^hose resent-
no clan of subaltern charac-
would administer
it
the denunciations to
its
source
;
They
delight.
and see whether
it
be the intrigue of a cabal, to put out of the
it
too honest and virtuous for their purposes.
is
gentlemen,
it
is
Occupying the
station
otherwise of you.
we have
be presumed that you can defy
to
To
will trace
be
which you do,
it
it
for the
'
a
;
or
man
to you,
this scrutiny.
would be horrible
turn against us the
given you, to use
way As
and
fair
and single eye to the public good
patriotic, w^ith a sincere
who
grateful
private and personal attachment to a restless and
whose
ambitious chieftain,
whether
the removal of that favorite
vantage ground
to think '
which
purpose of embroiling us with
one another, of ruining our peace, and overwhelming the republic with
discord, in order that you might rise, like the spirits of
civil
the storm, to the sovereign direction,
would be an abuse of
our
confi-
*******
dence, a pitch of ingratitude and perfidy, of which infant republic has, as yet,
" You arraign the
late
trust that
no examples.
caucus
Washington
at
the very
same
but have not you
;
among you, been
yourselves, or at least the most distinguished
members of caucuses on members of a caucus for
we
occasion.''
Were you
not
this very purpose in the presidential elec-
You cannot deny it; you dare not deny it. When was found that there was an equal division in the electoral votes between Mr. Jefferson and A. Burr, were you not frequently, nay almost perpetually in caucus for the purpose of devising means to tion of 1800.' it
ensure the ultimate election of him
of the people tial
election
?
Were you
whom
not, again, in
you believed the choice caucus for the presiden-
which took place in the year 1805 You do not deny them.
.'
of public notoriety.
These are facts Nay, you admit
your consciences which you were plung'These meetings,' ing, and you attempt to excuse yourselves. you say, if not justified, were palliated by the necessity of the
that caucuses
'
have heretofore been cuslomarij
admonished you of the inconsistencies
'
VOL.
1—20*
into
:'
ONE OF THE PEOPLE.
234 Union or
No
:'
wrong
in the
sliufiling
principle
in
;
if
[1S08.
A
ranks, gentlemen.
wrong, nothing can make
caucus
is
right If the
right.
it
caucus of 1808 was 'in direct hostility with the principles of the
was
power not delegated which you were members, were equally in direct hostility with the Constitution ;' were equally 'gross assumptions of power not delegated by the people ;' for the Constitution
by the
;'
j^eople
if it ;'
a 'gross assumption of
the caucuses of
'
Constitution has undergone no change in this respect.
more caucussing power of your
own mouth,
in
then,
1800-4, than
it
you are condemned
It
gave no
Out
gives in 1808. :
'wherein ye judge
******* condemn yourselves;
others, ye
for ye that judge,
do the same
thinars.'
" Again late
You accuse
:
caucus
at
on the presidential
Now,
names.'
the
members of Congress who formed
Washington of attempting election
pray, what
— by
was
your indecent and unfounded
Was
that intended to
the
to
produce
sanction
'
of congressional
the object of your protest
invective against
produce no
'
bias
the
an undue bias
— of
Mr. Madison
?
on the presidential elec-
by the sanction of congressional in which you have involved yourselves inconsistencies which prove the pure and noble policy by which you are actuated, and which, rely upon it, will not be shortly forgotten by your country. •' But what is all this clamor and uproar about caucuses, and and to produce
tion,'
names
it,
too,
'
Blush at the inconsistences
?'
—
which, country
all
at
once, have
The
!
become
so fraught with danger to the
people of the United States see nothing in
cus but a conference
among
the
members of Congress
the favorite of a majority of the people. is
The
a cau-
to ascertain
presidential election
a prevailing topic of conversation in every quarter of the Union,
for a considerable time before
it
takes place.
the several candidates are every cussed.
The members
The
pretensions of
where publicly and
freely
dis-
of Congress, then, will have learnt the
sentiments of their respective constituents, before they leave home.
The
object of a caucus
is
understood to be nothing more nor
less
than to bring those sentiments together, and, by comparing them, to ascertain
odds does
who it
What
has the preponderance of popular favor.
make how
this
conference
is
called
;
whether by an
anonymous card or one signed by the name of Mr. Bradley
?
The
THE CAUCUS.
CHAP. XVI]
essential object is the conference;
the people care very to
As
it.
and so that one be
We
fairly obtained,
about the forms and ceremonies which led
little
to the assertion that the notice
evidence.
235
have seen a very
dift'erent
was
private,
we
require
statement of this fact
name of Mr. Bradley, and a counter-card name of Mr. Somebody-else. And as to you, gentlemen, we presume tliat it would have made very little difference whether the notice was public or private since your new-born religion
a card jmblished in the in
the
on
this subject,
to
have attended, although the notice had come
;
you would have been too scrupulous or too to
you
stately
in the
form
*******
of a suhpccna ad teslificandum, and, that, on the solemn call of your country.
" You seem
to think that a congressional
of forcing on the people
by bribes
caucus has the power
whomsoever they please
as President
one shape and another, a caucus composed of members of Congress, might be induced to place any candidate in
that
in
nomination, and that such nomination would bind the people like a
magic
spell
;
you do,
from
that
Do
peal or escape.
we are sorry know but
pose, and
Waiving,
it they would have no possibility of apyou really believe all this, gentlemen ? If
for you. little
You have
lived to very
little
pur-
of the independence of the American
remark on the corruptihoped you do not speak experimentally let me ask you this question; do you suppose that, if one of you (and let it be the most prominent cliaracler among you) could have prevailed on the last caucus to put him in nomicharacter.
bility
at
present, your
of Congress, and of which
it is
—
—
nation, the people
him President
.'^
would have had no choice but
It
is
impossible
to
read
to
have made
the question, without
smiling at the supposition of an answer in the affirmative.
The And why would stamp who are willing to
nomination would have been lauglied to scorn.
Because there are men of another
it?
serve us: men,
men,
who
whom we
sat at the
war; men,
have tried for upwards of thirty years; helm through the storms of our revolutionary
whom we
have ever found
faithful
and vigilant; men,
as profound in policy, as they are upright in their views
;
men,
who have
;
men,
whom you are but men whom our fathers have
compared the
never had an object but their country's good to
as
boys of yesterday.
gone down
These are
to their graves, bless-
:
ONE OF THE PEOPLE.
236
whom we
ing; and
[1908.
desert, because of your
certainly shall not
petulance and importunity."
The tility
was "
protestors had adirmed that a caucus
with the principles of the Constitution"
— " we do not say
this declaration
crisis
be proper"
— and
— they
be recommended
to
some extraor-
not, in
Mr. Jefferson,
said in touching
upon
— " The
was necessary
to exert the
To
whole republican party."
combined
"One
this point,
a
or to prevent them
all,
from placing the candidate for the Vice-Presidency it
fed-
—"presented
this election,
strong phalanx, and either to succeed at
dential chair,
to
amongst the
as an instance of such a crisis they
liad referred to the first election of
eralists"
in direct hos-
had added
that a consultation
members of Congress respecting the persons for the two highest offices in the Union, may dinary
— but
in the presi-
efforts
of the
of the People"
asks
" But
why
are you not in caucus, gentlemen
.''
for the very crisis
has arrived, which, according to your principles, would render
There
proper.
a party which
is
is
ever the federal party was, and which fervently
wish, to annihilate.
head of which for
you
to
this.
for the evidence of
gress.
From
administration,
believe you wish, most
the republican party, at the
it
the present administration.
is
deny
It
we
It is
it
:
it
not in in
is
it
obnoxious to you as
just as
will be in vain
It
your Protest only that
your conduct on the
we
floor of
look
Con-
an occasional difference with the measures of the
we
should not have drawn this conclusion, because
such a result might have been expected from the different struc-
But when
tures and habits of ditferent minds.
we
find
you orga-
nized into a corps against the administration, and pursuing your opposition with
as
much
system^ injlexibilily,
and,
I
will
add,
rancor^ as you manifested towards the federal administrations,
we
can have no doubt that you wish their annihilation as devoutly as ever vou wished that of the federalists. only,
it is
effulgence
Yes,
it is
the administration which offends you.
which produces
the birds of night.
They
the dimness of their
all
this agitation
It is
Madison
their united
and screaming among
long for the day-fall, which better
sight
;
for the season of darkness,
the peculiar conformation of their organs
and satiety."
»
suits
when
may give them an admay have full scope
vantage, and their fierce and predatory spirit for indulgence
not Mr.
THE CAUCUS.
CHAP. XVI.]
237
After some cogent arguments in favor of the caucus principle, the author proceeds
" That conference states.
shows
It
to
a
is
one
medium of communication between
state tlie opinions
Those who, on
United States the result of the whole. themselves
parison, find
friends of reptiblicajiism, of
harmony and of
Union^ will sac-
the
those great public objects
rifice their private predilection to
by reciprocal concessions, feuds between the
thus,
com-
the
be the genuine
minority, if they
the
in
the
of another, and to the
;
states will
and be
prevented, congressional intrigue will be avoided, and these elec-
where the Constitution intended them to Such will always be the
tions will continue to fall,
on the people, by their electors.
fall,
result while patriotic.
that a country
who, instead of thus
minority,
would
the people continue fraternal, united, virtuous and
— Or say
sacrifice
cursed with a congressional the public good,
to
every earthly and every heavenly consideration to
the views of their
more occasion
is
sacrificing
own
ambition
inordinate
for concert
;
then, there
is
and good understanding among the
tuous and pacific majority.
So
that
peace or trouble, the conference
is
whether
the vir-
times of internal
in
constitutional, harmless and
advantageous.
" When was it When (to say the
ever more so, than on the present occasion
men, aspiring
to
Warwick,
be the
to
.''
of them) a parcel of hot-brained young
least
resemble Shakspeare's character of the earl of builders
'
up and pullers down of Presi-
dents,' confederate themselves together to traduce
and ruin one of
the most virtuous and able public servants that ever blessed a free nation
such
?
men
And as
did you suppose that
you
are, to
it
would be
in the
power of
shake the gratitude and attachment of the
What could you have what could you have thought of yourselves ? Of Mr. Madison, we had supposed it might have been truly said, as
people to such a thought of us
Dr. Johnson
he
is
man
as
Mr. Madison
.''
?
is
reported to have said of Sir Joshua Reynolds, that
one of those men with whom,
he would be the most
at
a loss
how
ment, Dr. Johnson went upon the
if a
person were to quarrel,
to abuse.
But
in this senti-
supposition, that
the
abuse
should proceed upon facts, or at least, have some small degree of
resemblance to them.
The powers
of invention and of distortion,
ONE OF THE PEOPLE.
23S
[1803.
which you have displayed, were altogether beyond
his
cal-
culation."
The objection of "want of energy" is then taken up. Protest had inveighed against Mr. Madison in this language " ask for energy, and we are told of his moderation.
The :
We
We
ask for
talents,
what were
and the reply
is,
unassuming merit.
his
We
ask
we
are
and
his services in the cause of public liberty,
directed to the pages of the Federalist, written in conjunction with
Alexander Hamilton and John Jay,
in
which the most extravagant
maintained and propagated.
of their doctrines are
consistency as a republican standing forth to
We
ask for
stem the torrent of
oppression which threatened to overwhelm the liberties of the country we ask for that high and honorable sense of duty which :
at all times, turn
would,
with loathing and abhorrence from any
We
compromise with fraud and speculation.
The
reply to this
is
spirited, caustic
strong example of the author's
" This
is
ask
in vain."
and personal, presenting a
power of sarcasm.
just such pretty little sing-song composition, as school
boys, with senses half awake, dream over for their
tirst
thesis.
And who are you that hold this language concerning Mr. Madison ? As to the most prominent among you, we ask for your energy, and
we
are told of your arrogance
reply
;
we
ask for your
your sarcasms and your petulance
is
;
talents,
and the
we ask what are your we are directed to
services in the cause of public liberty, and
your co-operation with the British cabinet and the British author of
War
merce told of
ment
;
in Disguise, to justify the piratical plunder of our com-
we
ask for your consistency as republicans, and we are of your former attach-
what you were and what you are
—
to the pure principles of the administration,
and your present
We
ask for that high
delirious and frantic invectives against them.
and honorable sense of duty, which trampling, with disdain, on
all
selfish considerations of private pique and personal aggrandize-
ment, looks only to the public good.
We
ask for the mind which
pursues that great object with calmness and discretion instead
of fuming and fretting itself upon
a partial
;
which
view of a
measure, takes the time to look comprehensively, patiently and calmly to all its consequences, in all its bearings; to allow to
every consideration
its
to its decision, in a state
due weight, and then, instead of rushing of feverish passion, takes its ground with
THE YAZOO SPECULATION.
CHAP. XVI.]
which
that dignity
239
from a conscious mastery of the sub-
results
—
—
We ask for those from mingled temperance and firmness. ject we ask who are you, rest of the As to vain. things ; we ask in you
how
we
and
?
are told
— you
We
members of Congress.
are
PROTEST
your
!— And
you are the
giving your names to the world you can destroy Mr. Madison
was, indeed, high time for you to have received
No, gentlemen,
admonition. characters
who
believe
are fitted to
sway
ask
—
we are pointed men who expect, that
you have distinguished yourselves.' and
to
by It
!
salutary
this
you are not the kind of
it,
the destinies of this nation.
Macedonia's madman or the Swede.' Nor are the people of the United States an Athenian mob, on whom you can play off your intrigues with success. You will not speedily gain with us the name of patriots by means of
We
would
as soon
commit them
your rashness and vociferation fictitious
to
'
nor will you prevail upon us, by
;
bosom another
charges, to banish from our
Aristides.
You
forget that
the example of Athens before us.
after
such an
could repeat her
we have example, we
demagogue
banish our patriots, and applaud and flatter the fiery until
we
raised him into a despot
the vain and finally
The
If,
and her crimes
follies
— we should deserve the remorse,
unavailing remorse, the ruin and the infamy which
overtook her." following brief history of the celebrated
without interest
Yazoo case
is
not
:
" But, what do you mean by raising
Madison about the abominable Yazoo
this
uproar against Mr.
business
.?
We
know
that
and you he is as perfectly clear of that you We see We understand you, gentlemen. know it too. was business You know that this Yazoo through all vour mazes. universally odious you know how highly and universally our indignation was excited. You believe that indignation so blind that you can lead it as you list, and so furious that you can cause it to sweep into indiscriminate ruin all against whom it is your transaction as you are
;
;
pleasure to direct
it.
You
are mistaken, gentlemen.
so blind as you suppose us. as
you expect,
to
make
us,
Nor
will
you
nately for 30U,
we know
it
We
are not
so easy a matter
by misrepresentations, the
tools of
own
Unfortu-
your designs and the instruments of our
to
find
disgrace.
the course of that whole affair too well
be imposed upon by you.
We
will
shew you
that
we
do.
ONE OF THE PEOPLE.
240 "
When
that country
[1808.
which had been the scene and the subject
of the Yazoo speculation, was ceded by the State of Georgia to tlie
United States,
passed, with
it
which previously existed upon sources:
various
From
1st.
the incumbrances and claims
all
These were derived from
it.
the British government while the
2d. From the Spanish crown West Florida 3d. From occupancy and after 4th. From the State of Georgia. and Petitions, settlement only memorials and remonstrances swarmed before Congress, and, among others, those of the Yazoo speculators. It became important to the United States to ascertain how many of those how claims were well founded and deserved to be confirmed many were fictitious and deserved to be rejected. By an act of
country belonged to the British
:
conquest of
its
:
;
;
Congress, passed
who had of
in
1800, the commissioners of the United States
been previously appointed to
Georgia, were authorized,
which are or whatsoever
with the State
settlers,
any part of the lands aforesaid.'
2d.
'
together with their opinion thereon, before Congress.'
receive
Mr. Madi-
Mr. Lincoln, the then attorney general of the United
treasury, and
were
the commissioners appointed to perform those labori-
They
ous duties.
concurred
Yazoo
To
secretary of state, Mr. Gallatin, the secretary of the
son, the
States,
claims
or any other persons
settlers
To
'
be made by
shall
settle limits
'to enquire into the
and claimants any j)^opositions of compromise.'' lay a full statement of the claims and propositions,
from such 3d.
to
1st.
in
discharged them with ability
upon
the report
claims, so
feature of that
far
are
this
subject.
they from
;
and
all
three
In explaining the
suppressing one
hideous transaction, that they open up
single all
the
sources of corruption in which the Georgia law originated, point out the names of the corrupted members, and arrange and exhibit the proofs of that corruption.
In short, they exhibit the whole
of that evidence which was afterwards the theme of so
Never was luminously, more
eloquent declamation in Congress.
infamous
corruption
more
much
there a case of ably,
and
more
cogently developed and displayed, than that of the Yazoo, tiieir
report.
They were
directed, however, by the
in
law under
which they were acting, to receive any proposals of compromise which might be made by the Yazoo claimants, and to report such proposals to Congress, together with their opinion thereon.
They
THE YAZOO SPECULATION.
CHAP. XVI.]
according^ly receive and report
were
the
Yazoo
241
proposals, and give
At the same time they think that there were features in this transaction which deserved their consideration and that of Congress. For instance, a great number of virtuous and innocent men at a distance from the scene their opinion that they
who knew
of action, and
inadmissible.
nothing of the corruption
law of Georgia originated, had been induced chasers of only
fair,
entitled,
'
Yazoo
For
an
act
itself
on the face
in which the become purof it was not
was an act supplementary to an act appropriating a part of the unlocatcd territory of
but popular.
this state to the
The law
lands.
to
it
payment of the late state troops.'' The Assembly of body having full power on the subject,
the State of Georgia, a
On
pledge the faith of the slate for the validity of the grant. faith
the
of this pledge, distant men, as virtuous as any in the United
knowing nothing of this case except the fair face of were induced to take titles under it. The names of some
States, and
the law,
of these men, well it
competent
parties, to
known
in Virginia,
to the State of
appear
Was
in the report.
Georgia, one only of the contracting
revoke the law, and that to the prejudice of these
innocent purchasers
?
These were
difficulties
which the commis-
The
sioners had to consider and to report their opinion upon.
United
had now taken the place of Georgia
States
acquired by cession a vast
territory
;
;
had
it
and besides doing
strict
it was bound to do what was equitable to others. There was another view of the subject highly interesting to the government. It was bound in its decision to consult its oicn dignity in the mode of adjusting these disputes, and its own interest in
justice to itself,
removing
own
all
the sources of litigation and quieting the titles of
future grantees in this territory.
its
Considering these circum-
stances, the real hardship of the case to the innocent purchasers
and the rich acquisition which the United States had gained territory, the
most
liberal
three commissioners concurred in thinking
and sound policy to put an end to
all
in
the
it
the
disputes,
by
giving those claimants a reasonable compensation for their disap-
pointment and losses.
We
close
these
This
is
the
extracts with
whole case." the eloquent defence of Mr.
Madison, whicii seems to have been prompted no appreciation of his public service than by a
warm
for the distinguished subject of these remarks. ,
VOL.
1—21
less
by the
just
personal regard
ONE OF THE PEOPLE.
242 " You object
shews
to
Mr. Madison,
the
[1803.
want of energy.
company which you have been keeping.
tlie
The It
objection
proves that
confederacy with your former political adversaries, which has been
—
we now find, so justly charged upon you. It is the mere echo of the old federal reproach against Mr. Jeflerson, caught by you, to be reverberated against his expected successor. The leant of energy? How has Mr. Madison shewn it? Was it so often, and,
in standing
abreast with the van of our revolutionary patriots, and
braving the horrors of a seven years' war, for liberty
were shuddering
your mothers' breasts
terror, to
our Independence,
Was
.''
being among the
in
— while you
sound of the storm and clinging closer with
at the
on the Declaration of
it,
and most effective
first
which so poorly con-
agents, in casting aside the feeble threads
nected the states together, and in lieu of them, subsliluting that energetic bond of union, the Federal Constitution.''
manner
which he advocated the adoption of
in
which he met on
the courage and firmness with
hand
nature, Patrick
Henry
Where was
?
which you are pleased
spirit
in the
gether;
this timid
to ascribe to
and apprehensive
Mr. Madison, when he to-
— when he saw that Henry, whose soul had so undauntedly back from
led the revolution, shrinking
the energy of this
new and
a prophet's fire, the
his bold experiment,
untried Constitution
the magic of his eloquence exerted to
with
in
this topic, fought,
under the sound of Henry's voice for days and weeks
sat
in
it
vanquished that boasted prodigy of
hand, and finally
to
Was
this substitute;
its
;
from
— when he heard
highest pitch, in painting
oppressions which would tlow from
it;
harrowing up the soul with anticipated horrors, and enlisting
even the thunders of Heaven
Hying
How
in his cause.''
hat the leeble and efieminate spirit of
did
James Madison,
happen
it
instead of
confusion and dismay, before this awful and tremendous
in
combination, sat serene and unmoved upon
its
throne; that with a
penetration so vigorous and so clear, he dissipated these phantoms
of liancy in
;
rallied
back the courage of the House
the State of Virginia, in
to the charge, and,
which Patrick Henry was almost throwing that Henry
adored as
infallible,
succeeded
minority?
Is this the
proof of his want of energy?
find
it
in the
manner
in
the Federal Constitution
even
in a
in
which he watched the ;
in the
first
Or
into
will
a
you
movements of
boldness with which he resisted,
Washington, wliat he deemed infractions of
its
spirit;
in
MR. MADISON.
CHAP. XVI]
213
the independence, ability and vigor with which, in spite of declining
he maintained
Iiealth, in a
Turn
minority.
ments
You
:
nority
is
this
to the debates of
Yes
.-*
He was then
.-'
Congress and read
his argu-
how the business of a virtuous and able miDo you discover in them any evidence of want
will see
conducted.
of energy
condict during eight years
—
if
Baying rude things,
energy consist, as you seem
—
in
bravado and bluster,
—
to think
it
does, in
pouring a
in
muddy
torrent of coarse invective, as destitute of argument, as unwarranted
by provocation, you will But
his speeches.
if
find great
evidence of want of energy
true energy be evinced, as
we
think
it is,
in
by
the calm and dignilied, yet steady, zealous and persevering pursuit
of an object, his whole conduct during that period
marked with energy. and durable basis
And
that energy rested
is
honorably
on the most
solid
— conscious rectitude; supported by the most pro-
found and extensive information, by an habitual power of investi-
which unravelled with
gation
intuitive certainty, the
most intricate
an eloquence, chaste, luminous and cogent, which
subjects, and
respect, while it forced conviction. We have compared some of your highest and most vaunted displays, with the speeches What a conof Mr. Madison, during his services in Congress. trast It is the noisy and short-lived babbling of a brook after a Yet, rain, compared with the majestic course of the Potomac.
won
!
you have the vanity and hardihood talents
heart
who
:
gence
be of
talents that can
no talents beyond those of the merciless
dexterously strikes a
But what an idea
!
stitutional irritability
sion
ask for the proof of his
You, who have as yet shown no
!
service to your country Indian,
to
is
— you
tomahawk
into the defenceless
yours of energy indulge
it,
and
You
.''
you
call
feel a
con-
that indul-
—
Sudden fits of spleen transient starts of pasparoxysms of fury, the more slow and secret work-
energy.
— wild
— cruel taunts and sarcasms — the — the crude abortions of short-sighted your ravings of a hectic fever—
envy and resentment
ings of
dreams of disordered fancy theory
—the delirium and
notion of energy
ergy as
this!
If
!
Mr. Madison, the people of But
denial. fies
him
rights,
to
we
if
this is
Heaven preserve our country from such enthis be the kind of energy which you deny to
you deny him
this
country
will
concur
that salutary energy
pursue his country's happiness
follow up the course of his public
in
which
your quali-
and to defend her life
and demand the
214
ONE OF THE PEOPLE.
proof of your charge
for
:
we beg you
[1803.
not to think so highly of
yourselves, nor so meanly of us, as to suppose that your general assertion
pass with us for proofs
Avill
:
we
have not yet seen the
evidence of candor and virtue which entitles you to this high
To your proofs then, and to the retrospect Do you remember that dark and disastrous period,
ground.
administration of General Washington,
when
of his
life.
during the
the British marine
was taking some of those stately strides, which threatened to crush our infant commerce in the bud ? Do you remember the resolutions brought forward by Mr, Madison at that period, to restrict the British commerce itself, and avenge the wrongs done to his country ? Do you remember those celebrated resolutions, and the raptures of aj)plause with which they were received by the people for their well-timed and well-directed energy?
venient to you not to
remember these
that ive shall forget tiiem spirited
;
we
nor that
maybe
It
con-
But do not believe
things.
compare
shall fail to
the
and highly applauded policy which he recommended, then,
with the policy which our present wise and virtuous republican minority, are
recommending toward the same nation now, on
count of the same kind of aggressions.
*
*
*
" Again, was Mr. Madison's want of energy shewn
n99? having
In that year, '
brightened a
could be
felt.
The
'
the political hemisphere'
little,'
that
its
in the
was so
waved
year
from
far
darkness had thickened
Alien and Sedition laws
ac-
*
till
it
their baleful
sceptres over the continent, and the bosoms of patriots were every
where
filled
with consternation, and, almost with despair.
believed that public liberty had no hope, no refuge but
governments.
It
that there
was
dust and
ashes.'
It
had been announced from the presidental
a party in Virginia
The
which was
to be
resolutions of Colonel
treated with neglect or contempt
'
last
chair,
ground
Taylor
by the other great
proved that the Legislature of Virginia was the
was
in the State
in
into
1798,
States,
had
stand of our
—
freedom and happiness: and to crown the climax of danger and disconsolation, the distinguished Patrick Henry came again from retirement, with the view, as it was understood, to political
assault and dislodge
them from
this their last station.
Such was
the inauspicious, the all-important, the decisive crisis,
when James
Madison, with a frame spirit firm, erect
still
languishing under sickness, but with a
and intrepid, came forth
in the
cause of liberty
MR. MADISON.
CHAP. XVI]
Who
and his country.
how
the
little
245
Who
can forget that moment?
can forget
band of Virginian patriots crowded around
this re-
publican champion to catch the accents of a voice rendered feeble
by disease
Who
before us. to give
Even
.''
way
;
we have this virtuous and fraternal group how the night of despair first began
yet
can forget
— how hope,
as uncertain of the issue
at first, faintly
dawned upon each cheek,
under the inspiring strains of his
until
;
voice, she assumed a deep and determined
Who can
exultation in every eye.-*
of truth and reason exhibited in his
Yet we
tlemen.
Not
?
find that
the
Who
report.''
that loves his
man, whose genius and firmness
country can cease to love the gained that triumph
glow and sparkled with
forget the resplendent triumph
American people, be assured, gen-
one of you, under the signature of Falk-
land, in a late Enquirer, can recall that
epoch with
far different
emotions; can gratify his spleen by fancying what would have
been the result of a renconlre between Mr. Henry and Mr. Madison, if
had not been prevented by the death of the former;
it
Madison would have sunk and
the genius of
— how
fled before the impet-
The
uous and overwhelming eloquence of Mr. Henry.
writer
obviously derives a species of malignant pleasure from brooding
over
this
at the
imaginary triumph, although
expense of his country.
candor!
Henry,
Had
gained,
is
his virtue
it
would have been :
this, too, is his
he forgotten the convention of Virginia, where
in all his glory,
James Madison
This
if
Or
.-'
was
by the transcendant powers of
foiled
did he think the defence of the Alien and
Sedition laws a better cause, than the contending for previous
amendments
to the
Wretched, most wretched
Constitution.-*
the fate of that writer or that
man who
is
deserts the plain higliway
of conscience and of candor, for the dark and crooked mazes of intrigue
and cunning
— of trick and
the wise son of Sirach has said,
'
misrepresentation
work
his
way
:
he may, as
for a time, like a
mole under ground, but by-and-bye, he blunders into stands exposed with
" Mr. Madison,
it
all his dirt
seems,
upon
left his
post in Congress, in the
of danger, and took refuge in retirement. as the rest of
your reproaches.
light
and
his head.'
The
case
This
is
was
this.
moment
just as candid INIr.
Madi-
son had devoted two-and-twenty years of the prime and flower of his life to the service of his country
VOL.
1—21*
:
he had not spent those jears
;
ONE OF THE PEOPLE.
246
in
saying
'
yea and nay,' nor, what
[ISO?.
worse,
is
barbarous
in venting
sarcasms, in writing protests disgraceful to his virtue and understanding, and
Agamemnon
in
No
!
camp of
playing the part of Thersites in the those
;
been spent
years had
beneficial
in
services, in the discharge of the most arduous duties, in the most
intense and unrelaxing exertion of his pre-eminent faculties in the
cause of liberty and republican government. his
private
been
had
atfairs
neglected —
received a serious shock
—
ing
circumstances, at
decline.
In
these
his health
was
In the
mean
time,
constitution
his
had
a visible and alarm-
in
close of General
the
Washington's administration, he sought an
interval
put his
to
were possible, or, if otherwise, to provide for the awful change which he had too much reason to apprehend. It was in 1797 and '98 that he was estate in order, to recruit his health, if that
But
thus engaged.
we
have seen, that
in
1799, when the dangers
of his country had increased almost to desperation, although his health
was so
far
from being confirmed
he again made his appearance on the
that
had become worse,
it
political theatre,
with the
same signal gallantry, which had ever distinguished him. He has been in public life ever since. And those two years of repose and of private duty, so reasonable, so necessary to him, are what you
would have us
to consider as a
You
are not barbarians. }'0U
cowardly
defeat your
wish to destroy Mr. Madison
services and to reflect
which malice " But This
is,
itself
let us see
that
flight
own
from danger
!
We
purpose, gentlemen
but you force us to recall his
;
how immaculate must be
that life, against
can bring no better charges.
how
well this quadrates with your next charge.
Mr. Madison,
in
conjunction with Mr. Jay and Mr.
Hamilton, wrote the work called
The
most objectionable doctrines of the
Federalist, in
which the
latter are maintained.
Now
the objection to the doctrines of the latter gentlemen was, that
they were too energetic.
energy
—
in the
consistency of truth.
general '
dolus
sions
;
in this lalel
In
one breath, then, Mr. Madison wants
next he has too
much
—But, why,
of
it.
— This the unity and you so vague and — Our
again, are
charge about the Federalist.''
in gencralibus
'
— deception
so
jurists tell us
lurks in general expres-
maxim was never more strikingly treatment of Mr. Madison. You mount your
and the truth of the
exemplified than in
is
MR. MADISON.
CHAP. XVI.l
247
some eminence, and with a trumpet to your mouth, you bawl out, Jay and Hamilton.' Yazoo,' 'want of energy,' 'the Federalist It does not suit you to descend to particulars, because you know
—
'
charges require but to be seriously examined, and they
that the
You know
are at once falsified and exposed.
words which you
to the
pack from the kennel, you seem
a
to do, but to point out the
you have nothing
to think tiiat
game and
But
set us on.
such beasts as you are pleased, most respectfully
(juite
we
support
The
a defence of the Constitution
and where
:
are not
consider
and cherish him against your injustice
will protect
and most undeserving persecution. it is
we to
of being ready to worry a patriot whose virtues
Instead
us.
olfend you,
that
odium attached
the
and regarding your countrymen as
utter,
We
.'
all
know
sworn
to
the crime of Mr. Madison's having par-
is
ticipated in that defence
defended the
Federalist
which we are
it criminal in Mr. Madison to have by written argument, and yet not This is have sworn to support it
Is
?
Constitution
criminal in you and in us to
.''
another evolution of the strength and clearness of your discern-
ment in
Since you will not descend to particularize the passages
!
which Mr. Madison wrote and which give you permit us to extract one which is calculated to give you
the Federalist
oft'ence,
consolation in the prospect before you, since
it
promises the continu-
ance of your honorable existence as a body
what
faction,
But
expires. is
air is to fire it
;
animal
Tins that
to
life,
is
The
gone,
Liberty it
is
to
instantly
because
it
imparts
answer
to
which
air
fire
to a general it
nourishes faction, than
it
its
it
essential to
is
destructive agency.'
When
charge.
shall receive a definite
you give
answer."
conclude with a retaliatory assault upon the pro-
:
" There wishes.
because
wish the annihilation of
a general
letters
'
could not be a less folly to abolish liberty, which
charge a definite form,
testors
—
an aliment, without whicli
essential to political life,
would be
:
is
obviously an effort to keep back a part of your
Speak
it is
speak out,
out,
gentlemen
;
after the lengths
the height of folly to be squeamish.
we
will
do
it
for you.
This
is
which you have if you will not
Or,
your wish.
You wish
some man to be appointed the next President, who, you believe, looks upon the present administration with the same hostility which you do in other words, you are displeased with the ;
ONE OF THE PEOPLE.
248
cliaracter of the present administration,
character to be introduced.
Tliis
[1S08.
and you wish a
different
the whole of the secret with
is
which YOU have been laboring and floundering throughout most unfoitunate, sel-murdering Protest. But you perceive the people of tbe United States are of a different opinion.
approve the character of the present administration that character continued tlie
in
election of
the face, and
The
fill
know
they
;
prospect of being again in a
spirits
it
will be continued by
truths
can support.
little
to the
stare
you
— Learn
and wretciied minority
tlien
to
avoid
people
;
it.
Learn
to
Forget the wicked
dreams of ambition, which have disturbed vour and
which
more than your proud and
is
have no interests but those of the people.
to virtue
They
they wish
you with the pangs and agonies of despair.
during the next administration, lofty
that
These are
Mr. Madison.
;
this
that
brains.
Return
and the people will forgive you.""
These letters attracted a great deal of observation. Replies were published, and a war of considerable virulence was waged between the author and will be seen in his
We
liis
opponents.
correspondence of
Some
references to this
this year.
are struck in the perusal of these papers of "
People," with the acrimony of the discussion. that
Few
less likely to
are inherited from to the nature of
our
some degree, perhaps, to the character of our men were more tolerant of opinion than Wirt, {^\s
government, and race.
own day we may infer,
the political asperities of our
another generation, and belong,
One of the They shew us
in
be excited by political stimulants into the exhibition
—
but we may remark also that no man was ever more prompt or zealous to defend a friend from tlie assaults of an enemy than he. In the performance of this office for Mr. Madison, he may have indulged a sharper tone of rebuke and a larger license of invective than his own judgment, in a moment of more repose, might approve. His letters to his friends, contemporary with tiicsc political effusions, seem to imply this. The authors of the Protest were gentlemen of high standing in the country, many of them distinguished, then and afterwards, for
of acerbity of temper:
tiicir
devotion to the public welfare and effective usefulness
national councils; and, in after
Wirt, as friends worthy of
menced
all
life,
regard.
in the
personally esteemed by Mr.
They
had, however, com-
the war, and could hardly expect less quarter than they
ELECTED TO THE LEGISLATURE.
CHAP. XVI.]
received
the
in
conflict,
—
we may
tliough,
suppose,
in
of the People."
Whilst these
letters
were
in
progress of publication, Wirt found
himself most unexpectedly, and without any agency on his part,
ex-
little
Richmond supplied
pecting to encounter the champion which
"One
249
proposed
own
Richmond as a candidate to represent House of Delegates, His opponent was
to the city of
that constituency in the
Colonel Carrington, one of the most worthy and influential gen-
tlemen
Quite as unexpectedly he was elected.
community.
in that
Writing
Mrs. Wirt from Williamsbuig, on the 11th of April,
to
1808, some days before the election
in
Richmond was
to be held,
he says
" There in
is
the
Richmond
one of and
my
The
many
In
my
infinitely to
your husband is
Colonel C.
is
me
points of
it
not
is
left out.
I
beg you, there-
at Col.
C's election, nor think that
the less respected
by the wise and the good,
not preferred by the freeholders of
It is
as Col. C.
of that
contemplate
would be permanently
is
Richmond
to
no disparagement to any young man that a patriot
so old, so long tried, so virtuous and so worthy
view
I
that political ambition
view
advantage to be
heave one sigh
because he
with which
total indifference
election, convinces
sins.
fore, not to
me
an election here to-day, which reminds
Richmond.
preferred to him.
in
every point of
by
regret extremely that,
I
being unintentionally and unexpectedly drawn into collision with him,
I
have been made to have the appearance of implying a
doubt of his
fitness,
or of entertaining a vain opinion of
both which opinions
how last
I
was brought
I
most sincerely disclaim.
into this scrape,
which,
I
my own;
But you
promise you,
know is
the
one of the kind."
The
history of political contest in the United States does not
often present specimens of reserve and
resembling
this.
We
modest personal estimate
record such manifestations of opinion as
here implied, both in regard to what
is
due
is
to the public service,
and to the humility of self-judgment, with a peculiar pleasure, for the instruction of the present generation,
seems talents
to believe himself gifted
and
all
when
almost every
political
At
this day,
when
man
the attributes of wisdom,
learning necessary to the discharge of
function whatever.
blems of
with
any public
the most profound pro-
economy and jurisprudence, and
all
the myste-
— LETTER TO MR. MONROE.
250
[1803.
ries of wise legislation, and all the science necessary for skilful diplomacy, are supposed " to come by nature," or to derive their
highest finish and perfection from the severe discipline of the
stump, and to
find in
every forum erected
road
at a counti'y cross
or porcli of a village tavern, an academy competent to furnish
full
blown and accomplished statesmen, it may be well to recur to the example of that earlier epoch of our republic, when a man so gifted as
William Wirt, so laboriously trained and so successfully speak
tried, could
such terms of distrust as to his
in
fitness for a
Forty years ago, evidently, the men
seat in a State Legislature.
of America were not so confident as they have grown of Tlie mai-ch of intellect, which
wonders
we now
call
late.
" Progress," has done
supply of the finished material of statesmanship.
in the
In the presidential contest of this year, the opposition to Mr.
Madison, had,
in part,
looked
He was named
tration.
to
Mr. Monroe
as a point of concen-
as the competitor of the caucus candidate,
was made to give him the support of the reMr. Wirt, as we have seen, enjoyed the friendpublican party. Indeed ship of Mr. Monroe, equally with that of Mr. Madison. was Mr. Monroe even held to the personal relation which he held to his which he commore intimate and confidential than that petitor. This circumstance led to the choice of Wirt as one of and a strong
effort
promote the success of Mr. Monroe's When this choice was communicated to him, he declined election. the appointment, and took occasion to explain to Mr. Monroe the a
committee
in
Richmond
to
grounds upon which he did so for
Mr. Madison.
ter,
and presents,
The in
ness of the writer.
his preference, at that juncture,
following letter has reference to this mat-
an advantageous It
is
light, the
delicacy and frank-
proper to remark, that
this letter
written before the occasion had arisen for the essays signed
was
"One
of the People."
TO JAMES MONROE. Richmond, February
Dear Sir
On mc to noon.
8,
1808,
:
going into court to-day, kce[)
me
So
that
I
found business enough cut out for
closely engaged both to-night and it
will not be until
to-morrow
to-morrow evening that
I
foreshall
LETTER TO MR. MONROE.
CtlAP. XVr.]
have
in
it
my power
251
you on the subject
to see
which you
to
re-
ferred this morning. Feeling- for
you the same sincere and cordial friendship that
have ever done, since conscious that
ever been,
it
had
I
was now
I
first
the pleasure of
worthy of your confidence
as
me this morning may make it less
did not occur to
cumstance which, perhaps,
communicate with
me
I
knowing you, and
to state to
as
have
I
you a
cir-
agreeable to you to
may
on the proposed subject, and which
diminish the weight of any friendly opinion which
I
may
On
I
think that can-
recalling our short interview of this morning,
dor and honor require I
was
me
mention
to
give on
this circumstance.
It is this.
called on to act as One of the standing committee to
your electoral
ticket.
declined
I
stating
it;
it.
promote
that although per-
—
sonally more warmly attached to you than to Mr. Madison for I knew you much better and although I thought it would make
—
very
little
difference to the happiness of the people of the United
which of you was President, yet, tions, I preferred Mr. Madison. I went mutual friend of ours who spoke to me, States
for political considerafurther,
—
feared
your friends persisted
if
in
I
—
for
was a much
it
added that
I
running you, after the sense of
the State and of the United States should be, at least, strongly indicated, if not demonstrated
by the votes of the Slate and con-
gressional Legislatures, that
might have a permanently
on your here
For, although
political standing.
who
I
ill
yet
I
effect
myself, and the friends
know
are in the habit of intercourse with you, might
ti'uth,
tlie
it
feared there ^vas danger that the people of the
United States might be led^ to incorporate and identify you with the minority in Congress, the opponents of the present
administration.
heads,
dear
I
sir,
And,
most popular
they should take such an opinion
if
were gone
feared that you
so strongly have
I
irretrievably.
felt this
apprehension, that
been several times on the point of going and expressing
Nor
has any thing restrained
a preference for
Mr. Madison,
indelicate, if no worse, in
have thought
I
my
me from
it
me
proper
it
it
as
to you.
remove the competition. disclose to you what lias been
to attempt to
tlius to
feelings entirely, whether,
communicate with me
my
have
might be considered
past course and opinions on this subject; submitting
own
it
I
but that, having expressed
thought
I
in their
Indeed,
after this,
you intended.
it
to
your
you would clioose If
this
be
still
to
your
MR. MONROE'S REPLY,
252
pleasure, to give
be happy to wait on you, and
I sliall
you
[1808.
I shall
be prepared
as sincere and friendly an opinion, as if this presidential
competition had never occurred, for
I
am,
deed and
in
Your
in truth,
friend,
Wm, Wirt. we
Whilst
have
this letter before us,
may be
it
with what impressions Mr. Monroe received
This
tion.
we
well to show
this friendly
not written in reply to this, but
some months afterwards, when
presidential contest had terminated in the election of
The communication from Wirt,
son.
referred to in this letter,
to the suspicion that his friends might
Mr. Monroe's mind
misconstrued his motives and purposes, the competition in which all
was used
Wirt had intimated
:
which
this is a reply.
with an honorable
ment of
it
;
submitting his
in
we may
and,
I
This
letter
sensibility, his
his friends,
him,
this to
have
name
suppose
to
also,
which he was
the dilficulties of the position in
placed
that
the
Mr. Madi-
Doubtless the issue of the late contest had opened
have not seen.
that they felt
explana-
are enabled to do from a letter of his to Mr. Wirt,
in
the letter to
from Mr. Monroe expresses, perception of this embarrass-
and leaves nothing
to
mar
the esteem and
confidence which had so long subsisted between himself and the individual to
whom
it is
addressed.
Richmond, December
Dear
Sir
20, 1808.
:
Your letter of this day has equally sui'prised and hurt me, by intimating a suspicion that it was my desire, on account of the late presidential contest, to separate
as took part against me.
I
from such of
really thought that
my
my
old friends
conduct had,
me
ask, has
it
done so
regard to you
in
on some important topics,
And have
favor.'' it,
I
I
knew
Did
that
I
not consult you
you were not
in
my
you
?
Have you ever
returned
those
mind of
aliena-
}
These circumstances produced no tion.
?
ever returned to town, after an absence from
on
without calling
calls
after
in
Let
no instance, given the slightest cause for such a suspicion.
I
effect
on
my
considered the existing state as being equally painful to
them and me, and
I
waited for
its
transit to
show what my
real
LETTERS TO CARR.
CHAP. XVI.]
feeling and disposition
You
my
situation im])osed
ment, and that by observing
independence of It is
gaged
me
my
next.
on
it, I
me
old friends alluded to.
the necessity of
moment
deli-
retire-
I
my
own.
received your
letter, I
was en
writing notes to yourself and other friends to dine with
in
This will show
that
I
shall accept
with pleasure for that day, postponing I
much
respected the personal honor and
friends, as well as
a fact, that at the
on Thursday.
tation
my
to those of
be sensible that while that contest depended, the
will
cacy of
were
253
need not add that
I shall,
my
your
invi-
invitation to the
be happy to see
at all times,
and confer with you on such topics as you desire.
Being very sincerely,
Your
friend,
James Monroe.
We
now
recur
offering a
few
to
letters
political excitements
the track of Mr. Wirt's correspondence, which were written during the period of the
I
In these letters will be
have described.
found some glimpses of personal history which
may
not be unac-
ceptable to the reader.
TO DABNEY CARR.
******
Richmond, May
My Dear The
essays signed "
One
of the People" were written by
under the pressure of importunity from some of at a
11, 1808.
Friend:
period
when
could
I
ill
my
me
friends here,
spare the time, and in such haste that
boy was, half the time I was engaged in them, pushing the copy. Under such circumstances you will not be sur-
the printer's
me
for
prised that the composition
is
loose and coarse, and the style, in
many passages, marked with a heat and
asperity
which the sub-
ject did not require.
had taken more time about them. The cause was a good one, and the protestors might have been castigated with a I
wish
decorum
I
at
no blush. VOL.
which the modest cheek of Madison would have But
it
is
1—22
too late to repine
;
I
felt
must endeavor to profit
LETTERS TO CARR.
254 by experience, and
[1608.
keep myself more cool and discreet here-
to
after.
seen the reply by "
You have
His style
.
One
of the Protestors."
certainly not that of a gentleman, and
is
This
my
is
first
impulse was to have answered him cum argumento baculmo; but
remembering
that
the gentleman a
vapid
I
was
the aggressor, and had, perhaps, treated
harshly,
little
to die in peace,
stuft"
my
next impulse
interruption, into that nothingness to
Some
tending.
of
my
was
and the party to sink
to suffer the
down without
which they are so rapidly
friends here think
1
ought to reply.
not this be giving an importance to those publications
Will
do not deserve.
-*
tence of the minority
we
selves if
When
I
let
.''
Will
which they
not he impoliticly proiractrng the exis-
it
Will they not perish soon enough of them-
them alone
}
said, in the Enquirer, that
the promised respects of "
One
I
should be glad to receive
of the Protestors,"
I
made
sure
John Randolph was coming out. I would iiave engaged with Achilles, but I do not relish a combat with one of his myrmidons. If I thought, however, that the people, I mean the judicious part that
of them, expected
Let
it
of me,
What
say with you.^
Let
it
What do they What do you say? possible, since, if I am to
would reply
to him. it.^
******
me have your answer
reply,
I
does Peter say of as soon as
ought to be done immediately.
me be remembered
to all
our friends.
Heaven
bless you,
Wm. Wirt. TO DABNEY CARR.
****** Richmond,
My Dear I 1
was
am
not
much
pleased with the style
sorry for having written
head, "
May
23, 1808.
Chevalier:
One of
think that
it is
it
of" One of the People."
— not for anything
that the calf 's-
I do not which Mr. Madison should be de-
the Protestors," has said, but because
in the
style in
fended, nor in which any
man should write who
taining in society a pure and dignified character.
aspires at main-
The
protestors
LETTER TO EDWARDS.
CHAP XVI]
deserved
be scorched
to
but
;
think
I
it
255
might have been done
even more elFectually, and certainly more to the honor both of a chaste and polite style.
Mr. Madison and the writer, by the die
cast
is
— and the question
is
how
to carry
But
on the game.
This niornina: lias broudit out the tliird and last number of " One of the Protestors." A more infamous piece of personal abuse, of the very lowest order, has never been published.
my
All
friends here concur in the opinion that he does not deserve a
reply.
shall,
I
perhaps, give him a short one
Appeals and Federal Court
but the Court of
;
being both in session, and there being
town pestering me with the examination of Commissioner's reports, I have not a moment to give to tlie several of
my
clients in
consideration of the protestor.
