"George Wythe"

Blurb

Article text, 1911

Page 283

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.

Page 284

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 Wythe was then withdrawn from school, and for several years the entire direction of his education fell on his mother, a woman of unusual knowledge and strength of mind.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.

Page 285

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.

Page 286

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.

Page 287

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.

Page 288

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.

Page 289

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.

Page 290

would be imposed unless the colonists proposed some other method of taxation. These declaratory resolutions created the greatest alarm throughout America. Everywhere the proposition of the prime minister was agitated, and bitterly denounced in public discussion and by the press. The first public meeting in which opposition to the proposed tax was indicated, was held in Boston, May 24, 1764. This meeting directed their representatives to oppose the proposed tax as subversive of their rights, and directed that an effort be made to enlist the other colonists in an opposition to it. Almost all the colonists, through their legislative bodies, issued able and earnest papers in protestation against the proposed tax.27

Virginia was finally aroused to such a state of excitement that a committee was appointed in the House of Burgesses to prepare and report a petition to the king, a memorial to the House of Lords, and a remonstrance to the House of Commons on the subject of the proposed Stamp Act. The first two papers were drawn up by Richard Henry Lee, while Wythe, as a member of the committee, was appointed draftsman of the remonstrance to the House of Commons. The report, as submitted by him on December 18th, went so far beyond the timid hesitations of his colleagues, who viewed it as bordering on treason, that it underwent modifications tending to soften the harshness of the complaint before it was finally accepted by the House.28

In reading this remonstrance at the present time, we can hardly understand why it was so bitterly resisted by some members of the House. From the general tone of this paper, and of the other petitions as well, it is evident that no opposition beyond remonstrance was intended. The colonists believed in a dutiful way that the majority of their petitions would be granted. The exclusive right of the colonies to tax themselves is set forth, but the language is supplicatory, and the petitions set forth the miseries of poverty about to be inflicted on them by the proposed system of taxation. Nevertheless, Parliament persisted in its determination to tax the colonies, and this de-

27 Henry, Life, Correspondence, and Speeches of Patrick Henry, I., 60-61.

28Jefferson, Papers, I., 14., 205.

Page 291

termination was only increased by the Virginia Resolutions. In pursuance of this policy the Stamp Act was passed by both Houses of Parliament in February, 1765, and was to be in operation from the following November.29

America was now aroused to a spirit of resistance. The great majority of the colonists were thoroughly convinced that their liberties and rights were being violated and that the action of England was unjustifiable. With America in this frame of mind, Wythe was brought more and more into prominence on account of his radical views. He was still loyal to the mother country, and had no desire to separate the colonies from her. Although firm and determined in upholding their rights, yet he believed that a conciliatory policy should be pursued toward Great Britain. Patrick Henry's views coincided with those of Wythe, but he was more impatient and showed less diplomacy in his plans for putting them into operation.30 During the month of May, 1765, Henry introduced his famous resolutions declaring that the colonists were entitled to all the privileges, liberties, and immunities of Englishmen, and that the General Assembly had the exclusive right to tax them.3 1 These resolutions were opposed by Edmund Randolph, Bland, Pendleton, Wythe, and all the old leaders of the House. These men favored the principles as set forth by Henry, but they contended that the same sentiments had been expressed in a resolution of the previous session, and an answer to them had not yet been received.32 The eloquence of Henry was sufficient to win over the members from the western counties, and he finally secured the passage of his resolutions.33 The British ministry very soon saw the futility of trying to impose the Stamp Act upon the colonies. Accordingly, in 1766, the measure was repealed. Parliament did not relinquish its right to levy taxes on the colonies, for before repealing the Stamp Act a declaratory act

29 Sanderson, Biography of The Signers, IV, 175.

30Ibid.

31Henry, Life, Correspondence, and Speeches of Patrick Henry, I., 80.

32Jefferson, Papers, I., 14.,205.

33Ibid; Journals of The House of Burgesses, 1758-1769., p. LXV.

Page 292

was brought in which asserted the supreme power of Parliament over the colonies "in all cases whatsoever." The cause of the friction between England and the colonies was partially removed, and the discontent in America became considerably less. This condition only existed for a short time, for the ministry soon passed the Glass, Tea, and Paper Acts, and the statute restricting the powers of the New York Legislature, which were even more irritating than the Stamp Act.

