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GEORGE WYTHE*

By L. S. HERRINK, A. B.

The Virginian of a century and a quarter ago was inclined, even more than his descendant of the present day, to pride himself on his family history. Judged by this standard, George Wythe would suffer no disparagement, for at the time of his birth in 1726, the Wythe family was one of the most prominent in Elizabeth City county.l His father, Thomas Wythe, was third in descent from the original Thomas Wythe, who had emigrated from England to Elizabeth City county about the middle of the seventeenth century. Each succeeding generation had been prominent in local affairs.2 George's father was a member of the House of Burgesses and for many years represented his county in that capacity. He owned a plantation on Back River and seems to have been a man of considerable means. Of his private life very little is known, but he was famed for his amiable character, his simplicity and candor of behavior, his parental tenderness, and his prudence in the management of his fortune.3 His mother was one of the five daughters of George Keith, a Scotch Quaker, distinguished as a mathematician and Oriental scholar, who immigrated to Hampton, Virginia, about 1684. Keith held radical views in regard to religion and slavery. He was the author of "Exhortation and Caution Against Buying or Keeping Negroes," seemingly the earliest Quaker protest against slavery, and of a treatise on mathematical subjects.4

*Awarded the Bennett History Medal for 1911.

1Jefferson, Papers, 1., 14., 205.

2William and Mary Quarterly, Historical Papers, II., 69.

3Sanderson, Biography of the Signers, IV., 172-173.

4B. B. Minor, Decisions of Cases in Virginia by The High Court of Chancery, 86.

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Of Wythe's early life very little is known. He spent most of his youth at home, and received nothing like a thorough education.5 While at school he learned only to read and write the English language, and to apply the simple rules of arithmetic.6 The year spent at William and Mary College may have supplied some of the defects of his early training, but there is no record left concerning his career at that institution. 7

Like Washington and many other distinguished men, George was still very young when his father died, leaving his entire estate to his eldest son. Wythe was then withdrawn from school, and for several years the entire direction of his education fell on his mother, a woman of unusual knowledge and strength of mind. She was intimately acquainted with and spoke the Latin language fluently, and it was from her that her young son received instruction in the rudiments of both Latin and Greek.8

After he had acquired a fairly good education in this way, Wythe devoted himself to the study of law under his unclean law, Mr. Drewry, who was a distinguished lawyer of Prince George county. Very little attention was paid to his legal education, and his time was chiefly taken up with the drudgery of a lawyer's office. It is therefore not surprising that he made very little progress, but the experience gained in this office work probably laid the foundations for much of his future success.

After two years spent in this cursory study of the law, Wythe returned home and devoted himself assiduously to his studies.9 The defects of his early education were very largely supplied by his great energy and perseverance. Alone and unaided he soon acquired a well organized and extensive store of knowledge.10 He became well versed in grammar, rhetoric, and logic and acquired a considerable knowledge of civil law. He

5Jefferson, Papers, I., 14, 205.

6American Law Journal, III, 92.

7H. G. Grigsby, Virginia Convention 1776, 119.

8American Law Journal, III.,92.

9B. B. Minor, Decisions of Cases in Virginia by The High Court of Chancery, 86.

10Sanderson, Biography of The Signers, IV., 172.

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was also a profound student of mathematics, natural and moral philosophy.11

When his mother and elder brother died in 1746, Wythe inherited the entire family fortunes. The sudden inheritance of so large a fortune, and the removal of all parental restraint caused a complete change in the course of his life. From this time on through a period covering the ten best years of his life, he was dissipated. He did not, however, entirely abandon his· studies, but in the intervals between his dissipations he found time to cultivate his talents.12 During this period, he moved in the fashionable society of eastern Virginia, which was undoubtedly the best in America. Williamsburg was the capital of the Old Dominion, and the social center of the entire Tidewater section of the State. While the House of Burgesses was in session, it was the great rendezvous for the aristocratic plantation owners, and the leading men from all over the State. Wythe associated freely with these distinguished men, and his later life was no doubt influenced by the ambitions and aspirations that he caught from them.13

