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William Wirt (Attorney General)
Encyclopedia
William Wirt was an American
author and statesman who is credited with turning the position of United States Attorney General
into one of influence.
, to a Swiss
father and a German
mother. Both parents having died before he was eight years old, Jasper Wirt, his uncle, became his guardian. Between his seventh and his eleventh year the boy was sent to several classical
schools, and finally to one kept by the Rev. James Hunt, in Montgomery County
, where he received, during four years, the chief part of his education. For two years he boarded with Hunt, in whose library he spent much of his time, reading with a keen and indiscriminate appetite. In his fifteenth year the school was disbanded, and his patrimony nearly exhausted.
Among his fellow pupils had been Ninian Edwards
(afterward governor of Illinois), whose father, Benjamin Edwards
(afterward member of congress from Maryland), discovering, as he thought, in young Wirt signs of more than ordinary natural ability, invited him to reside in his family as tutor to Ninian and two nephews, and offered him also the use of his library for the prosecution of his own studies, which invitation was accepted. Under Edwards's roof Wirt stayed twenty months, spending his time in teaching, in classical and historical studies, in writing, and in preparation for the bar, which he had chosen as his future profession.
In 1795, he married Mildred, daughter of Dr. George Gilmer, and removed to Pen Park, the seat of that gentleman, near Charlottesville
. This change introduced him to the acquaintance of many persons of eminence, including Thomas Jefferson
and James Monroe
. The boundless hospitality of the country gentlemen and the convivial habits of the members of the bar at that time had for a season a fascination for Wirt, who was regarded by his legal brethren rather as a bon vivant and gay, fascinating companion, than as an ambitious lawyer. Wirt quickly forsook this path.
In 1799 his wife died, and he moved to Richmond
, where he became clerk of the Virginia House of Delegates
, then chancellor of the Eastern District of Virginia, which office he resigned after performing its duties for six months. In 1802, he married Elizabeth Washington, the daughter of Col. Robert Gamble of Richmond. In the winter of 1803/04 Wirt moved to Norfolk
, but in 1806, wishing for a wider field of practice, returned to Richmond.
In 1807, President
Thomas Jefferson
asked him to be the prosecutor in Aaron Burr
's treason trial. His principal speech, occupying four hours, and which was characterized by eloquent appeal, polished wit, and logical reasoning, greatly extended his fame. The passage in which he depicted in glowing colors the home of Harman Blennerhassett
, and “the wife of his bosom, whom he lately permitted not the winds of summer 'to visit too roughly,'” as “shivering at midnight on the wintry banks of the Ohio, and mingling her tears with the torrents that froze as they fell,” was for many years a favorite piece for academic declamation.
In 1808, Wirt was elected to the Virginia House of Delegates
, the only time he consented to serve the state as a legislator. In 1816 he was appointed a district attorney, and in 1817 President James Monroe
named him the ninth Attorney General of the United States, a position he held for 12 years, through the administration of John Quincy Adams
, until 1829. William Wirt has the record for the longest tenure in history of any U.S. attorney general
. After his retirement he resided in Baltimore.
In June 1830, a delegation of Cherokee
led by Chief John Ross
selected Wirt on the urging of Senators Webster
and Frelinghuysen
to defend Cherokee rights before the U.S. Supreme Court. Wirt argued, in Cherokee Nation v. Georgia
, that the Cherokee Nation was "a foreign nation in the sense of our constitution and law" and was thus not subject to Georgia's jurisdiction. Wirt asked the Supreme Court to annul and void all Georgia laws extended over Cherokee territory on the grounds that they violated the U.S. Constitution, United States-Cherokee treaties, and United States intercourse laws.
Although the Court determined that it did not have original jurisdiction in this case, the Court held open the possibility that it yet might rule in favor of the Cherokee. Wirt therefore waited for a test case to again resolve the constitutionality of the laws of Georgia. The opportunity came on March 1, 1831, when Georgia passed a law aimed at evicting missionaries, who were perceived as encouraging the Cherokee resistance to removal, from Cherokee lands. The American Board of Commissioners for Foreign Missions
, an interdenominational missionary organization hired Wirt to challenge the new law. The decision in Worcester v. Georgia
, handed down by Chief Justice
John Marshall
on March 3, 1832, held that the Cherokee Nation was "a distinct community, occupying its own territory, with boundaries accurately described, in which the laws of Georgia can have no force, and which the citizens of Georgia have no right to enter but with the assent of the Cherokees themselves or in conformity with treaties and with the acts of Congress."
