Chancellor Wythe's Death

Chapter XXVIII in The Two Parsons, by George Wythe Munford (Richmond, Virginia: J.D.K. Sleight, 1884), 414-433.

Chapter 28 text

Page 414

CHAPTER XXVIII.
CHANCELLOR WYTHE'S DEATH.

We have carried our Parsons to places not usually frequented by men of the cloth. We have described them as they appeared in their day. If there was anything objectionable in in their conduct, let those who think so draw a moral from it, and teach those who agree with them to avoid the evil. The characters of men should be described with truthfulness. Let the evil be avoided; let the good be imitated. For our own part, we admire them for the common sense they displayed, for placing themselves in positions where the good they might do overbalanced the appearance of evil.

The bedside of the sick and dying is a position recognized by all as appropriate for a minister. However hardened the sinner, however vile the reprobate, he may be successfully approached at a time like this by good men, and they may indulge even in reproof without incurring censure or violating decorum. The thief on the cross was forgiven. A word dropped in season—a prayer elicited from the reprobate's heart—may perchance save a perishing soul. The heart is generally softened by the rackings and pains of disease, and a lodgment may then be made which may cause that garrison of many devils to see the folly of mortal combat with its Creator, and cause an unconditional surrender. Even though repentance may be exhorted by fear, there is cause for rejoicing. But when a pious minister approaches the bed of a believer, and

Page 415

witnesses his resignation and submission, and willingness to rely implicitly upon divine mercy, through the mediation of a crucified Redeemer, there is a calm pleasure to the sick, and a delight to those around him which no Christian can fail to appreciate.

We have spoken of Chancellor George Wythe in a previous chapter, and as we are going to his bedside, we cannot refrain from making reference to his estimable character. In the times that tried men's souls there was no occasion for this; for he was one of the magnates who occupied such a large space in the public eye that all men knew his position and services.

As a chancellor, in his court-room, in the basement of the Capitol, which was rarely occupied by more than a few members of the bar and a few suitors, without insignia of office and only his innate dignity to support him, men might transact their business without reflecting upon the inestimable value of a judge uncontaminated by prejudice or partiality, or meaner selfishness, upon whose pure decision their property depended. They knew he held the even scales of justice well balanced in his hands, and that nothing but undoubted equity and law could turn those scales to the right or the left; still, no outward demonstration of more than ordinary respect was ever exhibited. In these days, when it is not uncommon to hear notable contrasts drawn between some unworthy judges, who have soiled the judicial ermine, and brought their decisions and illegal acts into disrepute and themselves into contempt, it may not be considered useless to revive some incidents in the life and character of such a man as George Wythe, and hold him up as an exemplar of a patriot, jurist, and pure Virginian. It is a pleasure for us to dwell for a moment upon the personal appearance of this remarkable man.

He was one of those that a child could approach with-

Page 416

out hesitation or shrinking,—would talk to, in its innocent prattle, without constraint or fear,—would lean upon, and, looking in his face, return a sympathetic smile. He was one of those before whom a surly dog would unbend, and wag his tail with manifest pleasure, though never seen before. Animals and children are guided in their affections or dislikes by countenance and the manner.

His stature was of middle size. He was well-formed and proportioned; and the features of his face many, comely, and engaging. In his walk, he carried his hands behind him, holding the one in the other, which added to his thoughtful appearance. In his latter days he was very bald. The hair that remained was uncut, and worn behind, curled up in a continuous roll. His head was very round, with a high forehead; well-arched eyebrows; prominent blue eyes, showing softness and intelligence combined; a large aquiline nose; rather small, but well-defined mouth; and thin whiskers, not lower than his ears. There were sharp indentations from the side of his nose down his cheek, terminating about an inch from the corner of the mouth; and his chin was well-rounded and distinct. His face was kept smoothly shaven; his cheeks, considerably furrowed from the loss of teeth; and the crow's feet very perceptible in the corners of his eyes. His countenance was exceedingly benevolent and cheerful.

