IRLF 3 Efi7 Dfib v LIBRARY UNIVERSITY OF CALIFORNIA . DAVIS ~* * SUCCESS IN LIFE. I THE LAWYER. BY MRS. L. C. TUTHILL. 4 We fare on earth as other men have fared : Were they successful ? Let us not despair." In the lexicon of youth, which Fate reserves For a bright manhood, there is no such word As /art." NEW YORK: GEORGE P. PUTNAM. LONDON: PUTNAM'S AMERICAN AGENCY. 1850. LIBRARY UNIVERSITY OF CALIFORNIA DAVIS ENTERED, according to Act of Congress, in the year 1850, by GEORGE P. PUTNAM, in the Clerk's Office of the District Court of the United States for the Southern District of New York. BDWARD O. JENKINS, PRINTER AND STEREOTYPES, No. 114 Nassau Street, New York PREFACE. GIVE me the best possible example of an American Law yer a model for the young men of our country. " The late Jeremiah Mason, of Boston," was the prompt reply. " I recommend to your notice John Jay, of New York," said an9ther. " Bring forward Chief Justice Marshall as a glorious ex ample !" exclaimed a fervent admirer of that great man. " Do not forget Pinckney, of Maryland, one of the ablest lawyers this country has produced," added a fourth adviser, " William Wirt would prove the most exciting and encour aging example to the youthful aspirant to legal distinction." Stay, stay ! my good friends, you have already made out a brilliant constellation of "bright particular stars" may they prove guiding-stars to success. It is but an humble task to daguerreotype from spirited paintings executed by others. Yet, a similar task is at- VI PREFACE. tempted in this little volume. The original likenesses were drawn by great masters,* and the full-length portraits will, doubtless, be carefully studied, when after years give time and opportunity. * Webster, Jay, Wheaton, Kennedy. CONTENTS. CHAPTER I. Talents, ... CHAPTER II. Jeremiah Mason ......... , "* 18 CHAPTER III Self-Confidence. Gouvcrneur Morris, . . . . .21 CHAPTER IV. John Jay, . , . .... . . . 27 CHAPTER V. Unity of Purpose. John Marshall ....... 88 CHAPTER VI. William Pinckney, ... ..... . . 49 CHAPTER VII. Energy and Perseverance. William Pinckney, . . . . 5S CHAPTER VIII. William Wirt's Childhood, ....... 63 CHAPTER IX. William Wirt's Boyhood, ....... .81 CHAPTER X. William Wirt Admitted to the Bar, ... .86 Vlll CONTENTS. CHAPTER XI. PAGE William Wirt'a Legal Progress, -91 CHAPTER XII. A Prophecy, 94 CHAPTER XIII. Modesty and Emulation, .99 CHAPTER XIV. Advancement, .... .: ... 106 CHAPTER XV. William Wirt's Advice to a Young Lawyer 118 CHAPTER XVI. Wirt and Pinckney, .... ... 120 CHAPTER XVII. The Closing Scene, . . . . . . . .126 CHAPTER XVIII. General Learning. Legare, Parker, Du Ponceau, . 129 CHAPTER XIX. Religious Principles. Chief Justice Tilghman and Charles Chauncey, Esq 162 NOTES, 178 CHAPTER FIRST. TALENTS. " Who shall regulate With truth the scale of intellectual rank ?" " The most important thing in life is the choice of a profession."* Pascal. LET no boy think of becoming a lawyer, unless some one, better qualified than himself, discover his talents, talents peculiarly adapted to that learned profession. " A use for everything, and everything to its use." Do not spoil a good merchant or mechanic, by moiling through life a poor lawyer. Neither should the mistakes of partial friends mislead. " That boy is a famous disputer," says a proud father ; " he can always make the wrong appear the better rea son; he will make a capital lawyer." Because he is like a snarling puppy, biting at every body's heels ! No, sir ; he is not the boy for a lawyer. " My son is as cunning as a fox," says the fond moth er, whose watchful eye he evades ; "he will do right well for a lawyer." * " La chose la plus importante a la vie, c'est le choix d'un metier." 10 SUCCESS IN LIFE. Low cunning is the mark of a small mind. Wisdom can find no room there. " That fellow has a glib tongue of his own ; he will make a great noise at the bar," says the schoolmaster, who has been deceived by the ready recitations, which have been merely an eflfort of memory. The mill may make as much noise when there is no grist in the hop per, as when it is full. The schoolmaster should remem ber, vox et preterea nihil. " But here is an incipient lawyer surely, for he is al ways setting the other boys by the ears !" A pitiful mistake ! It is the business of the lawyer to get people out of difficulties, not the mean, detestable eflfort to plunge them into quarrels which this boy's con duct exhibits. As well might you say, that the steam- engine was made on purpose to blow people up sky-high. Study well your own capabilities. Does your heart thrill at the burning words of eloquence ? The noble deeds of great men^ do they fill you with enthusiasm ? Do they excite in you a fervent determination to act a glori ous part in the life-drama 1 Are you filled with an in tense desire to defend the cause of the oppressed, to re store the injured to their rights, to sustain the laws of your country ? Ambition may be a noble, generous passion, or it may be the meanest, and most selfish of all passions, " That sin by -which the rebel angels fell." THE LAWYER. 