Only a meager record has been left concerning this period of Wythe's life, but the facts obtainable indicate that he was not engaged in any regular occupation. For some time he served as clerk to both the Committee of Privileges and Elections, and the Committee of Propositions and Grievances in the House of Burgeues, and in 1754 he was appointed to fill out the unexpired term of Armistead Burwell, created by the latter's death.14 Wythe was thus acquiring that knowledge of parliamentary proceedings, for which he was soon to become celebrated.15

He possessed a strong will power, and after ten years of dissipation he threw aside his old vices, and changed the whole course of his life. Whether love, the forseen exhaustion of his

11Richmond Enquirer, June 10, 1806.

12B. B. Minor, Decisions of Cases in Virginia by The High Court of Chancery, 86.

13lbid.

14Journals of The House of Burgesses, October 28, 1748, February 28, 1752, May 2,1755.

15lbid, August 22,1704.

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resources, his own penitent reflections, the influence of interested friends, or several causes combined brought this change is not definitely known. 16 He turned again to his studies, and by his unceasing toil soon become the best educated man in the State. He was above all known for his broad and comprehensive knowledge of the classics.17

In those days a Virginian could attain popularity and distinction in only two ways: through the law profession, or through politics. In fact, the two were almost synonymous, for as soon as a man became distinguished as a lawyer he usually entered politics. Wythe's ambition along both lines led him to resume his study of the law under Mr. Lewis, an eminent practitioner. After some time spent in Lewis' office he was admitted to the bar of the General Court, then occupied by men of great ability in their profession. That same perseverance and energy that had made Wythe the best scholar in Virginia was now displayed in his study and practice of the law. He made of himself a profound lawyer, and became perfectly versed in the civil and common law, and in the statutes of Great Britain and Virginia. Among such distinguished lawyers as Pendleton, Blair, Bland, and Edmund Randolph, Wythe soon attained an eminent position, and in a few years became the leading man at the bar on account of his superior learning, his correctness and earnestness of elocution, and his clear and logical style of argument. He not only possessed the ability necessary to make a successful lawyer, but his upright character, his high sense of honor, and his fidelity to his clients won for him the universal respect and esteem of his countrymen.18 It has been said that he never supported an unjust cause, and was so particular in this respect, that, where there was any doubt as to the truth of his client's statements, the client must swear to their truth before Wythe would take the case. If deception was practiced upon him in any way, he would abandon the case and return the fee.19

In colonial times every Virginian who aspired to attain any

16B. B. Minor, Decisions of Cases in Virginia by The High Court of Chancery, 86.

17Jefferson, Papers, I., 14., 205.

18Ibid.

19Sanderson, Biography of The Signers, IV, 174.

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distinction among his countrymen looked forward to a seat in the House of Burgesses. In the political world this was the highest position attainable, and Jefferson, Henry, Mason, and other great Virginians of the colonial period served terms in this Assembly. In 1758 Wythe was sent to the House from William and Mary College. He there found himself among such illustrious colleagues as Pendleton, Blair, Bland, Nicholas, Peyton Randolph, and Richard Henry Lee.20

To understand properly the history of this period we must constantly keep in mind the two geographical divisions of Virginia, the inhabitants, manners of living, and ideas of government in each. The political parties of the time were based on the differences in the geography of the various parts of the State, and a line separating the old Tidewater counties from the new counties of the Piedmont and the Valley would also separate the two political factions one from the other. The eastern counties had been settled largely by an admixture of the aristocratic cavaliers and merchant classes. Among these were to be found many younger sons of noble English families. The introduction of negro slavery and the increased demand for tobacco caused the plantation system to spread through the entire Tidewater section. On these immense plantations, the conservative aristocrats dwelt, surrounded by their retinues of servants, spending their time in pleasure, and interesting themselves In the political questions of the day. They prided themselves on being loyal to the recognized authority of the crown and to the established church.21

There was a vast difference between these people and the democratic elements of the Piedmont and the country to the westward. These were largely frontier communities. They were peopled by a poorer and more democratic element of Englishmen, with an admixture of German and Scotch-Irish. Their ancestors, and they themselves, were called upon to subdue the forest and its savage inhabitants. These people were Presbyterians in religion, and were loyal to the conceded authority of the king; but they were more ready to resist any

20Journals of The House of Burgesses, 1758, p. 8.