Meantime you would be pleased and peace
I
take this scurrility.
possible injury.
If I
But while
the stick.
thought
my
it
life
they will not be relied on.
to see with
believe that
I
could,
is
I
false, will
can do
would certainly
me
no
resort to
constantly belying his charges,
The
who does who do, and
reader
will inquire into their truth of those
they are
I
what composure it
not
know me
learning that
estimate the writer as he deserves, and
me
as
deserve.
Your
friend,
Wm. Wirt. I
conclude
filled as all
affection
this
chapter with another letter to Mr. Edwards,
Wirt's letters to this worthy gentleman are, with the
and gratitude of a son.
TO BENJAMIN EDWARDS. Richmond, July
Mv Dear I
and Ever Honored Friend and Father
have read, half a dozen times,
precious letter of the 8th of April sitting,
Avith last.
2, 1808.
:
swimming eyes, your Our courts have been
without intermission, ever since the 1st of February
till
the 28th of last month, or I should sooner have acknowledged your goodness in writing to me under so much pain. Your friendship and affection for me, are
among
the purest and sweetest
LETTER TO EDWARDS.
256
sources of happiness that
with what feelings
have upon
I
hear of your
I
Judge, then,
earth.
this
Yet
health.
ill
[1808.
trust that the
I
same gracious Providence, " who makes the good his care," and who raised you once before from the bed of torture, will spare you still to your family and friends. I have been afraid that you do not take exercise enough, yet Mr. Street, the editor of " The
Western World," handed me, the day before yesterday, from in
my
a letter
brother Ninian, dated April 11th, three days after yours,
which he says
apprehend,
that
you had been,
nearly as long
is
I
journey as would bring you to the
a
Would
mineral waters in Virginia.
That,
lately, at his house.
not this excursion, aided
by
the waters and the animation of the company, promise to give a
lone to your system, and remove the torpor and debility of which you complain. I wish you could believe it prudent and advisable for you to take such a step, because I should then have it in my power to see you once more. I would certainly meet you at the Springs, and
receive your blessing
;
and
my
wife and children, from the senti-
ments they have for you, would accompany me, with
My
of pilgrims.
begin to feel a strong presentiment that
My
place.
we
it
What
a
happy group should we form
the days that are past,
talk over
the piety
!
I
I
take
certainly
will
brother Ninian and his family would,
attend you.
all
imagination has dwelt upon this meeting, until
dare say,
How
would
torpor and debility, and
till
sickness and sorrow would fiy and leave us to our enjoyments.
What do you
say to this project
you
it
will find
.''
I
have a sanguine hope your health, as
as judicious in reference to
would be exquisitely
your
sure
it
we
meet once, and your health should become
might
we
grateful to
feelings.
settled
that
am And if I
again,
not devise a scheme of meeting at the same place every
By
two or three years }
these means our children would
become
acquainted, and the friendship which has subsisted between us,
would be continued I
leave
tjirough
all
I
its
consequences.
;
result
}
}
To
me,
this idea,
the anticipation, merely,
and, in spite of Mr. Harvie's doctrine to the con-
believe, the reality
think of this tl)e
them.
your heart and your fancy to develope
]s delightful
trary,
in
to
it
would be
Take medical
still
more
counsel upon
it,
so.
and
Will you not let
me know
LETTER TO EDWARDS.
CHAP. XVr.]
Yes
— there
!
we must
is
God
to
that
well-grounded hope of future
it is
removes
all
douht."
I
have lived long enough, and seen sorrow enough,
he convinced that religion
where alone is
I
When
"
nothing more true than what you say.
die, there is nothing like a
iiappiness, except a perfect faith, Avhich
thank
257
at
home and
the proper element of the soul,
is
That
at rest.
any other
to
an alien, vagrant, restless, perturbed and miserable,
state,
— dazzled
it
for
an hour by a dream of temporal glory, but awaking to disappoint-
ment and permanent anguish.
away
us through
Then,
if
It is
the bed of death which chases
which have cheated
these illusive vapors of the brain
all
life,
and which shews us to ourselves, naked as
not sooner, every
man
finds the truth
we
are.
of your sentiment, the
importance of a well-grounded Christian hope of future happiness.
We
need not, indeed, so awful a monitor as a death-bed, to con-
We
vince us of the instability of earthly hopes of any kind.
have but to look upon nations abroad, and men that evervthing
prosperity
is
under the sun
at
home,
to see
uncertain and fluctuatins:
is
a cheat, and virtue often but a name.
;
that
Look upon
the map of Europe. See what it was fifty or sixty years ago what it has since been, and what it is likely to become. Formerly partitioned into separate, independent and energetic monarchies, with vigorous chiefs at their finite
that
policy, the balance of
balance eternal:
liberty, her
head, maintaining with
power among them, and
France,
in
the
agonies
campus martins resounding with
of the
in-
believing birth of
fetes, in celebration
of that event: the contagion spreading into other nations: mon-
archs trembling for their crowns, and combining to resist the diffusion
parte
of the
among
example: the champions of
carrying with them the wishes
now
liberty,
and Bona-
the rest, victorious every where, and every
and prayers of America.
where Yet
see, all at once, the revolution gone, like a flash of lightning;
France suddenly buried beneath the darkness of despotism, and the voracious tyrant swallowing up kingdom after kingdom. The combining monarchs thought that they were
in
but the propagation of the doctrines of liberty
;
danger of nothing but ruin has
come
upon them from another quarter. The doctrines cf liberty are at an end, and so are the monarchies of Europe all fused and
—
melted
down
often have
I
VOL.
into one great and consolidated despotism.
How
drunk that Caesar's health, with a kind of religious
1—22*
LETTER TO EDWARDS.
258
[180^.
I
devotion liant
How
!
campaigns
did
all
America stand on
in Italy at the
tiptoe, during his bril-
head of the army of the republic
!
what rapture did we follow his career ; and how did our bosoms bound at the prospect of an emancipated world Yet see in what it has all ended The total extinction of European AV'ith
!
!
and the too probable prospect of an enslaved world.
liberty,
what are human calculations of happiness ever more rely upon them Alas
!
;
who
and
can
!
we
If
we
shall
look to the state of things in our own country, still be forced to cry, " all is vanity and vexation of spirit."
l^ook at the public prints with which our country
deluged,
is
and see the merciless massacre of public and private character,
and domestic peace and happiness.
social
oi'
bates in Congress. dial
Where
in
the de-
an assembly of patriots and freemen, such as Avas seen
the old Congress of 1776
All
at
comparison of ideas for the public good, which you would
look for in
Look
the coolness, the decorum, the cor-
is
IS
.''
Nothing of
it is
now
be
to
seen.
rancor, abuse, hostility and hatred, confusion and ruin. * * * ^ tP ^ tP
According
to
my
present impressions of happiness,
would
I
not
exchange the good opinion of one virtuous and judicious man, for the acclamation of the millions that inhabit our country; not that
these would not be grateful,
— but
as for taking
them
as a basis of
******
happiness,
I
lows of the
would
as soon think of building a house
on the
bil-
sea.
Yours most sincerely,
Wm.
\^'IRT.
CHAPTER
XVII.
1809.
SERVICE IN THE LEGISLATURE PREFERENCE FOR PRIVATE LIFE LETTERS TO EDWARDS LITERARY DREAMS ACRIMONY OF PARTY POLITICS EDUCATION MISGIVINGS IN REGARD TO THE GOVERNMENT.
HIS
—
Wirt''s service
in the
Legislature of Virginia, during the ses-
sion of the winter of 1808-9,
connection with public
life
was
the beginning and end of his
through the medium of popular elec-
This assumption of the character of a representative, may
tion.
be regarded rather as an accident in his career than the result of
any meditated plan.
He
seems to have been impressed with the
conviction that popular favor
was too
frail a staff for
a wise
man
upon for support, however useful it might sometimes be to enable him to walk more rapidly upon his journey, or leap over
to lean
an occasional impediment in his path.
Confiding
in his ability to
move onward without this help, he preferred the success which was to be won by his own labors in a private sphere, to the renown which he might reasonably have expected from the exhibition of his talents upon the stage of public business. We may not impute
this
seen that no
We have community of which he was a member
determination to a want of civic virtue.
man
in the
was more prompt than he to make a personal sacrifice to public duty when it seemed to be required nor w^as there any who felt a more lively concern in the progress of public events. We have ;
the proof of this in the readiness with
which he volunteered
his
services in expectation of the war, and in the zeal with which he
participated in the great question of the presidential election.
may
We
from these incidents, that he would not have refused a summons to the duties of public station, if he had believed that his infer
personal submission to such a call were enjoined upon him
by any which could not have been met by other citizens as well adapted to the service and more anxious to undertake it. His modest estimate of himself, so apparent in bis letters, sug-
clear exigency
— SERVICE IN THE LEGISLATURE.
260
[1809.
gested to him, doubtless, that no such exigency could exist, and
The
thus justified him in the resolution he had adopted.
theory
of our government clearly implies a duty on the part of every citizen, to render such
to the conduct of
Where
contribute.
make
comply with
fact that others as capable
may expose him
and which
the people
citizen, his refusal to
may be necessary may be in his power to
service to the state as
its affairs,
it
may be
it
this
demand upon any one
can only be justified by the
found, or that his compliance
to the sacrifice of
important personal interests,
such as the community have no right to ask of a citizen except
some great public emergency.
It
in
does not often happen that an
occasion arises to test the strength of this obligation, and, therefore,
it is
although
familiarized to the reflections of the people,
but
little
we
are not without notable and illustrious examples in
our history, of the grave submission of the wisest and most enlightened patriots to
its
dictation.
During the brief term of Wirt's service
we
have
attracted
to note his participation in a
much
proceeding there which
public attention in the State, from
with an exciting topic of national concern. ture of our affairs, in relation to
Europe, had resolutions
in the Legislature,
fallen
the
The
principal
its
connection
interesting pos-
belligerents of
under the notice of the Legislature
upon the subject, which were referred
in
some
to a special
committee, of which the delegate from Richmond was one.
A
was drawn up by him. This report presented a review of the French decrees against American commerce, and of the British orders in Council, in both of which the country had found so much to vex and exasperate the national The theme was treated with the spirit characteristic of pride. report upon the resolutions
the time, and furnished occasion for the expression of strong and
indignant language, pointed and polished with
the author
was able
to
employ.
all
the skill
which
In his review of the subject, the
course of Mr. Jefferson's administration was brought into notice, and
was vindicated with
the zeal of an advocate impelled not
more by
wisdom of its policy, than by warm leader by whom it was directed.
conscientious approval of the
personal friendship for the
With
this brief reference to the short political
career of the subject of
my
memoir,
I
episode
continue his letters.
in
the
LETTER TO EDWARDS.
CHAP. XVII.]
261
TO BENJAMIN EDWARDS. Richmond, February
Dear
2G, 1809.
Sir:
%
tF
And now
est letter that
disease."
me
let
*
tF
how
you
tell
*
grateful
^
" the long-
feel for this,
I
you have written since the commencement of your so perfectly in the style of your conversation that
It is
in every line and saw every turn * # * remembered expression of your face. There are parts of your letter which make me smile. You wish
I
heard the sound of your voice
in the well
me
Presidency of the United States
to aspire to the
much
your Mount Pleasant talk
like
enough, although
at that
time
of age and had a whole Qiow
you seem
which time
that besides being so old,
friend,
me
to
my
six and thirtieth year,
in
work wonders
my
icishes, will
be
to make for my No, no, my dear
to politics.
Rome
:
— nor ought
present circumstances.
am
I
just about as
to sacrifice
dren on the altar of political ambition.
my
not having
it, is
;
for nature,
the capacity without the inclination.
and from
my
political
power
is
not
nowhere but
in
private
beloved
enough
family. in
to retire
my
I
I
fit
as
accept
my
I
it,
know
think
I I
I
life
wife and chil-
may be
profession to have
it
I
am
writing unaffectedly
know
and
my
in
the
bosom of
able to in
my
am
gave
believe, never yet
that
and
to
my
have no such ambition,
enough of the world to
happiness,
am in
my
distinction
attain
power,
that
happiness
in ten years,
from the bar into the country and give myself up to
the luxury is
heart.
I
I
one among a thousand proofs that
that kind of life
unfit for
expectations, and,
the office of Secre-
nor would
I,
would be
It
my
For
fulfilled.
tary of State, under Mr. Madison,
you
by
make no such extravagant calculations of future greatcan make my family independent and leave to my chil-
I
be the Pope of
this
but
;
If I
believe me,
is
in
pretty well fixed, and
is
dren the inheritance of a respectable name,
and
this is so
am
have yet a fortune
I
—
before
I
my thoughts
could turn
I
:
was extravagant
it
sixteen or seventeen years
the color of a man's destiny
family before
ness.
!
was but
I
life
to forget that
Then,
of literature and
selfish
will tell
—
me
that
a
man's
my first
fireside.
duty
is
You
will
say that
to his country
of Curtius and Cato, and Brutus.
I
;
and
admit the
DISLIKE OF POLITICAL LIFE.
262
grandeur of their virtues, but
myself for those high
Should
am
neither a Curtius, a Cato, nor a
my countrymen
Tliere are thousands of
Brutus. tlian
I
[1909.
better qualified
and as willing as capable.
offices,
attempt to give myself the precedence to such men,
I
it
would impel me. The wish to see my country prosper is not compatible with a wish to see the reins of government in hands that are unfit to hold them and to wish them in my own, would be to wish them in such would not be love of country, but
self, that
;
Hence my duty
hands. it
to
my
country
accords with the real wish of
These
domestic peace.
my
ting
and
life,
my
is
so far from opposing that
heart for independence and
aie the principles
by whicli
am
I
regula-
should be almost as sorry to have them dis-
I
turbed, as a christian would the foundations of his faith.
Monroe
is
election, but
who
WMfe,
certainly a virtuous and excellent man.
my
opinion of him
good
a
is
is
eralists
and
who
tories
letter to
I
opposed
By-the-bye,
federalist by inheritance,
through that part of your letter
show your
unaltered.
my
drew her
his
dear
pencil
whicii you speak of the fed-
in
supported his election.
She wanted
to
her mother, but as both her father and mother
are federalists, of the first water^ and supported Monroe, she afraid that this passage
the letter to produce
—
would defeat the that
is,
to inspire
and respect for you w'hich she
was which she wished them with the same love efl'ect
feels herself".
I
think
it
a misfor-
Monroe that he had the support of which you speak but as it was unsolicited and undesired by him I do not think he ought to be blamed for it. I wish the federalists were all like you Madisonian federalists and I wish the republicans were tune to
;
—
all
like
;
him,
—
that
candid,
tolerant,
is,
charitable
and
dis-
some hopes of the duration of the republic; but as it is may Heaven protect us! If you knew Mr. Jefferson personally and intimately, you would know him to be among the most simple and artless characters passionate.
I
should
then
—
upon
earth.
His
fault
have
—
is,
that
he
is
too unguarded: if he had
more of General Washington's reserve, he would be less in the power of his enemies than he is. I do not know that this would make him a more amiable man, but it would make him a happier one.
LOCKE'S ESSAY.
CHAP. XVII.]
I
am
wish he would try
me very
it
When
man's vigor.
;
I
the
consider
Human
?
If not,
of a young
test
was about fourteen years old, a friend made I would read Locke through twice,
I
was on Sunday,
should be
I
this task.
It
and
letter,
I
Parson Hunt's library, took out the book, and
— the posture lesson, and
in
which
which
I
stairs, laid
down
my my
on
flat
had been accustomed
to get
was peculiarly was soon heels over head
therefore supposed
I
favorable to the exertion of the mind.
among "
he named, that
of.
spreading a blanket on the floor, up
Homer's
whom
intimated that
phenomenon if I achieved recollect, when I received this
I
instantly to
He
meaning.
his
considered as a sort
breast,
good
flattering promises, if
was master of
went
of Cyrus' parts.
Understanding
a pretty
it
and produce a certificate from a gentleman I
me
delighted with the account you give
Has he read Locke's Essay on I
263
I
which
innate ideas," subjects
I
had never before heard
of,
had not a single idea of any kind, either innate or acquired. I stuck to him, however, manfully, and plunged on, pretty intelligently, till I got to his chapter on " Identity and and on which
I
Diversity," and there
nor did
I
I
Albemarle, when
book
in
age.
Even
Diversity,
then, as felt
I
re-passing, in
will
the
bound over
Locke fancy.
is
I
I
until I again met with the was about twenty- three years of
approached the chapter on Identity and
it
Cyrus
is
in
when
which he had stuck
two years beyond
experiment, and
I
a
But whoever
frigid
writer
to
a
fast
the time at
do not doubt
like the reindeer over the
certainly
human judgment friend
the most hopeless despair
summer, part of a road
made
I
fast, in
as shy as the Scotch parson's horse did
the preceding winter.
which
stuck
ever get out of that mire,
that
he
snows of Lapland.
young man of high
wishes to train himself to address the
successfully,
ought to make Locke his bosom
and constant companion.
He
introduces his reader to a
most intimate acquaintance with the structure and constitution of the mind
how
:
unfolds every property which belongs to
it
alone the judgment can be approached and acted on
;
;
shews
through
what avenues, and with what degrees of proof, a man may calculate,
with certainty, on
Locke's book
is
its
different degrees of assent.
auxiliary to the
same process
for
been so earnestly recommending the mathematics to the
mind a fixed and rooted habit of
;
Besides
which that
is,
I
this,
have
giving
clear, close, cogent
and
LETTER TO EDWARDS.
264
The man who can
reasoning.
irresistible
[1809.
read Locke for an
hour or two, and then lay him down and argue feebly upon any subject,
****** may hang up
fiddle
his
for life
;
such a one, nature
to
must have denied the original stamina of a great mind.
That Heaven may restore and confirm your health, and continue to smile with beneficence upon yourself and your family, (who, I believ^e, are as
make
them,)
dear to
my
heart as the closest consanguinity could
the devout and fervent prayer of
is
Your
friend,
Wm. Wirt. The
next letter contains a pleasant day-dream, characteristic of
the ambition of the writer, but which unfortunately
We
realized.
may
may be
tingencies of after life
more
others
was never
smile at this picture of hopes which the con-
brilliant,
said rather to have displaced for
than to have disappointed.
TO BENJAMIN EDWARDS. Richmond, June
My Ever Honored
Friend
Yours of the 15th then in
by a
reached
ult.
23, 1809.
:
this place a
week
ago.
I
was
Norfolk, in the Admiralty Court, and learned, with sorrow,
letter
from
my
In consequence of
much shaken
;
wife, your inability to meet us at the Springs.
this,
and
the country than to
our
own
my
we
shall
wife's sister's, Mrs. Cabell,
Buckingham, a county bounded
is very go higher up
resolution of going thither
doubt much whether
I
to the west
who
lives in
by the Blue Ridge.
There we shall get the mountain air, avoid a hot journey and a good deal of expense, which we would have encountered cheerfully in tlie hope of meeting you, and some portion of your This inducement removed, the objections
family.
remain without a counterpoise; and a grace as possible to the
we must
disappointment,
hope, that, by some means or other, shall yet
time, lest
me,
I
am
meet before it
we
at
to the jaunt
submit wnth as good still
cherishing
some place or
other,
the
we
In the mean-
bid adieu to the world.
should be otherwise, from your parental anxiety for
sure you would be glad to
know what
is
to
become of
LITERARY DREAMS.
CHAP. XVII.]
265
how I am to pass through life. I have looked into this my future life with a vision as steady and distinct as I command, and now give you the result. In the course of ten
me, and
subject of
can
years, without
hope
that
I
some great and
shall
signal misfortune,
I
have reason
to
be worth near upon or quite one hundred thousand
dollars in cash, besides having an elegant and well-furnished estab-
lishment
in this
town.
I
propose to vest twenty-five thousand dollars
improvement and stocking of a farm somewhere on James River, in as healthy a country as I can find, having also the advantage of fertility. There I will have my books, and with in
the purchase,
my
—
spring, summer and Those months I shall devote to the improvement of my children, the amusement of my wife, and perhaps the endeavor to raise by my pen a monument to my name. The winter we will spend in Richmond, if Richmond shall present superior attractions to the country. The remainder of my cash I will invest in some stable
family spend three seasons of the year
fall.
and
productive
these
there
is
raise
to
no noisy ambition
composition. it
fund,
portions
{ew words you have the scheme of It
in
it
and faction:
intrigue
innocent victim of
it,
there
;
is
none,
much
My I
I
I
In
children.
You
see
believe, in
my
future
love distinction, but
I
and innocence.
in tranquillity
political
true
is
my
for
my
lil'e.
can only enjoy
soul sickens at the idea of
would not
choose to be the Observe,
less the criminal agent.
do not propose to be useless to society.
My
ambition will
lie
opening, raising, refining and improving the understandings of
countrymen by means of think that
I
am
light
Atlas enough to sustain a ponderous
a speculation of
fifty
very great delight, and be
of
to
my
be employed,
while
:
I
Voltaire (voluminous as his in this
moral or literary would afford
executed, at least,
if alive,
death, or as long as
used to publish
work
my
do not
I
or a hundred pages on any subject, theolo-
gical, philosophical, political,
hope
and cheap publications.
I
in
with
spirit.
ten years hence, and
me
Thus
so, to the
I
day
can write anything worth the reading.
works now
are, as
bound up together,)
way, detached pamphlets
;
and so did
others of the most distinguished writers in Europe,
—
all
many
the essay-
and dramatists, of course, and many of the philosophers. This mode of publication is calculated to give wider currency to a work. There is nothing terrible in the price, or the massive bulk
ists
of the volume.
VOL.
The
1—23
price
is
so cheap, and
the reading so light,
PROSPECT OF
266
command
as to
a reader in every one
way, be
who can
The all
all,
and
employed
harangue and the harangue-maker produce a
The
transient benefit, and then perish together.
merit, speaks to
read at
not a man,
by haranguing eloquently
as useful to his country as
in the Senate.^
[1809.
May
whole country.
thereby to embrace the in this
LIFE.
countries and
all
which would be, enjoy them both
ages
To
he produces flow on forever.
man who could
indeed, desirable to a
writer, if he have
and the benefits
;
feel sufficient delight in the
applause of his eloquence to counterbalance the pain which the cabals, intrigues, calumnies, and lies of the envious and malignant
would be sure and
to inflict
shall, therefore,
I
find reconcilable
my
with
futurity to the
end of
stand, take in
I
think
I
could never do I
;
can
happiness.
perusing these two pages, you
By
now
This
upon him.
attempt that kind of fame which alone
my
life,
my whole
adopted son promises you
may look forward through
and, from the point on
One
prospect.
which you
thing at least your
that he will transmit to his posterity
;
name of unblemished honor: and he flatters himself that in future time, they will look back to him as the founder of a a
This
race that will have done no discredit to their country. vanity, but,
can
hope, not vexation to your
I
be free
I
if
not with
that kind of love for
how
I
shall
you.^*
I
spirit
flatter
:
life
;
is
whom
myself that you have
me which would make you
conduct myself through
— for with
desirous of seeing
but since,
the ordi-
in
nary course of things, this cannot be, the next degree of enjoyment is to
see
it
by
anticipation, and for this
purpose
is
it
that
been trying to lead you to the summit of Pisgah, and
my
I
have
show you
promised land.
But enough of
it.
Your
letter gives a
view of the advanced
of parents not the most cheering that could be imagined. then, those children
although widely
:
you went
dispersed, are
perity and happiness.
always
whom
They
all
to
Kentucky
life
But
to live with,
in the road of honor, pros-
could not have remained with you,
They were to be estabyou should not have desired it. world; and you have the delightful knowledge that
lished in the
they are well-established. heart like
yours
!
What
Contrast
it
a feast
is
this
reflection to a
with the idea of their
having
always remained about your house, your daughters old maids, and your sons lazy old bachelors. You would have had their company,
FAMILY CONCERNS.
CHAP, xvir.]
267
company would it have been? And if idea that they were to be married and
indeed,— but what
sort of
you once admitted the I am sure you were not chimerical enough
settled,
they would
all
surrounding a
neighborhood so constructed, even such a construction. juster value
expect that
to
settle around Shiloh, like so many small bubbles I doubt very much the happiness of a large one.
1
for each
were reasonable
if it
to expect
incline to think that distance gives
meet, your
when you do
other, and that
you a
so in intenseness what in wants in frequency upon the whole, the sum of your happiness is pretty much
happiness makes up that
;
same.
the
But,
my
man with your
ever honored friend, any
—
practical
your children would marry, and that their own parental duties would force them to And how follow their fortune wherever she pointed the way. and thousands hundreds, of that with compared happy is your fate
judgment must have foreseen
millions of other parents.
How
many
No
child has ever
You bring down your gray
are there
who have
zing, soul-rending calamities,
" Yet
a father.
Illinois,
wounded
in
!
:
the honor
no daugh-
hairs with sorrow to the grave.
When
I
think of these agoni-
almost shudder at the idea of being
I
Providence
I trust."
had heard of Ninian's wish
I
that
have no reprobate son to mourn
of your house. ter's ruin to
this result
for the
governorship of the
from himself, and had wTitten to Mr. Madison
(whom
I
I know very well,) my worse know not whether the change of office is for the better or and am sorry to learn that you think it against reason and judgment. The office, I presume, will impose more labor upon him,
impression of his (Ninian's) character.
;
and be more likely to embroil him in quarrels and trouble.
But
be balanced by the power which he will have of providing for his children, and ushering them advantageously into will not these
life
I
?
am happy
He
matics.
hear that Cyrus has laid siege to the matheno doubt, soon be tired of it, and when he is so,
to
will,
he ouo-ht to turn to Rollin's account of his namesake's siege of Babylon, to see w^hat patience, enterprise and heroism can achieve is
;
and, though he
to result
may
not see at present the benefit which
from his labors, he will
feel
it
by-and-bye, when the
LETTER TO CARR.
268 arguments of Jericho
gaycty
before him like the walls of
fall
sound of the horns.
at the
my
By-the-bye, little
adversaries
his
[1S09.
in
wife
the federalists.
1
some of
the lines of your letter touching
my
her that, to
told
you took too gravely her
afraid that
is
pencilling
were
sorrow, you
a fede-
and that your observation could scarcely have been
ralist too;
intended to cover the whole of a party to which you yourself
The
belonged. sportiveness
some hopes
;
act was, as
and
that, in
Paul had with Felix
good republican.
shall
that
I
shall altogether
This will be the
down, by slow degrees, the
political asperities, as being
You know
much
to expect
Here I
is
I
have
persuade her to be a
however, of
effect,
which her parents gave her
asperities
sally of
it.
have better luck with her than
I
;
mere
related to herself, a
she begs you to consider
time,
together, and wearing
first.
it
in this light
made of
that
;
living long
federal
little
my own
to say, if
is
softer stuff,
do not give way
men have not beyond the pleasure of being vanquished. rencontres of this sort,
that in
another long and vapid
letter.
No wonder this time,
for
have written under the pressure of about ninety-six degrees of
My
heat.
wife and children unite with
E. and our brothers and
sisters.
you
to health, and preserve
to
me
Heaven
love to you, Mrs.
in
bless you, restore you
your family. Yours,
Wm. Wirt, to dabney carr. Richmond, December
My Dear I
have
this
moment your
favor of the 18th
thank you from the bottom of
They
21, 1808.
Friend:
are your very
self.
God
my
heart.
I
bless you.
inst.,
which
for
love your
You
me
give
I
letters.
great
pleasure.
Yes
!
— your brother Peter, the General and myself, had
})lanned a trip to
Washington,
you, and into which "
S soul, as
used to say
my
this winter,
brother the
of Patrick
soon as mentioned
;
which was
to
Governor,'''' Cabell, (as
Henry,) entered with
but you
indeed
embrace
know we have
all
old his
Burns' au-
HABITS OF BUSINESS.
CHAP. XVII.]
thority for saying that " the wisest
gang
aft
We
were
— too
Now
the field,
very
we
have come to the starling
my
materially, on
in,
pro-
engagements for the winter, and disable me from taking This is no in the spring, with the advantage I ought.
Our
fictitious obstacle.
set in to
that
would break
at the subject at a
discern the obstacles that
arrcat a distance to
find that the trip
fessional
and looked
at the Springs,
might oppose our design. 1
schemes of mice and men,
awry."
jrreat distance,
point,
2G9
do w
courts are, at length,
my
hat, to
shame,
up, and
all
I
have
— pre-
have never done before,
I
through the winter, for the combats of the succeeding
pare,
year, leaving nothing for future preparation, but future business.
Thus, our
first
court
me, take up
my
ment
before
in that,
that docket, and
come
the Chancery
is
I
:
my
lay
docket before
my
cause, and prepare the notes of
first
quit
I
it
;
every other
so, to the next, in
which
out, in the spring, as Billy
am
I
Pope
argu-
and so on through
Thus
concerned.
says, like a sarpent.
I
Is
not this an object sufficiently important to justify the declension
of the jaunt to Washington
Yet how
?
I
should enjoy
We know
from their distance.
who
who cope
those
at least equal, if not surpass
them
it
I
!
have
men loom larger
no doubt of the truth of your opinion, that these
with them, and
and even these are but
;
men.
No, my dear flatter
friend;
few indeed,
I
know you
are too manly and dignified to
and I know icw men, very whose judgments are so little liable to be truth, by prejudice and partiality. Yet, when
any one, much
less a friend
:
(if one,)
warped, from the
being of any peculiar importance to
you speak of
its
come known
to the great
men
of the nation,
I
am
me
to be-
lost in the
attempt to conjecture your meaning.
I
The course of politics is neither for my happiness nor fortune. am poor. While I continue so, it is my first duty to think of
my
wife and children, unless
gency, from which sibility
My
of which,
I,
it is
country were placed
redeem her
a rare, a very
:
in
an emer-
a crisis, the pos-
not very easy to conceive.
wafe says that she should feel
secure than in your hands are
my
alone, could
;
for, let
my
me
rare instance, in
safety no
where more
you (aside) that you which there is a perfect tell
coincidence in opinion, between her and myself, as to the taste
VOL.
1—23*
THE OLD REPORTERS.
270
my
and friendship of
make
associates,
M
have heard General
were
a complaint against his wife, that his greatest favorites
seldom
much
I
/ler's.
the same,
suspect
—
reason with both our wives,
tlie
some of our
to wit, that
tempt us into
occasionally, to
not the case witli you
is
I
[1809.
perate zone, and there
wife has seen, that
you never cross the
for
•,
greatest favorites are apt,
My
frolics.
pretty
is
this
line of the tem-
no mist of prejudice, therefore, between At the good qualities of qualities.
is
her judgment and your good
my
several of
other friends, she
is
obliged to look through the
smoke of cigars and the vapors of the grape ; a medium so impenetrable to her, that I cannot account for her having ever conceived a partiality for me, except by the obscurity with which I But, was thus surrounded, and the force of her imagination.
mark me, I am speaking only of past years. For, sir, I have made a large collection of old law reporters, with the plates of I see, the authors in front, Coke, Grotius, RoUe, Vaughan, &c.
who lived so shortly after ShaksCoke and Dyer who lived with him,)
from the faces of these men, peare, (and, indeed, of old
was painting from nature, in this, as well as in every other instance, when he imputed to these men of the It was, no law, "the eye severe, and beard of formal cut." doubt, owing to their recluse and austere life, and the intensity of that this great poet
that
their studies,
beard
same
they contracted this severe look.
effect,
me with
look to see
To
and muscles
I
bar the
produce the
to
little
fi.xed
to one
as marble,
next you see me.
be sure,
had two and twenty gentlemen, yesterday, eating
I
venison and drinking wine with me. renthesis; and,
because
I
I
am
rU
tell
is
more apt
it
altogether.
if
you what,
in
son
is
sir,
I
begin to
feel
beginning to read, and ;
my own
and
it
gives me,
eyes, to be
tiic
I
can
like
my
to
darken a
somebody
in this
daughter writes her
tell
you, no small con-
parent of two such children.
daughter a classical scholar.
What
Her
person
be unplcasing, and her mind may be made a beauty.
This
have a notion of making
do you say will not
was only a pamany of them,
not to extinguish
name very smartly sequence
this, sir,
think, with him, that nothing
My
world.
But
too well read in Blair, to admit
man's understanding,
I
is
razor eyes cast a
side, in all the severity of thought,
when
same cause
but, in oilier respects, if the
;
to
it
.''
She
is
my
quick, and has a genius.
ACRIMONY OF PARTY POLITICS.
CHAP. XVII.]
271
course of education will, indeed, keep her out of the world until she
seventeen years old
is
but,
;
think, so
I
much
the better,
—
for
I
would not wish her to be married under twenty, which, if she is attractive, would be very apt to be the case, if she enters the
What do you
world, as
is
Commune
with me, as a friend, upon
say to
all
this?
this.
should like our girls, four or five years hence, to be corres-
I
ponding not,
I
in
Does
French.
you are no father
My do
usual, at fourteen.
not your heart spring at this idea
my
to
If
.''
mind.
wife desires to be atfectionately remembered to yours.
and both of us to you,
too,
Greet your brothers kindly
Need
in
my
is
So rhyme unintended.
a
name, and
all
our friends.
you what you so well know, that
tell
I
—which
I
am, as ever,
Your
friend,
Wm. Wirt. These
letters indicate a settled determination, at least for the
present, to avoid the engagements of public
mon
with many grave and reflecting
men of
Wirt,
life.
in
com-
that time, often fell
desponding tone of remark upon the future prospects of The absolute ferocity of party politics at that day, the country.
into a
Never
alarmed them.
since that period,
perience upon this point
extreme of harshness
is
— although our
later ex-
not without abundant examples of an
— never have
political divisions
been attended
with so widely dilTused and so bitter a spirit of personal rancor
and denunciation.
In
the
artful
exhibitions
agogues, perhaps, the present generation
of talented
may be
dem-
entitled to claim
more pervading influence, than that which to which we refer, society was marked and separated by party lines than it
a greater skill and a
preceded
more
but at the time
it;
distinctly
ever has been since.
Considerate
men regarded
the people with anxiety and doubt as to
its
this
temper
ultimate eflect
in
upon
the institutions of the country, and they felt unliappy forebodings
of a catastrophe
which many believed not
public mind has since finding
how
dismissed
grown
to
be far
easily the ship rights itself after a
its
distant.
The
familiar with these tempests, and,
heavy blow, has
apprehensions and learned to look with confidence
LETTER TO EDWARDS.
272
[1809.
and composure upon the supposed dangers which
filled
the hearts
of the past generation with dismay.
Edwards, we
In the following letter to Mr.
ance of some gloomy misgivings as to the
fate
shall find the utter-
of the Union, which
may be said to express an opinion not confined to the writer. The first portion of this letter touches a question of educaticn which may be profitably perused by every youthful aspirant after professional success.
TO BENJAMIN EDWARDS.
*#*** Richmond, December
Mv Dear
Friend
22, 1809.
:
I think you are rather hard upon my brother Ninian, when you speak of the Quixottic schemes which he has carried to his
territory.
me
strikes
It
that
fellow
a
who
made
has
way
his
through the presidency of a Court of Appeals, to the government of a Territory, deserves to have his solidity a
of
I
suspect that the Knight of
achieved such adventures as those.
he will gain by the exchange, except (what has no need of) land
judgment that conduct. I
I
but he has displayed so
do not doubt motives exist
I
am
I
hear this
:
sorry
Cyrus
that
better thought
little
La Mancha would never have I own that I cannot see what
is
man every where spoken of
should suppose he
much soundness
deprived
of
McAllister.
as a prodigy of learning
and mental force; not very well qualified perhaps, for the struction of children, but highly so for the instruction of
men,
— and Cyrus
is
now
young man.
a
of
sufiicient to justify his
McAllister,
I
am
in-
young told, is
distinguished for the clearness and cogency of his style of rea-
What
soning.
genius
a treasure would such a
and enterprise
power of
analysis, the
and shewing
all
its
who was power of
parts
aims
at
eminence
to a
for
is
it
This
!
simplifying a complex subject, is
the forte of
the great desideratum of every
in the law.
fashion the drapery and put
young man of
the bar
clearly and distinctly,
Chief Justice Marshall, and
who
man be
destined
on
;
Genius, fancy, and taste but Reason alone,
sculptor that can form the statue itself
Hence
it is
is
man
may
the grand
that
I
have
EDUCATION.
CHAP. XVIL]
273
been so anxious for Cyrus to cultivate the mathematics
— not
the sake of being a matliematician, but to give to
mind the
his
for
I hope he will still be some situation where he may pursue this science. I would have him mathematician enough to be able to comprehend and repeat, with ease, by calculations of his own. Sir Isaac New-
habit of close and conclusive reasoning.
placed
in
Locke
philosophy.
says,
if
him read Chillingworth:
let
of the principles of natural
mathematical demonstrations
ton's
soner
you would have your son I
say, if
him read Locke. I think you will find that the matheLocke will put a head in his tub for, what you cennot, I apprehend, any defect in the faculty of memory, but
let
matics and sure
a reasoner,
you would have him a rea-
is
;
rather the inattention and volatility so natural to his time of
which there
for
As
to
is
no better cure than what
my country's
calling for
my
aid,
I
life,
am recommending.
you make me smile
come
!
— yet
you will find that your lectures on patriotism have not been lost upon me. Alas poor country what is to become of it ? In the wisdom and virtue of the administration I have the most unbounded confiif
such an improbable thing should ever
!
!
dence.
to pass,
My
apprehensions, therefore, have no reference to them,
nor to any event very near
at
hand.
And
yet, can
any man
who
looks upon the state of public virtue in this country, and then casts his eyes
upon what
federated republic
probable dissolution
is is
to
is
doing
last
in
for
Europe, believe that
ever.''
less than a century
this
con-
Can he doubt that its Think of Burr's ofi'.-'
conspiracy, within thirty-five years of the birth of the republic think of the characters implicated with him
and of the presses
political parties
in this
;
;
of — think of the — think of the state
country
;
execrable falsehoods, virulent abuse, villanous means by which they strive to carry their points.
Will not the people get tired
and heart-sick of this perpetual commotion and agitation, and long for a change, even for king Log, so that they may get rid of
demagogues, the storks, that destroy their peace and quiet ? These are my fears. Heaven grant that they may prove groundless It may be for the want of that political intrepidity which is their
!
essential to a statesman that these fears
my
mind
dismay.
— I
yet
am
I
have found their way
confess they do sometimes
fill
sure that the body of the people
it
is
into
with awe and virtuous; and
LETTER TO EDWARDS.
274 were they
[1S09.
as enliglitened as they are virtuous,
I
should think the
But they are not en-
republic insured against ruin from within.
lightened, and therefore are liable to imposition from the
knowing, crafty and vicious emissaries of faction
;
more
— and the very
honesty of the people, by rendering them unsuspicious and credulous,
They
promotes the cheat.
administration
in
is
are told, for instance, that this
French pay or under French
that this country, although nominally free,
and a province of France.
That
is,
the taxes
influence, and
in effect, a
dependant
which they pay
to
support their government, instead of being applied to these purposes, are remitted to their master in France, to enable
him
to
hasten the time of his taking
complete the conquest of Europe and open possession here. The people wlio innocence of the country,
who
live
amid the solitude and
read or hear this tale well vamped
up, and see general items pointed out in the annual accounts of
expenditure, which are declared to cover these traitorous remittances
—
wdiat are they to think
—especially when the
tale is con-
nected w^ith a long train of circumstances, partly true and partly false,
growing out of the actual embarrassments of the country.-' it be surprising, if, thus worked upon for four years, with
Would
the vile and infamous slander sanctioned
by
assertions on the floor
of Congress, they should precipitate Mr. Madison from the Presidential seat, and state.?
And
g^vay^" — "
place one of his calumniators in the chair of
then
^vhat
when "vice prevails and wicked men bear may follow," Heaven only can foretell.
ills
Yours forever and aye,
Wm. Wirt.
CHAPTER
XVIII.
18 10.
RESUMES THE PURPOSE OF WRITING THE BIOGRAPHY OF PATRICK HENRY CONSULTS MR. JEFFERSON ON THIS SUBJECT LETTERS TO CARR.— NEW ENGLAND ORATORY THE SENTINEL LET'J'ER TO B. EDWARDS DEATH OF COL. G.UIBLE THE OLD BACHELOR LETTERS CONCERNING IT.
—
—
—
In the lives of professional men, there
which
cident of that kind tive of the
biographer.
is
is
generally but
little in-
adapted to give interest to the narra-
The
pursuits of a student,
whether
the field of professional science or of literature, present
little
in
for
That notice beyond the record of his acquirements and opinions. engrossment of the mind, which constitutes the delight and profit of a life devoted to study, necessarily withdraws the student from an active participation in the
same
affairs
of his fellow men, and, to the
extent, deprives his career of that various fortune, of
the lights and shades communicate so
which
interest to personal
much
history.
We
progress of Mr. Wirt, a stedfast devotion to his profession, marked by a regular and continued advancement to eminence eminence which, it is apparent throughout his
have seen,
in the
—
career, he ting study.
was
persuaded was only
fully
All other pursuits Avere
to
be
won by
subordinate
unremitgreat
the
to
object of his ambition, a well-merited renown in his profession. In his estimates of this renown, and of the means by which it was to be fairly earned, he was guided by the example of those distinguished cient and
men who, modern
in the history
of the profession, both
times, had illustrated
it
by
in
an-
the highest accom-
The
bar of the United States, by no means deficient in the highest order of ability, aflbrds but few instances of that accurate and full scholastic training, without plishments of general scholarship.
which no man can be accomplished fession
jurist.
amongst
us,
said to
Looking
we have
be entitled
to the reputation
to the leading
too
much cause
members remark
of an
of the pro-
to
that,
with
RESUMES THE LIFE OF HENRY.
276
some rare and
brilliant exceptions, there is a
[1810.
lamentable want of
conversancy with those subsidiary studies, which not only grace the reputation of an eminent lawyer, but are even indispensable to it.
We
discern in
men of
the highest professional repute, a lack
of scholarship, a deficiency
philosophical and historical study,
in
and a neglect of literature and science, which contrast most un-
acknowledged vigor and capacity of mind. to the want of the means
pleasantly with their
This defect may be sometimes traced and opportunity, tinguished
early
in
men of
the
for elemental study.
life,
American bar have won
their
Some disway to fame
against the impediments of a straitened fortune, and in the priva-
may
In respect to these,
customary aids of study.
tion of all the
it
be said that their want of accomplishment bears honorable
testimony to the labors of their progress, and rather signalizes
what they have achieved, than they have inent
They
left
unattained.
members of
subjects
The
them
to reproof for
what
great majority of the most prom-
the profession, however, have not this excuse.
are men, for the most part, of liberal education, trained in
the college, with
all
the
means and appliances at hand for the That they have not availed
highest and most various cultivation.
we may
themselves of these means, to the fact, that the
community
attribute, in a great degree,
at large
do not appreciate these ac-
much weight
quirements sufficiently to allow them
in the
tion of the popular opinion of professional excellence
student
is
forma-
that the
not stimulated to these additional labors by any public
judgment of their worth, and himself, in his tional
;
that
he need not,
iherel'ore,
burden
preparation for his arduous race, with any addi-
weight of study.
of that fame which
is
His dream
to live
is
beyond
of popularity, rather than
his
own
day.
He
covets the
applause visibly bestowed in the listening forum, or more substantially visible,
manifested
in
the golden return, rather
remote and impartial renown, which
than that
settles, late
in-
and long,
upon the works and the memory of the ripe and polished scholar.
Something rapid and
due also
is
to
other causes
which we have so many examples. with
it
profit
mischief;
:
amongst these,
precocious advance to large practice
and popular applause,
first,
at
that
the bar, of
This early success, bringing is
often the source of a double
by satisfying the ambition of the aspirant; and,
second, by persuading him that nothing
is
to be gained, in the
CHARACTER OF
CHAP. XVIir.]
HIS STUDIES.
277
enlargement of his studies, to compensate him for the time subtract from
We
his business.
extraordinary predominance of
which
is
so
may
that
find
talent
miration of the masses for
;
must
in
the
public speaking,
for
The
remarkably characteristic of our people. this talent
it
another reason,
ad-
the ready plaudit with
which they reward that specious, fluent, superficial, glittering eloquence, with which they are most familiar, seem to have engendered the opinion, that even the depths of juridical science
be fathomed by
this
plummet of the
gift
honors of professional distinction, be
est
may
of speech, and the high-
won by
the
wordy
triumphs of the forum. Wirt's aim was to build up his reputation upon a more solid
To
base.
this
end,
he read and thought much,
in
those de-
partments of study, which not only liberalize the mind by broad
and comprehensive views of human knowledge, but also supply with the stores of illustration, analogy and comparison; and,
it
in
equal
degree, strengthen
deduction.
losfical
To
this
power of
its
discrimination
and
end, also, he habituated himself to
the use of his pen, and almost incorporated the practice of writing into a system of self-improvement, as a point of daily discipline.
In accordance with this plan of study, he had ever
some
project in hand, to which he gave a portion of his time. not,
however, always
literary It
was
pressure of his forensic engage-
that, in the
ments, he could gratify this purpose, without too large a sacrifice
of immediate personal interest
much
this
literary
scheme
;
but
we remark
in his letters,
engrossed his thoughts,
how
and beguiled
the severer occupations of his profession.
The purpose of writing a biography of Patrick Henry, which, we have heretofore remarked, had been contemplated, in connection with a work embracing a number of other distinguished men of Virginia, was now resumed. In reference to this design, as
Wirt wrote the following
VOL.
1—24
letter to
Mr. Jefferson
;
LETTER TO MR. JEFFERSON.
278
[1810.
TO THOMAS JEFFERSON. Richmond, January
Dear
Sir
18, 1810.
:
About four years ago, you were so good as to state that if the Life of Henry was not destined to conne out very speedily, you would endeavor to recollect what might be of service to it and that, having run your course with him for more than twenty years, and witnessed the part he bore in every great question, you would ;
perhaps be able to recal some interesting anecdotes. I do not refer to your letter as constituting a promise, or giving
me any manner
of claim on you.
and have merely reminded you of of
my
In
request.
statements which
recent and that
I
truth,
do not regard
I
so great
is
have received of his
I
in that light
apology for the renewal
as an
it
it
the inconsistency life
of the
and character, and so
the prejudices of his friends and his adversaries,
warm
my mind
had almost brought
to lay aside the project as
one
But every too ticklish for faithful execution at the present time. day, and especially every meeting of the Legislature, convince
me
that the
times require a
rendered so interesting
the biography of a celebrated
many much
man
better qualified to give
hear of no one
am
only, that /
who
is
discipline,
little
which cannot be
in a didactic form, as if :
interwoven with
and although
this
disposed to do
!
know very
discipline than myself, It
it.
is
I
for this reason,
so disposed.
Mr. Henry seems
to
patriotism and morals.
me a good text for a discourse on The work might be made useful
rhetoric, to
young
coming forward into life this is the highest men who point of my expectation ; nor do 1 deem the object a trifling one, since on these young men the care and safety of the republic must are just
:
soon devolve.
As
for the prejudices
treat the subject with so to
any one.
truth.
at this
I
and against him,
I shall
much may be avoided without
endeavor to
candor, as not justly to give offence
think this
a sacritice of
Of this, and consequently of the expediency of publishing time, I shall be better able to judge when the work is
fuiished; which, liealtli
for
of
my
I
hope,
it
will
be
this
family should again send
summer, unless the
me
a travelling.
ill
THE BIOGRAPHY OF IIRNRY.
