Difference between revisions of "George Wythe"

Revision as of 07:25, 1 May 2014

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George Wythe SANDBOX
Chancellor of the Commonwealth of Virginia
In office
December 24, 1788 – June 8, 1806
Preceded by	Inaugural holder
Succeeded by	Creed Taylor
Judge, High Court of Chancery of Virginia
In office
14 January, 1778 – June 8, 1806
Preceded by	Inaugural holder
Succeeded by
Delegate to the Second Continental Congress from Virginia
In office
August 11, 1775 – June 13, 1776
Preceded by
Succeeded by	Mann Page
Member of the Virginia House of Burgesses
In office
1754 – 1775
Preceded by	Armistead Burwell
Succeeded by
Mayor of the City of Williamsburg, Virginia
In office
1769 – 1700
Preceded by	James Cocke
Succeeded by	John Blair, Jr.
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In office
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Preceded by	{{{6thofficepreceded}}}
Succeeded by	{{{6thofficesucceeded}}}
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In office
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Preceded by	{{{7thofficepreceded}}}
Succeeded by	{{{7thofficesucceeded}}}
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In office
{{{8thofficedates}}}
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Personal details
Born	1726
	Elizabeth City Co., Virginia
Died	June 8, 1806 (aged 80)
	Richmond, Virginia, U.S.
Resting place	St. John's Church Richmond, Virginia
Residence(s)	Chesterville Plantation, Elizabeth City Co., Virginia Prince George Co., Virginia Spotsylvania Co., Virginia Williamsburg, Virginia Richmond, Virginia
Education
Alma mater
Profession	Lawyer Professor of Law and Police (1779–1789) Chancery Court Judge (1778–1806)
Spouse(s)	Ann Lewis (1747-1748) Elizabeth Taliaferro (1755–1789)
Relatives	Thomas Wythe (father) Margaret Walker Wythe (mother) Thomas Wythe (elder brother) Anne Wythe Sweeney (elder sister)
Known for	Signer of the United States Declaration of Independence
Signature

Early life

George Wythe (/dʒɔː(ɹ)dʒ wɪð/;^[1] the second son of Thomas Wythe, III,^[2] and Margaret Walker Wythe, was born in 1726, most likely in the first half of the year.^[3] Wythe's father owned the family plantation, Chesterville, in Elizabeth City County (now Hampton), Virginia, where he was also a local justice, sheriff, and served as a member in the Virginia House of Burgesses. When the senior Wythe died intestate in 1729 all his property passed to his oldest son, Thomas IV, leaving young George dependent upon his own resources.^[4] He grew up at Chesterville and may have attended the Grammar School at the College of William & Mary^[5] before leaving to study law near Petersburg, Virginia with his uncle Stephen Dewey.^[6] In later years, Wythe viewed his legal education with dissatisfaction, stating that Dewey "treated him with neglect, and confined him to the drudgeries of his office, with little, or no, attention to his instruction in the general science of law."^[7]

Legal and political careers

In the spring of 1746, Wythe successfully appeared before examiners to procure his license to practice law. The license was signed by Peyton Randolph, Lawrence Burford, William Nimmo, and Stephen Dewey. Wythe's first job was as a parter to Zachary Lewis of Spotsyvlania County.

John Lewis

Oath of justice Elizabeth City county court, June 2, 1747 Hemphill CB 74

Ann Lewis (married December 26, 1747)

Practiced Augusta, Caroline, Orange, and Spotsylvania Counties

Ann dies August 8, 1748

"later wrote he drowned his sorrows in the inns of Spotsylvania County" http://books.google.com/books?id=Lq1rd1ecFCYC&pg=PA103

October 1748

Main article: House of Burgesses

Clerk of the committee on Privileges and Elections of the House of Burgesses of Viriginia

Clerk of the committee on Propositions and Grievances of the House of Burgesses of Virginia

Qualified to practice York and Warwick (now Newport News) and perhaps other Counties

1748-1752 clerk of

committee on Privileges and Elections of the House of Burgesses of Viriginia

committee on Propositions and Grievances of the House of Burgesses of Virginia

1750, Wythe was first elected as one of Williamsburg's aldermen (18 years)

re-elected 1752

August 1754-1756? Member of the House of Burgesses for Williamsburg (2 years) succeeded Armistead Burwell

committee on Courts of Justice

By early 1754, qualifies to practice before the General Court (Court of Appeals) Dill 17:

January 1754 appointed Attorney General of Virginia (succeeded Peyton Randolph, succeeded by Peyton Randolph, December?)