, who counted among their members former presidents Andrew Jackson
and John Quincy Adams
and many prominent men of the day, including well-known representatives of the military, government service, medical and other professions.
as the candidate of the Anti-Masonic party. This was perhaps ironic because he was, in fact, a former Freemason and, according to some sources, even gave a speech at the Anti-Masonic convention defending the organization although others said that he regretted having been a member. This event was the first national nominating convention ever held by a U.S. political party. He won Vermont
, and thus was the first candidate of an organized third party to carry a state. Wirt practiced law until his death in 1834.
which contained the supposed text of some of Henry's speeches, many of which had never been published. Some historians have since speculated that some of Henry's phrases that have since become famous, such as "Give me Liberty, or give me Death!
," were fabricated by Wirt for this book and even contemporary Thomas Jefferson shelved his copy of the biography under fiction. He had the distinction of being regarded for many years as the chief man of letters in the South.
and had stolen Wirt's skull. After the skull was recovered from the house of a historical memorabilia collector, it spent time in D.C. Council member Jim Graham's office while he tried to get it returned to its rightful crypt. Finally in 2005 investigators from the Smithsonian Institution
were able to determine the skull, which had gold block letters saying "Hon. Wm. Wirt" painted on it, was indeed his and had it returned.
(formerly Virginia), is named in his honor.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
author and statesman who is credited with turning the position of United States Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
into one of influence.
History
He was born in Bladensburg, MarylandBladensburg, Maryland
Bladensburg is a town in Prince George's County, Maryland, United States. The population was 7,661 at the 2000 census.Bladensburg is from central Washington, DC...
, to a Swiss
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
father and a German
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
mother. Both parents having died before he was eight years old, Jasper Wirt, his uncle, became his guardian. Between his seventh and his eleventh year the boy was sent to several classical
Classics
Classics is the branch of the Humanities comprising the languages, literature, philosophy, history, art, archaeology and other culture of the ancient Mediterranean world ; especially Ancient Greece and Ancient Rome during Classical Antiquity Classics (sometimes encompassing Classical Studies or...
schools, and finally to one kept by the Rev. James Hunt, in Montgomery County
Montgomery County, Maryland
Montgomery County is a county in the U.S. state of Maryland, situated just to the north of Washington, D.C., and southwest of the city of Baltimore. It is one of the most affluent counties in the United States, and has the highest percentage of residents over 25 years of age who hold post-graduate...
, where he received, during four years, the chief part of his education. For two years he boarded with Hunt, in whose library he spent much of his time, reading with a keen and indiscriminate appetite. In his fifteenth year the school was disbanded, and his patrimony nearly exhausted.
Among his fellow pupils had been Ninian Edwards
Ninian Edwards
Ninian Edwards was a founding political figure of the state of Illinois. He served as the first and only governor of the Illinois Territory from 1809 to 1818, as one of the first two United States Senators from Illinois from 1818 to 1824, and as the third Governor of Illinois from 1826 to 1830...
(afterward governor of Illinois), whose father, Benjamin Edwards
Benjamin Edwards (Maryland)
Benjamin Edwards was an American merchant and political leader from Montgomery County, Maryland. He represented the third district of Maryland for a very short time in the United States House of Representatives in 1795 after Uriah Forrest resigned.Benjamin's son, Ninian Edwards, would later serve...
(afterward member of congress from Maryland), discovering, as he thought, in young Wirt signs of more than ordinary natural ability, invited him to reside in his family as tutor to Ninian and two nephews, and offered him also the use of his library for the prosecution of his own studies, which invitation was accepted. Under Edwards's roof Wirt stayed twenty months, spending his time in teaching, in classical and historical studies, in writing, and in preparation for the bar, which he had chosen as his future profession.