CHAP, XVIII.]
much indebted to you, if, during the hope you are now enjoying, you could make it
should feci myself very
I
leisure
which
1
matter of amusement to yourself to
throw together,
as
may occur I
to
for
my
il
otherwise,)
use, such incidents touching
Mr. Henry
to you.
distinct
politician,
view of the
peculiarities of his character as a
and an orator
and points of his excellence
;
and particularly of the grounds
in the latter aspect.
would very much animate and enrich the biography
It
whom
lie
acted.
I
am
more especially anxious
the
of Mr. Henry in eloquence. Page say that he was the superior.
Will
this
not
be adding too .''
I
I
troublesome to you,
you
to decline
with
it
may
it
I
should be
to feel
suit
much more
Governor
late
which
to the trouble
beg you
of being an amusement, you
instead
for a portrait
have heard the
much
But
disposing of the whole request as If,
add to
understand that he was the great
I
rival
already seeking to give you
to
men with
a striking portrait of the characters of the eminent
of Richard H. Lee, because
in
would not wish
(I
never heard nor saw Mr. Henry, and am, therefore, anxious
have a
man, a
it
279
no
I
your convenience.
think
it
would be
sensibly obliged to
altogether than to encounter the trouble
:
since,
every wish for the peace and enjoyment of your future I
am, dear
am
difficulty
life,
sir.
Your obedient
servant,
Wm. Wirt. The
expectation of completing this Life of Patrick
Henry
course of the year in which this letter was written was not
The work
referred
to,
was not given
in
the
fulfilled.
to the public until several
years afterwards.
AVirt had projected a visit with friends, to
Dabney Carr and some other Washington, during the session of Congress, " to see amuse themselves by an intercourse with the He was, however, obliged to forego this was meant to be, and to remain at home, with an
the lions" there, and
magnates of the nation. frolic,
eye
— as
it
—
which was now rapidly increasing, very much of his purse, though not in the same degree to thj
to his business,
to the benefit
promotion of his comfort. following letter
:
In reference to this trip he writes the
— LETTER TO CARR.
280
[1810.
TO DABNEY CARR. Richmond, January
my
Yours of the 9th,
me
dear friend, reached
undouhtedly an eloquent
letter, for
put
it
me
19, 1810.
last night.
It
is
exactly in the state
of the twelve signs of the zodiac that surround the pedestal of the sleeping Venus, at Monticello
beginning to end than
which
;
is
if it fitted Aristotle's
It is
it
begins our Court of Chancery day,)
till
My
August.
it
square
about
in vain to sigh
;
was
a smile and
a tear, from
better proof of the merit of the letter in
every part.
;
go
;
and then
In ten days more,
cannot.
I
I
have no rest (not for a
scheme of winter's preparation has been
a good deal unhinged by a spell of sickness, from which
recovering
without This,
;
but
I
shall
I
suppose, will find you all
not gone on
one
;
just
they
I wish you may John Randolph has
Washington.
in
the enjoyment you anticipated.
;
and to hear him speak was the primum
Peter's project and mine. :
am
profit.
meet with
dolph
I
not suffer the vacation to pass entirely
tell
me
that
for I never yet
he
I is
am
viobile of
very anxious to hear John Ran-
an orator, and
heard a man
who
I
am
curious to hear
answered the idea
I
have
formed of an orator.
He
has ever been ambitious, and
do not doubt that from the
I
time he was seventeen years old, he has been training himself,
most assiduously, for public speaking. mind, and that
He
has formed himself,
I
Chatham but the vigor of Chatham's god-like fire which breathed from him, were not to
lancy, on the model of
;
be imitated.
By-the-bye,
I
think this business of imitation always a badge of
inferiority of genius
;
most frequently an injudicious business, too
since the imitation has generally
other eiTect than to remind
little
the hearer or reader of the superiority of the original.
*
*
God
* bless
*
*
*
you forever and ever,
Wm. Our
New
England friends
will smile
at
the
Wirt.
account given
of their oratory, in the following extract from another letter to
CHAP. XVIII.]
OPINION OF
Carr, written,
I
soon after the
NEW ENGLAND ORATORY.
have reason last,
suppose,
to
—
and whilst Carr was
it is
without date,
Washington.
in
New
made of
not say that the estimate here
for
281
I need England eloquence
and character, was rather an echo of the absurd prejudices then current
We
the South, tlian any deliberate opinion of Wirt's own.
in
no man was either more able or more
shall find hereafter, that
willing
do
many
Northern them may be noticed to show to what a ditlcrent point of the compass the opinion of forty years ago turned, upon the topic of this letter, from what it does now. to
full
brethren than he.
the
justice
to
In the
mean
virtues of our
time, this sketch of
TO DABNEY CARR.
"•I
you
fear
New
the
will find but little
Englanders.
I
that Callender has, at
amusement
least,
manner high enough when,
in
colored
the formal cant of
the heart without ever entering
impression which
I
but
;
I
suspect
the picture of the national
drawing Dexter he says,
ter has a great deal of that kind of
"The
in
never heard one of them
'
Mr. Dex-
eloquence which struts around
it.'
have received of them
is,
that they
are trained, like the disputants in the old schools of logic, to be
equally ready for every subject
with equal volubility ing,
;
— but
:
that they
that there
nor consequently of expression
can speak on any one no more variation of feel-
is
in
them, than
in the
brazen
mask which covered the face of the actor in Rome. That they are a cold, and at the same time, cunning people, who envy the genius and generosity of a southern climate, of which they have but little
conception
;
that they are clannish
breeches, and smell of onions and train
that they
;
oil
;
that they
wear
leather
have a nasal
twang, and a provincial whine which give them, to a stranger, the air of artless simplicity, while, at the ful
enough
With
to cheat the devil.
all
same time, they are
much of
this
creed
art-
is true.''
Wirt's disinclination to embarrass himself with the
duties of public station,
he was ever ready
political contest in defence
VOL.
How
1—24*
to enter the field
of
of his friends or the party to which
!
THE SENTINEL.
282 he was
To
attaclied.
both of these, he had, more than once,
rendered most effective service, and
men
quarters, and especially from the distinguished
all
He
behalf he had labored.
whose
was acknowledged by which he heard expressed
this
the public in the popular approbation
from
[ISIO-
one of the
had, as
to reprove that attempt to
first
we
in
have seen, been
produce a schism
in the
republican party which, in the then recent presidential contest, had divided the friends of Mr. Madison and Mr. Monroe ; and the letters of
"One of
through the
the People," had a very extensive circulation
The
state.
authorship of those letters, although not
world, was every where well known, and gave
confessed to the
the writer a conspicuous
to
position in his party.
occasion was presented, during this summer, to bring him
An
Mr. Madison's administration was Some of the protestors of 1808
once more before the public. assailed with great asperity.
were
in
open war against
harshness, nor
its
it,
and political hate had lost none of
industry in the tactics of assault.
To
its
breast
opposing force of querulous denunciation of Mr. Madison and his friends, Wirt published a few essays with the title of " The These papers were written in a different style from Sentinel." this
his
were more free of that ambiwhich may be noticed in some portions of the His object in this change of style of One of the People.
former political compositions
;
tious declamation letters
was
to mislead the public as to the author; but the public, accus-
tomed
to the flavor of his pen,
were not deceived by the assumed
became as well known for these essays as for the "I hope I shall be prudent some time or other," he says former. in a letter to Carr, " though I sometimes doubt whether my disguise, and he
scribbling so 1
am
much
for the
in the
myself
to subject
portrait of
to
papers
is
an evidence of
some personal
Randolph.
I
should
being treated as candidly as he has been of
me
man
care for that
'
We have,
in
own
me
they maul
in a different style.
said, about being called
career,
the young.
'
Billy
'
it.
suppose
I
reflections in the press
;
have no objection but
when they
to
lay hold
But as Bullock's country-
before the Governor,
'
I
did
n't
" the letters of Wirt, occasional reflections upon his
which are particularly adapted to the instruction of He seems to have been moved, at many periods of
bis life, to record in his letters the results of his experience in the
LETTER TO EDWARDS.
CHAP. XVIII.]
difficulties it
283
he had encountered, with some conviction that he owed warn and guard them against the
to the rising generation to
dangers which
experience had taught him were so greatly to
tliat
Tiiese frequent passages in his letters, as well as the
be dreaded.
general scope and aim of his literary compositions,
may be
said to
somewhat conspicuously in the character of the Friend Instructor and of youth, a title which I am happy to find has been more than once recognized by the young men of the United States, in the formation of societies bearing his name, and whose pursuits are directed to the course prescribed by his inculcations. A few extracts from a letter to Mr. Edwards, at the period to present him
which our narrative has arrived,
will be read as an illustration of
these remarks.
TO BENJAMIN EDWARDS.
******* Richmond, May
My Dear I
and Revered Friend
have, indeed, great cause of gratitude to Heaven.
say that Providence has led me, but that,
and rebellious propensities of
8,
1810.
:
my
nature,
in spite it
I
will not
of the reluctant
has dragged
me from
obscurity and vice, to respectability and earthly happiness. In reviewing the short course of
made plunges from which
it
my
raised, and I
trust that
my
feet are
in idleness
and
folly.
I
;
now upon
never cease to deplore the years of
dered
me me
to
than a divine hand could ever have raised I
my
can see where
life, I
seems clearly
I
that nothing less but,
I
have been Yet, can
a rock.
youth, that
I
have mur-
can only fancy, with a sigh of un-
which I might have made, had 1 devoted to study those hours, which I gave up to giddy dissipation, and which, now, cannot be recalled. I have read enough to show me,
willing regret, the figure
dimly and at a distance, the great outline of that scheme of literary I it was once in my power to fill up in detail. have got to the foot of the mountain, and see the road which
conquest, which
passes over too late in
its
summit, and leads to the promised land
life for
me.
I
must be content
hither side, and point out the path to
these sentiments either
to
a
to lay
my
weak and
son.
;
but,
it is
my bones on the Do not charge
spiritless
despondency,
REVIEW OF THE PAST.
284
paratively, is
mean, as
I
will
it
rather too late
when he
cially
know
good deal may yet be be done yet, combe but a drop in the bucket. Seven and thirty for a man to begin his education; more espe-
or to sluggish indolence.
done, and
[ISIO.
I
far as
I
that a
can, that
shall
it
;
hampered by the duties of a profession, and,
is
age of the world, when every science covers so much
in this
ground by
men!
What
itself.
Yet there
will understand or believe
it,
my
until, as in
when it is too late. I now and weak places of my mind.
case,
I know all know which of the
think that
the flaws
I
muscles want tone and vigor, and the point of health.
I
also think
fixed
is
upon a
call
I
would have brought them
functions in harmonious concert.
mind
;
who
comes home
it
to the heart,
training
young
a spur should this reflection be to
scarcely one in ten thousand of them,
is
which are braced beyond
know what all
course of early
perform their proper
to
But now the character of
my
and as to any beneficial change, one might as well
who
tailor,
has sat upon his shop-board until the
calves of his legs are shrivelled, to carry the burthens of a porter,
or upon a man, whose hand split hairs
with a
little
as
with regret,
at
will
it is, it
probably remain,
I
my
litical
honors, that
which
I
may
I
have
You
said, that I
will
do me
am
sighing
those distant heights of political honors which
vice or virtue of
faculties,
from what
infer
beyond my reach.
my
violently shaken with the palsy, to
accession, perliaps, of knowledge.
you
injustice if
is
Such
with a razor.
do not know whether nature, but so far
I
am
I
to
consider
from sighing for po-
pant only for seclusion and tranquility, in
enjoy the sweets of domestic and social love, raise
by assiduous
cultivation, to their highest attainable
point, and prepare for that state of future existence to
Nor should I propose such solitude, to forget what I owe to my country trary, I think I could be much more solidly useful,
know
tion,
that
I
am
hastening.
you ever hear of
may
rely
upon
it
my
that
this life
I
scarcely possible.
am
is
1
I
I
:
on the con-
in that situa-
of sequestration and peace, that
having entered on a political course, you
it is
a sense of public duty.
cause,
which
to myself, in
So strongly are my
than in one more public and active.
hopes and wishes fixed on if
lie
as a
it
a painful and heart-rending sacrifice to
hope, and trust that such an emergency sure that
it
is
very improbable
believe, there will always be those
who
are
much
;
be-
better
COMMON DEFECTS OF EDUCATION.
CHAP. XVIII.]
qualified for public
them than
I
offices,
285
and certainly far more anxious for I think our country is, at
At the same time,
am.
present, very badly supplied with materials for future legislation
and government.
I
cast
my
eyes over the continent,
in vain, in
There seems
quest of successors to our present patriots.
to
me
a most miserable and alarming dearth of talents and acquirements
among
the
young men of the U.
and endeavored to
fill
S.
I
have sometimes
sat
down
the various offices in the government with
drawn from those who are made known to us, either But so far am I from finding, among personally, or by fame. that I cannot even find persons president, them, a man fit for a What has become of the tadepartments. fit for the heads of characters
lents
of the country.^
Are they
merely slumber; and does like our revolutionary
myself, think that
it
it
utterly
extinct.?
Or do
they
require another great convulsion,
war, to rouse their dormant energies
proceeds, in a very great degree,
Our
gether, from defective education.
if
I,
.?
not alto-
teachers, themselves, either
want learning, or they want the address necessary to excite, into Young men are every vigorous action, the powers of the mind.
where turned loose, in the various professions, with minds half awake, and their surface merely a little disturbed with science. This is not the way great men have been made, either in Eu-
*******
rope or America.
As long
as this system
is
pursued,
we
shall
never have any thing but political quacks.
You
will
no doubt have seen,
have suffered
in
Robert Gamble.
in the
public papers, the loss
the premature death of
my
we
wife's father. Col.
In the full enjoyment of health and strength, of
uncommon mental and corporeal
vigor, in
perous pursuit of his business, his children
the active and prosall
established, sur-
rounded by his grand-children and an extensive circle of sincere and fervent friends, and with the fairest prospects of earthly hap-
him on every hand, he was suddenly killed, on the morning of the 12th instant, by a fall from his horse. He was a faithful soldier of the revolution, a sincere and zealous
piness opening around
christian,
one of the best of fathers, and honestest of men. Yours,
Wm. Wirt.
^
DEATH OF
286
The
COL. GAMBLE.
[1810.
portion of this letter refers to an event which de-
last
prived the society of
Richmond of one of
its
best
members.
Colonel Gamble had served with credit, during the revolutionary
war, and engaging amassed, as
siderable fortune in
loved by
in
we have
all
character by
commerce, soon
its
termination, had
lived honored
Richmond, where he
who knew many
after
heretofore had occasion to remark, a con-
and be-
him, illustrating the benevolence of his
acts of kindness and charity to those around
him.*
The
succeeding letters will show that the occupations of the
courts, to
which some amusing reference
is
made, had not blunted
the edge of the writer's literary appetite, nor entirely deprived
him of the
leisure necessary for
its
indulgence.
TO DABNEY CARR. Richmond, September
My Dear
though
Brigg's it
will
is
really a hard case
be irregular,
He was
born
in the
;
and
I
will endeavor, al-
to introduce the Court of Appeals to
more intimate knowledge of *
9, 1810,
:
received, in regular course of mail, your favor of the 27th
I
ultimo.
a
Friend
it
than the records will furnish.
neighborhood of Staunton, where his father, an emigrant
from Scotland, possessed a good landed
estate.
At
the breaking out of the war, he
who
entered the service as a subaltern officer, having just married a Miss Grattan, had, at an early age,
come with her parents from
Ireland, being remotely connected
with the family of the distinguished leader of the Irish Parliament of the same
name. chant
Col. in
Gamble served until the peace, and then established himself as whence he removed to Richmond. Here he lived in the
Staunton,
a mer-
enjoy-
ment of an elegant hospitality, and in intimate association with that circle which was made up of Chief Justice Marshall and his contemporaries. He was in the habit of riding every morning to his counting room, from his residence on Gamble's Hill, as it is yet called in Richmond. He thus met his death. April 12th, 1810, he was riding at a leisure pace down one of the streets, near the river, reading a newspaper, and giving but
happened that some buffalo was passing it his horse took fright, started and threw him, which produced concussion of the brain, and terminated his life in a few hours. He was then in his fifty-sixth year. He left behind him two sons, who now are both living in Florida, gentlemen deservedly esteemed for their personal worth, and two daughters, with whose history the reader little
attention to his horse.
It
skins were thrown from the upper story of a warehouse, as he
I3
already partially acquainted.
;
**## LETTER TO CARR.
CHAP. XVIII.]
My
was rather too thick
ink
thinned
Wliy
my
and mended
it,
yes,
sir, as
pen;
you say,
287
with pleasure, so
to write
— and now,
sir, iiere's at
have
I
you.
a pleasant thing to lead the life
it is
of a county court lawyer; but yet (as one of Congreve's wittol squires said,
when
and called
pleasant) "
it
be kicked,
his guardian bully suffered himself to
a pleasure
it is
would
I
as soon be with-
doubt not that your sum of happiness is as great, if not greater, than if you were a " general court lawyer," as the
Yet
out."
I
phrase used to be.
Those same man,
at
he does
returns that you speak of
such times, live as much an hour or a day
in
— My God
Does not
!
a
a minute as, in ordinary times,
in
These are the breezes of which
.''
poets and orators sing and say, that they shake the atmosphere of life,
and keep
life
would be
you were
it
from stagnation and pestilence.
himself
is
know
the
in
who
the circle of his family,
made more conscious of
way
that yoiir
yet, I imagine that there
:
which
in
I
if
no
does not
separations.
reconcile myself to them
though not a county court lawyer, at
is
that happiness, and his feel-
enjoyment quickened by these occasional
ings of
This
home
to live forever at
man, however happy find
I
no danger of stagnation or pestilence, even
in
this present,
I
;
since, al-
am doomed
to
these separations as well as you.
As
and fatigue which you undergo,
to the labor
which you derive from
health
it,
—look
at the
and the consequent clearness of Besides,
brain, and capacity for happiness.
mark
the majestic
which you exhibit, in spite of all your exercise, and con" what a thing you would be if you were bloated," as Fal-
obesity
sider
statf says,
When
— by
I
inactivity.
think of the mountain scenery, the fine air, the society
of nature, in Albemarle,
being doomed, by
my
I
am convinced the
nativity, to
life
of a wandering Arab,
would have rolled me through Richmond, Norfolk, and back here again. suade myself that
I
am
Even now,
stationary
;
prised, ten or fifteen years hence, (if in
some
valley,
among
But, to return to
say you,
to
Williamsburg, to
I
can scarcely per-
and, should not be at I
my
that nothing less than
all
live so long,) to find
sur-
myself
the mountains of Pennsylvania.
tlie
life
—" You ought not
of a county court lawyer. to
wish
to return to it."
—
I
(" Sir,"
hate a pun:
LITERARY ASPIRATIONS.
288 So,
Mons !) What to covet, the
most
I
object to
corporeal labor to which
meaning of a pun, of course, they puzzle one!)— but the to the fatigue of the mind,
— (Curse these
life
it
Our
ought
I
subjects one, (not
interlineations,
of a county court lawyer
we
do suppose that
I
oppressed than you are.
how
for, as
;)
much more now
are
courts, for example, have
have no more intermission from labor, not even The iew last days of until about Christmas.
we
begun, and
very thin^
for, is the
it
[ISIO.
during the Sabbath,
December and from the
first
Even
again.
month of January, belong
the
of February to the the intervals
first
to
of July,
between these
us; and then,
we
are slaves
we were
sessions, if
wise, ought to be devoted to preparation for the ensuing campaign,— so that it is literally by playing the truant, that we have a
day of
rest
Now,
from our labors. think of this, and
sir,
remember
that
it
me you
on
is
would pack the labors of " the Sylph," because you are too busy. ProI much fear the Sylph is doomed never to see the light. fessional labors thicken around
me this fall, and it will require the my part, to keep pace, even with
most intense application, on the progress of my little name.
This prospect does not cheer
waves were closing over my head, and cutTo be buried in law for ting me off from all that delights me. eight or ten years, without the power of opening a book of taste me.
1
feel as if the
for a single
day
!
for that wealth that
"
O
horrible
!
horrible
would enable me
the fields of general literature, as
to
whim
!
most horrible
wander
at large
!"
O
through
or feeling might direct,
weeks, and months together, and thus to lighten and refine my mind and heart, until I became a tant for those brighter fields of light that lie above us for days, and
raise, enfit
inhabi-
!
Do
that a fellow, after xcrangling
you think
and crangling,
(as
Daniel Call says,) for twenty or thirty years on this earth, is fit to go to Heaven ? Don't you think he would be perpetually dis-
by putting cases of law, and that he would want of a dispute ? If so, well may it be unto you, ye lawyers !"—The which " wo," I think it
turbing the inhabitants
be
miserable for the
said,
"
mio-ht
Wo
be wise
in us to interpret,
from our wicked
labors.
quadrupedantically, and cease
But what can
we do
.?
"Aye !— there's
the rub that makes calamity of so long life ; that makes us rather bear the ills we have, than fly to others that we know not of."
ANCIENT AND MODERN ORATORY.
CHAP. XVIII. 1
But more of this anon.
For
the present, with love to
and your children, not forgetting Frank, adieu. wife
is
gone back
to CabelPs,
289
—
I
am
Mrs. C.
alone,
— my
but, nevertheless,
Your
friend,
Wm. Wirt. to dabney
c
arr.
Richmond, December
Mv Dear
A
Friend
introduced by Blackburn to
bill
Judges
increase the
made
the Court of Appeals, has been
in
17, 1810.
:
number of
the order of
this day.
This measure, immediately
;
I
but
apprehend, consider
I
is
too important to be disposed of as the harbinger of all the great
it
measures of the session, and the signal for debate.
recommend week, or
am
1
now
it
than
we have had all
for several years.
;
young men our system of education
How
much.
little
we
have a better House Those who make it so young men, except Col. Monroe and of
point of abilities,
that, in
must, however, be the
would
by Sunday.
at all events,
told
I
to you, therefore, to be here in the course of this
does
it
resemble a
Can you conceive any pleasure
is
too defective to expect
Roman
senate
superior to the enjoyment of
hearing a debate, on a great public measure, conducted by such
men
—
compeers; that pleasure which he has left us such What stores of knowledge had those men, brilliant specimens what funds of argument, illustration and ornament, what powers of persuasion, what force of reason, what striking and impressive as Cicero, Cato, Caesar, and their
which
Sallust so often tasted, and of .''
—
yet each speaker what articulate and melodious elocution distinguished him from marked with a character of his own, which action,
all
!
the world,
— the sportive
amenity of Cicero, the god-like dig-
nity of Cato.
How
interesting
must
it
have been, to
listen to Julius Ceesar,
and watch the sly operations of that ambition which he must have
curbed with so much
difficulty
!
I
think
us that Cicero said of Cajsar, " that
with so 25 VOL. 1
his locks
—
much
it
is
Plutarch
when he saw him
who
tells
adjusting
care, he could not help regarding
him
!
LETTERS TO CARR.
290
[ISIO.
with some degree of contempt, as a fop and a
Irifler
he heard him speak, he trembled for his country to
tliis
!
;
when
but
" or something
effect.
Rome, how little does any House some years past resemble the House in which Jefferson, Pendleton, Henry, Richard H. Lee, Wythe, Bland and others were members or the Convention which ratified the Constitution or the Assembly of '99-1800, in which Madison, Giles, John Taylor of Caroline, Brent, Swann, Tazewell and Taylor of Norfolk were members But, without going back to
tliat
we have had
for
;
;
Yet, without any extraordinary prejudice
we have
appieliend that
I
matched at
a
Roman
Rome, seems
man
senate, as
accomplished,
And when
a
at
all
favor of antiquity,
never yet, by any of our Houses,
a
lohole.
The
have been such a one as
to
in
system of education
young
to turn out every
points, for the service of his country.
young man was emulous of any thing extraordi-
nary, he visited and received the instructions of every foreign
— we see the — and thus extracted and mingled the sweets of
school distinguished for science or eloquence,
example of Cicero,
as
in
every exotic and indigenous flower.
When
young men ever take these pains
will our
suade myself
notliing is necessary
tliat
but
a
For
?
per-
1
general exertion,
" a heave together," aided by a judicious course of education, to
make
the people of this country equal to any in the world,
ancient or modern. In the {t\Y instances of eminent exertion a
which have occurred,
weight of mind has been attained which has rarely,
surpassed
that
;
is
which was aimed this exertion has
to say, the exertion has at
— knowledge,
strength,
if
ever, been
produced the discrimination
never been pointed with such success
effect ;
but
at the art
of public debating, as to bring us near old Rome. I
the
see, in
last
number of Rees' Cyclopaedia, a remark
extracted from Thilwairs Lectures on Elocution, which seems to
me very
just
:
he says that our inferiority to the ancient orators
what we say, but in the manner of which includes every thing that relates to
consists not in the substance of it
—
that
is,
in elocution,
the delivery,
more
particularly the articulation and intonations of
the voice, together with the time, as musicians call
it.
ancient and modern oratory.
CHAP, xvrrr.]
To
purpose, what engines were tlie public schools of elothe Romans, and still more, perhaps, the extempora-
this
quence
291
anions,^
neous lectures of the travelling philosophers from Greece
What
!
whetstones to the emulation of young men, the splendid examples of rhetoric which tiiose philosophers were every day exhibiting,
Comand the raptures of applause with which they w^ere heard every is low dull and how these, as pared with such incentives !
we
thing
!— a
see in this country
jig
upon the banjo of an ash-
covered negro, compared with an anthem on Handel's organ well I am still of the opinion that an extemporaneous lecturer, men of young the for fitted for the office, might perfoim ^vonders entliuhis if done, What might not Ogilvie have this country. !
siasm had been backed by the genius and mellifluous eloquence of Plato It
away
taken in a
that experimental
true
is
Roman
the themes of the
very great degree
ethics, politics,
;
philosophy and revelation have
as
remain
in
physics,
Parson Waddell,
!
betrayed into an essay, when
am
I
still
Think of such a man
&c.
the master of a school of eloquence
Here
and Grecian philosophers,
but themes enough
down
only sat
I
to an-
was time for you to come hither. It is well enough, however, to keep down your expectations, and prevent such another disappointment as you experienced last nounce
to
you
that
I
thought
it
winter at Washington.
Some
years ago, Ritchie
drew
a character of Tazewell, in
which he accounted for the deficiency of the State Legislature by saying that all our talents had gone into Congress. What Avould he be able to
with him from
Houses
We we I
?
tell
Richmond
But enough of
shall
an observer, now, to
who
Washington, so
should travel
as
to
see
both
this.
look for you about Friday, and thenceforward
till
see you.
expect Peachy also; and Billy
same
time.
He
Remember
is
full
Pope
is
to be in
town
;
and give
my
at the
of anticipation.
us aff"ectionately to Mrs. C.
love to
your brothers.
Wm. Wirt.
—
!
LETTERS TO CARR.
292
[1810.
TO DABNEY CARR. Richmond, December
Mt Dear
Your two
were brought me
favors of the ISlh and 20th
day morning-, while
we were
that
24, 1810.
Friend:
And
at breakfast.
not to see you until the
3'ester-
although the intelligence
10th January w'as a draw-
******
back, to which
I
am
but especially the
I
not yet reconciled,
I
read both your letters,
with unusual pleasure.
last,
immediately announce your day, both to Pope and
sliall
Peachv.
The
author of the essays on the United States Bank,
intimate friend of mine, and one
who
is
is
a very
very strongly disposed,
and anxious
to be equally intimate with you. It is Richard E. Parker, the Judge's grandson, a captain of horse in our legion,
who
Charleston.
fell at
He
is
a fine
fellow, although there
As
striking to a sfranger.
popular.
— and a nephew of the Colonel Parker
#•****
infandwn renovare dolorem
He
spoke
his
a
member of
mind, on
all
nothing in him very
is
the
House, he was not
occasions, without reserve,
and was constantly treading on somebody's corns. He wanted experience to give him the allowable policy and insinuation of a popular speaker. But I think his pen promises to be a very fine
******
He
one.
is
studious, emulous, and
is
already,
I
think, a versatile
and graceful writer.
He was
with
me
the other evening, and
imparted to him our
I
project of a series of moral and literary essays, with which he
was
delighted, and agreed to contribute, provided
I
would
sit
at
the helm, to preserve the unity of course and character, and ex-
punge, alter or reject, any thing
meet
my
approbation
;
lie
a circumstance
should send which did not
which
I
mention as mark-
ing his modesty and discretion, and as giving you (since
you do not so well know him,)
tliat
my
pledge,
your co-responsibility
with me, will not be increased by such an auxiliary. I
he
mentioned to him, that you and Frank would contribute, and is
very anxious to
know you
both.
I
will
endeavor
to
have
PROJECT OF THE OLD BACHELOR.
CHAP. XVIII.]
him
Richmond wlien you come down
in
gone home
;
293
for, at present,
he has
Westmoreland, enraptured with the scheme, and has promised that I shall soon hear from him. Before he went, we agreed, for the reasons which I believe I to
— the too palpable
want of community of that the Sylph So I have hit upon another, the Old Bachelor, of see two numbers, by the same mail which carries
suggested to you, character and
would not do. which you will
fiction,
and unmcinageabiUty^
interests,
—
this. I
like
the plan myself, much.
composition lor, will
and
;
I
It
gives scope for
think, the adopted children of the
all
sorts
of
Old Bache-
enable us to interweave something of a dramatic interest
with the work. I shall
assign the
to Parker.
How
Niece.
wish you
I
young doctor to Frank, and the young lawyer I will manage the Old Bachelor and the
You and
do you to
like
bring
it,
and the beginning numbers.''
down
the Sylph with you, and Frank's
essay upon Doctor Rush's opinion about the inferiority of in the
form of
a letter,
the key-note of which he will see in the third number.
have the
air
women,
addressed to his Uncle the Old Bachelor, It
need not
of being intended for publication, but of being a letter
written to his uncle in the ordinary course of correspondence.
Your story of Polemo and Xenocrates, affected me almost to You tell it exquisitely, but they were tears of pleasure. and beat both Boyle and Valerius Maximus, the original reporter of the story, out of sight. I shall have it in the Old Bachelor. It will make a brilliant catastrophe to an essay on temperance. I am now going to take a liberty which nothing but our old and fraternal friendship could justify. Y'ou have powers, of which you do not seem conscious; powers which require but a little extears
;
ertion,
on your part,
the distinguished
to unfold
men on
them
to the public eye, in the
the continent.
If
van of
you would devote
your hours of rest from your profession, to science and literature on a bold scale, and practice your pen
in
composition, you would
soon burst from the shell of your district, and take the station for
which nature designed you.
Neither Voltaire nor Marmontel ever told a story better than
your Polemo.
I
mention them, because
striking resemblance
VOL.
1—25*
I
think your pen bears a
to their ease, volubility, and sprightliness.
THE OLD BACHELOR.
294
O how
would
!
greet
it
my
trumpeter on
your arm, and
soul, to lay hold of
same Temple with the female summit, with wings expanded and on the last
you up the steep,
travel with
[1810.
its
to that
tip-toe of flight, to speed her news.
You know me tary, or
my
They
compliments to myself.
are from
inmost soul, and proceed from an earnest desire to have you nature has formed you capable of being.
that
all
too well, to believe these remarks complimen-
as fishing for
owe
memory of
too, to the
it,
and who,
if
the
I
think you
man whose name you bear;
he had lived to the ordinary stage of
would
life,
not have consented to expire in a corner, in obscurity, and leave
no trace of that name on the
When felt as
I first
knew
you ought
rolls
of Fame.
you, about fourteen or fifteen years ago, you
do on
to
tiiis
subject.
Fluvanna, have almost extinguished the us see self,
if
we
cannot rekindle
determined, at
least, to
ments of the mind, which indeed, to begin
matics after forty.
That
me
is
in the
vain, let us
fear Louisa and
I
Let
am, my-
spare no exertion for the improve-
I
is
all
I
Old Bachelor.
have too long wanted.
but both Scaliger and
;
tune as would give since this
it
But
generous spark.
some
my
Hobbes
consolation.
O
time to spend as
do the best we can, and
It
is
late,
studied mathefor such a for-
!
please
I
let us
!
But,
endeavor
to
stimulate our countrymen to surpass us.
The man who
could rouse this nation from the indolence and
lethargy of peace, and spur them on to put forth
would deserve Tell
me
that
Our
me
that
all
their powers,
a place in the bulletin of to-morrow.
you do not take these personalities amiss, and
you take me love to you
at
my
tell
word.
all.
Wm. Wirt.
CHAPTER
XIX.
1811.
THE OLD BACHELOR —CONTRIBUTORS TO IT— CHARACTER OF THE WORK AMUSING CORRESPONDENCE BETWEEN WIRT AND CARR IN REFERENCE TO IT.— CARR'S PROMOTION TO THE BENCH THE POST OF ATTORNEY GENERAL VACANT WIRT SPOKEN OF.— HIS THOUGHTS UPON IT.— LETTER TO HIS DAUGHTER.— EMPLOYED BY MR. JEFFERSON IN THE BATTURE CASECORRESPONDENCE WITH MR. J. IN REFERENCE TO DUANE.— MR. MADISON AND MR. G.\LL.\TIN.
The
letters
given
publication of " title,
the last chapter, have reference to the
in
The Old
were commenced
The
Bachelor."
essays, under this
November, 1810, and were continued
in
We
during the greater part of the succeeding year.
have had
frequent occasion to notice the strong inclination of Wirt's mind for
literary enterprise.
orable to himself in this
The hope way,
his
of achieving something hon-
letters
shew
us,
was
the pre-
vailing fancy of his meditations, and his pleasantest dream of the
we have remarked of self-discipline scheme also, was a prominent observance may remember, had reader the which, The Rainbow and study. more recently sucwas years ago, employed his leisure a few future.
Exercise
in
literary
composition, in his
—
ceeded by an enterprise of the same kind, the publication of some essays, under the title of " The Sylph," of which but a few
numbers had seen the better-considered and
light, before they were abandoned for the more mature scheme of the Old Bachelor.
The Old Bachelor reached
thirty-three numbers.
It is
a series of
somewhat after the model of the Spectator, and other works of that class, which once ob-
didactic and ethical essays, put together
tained such attractive popularity in English literature.
too
much
to say of these essays, that
tliey
It is
not
may be compared,
without disparagement, with the best of those of Addison and The Old Bachelor was originally published in the EnSteele. quirer.
These papers were afterwards
collected in
two vo-
lumes, in which shape they reached a third edition, and are
now
THE OLD BACHELOR.
296
[1811.
eminently deserving of republication, as a most instructive and agreeable production
of"
Wirt was
In this enterprise,
Virginia, amongst
American
whom
literature.
by several gentlemen of
assisted
he seems to have turned, with the surest
expectation of valuable aid, to his friend and comrade, Carr.
Old Bachelor, the chief part is borne by Dr. Cecil, which was sustained, exclusively, by the pen In the dramatis personae of the
of Wirt, himself, and engrosses much the largest share of these volumes. A letter from Squaretoes, in the ninth number, I believe, is all
that
Galen and Alfred were con-
was contributed by Carr.
signed to two young friends. Dr. Frank Carr, of Albemarle, and
Richard E. Parker,
a
gentleman
subsequently a member Melmoth was furnished by
who was
of the Senate of the United States.
Dr. Girardin, of Richmond, the author of a valuable history of
There were some other contributions supplied by Judge Tucker, David Watson, of Louisa, and Mr. George Tucker, who has, since that period, attained to high distinction, Virginia.
as a professor of moral philosophy in the University of Virginia,
and as the author of the biography of Mr. Jefferson and other works of approved value, which have brought him to the acquaintance and esteem of a large number of readers throughout the Union. There may have been other contributors to the Old Bachelor, whose names have escaped me. Without underrating the papers which have been supplied by the coadjutors in the enterprise,
pen of Wirt, that
They
book. sitions
;
and
we may
they give the
say of those from the
])rincipal
attraction
are, undoubtedly, the best of all his literary
in the
perusal of them
we
to
the
compo-
are constantly led to repeat
our regrets, that one so endowed with the most valuable and,
at
same time, pleasant gifts of authorship, had not been favored by fortune with more leisure and opportunity for the cultivation and employment of a talent so auspicious to his own fame and so the
well adapted to benefit his country.
We
have remarked of Wirt that his
life
with materials for the edification of youth.
wholesome teaching to the young votary
nown its
of an honorable ambition.
temptations
and
trials,
its
is
who
Its difficulties
triumphs over
peculiarly fraught
His career
is full
of
strives for the re-
and impediments,
many
obstacles,
rewards, both in the self-approving judgment of his
own
its
heart.
THE OLD BACHELOR.
CHAP. XIX.]
and
in the
and the
won by
success
final
297
patient labor and well-directed study
consummation of
;
his hopes, in an old age not less
adorned by the applause of good men, than by the serene and cheerful temper inspired by a devout Christian faith ])resent a
the
young and
incentives
;
—
all
these
type of human progress worthy of the imitation of gifted, in
which they may
find
the most powerful
towards the accomplishment of the noblest ends of
a generous love of fame.
We
may
discern
in
every studied literary
strong inclination to address himself
than to that which
purpose.
of his a
letters are full of this
His
His many visions of future ease and enjoyment
to derive their attraction
might confer
all
seem
from the contemplation of the good he
in directing the
education and pursuits of ingenuous
The Old Bachelor
and talented youth. zation
more
passing away.
is
effort
to the rising generation
emphatically the
is
of some such hope, long vaguely
furnished with the means and occasion for utterance.
precious book for the young American reader
:
it
reali-
now
but
entertained
is
It
a
deals in topics
and emulation it points out his road renown, with a delicate and discriminating skill and beguiles him to the cultivation of the severest virtues, with a charm
to excite his national pride
:
to duty and
;
so potent as almost to convert the rugged and laborious track of discipline into a
" primrose path of dalliance."
These essays have a peculiar merit from being the rapid and simple effusions of the mind of the author, thrown off with unaf-
They
fected negligence, and frequently even without revision.
seem to have been, often, the unstudied suggestions of
moments
snatched from professional duty, and to have been committed to the press whilst yet glowing with the
Occasionally,
we
first
ardor of composition.
have an essay of the highest
impassioned eloquence of the writer
;
but
finish
we
and
full
recognize,
of the in
the
greater part of these papers, the reflex of a mind delighted with its task as a pastime, and flinging abroad its thoughts, like the involuntary transpirations of a healthy body, without a conscious-
ness of effort or labor.
judicious critics, for
its
Wirt's style has often been reproved, by profusion of ornament and too gorgeous
display of rhetorical costume.
His imagination has been charged
with too often taking the reins from his judgment. his
temperament,
we
The
ardor of
must admit, not unfrequently has infused
into
THE OLD BACHELOR.
298
writings a
liis
[ISll.
glow which might be reduced
pairing the strength of his style,
more
to
Old Bachelor
will find these essays less
a
But
classic severity.
and imparling
it
without im-
in tone
— indeed, even adding open
to its vigor
reader of the
tlie
to that objection
They seem to which they have been
than, perhaps, any other of Wirt's compositions.
be
the better for the unstudied haste in
all
The young
written.
his art, to erase
him
in the
yourself
writer
often told,
is
composition as being particularly
when you
fine
in
Always suspect
:
perpetrate what you think fine writing
taste is apt to revolt at the effort to
The
by way of precept
from his manuscript whatever passage has struck
produce what
good
;
called effect.
is
essays of Dr. Cecil furnish but few occasions for the appli-
cation of this precept. In
the
correspondence which
follows, the
reader will
two
friends
have been so frequently introduced into these pages.
Wirt
peruse, with no
who
now
little
and Carr are here
Old Bachelor and the public.
The
pleasure, the letters between the
in tlie
communion, chiefly upon
the topics of the
impressions these essays were making upon
correspondence, also, touches another subject
in
which the friendship of one writer and the modesty of the other Some vacancies were about to
are most agreeably illustrated.
take place in the arrangement of the Judiciary of the State, and
Wirt was
affectionately solicitous that his
worthy friend should
accept of an appointment to the Bench, which was likely to be offered to him.
The
letters will
show,
in a
most attractive point
of view, the disinterested and anxious regard with which Wirt pressed the acceptance, and the amiable self-distrust and
dence with which Carr received the appointment when conferred
finally
upon him.
my readers these letters, who peruse them to keep
two excellent men,
partially in
abridged,
mind,
that
private, confidential correspondence held
writers exulted in
spoke
to
secrets
all
each other in
their
was comment upon
Without further
these pleasant passages between to
in the playful
temper nor
I
submit
— asking
at
a
time
their intimacy.
to
when
a
the
manhood, and who had no
of friends
motive
to
suppress the
expression of any, the wildest, freak of the glad and jovial
which presided over
those
they belong
the hopes of the prime of
companionship,
diffi-
it
spirit
CHAP
LETTER FROM CARR.
XIX.
We
299
take up this correspondence witli an extract of a letter
from Carr, which contains an amusing account of a just made to Dunlora, the seat, as the reader
is
he had
visit
aware, of his
brother Col. Samuel Carr, in the neighborhood of Charlottesville,
where the Old
The work
Bachelor had been the topic of conversation.
had, at
lliis
time, reached the twelfth or thirteenth
number, and the author was suspicion.
Carr had
unknown, beyond a current
still
from Richmond, where he had
just returned
been Wirt's guest, and was, therefore, supposed to the book.
He
know
had himself also written Squaretoes
number, which the company
at
Dunlora had
all
all
about
in the ninth
read,
met there," he says in this letter, " Peter Minor and his Dabney Minor and my brother Peter, who all made affectionate inquiries after you. Very soon, the conversation turned on They seemed to think I must know all about the Old Bachelor. it. I observed, gravely, if you were the author, you kept it "
I
wife,
'As to that,it to your best friends. Old Straws,* I feel as certain that he wrote the papers, as if I had seen him at it,' 1 remarked, that if you did, indeed, write them, you must have taken very little time about it, for that I was with you almost the whole time, and saw nothing of it. Peter Minor solved this doubt by saying, that he suspected the pieces were all written, for many numbers ahead, before any
very close, for you denied said
'
—
'As to were published. Here my brother Peter put in again Squaretoes, he was but Love-truth, he could not pretend to say certain, was not by the Old Bachelor: he could see the pen of George Tucker in every line of it the phrases were all his, :
;
:
particularly,
was
not
'
I
scorn your words.'
by the Old Bachelor, he
even a harshness,
in the
'
said,
'
As another proof that it There was a u'armth, and
Bachelor's reply, in the next number, be-
yond what the occasion called
for,
—
especially in his remarks on
there was not even shadow of disrespect shown to the Bible by Obadiah he was and, amongst these, he gave only enumerating the family books All this was the Bible the first place, and Mrs. Glass the last.'
the Squaretoes library.
For,' he maintained,
'
a
:
;
nuts to me.
By-the-bye, *
A
my
wife
jocular designation,
is
it
convinced as to the author of
seems, of Peter Carr.
LETTER TO CARR.
300
You remember,
Squaretocs. Justice, held
I
by Squaretoes and
you
told his
[ISll.
I
suspected the bed of
dame, would be apt
to betray
This, together with my It was even so. which she has often heard from me before, satisfied her. Frank, But my brother Peter overruled him, also, had his suspicions.
abuse of ridicules,
me.
with a voice of authority."
TO DABNEY CARR. Richmond, February
My Dear
Friend:
Although rather tardy, call
10, 1811.
my own,
I
take the
first
twenty minutes
since the arrival of your letters, to
could
I
acknowledge the
favor.
The
enjoyed, very highly, the scene at Dunlora.
I
sage guesses
two Peters, and the twisting of your mouth, and working of your eye-brows, which I discerned as distinctly as if I had
of the
been gifted with the old Domine's deuteroscopy. *
The
Old Bachelor, you perceive, begins to shew the effect of
He moves
affe.
slowly,
and halts
The
most horribly.
truth
is, that the Court of Chancery has begun, and the old fellow Nothing cannot be expected at his time of life, to carry double.
from Parker
The
yet.
Frank ashamed of himself
Is'nt
me
induced
vacation of
.!*
to take an unauthorized
liberty with a friend of mine, so far as to talk with
were
some of the
pre-occupied, or
heads of the Lower House ; seemed " to smell the business with a sense, as cold as but, they
man's nose ;" and, as
on an uncertainty,
I
I
did not choose to
said no more.
But
all
commit it
is
that
is
a dead
same
friend,
inconceivable what
******
an alarm the mere suggestion of such a rival produced Upon the whole, 'tis all well. candidates.
We
you were with us I
am
Cabell, his wife and Co., are
are well.
in
Dinner
here.
the
Would
!
a storm of children. is
among
Our
love to you and yours.
just ready.
Wm. Wirt.
THE OLD BACHELOR.
CHAP. XIX.]
301
Carr had written another paper for the Old
He
from Grace Squaretoes.
letter
and had not yet received the short
his friend,
we
which
Bachelor,
had no recognition of letter
—
from
it
of the 10th,
have just read.
FROM CARR TO WIRT. "Charlottesville, February
"Mi Care "I take
it,
you are a man of your word,
— a most rare example
When we
of a punctual correspondent.
parted, your last in-
******* by
junction, enforced often.'
a cordial shake of the hand, was,
" Nearly four weeks gone by, and not one
word
not a
11, 1811.
Eras:
!
Reflecting on this matter,
from you
line
have supposed
I
sible that
your silence has been caused by that same
Grace's.
It
Now,
I
and sent
have thought
pose, you have
felt
it
I
off.
have no doubt
it
is
possible that, not finding
reluctant to
If this should
silent.
lieve,
it
would
jected, but that *
*
" it
No, pos-
letter of
tell
me
so,
be the case, as
to
your pur-
and seeing that you
I
do
it,
you have
not, in fact, be-
—
not that the piece was rereally mortify me, you should have any difficulty in telling me so. * Could you think so poorly of me as to
*******
suppose, for a moment, telle
!
it
a poor thing-
it
could not well write without saying something about
been
write
a hasty indiscretion, overlooked but once, and
was
instantly closed
'
of mine
I
have ventured
best
;
I
could not bear the rejection of a baga-
.-'
for, not
confidently that
to let
Old Straws
being trusted, he
you were the author, I was in hopes,
positive information.
and he has, indeed, promised
"Frank
is still
VOL.
felt
me
into the secret.
as if too,
that he
thought
he had had the most he would contribute ;
would
recreant, but he promises
1—26
I
no restraint and asserted as
try his iiand.
still.
n
CORRESPONDENCE WITH CARR.
302
[1811.
