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Updated: April 30, 2025
Wirt, before the Supreme Federal Court, said that slavery was contrary to the laws of nature and of nations, and that the law of South Carolina concerning seizing colored seamen, was unconstitutional, the Governor directed several reproofs at him. In 1825, Mr.
Curtis, Life of Webster, i. 584. First printed in the Philadelphia Age, in 1867; and again printed, from the original manuscript, in The Historical Magazine, August, 1867, 90-93. I quote from the latter. Jefferson's memorandum, Hist. Mag. for August, 1867, 90. Wirt, 16, 17. Curtis, Life of Webster, i. 584. McMaster, Hist. of U. S. i. 489.
And from this it results logically, as Marshall saw, though he did not venture to say so explicitly, that the procurer of treason is not a traitor unless he has also participated personally in an overt act of war. As Wirt very justifiably contended, such a result is "monstrous," and, what is more, it has not been possible to adhere to it in practice.
Wirt himself, relying upon the statements of several survivors of Patrick Henry, speaks of his lingering "in the background for three years," and of "the profits of his practice" as being so inadequate for the supply of even "the necessaries of life," that "for the first two or three years" he was living with his family in dependence upon his father-in-law.
Wirt, with a gun slung to his shoulder, a knapsack on his back, and his two great tawny dogs pulling in their leashes impatiently, all evidently ready for a summer in the wilds. Dan felt too weak and sick for conversation until Mr. Wirt's eye fell upon the pale, trembling boy, who, with head bared to the morning breeze, was clinging weakly to an awning post.
Wirt; while Miss Stella, veiled in soft mists of tulle, looked what she had been, to him, what she would ever be to him his guiding star. And Dan who was off on his summer vacation at Killykinick, came down in the "Sary Ann," with Captain Jeb slicked up for the occasion in real "store clothes."
Wirt's book, for which I am also quoted, has produced a similar reclamation on the part of Massachusetts, by some of her most distinguished and estimable citizens. I had been applied to by Mr. Wirt, for such facts respecting Mr. Henry, as my intimacy with him and participation in the transactions of the day, might have placed within my knowledge.
The prosecution was in charge of the United States District Attorney, George Hay serious, humorless, faithful to Jefferson's interests, and absolutely devoid of the personal authority demanded by so grave a cause. He was assisted by William Wirt, already a brilliant lawyer and possessed of a dazzling elocution, but sadly lacking in the majesty of years.
Young Smith, instead of his dinner and his wine, ought to be, where? at the festive tea-table, to be sure, by the side of Miss Higgs, sipping the bohea, or tasting the harmless muffin; while old Mrs. Higgs looks on, pleased at their innocent dalliance, and my friend Miss Wirt, the governess, is performing Thalberg's last sonata in treble X., totally unheeded, at the piano.
Referring to this period of his life, Wirt says: "Of the science of law he knew almost nothing; of the practical part he was so wholly ignorant that he was not only unable to draw a declaration or a plea, but incapable, it is said, of the most common or simple business of his profession, even of the mode of ordering a suit, giving a notice, or making a motion in court."
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