crime; but in mature and reflecting manhood, which should disdain the frivolity of peevish anger, and the vulgar affectation of refinement in false honour, and especially when this concurs with high rank and responsible station, — themselves implying a pledge to the world to give examples of conduct for study and imitation, it cannot but be regarded as the tyranny of a most wicked custom which can force such men to this worst of all arbitrements. At the time to which this event refers, this tyranny of custom swayed the society of Maryland with a dominion too absolute for the resistance even of such men as those. Public opinion, we are happy to believe, has, since that day, visibly taken its ply in the opposite direction; and we may hope that the true moral of social duty is fast attaining that influence which shall confer dignity and applause upon the virtue that fears no shame so much as it fears the crime of breaking the law of God and man. I conclude this chapter with a letter which expresses a sentiment in entire harmony with the general conduct of the writer, and charac teristic of his aversion from all ostentatious exhibition of himself to the public. Its remarks upon the difficulty of writing biography in the true spirit of justice to the subject, will meet a ready assent from the reader.

TO JOSEPH DELAPLAINE, PHILADELPHIA.

DEAR SIR:

WASHINGTON, November 5, 1818.

I have just received your letter of the 2d instant, and am very sen sible of the compliment you pay me in supposing my portrait worthy of a place on the walls of your National Gallery. But even if I could bring myself to believe that I had any claim to such a distinction, I could not accede to your proposal, in its present form; for there would still be, in my view of the subject, a morbid vanity and ostentation in paying for a place among your portraits, at which both my judg ment and feelings revolt. To solicit an honour, is and has ever been contrary to my notions of delicacy; but to pay for one, would be far more intolerable to me than total and never-ending obscurity. It would indicate a sickly and over-weening anxiety for the public gaze, which I never felt, and to the imputation of which I cannot consent to subject myself. I hope, therefore, you will excuse me for declining your proposal.

I thank you for your compliment to my Patrick Henry, and am glad to learn that we are to have the third half volume of the Reposi

tory in a few days. Will you give me leave to make one confidential suggestion on the subject of this work? I doubt extremely the propriety of publishing biographies of living characters: for, inasmuch as no man has ever been faultless throughout his life, such a biography must either inflict unauthorized pain, or offend against historical veracity by suppressing the truth. I was applied to, some time since, to furnish a biographical sketch of the present Chief Justice of the United States, for another work. I had not time for the work; but if I had had ever so much, I would not have undertaken it, because I once heard him utter a sentiment on this subject, which I am sure is that of every man who has just pretensions to modesty and delicacy"I hope to God they will let me alone till I am dead." Your biographies are censured as being too flattering representations. The characters, it is said, are such characters as never did and never will live-for, they are all angelic purity. And it will be exceedingly difficult to avoid this imputation as long as you deal in living subjects. You may show the bright side of the character, truly: but you cannot show the sombre strokes that shade it, without giving more pain than a kind spirit is disposed to inflict. And if you hold up a perfect model to your readers, you will lose that confidence in your representations, without which an historian cannot live. You see what has been said of my Sketches of Henry. Some of the reviewers treat it as a romance and yet I have introduced into it every charge, both against his public and private character, I have ever heard. Still it is censured, as attributing to him a perfection of character which is utterly incompatible with human frailty—and whether this impression, although erroneous in point of fact, may not ultimately put an end to the circulation of the work, it is impossible to predict.

But are not your biographies in still greater danger? Are not your heroes still more faultless than mine? I make this suggestion through good will to your work, for I wish it to succeed. If it had no other merit than that of preserving correct likenesses of distinguished men, it would still be highly worthy of the public patronage; and if, in addition to this, it may, in times to come, be appealed to, as an authentic collection of biographical facts and characters, you will be justly entitled, I think, to a place among the first literary benefactors of our country.

I am, dear sir, &c.,

WM. WIRT.

CHAPTER V.

1819.

PRACTICE IN THE SUPREME COURT. THE CASE OF M'CULLOCH AND THE STATE OF MARYLAND. -THE DARTMOUTH COLLEGE CASE. INCREASE OF REPUTATION. LETTERS TO CARR, POPE,

AND MRS. SMITH.

DURING the first term of the Supreme Court, after Mr. Wirt's appointment to the post of Attorney-General, the term which commenced in February, 1818,- he argued but few cases, and those of a character which were not calculated to attract public attention. The succeeding term of the Court was one of great interest to the country, from the importance of the causes which were brought before it; and of not less concern to the reputation of the Attorney-General, for the part assigned to him in the argument of constitutional questions of the highest significance both in our political and juridical history.