TO DABNEY CARR. Richmond, February
My Dear
Dabney:
have received your rebuke of the 11th
I
guihy
15, 1811.
to
if I
it
had not written you,
at
and would plead
inst.,
least,
one short
letter,
Monday, and had not been so constantly occupied by Court of Chancery and by company, as to leave me no time last
any thing
the for
else.
the constancy as well as the importunity of -these engage-
Of
ments, you will be able to form a proper estimate,
cover that
have not been able,
I
this
week,
when you
dis-
to take even a short
my hobby, the Old Bachelor. acknowledge your goodness in having given me three exOf that which describes the cellent letters since your departure. I It was a good one. already written. I have scene, Dunlora
airing on I
approve of your communication, since, to our brother Indeed secrecy, though I feel its importance now more
entirely
Peter.
ihan ever, seems to be impossible.
imparted
through mistake, told me,
it
when
whom Read
enjoined secrecy
I
*******
upon him, that his
Joe Cabell, to
I
resembled the ostrich, hiding his head while
whole body was exposed
Miss Grace
is, I
But
think, a lass of grace.
liberty of telling you, that I inspiration,
to the world.
have seen you
in
will take the
moments of happier the damsel than
when you could have made more of
When
I
wrote you on Sunday, I had determined to give her to the world, without touching one thread of her dress; but I think now, 1 will make free enough to alter a little No, sir, I have no the set of her cap and fixture of her tucker.
you have done.
more
I
fear of ofl'ending or
one of your essays, than
wounding you, by changing or
if it
were one of
my own
;
rejecting
and, as
taken both these liberties with several of mine, so will
them with yours, as often
as there shall, in
my
I
have
I
take
opinion, be occa-
sion. I
beg you
to continue the use of
your stimulants to our brother
a fellow of such various and ample reading, and of such just and copious thought and splendid diction, that I should Peter.
He
is
THE OLD BACHELOR.
CHAP. XIX.]
think
it
impossible for any thing to
would do
from
fall
Old Bachelor.
credit to the
303
shine in the department of criticism and of fancy.
give us an oriental or occidental
The
thing of that, or any other sort.?
perhaps, put him more at his ease little effort, I
What you
and,
;
Cannot he
or an allegory,
tale,
what
his pen, but
should think he would
I
any
or
epistolary style would,
would cost hun very Doctor C
it
should think, to address a letter to tell
.
of the increasing fame of the Old Bachelor,
me
some degree, to dispel the lassitude that is beginning to creep upon me in relation to the old fellow. I very frankly confess to you, (though I would not do it to is
calculated, in
every body,) that
am
I
even before
tired of the project,
have
I
reached the principal subject, education. But, besides this, our courts are now made perpetual, and the Old Bachelor is rather in I do not mean, by this, that 1 have rethe way of my business. but, that he will see the light
solved to drop him altogether;
much more I
am
calls
latter
ber
rarely than heretofore.
only able to attend to him of nights
cause
this
Frank
it is,
much
is
a dastardly fellow.
he should be.
— but
1
now
had thought him a Corinthian
I
discover that he
no better than
is
Parker has not given me a single
have no more time to write
Old Bachelor, does not look
Our
and these, besides the
at the
week.
a lad of metal,
I
in a
;
mercy of visitors. To this great degree, owing that there is no num-
of the law, are very
now
much
;
and
as if
I
line.
all this
was
being about the
tired of
it.
love to you, and Mrs. C. and children.
Wm. Wirt. FROM CARR TO WIRT.
******* "Charlottesville, February
"My Dear
I
18, 1811.
Friend:
" With respect to that rebuke of mine, as you call only meant to show you that I was very anxious
it,
you know
to
hear from
you and, whenever I give you cause, or you take it head that I do, you shall abuse me in turn, and I will ;
are welcome, brother Shandy, if
it
were
fifty
your
into
say,
'
times as much.'
you
—a :
CORRESPONDENCE WITH CARR.
304
[1811.
" Poor Grace My excuse is, I certainly used her scurvily. was done up in too great a hurry. Alter not only her cap and tucker, but asking her pardon you may strip her altoI fear, however, gether, if you like, and dress her to your mind. !
that she
—
that the story
my
—
old master,
Maury, used
to tell his pupils a hun-
dred times, of Pope and the link boy, will be applicable to her.
You knew
He
the old gentleman.
was our practice to to him of a morning. wdth a pencil, and
doated on a good story.
write a Latin exercise on a
was mend it.
to
'
When
it
Did you ever hear the story of Pope and the
'"No, "
'
When
?'
night, as
he was walking the
—
boy —
'
to light
mend you
street,
him on '
'
fellow,
God mend me
he called a link boy his
God mend me
!'
!'
—
Presently he
way. '
Lord,
He'd better undertake
?
little
any thing surprised him, or hap-
stumbled, and falling, cried out,
"
boy
Pope, the poet, was a homely
to you.
shabby looking dog says the
the old story
link
pened suddenly, he had a way of crying out,
new
it
sir.'
I'll tell it
somewhat deformed.
One
it
marked
was very bad, he
Then came
sometimes rubbed out the whole.
It
and take
any false Latin, he
If there
we had
slate,
to
sir
!'
make two
ones.'
*******
The good
that the
old
man was
boys generally got
" Frank
is,
you say,
as
abuse him shockingly.
so pleased with the wit of the story,
off
without further scolding.
a terrible rascal.
He
is
about
it,
I
tell
and about
it
him
so,
but
;
and
when
he will be done, nobody knows."
TO DABNEY CARR. Richmond, February
Mv Dear I
Friend
27, 1811.
:
******
snatch a morning before breakfast to thank you for your favor
of the 18th.
I
You must excuse the tardiness of Miss Grace's appearance. am reserving her till 1 have leisure to play the dressing-maid
to her.
very
But do not be alarmed for her native graces,
little,
and that
little
—
I
shall
do
will not ad'ect the simplicity of her
THE OLD BACHELOR.
CHAP. XIX.]
305
make "
shall bring her out on a holiday, and town-bred fair " blush at her superiority.
appearance.
I
One of them,
entre nous, is
who
think them
when you
be chosen.
to
promise
for
;
I
monstrous
I
am
(I
mean
me
my
in
not a
little.
obliged to strangle
and monstrous you will
:
learn that they are to be rejected, while
By-the-bye,
shall
hands,
embarrass
But
.
his offspring in the birth as
is
my
have several correspondents on
I
character of the Old Bachelor,)
the
we were
too hasty in giving that
have so much ado to mend him, that
I
am,
in
relation to him, exactly within the rule of Pope's link-boy.
—
Yes poor old Parson I well know how he could tell the same story with unabated pleasure. Vye mind, as the Scotch!
Irish say
Odes
over the Ridge,
asking you,
;
alto, if
in
reciting Horace's
a conversational voice, rather piano and in
you remembered
that beautiful
candidum Soracte," and,
nive
—
— the way he had of at
the
ode beginning, " Stet reciting
alta
dropping
part,
? Well, he was a good old fellow, remember him with even more esteem and affection than I was conscious of feeling for him when living.
abruptly into the pulpit dirge
and
I
have another piece from G., rather better than the former.
I I
have several, too, from G. T., two of which you will see
number
fifteen
—
the letters from
of the number
rest
Cecil's.
is
Tamper and Schryphel.
To
in
All the
take the point of the con-
cluding paragraph of O'Flannagan's letter, you must read the close
He
of Blackburn's advertisement in the last Enquirer.
mathematical professor at William and
Mary
College
;
mathematician, but one of the most imprudent of Irishmen, is
is
the
a capital
— which
saying a bould loord. ^
tF
I
tF
V
"Ir
7P
have received, from various quarters, the most encouraging
evidences of the success of the Old Bachelor.
(who,
hope, as he and
I
back to
life
and
his
all
old
Doctor Hare,
his old friends do, has been brought
constitution,
by
late salivation
his
having every evidence of health except flesh and strength, which
he
is
fast recoverins:,
remembered L. C. ing
is
it
— and who
to you,)
Dr.
desires to be most affectionately
Hare, / say, (Blair
enraptured with the Old Bachelor.
will
VOL.
be of great service.
1—26*
!)
writes
They concur
Tucker writes
that
it
me
that
in thinkis
doing
;
CORRESPONDENCE WITH CARR.
306
good it
to the country,
and honor to
its
Judge Nelson
things,
and many more which
scribers to the Enquirer have very it,)
that
for
not only encourage a duty
it is
my
and on
;
me
*
hear, (such as that the sub-
much
increased
consequence
in
go on, but enforce your sentiment go, as fast and as well as I can,
to
shall
1
I
calls
*
*
a most noble and honorable enterprise.
These of
author.
[1811.
professional engagements.
In the meantime,
live in the country,
must watch and
getting tired, and
when they censure
tell
me when my
you,
who
readers are
either the matter or the
manner. #
*
*
#
*
#
make
I will Frank is a scurvy rascal and if he does not impale him in the face of that public to whom I have extolled After seeing what light things we occasionally publish, why him. should the rascal be holding his head so high ? His head^ did I Let him take that say ? " He has a head, and so has a pin." ;
and put
haste,
******
it
pocket.
in his
What from Don Pedro am
I
}
— why need
I tell
you what
^
Wm. Wirt. TO DABNEY CARR. Richmond, March
Mv
Dear Friend
Our
friend
Kinney has long since informed you,
wherefore (as our Chancellor says,)
we
acted as
we
why we
did
not act
all.
to
you
last
8, 1811.
:
winter
:
i.
e.,
vacancy on which we was an end of that project.
in
detail,
did in relation
The
judicial
had our eye, not having been created, there Another has
now
occurred.
James
Pleasants has resigned the office of Judge of the Court of Appeals and Tucker, (this is for the present a profound secret which every
body knows,) will resign creates two vacancies in alarmed,
it
is
in
the
course of the month.
the Court of Appeals;
not that Court
I
am
This
don't be
thinking of for you now.
But those two vacancies, so as aforesaid created and to be created^ must be filled ; and it is pretty well ascertained, w ill be filled by To Stuart's circuit, I suppose Coalter will Stuart and Cabell.
THE JUDGESHIP.
CHAP. XIX.]
heir; and
fall
307
presume you would not have Coalter's but what ? He says it is a most delightful circuit. It
I
:
say you to Cabell's
Powhatan,
includes
—
in
the
which county,
the
in
vicinity
Pleasants and Pope, you might easily locate yourself upon a farm, and live I
know
it
in
primeval innocence and happiness. a heart-string-snapping sort of business to quit
is
Charlottesville and
you so district
of
little
its
Would
purlieus.
it
then be possible for
***#** to
arrange with Coalter as to keep the Charlottesville
These
.''
things
you must think
of,
and arrange as you can.
There is no division of opinion among your friends here, you ought to accept, if it shall be tendered, an appointment
that
by the Council calmness, ture fear.
;
we
because, examining the subject with
;
and of your appointment by the Council
There
all
possible
have no doubt of your confirmation by the Legisla-
is
Hare
— (who
is
almost well, and
—
I
have very
who
will
little
be here
by the time the appointment is made ;) well, there is Hare Read, Wardlow, Randolph, Doctor Jones who, I think, Avill certainly vote for you. Then you have an equal chance for the rest,
who
—
W.) Minis and Mallory
are Colonel Smith, (Geo.
;
thus
you see your chances. Will you come in, or will you not You see, if you are elected, that is, appointed by the Council, there will be no occasion for your removal, or making any other arrangements until we see whether you shall be confirmed by the Assembly and if you should not, I suppose it will neither .-'
—
;
break your leg nor pick your purse, materially. be confirmed, of which
— why,
I
repeat
it
there
is
But should you
no reasonable ground
you are an honorable for life in a fair of your profession; and, in fact, advanced to within a few jumps of the goal. I pray you weigh this matter, and be prepared to decide it, if you shall be called upon. I suppose we shall know the whole result before this month is out, or very early in the next.
to doubt,
way
I
to
am
the
in
then, sir,
;
highest honors
a great hurry
;
and
so,
with our love to Mrs. Carr,
yourself, and children, I
am, as ever,
Your
friend,
Wm. Wirt.
CORRESPONDENCE WITH CARR.
308
'[ISll.
TO DABNEY CARR. March ^k
3^C
By-the-bye,
•**
3)p
me
let
boast a
"W
little
:
yet
^
am more ashamed
I
shewing vanity before you than any other man I
10, 1811.
"JF
of
the world.
in
persuade myself, however, that the pleasure which a man feels approbation of the great and good
at the
is
laudable, and scarcely
deserves so degrading a name as vanity.
If this point is settled in
my
is
favor, then
I
will tell
you that R.,
who
from Washington,
just
says that the Old Bachelor has great eclat at head-quarters
Mr. Madison had
said, sir, (so
Ws
respect to me, hereafter,) that he thought Mr.
redeem
ought to
Reviewers
us
that there
;
from
was
;
that
desire that you will pay proper
I
censures
the
a chastity,
of
pen, at least,
Edinburgh
the
an elegance, and a some-
thing else, which R. could not remember, in his style, which charmed him. Now, sir, if R. did not invent this, quod non constat^
it is
AVhat makes
a compliment.
be anything bearable in
that, if there
is,
compliment which R. imputes should have expected. style in
I
He I
as to mine,
;
her
I
me my
it
Mr. M. are not exactly those I the character of Mr. M's own
to
Chastity
is
have thought
it
about as chaste as Cleopatra,
But enough, and too much of
attire.
most dubious of
style, the points of
me
and
my
brats.
conversed with Nicholas, yesterday, de loco vacuo judicis. thinks
it
as plain as a pike-staff in our favor.
have very
little
doubt of
it,
and advise you to hold yourself
ready, sub rosa, to take a circuit on the
first
of April
;
for
it
will
be, perhaps, a sudden thing.
About will see
a place of residence, in case of
by the range of Cabell's
your appointment,
circuit, that
it
— you
offers a variety,
it takes in Amelia, the neighborhood of Giles, Eppes, and the Tabbs, besides Powhatan and Manchester. In the latter place and its neighborhood, there are a variety of beautiful tenements and lots of from twelve to twenty acres, where
for
you might enjoy the hills
raise a profusion of clover for
your horses and cows
prospect of Richmond,
Capitol, and picturesque
fine
its
;
and valleys, together with the whole ambit of James River,
its falls
and port
;
besides the
as long and as often as
we
power of our being with each other What say you to this ? And
please.
THE JUDGESHIP.
CHAP. XIX.]
when old H Warden
as
Carr^
dies, think
think this a most capital plan.
I
(for I love to quote
Bishop says,
Judge Carr has a most
my
—
Q,— E D, Now, d'ye see, Judge By my conscience^ as the
of that, Master Brooke
Court of Appeals.
told the
309
—
!
authority, always,)
original, and, as
it
I
think
were, melodious sort
of a sound.
To
my
all
that,
of
Well, happy man be
to
come
all
the Carrs, the honor should light
to
'
old Louisa and Fluvanna comrade, with his grumbling
Well,
and blue devils!
wind
are
I!— And
his dole, say
upon
we
think what
it is
a long lane that has no turn, and an
blows nobody luck,
that
—
ill
also, throw a crust of bread, &c.,
together with forty other proverbs that Sancho would pour forth
on a
like occasion.
W.
come here to and if you come live. I think his brother Joe will come here too to Manchester,— only think, with the aid of Davy, and Clarke and /, and occasional visits from our upland friends, what a society If
H. Cabell
is
elected, he will immediately ;
we may
form
Shall
!
not find the foot-hold that Archimedes
we
—
and turn the world upside down, I mean the moral and literary world ? I scarce think we could turn up a
wished
for in vain,
worse side
the deuce of clubs, or at least, the curse of Scot-
it is
;
My
land.
spirits are in
scarcely hold
my
and on such an occasion,
For
fear,
informed that sir, I
I
however, of it
is
at this prospect, that
such a jig
pen to write
intelligibly
;
I
can
and at such a time,
scorn to write anything but nonsense.
you
false inferences,
the forenoon, and
I
am
just
will
please to be
So,
from church.
scorn your suspicions.
Cabell went up
him your
home
this
morning.
I
wrote to Hare, and gave
You know
postscript, verbatim et literatim.
binding him, hand and foot, and deporting him,
if
it
is
about
he will not keep
Whereupon, I observed, that I believed you never would forgive him if he should even go so far as to come down only for a day or two to vote for you. I gave him to understand, indeed, that your appointment would probably
away from Richmond.
depend upon
Now, you
to
it,
but that he
was not
to
mind
that.
are you not ashamed of that selfish twinge which leads
wish that Hare would,
could give his vote than not get the
?
— So
office
at least, trust himself
here
until
he
you would endanger his health rather However, believing fie, fie, sir
!— O
!
CORRESPONDENCE WITH CARR.
310
[ISll.
would be your wish, to tell you the truth, I observed to him that I thought you would not be implacable for a short trip on this occasion ; and he will certainly come, dead or alive. that such
Love
to all.
Again yours,
Wm. Wirt. CARR TO WIRT. "Charlottesville, March
14, 1811.
''My Dear Frtend " I dined at Monticello yesterday, and did not return home until My children were put to bed ; my wife and I a little after night. :
sitting quietly
tague's letters
day.
I
brought
"
by our happy
fireside
— when suddenly
—
sent a servant immediately for
me
I
reading to her
occurred to me, that
it
my
letters,
Lady Monwas post
it
who,
returning,
yours of the 8th and 10th.
would have diverted you, not a little, to see the flurry and which this threw us. It was the first time that the idea of elevation to the Bench, was brought distinctly before me. Your letter made I had viewed it before as a distant possibility. It
flutter into
it,
at least,
soon.
I
probable that
cannot
tell
would be
it
you what a
w'hich seems to increase as
I
offered to me, and that very
feeling this
think of
it
produced
— something
;
—
a feeling
like a timid
young girl on the eve of marriage. How will it be with me Mounted on the bench, the officers of justice planted around, court
.''
opened, the bar lined wuth attorneys, every one thronging
in to see
new judge, the grand jury sworn, proclamation made that his Honor is about to charge them then the stormy wave of the What multitude hushed into silence, and every eye bent upon me. the
—
*******
a tremor the idea gives
me
!
Yet
I
will on."
THE JUDGESHIP.
CHAP. XIX.]
311
TO DABNEY CARR. Richmond, March
My Dear
Friend
Cabell
elected to the Court of Appeals, and your election
is
Out of
infallible.
there
is
— how
members who are
six
that there are four
Wardlow.
23, 1811.
:
who
here,
is
is
ascertained
Hare, Reid, Randolph and
are for you.
remaining members are
the
it
is
unknown;
no probability of their concurring against you
but
— and,
if
they do, your friends are resolved to hold the Council divided
The
rather than give way.
on Tuesday
Now,
next, and
sir, I
point,
hope you
supposed, will be decided
down, immediately on the receipt
will sit
this,
and write your address
Take
care of your modesty
of
it is
regard you as elected.
I
to the
that
;
grand jury. is,
beware
lest
it
impair the
Don't go and be overwhelmed was, so as to make people think " poor fel-
energy and dignity of the judge. and panic-struck, as low,
I
I
dare say he wishes he was at home again."
You know
that
that degree of
am
I
not such a simpleton as to find fault with
modesty which unlocks the hearts of men, women But
and children, to a man.
I
know
that
you do think, and ever
have, tor these lifteen years, at least, thought of yourself with too
much
although "
Now,
humility.
in
peace there's nothing so be-
comes a man, as modest stillness and humility, yet when the blast of court blows in our ears," and sheriff's o-yes bids the jury rise, " then stitfen the sinews, bend the muscles up, and imitate the action of"
—
as the old
woman
Lord INIansfield. These two appointments put a poultice on the bruises of the Legion and Clarke. " O that right should thus overcome might," says
in
plain of the oppression of Sir,
mind
you are
qualities
wicke
;
to
make
you
to
the play,
when she
is
meaning
to
com-
power.
a great man.
The
organization of your
scale the heights of Mansfield and
Hard-
and your temper and manners will strew flowers on the
path of your ascent.
You must read every book
that Mansfield ever read
;
they are
be had, and your leisure will now enable you to do it. Sir, you shall " bestride the lazy-pacing cloud, and sail upon the bosom
all
to
;
CORRESPONDENCE WITH
312
CARR.
[ISll.
of the air," and mark " the white up-turned eyes of us mortals that
back
fall
to
gaze on"
I tell
you again,
—you. you can, and must, and
that
1
see
it
— and who
Your
sixteen miles from us
;
see us between terms
;
tell
you
this.''
I
will
endeavor
ficult
say
shall
circuit will bring
questions
gether with his
me nay ? you close
to us.
upon the
shall stand
very summit, the pinnacle, the apex of judicial glory.
I
know
Chesterfield
is
it
—
only
Powhatan but thirty. You must come and this, you know, is your home but need I
—
from Cabell, a statement of the
to get
dif-
which he has suspended by an advisari vult^ toauthorities, notes, &c., and meet you, with them,
somewhere upon your circuit. Hare and myself count on your making such an impression this spring and fall, that ''min nor diviW'^ cannot " stap ^e" from being confirmed next winter.
throughout your circuit
It
as
awkward
will be an
awkward
for
the lawyers.
you
believe
I
you not
thing for
(a judge) to
plan will
best
the
to
know
the bar, and
carry letters of introduction to
be for Cabell to
send a letter of introduction to some one prominent
each bar, introducing him to you, and begging him
member
of
to introduce
his brethren to you, and the respectable country gentlemen around
******
This will answer the purpose without
the court houses.
letting
you down.
My watch informs me take
my
leisure,
that the mail has closed.
and write a
more
little
depend on Frank
to get this in as
write a very long
letter,
because
I
I
will therefore,
legibly, since
have
have
I
But
a way-letter.
I
to
cannot
to finish the nineteenth
number of the Old Bachelor to-night. I
think your remark on
too delicate,
—
it
is
's
with the Old Bachelor here
— they are
and, with the co-operation of
subjected
me
the irony
And, therefore,
seventeenth number, have
If such a notion as this
I
is
said to be personal attacks
my own
foot, all the benefits intended
end.
;
Xo a good deal of ill-natured remark, as
lampooning the town. on
letters is correct
Yet, the pieces have played the deuce
cold.
sat
were
if I
were once
to get
by the publication would be
at
down, immediately, and wrote
eighteenth number, to prevent any such pernicious effects.
I
an
the
be-
'
THE OLD BACHELOR.
CHAP. XIX]
lieve
has answered the purpose.
it
melled by
impertinence
this
in
the liveliest and most impressive
But
I
313
am
very much tram-
applying characters.
way
of moralizing
draw a character without displeasing- somebody or wrong to draw characters, you are partly in fault, me, not long before you
draw
Why
characters."
;
much
It is
yet
I
other.
If
you
for
never it
me, " you must begin, presently
left
should not
What
I ^
is
said to to
right have the ras-
me if a vicious character fits them ? As to lampooning or throwing stones for pure mischief and wantonness, I would sooner cut off my right hand. But if it is necessary to the purposes of virtue, if it is the most interesting mode that I can cals to find fault with
adopt to expose a vice, and render should
it
ridiculous or hateful,
why
not do it?
I
You see, Ritchie is going to make a book of the old fellow. I much like this way of becoming an author, or rather of being made one without having the fear of it, all along, before my eyes. Now, most certainly, if I had intended to sit down and write a don't
book, and become a downright author, subject better calculated to put lated to exhibit the
my
mind.
If
me up
whole of the
should have chosen a
I
in
little
the ranks
;
one calcu-
compass and strength of
my good name, fame would have taken care to write to
had realized the idea that
I
and reputation were the best advantage
—
at stake, in rural
I
privacy, for instance, and only in the
happiest moments of inspiration, after having, by previous meditation,
exhausted upon
of this,
and without any tions
it
my
retail
It
me
a volume,
it;
Instead
was
my
incessant
interrup-
elbow, every half hour,
more copy.
for
numbers being collected
several times mentioned
passed slightly through
upon
at
true the probability of the
is
shop of thought.
labor of thinking, amidst
— and with the printer's devil
jogging
that
all
have been dribbling on, with a loose pen, carelessly
I
my
to
But somehow
mind.
into
me, and several times
the idea has not been realized; and
it
I
have not dwelt
seems impossible
I am doing, can have down with malice prepense
any man writing newspaper essays, as
the feelings or care of a to write a
book.
this affectation
erick
:
But enough on
—but
Random, "you VOL.
1—27
man who
if
sits
this
tack; you will think
you do, as
Tom
d
d
will think a
Bowling says, lie."
in
all
Rod-
CORRESPONDENCE WITH CARR.
314
Why
[ISll.
does not our trusty and well-beloved Peter sow some of
the seeds of immortality in
Old Bachelor
tlie
?
If
he does
not,
the old fellow will be under the turf in less than ten years.
Frank
Is not
Has he
a rascal
the face
Does'nt he
?
deny
to
face, to be sure, is ugly and
he were to deny that he shall take care to put a
key
elor, to let the
world know I
I
make
did not
you
told
better than
I
my
that he is a rascal
a
The
rascal?
I
volume of the Old Bachmeant by Galen, and shall pub-
who
is
know what I
this subject, in
sort of fellow he
an apis,
past nine o'clock, and
it is
Grace
to finish the nineteenth number.
and
have given, without authority.
should not write a long letter, and you see
But
if
to the first
the promise
word.
?
fellow's
he would be no true man.
have received from him on
pendix, that the world may I
know
is
hard enough for any thing: but
a rascal,
is
lish the letters
that
he
that
I
I
am
have yet
be out on Tuesday
will
week.
Our
Hare
love to your household.
is still
well.
Adieu,
Wm. Wirt. CARR TO WIRT.
******* "Charlottesville, March 25,
"My Dear
" Yesterday's mail brought election it.
is infallible.
I
me
Fearful
is
yours of the 23d.
must acknowledge
So, upon the strength of
earnest.
1811.
Friend:
the
it,
I
it
You
say
my
looks something like
have begun to prepare
in
thought of sticking myself upon the
Bench, standing the shot of every eye, and giving it back in but, I will screw my courage to the sticking point, and, ;
speeches
back the blood which would mount coward heart which trem' How many men who, inward searched, have livers bles within. white as milk, wear yet upon their front, the brow of Hercules and frowning Mars.'' 1 don't know whether this quotation be apwith a strong into
my
face.
effort, drive
They
shall not see the
*******
posite, but
you may take
it,
as a
Rowland
for
your Oliver.
" As tions
First,
should take
and, second,
:
my
will not say,
I
cannot consent you
I
take a bear by the chin,
liad rather
I
two objec-
circuit, there are
would be a trouble whicli
it
than see you in court whilst I
my
your meeting me on
to
:
315
THE JUDGESHIP.
CHAP. XIX.]
was on the bench
my
in
first circuit.
dear Wirt, that the friendly solicitude and zeal
but I for me, in this affair, have surprised me have given me the truest pleasure my heart can feel. for I can I will say, that they have raised me in my own esteem never believe that man without merit, for whom you have dis-
you have shown
;
will say, they
;
covered so much friendship."
TO DABNEY CARR. Richmond, March
Mt Dear
*******
Your glory
is
It is
have
stars
opened
H
T
two or three minutes This
at dinner,
,
was
understand that you had
favor.
will
and the goal
is
and
glorious
you
hail
I
!
as
by
five
He
I
swarm
operations,
H
He
!
how-
was semi-animis.
out of six of the Council in your
your health
will drink
Judge Carr.
— the airy
me, with the best
relieved me,
castles
says, he'll be
tower if
in a
Now, how
How
your imagination be, as you ride home.
and schemes
course of
view.
telling
elected.
after
The
justice.
in full
a mischievous old rascal, has
heart sink and turn cold,
acted gravity, that ever, in
done you
at length
to you,
but this instant that
made my
I
26, 1811.
Friend:
you
!
To
shall
bumper,
busy, busy
will the plans
eke out these
come
to
Man-
buy a small farm in the country, where, with six or seven servants, you can maintain your family, keep your children in health, and save your salary, wholly. chester.
The
says
man by on
the it,
necessary I
shall
suggestion brought a very beautiful and valuable place, as
represented to me,
dow
you
in
Powhatan,
name of Woodson,
—
in full
view.
It
belongs to a
has an admirable piece of mea-
and a most excellent, nay, beautiful house, with
all
offices.
should have bought
and others persuaded
me
it
I
myself, last summer, but Cabell,
had no business with a farm.
Hare
!
!
CORRESPONDENCE
316 This place
CARR.
VVITII
within two miles of Pope's
lies
;
[ISll-
and,
I
think, will
—
of you seven or eight thousand which, only two or three thousand, I think, were required in cash. You can buy this place, and stock it, without invading your salary, dollars, at the outside,
cost
or absorbing that capital
oi"
which we talked when you were
You can make your farm
liere.
subsistence
and,
;
I
doubt not, that
a source of profit, as well as of if
you provide the
first
payment,
the instalments will be easily met by the agricultural profits and the
your remaining capital, so as to leave that capital, itself, to lay up and save every cent of your salary-
interest of
whole, and enable you
the accumulations of ten years, on this
Think of fame
accumulating
is
You
see,
I
The
also.
prospect
have done justice to
this
is
scale, while
delightful
H
scheme of
He
's.
went farther, and contrasted the consequences of a residence in Manchester; and, although his argument thwarted the plan which self
would have prescribed
fess
he staggered
These
me
however,
things,
for you,
in relation to
we
my
(meaning
your
self,)
yet
I
con-
interest.
can examine maturely, before the
Legislature shall meet.
*
* I
think
I
hundred and
can see your broad grin before you get within a fifty
These are precious
yards of your house.
feelings
Once more, God
bless you,
Your
friend,
Wm. Wirt. TO DABNEY CARR. Richmond, April
Mt Dear
11, 1811.
Chevalier, alias Judge, &c.:
was honored, (mark me, sir, I say honored, for I felt honor most sensibly,) by a letter from your wife, by the I
By-the-bye, she
Charlottesville mail, enclosing one for you. iierself
my
friend therein
for all the friendship of tell
you,
sir,
somebody.
;
and,
I
would not give
you he fellows
the
word made my heart
O
there
!
is
something
those souls of heavenly mould, that
and
I
were born. I I was
thought
in the friendship
makes
all
calls
that declaration
that ever leap^
the last
of one of
the earth vanish in
VAGARIES.
CHAP. XIX.]
my view
Was there ever a fellow so much disConfound it was so much transported with this imagination of that, thinking it too much, I have turned to her short !
!
appointed
?
friendship,
I
note, and instead of " friend," find
How
came
good
is
but,
;
" yours, with great esteem." No matter. " Yours, with
it
head
.-*
how much
than " your friend."
make me
it
my
the idea into
great esteem,"
does
317
—
happy
greater and less
Poh
!
says your judicial
—
Well, sir, what nonsense " poh !" and there, as George Hay told Edmund Randolph, is a "poh for you." Now, dignity,
!
can't receive your own letter from your you shall have the whole of hers to me, and so I enclose it, upon your special promise to return it again. And so, as I was saying thinks I would it not be pleasing to Mrs. C to let her know I have received her husband's
sir,
as
wife
am
I
you
told
until after this,
—
—
,
and that
letter,
sir, I sets
in the right track to get to
me down, and
you
Thereupon,
.''
forthwith, in choice phrase,
man
will leave his wife,
he must not be surprised
if a
and go
off,
sentimental
take advantage of his absence.
to
tries
him
writes
I
me
a
your wife.
letter to
If a
it is
Heaven knows where, young Adonis, like me,
What
did write,
I
sir,
from me, nor from her, unless she has a mind
will not hear
to put an end to the correspondence, thus happily begun.
Hem
!
— hem
You
!
are wrong,
smoked
but,
I
argument, and
I
posing
;
me
Two
What Hush
are you
a parcel of
Well, now,
be serious.
I will
is
I
I
be geographical.
you out of your
I
have
;
and, gratitude
Hea-
latitude
as they used to call
of conjectures.
this
— This
bless you.
I
it,
.-'
salvages.
a virtue in
is
turned the page with a deter-
was sober,
— sober, why should'nt
" But when or where
God
let us
Ain't
well of you
mination to convince you
man
incorrect.
Godwin.
spite of
a
come,
;
?
savages!— or,
They speak
!
is
indeed,
to the south of the equator.
Where
!
guess
segars,
am just half way through a Court of Appeals am displeased at the injustice you do me in sup-
Talking of the equator vens
The
sir.
have had no company to-day.
— and
so
I
will
he appear to be so
?
world was made for Caesar,
shall
;
—
for
Very I
when true
end them."
All well.
Wm. Wirt. VOL.
1—27*
f
am weary
;
CORRESPONDENCE WITH CARR.
318 P. S.
— Cabell says
" confouncV he takes to
must be drunk, or
1
I
[ISO.
should not have said
—
when I might have said " consume,'''' which be your word and which I now, for the first time, to you,
;
suspect you caught from Colonel
Morris, with the rest of your
classics.
Love Peter Randolph. I am told his modesty envelopes him when you pierce it, you will find him lovely. Not one line for me ? Then come and see me. inspired by this, writes you a funny letter, Judge C which he expects you to laugh at, in every line. Did you ever see such grave judicial stuff ?
but,
,
" you be !" Judge-like ;" but she
In reply to this he says
says
N
"
,
this is
A
of course, malicious.
:
literal
" Upon is
my
w^ord,"
a federalist, and,
dialogue.
W. W.
TO DABNEY CARR. Richmond, June
Mv Dear
Judge
:
Never having committed such an behind
me
the
28, 1811.
key of
my
baggage,
act of negligence, as to leave
know
I
how
not
to imagine
your embarrassments, or sympathise with your distresses. Careas the old fellow lessness, " in man or woman, dear my lord, is," told Colonel McDowell, " what I do hate." How does this tagging
—
of Shakspeare and patching elegant quotations, hit your taste
?
JVunquam animus. Judge Coalter takes your key, and
will chaunt
you the triumphs
of the Court of Appeals. I
am
in
and yours.
My
main haste.
Ere
long,
present, with love to
I
wife and bairns join in love to you
shall write to
Don Pedro and
you apud largum.
I
am
Wirt.
the playfulness and exultation apparent in
Wirt was suddenly brought to the contemplation of preferment, from which he had hitherto expressed such
these letters, political
all
the
yours,
Wm. In the midst of
For
friends,
THE ATTORNEY GENERALSHIP.
CHAP. XIX.]
The
determined aversion. occurred
at
tills
of Attorney General open to
Many
the disposal of the President.
Wirt
Rodney, which
resignation of Mr.
at this period, left the post
319
eyes were turned upon Mr.
juncture, as likely to be called to
fill
His
this office.
position at the bar, his acquirements and high reputation, as well as the friendly appreciation of
The
event quite probable.
Riciimond upon to
his
this
him by Mr. Madison, rendered
appointment, brought the subject so directly
mind, that he was obliged to give
it
consideration
very gravely, indeed, as will be seen presently. tained the
this
general speculation of the society of
may be
proposition,
How
— not
he enter-
read in the following
letter, in
reply to some jocular advice upon the matter from Carr.
The
reader
understand the reference to the " lignum apis
w^ill
Attorney General," as a specimen of that
latinity which he may have heretofore observed, was somewhat cultivated between the two correspondents. Carr, in this vocabulary, is called " Caris-
sime Currus care
Eras.''''
Wirt is some times addressed, in return, as " JJfi With this key, we may translate " nunquam animus^''''
;''''
in the last letter, to,
" lig7mm This
" never mind,"
apis,''''
letter is
Judge Cabell,
to signify the
— and
the phrase above alluded " would be" Attorney General.
summer residence of
dated from Montevideo, the
Buckingham, on the James River, where Wirt family were frequent guests.
and his
in
TO DABNEY CARR. Montevideo, August
My Dear I
Friend
have already written seven
Judge,
who
thrown,
11,
1811.
:
letters this
morning
go by the
to
has gone to Buckingham Court-house, and thus to be
(i. e.,
the letters,) into the current of the mail
but six of
;
those letters were on business, the seventh in reply to one from
General Minor, which
I
was anxious should meet him
phur Springs, and which wull have to
Your channel.
make
letter
was
it w^ill
a circuit
to
be pushed to do,
I
at the Sul-
as
tiie
letter
by Richmond.
have been answered,
But although
—
rose
by
the
also,
dawn
through the same
of day, and had to
— LETTER TO CARR.
S20
my
write by candle-light,
Judge answer to you, and
the
shall
have
to
long, and
were unavoidably so
letters
so early, that
started
[1811.
I
conveyance
lost his
throw
for
my
the devious and
this into
—
the Lord send it a Warminster monsoon to write; and however, humor, the in safe deliverance. that it is heart, the of communion the in advantage there is this letter by your now to So stale. grows of no date, and so never :
perilous track of the
am
I
Cabell,
— which
justify,— and so tenance. It
one
is I
than the laws of euphony will
"so" more
add two more, by
of keeping them
way
Jlllons.
was,
I
think, only last winter that
I
told you, in all the sin-
cerity and solemnity of friendly confidence, that a plan of
life,
from which
I
my
of the Pacific, on which
was now
sail
I
I
had resolved on
would not depart; which was to follow,
with ardor, the pursuit of
flowing
coun-
in
profession, along the smooth
— and thus keep myself
gliding with a clear,
fair
by many
bosom
breeze and
a league, both
of land and water, and of those dark and rough storms which are perpetually scourging and lashing- into foam the political Baltic. which I saw by the experience of others, I told you, the treatment I
should experience, and could anticipate, almost with certainty, abuse and villification with which I should be
the topics of All
regaled.
perhaps a
this
little
was
too
sensible,— and, as old
certainly prudence
timorous
for
a
James Heron
and sound
hero; said,
sense,
nevertheless,
but,
when he threw up One cannot be too
the ace, king and queen of trumps, at loo, "
cauliousP
Well,
after
remember,
this
satisfied
silence, looks and
discreet, rational, philosophic talk which,
you perfectly
at the time, if I
I
might judge by
nods of assent, the next thing you hear from me
am red-hot, hissing hot, for a plunge into that aforesaid is Does such light are you to think of such a man } What Baltic. sinew to of sufficient man denote a versatility, and weather-cock that
I
breast the surge of that stormy sea, and hold on upon his course.' Was I not Does it become a man who would be a politician .'
deceiving both myself and you, when phizing and resolving prudently ; was
I I
thought myself philosonot merely preparing a
fund of consolation for political obscurity, and providing, without being conscious of it, for a walk, which I could not avoid, through the humble vale of life— for that track for which, alone, so
much
THE ATTORNEY GENERALSHIP.
CHAP. XIX.]
shew
fickleness and caprice
that
am
I
fitted
321
Or, have fame
?
and distinction charms which no man, (however resolved,) can resist,
own
whom
on
they please to look
Or, have
?
particular character; and has there been,
dormant ambition
when
was too
it
Now,
my
in
be pointed towards
it
all
which required but the match
breast,
blow up, and betray itself; and do anything but betray itself?
late to
much
the
in
my
of
state
is,
by
to
that, too,
me
dare say that, so far from being ready to give
I
my
mistaken
to
faction in these particulars, your judicial head
pretty
1
along, a fund of
satis-
this time,
Uncle Toby's, on a certain
occasion which shall be nameless.
But what
is
the use of pestering ourselves with speculations on
—
The fact is so; the cat is out of the bag, and what make how she came in it } Very true but inconsistency is so weak and silly a thing, that man would much rather bewilder the beholder, in an abstruse
this subject.^
odds does
it
;
a
and multi-forked speculation about
its
cause, than to stand stock
like a target, and brave his steady gaze.
still,
happily of " dulling delight^ by exploring
its
Moore
very
talks
why may
"
cause
not a man borrow a hint from that thought, and endeavor to be " dulling contempt by exploring its cause " I am not certain of the accuracy of the analogy but I shall not stop my pen to .''
;
examine
it
;
for, if
I
do,
blurred and blotted letter
Now,
me
sir, let
tell
may have
I :
you
so,
that
here I
;
you are in
snug and
office,
I
hate a
did not like your " lignum apis
Attorney General of the United States."
one
blot out, and
to
we go The
retort
was
safe, and, therefore,
not a fair
were
and lawful game
;
with a pretty
prospect of a disappointment before me.
fair
whereas
I
was only
in
fair
a state of aspiration, Sir,
you were not only violating Sterne's beautiful sentiment of breaking a jest in the sacred jyresence of sorrow, but were breaking your jest it
on that very sorrow
itself,
— making
it
the theme and butt, as
were, of your merriment.
As
to you,
I
do not hear man,
woman
or child whisper the
faintest susurration, (or susurrate the faintest whisper, as the case
may
be, as our form-books sagely
being confirmed.
—
Not
tell
us,)
of a doubt of your
meaning that our form-books
tell
us of a
be to disregard the parenthesis, through
for that would mere wantonness and levity of head, than which there cannot be a
doubt,
— LETTER TO CARR.
322
[1811.
greater misfortune to a Judge, except, indeed, the phimbosity of
same member,
the
suppose lo
am
I
!
it
indeed,
(if,
be a member,) (as
it
should
I
not only was, but also the head and chief of members)
lost
:
— but
come back
to
Cabell says there
you
to
as the rallying point.
no more doubt of your confirmation than
is
any thing
clialk's like cheese, or than
the world.
in
So, you see you are safe enough. shall call at
I
Pope's as
the definitive treaty
go down, about the 20th
I
signed
is
examine the
;
site,
;
see whether
and give you
my
opinion, gratis.
Now,
this puts
me
mind of myself, again
in
to
it ?
Ay, w^hy should
I
What
.''
pure pleasures of the heart
No,
— since we
far,
my
wish
together at
" There
So,
I
I
natural
love
;
is
know
we
but
worth a thought,
life that is
that there
is
another sentiment
of him
I
think that Dallas, if he J.
T. Mason,
;
he had
tiie
it,
I
if it
am
would accept, would not.
told,
should be vacated.
reputation,
when
most eloquent young lawyer
tlie
His foreign service, especially
make him
cannot help thinking
at this particular
that there
is
It
but were
may do I
something
in apj)ointing
a President,
I
was
at
Maryland.
juncture of our
member of
a useful
in
the Cabinet. little,
notion of appointing the highest ofiicers in the Union, eration of place.
its
Richmond.
conjecture here, will receive little
foreign ailairs, might
carriers;
in
this
by consid-
tide-waiters and mail-
and forming a Cabinet
who
were to assist me in sustaining my vast responsibility, I Avould be no more governed by residence, than I would by the color of a man's
would,
hair. first,
?
yet they are both requisite to the harmony
will stay at
school, of being
I
lose in
the tenor of life's music, and friendship
at present advised,
Pinkney,
those
all
such a vicinity
was Pope's dying sentiment
nothing in
is
ought to have the appointment.
I
should
W"e both know
greater value :
How
foot."
its
of the piece
winter rains, mud,
its
have spent our youth and manhood to go down the hill, " hand in hand, and sleep
is
but friendship !"
As
I
together thus
to his situation,
bass.
should
could compensate me for
turbulence and wrangling, that
still
why
there in the rough, unbuilt, hot
is
and desolate hills of Washington, or in
of
for
;
be going from Richmond, when you arc coming so near
wish
C ceteris paribus^
I
would, indeed, regard
be very sure that the
Cceteris
it:
were paribus.
— but I
I
give
THE ATTORNEY GENERALSHIP.
CMAP. XIX.]
you
this
an abstract principle, and not as one which would
as
me
will believe ter
my
contribute to
at all
am
of which
friend
—
—
to
find
wish to
I
my
as soliciting a
this
know your
I
hope you
1
should think Wal-
I
say not
I
for
and because
in earnest,
was shocked
I
susceptible
my
to myself,
you, that
I tell
Jones a preferable selection.
I
As
promotion.
when
sincere
compliment from you, because
323
partiality
rcj)el
remark, on the other
that the principle of choosing
but
;
an inference side,
by superior capacity,
*******
would lead
to
my
have got myself into
I
This
appointment.
— so
wish to Heaven
I
I
is
will get out of
an
it
awkward scrape
as fast as
can.
could have gone over with Cabell but
had a mountain of business to prepare for the
The Old
I
Bachelor, you sec, suffers by
my
fall
I
I
campaigns.
engagements.
I
******
have not had time, or the temper, since the summer vacation
commenced,
to please
even myself, much less others, by an essay.
Mrs. C. and the Judge join
in affectionate
God
remembrances.
bless you,
Wm. Wirt. It is
scarcely necessary to remind the reader that Mr. Pinkney
succeeded
to the
in December of this year, was only deferred until the
Attorney Generalship
and that Wirt's accession to
succeeding administration
at
this post
Washington found occasion
for his
services.
Passing from these topics, the reader will be pleased with the glimpse, which the next letter affords, into the privacy of do-
and the affectionate solicitude with which tlie subject memoir devoted himself to the education of his children. His eldest daughter Laura was now eight years of age. He has already marked out her course of study and his aim is to awaken
mestic
life,
of our
;
her mind to a perception of the value of the discipline he inculcates.
To
that
end
this letter is
such plain and simple structure, lables
— as
may reach
addressed to her,
— almost
in
words of
language of single syl-
the comprehension of a child, but, at the
same time, wrought with admirable exquisite beauty.
in
skill
into a
moral lesson of
:
LETTER TO
324
There
DAUGHTER.
HIS
[1811.
more
nothing amongst Mr. Wirt's productions
is
pleas-
antly characteristic of himself, than this letter to his child.
TO LAURA
WIRT.
H.
Richmond^ September
My Dear my
and to
Laura
:
would have answered your
I
me
clients hardly leave
whom, of But
duties.
letter sooner,
but that
have not loved you the
on the contrary,
God
to help his
too lazy to try to help himself:
wagon
upon our Father
man
that
out of the mud, and
was
— no, we must
be thoughtful
us.
I
;
and then
am very
try
;
if
we
glad your
grammar is becoming easier to you. It will be more and more you give your whole mind to it. God has been
so, the
blessing you with a sound understanding; and,
very kind
in
would be
sinful
your mind
and making It
heaven, he will help
in
your sex, and
to
not be like the
our very best to learn our books, and to be good
suffer
first
you
he would bless you with
we must
But
a blessing to your parents.
prayed to Hercules
that
make you an ornament
health and happiness, and
Latin
owe our
I
less for not writing to
have been thinking of you with the greatest my bended knees, night and
I
morning, humbly begging of
more
courts
and praying for you on
affection,
call
my
time to write to your dear mother,
other earthly creatures, you and
all I
13, 1811.
it
you
in
to
go
to ruin, instead of
beautiful, as
would be almost
weW
bad as
as
it
it
such a great blessing, and
to neglect
improving
it
by
as useful, to yourself and
would be
for
study, others.
Uncle Cabell to be
so lazy himself, and to suffer his laborers to be so lazy, as to let his rich
low grounds run up
all in
weeds, instead of corn, and so
have no bread to give his family, and let
Now all
your mind
is
them
that your mother and father ask of you,
be so idle as to trious fruits
let
all
starve and die.
as rich as Uncle Cabell's low grounds
run to weeds
it
;
is,
that
you
;
and,
will not
but that you will be indus-
and studious, and so your mind will bring a
fine
crop of
and (lowers.
Suppose there was
a nest full of beautiful
that they could not fly
ing their
little
young
birds, so
young
and help themselves, and they were open-
mouths and crying for something
to eat
and drink,
and their parents would not bring them any thing, but were
to let
LETTER TO
CHAP. XIX.]
DAUGHTER.
HIS
325
them cry on from morning till night, till they starved and died, would not they be very wicked parents Now, your mind is this nest full of beautiful little singing birds much more beautiful and melodious than any canary birds in the world and there sits .''
;
;
fancy, and reason, and
memory, and judgment,
—
with their
all
little
heads thrust forward out of the nest, and crying as hard as they can for something to eat and drink.