In Virginia matters were reaching a critical stage. During the notable session of 1768, Jefferson, who was a member of the House of Burgesses for the first time, introduced his famous set of resolutions which set forth in determined language the exclusive right of the colonies to tax themselves in all cases whatsoever. They contained a protest against the Glass, Stamp, Tea, and other acts of Parliament, and denounced them as a violation of the chartered rights of Englishmen. They strongly protested against the removal of cases to England for trial for offenses committed in the colonies. Governor Dunnmore was known to be bitterly hostile to any such action, and for this reason it was necessary to hurry the resolutions through the House of Burgessess in a very unparliamentary manner. Dunnmore dissolved the House the following day, but the people showed their approval of the action of the Burgesses by returning every member at the next election.34

While Jefferson's Resolutions were being discussed, Wythe exerted all of his power and influence to secure their adoption. Indeed, Jefferson, as a young man, was so much under the influence of Wythe, that the principles set forth in the resolutions were probably instilled into him by his former teacher. At the very beginning of the controversy with England, Wythe took the position that the only link of political union between Great Britain and the colonies was the identity of their executive and that they stood in the same relation to the mother country as Hanover. He believed that Virginia had just as much authority over England as Parliament, or the crown had over

34Sanderson, Biography of the Signers, IV., 178.

Page 293

the colonies.35 In these views Wythe was far ahead of his time. Even as late as 1775, when Jefferson formulated his famous "Albemarle Resolutions," setting forth the same principles, he asserted that Wythe was the only man he could find to agree with him in the matter.36

Wythe was not returned to the House of Burgesses in 1769, but was appointed clerk, in which capacity he served until 1775. In the meantime our relations with Great Britain became more and more strained. From the time of the Boston Tea Party of 1773 on to the outbreak of hostilities, there gradually spread through the colonies the feeling that an appeal to arms was the only means of settling our dispute with England.

In 1775, the various counties of Virginia were asked to send up to the legislative body sets of resolutions expressing their sentiments as to the best course to be pursued towards Great Britain. In response to this appeal Jefferson and Wythe submitted the Albemarle Resolutions, which asserted that Parliament had no authority over the colonies in any case, or on any subject; that they possessed the power of self-government by natural right, or by the common rights of mankind. All the other public men of the time stopped at the half way ground with John Dickerson, who admitted that England had a right to regulate our commerce and to levy duties for that purpose, but not for revenue.37

England's determination to pursue her policy remained unshaken in spite of the petitions, remonstrances, and supplications poured in on the crown and Parliament. A large British army was landed at Boston, and on April 19, 1775, a detachment of this army was defeated by the colonial troops at Lexington. With the news of Lexington, the whole country immediately flew to arms. The colonial governors were driven out and companies of soldiers were hastily organized, equipped, and sent forward to the scene of action. For months previous to the outbreak of hostilities, Wythe had been traveling throughout the State of Virginia, and stirring up the people to a spirit of

35Jefferson, Papers, I., 4, 205.

36Rowland, Life of George Mason, I., 174.

37Ibid.

Page 294

resistance. He now donned a uniform and presented himself before the soldiery drawn up for military parade.38 It was only after his friends had persuaded him that he could serve his country more efficiently in her legislative halls, that he finally consented to remain at home. His destiny was to attain distinction as a statesman, legislator, and judge rather than as a warrior.39

The Virginia convention assembled at Richmond, August 11, 1775, and elected Peyton Randolph, Richard Henry Lee, Jefferson, Benjamin Harrison, Nelson, Bland, and Wythe as delegates to the Continental Congress for the ensuing year.40 During his year of service in this body, Wythe was one of the most prominent members. His comprehensive knowledge of governmental affairs and his long experience in the Virginia House of Burgesses, at once gave him a high position among his colleagues. He is generally considered, with the possible exception of John Adams, to have been the best educated man in Congress. On account of these qualities, he assumed the same leadership as a committeeman that he had held in the House of Burgesses. Throughout the entire year, he served on three standing committees: Clothing, Indian Affairs, and the Treasury Committee on Board.41 In the number of minor committees served on, Wythe was considerably ahead of any of his colleagues. Whenever there was a report to be drawn up by a committee, he was generaliy chosen to do the work. This is shown by the Journals of 1776, which indicate that the number of reports written by Wythe is more than double that of any other member of congress.

He did not confine the field of his activities to the committee room, but took a leading part in the debates of Congress. From the vety outset, he advocated a strong confederation. He was firmly convinced that effectual resistance to the power of England could never be made by the colonies working independent of each other, and that the safety, well-being, and independence of America depended on their uniting to form a strong confedera-

38Richmond Enquirer, June 10, 1806.

39American Law Journal, III., 94-95.

40Journals of Congress, September 13, 1775.

41Ibid, VI., 1064.