His dress was a single-breasted black broadcloth coat, with a stiff collar turned over slightly at the top, cut in front Quaker fashion; a long vest, with large pocket-flaps and straight collar, buttoned high on the breast, showing the ends of the white cravat that filled up the bosom. He wore shorts; silver knee and shoe buckles; was particularly neat in his appearance, and had a ruddy, healthy hue. He had a regular habit of bathing, winter and summer, at sunrise. He would put on his morning

Page 417

wrapper, go down with his bucket to the well in the yard, which was sixty feet deep and the water very cold, and draw for himself what was necessary. He would then indulge in a potent shower-bath, which he considered the most inspiring luxury. With nerves all braced, he would pick up the morning Enquirer, established about two years before, and seating himself in his arm-chair, would ring a little silver bell for his frugal breakfast. This was brought in immediately by his servant woman, Lydia Broadnax, who understood his wants and his ways. She was a servant of the olden time, respected and trusted by her master, and devotedly attached to him and his—one of those whom he had liberated, but who lived with him from affection. He was born in the county of Elizabeth City, on the shores of the Chesapeake , in 1726, and inherited an estate ample for ease and independence. Though his education was defective in his youth, yet, by close application, in after life he had become an accomplished Latin and Greek scholar, and possessed a fair knowledge of the modern languages. In writing to friends who were versed in those languages, even in ordinary letters or notes, he often mingled sentences, first in one and then in the other language, which made his correspondence very entertaining. After he reached his four score years he was studying Hebrew, and with the aid of a Rabbin by the name of Seixas, a learned Jew, who then lived in Richmond, had made sufficient progress to enable him to read the Bible with much ease in the original. He said he preferred to read it for himself, untrammelled by commentators or disputants over its translation. When a difficulty arose in his mind he investigated the matter by the original Hebrew, examined it in connection with the Greek, weighed the evidence for and against, as he would in a difficult case before him in court, and draw his own

Page 418

conclusions, his sole object being to arrive at the truth. He was a profound civil lawyer, a rhetorician, grammarian, and logician, and possessed a fair knowledge of mathematics, as well as of natural and moral philosophy. He lived in the practice of the most rigid and inflexible virtue, and was a pattern of temperance and frugality.

He was a widower; had been twice married: first to a daughter of John Lewis, with whom he studied law; secondly, to Miss Taliaferro, residing in the neighborhood of Williamsburg. He had only one child, which died in infancy. Though his name was not perpetuated by his own issue, yet all over Virginia, from the love and esteem borne him, there are many George Wythes, and the name will be handed down through untold generation. As a lawyer he possessed one distinguishing trait, he invariably refused business when he believed the justice of the case was against the client. As a judge he was remarkable for the most scrupulous impartiality, rigid justice, unremitting assiduity, and pure disinterestedness. The offices he filled, and the public duties he performed, are recorded in all the histories and chronicles of the great men of Virginia. We are dealing with his private character.

His benevolent disposition was apparent to all. Unassuming modesty, simplicity of manner, and great equanimity of temper were distinguishing characteristics throughout his life. He emancipated his salves, but did not cast them on the world friendless and needy. He gave them sufficient sums to free them from want, and his own example had taught them to cultivate industrious habits. He taught one of his negro boys Latin and Greek, and the rudiments of science. This boy, however, died before his benefactor. he bequeathed a large portion of his property, in trust, to support his three freed negroes, a woman, a man, and a boy, during their lives. he had written his will, leaving the greater portion of his pro-

Page 419

Main article: Last Will and Testament

perty to George Wythe Sweeny, the grandson of his sister, his own grand nephew; but circumstances occurring not long before and immediately preceeding his death induced him to revoke this portion of his will, and leave the bulk of his estate to others.

This will being a remarkable document in itself, and exhibiting some traits of the Chancellor's character, which we have endeavored to portray, is given here in full.

HIS WILL.

"Contemplating that event, which one in the second year of this sixteenth lustrum may suppose to be fast approaching, at this time, the twentieth day of April in the third year of the nineteenth centurie since the Christian epoch, when such is my health of bodie that vivere amem, and yet such my disposition of mind that, convinced of this truth, what supreme wisdom destinateth is best, obeam libens, I, George Wythe of the citie of Richmond, declare what is herein after written to be my testament, probablie the last: appointing my friendlie neighbor William Duval executor, and desiring him to accept fifty pounds for his trouble in performing that office over a commission upon his disbursements and receipts inclusive, I devise to him the houses and ground in Richmond which I bought of William Nelson, and my stock in the funds, in trust, with the rents of one and interest of the other to support my freed woman Lydia Brodnax and my freed man Benjamin, and freed boy Michæl Brown, during the lives of the two former, and after their deaths in trust to the use of the said Michael Brown; and all the other estate to which I am and shall at the time of my death be entitled, I devise to George Wythe Sweney, the grandson of my sister.