Will you not love your father
and mother for trying to feed them with books and learning, the only kind of meat and drink they love, and without which those
sweet
little
die
Nay,
?
mother tine
songsters must, in a few years, hang their heads and
you not do your very best
will
to feed them, that they
to help
may grow
your father and
up, get a
glossy feathers, and cheer the house with their
moreover, w^ould
not be very
it
only, and let the rest starve
new
You
.''
wrong
to
it
suit
of
And,
feed some of them
are very fond,
story book, of running through
full
songs.''
when you
as fast as
you can,
get a just
knowing what happened to this one, and that one you are only feeding one of the four birds I have
for the sake of in
doing
this,
mentioned,
—
;
that
is
among them, and
fancy, which, to be sure,
will please
while you are thus feeding and stuffing fancy,
judgment are starving notes
much
;
:
Therefore, you ought
any food from them
;
must not gallop over
pounded that
it
is,
in
when you read
as fast as
:
they re-
a mortar before they can get
you
a pretty story,
can, just to learn
much
is
so
much
you
what hap-
you must stop every now and then, and consider
one of the persons you are reading of another so
to feed those
they eat a great deal slower than fancy
quire the grains to be
but,
But,
— reason, memory and
and yet, by-and-bye, you will think their
so loud, and wild, and varied.
;
the loudest singer
softer and sweeter than those of fancy, although not
other birds, too
pened
is
you most while you are young.
why
beloved, and
This sort of consideration pounds the Then you
hated.
grains in a mortar, and feeds reason and judgment.
must determine that you will not forget that story, but that you will try to remember every part of it, that you may shape your own conduct by it, doing those good actions which the story has told you will make people love you, and avoiding those evil ones which you find will make them hate you. This is feeding memory and judgment both at once. Memory, too, is remarkably fond of a tit-bit of Latin grammar and, though the food is hard to come
—
;
VOL.
1—28
THE BATTURE CASE.
326
at,
yet the sweet
little
The
bird must not starve.
do nothing without her,
for, if
[1811.
rest
of them could
she was to die, they would never
sing again, at least not sweetly.
Your
affectionate father,
Wm. Wirt,
We
have seen
that,
ferson's acquaintance
almost from the first moments of Mr. Jefwith Mr. Wirt, a friendly intercourse had
grown up between them, which had gradually ripened into the most cordial esteem and confidence. It was this sentiment, on the part of Mr. Jetl'erson, which led him to employ his young friend He subsequently engaged him as his in the prosecution of Burr. private counsel
various matters which required legal advice.
in
After his retirement from the presidency, he had more than once
which were more properly the care of the which attempts were made to hold him responsible, in his own person, for acts done in the course of his public administration. Of this character was the suit brought against him in 1810, by Mr. Edward Livingston, which was now pending for been annoyed by
Government, but
trial,
in
suits
in
the Circuit Court of the United States, at Richm.ond.
This case
well
is
case, which, in
its
known
to the legal profession as the Batture
progress, occupied a considerable share of the
public attention, and, not confined to the courts, produced a very
learned and elaborate controversy between the two distinguished parties to the cause.
New Orleans
the theatre of the great excitement to
which
the incidents belonging to this controversy had given rise.
The
was
new beach formed by
the deposits of the Mississippi, upon every
annual flood, had been claimed by the proprietors of the adjacent
bank, as legal accretions to their
own
Mr. Livingston
possessions.
being one of these proprietors of valuable lots serted his claim, in 1806 and 7, to
new
description of increase by alluvion.
He
in the city,
had
coming within had done this to the soil
asthis
dis-
many persons in New Orleans, who apprehended, from works constructed by him upon the beach, or batture, as
content of certain it
was
called,
the General
— serious injury
—
to the harbor.
Government was demanded
in
The
intervention of
the matter, upon the
ground that the beaches and beds of rivers were under
its
special
THE BATTURE CASE.
CHAP. XIX.]
Great exasperation prevailed in the city against Mr. and the grand jury liad preRiots were threatened
protection.
Livingston.
sented the
327
;
structure on the beach as a nuisance.
new
In response
application to the government, Mr. Jefferson had directed
to the
the laborers, in the
employ of Mr. Livingston, to be driven off the finally enforced by a posse coiniUitus. opposition to the judgment of a local Court
ground, which order was
This was done
in
which had decreed
in
The consequence stated, a suit against
Hay and Mr.
full
however, never reached
—
his counsel,
and were
notes of the merits of the controversy.
Mr. Wickham
The
a discussion of the merits of the
chief questions between the parties.
ment,
Mr. Wirt, Mr.
Mr. Jefferson for a trespass.
Tazewell, were employed as
furnished with case,
favor of Mr. Livingston.
of these proceedings was, as has been already
w^as dismissed after argu-
It
appearing for the
plaintiff,
— upon the opin-
ion of Judges Marshall and Tucker, that the Court
in
Virginia
could not take cognizance of a trespass committed on lands
This sudden termination of the case seemed
Louisiana.
equally unsatisfactory to both parties,
who had made
to
in
be
such ample
preparation for the main battle as not willingly to be reconciled to give
it
up.
The
controversy was therefore resumed with pen
and ink, and a vast amount of learning, seasoned by a due admixture of sarcasm, wit and invective,
was
lavished upon the subject,
very much to the edification of contentious riparian possessors and claimants of alluvial deposits forever hereafter.
Contemporaneous with
this
proceeding,
we
have a correspon-
dence between Mr. Jefferson and Mr. Wirt, upon a subject of more general interest, as connected with the political history of the past.
The
dence of
opened
its
lapse of thirty-seven years has stript this correspon-
private and confidential character, and
to the public
may now
be
without apprehension of unfriendly comment.
Duane, the editor of the Aurora
in
Philadelphia,
who had
been a most effective supporter of Mr. Jeflerson's administration,
had
lost
much ground with
the republican party, by his assault upon
Mr. Madison and Mr. Gallatin during the presidential canvass in which the former of these gentlemen had succeeded to the Chief Magistracy.
The consequence
of
this
imprudence was a
paper. The of the means to " mine of that secret not organ," in those days, had government
sensible
diminution
sustain his
LETTER FROM MR. JEFFERSON.
328
treasure
whicli
additional support.
the
hope
by
that,
our time has found
experience of
the
Duane was
])atronage of the ruling party.
[18U.
he applied to Mr. Jefferson,
In this strait
recommendation, the subscription
his
in the
and needed
in distress,
list
in
of the
Aurora would be enlarged, and the republican party be induced to contribute what might be found necessary. How this application fared will be seen in the extracts from the few^ letters to which I have referred.
FROM
JEFFERSON TO MR. WIRT.
MR.
MoNTicELLo, March De.\r Sir
30, 1811.
:
Mr. Dabney Carr has written
you on the
to
situation of the
editor of the Aurora, and our desire to support him.
That paper has unquestionably rendered to republicanism through
all its
incalculable services
struggles with the federalists, and
has been the rallying point for the orthodoxy of the whole Union. It
was our comfort
in the
gloomiest days, and
We
the office of a watchful sentinel. desert him, and unf&ithful to our
am
I
sensible, and
attacks
as unfounded, as
is
own
it is
still
too, that
injurious to the republican cause.
mean that on Mr. Gallatin, than whom there is no and who, after the President, is the ark of our safety. have thought
:
we do
that
Gallatin
;
not, thereby,
For
we
letter,
this
differ
what we may do
for
ourselves partisans against
from him on that subject,
we
and will not be wanting
his other services,
I
I
have written him the enclosed answer to
his
send for your perusal, on supposition that you
and would be unwillins: he should misyou may be able to render him, as an
in the sentiment,
the
construe
service
encouragement writing
all
make
can aid him.
purpose
which
concur
we
but while
retain a just sense of
as far as
truer man,
material that the editor should understand that
it
that attack has no part in the motives for
him Mr.
Still,
one of his late
I
I
performing
interests to lose him.
hope others are so
I
is
should be ungrateful to
to
down Mr.
when read
;
and
aUachmcnt and
proceed Gallatin. to
in
the
mischievous undertaking of
Be so good
bo assured of
as to return the
my
sincere
paper
and constant
res])ect.
Thomas Jefferson.
CHAP
CORRESPONDENCE WITH
XIX.]
MR. JEFFERSON.
329
TO THOMAS JEFFERSON. Richmond, April
Dear
Sir
have your favors by the
I
much
last mail,
and will attend to them with
pleasure.
any thing could be done for Colonel D. here,
If
shewing the copy of your
letter to
him.
I
I may receive your directions as You may rely upon it that D's name
in
or not.
it it
He
here.
is
retain
to
it
for
making use
has no magic
considered as the foe of Mr. Madison
republicans here have no sympathy with any
by
Avould be
it
shall
another mail, that
of
10, 1811.
:
;
man who
and the carries
opposition colors, whether federalist, qiiid or tertium quid.
The
distinction
which you make between the past
present aberration of the Aurora,
is just,
liberal
fidelity
and
and magnanimous;
and the sentiment might, perhaps, be spread by the contagion of letter. I have made one experiment, to-day, without it. The
your
answer was, the
S
that D. could not
want
friends, since his alliance
with
s.
By
the next mail,
to the possibility of
I shall
my
have
satisfied
myself conclusively as
doing anything without the aid of your
letter.
With
respectful affection.
Your
friend and servant,
Wm.
AVirt.
TO THOMAS JEFFERSON.
******* Richmond, April
Dear
Sir
17, 1811.
:
The copy
of your letter to D. has been
shown
to
one person
only
*
*
*
With
the use of that letter, some-
thing important might be done for D. in spite of the adverse spirit or, at least, distrust
his
paper has
which the
factious and equivocal character of
—
equivocal in relation to Mr. Madi-
lately excited
But his three or four last papers contain such insulting paragraphs in relation to Mr. Madison, that I think it very dubious son.
VOL.
1—28*
CORRESPONDENCE WITH MR. JEFFERSON.
330
whether even your
show
mitted to
The paper
letter
would not be too
late,
had
I
[1811.
been per-
it.
regarded, now, as an opposition one.
is
other light can
it
be regarded, when
In
what
exhibits the President as
it
being so perfectly the tool of Mr. Gallatin, as to have descended
******
from the ground of a gentleman in relation him " a shabby Genevan trick } " *
Can
Mr.
S.,
and played
charity or magnanimity require us longer to adhere to this
Can he consider
man.-*
to
it
he
as persecution to desert him, after
has abandoned his cause, the people and the President, and has
begun
to strain
every nerve to bring them into contempt
}
I
think
he has for some time required a lesson on the subject of modesty,
which the people
will
now
give.
Every gentleman who mentions
subject in
this
impossible to do any thing for him here
attempt would only disable
cause hereafter.
It
me from
my
hearing,
Believe me,
speaks with the warmest resentment against D.
now
;
it is
and any further
rendering any service to the
the impracticability of serving him pro-
is
duced by his own conduct, as well as the violation I feel it would be of my sentiments for Mr. Madison, that prevent me from *
*
*
proceeding.
*
I
return, here-
with, the copy of Mr. D's letter to you, and yours to him
beg you
to
be assured of
my
and
;
respectful and affectionate devotion.
Wm. Wirt.
thomas jefferson to william wirt. MoNTicELLO, May
'
Dear
3, 1811.
Sir:
The
interest
you were so kind as
to take, at
my request, in the my first letter to
case of Duane, and the communication to you of
him, entitles you to a communication of the second, which will
probably be the
last.
I
have ventured
without giving your name, and pressions respecting him. as to
Mr. Madison
enmity took
—
its rise
It is
but, as to
to
quote your letter
even softening some of possible
in
its
it,
ex-
Uuane may be reclaimed I despair of it. That
Mr. Gallatin,
from a suspicion that Mr. Gallatin interested
CORRESPONDENCE WITH MR. JEFFERSON.
CHAP. XIX.]
himself
the election of their Governor, against
in
Duane and it. I was
331
the views of do not believe Mr. Gallatin meddled in conversation with him nearly every day during the
his friends. in
contest, and
I
I
never heard him express any bias
The
in the case.
*******
ostensible grounds of the attack on
Mr. Gallatin are
all
either
false or futile.
But they say he was hostile to me.
This
is
false.
I
was
in-
debted to nobody for more cordial aid than to Mr. Gallatin; nor could any man more solicitously interest himself in behalf of another than he did of myself.
His conversations with Erskine are
Why
objected as meddling out of his department. not object to Mr. Smith's with
Rose
The whole
.?
then do they
nearly of that
was transacted verbally, was by Mr. way, explained informally and, on understandings thus obtained, Mr. Madison and myself shaped our formal proceedings. In fact, the harmony among us was so negotiation, as
Smith.
The
perfect, that
far
as
it
business w^as in this
;
whatever instrument appeared most likely
to effect
was always used without jealousy. Mr. Smith happened to catch Mr. Rose's favor and confidence at once. We perceived that Rose would open himself more frankly to him than to Mr. Madison, and we, therefore, made him the medium of obtaining an understanding of Mr. Rose. Mr. Gallatin's support of the Bank has, I believe, been disapproved by many. He was not in Congress when that was estabthe object
lished, and, therefore,
had never committed himself publicly on
the constitutionality of that institution, nor
have heard him declare himself on convenience from
it,
it.
I
do
I
know he
because they gave the
recollect ever to
derived immense
effect
of ubiquity to
money wherever deposited. Money in New Orleans or Maine was, at his command and by their agency, transformed in an instant into money in London, in Paris, Amsterdam or Canton. He was therefore cordial to the Bank. I often pressed him to divide the public deposits among all the respectable banks, being indighis
nant myself at the open hostility of that institution to a govern-
ment on whose treasures they were to
it
Bank
prevented
—
what
is
my
persisting.
fattening.
And,
if
But his repugnance
he was
in
the amount of that crime or error in
a majority, save one, in each
House of Congress
favor of the
which he had
as participators
?
— CORRESPONDENCE WITH
332
Yet, on these facts endeavors are
MR. JEFFERSON.
made
to drive
[1811.
from the adminis-
man, except the President, who ever was in it, and to beat down the President himself, because he is unwilling to 1 believe Duane to be a very part with so able a counsellor.
tration the ablest
honest man, and sincerely republican
;
but his passions are stronger
than his prudence, and his personal as well as general antipathies
These
render him very intolerant. require his readers
traits
lead
— even those who value him
him
astray, and
for his steady sup-
port of the republican cause, to be on their guard against his occasional aberrations.
He
is
eager for war against England,
But the people wish prove it; and, insame men The re-election of the for peace. rational as as agaiftst deed, war against Bedlam would be just
hence his abuse of the two
Europe,
last
Congresses.
peace becomes more losing than war, on principles of pecuniary calculation. w^ar to reform all Europe, and bring
we may
prefer the latter
But for us
them back
to attempt a
to principles of
morality and a respect for equal rights of nations, would to
be only maniacs of another character.
We
my my
La Mancha.
letter,
and
But
will, therefore,
I
am
show
us
should, indeed,
have the merit of the good intentions, as well as the hero of
When
of total demoralization.
in its present condition
folly,
of the
getting beyond the object of
here close
it,
with assurances of
great esteem and respect.
Th. Jefferson.
CHAPTER XX. 1812 — 1813. THE WAR. — ITS EXCITEMENTS.— WIRT DECLINES A COMMISSION IN THE ARMY.— VOLUNTEER SOLDIERY LIFE OF HENRY.— BURNING OF THE RICHMOND THEATRE GOVERNOR SMITH.— CARR APPOINTED CHANCELLOR, AND REMOVES TO WINCHESTER LETTERS TO HIM VV. ATTEMPTS TO WRITE A CO.MEDY. — JUDGE TUCKER'S OPINION OF THE INFLUENCE OF SUCH LITERATURE ON PROFESSIONAL CHARACTER DIFFICULTY OF COMEDY.— PROFESSIONAL DIGNITY RICHMOND BAR ANECDOTE OF A TRIAL BETWEEN WICKHAM AND HAY.— EPIGRAM WARDEN LETTER TO CARR.— TIRED OF THE OLD BACHELOR. — BIOGRAPHY. — LETTER FRO.M JUDGE TUCKER ON THIS SUBJECT.— INCIDENTS OF THE WAR.— BRITISH ASCEND TO CITY POINT WIRT RAISES A CORPS OF FLYING ARTILLERY.— LET'J'ER TO MRS. TO DABNEY CARR GILMER, A STUDENT OF LAW.— LETTER OF ADVICE TO HIM.
—
W—
We the
have now approached a period of war of 1812. They who remember
great public concern the interest
which the
events of that period excited, will not need to be told that
it
per-
vaded every portion of the country and furnished an absorbing Along the Atlantic border, this was increased by continual alarms produced by the enemy,
topic for every social circle. interest
whose squadrons hovered upon the coast and not unfrcquently made descents upon exposed or unprotected points. Although the Canada frontier was the scene of the severest conflicts, and was therefore brought to realize the worst extremes of war, there was still
enough of threatened and actual
rivers of the Atlantic and the
collision
upon the bays and
Gulf of Mexico,
to
keep
all
region in a state of anxious outlook and busy preparation.
blockade of
this coast, in
that
The
general loosely and inadequately main-
was rigidly enforced at two points, by the presence of The cities of ships of war in the Delaware and Chesapeake. Philadelphia, Baltimore, Norfolk, and Richmond were thus admonished of impending danger, and were consequently ever upon the alert. The frigate Constellation lay at Norfolk, and more than one effort was made by Admiral Warren to effect her capture. One of these efforts in June, 1813, was the assault of tained,
THE WAR.
334 Craney
Island,
where
tlie
British
[1812— 1S13.
forces
were defeated by
the
Virginia militia, aided by the seamen of the Constellation, under
command of Commodore
the
was
The
Stewart.
villag^e
disgraceful barbarities practised upon the inhabitants
which were the more notable cases, against
atrocious, as they
women
were
;
ticulars
of
time, a
the
in the
some
wiio were forced to submit to the
of the rules
execrable violation
this
warfare are yet fresh
barbarities
directed, in
The
most shocking outrages from a licentious soldiery.
at
Hampton
of
afterwards attacked by the British and taken, and the most
memory of
par-
of civilized
that region, and obtained,
prominent notoriety amongst the most revolting
events of the war. It
may be imagined
such incidents aroused a universal
that
of anxiety every where
over the district within the supposed reach of the power of the squadron, and kept the feeling
people of the country
a constant state of feverish expectation
in
The
of the probability of fresh encounters.
militia of the interior
were always prepared for a summons to the coast; volunteer companies were every where formed and the stir and show and apparatus of war became the most familiar objects to all classes ;
of the population.
With
all
disquietude
the
belonged to such
uneasy apprehension which
and
a state of things, tliere
was
The ;
preparations for
camp
and the occasional experience of
life
the expectation of actual service w^hich
tliose selected for
duty
;
;
was ever present
the busy activity of preparation
martial aspect of every society
town
degree
relished
portions of the community.
by the younger and more enterprising it
also a certain
was greatly
of intense and pleasant excitement, which
;
;
to
the
the military array seen in every
the music, the banners, the daily parade, the rapid muster
and equipment of men
;
the frequent marching of detachments to
threatened points; the performance of garrison duty, the brother-
hood and companionship of military its
life
comic as well as serious incidents
;
;
its
adventures,
all this,
its
stories,
under the pleasant
skies of a mild season of the year, without the discomforts and suflerings of a severe campaign,
— not
far
from home, and consegave a
quently within the reach of abundant food and shelter,
—
kind of sunshiny holiday attraction to the period, which, as
I
have
DECLINES THE REGULAR SERVICE.
CHAP. XX.]
335
remarked, rendered the war, to the great mass of those
who were
most familiar with these scenes, rather a pleasant change from the
monotony of ordinary quiet
Richmond enough
to
life.
one of the centres of
w^as
be threatened with invasion,
be guarded against sudden surprise.
may be
war, therefore, she found
in the agitation
said,
this
—yet
During the two years of the
with some exceptions, to have
of the public events, an agreeable supply of
novelty to feed that appetite for
news which was scarcely
acteristic of the gossiping Athenians in the
own
of our
people
excitement; near
sulRciently remote to
time to which
in the
I
less char-
days of Pericles, than
have referred,
— which,
indeed, has sufiered no abatement since.
Wirt was, a
now
the head of his profession, enjoying employment and emoluments. The war was
at this time, at
share of
full
its
The
at his door.
enough then
to take
military ardor of 1807,
him,
if
which was strong
occasion offered, to Canada, was
now
somewhat tempered by the monitions of professional and domestic duties. The idea of the legion was not revived Canada was committed to other hands and all those dreams of martial glory, which had once captivated his younger imagination, were sobered into a sensible resolve to do his duty at home, as a citizen soldier, :
;
when
upon, and to transfer his aspirations after warlike
called
renown,
to those
whom
fortune had not yet favored with a better
reputation.
Some
intimation
Wirt would
still
was given
to
Mr. Madison, by
accept a commission
in
a friend, that
This led him
the army.
to write to the President a letter, declining such an appointment, in
which he
stated, that
" however
strong the desire to enter the
service of the country actively, the situation of his private atfairs
would not permit
it.
Circumstanced as he was, such
a step
would
be a sacrifice, not called for by the posture of the country, and
wholly incompatible with his duties
to his family."
Thus renouncing a purpose which he had, a few years before, cherished with so much zeal, he was now content to take his part in the
scenes around him, in whatever manner he might be able to
make himself one time
in
useful.
A
portion of the British squadron had, at
1813, ascended the James River as high as City Point,
and thereby aroused the Capital to a vivid apprehension of an attack.
At
this juncture,
Wirt raised a corps of
flying artillery,
THE FLYING ARTILLERY.
336
which,
under
consisting-
of the choicest material of the country, was,
command, brought
his
and efficiency
—
alas
!
own
into an excellent state of discipline
without an opportunity, (as
without disparagement, their
[1S12— 1613.
it
we may
say,
fortunately turned out,) to demonstrate
or their leader's prowess before the enemy.
Richmond many attacks which were threatened without being and was favored with the most satisfactory opportunities,
survived the
made
;
short of bloodshed, to evince her patriotism and public
Thus be
The
ever in
it
all
future
wars
valor of our volunteer soldiery, which has latterly
such miracles upon the bloody
fields
worked
of Mexico, was not less con-
war of 1812, though exposed,
fided in in the
spirit.
!
at that time, to a
much
severer probation, before the veteran soldiers of Welling-
ton.
That the exploits of the volunteers of
brilliant as those
of the latter period,
the character of the
army
has had to encounter.
itself,
The
we may
that
day were not so
attribute, not less to
than to that of the
levies of
enemy each
1812 were gathered from
more actuated by the common
the general mass of the population,
sense of duty, in the crisis, than by any predilection for military
They
adventure.
pursuits, taken
with
included, therefore, citizens of
and
the dependencies
all
all
ranks and
from the very midst of their families and business, concerns of domestic
strongly soliciting their care and protection. the field, not from choice so
much
as
They
life
yet
repaired to
from a sense of eminent ne-
cessity exacting the temporary sacrifice of their time and service.
The
volunteers of Mexico, on the contrary, were the picked
men
of the nation, who, devoting themselves to a service more than a thousand miles from home, went to
it
adventure and love of martial
They
life.
under the strong impulse of consisted of the young,
(he ardent and the brave, who, for the time, renounced tic pursuits,
distinction
Thus
and marched
to the
and disenthralled from
fortified
field,
all
domes-
animated by the hope of
all civil
cares and engagements.
by resolve, stimulated by love of the profession,
cheered by loud acclamations of friends, unimpeded by domestic solicitude,
and
tional character,
filled
with
the
ardor and courage of the na-
they more resemble the chivalry which, a few
centuries ago, assembled around Gonsalvo de Cordova, or Gaston
de Foix,
in
their descents
upon the
any army of modern times.
The
fields
skill,
of
Italy,
than they do
concert, impetuous valor
LIFE OF HENRY.
CHAP. XX.J
and persevering labor of their mendation from military
337
be the theme of com-
assaults, will
critics in centuries to
come
whilst the
;
disproportioned numbers,
brilliancy of their victories over such
and the rapidity of their conquest of the strongholds of Mexico, will
be regarded as the marvels of the age
which they were
in
achieved.
The
contests of the regular
war of 1812,
army on
The
the latter period.
the
won by
laurels
Canada
frontier, in the
comparison with those of
will suffer nothing in the
the youthful General at
Chippewa and Lundy's Lane, will retain a verdure as fresh as those which the same chief has plucked in his elder day, upon the plains of
Mexico.
Wirt's professional engagements had his
lowing in
seems
his success
to
now
so multiplied upon
all his
time, and the reputation fol-
have so
far gratified his ambition, as,
hands as nearly to engross
a great degree to suspend his literary projects
restrict
them
to
few and desultory efforts. which had been completed
the greater part of
slumbered through
Life of Patrick Henry, too, at first,
after to notice the
in the
year 1811,
the following year, and, after a slight en-
all
deavor towards a revival, was promise than,
or, at least, to
The Old Bachelor,
finally
to
We
seemed.
it
embarrassments of
became of it. a letter from Mr. Jefferson
The
disposed of in 1813.
was found
be an enterprise of
shall
less
have occasion here-
this task,
and
how weary
the author In
former expresses a difHculty
in
to
him upon
Henry, which Wirt had already felt. Wirt remarks " I despair of the subject.
publication of facts regarding
—
In
answer
It
has been continually sinking under me.
to this letter
cannot be prudently published by at present, to I
still
think
prepare it
this subject, the
regard to the collection and the
me
The
during
my
truth perhaps,
life.
and leave the manuscript with
it,
a useful subject, and one
I
propose,
my
family.
which may be advan-
tageously wrought, not only into lessons on eloquence, but on the superiority of solid
and practical parts over the transient and
gaudy show of occasion. you
to enable
portrait of I
may
in the
me
I
wish only
to illustrate
it
and adorn
had been convenient to
my theme by
a short
Mr. Henry's most prominent competitors."
notice here, as
course of VOL.
this
1—29
some reference to the event will be made Richmond had, in the last
narrative, that
BURNING OF THE THEATRE.
338
week
of the year 1811
— the
day
after Christmas
[1812-1813.
—been
visited
overwhelming horror, in the burning of the Theby which had attracted to the house an performance during a atre, cherished members of the society of most the of crowd unusual and a hundred persons were burnt up in sixty Between the city. a calamity of
the conflagration.
Amongst these were
the
Governor of the State
George W. Smith, Mr. Venable the President of the Bank of Virginia, Mr. Botts the gentleman whom we have seen engaged as one of the counsel of Burr his niece,
of
with many
Richmond
;
the wife of this gentleman and
other ladies most endeared to the community
— young and
aged
— were
Richmond was shrouded
catastrophe.
also in
whelmed
in this
awful
mourning, with scarce a
had not suffered some bereavement. So melancholy a disaster, we may suppose, would leave its traces upon the It was long before Richcharacter of the city for many years. mond resumed that cheerful and careless tone of social enjoyment family in
for
which
it
it
that
was previously
distinguished.*
ensuing letters unfold some interesting particulars of perthe sonal history, making occasional references to the incidents of aspirations, literary the of evidences few some presenting and war,
The
rather than labors, of the writer.
They
furnish besides, agreeable
pictures of the contentment and cheerfulness which attend a pros-
perous
The
life.
nomination of Judge Carr to the Bench, by the Governor
and Council, required the • I find a
in
ratification
of the Legislature.
In this
manuscript reference to this sad event, amongst the papers of Mr. Wirt, detailed some of the particulars attending the death of the Gov-
which he has
death," says this reI extract a few passages—" On the fatal night of his nine or ten years old, to about " sons, his and one of his wife taken hud he cord, the play. At the cry of fire he led Mrs. Smith into the hox lobby and recollecting that he had left his little son behind in the box, he told her to remain there until he
ernor.
;
stepped back for the boy.
It
was her wish
to do so, but the pressure of the
crowd
bore her away. When the Governor returned, his wife was not to be seen. He hastened down with the boy, and having placed him in safety on the outside of the
In the meantime, she after it is supposed, to look for his wife. having been pressed to and fro, by the waving motion of the multitude, was fortu' nately driven near a window, just at the time when the word was given to break down the windows' and through this, by a leap of twelve or fifteen feet, she made door, returned,
—
she her escape without other injury than a sprained [ankle, and the bruises which received from the pressure of the crowd. Her husband, unable to find her, perished in the generous and pious pursuit."
CARR APPOINTED CHANCELLLOR.
CHAP. XX.]
proceeding,
in the session
339
of 1812, an opposition was got up against
the Judge sufliciently strong to defeat liim.
During
tlie
year
in
which he had served on the Bench, it was universally admitted that entire satisfaction was given to the puhlic that, in fact, the office was administered with distinguished ability. The oppo-
—
sition is
have arisen out of objections of a purely local
said to
what was supposed to be the claims of acknowledging the Judge's merits, purpose to retain him in the Judiciary, the Le-
character, which touched
other persons.
and with
It is
a special
new Chancery
gislature created a
was
of which Winchester
district,
the seat of justice, and bestowed the appointment to
This appointment he promptly accepted.
him.
change
to
said that
his residence
change seems
It
from Charlottesville to Winchester.
have gone hard with him for some time.
to
it
upon
compelled him
The
To
one
of his genial temper and love of domestic associations, such a
breaking up of settled habits and separation from familiar faces,
was
rather a severe tax upon his affections.
occasion of the next
This
will explain the
letter.
TO JUDGE CARR. Montevideo, Buckingham
Mv Dear
Friend
Cabell and myself went
down
at the
attend the Court of Appeals, where, letters, I
Co., Nov. 12, 1812.
:
beginning of the month to
among
a large packet of other
found your affecting favor from Winchester, which
read to him.
As
had been
I
all
the
I
summer absent from Richstay with the Court of Ap-
mond, and had then but a kw days to whom I had also to prepare my statements, &,c., I could find no time to answer you from that city to atone for it I
peals, for
:
seize the I
first
need not
feelings/, yet I,
hour of composure here,
know, experimentally, all
that
we have
every change,
you.
you that I enter fully into your situation and who have been torn so often from neighborhoods
and friends, and forced to make
are
—
commune with
tell
new
'should not have felt the change on I
to
A
that the
first
among
strangers,
account, so acutely.
pangs, on these occasions,
Nature soon accommodates us
to
and not unpleasing melancholy, from
a
to endure.
soft
settlements
my own
— 340
LETTERS TO CARR.
remembrance of the
past,
now and
business and social intercourse
[1812—1813.
then recurs in the pauses of
but from circumstances and
;
sit-
uations apparently the most unpromising and hopeless, the great vis medicalrix
nalurcc enables us to extract not merely consolation,
We
but amusement and happiness.
whose
characters
oddities divert us
become acquainted with new whose intellectual adroitness us whose amiable qualities
;
and resources interest and instruct and kind ners
warm
offers
may keep
;
A
and attach our hearts.
tive electricity of bodies differently
charged, but intercourse pro-
we
duces an assimilation, and instead of repelling, to attract
whom we liarities
or
;
difference of man-
us asunder for a time, like the negative and posi-
if
we
own
nor communicate our
live,
begin mutually
neither acquire the manners of those
soon become so familiar to
among
to them, yet their pecu-
we
us, that
are not conscious
******
of them, but look at once through them to the heart and mind of the person.
Now, why
we
can
not put a
little
philosophical force upon
ourselves, and anticipate at once those results
nature will ultimately bring about the painful interval between the
nance,
we
hold
off,
shy and aloof,
giving
if,
we
shall
—
if it
does not end
other hand,
in a fixed
in instances
own judgment
in
we
shall avoid
way
to this repug-
beget equal shyness on
the other hand, and the interval of indifference one,
which we are sure
this course,
repugnance, and the accom-
first
For example,
modation of habit.
By
.''
may be
a very long
and mutual aversion.
If,
on the
which established character, or our
of the individual warrants
we
it,
at
once break
generate those same qualities in strangers towards ourselves,
we who
have also their prejudices against us to vanquish, and thus,
like
through our prejudices and force a familiarity and intimacy,
Scott's stag, "at one brave
bound the copse
" which &c. hath much learning
Why
may you
not form
we
clear," &c. &c.,
in it."
new
friendships there
.''
I
must be
you that I feel some jealousy at this suggestion, myself, and do not want you to love any new friend quite candid enough to
so well as
I
tell
hope you do me, and
as
I
certainly
magnanimity, therefore, or the nobler side of
do you.
my
suggests this consolation to you for those friends from
have been separated.
It is
my
friendship, that
Against these suggestions, you
whom
you
may urge
LETTERS TO CARR.
CHAP. XX.]
the
common
opinion that ardent friendship cannot be formed at
your advanced
of
state
point experimentally
But then,
am
1
who
self,
341
life.
To
be sure, / cannot reason on
— " you must go
informed by books, of
this
some one older than me."
to
men
nearly as old as your-
have formed the warmest friendships
:
for example,
was Walsh, who at the age of seventy contracted a most vehement friendship for Alexander Pope, then only sixteen years of age, which lasted through life, that is through Walsh's life. And Pope himself, when sixty, contracted a similar friendship for Warburton. Examples might be easily multiplied to shew the there
physical possibility of such friendship.
I
have, myself, formed
the most sincere and disinterested friendship for at least old
have for now,) as
my
two men,
am convinced that I shall Frank Gilmer, (who you know is a member of my family warm a friendship as if he were my brother.
enough
to treble
years; and
I
This disparity of age seems to be necessary to bring about that which in some way or other, must be the basis of friend-
equality
Where
sliip.
equality of years
be rendered equal
is
wanting, the partnership must
some other way.
For instance, one brings youth and genius into the fund; the other, age and character. Perhaps a better, though a less artificial solution of it is, that the in
one or the other must be inexperienced and credulous conscious of his
Two
old
own
men do
;
the other,
purity.
not form these friendships
:
reciprocally aware
of the fallacious exterior of characters, they cannot trust each other.
Fortunately for you, the tooth-ache has stopped this lecture.
Your
friend,
Wm. Wirt. Carr did not receive
this
enclosed in the following
VOL.
1—29*
:
letter until
it
was brought
to
him
— LETTERS TO CARR.
342
[1S12— 1813.
TO JCDGE CARR. Richmond, March
Very
well,
Throw my
—
sir;
letter
consume* and abuse me as much
away, and say that
the grace of the act
all
gone
is
;
quainted in Winchester and happy in
31, 1813.
you please.
have delayed writing
I
that,
as
till
now you have become acyour new acquaintance, so
as no longer to require the cheering letters of your old fiiends, first
write,
would not
I
my
or care for
I,
when you wished me to when you no longer wish me to write,
time, begin to write; that,
for the
;
and that
writing,
pester you with
I
my
letters
that
;
have
I
played by you, as a friend, pretty much such a part as Johnson says Chesterfield played by him as a patron
my
lord, one
who
:
"
depth, without going to his relief; and
not a patron,
Is
water above his
sees his client struggling in
when he has reached
shore, incumbers him with his needless assistance?"
thought, cool
*
I
read the
it
professes.
my
was, to have done
*
*
*
which
enclosed,
when and where *
the
is
the
Well have you got do assure you was
pretend not to quote his words.
I
Now
.''
written clined
—
This
;
I
You
how
see, then,
well in-
duty promptly towards you
my
the necessity of
hurrying
;
but
down
to
Richmond, where the Federal Court, and the Court of Appeals were sitting together, the manner in which I have been kept un-
—
der the lash, by the Court of Appeals, the circumstance of
my
being
in
about ten days ago,
until
the nineteenth regiment,
which
has been called on duty and placed on the war establishment,
having been discharged
until
last
Saturday,
— and
— not
the anxieties
generated by the vicinity of the British; the uncertainty of their plans, and the defenceless condition of the State have, in succession, held
me "
in
ease. fall
;
Come, come let the
me
durance vile," unharmonising
correspondence with you which ;
so
much
your choler give
let
angry blood
I
in
your cheeks
for that sweet
enjoy, in peace and
way
retire
;
;
your cheeks,
themselves, subside; and do not look quite so
much
Tonans, when he "
so.
•
to
There
injlat
amhas huccasy
So,
your crest
let
let
like Jupiter
Now we
are several references in the letters to thia phrase of Carr's,
have been the limit to wliich
of imprecation.
hid
are
which seems kind nature would allow him to go, in the way
WRITES A COMEDY.
CHAP. XX.]
343
we were, and I will mend my pen. You know the Scotchman, under similar circumstances, cried " halt a little, while I
as
tak' a
wee
pickle o' sneeshing,"
Sir John Borlase
Warren, certainly mollilcr manus imposuil^ for The more fool he, the more fortunate we. He mii,dit, with the three thousand marines, which he is said to be able to detach from his ships without weakening their defence too much, have battered and burnt down our cities of Norfolk and Richmond, have plundered our banks and demolished our armory
which
I
thank him.
He
and the archives of the nation.
we do
has waited so long, that
now
******* not fear him; while we,
by no means,
feel
ourselves so
secure as to lay aside our caution.
The Old Bachelor
is in the bookbinder's hands, at Baltimore, waiting only for a ^ew additional numbers, which I have not yet had time to scribble ; so, that you see, we are likely " to
and
is
float
together doicn the gutter of
time,''''
as Sterne says.
Did you never see two or three tobacco worms swept along by the little torrent produced by a sudden shower of rain swept along, with all their treasures, and crawling out, half drowned, twenty or thirty yards below.' Shall our book have a longer race, or we a more honorable catastrophe ? .^
Now,
sir,
your private
ear.
I
—
have a sentimental drama
{la
comedie larmoyanle,) nearly finished, which will be quite finished this spring, or early in tlie summer. I think tolerably well of it.
Green and Twaits, who saw three acts of it in the crude, first draught, augured favorably of it. Judge Tucker, the only other person
who
has seen
declared himself highly gratified by the
it,
perusal.
Tlie players are anxious to get give
it,
when
it from me. I had promised to Green's daughter who, poor girl, pe-
finished, to
rished in the theatre.
determined to submit
But, before it,
it
leaves
when completed,
cided by your judgment entirely as to
you love me too well either character for authorship
is
my to
possession,
you and
its fate,
because
to flatter or spare
I
am
be de-
to
know
I
me, where
my
concerned.
I want to know your opinion now, whether, be good, the circumstance of its being a play
if is
the
work
likely to
itself
do
me
any injury with the world, either as a man of business or as a
:
LETTER FROM JUDGE TUCKER.
344
[1812— ISIS.
man pretending to any dignity of character ? On this point, I am For example; how would it act on the character of dubious. such men as Jefferson or Madison or Monroe or Marshall or Tazewell, to have it known of them that they had been engaged
—
in
so light
weigh would
this let
Will you
and idle a business as writing a play?
At one moment, I think it another, that it would give spirit and
question thoroughly?
them down
at
;
relief to the greatness of their characters
;
that
is,
supposing the
play to have been a very good one.
Talking of authorship, what
" Tut
if
I
— a boy — Poh, a boy! —pshaw, !
Our
love to you
do hold
my
head high?
mere boy
!"
So no more.
a
all,
Wm. Wirt.
We
have not Judge Carr's answer to the questions propounded but, from the correspondence with in the last clause of this letter questions seem to have been same Judge Tucker, to whom the ;
addressed I
am
— (the
letter
from Wirt to him has not been preserved)—
enabled to present
my
reader with a reply quite worthy of
preservation
" You ask," says the Judge, " how far a discovery that you have entered the dramatic lists may affect your professional Belles-lettres and the Muses have been too little character. cultivated in America, or cultivated with too little success by their votaries to
enable us to judge.
McFingal, was,
think, a lawyer.
I
opinion of his talents.
It
is
Trumbull, the author of
That poem rather
my
entitled, in
place in estimating the American talent for poetry.
'Conquest of Canaan' seems quarter of the Union, at least. and he
now
to
have advanced him,
He was
raised the
opinion, to the
first
Dwight's in his
own
young when he wrote
it,
the papal chair of taste and erudition, as well as
fills
genius and religion, in
New
England.
Humphreys, the
aid of
Washington, ventured to display his poetical talent, almost as soon His pieces were well received and he as the war was ended. has been a foreign minister, or something of the sort. Barlow ;
has come forth the author of
advanced by
in
epic poetry, borrowing from Tasso, Milton, and
The it
;
Lusiad. yet,
His character,
we now
see him
I
think, has not been
as an
Envoy
abroad.
INFLUENCE OF LITERARY REPUTATION.
CHAP. XX.]
Should he said,
too (I
fail in his
known and
little
was
believe that
These are
too
be surprised
shall not
hear
to
it
My others
all
in
me where the America by persons of any profes-
own apprehension
that a taste for the
is,
under that description, dramatic
belles-lettres, including,
as well as
lower
his play.) either to raise or
the instances that occur to
all
standing.
Burke was Bethlehem Gabor
reputed for his
little
name of
the
Muses have been wooed sional
I
might have been predicted from his ])oem.
it
him.
embassy,
345
is
very low
poetry
America generally.
in
That
even though any such production should please for the moment, or continue to please a
longer than a moment,
little
it
does not
constitute any thing estimable in the public eye, nor advance the
author
To
to
this
man of any
a
who has inspired an poem be given to the world person
as
ajeu
may
the public estimation, but
in
apply
to profit or
party,
—
in
such a manner as to appear merely
of a leisure moment, and without any
emolument, or as an offering
think, in such a case, the public
I
effect.
the author be a
if
exalted opinion of his talents, and the
d^esprit, the effusion
view
have the contrary
profession,
of
at the shrine
would regard
favor-
it
ably, and as an evidence of a variety of genius and talent capable
of embellishment beyond the professional walk. nothing in
composition
the
previous public opinion of the author's talents,
well received, but will advance him
man of happy want
it,
will
in the
Such a man
genius.
approbation of those
who have
be
there
it
will
be not only
general estimation as a
will, like Sheridan,
taste to-
pretend to admire.
If
below the standard of the
itself
He,
win the
and those
who
therefore, runs but
little
admire
;
risk."
These are the opinions of a competent
may
critic in
We
1812.
smile at the sober earnestness of the question and the gravity
of the answer.
That
this should
be even a moot point
at that
day, would seem to argue that, as yet, there was no literary public in the United States the value of literary talent.
;
no adequate appreciation of
at least,
That Doctor Johnson might write a
tragedy, or Canning delight in witty doggrel, and not lose caste
church or
wonder of 1812.
state,
we may
infer,
was
a
problem
the anxious literary adventurers of
We
tlie
generation of
have seen that AVirt was not to be baulked
career of his
humor by
these doubts
;
for
in
to excite the special
in
the
he had already perpe-
THE COMEDY.
346
[1812—1813
some glaring enormities in prose, and was now actuallyThis comedy, which it appears he was meditating a comedy. upon, still survives amongst his manuwork at some two years trated
scripts.
I
find various
letters of his friends
Judge Tucker.
It
approbatory comments upon period,
this
called "
was
nor played,
never published
would
at
and most
likely,
The Path
— from
infer, in the writer, that
of public judgment.
— especially
it
in the
those from
of Pleasure," but was
secret
a
in
consciousness,
I
might not safely pass the ordeal
it
Wirt was a better
upon deliberate review,
critic than his friends;
after the fervor of
com-
to a determination not to incur the
position had subsided, came hazard of that disapproval which, in the matter of a theatrical exhibition, is proverbially the most painful of all to which an Whatever ground there may be to author can be exposed.
how
question
far professional success
may be
able to stand with
the repute of elegant scholarship, there can be
debate upon the point that no professional man
commit
been the trial
fate of the
for
safely
I
but public judgment
;
do not say that this would have if it had been submitted to very uncertain, and Wirt himself
Path of Pleasure, is
does not seem to have had confidence enough be willing to challenge a sentence. literary composition, the liighest
room
his reputation to the ordeal of facing the authorship of a
play that has been damned.
the
little
may very
product in this
tragedies for one
most
difficult,
the
production to is,
of
all
and a good comedy the
We
art.
comedy of
in his
Dramatic writing
have a same grade.
dozen respectable
To
paint character
by dialogue, with the requisite brevity, wit, and adaptation to the story, which comedy requires to avoid exaggeration and carica;
on one hand, and tame, insipid portraiture on the other ; to invent a plot which shall have the requisite variety of incident
ture,
to give
it
interest,
and yet to evolve
confusion, and to carry
it
along
in
it
without obscurity or
the conversation and action to
which the stage limits the author, require a kind and degree of talent which is, by no means, necessarily, nor even ordinarily, associated with the powers of the most accomplished writers, or speakers.
Even
poets, and the most skilful novelists,
— those who
have been most conspicuous for the force, nature and vivacity of their dialogue, have failed to produce good comedy. Moore and Scott are signal illustrations of this fact, and we might add
—
DRAMATIC LITERATURE.
CHAP. XX.]
many
others well
known
to
the reader.
347
Whilst
equally
is
it
capable of proof that the best dramatic writers, and especially in
comedy, have what we might suppose
the department of
attained to no remarkable dis-
tinction in
to
departments of
That Wirt was restrained by no this essay in the
we
he the cognate and congenial
literature.
dramatic
field,
of dignity from
false notion
we may
well believe from
That the public was,
have seen of his character.
all
that
at that
day, absurdly prejudiced upon this question of the gravity and
decorum of professional life, is probable enough. remarked by foreigners that in all externals, at
least,
grave and even a saturnine people
a certain
:
that there
It
is
of make-believe and constrained show of what
is
has been often ours are a
amount
considered the
propriety of place and vocation, apparent in the deportment of
our people,
—giving
them
to
demeanor
a thoughtful and reserved
in
society, very unlike the free and careless undress of social life in
A
Europe.
secretary of state or a counsellor at law
may hardly
play at leap-frog with us, without finding hands and eyes upturned at
such tomfoolery, and some severe comments touching dignity
and
concomitants
its
;
whilst
European society would scarce
worth a comment, except in the way of kindly illustration of the jocund temper which not even the cares of state or the hard Curran at the head of study of legal quiddities could subdue.
think
the
it
Monks of
the Screw, and Jeffreys fomenting the waggeries
of the Scotch bar, or Napoleon playing a part cals, are not
public and
its
Richmond,
by
Still less
perhaps, is entitled to
be regarded as
The community fellowship, and, fair
was
notions of "dignity."
this national quality than
very
in private theatri-
even yet quite within the conception of the American so
it
1812.
in
less affected
most other portions of the country.
of that city have been rather famous for good
— what may be
toleration of
said in their
the eccentricities
commendation,
which belong
— of a to
the
practical exemplification of the adage, "dulce est desipere in loco."
The memories
of their private associations, and especially at the
with good stories and exhibitions of bonhommie provoked many a laugh without either impairing the " dignity " of the actors, or incurring the rebuke of the rigidly-
bar, are
rich
that have
proper
who
there, as well as elsewhere, have found their abode.
Amongst these memories, the present generation recount, with an
AN EPIGRAM.
348
affectionate
Justice
[1812— 181S.
many gambols of the late Chief men of the age and his cronies and
particularity, the
— one
of the best
associates of the
—
famed Quoit Club,
which
in
seems
it
have
to
been a fundamental canon that the oldest and gravest were to submit to a temporary rejuvenation, which was often manifested in the display of the prankishness of boys.
Wirt was not behind his compeers in this temper. I have seen some letters addressed to him as "i;y loving Wirt," which appellation by no means belied the hilarity of his temper. There were many outbreaks of this temper at the bar, which are yet
One of them we have
pleasantly recalled by the fraternity.
anecdote
in
an
at hand.
Wickham and Hay were trying a cause in the Court Wickham was exceedingly ingenious, subtle,
mond.