11 The ambition of an unprincipled man of genius, is vastly different from that of the man who is " great through sound sense and strong judgment." These are far better qual ifications for a lawyer, than that indefinite attribute genius. We acknowledge that there is an aptness or fitness for a particular calling or profession, which is usually mani fested in boy hood ;(1.) and this should, if possible, be fol- (1.) The examples to illustrate "Success in Life" are purposely drawn from the biography of our own countrymen, yet reference to dis tinguished men of other countries will occasionally be made in the mar ginal notes. William Pitt, son of the first Earl of Chatham, was little more than fourteen years of age when he went to reside at the University of Cambridge. At that time, says his biographer, Dr. Tomline, after wards Bishop of Winchester, who was also his tutor, " his proficiency in the learned languages was probably greater than was ever acquired by any other person in such early youth. In Latin authors he seldom met with difficulty, and it was no uncommon thing for him to read into English six or seven pages of Thucydides which he had not pre viously seen ; sometimes without a mistake. He had such an exact ness in discriminating the sense of words, and so peculiar a penetra tion in seizing at once the meaning of writers, that he never seemed to learn, but only to recollect. Nor was it in learning only, that Mr. Pitt was so superior to persons of his age. Though a boy in years and appearance, his manners were formed and his behavior manly. He mixed in conversation with unaffected vivacity, and delivered Ms sen timents with perfect ease, equally free from shyness and flippancy, and always with strict attention to propriety and decorum. While Mr. Pitt was an under-graduate, he never omitted attending chapel, morning and evening, or dining in the public hall, except when prevented by indisposition. Nor did he pass a single evening out of the college walls. His sweetness of temper and vivacity of 12 SUCCESS IN LIFE. lowed out. " To attempt putting another upon the boy, will usually be but labor in vain ; and what is so plastered on will at best but set untowardly , and have always hang ing to it the ungracefulness of constraint and affecta tion. "(2.) disposition endeared him to me in a degree which I should in vain attempt to express. " At the age of seventeen he began to mix with other young men of his age and station, then resident at Cambridge, and no one was ever more admired by his acquaintance and friends. He was always the most lively person in company, abounding in playful wit and repartee, but never known to excite pain or give just ground of offence; " Though his society was universally sought, and from the age of sev enteen or eighteen he constantly passed his evenings in company, he steadily avoided every species of irregularity, and he continued to pur sue his studies with ardent zeal and unremitted diligence during his whole residence in the university. In the course of this time I never knew him to spend an idle day, nor did he ever fail to attend me at the appointed hour. At this early period there was the same firm ness of principle and rectitude of conduct, which marked his character in the more advanced stages of life." (2.) It is said of Bacon, Lord Chancellor of England," While he was yet a child, the signs of genius, for which he was in after life distinguished, could not have escaped the notice of his intelligent parents. They nfust have been conscious of his extraordinary pow ers, and of their responsibility, that, upon the right direction of his mind, his future eminence, whether as a statesman or as a philosopher, almost wholly depended. In his twelfth year he was meditating upon the laws of the imagination. At thirteen, he was sent, fully prepared, to the University of Cambridge. In one of his essays, Bacon says, " Custom is most perfect when it beginneth in young years ; this is what we call education, which is, in effect, but an early custom." And yet this same wise man says : " The mould of a man's fortunes is in his own hands." CHAPTER SECOND. JEUEMIAH MASON. ' Great through sound sense and strong judgment ; Great by comprehensive views of things ; Great by high and elevated purposes." Daniel Webster. JEREMIAH MASON was by birth and education a Con necticut man. That little State has been the nursery from which thousands and ten thousands have gone forth, to every part of the Union, to fill the high places of the land. The ancestors of Jeremiah Mason, for several genera tions, had resided in the north-east section of that State, and one of his near relations still owns the very property purchased from the Indian sachem, Uncas. It lies in the town of Lebanon, in Windham county. There Jer emiah Mason was born, on the 27 th of April, 1768. He was the sixth