This period may be considered as that of the entrance of Mr. Wirt upon the highest level of his professional march. We have seen him toiling upward, from plane to plane in this career, with a sturdy and buoyant step that never faltered or fell back; making good the ground he had gained, by diligent study and solid accumulation of strength ; — animated by the good opinion of friends, and still more persuaded to his ever-present task, by a cheerful and sanguine ambition which threw a pleasant ray of hope over every labour. He had now arrived at that stage in his journey, when the next step was to plant his foot upon the summit whose dazzling beauties, in a remote perspective, had lured the eye of his youth, and whose sunny radiance now not less warmed the fancy of his vigorous manhood. In such a career of thoughtful and persevering effort, where the student, exacting nothing from fortune, and seeking no conquest but that which is won by dint of intellect, occupies no ground that does not fairly become his own by the title of honourable industry,—it seldom

falls out that the reality is less attractive than the expectation, or that the performance achieved does not answer to the promise which first stimulated endeavour. Unlike the gaudy shows of a false ambition, whose glitter is discerned to be but tinsel when the aspirant approaches his goal, the fame that is earned by the diligent and honest use of the godlike faculties of mind, sparkles with richer lustre as its object comes nearer to view, and sheds a divine content into the heart, which no dreamings, when afar off, can over-colour or exaggerate.

The term of 1819 is distinguished, in the annals of the Supreme Court, by the occurrence of two cases of more than ordinary weight, as connected with the political affairs of the nation: the decisions in these cases have become precedents in the establishment as far as the highest judicial tribunal can establish any thing—of some of the most momentous principles of our government. I allude to the case of McCulloch against the State of Maryland, and that of the Dartmouth College against Woodward.

In the first of these, the great question of the constitutionality of a Bank of the United States, was, for the first time, submitted to the decision of the Supreme Judiciary of the Union. In the second, a question of scarcely inferior moment,—the inviolability of charters and their protection by the power of the Federal Government,—was, in like manner, the subject of discussion and decision.

The Attorney-General was retained in both in the first, by the government, in support of the Bank;-in the second, by the defendant, against the College.

I do not intend even to give an outline of these trials. Nor, indeed, is it my purpose, in this narrative, to encumber its pages with the particulars which belong to Mr. Wirt's professional career, either in his official or private engagements. Such a labour would be found only to fatigue the reader who takes no interest in the proceedings of courts of law, whilst it would necessarily afford but little gratification to those whose habitual perusal of the volumes of our reporters have rendered them familiar with the cases argued by the Attorney-General.

In what I may select, therefore, for casual notice, I shall be guided chiefly by the duty of exhibiting the subject of my memoirs in his connection with trials and decisions which have interest for the public at large, or which may serve to illustrate the more striking features

of his mind. In the performance of this duty, I shall not forget the propriety of making my reference as brief as the occasion may allow. In the case of McCulloch against the State of Maryland, Wirt found himself surrounded by the most eminent and powerful talents of the nation. On the side of the plaintiff, in this cause, Webster and Pinkney were his associates. They were opposed by Martin, Jones and Hopkinson. An array of names more distinguished in the field of American jurisprudence, we may say, without disparagement to the reputation of the most celebrated men of the national bar, has never been presented in any case in the country. The tribunal itself was, at that day, the centre of all observation, for its august power, dignity and public trust,-"a holy sanctuary," -a "more than Amphictyonic council," as Mr. Pinkney described it in his speech on the occasion. The chief question at issue in the cause, was one which had perplexed the gravest minds; had even then been interwoven into the party politics of the country; and though decided by the most authoritative political organs, had not yet passed through the crucible of investigation in this high national

court.

In such a cause as this, at such a time, we may suppose the new Attorney-General would draw upon himself a close and curious observation. They who stood upon the same professional level with him, might be expected to criticise his efforts with the severity of rivals. His especial friends would regard him with, perhaps, an exaggerated favour. The public spectators would be variously influenced by their personal or political affinities or prejudices. A small number of judicious and impartial observers would decide upon his forensic character according to its merits. Amongst them all, there was not one who would be likely to pass a more rigid judgment upon the proceeding, than Wirt himself. With the simplicity and trustfulness of an ingenuous youth not yet emancipated from his college walls, the Attorney-General entered that exciting arena, and, having done his duty there, spoke out, we doubt not, with equal freedom, his exultation at what he thought commendable in his performance, and his confession of whatever he conceived to be his defects, a point upon which we have frequently seen that he exercised no unsparing censure. Keenly alive to applause, as every one acquainted with him knew him to be,

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