Career
Wirt was admitted to the Virginia bar in 1792. With the advantages of a vigorous constitution and a good person and carriage, but with the drawbacks of a meagre legal equipment, a constitutional shyness and timidity, and an over-rapid, brusque, and indistinct utterance, he began practice at Culpeper Courthouse, Virginia.In 1795, he married Mildred, daughter of Dr. George Gilmer, and removed to Pen Park, the seat of that gentleman, near Charlottesville
Charlottesville, Virginia
Charlottesville is an independent city geographically surrounded by but separate from Albemarle County in the Commonwealth of Virginia, United States, and named after Charlotte of Mecklenburg-Strelitz, the queen consort of King George III of the United Kingdom.The official population estimate for...
. This change introduced him to the acquaintance of many persons of eminence, including Thomas Jefferson
Thomas Jefferson
Thomas Jefferson was the principal author of the United States Declaration of Independence and the Statute of Virginia for Religious Freedom , the third President of the United States and founder of the University of Virginia...
and James Monroe
James Monroe
James Monroe was the fifth President of the United States . Monroe was the last president who was a Founding Father of the United States, and the last president from the Virginia dynasty and the Republican Generation...
. The boundless hospitality of the country gentlemen and the convivial habits of the members of the bar at that time had for a season a fascination for Wirt, who was regarded by his legal brethren rather as a bon vivant and gay, fascinating companion, than as an ambitious lawyer. Wirt quickly forsook this path.
In 1799 his wife died, and he moved to Richmond
Richmond, Virginia
Richmond is the capital of the Commonwealth of Virginia, in the United States. It is an independent city and not part of any county. Richmond is the center of the Richmond Metropolitan Statistical Area and the Greater Richmond area...
, where he became clerk of the Virginia House of Delegates
Virginia House of Delegates
The Virginia House of Delegates is the lower house of the Virginia General Assembly. It has 100 members elected for terms of two years; unlike most states, these elections take place during odd-numbered years. The House is presided over by the Speaker of the House, who is elected from among the...
, then chancellor of the Eastern District of Virginia, which office he resigned after performing its duties for six months. In 1802, he married Elizabeth Washington, the daughter of Col. Robert Gamble of Richmond. In the winter of 1803/04 Wirt moved to Norfolk
Norfolk, Virginia
Norfolk is an independent city in the Commonwealth of Virginia in the United States. With a population of 242,803 as of the 2010 Census, it is Virginia's second-largest city behind neighboring Virginia Beach....
, but in 1806, wishing for a wider field of practice, returned to Richmond.
In 1807, President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Thomas Jefferson
Thomas Jefferson
Thomas Jefferson was the principal author of the United States Declaration of Independence and the Statute of Virginia for Religious Freedom , the third President of the United States and founder of the University of Virginia...
asked him to be the prosecutor in Aaron Burr
Aaron Burr
Aaron Burr, Jr. was an important political figure in the early history of the United States of America. After serving as a Continental Army officer in the Revolutionary War, Burr became a successful lawyer and politician...
's treason trial. His principal speech, occupying four hours, and which was characterized by eloquent appeal, polished wit, and logical reasoning, greatly extended his fame. The passage in which he depicted in glowing colors the home of Harman Blennerhassett
Harman Blennerhassett
Harman Blennerhassett was an Irish-American lawyer, born in Castle Conway in County Kerry, Ireland to Conway Blennerhassett and Elizabeth Lacy. He was educated at Trinity College, Dublin, and in 1790 was called to the Irish bar...
, and “the wife of his bosom, whom he lately permitted not the winds of summer 'to visit too roughly,'” as “shivering at midnight on the wintry banks of the Ohio, and mingling her tears with the torrents that froze as they fell,” was for many years a favorite piece for academic declamation.
In 1808, Wirt was elected to the Virginia House of Delegates
Virginia House of Delegates
The Virginia House of Delegates is the lower house of the Virginia General Assembly. It has 100 members elected for terms of two years; unlike most states, these elections take place during odd-numbered years. The House is presided over by the Speaker of the House, who is elected from among the...
, the only time he consented to serve the state as a legislator. In 1816 he was appointed a district attorney, and in 1817 President James Monroe
James Monroe
James Monroe was the fifth President of the United States . Monroe was the last president who was a Founding Father of the United States, and the last president from the Virginia dynasty and the Republican Generation...
named him the ninth Attorney General of the United States, a position he held for 12 years, through the administration of John Quincy Adams
John Quincy Adams
John Quincy Adams was the sixth President of the United States . He served as an American diplomat, Senator, and Congressional representative. He was a member of the Federalist, Democratic-Republican, National Republican, and later Anti-Masonic and Whig parties. Adams was the son of former...