Hemphill says before May 1755, signed law license p. 77

"man of integrity" Edmund Randolph, History of Virginia 162-163

1755 older brother Thomas Wythe dies intestate, Wythe's inherits Chesterville

1758-1761 House of Burgesses for the College of William & Mary

1759 committee of Correspondence

1761-1767 House of Burgesses for Elizabeth City County

1766 John Robinson estate scandal

March 1768-1775??? Clerk of the House of Burgesses of Virginia (succeeded John Randolph, big quote in Js of the HoB 1766-69, p. 141) Speaker of the House of Burgesses

1774 committee of Safety

succeeds James Cocke elected Nov. 30 1768 Va Gazette Mayor of Williamsburg 1768-1769 succeeded by John Blair, Jr.

Legal clients: George Washington, Richard Henry Lee, Robert Carter As a second son in a family of moderate means, he chose law as his profession and qualified to practice in 1746. From that modest beginning, Wythe launched a successful career augmented by a variety of public service positions, including a brief stint as Virginia’s youngest Attorney General. When revolution erupted, Wythe participated as a delegate to the Continental Congress, signed the Declaration of Independence, and briefly represented the Commonwealth at the Constitutional Convention. In addition to his contributions on the national stage, Wythe’s fellow Virginians selected him to help rewrite Virginia’s code of laws, to preside over Virginia’s Constitutional ratifying Convention, and, in 1778, to serve on the newly created High Court of Chancery.

Wythe the teacher

Main article: Wythe the Teacher

Wythe originally began his teaching career in the traditional eighteenth century manner of instructing apprentices to his legal practice. Historians believe Wythe started instructing apprentices in his Williamsburg home before 1762 when Thomas Jefferson began to read law, but no records verify or identify earlier students.^[8] Subsequent Wythe apprentices included James Madison (president of William & Mary College) and St. George Tucker (Wythe’s successor as professor of law and police).^[9]

In 1779, William & Mary’s Board of Visitors reorganized the college and created the chair of Professor of Law and Police — the first of its kind in America and only the second in the English-speaking world.^[10] The Board appointed George Wythe to fill the new chair, making Wythe both William & Mary’s first law professor and the first law professor in the country.

Wythe lectured twice a week and assigned readings from major legal treatises such as William Blackstone’s Commentaries on the Laws of England and Matthew Bacon’s New Abridgment of the Law. He also introduced the use of mock trials and mock legislatures to American legal education in an effort to prepare his students for roles as "citizen lawyers." Wythe’s students included future United States Supreme Court justices John Marshall and Bushrod Washington as well as three future Virginia Supreme Court Justices and numerous future Congressmen and Senators. In 1789, the Virginia High Court of Chancery, on which Wythe had served since its inception in 1778, relocated to Richmond. This change and Wythe’s growing unhappiness with the direction of academic life at the College caused Wythe to resign his position as professor.^[11]

Judicial career

Main article: Wythe's Judicial Career

On January 9, 1778, Virginia's General Assembly passed an act creating the High Court of Chancery. Five days later, the Assembly nominated and unanimously elected Edmund Pendleton, Robert Carter Nicolas and Wythe to the bench.^[12] In addition to their chancery court obligations, an act of the Assembly in 1779 required all three judges to serve ex officio on the Court of Appeals with judges from the Court of Admiralty and the General Court.^[13] This changed in 1789 when the Assembly reorganized the courts and created a permanent Court of Appeals, leaving Wythe as the sole chancellor and his decisions subject to review by the Court of Appeals.^[14] Wythe retained his position as chancellor until his death in 1806—first as a member of the panel, then as sole chancellor, and finally as chancellor for one of three districts.

Death

Main article: Death of George Wythe

On May 25, 1806, George Wythe was struck with a severe gastrointestinal malady which most of his contemporaries (and subsequent historians) believed resulted from arsenic poisoning.^[15] The culprit who administered the poison to Wythe's entire household was his great-nephew and heir, George Wythe Sweeney. Also poisoned were Lydia Broadnax, Wythe's housekeeper, and Michael Brown, a young freedman to whom Wythe was teaching Latin and Greek. Broadnax survived the poisoning; Brown did not. He died on June 1, 1806. Wythe survived in agony for two weeks, long enough to disinherit Sweeney. The chancellor finally succumbed on June 8.^[16] The great teacher and judge was mourned throughout the Commonwealth with "more column inches of eulogy than had been elicited in Virginia newspapers by the death of George Washington or by that of any other person."^[17] Even at his death, his influence upon the nation was readily apparent. As one commentator wrote, "upon his death in 1806, the nation's President (Jefferson), its Chief Justice (Marshall), an Associate Justice (Washington), the Attorney General (John Breckinridge), U.S. Senators from Virginia (William Branch Giles) and Kentucky (Buckner Thruston), and the most influential state judge in America (Spencer Roane) all were former students of George Wythe."^[18]

