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Updated: April 30, 2025
Of biographies of contemporaries and coworkers of Marshall, the most valuable are John P. Kennedy's "Memoirs of the Life of William Wirt," 2 vols. Everett P. Wheeler's "Daniel Webster the Expounder of the Constitution" is instructive, but claims far too much for Webster's influence upon Marshall's views.
Among the men of the first eminence at the bar whom the meagerness of the salary has kept off the bench may be mentioned Jeremiah Mason, who declined the position of Chief Justice of New Hampshire on this account, and William Wirt. Wirt in 1802 was made one of the Chancellors of Virginia at the age of twenty-nine. The salary and fees amounted to about five hundred pounds a year.
They may, however, have been still different. I must, therefore, have been mistaken in supposing, and stating to Mr. Wirt, that the proposition of a committee for national correspondence was nearly simultaneous in Virginia and Massachusetts. A similar misapprehension of another passage in Mr.
Smee, very celebrated since as a portrait-painter and R.A., but who once was glad enough to give drawing lessons to ladies of fashion. Mr. Smee has forgotten where Russell Square is now, but he was glad enough to visit it in the year 1818, when Miss Osborne had instruction from him. Miss Wirt was the confidante of this intrigue.
William Wirt has left us the following description of his personal appearance: "He is tall, meager, emaciated; his muscles relaxed, and his joints so loosely connected as not only to disqualify him apparently for any vigorous exertion of body, but to destroy every thing like harmony in his air or movements.
Finally, in 1817, William Wirt, whose "Life of Henry" was likewise composed under nearly the same inestimable advantages as regards instruction and oversight furnished by Jefferson, repeated the fearful tale, and added some particulars; but, in doing so, Wirt could not fail good lawyer and just man, as he was to direct attention to the absence of all evidence of any collusion on the part of Patrick Henry with the projected folly and crime.
Tazewell say that when Wirt would call at her house, on his way to court, he would beg her for a bundle of newspapers to stuff in his green bag, to make a show of business as he passed into the court-house.
Some idea of the importance attached to the case may be inferred from the assertion of Wirt, that "the whole power of the bar of Virginia was embarked" in it; and that the "learning, argument, and eloquence" exhibited in the discussion were such "as to have placed that bar, in the estimation of the federal judges, ... above all others in the United States."
Lear in 1832 and that of William Wirt, the Attorney-General of the United States, soon thereafter, caused a delay in having the case decided. The author does not know exactly what use was finally made of this fund. The schemes failed, however, on account of the unyielding opposition of the free Negroes and abolitionists.
As early as November 12, 1824, the Regents feared trouble and obtained from William Wirt, John Purviance and Daniel Webster, a legal opinion that their position was inexpugnable. With this conclusion the Legislature did not agree, and on March 6, 1862, an act was passed abolishing the Regents and appointing a Board of twenty-one Trustees in their place.
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