Rich-
at
quick
in
argument, and always on the alert to take and keep the advantage
by
logical
all
points,
Hay was
arts.
not remarkable for guarding
and was sometimes easily caught
all
Wickham
dilemma.
in a
had, on this occasion, reduced him to the choice of an alternative in
which
either side
said he, "
may
was equally
He was
plexed, and the bar amused.
make
battle
fatal to
him.
" The gentleman,"
Hay was
take which ever horn he pleases."
on such occasions, and sometimes indulge
testy expressions
— showing
himself a
per-
apt to get out of temper and
little
in
dangerous.
sharp and
A
know-
ledge of this characteristic added to the sport of the occasion.
Mr. Warden, one of the most learned, witty and popular members
—
—
familiarly known to them as Jock Warden, this bar, for he was a Scotchman, and then an old man, remarked, in a quiet way, "Take care of him, he has hay upon his horn!" Wirt
of
sitting by,
with
with hitched
it
—
full
appreciation of this classical witticism, forth-
into verse in the following
Wickham was
On
tossing
Hay
epigram
:
in court
a dilemma's horns for sport,
Jock, rich in wit and Latin too. Cries,
" Habet foenum
in
cornu."
The tradition of the bar still preserves this jeu d^sprit, memory of that palmy day of social brotherhood which was, a thousand other forms, cherished and embellished
in in
by Wirt and
MR. WARDEN.
CHAP. XX.]
349
Warden,* Wickham and Hay and llieir comrades, who gave a Richmond, and rendered it, at
distinctive tone to the society of
that day, one of the
most attractive cities in the Union. have said that the Old Bachelor was not finished
I
An
interval of eighteen
until
1813.
months had passed between the publication
of the greater portion of these essays, and the last (g\v numbers. The author was getting tired of it, and found a more pleasant occupation in other subjects. He adverts to this in his next letter. •
This gentleman, Mr. John Warden,
Richmond
He was
bar.
a
man
is still
affectionately
remembered
at the
of high accomplishment in general literature and
science, as well as in his profession.
He had
collected a fine library of rare and
valuable books, which, being put up at sale after his death, were eagerly sought after
and purchased. He was said to be the most homely man, both in face and figure, to be found in the society with which he lived, and his speech was marked by a broad Scotch accent.
During the revolutionary war, he was once summoned before the House of Delemake atonement for some disloyal, or, perhaps, too loyal, for
—
gates of Virginia, to that, I believe,
was
his offence,
—words uttered
by him which had given umbrage
to that body. It was the custom then, in the Virginia Legislature, to exact of offenders against their dignity, an apology to be made, kneeling at the bar of the
House.
It is difficult
now
to believe that a
custom so absurd and slavish, as well have been tolerated in any of the
as so degrading to the Legislature itself, should
American
States, at so late a period as that of the Declaration of
Independence, had received in the British Parliament in 1751, in the case of Alexander Murray, and the abolition of it by that body. Still, it was especially after the reproof
it
Mr. Warden was obliged to comply, which he did with humbly beg pardon," he said, in his broadest doric, " of this Honorable House and a domned dirty house it is," he added, as he rose slowly
yet in force in Virginia.
an
ill
grace
:
—"
I
:
—
—
—
—
and awkwardly, with a surly look, and brushed the dust from his knees. He was once relating to a circle of friends the gratification he had enjoyed
at a
ball in
Richmond,
time.
In attempting to describe her attractions of face and figure, and her grace-
in the society of a beautiful
woman,
a distinguished belle of that
which he had drawn, by an atwhich was too ludicrous to be forgotten. He assumed be a gentle and winning expression of countenance, and then,
fulness of motion, he concluded a vivid portraiture
tempt at personal
illustration
what he intended
to
with a sidelong glance of the eye, threw his ungainly figure into an attitude designed to convey the idea of perfect elegance and grace, and said, " to give you
some conception of her gesture and her manner, she looked
just so!"
The echo
of the laugh that followed this grave effort at representation, has not entirely died
away
yet.
VOL.
1—30
— LETTER TO CARR.
350
[1812—1813.
TO JUDGE CARR. Richmond, April Friend of my Youth
I
:
my
admit the justice of your charge as to
ciousness, and yet
know
I
30, 1813.
was no
the Old Bachelor, there
scribbling capri-
that finis coronal opus^ too.
finis naturally
But, as to
growing out of the
was endless; each essay being a whole in itself. I I am dispirited, too, by the little effect such things produce. I wrote in the hope of did not begin that business for fame. doing good, but my essays dropped into the world like stones scheme.
It
pitched into a mill-pond ring or
two
smooth and to
mark
a
;
report from the
little
from the spot
rolling off
silent as before,
then,
;
and no visible change
Writing on, under such circumstances, was,
work well. As
ging, heavy, nauseous
—
a moment,
a
;
all
waters
in the
had ever been.
that such things
he cannot do it myself a dog to do it, sires it, and has gone
plunge
first
in
to doing
write con amore,
doggedly^
it
yea, a very turn-spit.
to
confess, a drag-
I
man
and, unless a
;
I
should hold
But, as Ritchie de-
some expense about
the bauble,
I
will
turn the spit for five or six revolutions more, and then bid the Old
Bachelor adieu I shall
until I see
have the more
how
spirit to
the
volume
work
If
takes.
off another
plete something like a moral and literary scheme,
thereafter as
As
may
right, in part;
characters to the
Greene,
when
that
of the theatre, and
knew
I
began that
company
in the
was
that
company was
finally dissolved
riages in Charleston,
for
but
;
1
weeper, you have
view of adapting
One was
here.
for
one for Mrs. Clark, and
one for his wife, one for Twaits, But,
so on.
— a whole — but
be.
to the 710VUS hospes^ the larmoyante^ alias
guessed the
it
has a run,
it
volume, and com-
dispersed, by the destruction
by
their subsequent
had the less inclination to carry
it
miscaron, for
I
that the various parts required the peculiar powers of those
whom
they were drawn
they might
fall,
and, not
nor, of course,
the author damned, trophe.
;
I
was
in
But Judge Tucker,
how
knowing
into
whose hands
they might be marred and
no hurry to purchase such a catasto
whom
I
shewed,
in confidence.
THE COMEDY.
CHAP. XX.)
351
my
the acts that were finished, has put up
courage, and
expect
I
to close the aflair before the spring is closed. I
shall expose
not let
danger
is
it
to
you
in the perfect
expose myself by making
nfie
in
it
and
;
I
now
confidence that you will
you see
public, if
it
begin to fear there
is,
for
I
that there
wished
to
Frank Gilmer on some incidents which I thouglit of introducing, and, to qualify him to judge, gave him the acts that were finished to read. This was about a week ago. He reads a piece consult
of a scene
at a sitting,
and puts
it
away
to take
up a review or a
newspaper, or something else of equal importance
me, strong proof that there
to
do not think very highly of please
me
but
is
grace, and in the touie ensemble,
I
if
know the I am sure talent,
all
which,
the
affair.
are parts of
it
is I
that
but the scenes are not connected with lightness and
;
of
all this
There
myself.
it
:
little interest in
you rest,
and
shall judge,
and
shall
abandon
fear
it is
rather ponderous
you barely it
call
;
but
tolerable,
it
I
without a blush or a murmur.
that that kind of composition requires not only peculiar
but an intimate knowledge of the stage, and a training in
dramatic authorship particularly.
" Produce you a comedy equal quisition, truly
Sheridan's
!
One of
!
A
to Sheridan's !"
the
first, if
pretty re-
not the
very
comedy in the English language And the work, too, of a man, whose genius is almost unrivalled in the old world, much more in the new None of your fun, " none of your comments^ Mr. Carr!" You had better require me, next, to produce such first
!
—
!
speeches as Erskine's and Curran's, or such legal investigation as Mansfield's and Hardwicke's, or such tragedies as Shakspeare's,
No,
or such histories as Robertson's.
homespun, would,
I
times, without equalling the I
know
that
it is
The
sir!
being
affair
thought, pass very well in these patriotic
European manufacture.
superior to some English plays of which
or Covent Garden, as the case
it
is
they were acted at Drury Lane
said, in the British theatre, that
may
be, with
unbounded applause;
*******
but as to
its
equaling the best of them, the brat has no such pre-
tensions.
Your
wife's displeasure at
my
not writing,
you
for leading her to think
me
of so
I
resent, (as
Boyle
am sincerely obliged much consequence.
says,) with the liveliest gratitude, and
I
to
— THE BIOGRAPHY OF HENRY.
352
This
is
[1812—1813.
a poor return for your long kind letter
;
but 3'ou are
good-natured, and must therefore expect to be imposed on.
We
all
join in love to you.
Your ever
aflcctionate friend,
Wm. Wirt. The scheme
of writing biography was yet kept alive, as a pro-
That scheme,
ject of future accomplishment.
as
the reader
is
aware, embraced the purpose of a series of lives of the most eminent Virginians. It ultimately resulted in the production of
The
the volume containing the biography of Henry.
was abandoned.
plan
The
rest of the
motives which led to this restriction
of the scheme, are most probably those which are suggested in the following letter of Judge Tucker,
consulted on the subject. a
man of
letters,
The Judge,
whom Wirt as
we
had frequently
have remarked, was
of extensive reading and observation, and one
who had had many
become acquainted with the embraced in the biographical scheme. The him upon this occasion, I have not seen. It is opportunities to
principal personages letter
of Wirt to
probable just
it
was
difficulties
and which were doubtless tion
of
ment of
But
not preserved.
remarks upon the
felt
this
reply to
it
contains
some
belonging to the task in view,
by Wirt,
in the further
contempla-
scheme, to an extent which induced the abandon-
this
his purpose.
ST.
GEORGE TUCKER TO WM. WIRT. Williamsburg, April
Mt Dear
4, 1813.
Sib:
*
•
*
#
*
*
American biography, at least since the conclusion of the peace of 1783, is a subject which promises as little entertainment as any other
in
the literary world.
Our scene of
action
is
fectly domestic, as to afford neither novelty nor variety.
the biographer of
so per-
Even
Washington has been reproached with im-
posing upon his readers the history of a nation, instead of the of an individual. defect; but
I
Parson
Weems
life
has, indeed, tried to supply the
never got further than half the
first
paragraph:
LETTER FROM JUDGE TUCKER.
CHAP. XX.J
353
" George Washington, (says that most renowned biograplier,) the founder of the American Nation, was tlie first son of
illustrious
Washington, by a second marriage this
a circumstance, (says
:
profound divine, moralist and biographer,) of
to reconcile the scruples of tender consciences I
do not pretend
passage
;
but,
as soon as
I
I
believe the substance
had read
me
This leads
have given you a
that I
it,
is
itself sufficient
upon
that subject."
of the
literal transcript
correct.
I
book
shut the
and have no desire to see any more of
to notice that part
of your
How would
to the subject of biography.
letter
which
you be able
it.
relates
any
to give
entertainment to your readers, in the Life of Patrick Henry, without the aid of some of his speeches in the General Assembly, in
Congress,
Convention, or
in
in the
Federal Court.?
could be excited by his marrying a Miss
,
What
interest
and afterwards a
Miss D and that somebody, whom I will not condescend to name, married one of his daughters, &c., &c., &c. No human ;
being would feel the smallest interest in such a recital; and, 1 never heard any thing of him, except as connected with the public, that could amuse, for a moment. The same may be said of Lee, Pendleton and Wythe ; and the same may be said of every other
man, of real current of
merit, in Virginia.
life
ever thought of noticing to live
and act
Virginia, that It is
They have
glided
all
down
so smoothly, (except as public men,) that
how
they lived, or what they did
like gentlemen,
my
;
for,
was a thing once so common
nobody thought of noticing
clear to
the
nobody in
it.
apprehension, that unless a
tinguished as an orator, or a soldier, and
man has been
has
left
dis-
behind him
either copies or notes of his speeches, or military exploits, that
you can scarcely glean enough out of his private life, though he lived beyond his grand climacterick, to till a half a dozen pages, that any body would trouble themselves to read.
may have I
have known several characters, whose conduct both in public life, I have esteemed models of human perfection and
and private
John Blair, General Thomas Nelson, John Page and Beverly Randolph, were men of the most exalted and immaculate virtues. I knew them all well, nay, intimately, yet,
excellence:
—
for the soul of
me,
I
would be read by one to an eagle in the air.
VOL.
1—30*
—
could not write ten pages of either, that in fifty.
may be compared him with admiration
Colonel Innes
You looked up
at
/
BIOGRAPHICAL WRITING.
354
and delight alted
Solomon
but, as
;
and majestic
that remains,
is
flight
says, there are no traces of his ex-
The
behind.
left
it
much
is itself
be regrietted, that such
to
men
Con-
in the
That may be compared
1788.
in
sparks which issue from a furnace, which think
only shadow of him
Robertson's abridgment of his speech
vention of Virginia
I
[1812—1313.
to the
invisible.
as
have men-
I
tioned above, should descend to the grave and be forgotten, as
soon as the earth
thrown upon their
is
Literary characters
friend.
may
But so
coffins.
leave their
it is,
my
works behind them,
what they were soldiers may obtain a niche in Fame, by some brilliant exploit oiators, whose speeches have been preserved^ will be remembered through that medium judges, whose opinions have been reporled, may posbut sibly be known to future judges, and members of the bar as memorials of
;
the temple of
;
;
;
the world cares
about them
little
meet with no reporter
and
if
they leave no reports^ or
record their opinions, &c., they sink into
to
immediate oblivion.
;
very much doubt
I
if
a
single speech of
Richard H. Lee's can be produced at this day. Nevertheless, he was the most mellifluous orator that ever I listened to. Who
Peyton Randolph, once the most popular man Speaker of the House of Burgesses, and President of Congress, from its first assembling, to the day of his death
knows any
in
thing of
Virginia,
.-'
—
Who
remembers Thompson Mason, esteemed the first lawyer at the bar.? Or his brother, George Mason, of whom I have heard Mr. Madison, (the present President,) say, that he possessed the
man he had ever seen, or heard known of Dabney Carr, but that he made the
greatest talents for debate of any
What
speak.
is
motion for appointing committees of correspondence Virginia has produced
peatedly heard.
I
men of
finer talents,
men
in
their day.
The
I
have
Delegates
Congress, in 1774, were Peyton Randolph,
dleton,
as
1773.-*
re-
might name a number of others, highly re-
spected and influential first
kw
in
to,
the
Edmund Pen-
Patrick Henry, George Washington, Richard H. Lee,
Wythe
Richard Bland and Benjamin Harrison.
Jeflerson,
Madison, did not come
This alone may shew
in
till
afterwards.
what estimation the former were held of one half of them himself,
were not
at
this
day.-*
in:
yet,
how
Tiie truth
is,
little is
that
and
known
Socrates
would pass unnoticed and forgotten in Virginia, if he a public character, and some of his speeches preserved
DIFFICULTIES OF
CHAr. XX.]
a newspaper: the latter might keep his
in
S55
IT.
memory
alive for a
year or two, but not much longer. Instead of an attempt at what might be called a biographieal
account of any of these persons, perhaps a delineation of their characters only, with here and there a speech or an anecdote,
But anecdotes which might entertain, occur so
might answer.
seldom
may be
that they
in private life, in Virginia,
truly said
be
to
" Rari nantes
Upon would
the whole,
I
am
in gurgite vasto."
inclined to think, biography in Virginia
be a hopeless undertaking, although a very interesting selection might be made of Virginia worthies, whose at present
general characters deserve to be remembered and transmitted to the
But the misfortune
latest posterity.
is,
that
few remain among us
who have known traced .
I
I
feel a
and
and
;
them.
still
and marked the outlines which ousrht to be fewer are capable of giving the rudest sketch of
my
have repeatedly wished that
thorough conviction that
in a daily
intercourse,
I
it
does
talent lay that
not.
If
we
way
;
but,
lived together,
could, perhaps, from time to time,
enough of such men as
I have mentioned, and some you to draw an outline of eacli, which you might fill up at leisure, from your own resources or the communications of others. But were I to take up my pen for that purpose, I
recollect
others, to enable
should only betray
You must be
my own
to
the " Path of Pleasure."
it,
and make
or, as a
little
I
trust
you
arrive at a speedy and
When
finished, I
I
will
at the time, to aid
me
turn
you propose
resume
it,
pursue
it
to
in
it,
To
time.''''
happy conclusion and termination of
my
ever, most
away
resume
ardently, and
beg to be favored with a sight of
possibly, an epilogue too.
Believe
I shall
— " throw douhkls a second
do
possible, and pledge myself to
me
from which
rejoice that
doubt you will once more acquire laurels
gamester would say
be serious,
incompetency.
tired of this subject,
But
I
my
it
it.
as early as
best for a prologue and,
must have the play,
itself,
with
imagination.
warmly and most sincerely, Your friend, S.
G. TUGKEB.
—— ALARM AT RICHMOND.
356
We mond,
have now some pictures of the war
—
from a
extract
this
in
[1812—1813.
— an
alarm
at
Rich-
who
Mrs. Wirt,
letter to
at
is
Montevideo.
*
*
*
thank heaven, with
I
Richmond, June * *
*
lieartfelt gratitude, that
29, 1813.
*
you have escaped
which the city was thrown on yesterday about was at the market house attending a common when we were broken up by the violent ringing of the alarm
the idle panic into
twelve o'clock. hall
—
bell.
The
castle
was on
first
I
my
idea that bolted into
fire
;
—but before
an alarm cannon was fired on the capitol another.
was such
Here was
iiill
— then another— and
the complete signal of invasion.
you may conceive.
as
mind was that our old
had crossed the market bridge,
I
The
The
effect
was perfectly under-
signal
—
stood; every man had to rush with his musket, to the square: even the " silver greys" [and parson Blair among them] flew to arms.
The
report ran that the British were at Rocket's
— and
we
had
heard from an authentic source, that they had disgraced themselves at
Hampton, by excesses more atrocious and horrible than ever
before befel a sacked town-^of a nature so heart-sickening that
do not choose to describe them to you:
— they even
What, think you,
negroes to join them in these brutal excesses.
must have been the terrors and agonies of the report that the same
me
applied to Carter's,
in
enemy was
women
in their town.''
here, on the
Doctor Foushee
for our carriage to take his daughters to
Caroline
Wagons were moving believe no ladies
county,
to
furniture from
moved
—
which all
I
I
incited the
William
cheerfully
parts of the
town
agreed. :
— but
I
for before they could prepare, the panic
McR * * came rushing on the square with a each hand, crying out, "where are they, where are they.?" to which the Governor answered, that they were at City Point was
dissipated.
pistol in
;
and
Mc
disposed of his pistols as
soon as he could.
It
turned out that the British had ascended the river as high as City Point,
which
is
about ten miles below our works and army at
Hood's, that they were slowly ascending the river;
ment thus suddenly evening.
I
thought
and pack up
my
called, it
was dismissed
not imprudent to get
books
all
till
— and the
regi-
six o'clock this
your plate together,
for a travel, if another alarm should take
THE FLYING ARTILLERY.
CQAP XX.]
place
;
— which
But we heard no more we were informed by an
did.
I
morning, wlien
this
had gone back again. tunate for a
of the enemy
until
express, that tliey
Amidst the alarm and uncertainty, how-
Governor and
ever, the
357
field officers
company of
were clamorous and impor-
flying artillery
;
and
could not resist
I
their importunities, without submitting myself to the censure of
indifference at least.
So,
I
amounting
to
vinced that
we
my
prevent
near
leave them.
•
for the defence of
most splendid one picked men. Although a
shall liave nothing to do, this
and
effective
Your
weeks
fit
is,
it
con-
same company
***«
seeing you for some
made
trained and
— and
hundred
a
company
raised a
town and neighborhood
the
will
— for my company must be
for the field before
I
ought to
affectionate husband,
Wm. Wirt. to judge carr. Montevideo, Buckingham Co., August 23,
Mt Dear
Friend
Let us waste no time for
you
to
know
1813.
:
apologies for not writing.
in
you have lived
that
in
my
It is
enough
heart's core for seven-
teen years, and
tliat the roots by which you have taken hold of me, have become stronger with every year.
As
friend,
a
I
am
not conscious that
reproach me, except that lazy correspondent.
and
I
am
the
This
am is
you have any right
an irregular, and the single blot in
if
to
you please, a
my
escutcheon;
not very sure that you do not bear the same reproach, so
new point of congeniality, and, of course, of attracwho have been miserable together, love each other more on that account, why not those who have been lazy
that this tion.
I
is
a
If those
together
?
You would know what
I
have been doing
this
summer
?
Why,
reading newspapers, mustering in the militia, hearing alarm bells and alarm guns, and training a company of flying artillery, with
whom,
in imagination,
five different British
I
have already beaten and captured four or
detachments of two or three thousand each.
EXCITEMENTS OF THE WAR.
353
'^Silent leges inter arma'''
muse of Tyrtoeus who,
—
Tom
as
musce quoqiie
silent
Divers says,
[1812—1813.
— unless
be the
it
one of those
is
cattle
don't suffer to speak to me.
I
Talking of Tyrtaius,
never saw his fragments
I
are most noble productions;
been
sung,
by
accompanied
The
ascribes to them.
productions
:
author of the Marseilles
There
had read Tyrtasus.
the latter
lately.
which history
to battle, I believe firmly in the effects
marching
till
and supposing them to have instrumental music, in an army
They
Hymn,
suspect,
I
a great analogy in the spirit of the
is
have no doubt, was suggested by the
I
former.
wish you would get the minor poets, which you may do in If your Greek is Tyrtajus, I suppose, and read of the most beauseveral but in translation; Latin there is rusty, a I
Winchester,
tiful
passages,
it is
defective,
You
Greek informs me.
You have heard truth," as Pope's
My wife and I
was "
in
all
I
think, so far as
will enjoy him,
— " the whole
were out of town. They were here ; but There was nothing wanting the thick of the throng."
We
should have fought like lions
well, at least for the
much
remaining
" and more, too."
witness said,
our forefathers, as so
little
about our Richmond alarms
suddenness and agitation of the alarm, fire
my
predict, highly.
children
but composure.
not
I
militia.
I
revere, but the fact
it
struck
me
;
but from the
that
we
should
two or three rounds. We beat mean no disrespect to them whom I
first
is
so,
and
it
is
very easily accounted
for consistently with their honor.
We
have breathed, for thirty years, the proud
pendence, and
in this spirit
we
contrary, were warring against the habit fighting against
spirit
of inde-
They, on the of subjection, and were
begin the war.
some of the strongest tendencies of their own They were crushed, too,
hearts in fighting against their king.
by conscious poverty, and pie.
No
the almost entire destitution of
all
the
on the contrary, arc rich, and armed cap a
We,
means of war.
wonder, therefore, that
we have more
confidence, pride
and courage.
What do you dusky
!
He
is,
think of young Croghan's defence of
by
and Bainbridge are, spirits.
It is
land, exactly at sea
exactly
the
;
Lower San-
what Decatur, Lawrence, Hull
the very counterpart of their daring
spirit
which Bonaparte displayed
at
DOMESTIC AFFAIRS.
CHAP. XX.]
Lodi: and
Croghan's intellect equals
if
his
359 courage,
will only
it
be the want of opportunity which will stop him short of the summit of martial renown.
My
family are
writing her
all
here
—
and
in health
my
Mair's exercise in
Laura
spirits.
room
study, a
now
is
the third
in
story about sixty feet from the ground, which opens on the mountains
— where
my
teach
I
children, and
sit
and read, and
xorite
Writing requires a solitude and self-possession which
rarely.
my
children will not allow me.
Laura I
reading Virgil.
is
will try
it
You
see
my
stick to
I
Latin system.
with her, taking care to leave her time, between
this
and seventeen, for those accomplishments which she cannot do without. to parse,
Robert is delving away at Latin too. He is beginning which is a thing he hates as bad as Coalter's man did
something
My
else.
twins,
— were you
to see
them playing together on a sheet
spread on the floor, so healthy, so sweet
My
wife
uncommon
is in
the flying artillery,
health, but
— don't
talk, sir!
down-hearted because of
which she considers a boyish freak,
unfit for
the father of six unprovided children.
Our
love attend you
all.
Your
friend, as ever,
till
death,
\Vm. Wirt.
to judge carr. Montevideo, October
My Dear
Friend
:
Yours of the 19th let
2, 1813.
ult.
overtook
me
at this place.
Agreed,
us bury the hatchet for past omissions, and do as well as
can hereafter.
If
we
no squares between too well to
grow
are a
us.
little idle
We have
or so at times,
known each
let
it
we
break
other too long and
suspicious and captious, and quarrel for straws
of etiquette and punctilio.
You say some eloquent things about Croghan and the navy. They are all just, and I echo every sentiment. God speed them which is as much as they can expect of you and I. Now let us
JUDGE CARR'S SUCCESS.
SCO
talk of our noble selves
[1812-1813.
—
a very interesting subject, about which more than ten words. I hear that Lord Hardwicke, Lord Camden and Chancellor Brown, are in danger of a total eclipse! That the decrees at Winchester and Clarksburg have all the rust of legal lore which
you have not
said
antiquarians prize so highly, together with the true Ciceronian
flow and
How
nilor.
Must Coke and Call,* Peere WilRaymond and Mumford, all be thrown
is this.''
liams and Billy Williams,
and obruted for ever and
into the shade, obnubilated, obfuscated
Must Blackstone and Blackburn, Cicero and Shackelford, Mansfield and Magill, be utterly forgotten, pompeized and hercu-
ever
!
laneized for twenty centuries!
bid
on
truly
Forbid
mean
really
milky way, quench the sun, and
the planets at blindman's-buif, that they
magnificence on the beniglited universe
And
Would
have had of
it
behind you
may
ris3
Give us
?
to
speak of the
notice, sir, that
To
three
made you by Peter and
visit
had been with you
What
!
What
happy fellows
!
a time you must
No
be sure, there have been four,
in this particular
:
for
you are
to
know,
we
I
not far
passed
had for four days and nights,
what our blacks eloquently call " old laugliing." Pope was in his gloiy " fought all his battles with triple lustre, " and thrice he slew the slain."
—
very near killing
and children
all
He
o'er again," In fact, he
three of us with laughter, and our wives
to boot.
dined one day at Charles Yancey's,
family.
/icre,
that as
Here, besides the families (Cabell's and mine),
found Frank Gilmer, and
He
three happier
last
health and spirits.
was
set
with unrivalled
week, he formed a junction with my caravan, arrived at Montevideo on Saturday evening, in high
by Pope's
we
me
I
!
in the world.
we
for-
take our measures accordingly.
this brings
Frank.
—
Report me
to extinguish these comets, to tread out the
constellations, lamp-black the
we may
!
this subject.
Do you
and
JMercuri facunde^
it,
Apollo, the nine muses and the seven senses
it
—
a grave and orderly
dropped among them like an unknown wateifowl, and
took the Major's mother, an old lady of seventy, so completely by • Call,
Williams, Mumford, and others here referred
Virginia bar, some of others
were counsel of
whom note.
to,
were gentlemen of the
had publJisbcd reporla of the Virgiaia decisions;
the
THE COMEDY.
CHAP. XX.]
he laughed her into an epilepsy.
surprise, that
the heart-ache never before
ache," you know,
Apropos
—
me
change the
He
:
when
for
a play.
speak of mine.
to
Such a cure
cure for the heart-
tried the metal
1
was in Richmond, and found that metaphor) every key produced the expected note.
so that
as Moliere's old
*
A
I
laughed, started and gaped with curiosity, just as
cried,
intended
"
existed.
name of
the
is
this leads
of the piece on (to
361
*
he
if
is
woman, *
good a
as
the piece
1
criterion of the public taste
would certainly
If I find that I
*
take.
have the weather-gage of
*******
the public,
I
them an annual dose of good morals through
will give
this channel.
We
have just received the
parliament prorogued
:
last
Richmond
—no ministers
to
The
papers.
meet ours
in
Russia
British :
— the
American war to be pressed. Without a glorious campaign this summer by Bonaparte, and the conquest of Canada by us, we shall have no peace this year. O for an American navy and Ameri-
*****#* !
can Generals
!
But plague on
My my
politics
wife unites with
and politicians
me
in
say
!
*
I.
love to yourself and Mrs. Carr, and
children also send love to yours.
My
twins
still
shine with
unrivalled lustre.
May Heaven trious
ever bless and prosper you, and make you as
and happy as
my
illus-
soul wishes you.
Cabell and Frank Gilmer send love piping hot.
Your
friend,
Wm. Wirt. Francis Gilmer was, at this time, an inmate
Wirt's family,
in
and was assiduously pursuing the study of the law, after
have an opportunity
student will
by
The
his friend, in the
commend themselves
attain the
to offer several
way to
I
of advice upon his studies, which
the attention of
all
who
honors of the profession to which these
following
VOL.
is
the
1—31
first in this
shall here-
letters, written to the
series
strive to
letters refer.
;
LETTER TO GILMER.
362
[1912-1813.
TO FRANCIS W. GILMER. Montevideo, November
My Dear As
Francis:
in the
I shall
16, 1813.
bustle of starting
endeavor to offer
I
forgot to shake hands with you,
some atonement
for
it
by giving you the
Had I not been perplexed by the multitude of petty first letter. concerns, to which it was necessary for me to attend, I wished to have had some particular conversation with you about the course of your studies
and more especially, the
•,
mode
of studying Bacon.
was understood that you were not only to read all Bacon's references, but to add to them Dallas, C ranch, and the Virginia There are some British reporters since Gwillim's edireporters. It
Bacon that I have; and as, instead of shrinking from labor, you love a task the more for being the more herculean, I would recommend it to you to embrace them in your scheme also. Whenever the head you are upon involves the subject of pleading, you ought to consult Chitty before you broach Bacon, and tion of
—
—
draw the plea off-hand, at once. For example, the first Bacon is " Abatement :" The course which we propose is, first, to see what Blackstone says on that subject throughout, which you will easily do by the aid of his index. Consult
learn to
head
in
Tucker's Blackstone, with the editor's notes, to see the changes You will thus have gotten the superinduced by our state law. and know were you are outline, in least at coast, the chart of next Chitty,
—
in his first
plea of abatement.
volume you
will see his learning
on the
In his second, you will see the forms of the
which you must be able to draw before you lay him down. Thus prepared, you open Bacon, and having read him and his references on the subject, you turn to Bosanquet and Puller, plea
itself,
East's Reports, Smith's Reports, Campbell's Reports, Selwyn's Day's edition, then the AmeriNisi Prius, Espinasse's Reports,
—
—
can and Virginia Reports. In
my
would follow Bacon's distribution of the head, the matter which I collect, as he would have done,
notes,
I
and arranire had he possessed it. When, for example, you ciple,
—
say, on the
subject
find
new prinwhat may be
a case presenting
of "Abatement," as
a
STUDY OF THE LAW.
CHAP. XX.]
pleaded
abatement,
in
— turn
363
to that division of the
head of "Abate-
ment," under which such matter properly comes, and insert the reference there
en masse^
at the
:
otherwise,
all
your own discoveries
end of the head
without distribution, order, or
in
will
your note book, and
come
will be
light.
You must not read so long at a time, and with so little digestion as to make your head spin, as Lord Mansfield says, nor to with confusion and " aitches" (aches)
—
—
Kemblc
as
fill
it
On
the contrary, take your time and see your course
understand the whole ground as you go along ically, but topographically
;
— not only geograph-
his
army and
his line
of
and, like a great general and conqueror, never quit any
province you enter, without being able to say, mine, and placing in
The
it
keep your books and your route under
;
your eye, as clearly as a general does
march
calls
clearly;
general
it
this
province
is
an invincible garrison.
course
is,
gallop over these
to
provinces like '
made one or two remarks, to as Weld, from a single about it,
travellers in a hurry, and having
—
it for granted we know all example, pronounces " all the tavern keepers
take
ards, and
all
their
wives scolds."
One
in this state
drunk-
student, too, as soon as
he leaves one of these provinces, having contrived to make his ow^n time very disagreeable in
about at the boundary
turns
it,
line,
as well as
very unprofitable,
and making a very profound
reverence, says, "I hope never to see you again;" whereas, had
he cultivated fitable
day I
to return
am
it
properly, he might have
and delightful, that
it
made
the grounds so pro-
would have been
grateful at a future
and review them.
not one of those
in these latter days.
—
I
who
believe in the declension of genius
believe the paucity of great men, in
ages, has proceeded from the universality of indolence. is
natural to man, and
it is
all
Indolence
only the brave few, wlio can " clear the
copse at a bound," breakover the magic bourne, and stretch away with " an eye that never winks, and a wing that never tires," into new regions and new worlds; who distinguish themselves from the
crowd, and
rise to glory that
never fades.
What
kind of
men
Think what habits of appliCoke, Bacon, &c. cation they must have had, what an insatiable appetite for knowledge not the morbid craving of a day or a week, but the persewere
Littleton,
.?
—
;
vering voracity of a long
life.
Such only are the fellows who
STUDY OF THE LAW.
364
[1S12— 1813.
climb so high up Fame's obelisk, as to write their names where they
may
strike the
eye of distant
The many
nations.
of us
who
cannot bear the labor of climbing, stand on the ground and stretch
up as high
we
as
can
and as
:
this is a paltry business that
depends
the longest legs and arms, than the longest head,
more on out that
name
's
legible as far as
is
time, they will both be erased
who
unaspiring successors,
's
;
and
in a
it
turns
very short
by the scrambling herd of
their
will be as tall as they are, and will
claim their hour of notice, in a world of several leagues in cir-
cumference.
You have begun under
the happiest auspices,
— even
set out
with a stock of science and information, which was not surpassed, I
example of Mr. Jefferson, and not equalled
suspect, in the
in
any
do not except Tazewell. Now if you do not keep the You may get up advantage you have got, the fault is your own. the top of the obelisk, if you choose, or, at eminent few, the among
other;
if
I
you prefer
it,
expire
among
the
ephemera
at the base.
part, independent of the affection which makes
own
terest in youjil
the experiment as in
my is
know of no young man so well gifted for yourself. The cultivation of eloquence should I
hand with your legal
memory and
For
take an in-
have a sort of philosophical curiosity to see what
attainable by man; and
go hand
me
recite
studies.
a la mode de Garrick
I
would commit
— the
Shakspeare, to tune the voice, by cultivating
all
finest
to
of
parts
the varieties of
its
melody, to give the muscles of the face all their motion and expression, and to acquire an habitual ease and gracefulness of gesture,
and
would tion
;
command of the stronger passions of the soul. I my own compositions, and compose them for recita-
recite I
would address
even
if I
my
recitations to trees and stones, and fall-
******
ing streams,
if 1
could not get a living audience, and blush not
were caught
at
it.
So much
for this subject.
Your
friend,
Wm. Wirt,
CHAPTER
XXI.
18 14.
CONTENTMENT.— PROSPEROUS CONDITION. — LETTERS TO CARR. — TO MR. LOMAX. — OPINION OF CICERO. _ VIEWS OF THE WAR. — EXTRAVAGANT OPINIONS. — LETTER TO GILMER. — CAMPAIGNING. — INSUBORDINATION OF THE MILITIA VISIT TO WASHINGTON.— CONGRESS UNFAVORABLE ASPECT OF AFFAIRS MADISON WEBSTER AVERSION TO PUBLIC LIFEENGAGEMENT IN THE SUPREME COURT.— POSTPOfJED.
Wirt's
professional
position
was now securely
established,
on the same level with the most eminent men of the bar of Virginia.
The most
difficult
path of his worldly career
The
and the most dangerous points
may be
said to
in the
have been overcome.
content which springs from certainty and safety
in
the affairs
was opening broadly upon his household. A numerous family of children was growing up around him. His business was not only profitable, but it was also of a character which rendered it most agreeable to his ambition, by the reputation it brought him of
life
and the scope
it
gave to a useful and honorable association with
more important individuals and concerns of the society in which he lived. A man becomes aggrandized and strengthened in his place by such connections, as trees whose roots take firmer hold of the soil by the thousand new fibres of a healthful growth. The natural concomitant of this steady success was a placid and regular life, from which w^e may not expect much material, just at the
this time, to give
excitement to our narrative.
the steep of fame, that the casualties of
adventures which belong to the
strife
animating topics of instruction. votary's progress
is
The
in that
is in
toiling
up
condition and the
of genius, afford the most height once gained, the
apt to lose the interest of
and anxious struggles,
It
human
its
previous doubtful
period of repose and quiet enjoyment
which generally follows successful endeavor
as
its
appropriate
reward. I
do not mean to intimate
that, at this juncture, the subject
our memoirs had attained a point VOL.
1—31*
at
which
of
his ambition found
366
PROSPEROUS CONDITION.
nothing further to covet.
[1814.
But he had gained a platform where he
rejoiced in disenthralling liimself of those misgivings, which
have seen him sometimes disposed to entertain,
in the
we
contempla-
tion of his labors to secure an independent position for his family.
He
felt that his
success
was
He
assured.
had earned, and was now
enjoying, the respect of friends, the consideration of society, the reputation of useful and vigorous talent, and
some
celebrity,
little
He
besides, connected both with forensic and literary eminence.
had health, competence, many of the luxuries and elegancies of In short,
life.
itself, is
was
he had a bright outlook upon the world, which, of Behind him,
one of the happiest conditions of humanity.
many rugged
the pleasant landscape of
prosperously surmounted.
heights traversed and
Before him, were eminences rising to
the clouds, but with gentler slope and easier way, lightened by a
He
brighter sun and freshened with a richer verdure.
and nerve
At
my
to
climb them, with a heart as stout as at
this stage
readers that
his thoughts
of his progress,
it is
a pleasant duty to lay before
little tissue of his private history,
— the history of
and opinions, rather than of his doings,
be gathered from the light-hearted in small incidents,
had limb
first.
— which
of this time.
letters
They
is
to
deal
mostly of a domestic and personal nature, and
shed a serene and agreeable light upon his
own
character, as well
upon that of his friends. " It is not the habit of my mind," he says, in a letter to Carr, about this time, " to repine at the past. On the contrary, I so far as
profit
by
it,
as
to
make
it
the measure of the future.
cheerfully forward, and flatter myself
I
shall
some independence, turn farmer, and, on some castle
and a literary name.
A
'
castle
Very probably. Yet the illusion is know, still travels through, nor quits '
companionable temper of hers,
I
in
the
fine
till
look
we
seat, build a
air,'
pleasing, and
us
I
yet amass a hand-
die.'
'
quoth you.
Hope,' you
For which
most gratefully thank her Serene
Highness, and bid her welcome to
my
fireside.
LETTER TO CARR.
CHAP. XXI.]
367
TO JUDGE CARR. Richmond, February
Mr Dear
Friend
You have
me such
written
a day before.
post office, from
which
it
it,
that ever touched me.
I
woman
you
in
a letter as
me
took
sensibility.
I
all
it
many
half an hour to walk, and
I
if not, so much Not that I doubt your don't know that it ever takes
to understand this expression
know
this
the w^ay from the
some of the most delicious suffocations don't know whether you have enough of
that well
:
:
Hume.
the better for you, according to
you by the
have not seen
I
have just been reading
I
experienced, in reading
the
15, 1814.
:
but
I
Your manhood might rebel at such a liberty and yet I have seen it make pretty free with your eyes. The truth is, that your praise gives me more pleasure than that of
throat.
the other
all
;
men
in the
world put together.
have had such
I
long and intimate experience both of your candor and judgment I
know them
both to be of the very
too, such an opportunity of judging
had
and when
;
add
I
my
heart,
good opinion of me nation.
Nay,
that
for that of I
quality.
and sincerity of your
I speak in the simwould not exchange your
believe that that I
all
the great and
little
men of
the
should find ample consolation and refuge in
your esteem and affection from the desertion of
men
You have had, man alive has
as no other
to this the tenderness
may well when I say
friendship for me, you plicity of
first
me
all
the world of
beside.
vain that conscience tells me I do not deserve what you me for immediately I retort on conscience as the sailor did on the man whom he was about to throw overboard, " do you know better than the doctor !" If I were very anxious to conIt is in
say of
;
vince you of your error,
I
talents.
would
tell
you
that I fear
any one but
your recital of the evidences of my The British Spy and the Old Bachelor! " Against eight
a partial friend would smile
hundred ships
at
commission,
in
we
enter the
lists
with a three
shil-
John Randolph of Mr. Madison's book on and too surely I fear that, weighed against the
ling pamphlet," said
Neutral Rights
;
—
great and copious
the poor
little
works of a man of genuine talents and resources, Spy and the Old Bachelor would sink, (or,
British
:
AUTHORSHIP.
368
(1814.
rather to keep up the metaphor of weighing, would rise) into equal
you the truth, I fancy myself much such a review describes Horace Walpole to Edinhurg fellow as a late as having begun life with a most say is to have been; that fame of the noblest order, but having literary ardent passion for experiments, that nature had three or convinced himself, by two
To
contempt.
tell
—
—
denied him the qualities which are essential to the composition of a great author, he took it out in gay and frivolous laughter at himself
and
were
other literary pretenders
all
home
at
I
tained
fear,
Mine have been only
exceedingly frothy and flashy.
work
;
and desultory,
excursions, exceedingly light
short and sportive
and,
and found that his talents
;
only in light-hearted raillery.
I
have written no sus-
nothing which shews those masterly powers of in-
vestigation, of arrangement, of combination, of profound and great
thinking, of the character of
which alone
I
which
I
be proud, and
should
Such a work
should feel any satisfaction.
as
in
Rob-
example, or as Tacitus' Annals, or PluByIs not this modest ^ tarch's Lives, even, would content me. ertson's Charles Vth, for
the-bye,
I
They owe
don't think
much
of Plutarch's Lives, for the authorship.
their celebrity, 1 suspect,
much more
reverse Ovid's materiem opinion, very
You
see
I
am
much of a
to the excellency
He
of the materials than to the workmanship.
superahat opus, and
seems to
dry, babbling, superstitious old
off the track.
Well— here
I
me
to
my humble
in
is,
woman.
go.
Talking of authorship, I shall send you by Magill to-day, George Hay's work on Expatriation. I want your opinion of it I will not tell you what we think of not for Hay, but for myself. I will only tell you friends. particular your mean I we, here it :
by men much greater than we pretend cracked up to the stars. Mr. Madison, it is that
several copies of
it
in great
triumph to
to
be,
said,
it
has been
has presented
Jeffries, the
master re-
Duponceau, Rush and old John viewer at It is making a strongest terms. the in it eulogized Adams, have and is overNorth, of the political literati the great noise amongst Edinburgh,
shadowing it
its
Ingersoll,
author with laurels.
Read
it
with your usual thought and care, and let
entious opinion of
it.
with attention.
me have your
Weigh consci-
NAPOLEON.
CHAP. XXI.]
369
Now turn we to a much more interesting work, — your boy.* How much I am gratified by tliis incident, I will not, because I cannot
him
you.
tell
name
this
:
Had
time before.
learn, too, that
1
is
it
no sudden freak to give
have baulked the project many a you any superstition you would think that Proyour
that
girls
vidence thus interfered to give you time for consideration.
But
be given, like Father Shandy, to too close reasoning on
let us not
small matters.
me
Let
sweeter to
is
head.
love, honor, and
I
you
tell
me
this affair,
that Mrs. Carr's determination in
than the
you
oil that
shall
was poured on Aaron's
obey
Tell her that
her.
the boy shall never have cause to blush for his name, so far as
honor then
concerned, unless, as you say, " the devil
is
shall
I
the boy and It is
make him a
To
its
spirits
to
is
in
current.
is
natural to you.
"
there's
the
I
To is
act
wrong would
be as
just
to the greater part of the world.
become of such a wayward, undisciplined rabble how am I to manage them so as to
and habits as mine
;
— old Mr. J — no — no more
you what, sir no more chance for me
I'll
.''
— and Yours
fathers have.
place a grave, reverend, and patriarchal example before
dren
it
heaven bless
Nature mingled your elements and
it.
unnatural to you as to act right
of
which we
act properly and exemplarily
gave your blood
is
halo of glory around his parents' heads!
give you no credit for
But what
May
happens."
it 'till it
indeed, a dread responsibility
nothing.
is
never believe
tell
Pope of Rome,"
—
for
whom,
my
chil-
used to say,
as
than there
is
for
by-the-bye, according to the
present posture of affairs in Europe, there seems to be a pretty
good chance. Apropos
—
what think you of this reverse enim, Deos immortales, quo gravius homines ex commutatione rerum doleant, quos, pro scelere eorum ulcisci velint, his secundiores interdum res et diuturniorem impunitatem concedere." As for Napoleon, I care no more for him, in himself considered, than I do for any other tornado that is past. But will France, drained and exhausted, be {very apropos indeed
of Bonaparte's fortunes
able to
make head
the fate of Poland in this
new
}
.''
!)
"Consuesse
against this northern hive, or will she share I
situation in
am
curious to see the character of France
which she
* Carr had just named a son after his was occasioned by the death of this boy.
is
placed.
friend.
How
The next
will she regard
letter, it will
be seen,
LIGHT LITERATURE.
370 Bonaparte
in
eclipse
this recoiling flood
What
?
of success
be the result to Europe of
will
We
?
[1814.
live in an
age of most won-
derful events, but they are of a most stern and ferocious character.
They have
not the interest or magnificence of crusades
can sentiment do
much
so
:
these matters, and such a grace can chivalry
in
and a generously mistaken Christianity shed upon a cause.
What
effect will
Napoleon's reverse have on us
that Britain will take, if not higher, at least
against us on account of her triumphs.
Some
.''
think
more obstinate ground
Others, again, think that
having gotten the Emperor down, she will be anxious to devote her powers to his annihilation, and therefore be the better
all
My own
inclined to have peace with us.
opinion
no notion of giving up any point in the quarrel latter
may probably be
of those two views she
and that she will then negotiate with till
us, if
is ;
that she has
that with the
inclined to a truce,
we
will indulge her,
she has tried the issue of her arms on France
but that in any
;
event she will finally persist in the principles and practices against
which we are at war. But what care we for
The Old Bachelor he
is
is
politics
let
us talk of our children.
not yet at hand.
shortly expected.
conveyance.
—
I
will send
Ritchie announces that
you a copy by the
earliest
By-the-bye, quere, whether even compositions of
character are not calculated to produce the effect which your
this
brother ascribed to play-writing
I
?
am
afraid that both the
Old
Bachelor and the British Spy will be considered by the world as rather too light and bagatellish for a mind pretending either to
man of eminence,
mean
stability
or vigor.
political
eminence,) either in this or any other modern country,
who
has descended to such amusements.
truth, politics never
for
recollect no
I
which
I
was
fitted either
have never squared
you are
in
also to see
appeared to
my
To
tell
you the simple
to be a desirable field, or
by nature or habit
;
one
and, therefore,
course by any such anticipation.
But
I
if
earnest in your prophecies about me, and in wishing
them
fulfilled, it
is
and rules of action over again. till I
me
(I
time for
"
I
shall
me
to cast
my
never believe
it
manners though,
see it," as you say on another occasion.
My
wife,
who
has read your letter with as
have done, unites with
me
much
pleasure as I * * in love to you and yours.
LETTER TO CARR.
CHAP. XXI.]
The Governor (meaning
371
Frank Gilmer
Cabell,) and his wife, and
greet you kindly.
Your
friend,
Wm. Wirt. to judge carr. RicHMONDj May
Mt Dear I
15, 1814.