21Henry, Life, Correspondence, and Speeches of Patrick Henry, I., 73-74.

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encroachments on their rights, and to withstand the exercise of arbitrary powers on the part of the crown than were the Tidewater aristocrats.·

Of the 56 counties on the roll of the House of Burgesses, 36 were located in the old Tidewater section, while the remaining 20 counties comprised the vast western country. Since every· county had an equal representation, the government of the State was controlled by a section comprising only a small fraction of the State's area, and much less than half of its population. Throughout the period that Wythe served in the House, there was a constant struggle existing between the two sections. The conservative majority fought to maintain their control of the reins of government, while in opposition to them, the pioneers from the west were striving to acquire the power they believed to be justly due them.22

In 1764, there occurred a discussion in the House of Burgesses which clearly showed the hostile attitude of the two geographical sections of the State. At this time, many of the plantation owners were deeply involved in debt, among whom was Mr. Robinson, Treasurer of the Commonwealth, and speaker of the House of Burgesses. He therefore devised with his friends a bill establishing a public loan office for the benefit of private debtors. . The bill provided that from this office, funds might be loaned at public account, and on good land security. The real object of the bill was merely to permit Robinson and his friends to saddle off their debts on the State. Patrick Henry, although a resident of the lowlands, led the westerners in a bitter attack on the measure, which was defeated largely through his efforts. In this matter Wythe was lined up with the conservative leaders, but there is nothing to show that he was acquainted with the real object of the bill.23

In both debate and in the committee room, Wythe soon became one of the leading members of the House. He was never distinguished as an orator, but he was well known for his skill and effectiveness in debate. His strength in debate lay in the

22Henry, Life, Correspondence, and Speeches of Patrick Henry, I., 74-75.

23Ibid, I., 76.

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opening arguments of a case, in which for thorough preparation, clearness, and force no one could excel him. His great rival, Pendleton, was more ready in opening and closing a discussion and, through his keenness of apprehension, he was more prompt to meet all the exigencies of an argument.24 Pendleton had only a superficial knowledge of law, and in general education he was far inferior to Wythe. However, his pleasing manner, his ability and eloquence as an orator, and his quickness of perception made him a much more popular speaker than his great contemporary.25 Pendleton never attained any distinction as a committeeman; whereas Wythe was even more prominent in this capacity than in debate during the entire eleven years of his service in the House of Burgesses. For this service, his profound legal knowledge, sound common sense, and impartiality of judgment, specially fitted him. With these qualifications it is not surprising that after only a few years of service, he should be found serving on more committees than any other man with the exception of two or three of the older members.26

During the early sixties one of the gravest questions of the eighteenth century began gradually to loom up before the American colonies. The charters granted to the various colonies had guaranteed to them the enjoyment of the privileges and rights of Englishmen. For many years England respected these charters, and left to the colonists the management of their own affairs. After the French and Indian War England was heavily burdened with debt, and it seemed only just to the ministry that the colonies should bear a proportionate share of the debt incurred during a war undertaken in their behalf. Consequently, England began to tax them, and what was still more obnoxious to enforce the Navigation Laws. George III came to the throne in 1760 with the purpose in view of making himself absolute. The tax on sugar and molasses was renewed, and steps were taken rigorously to enforce the Navigation Act.

On March 9, 1764, Prime Minister Greenville read before the House of Commons resolutions declaring that the Stamp Act

24B. B. Minor, Decisions of Cases in Virginia by The High Court of Chancery, 95.

25Grigsby, Virginia Convention of 1776, 121.

26Journals of The House of Burgesses, 1758-1769.

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