, until 1829. William Wirt has the record for the longest tenure in history of any U.S. attorney general
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
. After his retirement he resided in Baltimore.
In June 1830, a delegation of Cherokee
Cherokee
The Cherokee are a Native American people historically settled in the Southeastern United States . Linguistically, they are part of the Iroquoian language family...
led by Chief John Ross
John Ross (Cherokee chief)
John Ross , also known as Guwisguwi , was Principal Chief of the Cherokee Native American Nation from 1828–1866...
selected Wirt on the urging of Senators Webster
Daniel Webster
Daniel Webster was a leading American statesman and senator from Massachusetts during the period leading up to the Civil War. He first rose to regional prominence through his defense of New England shipping interests...
and Frelinghuysen
Theodore Frelinghuysen
Theodore Frelinghuysen was an American politician, serving as New Jersey Attorney General, United States Senator, and Mayor of Newark, New Jersey before running as a candidate for Vice President with Henry Clay on the Whig ticket in the election of 1844...
to defend Cherokee rights before the U.S. Supreme Court. Wirt argued, in Cherokee Nation v. Georgia
Cherokee Nation v. Georgia
Cherokee Nation v. Georgia, , was a United States Supreme Court case. The Cherokee Nation sought a federal injunction against laws passed by the state of Georgia depriving them of rights within its boundaries, but the Supreme Court did not hear the case on its merits...
, that the Cherokee Nation was "a foreign nation in the sense of our constitution and law" and was thus not subject to Georgia's jurisdiction. Wirt asked the Supreme Court to annul and void all Georgia laws extended over Cherokee territory on the grounds that they violated the U.S. Constitution, United States-Cherokee treaties, and United States intercourse laws.
Although the Court determined that it did not have original jurisdiction in this case, the Court held open the possibility that it yet might rule in favor of the Cherokee. Wirt therefore waited for a test case to again resolve the constitutionality of the laws of Georgia. The opportunity came on March 1, 1831, when Georgia passed a law aimed at evicting missionaries, who were perceived as encouraging the Cherokee resistance to removal, from Cherokee lands. The American Board of Commissioners for Foreign Missions
American Board of Commissioners for Foreign Missions
The American Board of Commissioners for Foreign Missions was the first American Christian foreign mission agency. It was proposed in 1810 by recent graduates of Williams College and officially chartered in 1812. In 1961 it merged with other societies to form the United Church Board for World...
, an interdenominational missionary organization hired Wirt to challenge the new law. The decision in Worcester v. Georgia
Worcester v. Georgia
Worcester v. Georgia, 31 U.S. 515 , was a case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Indians from being present on Indian lands without a license from the state was unconstitutional.The...
, handed down by Chief Justice
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
John Marshall
John Marshall
John Marshall was the Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches...
on March 3, 1832, held that the Cherokee Nation was "a distinct community, occupying its own territory, with boundaries accurately described, in which the laws of Georgia can have no force, and which the citizens of Georgia have no right to enter but with the assent of the Cherokees themselves or in conformity with treaties and with the acts of Congress."
Societies
During the 1820s, Wirt was a member of the prestigious society, Columbian Institute for the Promotion of Arts and SciencesColumbian Institute for the Promotion of Arts and Sciences
The Columbian Institute for the Promotion of Arts and Sciences was a literary and science institution in Washington, D.C., founded by Dr. Edward Cutbush , a naval surgeon...
, who counted among their members former presidents Andrew Jackson
Andrew Jackson
Andrew Jackson was the seventh President of the United States . Based in frontier Tennessee, Jackson was a politician and army general who defeated the Creek Indians at the Battle of Horseshoe Bend , and the British at the Battle of New Orleans...
and John Quincy Adams
John Quincy Adams
John Quincy Adams was the sixth President of the United States . He served as an American diplomat, Senator, and Congressional representative. He was a member of the Federalist, Democratic-Republican, National Republican, and later Anti-Masonic and Whig parties. Adams was the son of former...
and many prominent men of the day, including well-known representatives of the military, government service, medical and other professions.