of nine children. His father was a man of " considerable opulence, and highly esteemed by the com munity." Moreover, he was a truly good man. " His mother," says Mr. Webster, " was distinguish ed for a good understanding, much discretion, the purity 2 14 SUCCESS IN LIFE. of her heart and affections, and the exemplary kindness and benevolence of her life. It was her great anxiety to give all her children the best education, within the means of the family, which the state of the country would allow, and she was particularly desirous that Jere miah should be sent to college." " In my recollection of my mother," says Mr. Mason, " she was the personification of love, kindness, and be nevolence." Blessed tribute of grateful memory from such a son ! At sixteen years of age, young Mason was sent to Yale College, in his native State, and there was gradua ted in 1784. He received one of the honors of the class and performed a part in the Commencement exercises, which greatly raised the expectations of his friends, and gratified and animated his love for distinction. " In the course of a long and active life," says he, " I recollect no occasion when I have experienced such eleva tion of feeling." Mr. Mason was destined for the law, and commenced the study of that profession with Mr. Baldwin,(8.) at New Haven. From thence, after a year, he went to Vermont, and studied in the office of Stephen Rowe Bradley. (3.) The Hon. Simeon Baldwin, of New Haven, " a gentleman who has lived to perform important public and private duties ; has served his country in Congress, and on the bench of the Supreme Court of Con necticut, and still lives to hear the account of the peaceful death of his distinguished pupil." THE LAWYER. 15 Having completed the required course of preparatory study, Mr. Mason was admitted to the bar in Vermont and New Hampshire. A few miles below Walpole, in New Hampshire, at Westmoreland, he commenced practice, at the age of twenty-three. But Walpole being a larger village, where he could find congenial society and more busi ness, he wisely, determined to remove to that place. A journey to Virginia, at this period,- formed an inter esting variety in the life of the young lawyer. He men tions having been highly gratified with seeing Presi dent Washington, and was charmed by the urbanity and dignity of his manner. He also heard Fisher Ames make his celebrated speech upon the British Treaty. From Walpob, Mr. Mason removed to Portsmouth, and there his practice became extensive. A few years after his removal, he was appointed Attorney- General of the State of New Hampshire. Very much confined to his profession, he never sought office or political elevation. Yet he was at length persuaded to accept the post of a Sen ator of the United States, and took his seat there in June, 1813. He was at once acknowledged as holding a high position among the great men who were there assembled. But the law was his forte, and for that he determined to relinquish political eminence. He resigned his seat in the Senate in 1817. In 1832, Mr. Mason removed to Boston. 16 SUCCESS IN X.IFE. This slight sketch of Jeremiah Mason has been pre sented, merely as an introduction to the character given of him by Mr. Webster ; than whom, surely, no one understands better, what qualifications make the com plete lawyer. It should be carefully studied by all who aim at success in the profession. " The characteristics of Mr. Mason's mind, as I think, were real greatness, strength, and sagacity. He was great through sound sense and sound judgment. Great by comprehensive views of things. Great by high and elevated purposes. Perhaps sometimes he was too cau tious and refined, and his distinctions became too minute ; but his discrimination arose from a force of intellect, and quick-seeing, far-reaching sagacity, everywhere discern ing his object, and pursuing it steadily. Whether it was popular or professional, he grasped a point and held it with a firm hand. He was sarcastic sometimes, but not frequently ; not frothy or petulant, but cool and vitriolic. Unfortunate for him on whom his sarcasm fell. " His conversation was as remarkable as his efforts at the bar. It was original, fresh, and suggestive ; never dull or indifferent. He never talked when he had no thing to say. He was particularly agreeable, edifying, and instructive to all about him. "As a professional man, Mr. Mason's great ability lay in the department of the Common Law. In this part of THE LAWYER. IT jurisprudence, he was profoundly learned. He had drunk copiously from its deepest springs ; and he had studied with diligence and success the departures from the Eng lish Common Law, which had taken place in this country, either necessarily, from difference of condition, or posi tively, by force of our own statutes. In his addresses, both to courts and juries, he affected to despise all elo quence, and certainly disdained all ornament ; but his ef forts, whether addressed to one tribunal or the