Friend:
received, yesterday, your letter of the 6th instant, giving the
distressing account of the loss of your dear boy.
we
But
dreadful blow.
rude and
It is a
are in the hands of a Being
who
governs
whose dispensations, I believe, moment, are always destined to
the Universe at His pleasure, and
however deeply they cut at the avert some greater calamity. You might have lost hini at a more interesting age, after those chords with which he had begun to take possession of your hearts had become more complete and more strong. You might have lost him under circumstances and by a mode of death still more heart-rending
My own
and distracting.
sufferings
children have been so severe that rebelling against the author of justice and mercy.
subject
;
taught
me
Parnell's
I
good, and arraigning both his
all
Hermit
to regard afflictions
disguise," and to kiss the rod with
nothing else for
from the death of friends and have sometimes found myself
it,
my
first
To
humble
dear friend, in
either reason or religion
;
We
resignation.
this life.
much
is,
We
less
this in
have
can neither
we
can
therefore, not the path
would point out
such a loss as you have experienced, inevitable
right on
recall
surrender ourselves to unavailing sorrow on account of
the dispensations of Providence
down
me
themselves as " blessings
stop nor change the course of events,
them.
put
but to permit
it
the mind and spirits,
to
is,
to us.
which
To mourn
over
indeed, both natural and
hang upon the heart and
to
weigh
inconsistent with our duty both to
is
You have excellent children who are still You and your wife are both young, and Heaven,
ourselves and others.
spared to you. I
doubt not, will richly supply the place of the cherub
been taken from you. tions,
world
by imagining
we
How
that if
apt
we
we
who
are to aggravate our
has
afflic-
are not the only sufferers in the
are certainly the greatest
!
Alas
!
where
is
the
man
LETTER TO LOMAX.
372 with a family
You know
who
that
I
has not imagined the same thing of himself!
myself lost two of the best children
within a month of each other
and
in the
;
My
very age of fascination.
and has escaped from
is
pray
in
those sorrows and sufferings
all
Let us submit ourselves
!
power, wisdom and goodness, confiding
that, in
own
his
*******
and shew us
evil
We
wife begs Mrs. Carr to be assured of her sympathy.
God
fill
Heaven, which con-
an angel
good time and way, he will bring good out of that we have mistaken a blessing for a curse.
My
moment,
eyes, at this
but she
:
God's will be done
tinue to scourge us.
world
in the
one of them, too, a perfect beauty,
at the recollection of that girl
to his
[1814.
you both.
to bless
Farewell,
Wm. Wirt. The
next letter has reference to some opinions upon the merits
of Cicero's works, which had been disparaged in the British Spy. It is
addressed to a friend
who
resided at Menokin, in
Richmond
County, on the Rappahannock.
TO JOHN TAYLOR LOMAX.
******* Richmond, July 1 ,
Mr Dear Lomax would
I
apply
fain
And
not the courage.
so,
fall
Latin
Orator and his Brutus.
all
at
eyes fixed on Cicero
;
for the
heart sinks and dies within me.
—what
wonderful man
!
I
sale
moment
my
of comparison, on the brightest of our
Lomax
have
Jock Warden's I
;
but
have been
and have read with great delight his But my delight only continues while I
have
dear
books I
Cicero's works,
way
my
my law
and winter campaign
having bought
Verburgius's folio edition of
my
of the Courts to
this recess
and a preparation for the
brushing up
1814.
:
What
own
I
turn them,
by
native models,
children
we
are,
my
raw boys too, compared with that have once wronged him by the publication of boys, and
an opinion concerning him
Middlcton, whose book
I
;
but I hope to live to repair the error. have also read since the courts rose,
VIEWS OF THE WAR.
CHAP. XXI.J
man who
observes that no
Oratory
day
wonder
will
373
has ever read Cicero's books on
that he has stood unrivalled to the present
for there never was, he says, and there never will be again
;
such a union of talents and of
such glory could be
If
toil.
carried by a coup de main, even at the risk of
not aspire to
it
But
.?
to
be able to
—
effect
it
who would
life,
only by a siege for
—
life, and such a siege too, not one day in every week, but every day devoted, and most enthusiastically devoted, to the pursuit it is enough to shake a much more constant man than !
—
What
me.
war times But "
I
say you to
You
it >
in
reading Cicero.
deny your hypothesis," as one of Judge Coalter's Scotch-
Irish acquaintances replied to a
The
will say, perhaps, that in these
might be better employed than
I
man who had given him
Legislature have dismantled
my
flying artillery,
the
lie.
by prohibit-
ing the Executive from supplying us with horses and other muni-
whereby they have driven me into the ranks of the I stand until the war comes to me. Oh, for an American General What can we do without one, but erect monuments to our own folly and disgrace on the Canations of war, militia again,
and there
!
—
dian frontier ? Had we a commander worthy of our cause and of our people, the army would be the resort of character and
school."
They shall
we
and
talents,
As
might once more " put the British troops to
it is
— Good Lord deliver
go on,
in the sanguine
had already taken place,
may
us
!
say the hostages are delivered up
;
— and,
hope of peace, acting
till
I
suppose,
the Philistines be upon us.
the designs of England reach
we
as if that peace
How
far
She has just seen France complete the circle of her Revolution by returning to her old allegiance. May she not improve upon the hint in regard to us and want her American Colonies again to preserve her balance against those great powers who have been shaking Europe to its }
.-*
May
foundations?
not our divisions foster such a project.''
If
she has such a project in her head, although perfectly chimerical, it
will tend,
it
much more
I
apprehend, to prolong the war, as well as to render obstinate and bloody.
Your
sincere and cordial friend,
Wm. Wirt. VOL.
1—33
!
EXTRAVAGANT
374
OPINIONS.
[1814.
present generation will be amused at these speculations upon the purpose of England, in the war to which they refer. They are worthy of note, as expressing opinions and apprehensions
The
which many
seriously entertained in this country,
—but which we
can scarcely imagine ever found a place in the deliberations of a Between the war of the Revolution and that of British cabinet. 1812, the interval, as it had not obliterated the animosity of the country against England, so, neither had
entirely
it
removed the
suspicion of a desire, on the part of our old enemy, to attempt the reconquest of her lost colonies when occasion might seem to favor
The
the enterprise.
of the people,
vestige of this sentiment Teft upon the minds
somewhat resembles
that connected with the Pre-
tender, whose apparition disturbed the dreams of Englishmen even The lapse of time at the date of the birth of George the Third. amongst its mirapresent day, and the 1812 of war between the cles of national
quest,
—
progress, has
any sane
if
thrown
man ever indulged
fancy of the recon-
this it,
—
into the category of
with even less of the probable in which we have heard in this prophecy, it than that counterpart alive, with a beard upon his " man is now That our own day
the most harmless of dreams
;
—
American army reviewed by an American Let us hope that the guardian genius of general, in Hyde Park." the future destiny of two great nations, will keep such " toys of and ever confirm them in desperation " out of the minds of both chin,
who
will see an
;
the
virtuous
faith,
that
peace and
brotherhood
May
triumphs than the vulgar glories of war.
have nobler their
strength
never be measured in more destructive contest than that which be seen in the rivalry of beneficent acts and the exchange
shall
of the physical and intellectual wealth of civilization
Francis Gilmer had intent to
by Wirt ing
is
commence
now removed
to
Winchester, with an
the practice of the law.
He was
to the special guidance of his friend Carr.
consigned
The
follow-
an extract from a letter to the young practitioner on
occasion.
this
LETTER TO GILMER.
CHAP. XXI.]
375
TO FRANCIS W. GILMER. Richmond, July
My Dear
Francis
13,
1814.
:
thank you for yours of the 14th, which
I have just received. which we have had it in our power to render you. Such as they are they have heen most cheerfully rendered ; and you have more than counterbalanced
I
You magnify very much
the slight favors
them by the pleasure of your
Your
friends are
us.
But
will
find
Mediocrity will not content climbing business.
a bruise.
before you, will difficulties fall,
you
;
The
eminence
this
much
pretty
it
points of the rocks to
rate figure.
first
is
Those who are annoy you not a
which you
cling
fall
and increase the natural
little
remember
and
of the mountain
But, instead of despairing at the
of the passage.
or at the twentieth,
in possession
be
not to
of an Alp-
your hands, and give you many a
will often break in
many
making a
interested in your
all
reached per saltum
society.
first
the prospect from the sum-
mit, and the rich prizes that await you,
— wealth, beauty,
glory.
Above all, do not be disheartened at the high expectations which you know to be entertained of you, or too prompt to your
despond
at
We
know
all
first
that
and the slowness of your progress. " a rough roll and tumble " game in
failures
it
is
which you are engaged, and will
be, again and
again,)
better hold next time, and feeling perfectly at
three years
;
if you are thrown, (as thrown you you must up with a laugh, catch a
try
your ease
it
Do
again.
in this
not calculate on
gymnasium, under two or
and these, not two or three years of indolent hanging
on, (from which you could learn nothing,) but of daily and arduous
exercise and study.
up the studies.
outline
You
You know you have much
which we had marked out
for
yet to read, to
fill
your preparatory
make yourself intimate with the at home in all the cases, so as to
must, especially,
Virginia reporters, and
feel
have, not only the principles, but the names of the cases ever
ready.
You
cannot
conceive
how much
the
decisions will place you at your ease, and
mastery of our
State
what vantage ground
it
PREPARATION FOR THE BAR.
376
[1S14.
The law
will give you, over the generality of your profession. is
to
many,
It
is
hard and laborious;
through which plexity,
imagine that
in all
a dark and intricate labyrinth,
and
uncertainty
constant
per-
But you cannot
states of mind.
was the case with Lord Mansfield, or with
this
helped to build
is
it
painful of
who saw
proportions and
a dry and revolting study.
last too,
at
they grope
— the most
Blackstone,
and
at first
the whole fabric in
lustre
who
;
daylight in
its
all
Although, at present, you walk, as
up.
it
full
were, indeed, the architects that
were, through the valley of the
shadow of death, yet keep
and you will emerge into the bright and perfect day
it
on,
and leav-
;
ing behind you the gropers, and bats, and moles, you will see the whole system at one glance, and
walk
like the master of the
O
mansion, at your ease, into any apartment you choose, ])ra3clarem
!
Then you
will handle
rously but gracefully, like a master
dome, or an
either a portico, a
engrave your name
workman, and add,
attic
Proh spectaculum
on the marble,
than the spur.
I
make
able opportunity to
;
taking
full
an ingenuous account of the whole
But
!
require rather the
Avail yourself of the
am very
first
favor-
time for preparation, (but
pompous preparation, which would
not for
me
it
who
great anxiety for you, and
feel
anxious to hear of your dehut.
yourself,
story to the building and
enough, and more than enough, to you rein
diem
your tools, not only dexte-
ruin
affair.
you
;)
and give
Remember
in
your
preparations, that enucleare does not signify to mash the kernel,
—but
and take out a part
We
all
to take out the whole, neat and clean.
join in love and best wishes to you.
Adieu,
Wm. Wirt.
We
shall
now
some pictures of
campaign,
in the
from a correspondence with Mrs, Wirt.
The
find
I'ollowing extracts
a militia
enemy had captured Washington on the 24th of August. The British fleet had descended the Potomac River, and was now in Its destination remained unknown in Richthe Chesapeake Bay. mond, until the movement on Baltimore became apparent. The failure
on Baltimore, on the 12th and 13th of September, animated
the hopes of the people living in the vicinity of the Chesapeake,
CAMP
CHAP. XXI.]
and increased Ihcir confidence
their
in
power
to repel an attack
formed below Richmond, on the a place known as Warrenigh Church. "Wirt was
at
there, a captain of artillery, in
These
377
A camp was
on any other point.
York River,
LIFE.
extracts supply
some
command
of a battalion.
camp
incidents of
life.
Warrenigh, September
9, 1814.
" Your most seasonable supply, under convoy of our man Ran-
came
dal,
The
in last evening".
starving Israelites
were not more we were by
gladdened by the arrival of quails and manna, than
The
the salutation of Randal.
had there been such an
treat,
stricken land. tions,
"
And
called
is
The
'
yet the parish, according to the old inscrip-
Bliss-Land.'
— The
There was
so.
River, day before
church was
built
in
have descended the bay, or
British fleet are said to
now doing
would have been a superb
fish
article as a potato in this poverty-
a seventy-four at the
1709. to
be
mouth of York
She weighed anchor, yesterday,
yesterday.
and went up the bay." September
" Your kindness and thoughtfulness has luxury.
I
fear
we
shall
enemy
good
will not attempt
living
—
make may not
an attempt on Baltimore, there
I
begin to believe that
They
are said to have
If
they are hardy enough
is
no knowing what they
We are training twice a day, which does'nt well poor horses. We have a bad camping ground
flat
which extends two miles
good and the men are
sickly.
made under Pryor's
I
to the river
shall
want a
— the water not — about which is
tent,
Let the materials be good, and have
Cabell must interest himself it
direction."
September
"
An
express this morning
are at the mouth of fleet
is
guess.
12.
with
attempt.
agree with our on a
for
Richmond.
gone up the bay on some enterprise. to
my camp
have no opportunity to become memo-
rable for any thing but our
the
filled
York
tells
River.
coming down the bay.
13.
us that five square-rigged vessels It is
conjectured that the British
Their object of course,
is
only
Their position indicates equally an ascent of York or
James River, or an attack on Norfolk, or a movement intercept Decatur's squadron.
VOL.
1—32*
to sea to
CAMP
378
LIFE.
[1814.
September
"
A
letter last night
clothes
—
which
for
I
16.
from Cabell, with a good tent and some
beg you
to
thank him,"
September
" The struggle,
now
I
The
believe, will be a short one.
19.
invin-
cibles of Wellington, are found to be vincible, and are melting
away by repeated
A
The
defeats.
been aimed only
striking have
few more such repulses
as they
we
guish that lofty hope, and
strongest blows they have been
power
at the
shall
met
peace.
to dictate a
at Baltimore, will extin-
have a peace on terms hon-
orable to us.
"
We
have heard nothing from them since they
so that they cannot be yet coming this way,
what they are
to conjecture
Baltimore
left
— and we are
at.
•'Our volunteers are becoming disorderly for want of an have had several reprimands to pronounce
I
my company,
of
To at
the head
at
compliance with the sentence of the courts.
in
—
one of these, James, our man, held the candle it being dark and when 1 finished and turned round, the black rasthe time;
—
cal w^as in a broad grin of delight.
My
unexpected a spectacle.
at so
home:
—
men enough
to
was near laughing myself are
One
guns.
will be put
grumbling about rations,
—
At present,
liberally.
man two
— another
morning;
^vives,
I
men
all
anxious to return
which Col. Ranhave not more than
constant applications for furloughs, in
dolph indulges them
of
my
I
sergeants deserted this
under arrest presently.
— about the want of 1
So much
— about &c., —
clothes,
their business, debts, sick children, &c.,
get through this campaign in good temper, all
enemy
Quarrels, arrests, courts-martial, are beginning to
to cope with.
abound.
:
at a loss
shall
their
that if
I
be proof against
the cares of a plantation, even as Cabell depicts them.
"
am
I
Yet
men.
I
prepared for a
where
perpetually interrupted by the complaints of
do well, and fight in a
if
they leave
few days.
me men enough
We
my
shall be
expect the enemy some-
Virginia, to avenge their discomfiture
in
I
at Baltimore."
September 26.
"
Still
ever.
at
We
Warrenigh, and
less
probability of an
enemy
than
are doing nothing but drilling, firing national salutes
DISCONTENTS OF THE MILITIA.
CHAP. XXI.]
379
tor recent victories, listenino- to the everlasting
contents of the martial.
have endeavored to give satisfaction
I
so far as
I
and growing dismen, and trying their quarrels before courts-
has been limited.
eral hand, the comforts
I
my company,
success,
fear,
I
which have been
In addition to their rations,
very good and abundant,
to
My
could compatibly with discipline.
have distributed to the sick, with a
which your kindness had supplied.
lib-
The
company is well provided with tents and cooking utensils, yet they murmur incessantly. Such are volunteer militia Avhen taken from their homes, and put on camp duty. One source of their inquietude
is,
were coming down merely Being kept on the ground, after
that they thought they
for a fight, and then to return.
the expectation of a battle has vanished, and not knowing
long they are to remain
— looking every day
how
for their discharge
they are enduring the pain of hope deferred, and manifest their disquiet in every form. Of such men, in such a slate of mind, in
******
such a service,
"
I
was never
should be
my
I
in
high
am
getting heartily sick.
in better health,
As
spirits.
Jefferson
shall
I
contented,
I
bear up and discharge
*
duty with a steady hand.
Frank Gilmer,
my men
and were
it is,
*
*
Randolph, the Carrs, Upshur, and
others, have got tired of waiting for the British, and gone home.
David Watson
is
six pinches of snuff to
— messes with — takes
Abner Tyne's, my one, which he
bellows nostrils, and smiles
us,
You remember him
all
as a contributor to the
my
second captain, Lambert, and
make admirable company
two inches up
thrusts
luxury of the
at the
excellent fellow, and has spouted almost
my
He
the only good fellow that remains with us.
a major, quartered at
is
effort.
He
Shakspeare
his
is
an
to us.
Old Bachelor.
He,
second lieutenant, Dick,
me."
for
September 28.
"
The
Blues at Montpelier are suffering much from sickness.
Murphy, your brother John and
The I
strongly suspect that
if
we
are kept
these marshes, our soldiers will
them. is
We
hope
to
fall
be ordered
believed on every hand that
down. sickly.
Blair are
much longer hovering over now covers
like the grass that
few days
Richmond.
It
British, with their mutinous
and
in a
tlie
all
— the men very
his friend
other companies are almost unofficered
to
END OF THE CAMPAIGN.
380
deserting troops, will not attempt a
the
many
defiles,
[1814.
march on Richmond through
swamps, thickets and
forests that line the road,
where, besides the abundant opportunities for desertion, nature * has formed so many covers for our riflemen and infantry. *
*
have no idea that
If we should be ordered to Richmond, I my company will be discharged. It will be
kept there ready
march
*
Here ends
to
at a
the campaign of Captain Wirt, and with
of his military aspirations. ful
warfare
in
This
little
some of the most
transcript of
militia
moment's warning."
nearly
all
the last
it
piece of history
a faith-
is
characteristic incidents
the service of the
of
war of 1812.
" I would not," says the author of this brief diary, in a subsequent letter to Mrs. W., " with my present feelings and opinions, accept of any military commission the United States could confer. *
* that,
I
by being
so,
be a private citizen as long as
will I
shall
me
holding myself ever ready for * * * try's call in time of need. are dependent upon
"
We
•,
who
soon see whether Lord Hill,
shall
I
can see
who
be of use towards maintaining those
is
my
coun-
*
expected on
the coast with fourteen thousand men, will single out Virginia for
My own
his operations.
of Canada, which feels
impression
itself in
is
that
he goes to the
relief
danger from our recent successes
there."
Some
business for a friend
now took him
— 1814.
to
Washington.
Congress was
was
in
The
Capitol w^as in ruins, having been burnt by the
October of
August.
The
this
year
President's house was
were other vestiges of the ravage of Ross and Admiral Cockburn.
in the
It
in session.
enemy in There
same condition.
the late visitation of General
TO MRS. WIRT. Georgetown. D. C, October
\4, 1814.
«
" Here
I
am
at
Crawford's.
*
*
I
am surrounded
by a vast crowd of Legislators and gentlemen of the Turf, assembled here for the races which are to commence to-morrow.
The
races
!
— amid the
ruins and desolation of Washington.
"
We
reached here on Friday
washing
381
On
niglit.
off tlie dust of the journey,
my
Office,
WASHINGTON.
VISIT TO
CHAP. XXL]
business being with Colonel
Saturday, after
War He was not
forth to the
sallied
I
Monroe.
I went to look at the ruins of the President"'s house. The rooms which you saw so richly furnished, exhibited nothing but
there.
unroofed naked walls, cracked, defaced and blackened with * cannot tell you what 1 felt as I walked amongst them.
fire.
I
*
From
mournful monument of American imbecility and
this
improvidence, and of British atrocity,
House of Representatives, which I was crowded and
—
At
things.
five, to
to the
lobby of the
narrow box,
little
in
suffocated for about three hours, in
men of
order to see and hear the wise
no great
went
I
miserable
a
They
the nation.
are
Monroe's, and was cordially received
by him. *
*
.
" Last night
I
*
*
went
more, deliver what
I
to
should call
gant oration in a theatrical I
thought out of place
P
"
and
I
;
is
full
I
his
a sermon
The
manner
* Inglis of Balti-
— but
a very ele-
composition was rich, but
more
still
*
so.
He
*
looks miserably
In short, he looked heart-broken.
New
of the
denied
—not
style.
England
subject and continued to press
him.
*
called on the President.
shattered and wo-begone.
mind
*
church and heard a Mr.
it,
—
sedition.
He
painful as
it
the probability, even
the
His
introduced the
obviously was to
possibility
the
that
yeomanry of the North could be induced to place themselves under the power and protection of England, and diverted the conversation to another topic
and convinced
return to
it,
fully full
of the subject.
" The
He
but he took the
;
me
first
that his heart and
arrival of a despatch
opportunity to
mind were pain-
gave us an opportunity to
invited us to dine with him, but
we
then went to
engaged
the
lost a
War
till
The
four o'clock.
this I I
have
lost for all the
Secretary's eloquence.
hope of hearing Pickering,
cent.
:
deten-
would not go
in
— having declined the Bladensburg
consequence of the importance of the debate.
prepare for the tax
hundred per
By
To-day,
I
me
Secretary kept
speech of the celebrated Webster, which
tion,
in
office.
conversation
in political
*
*
an excursion to Bladensburg, and, perhaps, Baltimore.
We
retire.
declined, having planned
the
trip,
Tell Cabell to
the direct tax will certainly be increased one * * ^ hundred thousand regulars^
— FIRST
382
ENGAGEMENT
THE SUPREME COURT.
IN
[1814.
and from twenty to thirty thousand provisional troops will
The war
be
Canada will War between France and England is be pushed with vigor. expected by the high powers here on what grounds I have raised for defensive and offensive war.
;
in
—
not learned."
This
visit to
the city of Washington
was
the
commencement of
a long and intimate connection with affairs, both professional and
Wirt was now about to become a In a letter to Carr, dated Supreme Court. Richmond 10th of December, he refers to an engagement which may possibly bring him into a trial of strength with one whom he afterwards met in many a contest, and whose name at that on that theatre.
political,
practitioner in the
day gave
to the
did not
take place as
another year.
may
see that
American bar
its
most
from this letter, which follows, we mind the writer's has been touched by some presage
" Government,
my
life.
an up-hill work
friend, is but
at best
not least perhaps, this elective government of ours,
public good
is
What
!
What
first.
it
This
is,
—
his
of the
life is this
sit composedly at the Give me a life of literary
require to
helm, and ably at the same time !
the Legislator
a stormy
and,
;
where the
hardness of ner,ve, what firmness of mind and
steadiness of purpose does
ease
by
the last thing thought of
re-election being the
politician
trial
In the extract
of a connection with public
own
This
brilliant light.
soon as expected, but was deferred for
!
perhaps, an ignoble wish
Let those who enjoy public
life
;
but
it
is,
ride in the whirlwind
still, !
I
mine.
covet
although, if necessary, I would not shrink from
not their honors, the duty. I
to
have some expectation of going to Washington plead a
Should they be so shall
be opposed
PiNKNEY. the hare.'
The
cause.
'
I
The
to
my
to
preliminaries
satisfaction, will
the
are
not
stirs to
February, settled.
you meet me there
Attorney General, and,
blood more
in
quite
it
I
to
rouse the lion than to hunt
should like to meet them."
Mr. Pinkney had resigned the post of Attorney General holding
.''
perhaps,
about two years, and was succeeded,
in
after
February 1814,
CHAP. XXI.]
by Mr. Rush. last extract, as
EXPECTED CONTEST
We
may
IN IT.
note in the closing
383
aspiration of this
a curious coincidence, that this wish
is
breathed
by one who was destined to become the Attorney General, and whose ambition was to meet in debate the combined powers of one who had been, and another who was then, the occupant of that high post in the
Government.
CHAPTER
XXII.
1815-1816. WASHINGTON TO ATTEND THE COURT RETURNS.— PEACE RESTORED BY THE TREATY OF GHENT LETTER TO GILMER.- RESUMES THE BIOGRAPHY OF HENRY DIFFICULTIES OF THIS WORK SCANTINESS OP MATERIAL.—THE AUTHOR WEARY OF IT LETTER TO CARR ON THE SUBJECT— DABNEY CARR THE ELDER.—THE ORIGIN OF THE CONTINENTAL CONGRESS.— PETER CARR LETTERS TO CARR AND GILMER.— GEORGE HAY RESIGNS THE POST OF DISTRICT ATTORNEY WIRT RECOMMENDS UPSHUR TO THE PRESIDENT MODERATION OF POLITICAL FEELING —MR. MADISON APPOINTS WIRT TO THE OFFICE.— CORRESPONDENCE IN REFERENCE TO THIS APPOINTMENT MAKES HIS DEBUT IN THE SUPREME COURT—ENCOUNTERS PINKNEY.— HIS OPINION OF PINKNEY.—LETTER TO GILMER.— LETTER TO CARR ON "THE PATH OF PLEASURE," AND HIS OPINION OF THIS DRAMATIC ATTEMPT CORRESPONDENCE WITH MR. JEFFERSON ON THE SUBJECT OP THE BIOGRAPHY.— LETTER TO RICHARD MORRIS.
VISITS
—
Wirt the at
repaired to Washington soon after the date of the last
It
letter.
seems, however, that the opportunity for his debut in
Supreme Court was postponed. He remained a few weeks the capital, amused with the scenes it presented to him, and
employing his time
Early
in
in
extending his acquaintance with public men.
1815, peace was restored by the Treaty of Ghent,
and a universal joy filled the heart of the country. Every one thought of getting " back to busy life again" happy that the
—
stagnation to industry, the waste of
interrupted peace
personal interests.
war and
all
the disorders of
were to give place to the orderly pursuit of Wirt shared in this sentiment as warmly as
any one, and betook himself with fresh ardor
to his
customary
labors.
We have here, young
friend.
another letter of professional admonition to his
€HAP. XXIL]
LETTER TO GILMER.
385
TO FRANCIS W. GILMER. Richmond, July
Mv Dear
We
Francis
23, 1815.
:
thank you for your affectionate favor of the 17th, from AlProvidence, I believe, is ordering every thing for the
bemarle.
best for you. I do not know that we have much occasion to regret the disappointment of this trip of yours to Europe. Our friend Coalter is vociferous against it and let me tell you, that
—
his
judgment
as solid as his native mountains, and
is
that he takes a strong interest in
your prosperity.
You
moreover,
by it, Create Dr. Johnson's ideal rival of perfection in the view of European models ; but can you not supply them by your own mind, and compete with it The which ideal rival is lose
imagination?
.?
only Cicero's aliquid immcnsum, &c.
You are to bear in mind, have our eyes and our liopes upon you. You are to remember that glory is not that easy kind of inheritance which the law will cast upon you, without any effort of your own but that
we
that
you are
all
;
to
work
for
severance of a Hercules. friends
who know and
are entering, you are
and
You
fight for
it,
with the patient per-
are also to bear in mind, that the
love you, and acknowledge your talents,
That
are not the world.
it
in
regard to the world, upon which you
unknown;
that with
And
your way, as a perfect stranger.
them you have to make it is not by the display
that
of your general science, that the herd
is to be caught but by which you handle your, professional tools, and the power which you evince to serve your clients in your trade. Now, the law depends on such a system of unnatural reasoning, ;
the dexterity with
that turn.
your natural reasoning, however strong, will not serve the It is true, that when you once understand this artificial
foundation, your natural reason will avail it,
you much
in
applying
and measuring the superstructure. But, in the
first
place,
by the
You must read you ask me how you
simile.
Henry.
If
but you are nevertheless to do believe
I
have not mentioned to
VOL.
1—33
— You must read and — no disparagement the horse
you must read,
meditate, like a Conastoga horse,
sir
:
to
like
Jefferson, and
speak like
are to do this, / cannot
tell
you,
There is one thing which I you, more than about five hundred it.
—
:
PROFESSIONAL DEMEANOR.
386
respect
one
!
my
advice and follow
Don't make your
!
!
by
yourself cither
cause that
to
is
first
it:
let
— and
in this
be tried
in
appearance
in all its points,
Winchester,
you must
you debut be a decisive
Get
in a trifling case.
most important
a fee, or voluntarily, into the
such a cause as will ensure cause
to attend to
which you arc constantly
times,
[1815-18I«-
at the fall term.
you a throng of hearers
:
Let
be
it
— master the
of fact and law; digest a profound, compre-
hensive, simple, and glowing speech for the occasion
— not stramed
beyond the occasion, nor beyond the capacity of your audience and make upon the world the impression of strength, of vigor, of great energy, combined with a fluent, animated, nei-vous elocu;
tion
no puerile, out-of-the-way, far-fetched, or pedantic ornalevel yourillustrations, but simple, strong, and mayily
;
—
ments or self
\.o
the capacity o^
your hearers, and insinuate yourself among
the heart-strings, the bones and marrow, both of your jury and
back-bar hearers. cause, although
it
you no audience before a
I
fear
that a
chancery
means of preparation, will give want you to blow your first blast,
at all
and
;
I
little taste
may
— and hereof,
I
think,
suffice.
notions of your indulgence in general science, are correct.
Don't quit them
way,
— because
concourse, both loud and shrill
full
gentle reader, this
Your
say jury
I
affords the best
there
is
most dignified
— but
them be subordinate to the law. By-lhehad like to have forgotten. One of the the character of Henry, is the noble decorum
let
one thing traits in
I
with which he debated, and uniform and marked respect with which he treated his adversaries. I am a little afraid of you in God help you! this particular; for you are a wit, and a satirist
—
Take
care, take care, take care of this propensity.
It
will
make
you enemies, pull a bee-hive on your head, and cover your foI pray you, aim at masking rensic path with stings and venom. yourself with Henry's distinguished character for decorum. it
be universally agreed,
debater at the bar.
it
is
polite,
Let
gentlemanly
— and a
will give
you a distinction
a
striking
index, and proper con-
in
regard to Mr. Jefferson, and the # # #
That alone
noble one too; besides
comitant of
tliat
you are the most
first rate talents.
Don't forget your promise gallery of portraits.
Continue to write to me.
#
Heaven
bless you.
Wm. Wiet.
THE BIOGRAPHY OF
CHAP. XXII.]
At
this time the
resolve to bring that this
The
it
HENR.Y.
387
biography of Henry was resumed with
We
to a conclusion.
had already grown
to
Iiave
a stout
abundant evidence
be a most irksome labor.
following letter to Carr playfully presents (he difficulties
of this undertaking, and shows
with his task.
how
Wirt struggled Dabney Carr, the
reluctantly
contains also an allusion to
It
Henry,
father of his friend, and the compatriot of
most favorably known
—
a
the short legislative career to
in
gentleman
which we
have heretofore adverted, and whose early death had blighted the
promise of
a fair
renown.
Mr. James Webster, of Philadelphia, to whom also this letter has a reference, was already engaged as the publisher of the forthcoming volume, and had made some announcements of it to the public, which,
it
be seen, had served
will
to
augment the author's
disrelish of his enterprise.
TO JUDGE CARR. Richmond, August
My Dear
Now
Friend
for Patrick
Henry.
and seventh page; up-hill
you
I
all
I
may.
can
I
you,
tell
1
that
sir,
ropes and rending sails." I
I
it is
much
—
promise
will be,
work
the most oppres-
and I begin to without " rattling
in,
Let me give you some idea of I
always thought that Bozzy
complaining so heavily of the
ranted, in
it
it
I
write in a storm, and a worse tempest,
Imprimis, then,
difficulties.
me
fear
embarked
I
fear, will follow its publication.
my
I
never debark from
shall
one hundred
way, and heavy work,
sive literary enterprise that ever
apprehend that
my
have delved on to
the
and a heavy and unleavened lump
;
as
it
20, 1815.
:
infinite
difficulty
and
trouble which he had to encounter in fixing accurately the dates
of
trivial facts
was
;
but
And,
right.
selves to collect. sat
in I
I
now know by woful
addition to the dates,
thought
I
had them
experience that Bozzy I
all
have the
facts
them-
ready cut and dry, and
down with all my statements of correspondents spread me a pile of old journals on my right, and another of
before
;
newspapers on
my
left,
thinking that
I
had nothing
as Lingo says, " to saddle Pegasus, and ride
else to
out old
do but
up Parnassus." Such
"
THE BIOGRAPHY OF HENRY.
388
short-sightedness
there in "
is
the schemes o' mice and
all
found, at every turn of Henry's
for
I
and
let
that
life,
volley of letters over the State, in
fly a
[1815—1816.
had
I
all
men
:
to stop
directions, to
collect dates and explanations, and try to reconcile contradictions.
they arrived, "
I kept sowing on." same business of staling facts with rigid what the deuce precision, not one jot more or less than the truth To tell you one truth, however, has a lawyer to do with truth I find that it is entirely a new business to me, and I am propor-
Meantime,
until
In the next place, this
—
!
tionately rately,
awkward
at
it
;
for after
I
have gotten the
facts accu-
they are then to be narrated happily; and the style of
by a scrupulous regard
narrative, fettered
the most difficult in the world.
It
is
me
to real facts, is to
like attempting to run, tied
My pen wants perpetually to career and frolic it I must move like Sterne's mule over not be. must But " slow as foot can fall," and that, too, as the plains of Languedoc, Nanette on the green, or even the with frolic without one vintage up
in
a bag.
away.
it
relief of a
mulberry tree to stop and take a pinch of
very sensible, when
I
began, that
I
was
snufl" at.
I
was
not in the narrative gait.
over and over again, almost as often as Gibbon did to I determined, therefore, hit the key-note, and without his success. to move forward, in hopes that my palfrey would get broke by I
tried
it
obey the slightest touch of the But I am now, as I said, in my hundred and seventh page, snatfle. which, by an accurate computation, on the principles of Cocker, taking twenty-four sheets to the quire, and four pages to each
degrees, and learn, by-and-bye, to
sheet,
you
will find to
exceed a quire by eleven.
And
yet
am
I
as far to seek, as ever, for the lightsome, lucid, simple graces of
You may
narrative.
may
think
it
jest
;
think this aff'ectation,
if
you please, or you
but the dying confession of a felon under the
gallows (no disparagement to him
!)
is
more
not
true, nor
much
more mortifying. Tertio:
The
incidents of
Mr. Henry's
life
are extremely monoto-
'Tis irue he could !" there is no acting " the but talk could he talk the legislature from and legislature, the bar to the From while." deal, those of good resembled, a peregrinations to the bar, his
nous.
:
It is all
—" Gods
some one,
I
cljaracters,
speaking, speaking, speaking.
!
how
forget
whom,
— perhaps some of our
" from the kitchen
friend Tristram's
to the parlor, and from the parlor
ITS DIFFICULTIES.
CHAP. XXII.]
to the kitchen."
And
to 1789, covering
all
his
speeches lives
me
is,
then, to
make
389
ihe matter worse, from
the bloom and pride of his print, writing or
in
memory.
life,
17G3
not one of
All that
told
is
on such and such an occasion, he made a distinguished
that,
Now to keep saying this over, and over, and over again, without being able to give any account of what the speech was, speech.
why,
what
sir,
is it
but a vast, open, sun-burnt field without one spot
of shade or verdure
come
in
wliich
sometimes
My
?
soul
can say that
I
I
is
weary of
it,
and the days have
have no pleasure
a notion of trying the plan
of Botta,
in
who
them.
I
have
has written an
account of the American war, and made speeches himself for his prominent characters, imitating, in this, the historians of Greece
and
Rome
but
;
I
think with Polybius, that this
with the sanctity of history.
is
making too free
Besides, Henry's eloquence was
so completely sui generis as to be inimitable by any other
all
and to
:
make my chance of imitating him still worse, I never saw or heard him. Even the speeches published in the debates of the Virginia convention are affirmed by
be
his, but
all
my
to lall far short of his strength
spite of all this
monotony and
correspondents, not to
and beauty.
destitution of materials,
Yet, in
we have a
fellow coming out in the Analectic Magazine, or the Baltimore Commercial Advertiser, I forget which, for both have been at it,-
—
exciting the public expectation on this very ground,
among
of the copiousness and variety of the materials within
Those
puffs
mean me
well, but
I
could wish them a
others,
my little
reach.
more
judgment.
Again there are some ugly traits in H's character, and some pretty nearly as ugly blanks. He was a blank military commander, a blank governor, and a blank politician, in all those useful points which depend on composition and detail. In short, :
it
is,
verily, as hopeless a subject as
have dug around could
upon
command it
to give
;
it,
and applied
but the fig-tree
indicates death instead of it
up ?"
in so deep, that
On I
the contrary^
am
is
man could
well desire.
the plaister of Paris that
all
I I
barren, and every bud " Then, surely you mean assure you, sir: I have stept still
life. I
determined, like Macbeth,
to
go dn^
though Henry, like Duncan, should bawl out to me, " Sleep no more!" I do not mean that I am determined to publish., No, sir,
unless
I
VOL.
can mould
1—33*
it
into a grace,
and breathe
into
it
a spirit
DABNEY CARR THE ELDER.
390
have never yet been able
to do,
[1815—1816.
shall
never see the
which
I
light;
Mr. Webster's proposals to the contrary notwithstanding.
it
have determined upon is to go on as rapidly as I can, to embody all the facts then, reviewing the whole, to lay it off into sections, by epochs, on Middleton's plan ; and taking up the first
But what
I
:
make
section, to
surrender
a last and dying effort
my sword
otherwise,
if
:
section, conquering and to conquer. this time,
I
will
promise never to
good nature
their
With regard
to
I
upon
it
go
shall
per
If 1 fail, I
se.
forth, section after
And if the public forgive me make a similar experiment on
again.
your
(Dabney Carr,)
father.
I
had predeter-
interweave the fact you mention. Judge Tucker has furnished me the incident. " It was at this time, February 1772," says the Judge, " that Mr. Carr made a motion to appoint stand-
mined
to
ing commitlees of correspondence with the other colonies, on the subject of the act of Parliament imposing duties on glass, oil and
The
painters' colors."
appointment of committees of safety took
1775, after the organization of the old Congress, to which, you say, your father's motion led. In regard to the committees of correspondence with the other colonies, Judge Marshall place in
gives Massachusetts the credit of the invention; though,
what Massachusetts did cited
page 149 of
committees
his
invent,
—
second volume,
w^ithin that colony,*
I
suspect,
^judging from MarshalTs note 10,
— was nothing more than town
and that the credit of committees
of correspondence connecting the Colonies, really belongs to Virginia.
1 shall
communicate with Marshall on
wish you would do so with Mr. Jefferson. to this latter gentleman, but
and so much,
am
really
in
ashamed
wish
I
have already written
the course of to
frequent occasion for I
I
this subject,
sliould
I
annoy him
my
to
and
myself write
him so often
troubles with Patrick, that
farther,
though
I
I
have much and
it.
knew something more
of character, in order that
I
specifically of
might take
your
father's cast
opportunity of giving
this
This point, upon further investigation, was sctlled in the establishment of an Id " The measures were so the Life of Henry, page S7, the author asserts in a note •
equal claim on the part of the two States to the origination of the committees. :
nearly coeval in the two States, as to have rendered
have borrowed the
it
from the other.
two States are
it
impossible that either could
The messengers who
said to have crossed each other on the
bore the propositions froia
way."
SKETCH OF HIM.
A
CHAP. XXII.l
him the best niche
my
tiiat
391
poor jaded pen could form.
only a general impression that he was
much such
have
I
man
a
as
it
is
easy to conceive your brother Peter* would have been, had his
Open, noble, magnanimous; bold, ardent, and eloquent; with a mind rather strong than acute ; rather comprehensive and solid in his views, industry and enterprise been equal to his genius.
remarkable for subtilty of
than
qualified
discrimination
;
and
disposed
lay hold of and plant himself on great principles,
to
rather than to run divisions
among
minutiae; with an understanding
highly cultivated, a rich imagination, a refined and classical taste, a
too
command of the most would be saying too much or
and melodious voice, and a copious
full
pure and nervous language.
me
little, let
If this
be corrected, for
have
I
set out with the
purpose
of telling the truth, the whole truth, and nothing but the truth, at least
in
book; though
this
I
have
my
I
am
at
how much
and
it,
pain
they would certainly discover that
in the delivery, for
operation of the kind
first
should be very unwilling that the
I
how awkward
world should know
;
nor should
I
be astonished
if
it is
some
make just this very remaik; which being would be no joke at all to me, and might make every body laugh except " Mr. Callender's counsel."
rascally reviewer, should true, else
Webster vexes me not a tacking to
my
little by the style of his proposals, name, " Author of the British Spy." His motive
obvious enough
is
and think
•
;
but the world will consider
a vanity,
it
Peter Carr here alluded
— which
to,
I
and whose character
as
it
my
Again, he adds
abhor.
act,
in his
portrayed in such terms of
is
He had few months before this date. There is a touching allusion to this event in a letter to Judge Carr, written almost immediately after it. " His soul, I hope, is happier even than it was on earth. It is among the discriminate praise,
was the
eldest brother, as
we have
seen, of the Judge.
died but a
of
articles
my
creed that he
Nothing remains
for us,
gratify his spirit, if
it
my
then,
;
and
who
this
I
am
worthy
for his loss.
must be the
by drawing closer
eartli,
in
Some one friend or other is continually dropping case while we remain in this state of being. Let us,
are permitted to survive, endeavor to repair these heart-rending losses,
by loving each "
an unseen witness of our sorrow
be conscious of what passes on
our affections for each other.
from us
is
dear friend, but to remember him, to love him, and to
other more dearly, and clinging more closely together.
not a misanthrope, yet
to succeed, in
our
I fear it is
not often that
affections, to those
whom we
we
have
shall lost
;
meet with men or to
partners in that friendship which binds the few survivors together."
become
LITERARY REPUTATION.
S92
[1815—1816.
proposals to the Life of Henry, " together with several of his
Now his
s[)eeches."
only authority for this
is
that I told
once seen Henry's "speech on the British debts"
him
had
I
nnanuscript
in
taken by a stenographer, and might perhaps be able to get again.
He
will disappoint the public in this particular.
ye,
— does not Fame
Hark
and approvers
mean
I
?
depend on the vniUilude of readers
And
literary fame.
if so,
works, on what kind of subjects give a man the this aforesaid
Now, I
fame
it
what kind of
fairest
chance
for
.-'
put on your considering cap and get upon your wool-sack.
now
ask again,
that
you are seated, and your " head
like a
smoke-jack," what kind of writings embrace the widest circle of readers and bid the fairest to flourish in never-fading bloom
Answer
Well-written works of imagination.
?
you say politiworks, count the readers of Locke and Sidney, and compare
cal
:
If
them with those of Shakspeare, Milton, Dryden, and Pope. If you choose to come down to the present day, compare the readers of Hamilton and Madison with those of Walter Scott and Lord Byron. If you choose to institute the comparison between grave history and the lighter works of imagination, you will find tea to
one
in
Robertson's
favor of the latter.
Charles Fifth, for
example, and Tristram Shandy. I
am
not speaking of the grade or quality of this fame, but
of the
" But
I
spread, the
propagation
would rather have
large quantity of the second."
say about
it
is,
non
de guslibus
have a thousand dollars than a
in
hundred guineas
and
continuity of
a small quantity
of the
first
Perhaps you would. est
dispuUindum.
the article.
grade than a All
I
shall
I would rather
bank notes earned by innocent pleasure, in
gold, procured
by marshing
and
ditching.
Besides, as to the grade
man of whom
it
was
itself, I
am
not quite so clear that the
truly said,
" Each change of many-colored life he drew. Exhausted worlds, and then imagined new,"
docs not deserve a fame as high and rich as the
man who
relates
successfully the crimes of nations, or disentangles ever so dexterously the political skein.
This being the case, suppose a man
LETTER TO GILMER.
CHAP. XXir.]
to write for fame,
More
chancellor.?
393
what course should he take especially
if
What
.?
says the
the writer be so encumbered
by
a profession as to have only a few transient snatches of leisure
which he can devote to literary pursuits. You see wliat at, I presume,— and " thereiore there needs no more
driving
*******
am
I
be
to
said here."
We unite
cordially in love,
Yours, ever,
Wm. Wirt. TO FRANCIS W. GILMER. Richmond, August
My Dear
received
I
your arrival to
my
last night
at
we
letter
inst.,
announcing
We have you
at last fairly pitted
— stripped, braced — your nerves
left
of the 15th
this early attention
anxiety for your welfare.
shall
your
your
Winchester, and thank you for
on the arena, muscles
29, 1815.
Francis:
oiled,
your joints
strung
;
and
all
I
lubricated
—your
hope, that ere long
hear you have taken the victim bull by the horn, with hand, durosque reducta Libravit dextra media inter cornua caestus
Arduus, effractoque Sternitur,
I
illisit
in ossa cerebro.
exanimisque tremens procumbit humi bos.
perceive that you are going to work, pell mell, nee mora,
—
nee requies
that's
Nunc It is
your sort
— give
it
dextra ingeminans citus,
to
them thicker and
nunc
ille sinistra.
glow and enthusiasm of enterprise
this
to the stars.
But then bear
in
mind, that
it
that
is
is
to carry
verando Vinces," ought to be your motto fession, in is
march of a heavy armed legionary
armor you have
" Perse-
— and you should write
page of every book in your library. Ours which a man gets along by a hop, step and
the steady
you
a long journey to
the stars, and that they are not to be reached per sallum.
in the first
faster!
yet, in a great measure, to gain
;
is
a
it
not a pro-
jump.
soldier.
to learn
It
This
how
to
— RULES FOR BUSINESS.
S94 wear
it
use every piece of
it
put
on
it
;
to
without fatigue
It will
I
with ease, and
am
many
too
tlierefore, to
would not wish you
I
practice at once.
figlit in it
to the best advantage.
extending your practice beginning.
to
;
[1815-1816.
against your
courts, in the
plunge into an extensive
to
break up your reading, and prevent you
from preparing properly for that higher theatre which you ought always
keep
to
delve
your mind's eye.
intently in
For two or
three years, you
must read,
— meditate — study — and make For two or three
your own.
years,
sir
— read — read
whole mine of the law had much rather that your
the I
appearances should be rare and splendid, than frequent, light and vapid, like those of the young country practitioners about you.
Let
you
me few
a
you may
use the privilege of
age and experience to give
find not useless.
Adopt
1.
my
which, now that you are beginning the practice,
hints,
system of
a
never deviate from
as
life,
to
business and exercise; and
except so far as you may be occasionally
it,
forced by imperious and uncontrollable circumstances.
Live
2.
in
your
office
;
i.
be always seen
e.
in
it
except at the
hours of eating or exercise,
Answer
3.
all
how many
not
letters as
heart-aches
endorse neatly, and year,
all
let
it
may
away
Then
save you.
;
you know
fold neatly,
neatly, alphabetically, and
the letters so received.
Let your
letters
by the
on business be
keep copies of them,
short, and 4.
file
soon as they are received
Put every law paper
in its place, as
soon as received
;
and
no scrap of paper be seen lying for a moment, on your writing
This
chair or tables. ness 5.
who
regular accounts of every cent of income and expenfile
your receipts neatly, alphabetically, and by the
montii, or at least
Be
eye of every man of busi-
enters.