Further Reading

Main article: George Wythe Bibliography

• Blackburn, Joyce. George Wythe of Williamsburg. New York: Harper & Row, 1975.

• Brown, Imogene E. American Aristides: A Biography of George Wythe. Rutherford: Fairleigh Dickinson University Press, c1981.

• Clarkin, William. Serene Patriot: A Life of George Wythe. Albany, New York: Alan Publications, 1970.

• Dill, Alonzo Thomas. George Wythe: Teacher of Liberty. Williamsburg, Va.: Virginia Independence Bicentennial Commission, 1979.

• Hemphill, William Edwin. "George Wythe the Colonial Briton: A Biographical Study of the Pre-Revolutionary Era in Virginia". PhD diss., University of Virginia, 1937.

• Hemphill, William Edwin. "George Wythe: America’s First Law Professor and the Teacher of Jefferson, Marshall and Clay." Masters thesis, Emory University, 1933.

• Holt, Wythe. "George Wythe: Early Modern Judge," Alabama Law Review 58 (2007), 1009-1039.

• Kirtland, Robert Bevier. George Wythe: Lawyer, Revolutionary, Judge. New York: Garland, 1986.

• Shewmake, Oscar L. The Honourable George Wythe: Teacher, Lawyer, Jurist, Statesman: An Address Delivered Before the Wythe Law Club of the College of William and Mary in Williamsburg, Virginia, Dec. 18, 1921. Richmond, Va., 1950.

References

1. ↑ "Wythe" is pronounced "with".
2. ↑ Alonzo Thomas Dill, George Wythe: Teacher of Liberty, (Williamsburg, VA: Virginia Independence Bicentennial Commission, 1979), 3.
3. ↑ The exact date of Wythe's birth is unknown, but W. Edwin Hemphill cites the American Law Journal, 3 (1810), 97, that Wythe died in the "eighty-first year of his age" in June 1806. "George Wythe the Colonial Briton: A Biographical Study of the Pre-Revolutionary Era in Virginia," PhD diss., University of Virginia, 1937, 31.
4. ↑ William Clarkin,Serene Patriot: A Life of George Wythe (Albany, New York: Alan Publications, 1970), 4.
5. ↑ Ibid., 5.
6. ↑ Dill, George Wythe: Teacher of Liberty, 8-9.
7. ↑ Daniel Call, "George Wythe," in Reports of Cases Argued and Adjudged in the Court of Appeals of Virginia (Richmond: , 1801-1833), 4:xi.
8. ↑ Thomas Hunter, "The Teaching of George Wythe," in The History of Legal Education in the United States: Commentaries and Primary Sources, ed. Steve Sheppard (Pasadena, CA: Salem Press, 1999), 1:142.
9. ↑ Ibid., 1:143.
10. ↑ William Clarkin, Serene Patriot: A Life of George Wythe (Albany, New York: Alan Publications, 1970), 141-142.
11. ↑ Hunter, "The Teaching of George Wythe," 157-158.
12. ↑ Robert B. Kirtland, George Wythe: Lawyer, Revolutionary, Judge (New York: Garland Publishing, 1986), 119; Thomas Alonzo Dill, George Wythe: Teacher of Liberty (Williamsburg, Va.: Virginia Independence Bicentennial Commission, 1979), 40.
13. ↑ Dill, George Wythe: Teacher of Liberty, 40.
14. ↑ Ibid., 70.
15. ↑ Daniel P. Berexa, "The Murder of Founding Father George Wythe." Tennessee Bar Journal 47 (Jan. 2011): 24.
16. ↑ Ibid., 25.
17. ↑ W. Edwin Hemphill, "Examinations of George Wythe Swinney for Forgery and Murder: A Documentary Essay," The William and Mary Quarterly, 3rd Ser., 12, no. 4 (Oct., 1955): 545.
18. ↑ Hunter, "The Teaching of George Wythe," 161.