other, were marked by a degree of clearness, directness, and force, not easy to be equalled. " But political eminence and professional fame fade away, and die with all things earthly. Nothing of char acter is really permanent, but virtue and personal worth. These remain. Whatever of excellence is wrought into the soul itself, belongs to both worlds. Real goodness does not attach itself merely to this life ; it points to another world. Political or professional reputation can not last forever ; but a conscience void of offence before God and man, is an inheritance for eternity. Religion, therefore, is a necessary and indispensable element in any great human character. There is no living with out it. Religion is the tie that connects man with his Creator, and holds him to His throne. If that tie be all sundered, all broken, he floats away, a worthless atom in the universe ; its proper attractions all gone, its des tiny thwarted, and its whole future nothing but dark- 2* 18 SUCCESS IN LIFE. ness, desolation, and death. A man with no sense of re ligious duty, is he whom the Scriptures describe in such terse but terrific manner as " living without God in the world." Such a man is out of his proper being, out of the circle of all his duties, out of the circle of all his happiness, and away, far, far away, from the purposes of his creation. " A mind like Mr. Mason's active, thoughtful, pene trating, sedate could not but meditate deeply over the condition of man below, and feel its responsibilities. He could not look on this wondrous frame, ' This universal frame, thus wondrous fair,' without feeling that it was created and upheld by an In telligence, to which all other intelligences must be respon sible. I am bound to say, that in the course of my life, I never met with an individual, in any profession or con dition of life, who always spoke, and always thought, with such awful reverence of the power and presence of God. No irreverence, ro lightness, even no too familiar allusion to God and His attributes, ever escaped his lips. The very notion of a Supreme Being was, with him, made up of awe and solemnity. It filled the whole of his great mind with the strongest emotions. A man like him, with all his proper sentiments and sensibilities alive in him, must, in this state of existence, have something to be lieve, and something to hope for ; or else, as life is ad- THE LAWYER. 19 vancing to its close and parting, all is heart-sinking and oppression. Depend upon it, whatever may be the mind of an old man, old age is only really happy when, on feel ing the enjoyments of this world pass away, it begins to lay a stronger hold on those of another. " Mr. Mason's religious sentiments and feelings were the crowning glories of his character. " Mr. Mason died in old age, not by a violent stroke from the hand of death ; not by a sudden rupture of the ties of nature, but by a gradual wearing out of his con stitution. He enjoyed through life, indeed, remarkable health. He took competent exercise, loved the open air, and avoiding all extreme theories or practice, controlled his habits of life by the rules of prudence and modera tion. " His whole life, marked by uniform greatness, wisdom, and integrity ; his deep humility, his profound reverence for the Divine Majesty, his habitual preparation for death, his humble trust in his Saviour, left nothing to be desired for the consolation of his family under this great loss. He was gradually prepared for his departure. His last years were passed in calm retirement ; and he died as he wished to die, with his faculties unimpaired, without great pain, his family around his bed, and the precious promises of the Gospel before his mind." Here is, indeed, a character suited for the young man's model. Trace its lineaments, as drawn by the 20 SUCCESS IN LIFE. hand of a master. Ponder upon it, analyze it, for it bear the nicest scrutiny. (4.) It will demonstrate to you that a lawyer, in spite of his peculiar temptations, may be a truly religious man, and be acknowledged as such by the whole community. Chief Justice Shaw recommends the character of Mr. Mason, as "an example to all those young men who take upon themselves the responsibilities, and aspire to the honors of the legal profession. '"It is true," he says, "that every one cannot feel assured of the eminent natural gifts which characterized Mr. Mason's mind ; but all can imitate the patient study, the industrious investigation, the ' unshaken integrity, and conscientious fidelity which prominently marked the career of this eminent Jurist." (4.) " The truest admiration is that by which we receive other minds into our own." CHAPTER THREE. SELF-CONFIDENCE. " Things out of hope are compassed oft with venturing." Shakspeare. "The grand practical question is, how we are to avoid the darkness and the desert, and take our portion in the fair and fertile. Is there a lot cast for us, in this matter, or is it onr own doing?" "So build we up the being