Later in life
After leaving Washington, D.C., he returned to Baltimore, Maryland, was an unsuccessful candidate for President in 1832United States presidential election, 1832
The United States presidential election of 1832 saw incumbent President Andrew Jackson, candidate of the Democratic Party, easily win re-election against Henry Clay of Kentucky. Jackson won 219 of the 286 electoral votes cast, defeating Clay, the candidate of the National Republican Party, and...
as the candidate of the Anti-Masonic party. This was perhaps ironic because he was, in fact, a former Freemason and, according to some sources, even gave a speech at the Anti-Masonic convention defending the organization although others said that he regretted having been a member. This event was the first national nominating convention ever held by a U.S. political party. He won Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
, and thus was the first candidate of an organized third party to carry a state. Wirt practiced law until his death in 1834.
Published works
In 1816, Wirt wrote Life and Character of Patrick Henry, a biography of Patrick HenryPatrick Henry
Patrick Henry was an orator and politician who led the movement for independence in Virginia in the 1770s. A Founding Father, he served as the first and sixth post-colonial Governor of Virginia from 1776 to 1779 and subsequently, from 1784 to 1786...
which contained the supposed text of some of Henry's speeches, many of which had never been published. Some historians have since speculated that some of Henry's phrases that have since become famous, such as "Give me Liberty, or give me Death!
Give me Liberty, or give me Death!
"Give me Liberty, or Give me Death!" is a quotation attributed to Patrick Henry from a speech he made to the Virginia Convention. It was given on March 23, 1775, at St. John's Church in Richmond, Virginia, and is credited with having swung the balance in convincing the Virginia House of Burgesses...
," were fabricated by Wirt for this book and even contemporary Thomas Jefferson shelved his copy of the biography under fiction. He had the distinction of being regarded for many years as the chief man of letters in the South.
Grave robbery
In the early 2000s, after a series of mysterious phone calls to the cemetery, it was discovered that in the 1970s someone had broken into the Wirt Tomb at Washington, D.C.'s Congressional CemeteryCongressional Cemetery
The Congressional Cemetery is a historic cemetery located at 1801 E Street, SE, in Washington, D.C., on the west bank of the Anacostia River. It is the final resting place of thousands of individuals who helped form the nation and the city of Washington in the early 19th century. Many members of...
and had stolen Wirt's skull. After the skull was recovered from the house of a historical memorabilia collector, it spent time in D.C. Council member Jim Graham's office while he tried to get it returned to its rightful crypt. Finally in 2005 investigators from the Smithsonian Institution
Smithsonian Institution
The Smithsonian Institution is an educational and research institute and associated museum complex, administered and funded by the government of the United States and by funds from its endowment, contributions, and profits from its retail operations, concessions, licensing activities, and magazines...
were able to determine the skull, which had gold block letters saying "Hon. Wm. Wirt" painted on it, was indeed his and had it returned.
Legacy
Wirt County, West VirginiaWirt County, West Virginia
As of the census of 2000, there were 5,873 people, 2,284 households, and 1,699 families residing in the county. The population density was 25 people per square mile . There were 3,266 housing units at an average density of 14 per square mile...
(formerly Virginia), is named in his honor.
Important Cases Argued
- Gibbons v. OgdenGibbons v. OgdenGibbons v. Ogden, 22 U.S. 1 , was a landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce was granted to Congress by the Commerce Clause of the United States Constitution. The case was argued by some of America's most admired and...
- McCulloch v. MarylandMcCulloch v. MarylandMcCulloch v. Maryland, , was a landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland...
- Cherokee Nation v. GeorgiaCherokee Nation v. GeorgiaCherokee Nation v. Georgia, , was a United States Supreme Court case. The Cherokee Nation sought a federal injunction against laws passed by the state of Georgia depriving them of rights within its boundaries, but the Supreme Court did not hear the case on its merits...
- Worcester v. GeorgiaWorcester v. GeorgiaWorcester v. Georgia, 31 U.S. 515 , was a case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Indians from being present on Indian lands without a license from the state was unconstitutional.The...
Further reading
- Jabour, Anya. Marriage in the Early Republic: Elizabeth and William Wirt and the Companionate Ideal. Baltimore: Johns Hopkins University Press, 1998.