Keep
diture, and
6.
will strike the
by the year,
patient with your foolish clients, and hear
all
their tedious
circumlocution and repetitions with calm and kind attention; cross
examine and
sift
them,
'till
you know
ness of their cause, and take notes of
can do
so.
all it
the strength and weakat
once whenever you
RULES FOR BUSINESS.
CtlAP. XXII.]
Chancery
File your bills in
7.
and while your client
suit,
ment of suit is
his case
395
moment of ordering
at tlie
also prepare every declaration the
;
ordered, and have
it
tlie
yet with you to correct your state-
is
ready to
moment
the
tile.
Cultivate a simple style of speaking, so as to be able to inject
8.
the strongest thought into the weakest capacity.
You
never
will
be a good jury lawyer without this faculty.
Never attempt
9.
tribunals;
— and
be grand and magnificent before
to
common The
most you will address are common.
the
neglect of this principle of
common
sense
ruined
lias
witli
men of sense. 10. Keep your Latin and Greek, and science to yourself, and to tliat very small circle which they may suit. The mean and envious world will never forgive you your knowledge, if you make it too all
public.
It
will require the
most unceasing urbanity and habitual
gentleness of manners, almost to humility, to
make your
superior
attainments tolerable to your associates.
Enter with warmth and kindness
11.
cerns of others
— whether you care
into the interestin": con-
much
for
them or not
;
— not
with the condescension of a superior, but with the tenderness and simplicity of an equal. It is this benevolent trait which makes
and
such universal favorites
my own
has smoothed
else,
path of
— and, more than any thing life,
and strewed
with
it
flowers.
Be never
12.
terior of
assume the ex-
flurried in speaking, but learn to
composure and
self-collectedness, whatever riot and con-
may be within; speak slowly, firmly, distinctly, and mark your periods by proper pauses, and a steady significant look: " Trick !" True, but a good trick, and a sensible trick.
fusion
—
You
talk of
your manner of doing not as
you thought
if
preach,
you must not than that
I
was
in
slight
my maxims
know
it
my
a
are
all
of
your power to give them impor-
sermons, for
sound.
care
be humble and sincere, and
fiat.
ever was or can hope to be.
I
wish you
Our
is
for
to
old
men
to
Yet
practice.
to
be much greater
friend Carrwill
Practise them, and
I
will
You have more science and literature than good deal more of the world and of life, and it
your success. I
it
Let
this.
You see how natural it and how much easier to preach than
tance by your
Take
complimenting your adversaries.
tell
you
warrant I ;
— but
will
ba
JUDGE CARR'S SUCCESS.
596
much cheaper
you
for
to profit
Nothing
than by your own.
[1815—1816.
by
my experience
is
so apt to tincture the manners
of a young man with hauteur, and with
and miscarriages and disdainful
cold
a
indifference towards others, as conscious superiority is so fatal to his progress through life, as
My
.
fear of
its
is
not without
must feel this superiority,
and since you
it;
himself,
friend
;
and nothing
such a tincture
I
some
ill
:
witness
effect
from
cannot be without
usual effects.
You must
not suppose because
I
give you precepts on particular
have observed you deficient
subjects, that
I
the contrary,
it
is
way
only by
in these respects
of prevention
;
on
;
and whether
my
precepts are necessary to you or not, you are too well assured of
my
affection, to take
well
— my
them otherwise than be lectures.
in
good
Fare-
part.
letters shall not all
Yours
affectionately,
Wm. Wirt. to judge carr. Richmond, January
My Ever Dear I
Friend
12, 1816.
:
have, indeed, had a tough spell through the latter part of the
fall.
It
was the
effect, I believe,
feared, at one time,
obstinate
had
fallen
cough which attended
of a very severe cold which
on
my
it
and there were times,
;
lungs, from the
I
ugly and I
con-
when the apprehension of being taken from my family just when my toils and plans seemed ripening to a harvest of independence for them, depressed me rather more than become a phiwhich, however much I wish, I fear I losopher or a christian, fess,
—
shall never approach nearer, than a few transient aspirations.
As
for Patrick,
coped
If
withal.
ing after nature
:
—he
painting the images in In this walk,
I
I
the very toughest subject that
my own
mind, and the feelings of
have occasionally succeeded almost to
entire satisfaction.
me.
is
I
ever
have any knack at all in writing, it is in copynot merely in drawing known characters, but in
I
my
heart.
my own
But Patrick was altogether terra incognita to
had never seen him
;
and the portraits of him which had
CHAP
THE BIOGRAPHY.
XXII.]
me were
been furnished to
so various and contradictory as to seem
Hence
confound rather than inform me.
able to
embody
My
him.
througliout the whole
397
have never been
I
no resting place
imagination found
work; but from beginning
to end, fluttered
like Noaii's dove over a dreary waste of waters, without spying
even a floating leaf of without satisfaction,
same way.
the
shall
it
is
myself,
But
me, and the pain
—
am
I
not
too, of a
be
;
that
A
in narrative.
it
be truly
sively to be trammelled in writing,
mischievous as to mistake me.
my
— "ex
is,
my
Pegasus are
I
it,
but the detail must
by matter of fact. Don't be so mean that my habit of compo-
my own
heart both as free as the winds.
all
you
In truth, I hate exces-
told.
the necessity of detailing stubborn facts,
my
not every
ligno,'''^
nothing great could have
has always been to draw only from
fancy and
is
It
quovis
panegyric, and a splendid one,
dozen pages might be written on
trivial if the incidents
sition
1
mistaken this subject would have been
found impracticable to any one
been made of
very certain that
written.
which a man can succeed:
If
wrote
has now become You are wrong, be assured, this work will redound more
my dearest friend, in supposing that my fame than any thing I have ever
know.
I
conclusion
this
over.
is
am
I
to
subject on
What
of laurel.
less
reasonable to conclude will be read in
Disappointed
disappoint others.
familiar to
much
olive,
to be
formed anew
;
I
for
stores, with
Reined
in
by
find that the gaits of
he
trots,
prances and
same period. If you do not understand me now, you must wait 'till I can borrow an exposition from PhiBut before we dismiss Patrick finally, you losopher Ogilvie. gallops altogether in the
will find in the Port Folio for
December, an extract from
my
biog-
raphy, furnished at the desire of Hall, the editor, and you will see in that extract
what has been thought by
several,
the manuscript, one of the happiest passages
my
passage, in bility
of the
No,
the
The
read
rest.
it!
to the press
who have
not the happiest
book, from which you will judge of the misera-
work
get leisure to
could see
if
;
file
is
not in the press.
off
some of
— and for
I
it
am
It
shall not
its asperities.
I
go
go hard, but you shall, before no hurry to be damned.
shall in
until I
can
wish to heaven, you it
passes
candid and sensible reader will, indeed, as you say, allow
for the subject
VOL.
;
but of the thousands of readers on
1—34
whom
fame
!
CONTENTMENT.
398
how many are there, think you, who how many will there be, predisposed to
depends, candid
?
keep prating about preying on
is
my
of reputation from
full
my
said or thought so
began
lips
But enough of
?
shall confirm
it, I
spirits,
are sensible and
dash
you
in the
my
this
sir,
in
full
twenty years ago, but
still
if
I
conjecture that
it
it
for
my word that I have not two months, as I have since 1
and high health; not quite indeed so I
was when you
calculations of happiness, yet
with Solomon, "
knew me, about
first
with a reasonable appetite for the good
by no means disposed
vanity and vexation of spirit."
all is
If
note.
What
vanity or vexation of spirit
temperate indulgence of our affections
in the
I
a cloyed and sated debauchee, than that of a
plative philosopher.
that plays
caresses of
upon me from the eyes of
my
beloved children
the best of friends
Solomon
have, he His exclamation upon the vanity has always struck me rather as the senti-
would have changed his sublunary things,
cry out
to
had had such a wife and children and such friends as
ment of
my
Disappointed indeed, as to some of
things of the world.
all
for
give you
I
much about
brimful of expectation as
of
thimble-
—
to scribble this letter.
am now,
I
[1815—1816.
which
lie
;
my
in
;
wife
there
is
the love-beam
in the
;
contem-
untutored
in these tender inquiries
before
me
from
or in this tear, which
;
the consciousness of these purest of earthly possessions calls into
my
eyes.-'
remain a
If on subjects of this sort
fool.
What
Solomon was wise,
me
let
say you? '
*
My If
wife and children unite with
you knew what
and enjoy the leisure which
me soon and often. May God bless you Your
me
in love to
heartfelt pleasure
and
I
*
*
*
*
*
*
your
your
fire-side.
letters afford
me,
hope you do, you would write
to
make you happy
friend in life and in death,
Wm. Wirt. About for the
this
time George Hay, the attorney of the United States
Amongst several resigned his post. whose names were submitted to Mr, Madiappointment to this office, was that of one who sub-
Richmond
district,
gentlemen of Virginia son for the
MR. UPSHUR.
CHAP. XXII.]
399
sequently attained to high distinction in the public councils, and
whose death acquired
most painful celebrity by
a
association
its
with the melancholy accident on board of the Princeton
He
P. Upshur.
who now
— Abel
had studied law under the direction of Wirt,
presented him to the President, in terms suggested by
the highest appreciation of his talents, and friendship.
Mr. Wirt's
This incident
is
by a strong personal
only worthy of notice here, so far as
on the occasion, allbrds us an insight to the
letter,
abated temper of partizan feeling which had already begun to be manifested, and which
was an index
which prevailed
political sentiment
to that
calm and appeased
in the administration
of public
some years succeeding this event. After speaking the language of the warmest praise on the merits of his friend, he affairs for
adds,
—"
It is
proper for
me
to state that
he
draw-back, he continues
to qualify this
war with Great marched to York *
*
to
"
I
a Federalist,"
—but
justified the late
was among the volunteers who
Britain, and
Town
is
— "he
meet the enemy.
am
entirely certain that no differences
of political sentiment would ever swerve him from his duty, or abate, in the smallest degree, the zeal proper for
How far ought
^
its
discharge.
in the 'present condition of the country^ his political creed as a bar to his appointment^ or whether
to operate
its
tendency
and promote that coalescence which is so desirable on every account, and of xchich we have such promising omens, it is not for me to decide. I submit the proposition with great deference, and rely upon your usual would not rather
be to soothe the exasperation of party,
indulgence to excuse this liberty."
This 1816.
letter to
The
Mr. Madison was written on the 10th of March,
writer of
from Mr. Madison
it
was
a little surprised to find,
by a
letter
on the 13th, that the subject
to him, dated
settled by the selection of himself for the apwas an event altogether unlooked for, and equally Coming upon him in this unexpected way, and with
had been already pointment. undesired.
It
expressions of the kindest personal interest from the President, the
appointment somewhat embarrassed him
rating,
he thought
it
his duty to accept
;
but, after delibe-
it.
In communicating this determination to the President, he says, in
a letter of the 23d of March, edly sincere
in
—"
I
beg you
declaring that there
is
to believe
me
unaffect-
nothing in the office which
WIRT APPOINTED DISTRICT ATTORNEY.
400
my
excites any solicitude, on
part, to possess
it
and that
;
myself much more highly honored by the terms
were so good
as to
make
session of the office itself
the inquiry, than
So
am
far
I,
[1815—1816,
feel
I
which you should by the pos-
I
in
indeed, from being soli-
citous to possess
it, that I assure you, with the frankness which I hope our long acquaintance warrants, your bestowing it on any one of the many gentlemen of my profession in this State who are,
at least, equally entitled to
of
it,
will not, in
it,
and stand, perhaps,
the respect and affection with which
in
me
smallest degree, mortify
the
greater need
nor diminish
am and ever have been your
I
friend." It was but a few weeks before the date of these letters, that Wirt had argued his cause in the Supreme Court, and had
" broken a lance with Pinkney,"
—
he himself described
as
it.
These two gentlemen had here commenced an acquaintance, which was afterwards illustrated by many passages of dialectic and forensic
skill
association in the
in
a course of eager competition and constant
No
same forum.
one was more prompt
justice to
Pinkney's extraordinary
tunities to
observe them, than Wirt.
powers of
known
his great competitor
in the circle in
abilities, after the best
to
do
oppor-
His mature opinion of the
was
freely expressed and well
which they both moved.
impressions of him, derived from this
trial,
But Wirt's
first
are singularly variant
from those which a more intimate acquaintance afterwards gave him. We have a letter to Gilmer, soon after this first encounter, which presents a picture of Pinkney, far from flattering. Pinkney was,
at that time, in the zenith
object of interest in the
He was
of his fame.
Supreme Court, and
subject of popular criticism.
No man
the chief
the most prominent
ever drew forth a larger
share of mingled applause and censure, or was visited with more
exaggerated extremes of opinion.
saw
in his
While one
class of observers
oratory nothing short of the most perfect of forensic
accomplishment
;
another could scarcely
best endeavors to rescue
which they alleged tions entitled them.
his
find
them from the
dogmatism,
false
merit enough in his
utter
taste
condemnation to
and frigid affecta-
Impartial and judicious estimate of his
and acquirements seems rarely to have been accorded
We ities
may
in
power
to him.
ascribe these conflicting judgments to some peculiar-
Pinkney's character and position.
At the
bar, his port
WILLIAM PINKNEY.
CHAP. XXII.]
towards those nistical
and
who occupied
He
supremacy.
for
His courtesy gested
in
with
avoided
than
His manner was
it.
civilities short
a swordsman in the theatre when drew crowds together to witness
were
favors.
alert
and
and measured, like
the " noble art of defence the trials of
bar, constituting a most
portion of the
was antago-
such an unceasing war
arena was a mere formula, and rather sug-
guarded, his brow severe, his
auditory,
all
gave no ground himself and asked no
this
conilict
the most eminent station
He waged
defiant.
401
skill.
intelligent
All this
and critical
the fastidious and unsparing witnesses of his fame,
and often spoke of him,
whatever defect of
in
no mitigated terms of exception to
judgment they were able to detect. Opposed to these were the younger members of the profession, not yet within the pale of rivalry, to whom Pinkney was habitutaste or
courteous and kind.
ally
his to
win the good
He was
to
instructed,
seemed
to
them the pleasant companion,
He
small civilities.
in the
It
be
a cherished object
full
of condescensions and
noticed their progress, praised their efforts,
encouraged them, and almost invariably enlisted them
support of his
own renown. He was an eager sportsman work with his gun an excellent
in the field, untiring in a day's
and studiously learned
shot,
;
in
all
the technicals of this craft.
This gave him acceptance and favor amongst another
was profuse and splendid
in his
mode
expense, munificent and ostentatious. cal
contests in Maryland, in
He was
He
popular as a
which he was accustomed
had acquired
politi-
some noted meet the most
to his cause in
champions of a party distinguished
telligence.
He
circle.
of living, utterly careless of
champion, and rendered good service
etfective
of
will of this class of his professional associates.
for
to
its
talents
and
in-
a high standing in the country for his
diplomatic service which had elevated him, in public opinion, both at
home and
abroad.
He
had served with conspicuous success
as the Attorney General of the United States, in the administration
He
of Mr. Madison.
war
;
w^as a zealous and ardent supporter of the
had taken a commission from the Executive of Maryland,
and commanded a capital,
rifle battalion at
and shared
w^ounded
upon him
the time of the invasion of the
in the disaster at
in the fight.
Bladensburg, where he was
All these circumstances combined to
draw
a large portion of public observation, and to attract,
one side, as much exaggerated praise, VOL.
1—34*
as,
on another,
to
on
expose him
— ;
WILLIAM PINKNEY.
402
[1815—1316.
to the virulence of partizan antipathy or to the invidious reflection
of personal rivalry and dislike.
Pinkney's
accost raised an unt'avorable
first
prepossession
Wirt's mind against him, as will be seen in the following
from which
make some
I
extracts,
—premising, what
I
in
letter,
have already
hinted to the reader, that these opinions were greatly modified
when
the writer of this letter had
more
opportunity to witness
full
We
and appreciate the power of his opponent.
may
regard the
present comments as expressing the disappointment of one
had formed
judgment of oratory
his
who
in an entirely different school
from that of which he was now furnished a specimen.
Nothing
could be more diverse than the distinctive characters of the elo-
quence of Pinkney and Wirt.
The slow
consent of one to admit
was but
a natural reluctance of
the eminent claim of the other, opinion.
TO FRANCIS W. GILMER. Richmond, April
Mv Dear
Francis
1,
1816.
:
"
I wish I had been trained to industry and method in the counting-room of a Scotch merchant from the age of twelve, and
whipped out of those lazy and sauntering habits which fastened upon me about that age, and have held " the fee simple of the Your truly great man does more business, and bark " ever since. has more leisure and more peace of conscience and more positive happiness than
any forty of your mediocre persons.
humiliating to me, and profit
by
don't like to think of
I
*
*
This
is
But, do yon
Mr. Jefferglow with the
to the practice of
and habituate yourself
it,
son's system.
it.
Make
the axle
ardor of your exercise, and the anvil ring with the vigor of your preparation. '
I
a
new
mean
of
my
Teach
these boys,
his
solemn
hand.
style, to
If that
— such
locutors of the Dialogue
'
as
let
which,
be a good
ancient and modern, which plate as truly great,
—
But
style of speaking.'
Pinkney it
a
said
he would do,
better one than his
in Irish phrase, 1 give the style,
we have
then
all
back
the models both
been accustomed to contem-
as Crassus,
De
be
Anthony, Cicero, the pro-
Causis corruptae eloquentiae,' Chat-
WIRT'S FIRST ESTIMATE OF HIM.
CHAP. XXII.]
ham, Henry, and others,— not forgetting
— are
Charon,'
But
He
all
pretenders.
was near him
I
five
I
know
'
403
Paul Jones and old
that this
not your opinion.
is
or six weeks and watched him narrowly.
has nothing of the rapid and unerring analysis of Marshall,—
but he has,
in lieu of it, a dogmatizing absoluteness of manner which passes with the million, which, by-the-bye, includes many more than we should at first suspect, for an evidence of power and he has acquired with those around him a sort of papal
—
—
infallibility. That manner is a piece of acting it is artificial, as you may see by the wandering of his eye, and is as far removed from the composed confidence of enlightened certainty, as it is :
from natural modesty.
Socrates confessed that
all
the
knowledge
he had been able to acquire seemed only to convince him that he knew nothing. This frankness is one of the most characteristic
Pinkney would make you believe
of a great mind.
traits
knows every "
At the bar he
is
leagues or adversaries as tainly
much
—
that
he
thing.
despotic and cares as
if
they were
them
the advantage of any of
claim.
for his col-
He
has cer-
show.
Give
will deliver a
speech
in forensic
— and he
him time and he requires not much which any man might be proud to
little
men of wood.
You
will
have good
materials, very well put together, and clothed in a costume as
magnificent as that of Louis XIV.; but you will have a vast quanof false fire, besides a vehemence of intonation for which you
tity
see nothing to account in the character of the thought.
His arguheard him, were such as would have occurred to any good mind of the profession. It was his mode of introducing, ments,
when
I
dressing and incorporating them,
value
—
'
materiem superabit opus.'
which constituted *
*
their chief
*
*
jj^
which we were engaged against each other, there never was a case more hopeless of eloquence since the world began. It was a mere question between the representatives of a dead collector and a living one, as to the distribution of the penalty of an embargo bond whether the representatives of the dethe cause in
:
—
who had performed all the duties and recovered the the living collector, who came in about the time the
ceased collector,
judgment, or
money was paid by done none of the
the defendant into court, and had, therefore,
duties,
was
entitled to the
representatives of the deceased collector
award.
— Pinkney
I
was
for the
for the living
SELF-CRITICISM.
404
You
one.
[1815—1816.
was a mere harpy, who had no There were ladies present and PinkSo, the mode he be eloquent at all events.
perceive that his client
—
merits whatever to plead.
ney was expected
to
adopted was to get into his tragical tone
in discussing the
Closing his speech
struction of an act of Congress.
tone, he took his seat, saying to me, with a smile
#
*
*
for the ladies.'
*
jjg
—
'
con-
solemn
in this
that will
do
certainly not of
jg
the olden school."
As
a counterpart to this, Ave have a criticism of himself in the
same cause,
in a
letter to
Carr
with some comment, besides, on
;
his dramatic experiment, in regard to
which
his friend
had shown
himself a rather partial judge.
TO JUDGE CARR. Richmond, April
And can
you,
my beloved friend, who my heart so long and so
bottom and core of
had a home
in that heart
ment, any decay of it
been
me
reason
me on
had
I
made
with
to
that
in
my own
!
I
this letter,
—who have
cannot believe
which
have
I
of the reverse, notwithstanding
The
half insinuations to the contrary. satisfied
heard from
I
No
affection for you.'^
from you, assures
just received
some
my
have known the very intimately,
twenty years, suspect for one mo-
for
Indeed the very tone of
possible.
7, 1816.
figure at
truth
is,
if I
had
Washington, you would have
was most dissatisfied. And good was a mean and sneaking figure
the spot; but
I
— cause; — and
your friends either deceive you
be so
for
it
I was never more displeased with any speech I have made since I commenced practice. Having once argued the cause here, to my
from kindness, or have been deceived themselves.
satisfaction,
my
mind
held
;
I
relied
and
upon
this the
my
more
notes for recalling every topic to
especially, as the Court of Appeals
me under the lash to the very moment of my departure. But when I was about to set out, my notes were nowhere to
behold,
be found.
My
only hope then
the arguments by meditation
very sour, sulky and
was
that
in the stage
silent to
my
I ;
should be able to recall
and
I
determined to be
fellow passengers, that
I
abstract myself from them and have an opportunity of study
might ;
but
you know
this
ENCOUNTER WITH PINKNEY.
HIS
CHAP. XXII.]
my
not in
is
— and
nature
so
reached Alexandria
I
My consolation
without one idea upon the subject.
405
was
then
that
should iiave one day in Washington before the cause came on,
I
and
eOect
to
this,
Alexandria when the stage arrived,
left
I
at
about ten o'clock on Tuesday night, and went on to Washington that night. after, find
got to McQueen's about eleven.
I
Doctor F. came in
it
my
so delighted to see
in,
because he had much
talk,
import to himself and had been longing for
unbosom himself
He
me.
to
thus kept
Immediately after breakfast acts of Congress, on
the
that
heart to resist his earnest desire that
him and have a
seated myself to study,
rushed into
my room
was again
in the
when
the renowned Pinkney.
my
went
so,
I
to say to
me
I
with
sit
of deep
cause arose, and had just
my
warm-hearted friends
'till
So
court hour.
on Thursday morning.
to court to try the tug of
When
could not
would
1
my arrival that he might me up till two o'clock. to my room, borrowed
me engaged
and
evening;
retired
several of
and held
this hopeless situation I
I
which
two minutes
In
me
thought of
my
it
In
war with
— of the —
situation,
which I was now to appear for the first time, the expectation which I was told was excited, and saw the assembled theatre on
multitude of ladies and gentlemen from every quarter of the Union,
you may guess my feelings. Had I been prepared, how should I have gloried in that theatre, that concourse, and that adversary
!
As
it
was,
my
dear wife and children, and your features, look, and
sympathetic voice and friendly inquietude, came over
To
spirits.
be sure, these considerations gave
perate, ferocious, bandit-like resolution
:
resolution with a totally denuded intellect hits
which produced a
sank, and
of
my
I
argument.
visible
I
but what .''
and animating
my manner
suppose
fell
me
I
like evil
is
mere
brute
gave, indeed, some
effect
;
but
my courage
under the conscious imbecility
was comforted, however, by
Pinkney mended the matter very
me
a sort of des-
finding that
little, if at all.
Had the cause been to argue over again on the next day, I could have shivered him for his discussion revived all my forgotten ;
topics, and, as
I
lay in
my
bed on the following morning, argu-
ments poured themselves out before I
me
as from a cornucopia.
should have wept at the consideration of what
had not prevented
it
I
had
lost, if I
by leaping out of bed and beginning
to sing
DESIRES TO PRACTISE IN SUPREME COURT.
406
—
and dance like a maniac,
This
true.
is all
and
;
my
I
know you
I
siiew them
I
For although you
tise there.
own
may
strength,
me
will abuse
must somehow or other contrive
I
court, that
to
man on
true
it is
cause in that
should like to prac-
I
you believe
that arena,
but
it,
to get another
can do better. saj^,
for
deceive you.
you will change that opinion
not afraid of any
little
mind.
had rather be abused than
I
who
to the great diversion of F.,
suspected what was passing in
still
[1815—1816.
I
— not even
my
do not know
when
you
tell
I
am
I
of the Chevalier
whom I would at any time rather encounter than TazePinkney has, for the while, debauched the public taste by
Pinkney, well.
a false manner, just as Quin and his coadjutors of the old stage there
As
no Garrick
is
to myself,
Washington
at
know
I
The
Cumberland's account.
did, according to
that
I
misfortune
is
that
to raise the standard of nature.
have no pretensions
to oratory.
My
manner, never carefully formed, has become too unalterably fixed to be
improved
fertility
my
at
time of
Besides,
life.
I
have not the off-hand
of thought, the prompt fecundity of invention, and the ex-
temporaneous bloom of imagination, which are But
orator.
say again that,
I
all
essential to the
full preparation,
loith
I
should not
be afraid of a comparison with Pinkney, at any point, before
Now
genuine judges of correct debate.
you I
me from
attending the
Court adopt a plan which they talk fall
session,
—
I
will try
can get a cause or two, by *
this great affair. I
idan.
tried
my
over modest,
of,
He was
a
if
that
is
by every variety of
summer
of having a
way of commencement. #
me by
So much
#
I
for
*
the standard of Sher-
wit, not only of the first water, but of
Europe, where he saw the public taste
Compared with
application.
his,
my
those of a back-woods' bear-hunter measured
with those of the courtly Wickham. Sheridan as a bat a towering eagle.
I I
am
about as
his invention
fit
to rival
foresaw, from your frequent
mention of Sheridan, what your mind was running on. looked for
Ap-
but if our
:
had the advantage of a constant attend-
at the first theatre in
opportunities are
—
#
diamond
He
Supreme Court
luck at Washington as soon as
protest against your measuring
the highest polish.
ance
me
regret extremely that the time of session of our Court of
peals disables
and
think
can.
If
you have
of comic incidents, his percussion and
letter to mr. jefferson.
Chap, xxir.]
407
re-percussion of sprightly and brilliant dialogues, his delicate and varied tints of wit and humor, his splendid Hashes of fancy, you
*******
have been unreasonable, and are therefore justly punished by disappointment.
need not
1
you how sincerely
tell
The
Frank's debut.
charms me.
I
was
a
little
He
is
otF right,
is,
*
*
manner,
in
particular,
he would be too fond of the never doubted that experience and
correct the error.
therefore, so
a fine fellow, and born,
the State.
rejoice in the brilliancy of his
afraid
pomp of expression, though I his own sound judgment would have gone
I
of
plainness
I
hope
much to
the
That he should more pleasing.
redeem the eloquence of *
*
Your
*
*
friend,
Wm. Wirt. The biography was now approaching its completion. The author was manifestly disheartened by his work. His letters to his intimate friends are
He
full
of distrust upon the merits of his performance.
seems to have indulged
tate the
abandonment
this sentiment so far as
almost to medi-
of the publication of the book.
The
coun-
sel of Mr. Jefferson and others, cheered him, revived his confi-
dence, and finally settled the point of committing the volume to the public.
The
following letters upon this subject, furnish
some curious
passages in literary history.
to THOMAS JEFFERSON. Richmond, August
Dear I
Sir
24, 1816.
:
accept, with gratitude, the terms on which you are willing to
remark on
my
manuscript; and send, herewith, three sections,
ninety-one pages.
be an advertisement prefixed to it, stating the authorities on which the narrative is founded, and appealing to the candor and indulgence of the public on account of the
There
will
peculiar disadvantages under
which the work has been
written.
— DISSATISFIED WITH THE BIOGRAPHY.
408 This,
confess,
I
very much
work when
but
;
is
still
less
bear to have
it
I
truth is that no one sheet of
ten without half a
my
ideas
ease
scarcely, has been writ-
dozen professional interruptions, which have
as
Don Quixote's make no doubt you will perceive
completely, each time, as
charge did the flock of sheep. the chasms caused
it,
abhor
believed that the
the offspring of profound leisure, and a mind at
is tlie
routed
[1915—1816.
a kind of beggarly business which
can
I
;
by these
I
interruptions, and the incoherence, as
well as crudeness, of the whole mass.
When
was engaging with Webster,
I
last
summer, with respect
to the publication, I refused expressly to bind myself to furnish at
any particular period,
completion, from the interference of professional
the time of
its
duties, and
wishing to reserve to myself, also,
to
my
humanity, on account of the expensiveness of the
which he has
materials
disposed to let the it
I
mean
advantage.
would
work
go, in
can be done without too
What to
laid in for the publication,
and his inability
remain longer without some reimbursement, that
think
suit
ill
leisure, to
full
But he has made such
revise, correct, and retrench at pleasure.
an appeal to
it
— foreseeing the extreme uncertainty as to
is,
its
much
that I think the
But then,
it
I
am much
present general form,
if
you
sacrifice.
whole work might be
recast
must be written wholly aneWj Avhich
Webster's alleged situation
:
my
disposition, there-
form of the w^ork remain, connecting the comstatements, &c., where it shall be suggested and thought
fore, is to let the
position,
proper.
you think the publication of the work, will do me an injury with the public, I beg you to tell me so, without any fear of wounding my feelings. I am so far from being in love with it If
myself, that taking.
I
I
should be glad of a decent retreat from the under-
confide implicitly in your frankness and friendship,
and beg you to believe me, dear
sir,
with the greatest respect
and affection,
Your
friend and servant,
Wm. Wirt.
CORRESPONDENCE WITH MR. JEFERSON.
CHAP. XXII.]
409
THOMAS JEFFERSON TO WILLIAM WIRT. MoNTicELLO, September
Dear I
4, 1816.
Sir:
have read,
Avith great
delight, the portion of the history
wliich
now
is
returned.
And
can say,
I
oi'
me with, and from my own knowledge
Mr. Henry which you have been so kind as
to favor
of the contemporary characters introduced into the canvass, that
you have given them
The
have asked.
that
I
my own
in several in-
recollections,
where they
to falter.
In result,
you
would
lustre as themselves
exactness, too, of your details, has
stances corrected the errors in
had begun
much
quite as
I
scarcely find anything needing revisal
;
yet, to
show
have scrupulously sought occasions of animadversion,
will particularize the following passages,
which
I
noted as
I
1
read
them.
Page 11: I think this passage had better be moderated. That Mr. Henry read Livy through once a year is a known impossiwith those
bility
who knew
He may
him.
and some general history of Greece
;
have read him once,
A
but certainly not twice.
first
reading of a book he could accomplish sometimes and on
some
subjects, but never a second.
own
of his
He knew
country, but certainly never
So, as to our ancient charters
;
well the geography
made any other
his study.
he had probably read those
in
man ever more undervalued chartered He drew all natural rights from a purer titles than himself * # # # the feelings of his own breast. source Stith's history
;
but
no
—
He
conversation or debate, mentioned
never, in
worthy, or a fact
The
hero, a
Greek or Roman room to back out, if he found he had blundered.
in
loosely as to leave
a
history, but so vaguely and
study and learning ascribed to him,
in
this passage,
would
be inconsistent with the excellent and just picture given of indolence through the rest of the work.
Page 33, line 4 Henry was counsel
his
Inquire further into the fact alleged that
:
I am much persuaded he was There was great personal antipathy between him and Littlepage, and the closest intimacy with Dandridge, who was his near neighbor, in whose house he was at home
for Littlepage.
counsel for Dandridge.
VOL.
1—35
—
;
CORRESPONDENCE WITH MR. JEFFERSON.
410
[1S15— 1816.
who was his earliest and greatest admirer daughter became afterwards his second whose and patron, and
as one of the family,
wife.
was
It
house
in his
ties, I first
that,
during a course of Christmas
became acquainted with Mr. Henry.
but presumptive evidence, and
is
But
proof
I
am
may
This,
it
festiviis
true,
be over-ruled by direct
confident he could never have undertaken any
******
case against Dandridge
;
considering the union of their bosoms,
it
would have been a great crime.* Accept the assurance of
my
constant friendship and respect,
Th. Jefferson. In a reply to this letter, Wirt, in sending
Mr. Jefferson some
additional portions of the book, remarks:
"
can
I
you with very great sincerity
tell
that
"
that
you have removed
******* my
a mountain-load of despondency from
find entertainment in these sheets.
you could
I
you not
entreat
mind, by the assurance
to spare
defacement of the manuscript.
your remarks on account of the had rather commence it de novo
I
than lose the advantage of your freest criticisms. too
about which
have myself strong fears
ship to
tell
I
me
time to correct
so. it,
If
you think
wire- drawn or the style too turgid
the narrative
Much
better will
—
it
I
be
—points,
depend on your friendto learn
it
from you,
in
when
it
than from the malignity of reviewers
shall be too late."
Some weeks
after this
he wrote the following:
WILLIAM WIRT TO THOMAS JEFFERSON. Richmond, October
Dear Sir
23, 1816.
:
submit to you the last sheets of my sketches of Mr. Henry, which I am sorry to find more numerous than I expected and I pray you to forgive the great trouble which I am sincerely ashamed of having imposed on you. I
*
now
There were other corrections of minor
omitted.
errors suggested in this letter
which
are
ON THE BIOGRAPHY OF HENRY.
CHAP. XXII.]
me
by by putting me on a am perfectly aware is too
service to me, not only
Your remarks have been of great enabling
411
to correct mistakes in fact, but
my
severe inquisition of
which
style,
I
prone to exuberance.
am
I
would
whole plan
afraid that the
Has
too diffuse.
too loose, and the narrative
is
struck you in this light, and do you think
it
gain, in point of animation and
it
by retrenchment
interest,
and compression? have another question to ask, to which
I
answer
and
;
suppose that
Would
I
be hurt by
shall
I
I
entreat an unreserved
my
hope you think too well of
me
you, as a friend, advise
understanding to
the answer, whatever
may
it
book, or
to publish this
has been written under circumstances so extremely disadvan-
It
my
tageous, amid such perpetual interruptions arising from fession
—
at
almost every step, too, invita minerva,
myself with so it
be.
not.-*
satisfaction, that
little
may make shipwreck
of what
am
I
—and
it
seriously apprehensive
reputation
little
pro-
peruse
I
I
possess as a
writer, I
am
not obliged to publish
head, by the advice of things, be
They,
I
much
my
;
and
friends,
I
shall
who
be governed, on
better qualified to judge of the subject than
hope and
believe, think
this
must, from the nature of
too justly of
me
to
am.
I
withhold
the expression of their opinions from motives of delicacy.
Your repose I
can help
it.
shall
never be endangered by any act of mine,
Immediately on the receipt of your
before the manuscript had met any other eye, the whole passage relative to the
first
I
last letter,
if
and
wrote over again
Congress, omitting the marks
of quotation, and removing your name altogether from the communication. If there be any other passage for which I have quoted you, and which you think may provoke the strictures of malice or envy, I beg that you will be so good as to suggest it. I am conscious of
having made a very free use of your communications. natural for
me
would be most
to
seek to give
painful to
subjecting you to the It is
not enough for
right,
much
your
fortitude.
less
me
to be, in
my
was
But
it
in
renewed attacks of your political enemies. that you despise these attacks I have no
me
have
It
work.
any manner, instrumental
this value to
:
the disposition, to
make
upon And, besides, the shaft which cannot reach you. I
this call
412 never
fails
MR. JEFFERSON'S OPINION OF
IT.
wound and
This was one of
to
the leading; causes
you
script to
Quere.
irritate
your
which made me
friends.
[1815-1816.
anxious to submit
my
manu-
first.
— Have
some passages from you, of which
not quoted
I
the descendants of our landed aristocracy
heads to complain
may
take
it
into their
?
me till Mr. William H. Cabell (than you have not a warmer friend) made the suggestion. I have great dependence on his judgment; and if the matter occurs This did not occur to
whom
you
to
in the
same
light,
I
will
send up again the sheets which
contain those quotations, and get the favor of you to alter them to
your own
You
taste.
will perceive that I
have borne very lightly on the errors
of Mr. Henry's declining years.
He
did us
much good
in
his
better days; and no evils have resulted from his later aberrations.
Will not
his biographer, then,
be excusable
in
drawing
i)jc
veil
over them, and holding up the brighter side of his character, only, to imitalion.'
Most
respectfully and affectionately,
Your
friend and servant,
Wm. Wirt.
THOMAS JEFFERSON TO WILLIAM WIRT. Poplar Forest, November
Dear
Yours of October 23d, was received here on the last
12, 1816.
Sir:
31st, with the
sheets of your work.
They
found
me engaged
in a business
which could not be post-
poned, and have therefore been detained longer than
On
the subject of our ancient aristocracy,
nothing which
all
I
believe
I
I
wished.
have said
who knew them will not confirm, and which may not learn from every quarter.
their reasonable descendants It
was
law of
The
the etfect of the large accumulation of property under the entails.
suppression of entails reduced the spirit of the rich, while
the increased influence given ple, raised theirs,
by the new government
to the peo-
and brought things to their present level, from a
RECOMMENDS THE PUBLICATION.
CHAP. XXII.J
who have
condition which the present generation,
413
not seen
can
it,
scarcely believe or conceive.
You ask if I think your work would be the better of retrench? By no means. I have seen nothing in it whicii could be retrenched but to disadvantage. And again, whether, as a friend,
ment I
would advise
tation
— on
the latter,
its
your
publication
own
will be valuable
it
You must expect
On
?
that question,
I
have no hesi-
To
account, as well as that of the public. ;
and honorable
be criticised
to
and,
;
to yourself.
by a former
letter
see
I
you expect it. By the Quarterly Reviewers you will be hacked and hewed, with tomahawk and scalping knife. Those of Edinburgh, with the same considering us as
anti-American prejudices, but sometimes it
more
for biography, the familiar
man-
allies against their administration, will
do
decently.
They
will assume, as a
model
ner of Plutarch, or scanty matter of Nepos, and try you, perhaps,
by these
But they can only prove that your style
tests.
ferent from theirs I
;
not that
When
I
have read a work
painting, a statue, etc.,
pleasure, whether
good
is, it is
I
canons of
animating, interesting, attaching
On
for these reasons.
these grounds
Those who take up your book,
safe.
artificial
criti-
prose or poetry, or seen a
in
have only asked myself whether
it is
dif-
is
not good.
have always very much despised the
cism.
me
it is
you
it
gives
.''
If
will
it
be
will find they cannot lay
it
down and You have
certainly practised vigorously the precept of "de mor-
tuis nil nisi
bonum."
be
this will
;
its
best criticism.
This presents a very
difficult question,
whether one only or both sides of the medal should be presented. It constitutes,
history.
be so on
On
perhaps, the
this,
distinction
opinions are
this feature
of your w'ork.
have nothing to fear; from the common.
much
at least if
And no one
my
between panegyric and
divided
On
— and, perhaps, may
the whole, however,
views are not very
will see
its
pleasure than myself, as no one can, with
you
different
appearance with more
more
truth, give
you
assurances of great respect and affectionate attachment.
Th. Jefferson.
TOL.
1
— 35*
LETTERS TO POPE AND MORRIS.
414
two
close this chapter with
I
The
biography.
first is
to
[1815—1816.
letters, in part referring to the
Mr. Pope
;
the other to an esteemed
Hanover county, whose taste and accomplishments rendered him a most competent critic upon the subjects to which it
friend in
both give us an insight into the author's apprehen-
They
refers.
which he was about
sion of the perils to
to
expose himself by the
publication of his book.
TO WILLIAM POPE. Richmond, September
Mv Dear
24, 1816.
Friend:
Although over
my
head
in
business,
cannot receive, in silence,
I
your affectionate letter of the 12th. in appearance, though not ungrateful,
—
I
have been hitherto very
in feeling
and
in fact,
those eff'usions of friendship with which you have honored mail but I have relied on your indulgence and forgiveness, -,
ing as
how my head is my engagements
you do
and variety of
know-
;
and
my
I
have
relied, too,
on your
sentiments towards you, to
prevent any unfriendly conclusions from apparent neglect. you know that my affections can never neglect you ; you
you are " the
so why am extremely
core I
Israelite
should
•,
those pages of
my
toils
my
I
have ever encountered
For
know
in this pilgrimage,
without guile," and the tenant of
we
for
kept spinning by the multiplicity
knowledge of the true state of
that of all the mortals
—
me by
say more upon this subject
my
heart's
?
by the pleasure you express, in reading I am dashing on and hope to close manuscript.
gratified
before the 10th of next month.
Many
a
weary league
wish my readers may be have I travelled with old Patrick. for, in truth, " I don't think it clever, willing to travel alter me " much ; and if they are only half as much fatigued in reading as I " Othello's occuhave been in writing it, adieu to Lochaber As for you and Bullock and Clarke, (for Clarke pation's gone " I
;
!
—
!
has been here, too, with swimming eyes,) you are all so partial to the subject and the writer, that there is no forming any conclusions as to the probable opinion of the world, from this cold
different
world of ours," as the song goes, reception,
— captious
criticism
I
your
feelings.
"
In
must expect a very
and a predisposition
to
LETTERS TO POPE AND MORRIS.
CHAP. XXII.]
find
know and it
But the die will soon be
fault.
our
let
him do
must fend wish
I
be offended,
will
— and
after
Business
duties, that
— but
I
must decline
and then pleasure,
first,
I
be hard put
shall
to
so it
my
is
to bring
and
all is
well,
Think of rallies,
I
hope
Dabney Carr
we
shall
up the lee-way. I
If
I
wish
live
What
But
upon you
shall call
we
this
professional
may
I
till
be able to make out a
Winchester.
in
— they
And
maxim.
keep your promise when the time comes.
then find you " a fairy promiser of joy."
:
visiting for this
all
much on my
Norfolk and Washington,
as to our trips to
friend
can give
if 1
" the hardest
tiiat,
could accompany you to see the two generals
same biography has encroached
to
shall
duty,
off." I
are both favorites with me, fall.
do
shall
I
we my
and
finally cast,
to J. T.,
Patrick shall have justice,
his worst.
who
to him, let
As
with certainty.
fate
415
next
visit to
not fall,
our
say you to that
.-'
the grandeur of the mountains, and the fertility of the
and the transparency of the limestone water, and of the
pleasure our friends there will have in seeing us.
Dabney and Frank Gilmer, Henry Tucker's long chin, and Hugh Holmes' wide mouth, not forgetting those thick lips of his, employed in singing the celebrated old English ballad of " The pigs," &c.
We
are
all
well, except our infant,
but thank Heaven, unite with
me
I
who
nearly restored.
in affectionate
and yourself; and till
now
is
am, as
I
has been very sick
My
wife and children compliments to Mrs. P., Lucy Ann ever have been, " your loving friend
death us do part."
Wm. Wirt.
WILLIAM WIRT TO RICHARD MORRIS, ESQ. Richmond, January
19, 1817.
" You are heartily welcome, brother Sliandy, though it were twice as much " but are you not a shabby fellow, to return the :
—
manuscript, without aiding
thought you considered
by the 1
will
strictures of
my
me
me with
a
single
criticism
so paltry a fellow as to be
friends,
I
.-*
If
I
wounded
should renounce you extempore.
not permit myself to suspect this, because
it
would pain
—
;
OWN VIEW
WIRT'S
416
OF HIS BOOK.
[1S15— 1816.
if one who knows me so well should think so modesty and understanding.
me much
my
had you appealed
Sir,
have given have
said, sir, (if I
ginia,
my
to
to you, " hip
it
I
would
" Your book,"
I
would
"may do
well enough in Vir-
but in other states, and more especially in
:
You have
doubt you will be damned.
I
keep your
subject itself has interest enough to
where the
foreign parts,
friendship in a like case,
and thigh."
had thought so)
chin above the water
style of narrative
—
both of
ill
your manner
your sentences ricketty and
is
not
the
not familiar and easy enough
stiff-jointed
frequent efforts to give importance to
;
—besides, there You
trifles.
are too
pardon
will
me, but your book abounds with many striking specimens of the sublime;
false
spirit;
— they
— your are
are
incidents
not detailed with
encumbered with a
frequently
sufficient
of
quantity
trite historical lumber, which causes the narrative to drag, and lose sight of Henry in wading through the reader to yawn.
We
The
your marshes.
speeches that you give as
your own pompous descriptions whole,
work
;
I
must confess that
— there are parts of me,
was
I
of his
which
but a poor thing
—
gratified
a whole,
to
advance the fame of the author or of his hero."
it is
the
me,
—but
and neither calculated
as
trust
Upon
painfully disappointed in your
to be sure,
it,
his, contradict
eloquence.
And
then,
would have proceeded to give specifications of these much ado " page 40, paragraph the 2d For instance about nothing it sounds to me very much like nonsense." " Page 60 paragraph the 1st: this is intended for pathos the Dutch I
sir,
charges.
:
—
—
you,
it
will rob
is
" Finally,
&c. &c.
fcathos,"
as a friend,
not to publish
you even of the
—
—
—
—
—
pronounce the word to
:
sir,
book
the
;
my
should have treated you
sir, I
— and
I
pected you to cry " thank'e .?" at every slash of
Now,
Morris, whether you will believe
thetic strictures
which
very remarks to which tell
me
friends
so,
till
who
I
are
I I
read them
I
iiave not
in
1
for
in
is liable.
some review.
more remarkable
than acuteness of intellect,
and
my book
is
surgical knife.
or not, the hypo-
sober sadness, the
Yet no one
From
warm and
This
should have ex-
my
me
have just made, are, fear
me,
standing you have, and cheapen
little
both Mr. Henry and yourself in the public estimation." the way,
advice
believe
those of
will
my
affectionate hearts
look naturally for eulogium only
been disappointed
—
their partiality for
me
blinding
CHAP. XXri.]
them
to the faults
acuteness, for
COMPLAINT OF
HIS
my
of the work.
Even from
should not be surprised
I
feelings, should dispose
HIS FRIENDS.
if
them
417
friends of greater
a false and unkind delicacy to conceal their objections.
But you are one of those men from whose sturdier and nobler caste both of friendship and character, I expected to hear the naked truth, with all the frankness, and even bluntness, of Kent in Shakspeare's Lear.
Instead of which, you
a short letter, which, to be sure,
which
deals in generals,
whatever.
Sir,
is
come out upon me with most kind and obliging, but
and gives
you are not
me no specific instruction me thus. I have you up
to escape
before the court, a witness upon oath, and
cross-examination
might as well
Hill
let it
I
come
you
will discover
fears on this subject.
oath you have taken
will torture
a
you
specification of
Answer me
— " and
:
you by
— so you
Cast your eyes, then, upon the
at once.
aforesaid hypothetic strictures, wherein, if to analyze,
I
get the whole truth out of you
will take the trouble
my own
doubts and
to these, head hy head, on the
then proceed with a statement of
you know respecting the points in issue." shall say you are no better than you should
If
you do not
all
this, I
be.
*
Will you tender to Mrs. Morris
and request her,
in
my
behalf, to
my
affectionate
compliments—
make you answer
this letter as early as your convenience will permit, promising her, in return, that though / have suffered a temporary relapse to the heresy of
snuff-taking,
I
will not give
you a pinch without her consent.
God
bless you,
Wm. Wirt.
END OF VOL.
I.