that we are." Wordsworth. WHEN Sir Walter Raleigh, in a meditative mood, scribbled the line, " I would climb, but fear to fall," he was, doubtless, " screwing his courage to the sticking- place." His royal mistress added, " Then why attempt to climb at all V 9 This taunt stung him to the quick ; his wavering self-confidence was restored and permanently fixed. Disappointments throw weak minds off their balance ; the strong and the wise perceive that they are from without, and make use of them for their own advantage. Instead of continuing under the dark and sullen clouds of discontent, they emerge into clearer light, and go on with more cheerful alacrity. It has sometimes been remarked, that great occasions produce great men. Not so ; the great men already are such ; they only want occasions to call forth their talents. Give them a fair 22 SUCCESS IN LIFE. field, and the confidence which belongs to true greatness will enable them to prove their strength. There is an immense difference between self-confidence and self-conceit. When the young artist Corregio first saw the beautiful paintings of Raphael, and exclaimed, " I, too, am a painter," it was not arrogant self-con ceit, it was the consciousness of similar power. Admiral Nelson was exceedingly piqued, when he was a young man, because he was not mentioned in a news paper paragraph, in which an action was briefly de scribed, where he had been present. " Never mind," said he, " I will one day have a Gazette of my own." The consciousness of courage and naval skill prompted this proud resolution. Self-conceit is a wren in peacock's feathers ; self-confidence, the soaring eagle. You may have been puffed up into overweening conceit of your self by the flattery of others, but nothing excepting the internal conviction of power, can give you self-confidence. " I have read in some marvelous story, Sone legend strange and vague," of a man who was cast upon a desert island, among a people who had lost their king. The story says not how he became a runaway ; but when the people saw the stranger, they fancied he was their sovereign, and im mediately placed the glittering crown upon his brow, and the golden sceptre in his hand. " Uneasy lies the head that wears a crown." THE LAWYER. 23 The head of the hapless runaway must, indeed, have been uneasy, and the hand that had lately held the plough, or grasped the blacksmith's hammer, must have trembled, as it lifted the sceptre. Many a time and oft would he have relinquished these emblems of power, and with them the greatness that had been thrust upon him. But no ; he was their king, and a king he must remain. In a similar condition, many a lawyer has found him self ; too late, he has discovered that neither by nature nor by education was he fitted for the profession which he had chosen, or, still more unfortunately, that which had been forced upon him. It is a mistake, fraught with direful consequences, that a man can only be respectable or distinguished, by be longing to one of " the learned professions.'' " As for the honor of different vocations, there never was a truer sentence than the stale one of Pope stale now, because it is so true ' Act well your part, there all the honor lies.' And it is the just boast of our own country, that in no civilized nation is the force of this philanthropic maxim so nobly illustrated as in ours thanks to our glorious institutions." " When the celebrated Gouverneur Morris left college, he lost no time in deliberating on the choice of a profes- 24 SUCCESS IN LIFE. sion, for he seems to have destined himself for the law, from the time of his first reflections on the subject. His ancestors had gained renown in this career, and it was natural that his inclination should lead him in the same direction. He knew, moreover, that his success in life, his fortune and fame, his future usefulness and consider ation, depended upon his own efforts. " Naturally active, sanguine in his temperament, con scious of his powers, and not wanting in ambition, he had an early and continued confidence in himself ] which enabled him to command all the resources of his mind, and to convert them, on any given occasion, to the best account. In fact, this self-confidence was one of the re markable features of his character through life, and perhaps its tendency was rather to err on the side of boldness and presumption, than on that of timidity and reserve. But there are few more enviable qualities of the understanding, than the power of ascertaining its own bias and strength, and of causing these to unite and co-oper ate in the attainment of a difficult object. No man had this power in a greater degree than Gouverneur Morris, nor exercised it with more skill and effect. He has often been heard to say, that in his intercourse with men, he never knew the sensation of fear or inferiority, of embarrassment or awkwardness. Although this al most daring self-possession, which never forsook him, may, at times, have deprived his manners of the charm THE LAWYER. 