"GEORGE [L.S.] WYTHE."

Page 420

Three years afterwards he appended to the foregoing the following codicil.

"I, who have hereunder written my name, this nineteenth day of January in the sixth year of the before mentioned centurie, revoke so much of the proceeding devise to George Wythe Sweney as is inconsistent with what followeth. The residuary estate devised to him is hereby charged with debts and demands. I give my books and small philosophical apparatus to Thomas Jefferson, President of the United States of America,— a legacie, considered abstractlie, perhaps not deserving a place in his museum, but, estimated by my good will to him, the most valuable to him of any thing which I have power to bestow. My stock in the funds before mentioned hath been changed into stock in the bank of Virginia. I devise the latter to the same uses, except as to Ben, who is dead, as those those to which the former was devoted. To the said Thomas Jefferson’s patronage I recommend the freed boy Michael Brown, in my testament named, for whose maintenance, education or other benefit, as the said Thomas Jefferson shall direct, I will the said bank stock, or the value thereof, if it be changed again to be disposed. And now, good Lord most merciful, let penitence—

Sincere to me restore lost innocence;
In wrath my grievous sins remember not;
My secret faults out of thy record blot;
That after death’s sleep, when I shall awake
Of pure beatitude I may partake

"GEORGE WYTHE [SEAL.]"

"I will that Michael Brown have no more than one half my Bank Stock, and George Wythe Sweney, have the other immediatelie.

Page 421

"I give to my friend Thomas Jefferson my silver cups and gold headed cane, and to my friend William Duval my silver ladle and table and teaspoons.

"If Michael die before his full age, I give what is devised to him to George Wythe Sweney. I give to Lydia Brodnax my fuel. This is to be part of my will, and as it were written of the parchment inclosed with my name in two places.

"G. Wythe [SEAL.]"

24th February, 1806.

Subsequent to the writing of the last codicil, dated the 24th of February, 1806, the Chancellor had ascertained from various sources that his nephew had become exceedingly dissipated—was habitually keeping company with disreputable associates and frequenting gambling houses. From time to time, as opportunity occurred,—which was not often, because he evidently avoiced his uncle's society,—he had told him that such accounts had reached his ears, and in gentle reproof had warned him that such conduct could not be tolerated. He went so far as to say that he had made provision for him in his will, but unless there was some change in his conduct he should certainly revoke his bequest. His mind was finally made up to this by learning from one of the bank officers that Sweeney was suspected of having forged the Chancellor's name to two checks on the Bank of Virginia, one for fifty and another for one hundred dollars. There was a probability that he would be indicted before the grand jury for the forgeries, and the old gentleman came to the conclusion that he must do this thing which hung so heavily over him. He put it off, however, from day to day.

Such was the condition of affairs when Parson Buchanan came one morning to Parson Blair's house, and knocked excitedly at the door. The Parson answered

Page 422

the knock in person, and seeing his friend, said in a cheerful tone, "What are you kicking up this rumpus about?"

"I have heard that Chancellor Wythe is very ill," answered he, "and it is thought he has been poisoned. I want you to accompany me to his house."

"Poisoned!" said the good man. "I saw him but a day or two ago, and he was uncommonly well and cheerful. Who could have perpetrated such a deed?"

"I hear it was his own nephew, George Wythe Sweeney. Dr. Foushee called at my office and asked me to go to the old gentleman, and I want you to go also. The Doctor has been to see him twice already,—the last time in consultation with Dr. McCaw,—and they concur in the opinion that he is extremely ill. He said, moreover, that the Chancellor's old cook, Lydia, was also sick, and that the boy, Michael, who lived with them, was affected in the same manner. Lydia's story, to use her own language, was that 'Mass George Sweeney came here yesterday, as he sometimes does when old master is at court, and went into his room, and finding his keys in the door of his private desk, he opened it, and when she went in, she found him reading a paper that her old master had her was his will. It was tied with a blue ribbon. Mass George said his uncle had sent him to read that paper, and tell him what he thought of it. Then he went away, and, after the Chancellor ahd gone to bed, came back again late at night, and went to the room he always stays in when he sleeps here. In the morning, when breakfast was nearly ready, he came into the kitchen, and said, 'Aunt Lydy, I want you to give me a cup of coffee and some bread, because I haven't time to stay to breakfast.' She said, 'Mars George, breakfast is nearly ready; I have only to poach a few eggs, and make some toast for old master; so you had better stay and eat