25 which a becoming diffidence and gentleness of demeanor are apt to infuse, yet as a means of advancement in the world, it must be allowed, when properly regulated, to take the precedence of every other quality." . . Self-depreciation is not humility, though often mis taken for it. Its source is oftener mortified pride. Self-confidence must have its foundation in self-knowl edge. A proper, a just estimate of one's abilities, alone can ensure that confidence, which is neither arrogant nor presumptuous. It might have been supposed by some persons, who were contemporaneous with the poet Milton, that he pos sessed an arrogant confidence in his own genius ; but time, the best test, has proved that he did not overestimate his abilities. He says, " These abilities, wheresoever they be found, are the inspired gift of God, rarely bestowed." Yet so conscious was he of the " gift," that he deems himself prepared for a " work," " not to be raised from the heat of youth, or the vapors of wine, like that which flows at waste from the pen of some vulgar amourist, or the trencher fury of a rhyming parasite, nor to be obtained by the invocation of dame Memory and her seven daugh ters, but by devout prayer to that Eternal Spirit, who can enrich with all utterance and knowledge, and sends out his seraphim, with the hallowed fire of his altar, to touch and purify the lips of whom he pleases." 3 26 SUCCESS IN LIFE. But, notwithstanding this consciousness of power, and this acknowledgment of the source from which it was de rived, did Milton expect success, without vigorous effort on his own part ? No ; read, young man, for your spe cial benefit, what he says of his mode of life. " My morning haunts are where they should be, at home ; not sleeping, or concocting the surfeits of an irregular feast, but up and stirring ; in winter, often ere the sound of any bell awake men to labor or devotion ; in summer, as oft with the bird that first rouses, or not much tardier, to read good authors, or cause them to be read till the attention be weary, or memory have its full freight ; then, with useful and generous labors, preserving the body's health and hardiness, to render lightsome, clear, and not lumpish obedience to the mind, to the cause of religion, and our country's liberty." Sic iter ad astra. The self-confidence which accomplishes the end de signed, success, is not founded upon self-partiality, or self- exaggeration but upon true, consistent self-knowledge, and self-respect. CHAPTER FOURTH. JOHN JAY. "The law Whereof yon are a well-deserving pillar." A NAME has oftentimes had an influence on the choice of a profession. That distinguished and excellent lawyer, John Jay, of New York, was named after the Hon. John Chambers, one of the Judges of the Supreme Court of the Province. There is nothing distinctive in the name John, but being thus called as the namesake of a great man, should excite an earnest desire to sustain the reputation which another has fairly earned. This seems to have been an incitement to John Jay. But a still more decided and effective influence than that of a name was exercised upon the opening mind of John Jay. " Peter Jay had ten children ; John was his eighth child, and was born in the city of New York, the 12th of December, 1T45. The character of his parents was a theme on which their son John delighted to converse ; for ^| seldom have parents been so loved and reverenced as they were by him. Both father and mother were actuated by 28 SUCCESS IN LIFE. sincere and "fervent piety. The father possessed strong masculine sense was a shrewd observer and admirable judge of men; resolute, persevering, and prudent; an affectionate father, a kind master, but governing all under his control with mild but absolute sway. " The mother had a cultivated mind and fine imagina tion, and was mild and affectionate in her temper and manners ; a cheerful resignation to the will of Providence, during many years of sickness and suffering, bore witness to the strength of her religious faith. Two of the children, a son and a daughter, were attacked in their infancy by small-pox, and were deprived of sight by this formidable disease. It was thought that the two little sufferers could be brought up more safely and ad vantageously in the country than the city. For this purpose the father purchased a farm at Rye, on the shores of Long Island Sound, whither he removed his family, while John was still in the nurse's arms. " Notwithstanding the cares of a large family, the mo ther devoted much of her time to the instruction of the two blind children, and the little John. To the former she read the best authors, to the latter she taught the rudiments *of English, and the Latin grammar. When John was between six and seven years old, his father, %iwriting about him, remarked, ' Johnny is of a very grave disposition, and takes to learning exceedingly well. He will soon be fit to go to grammar school.' THE LAWYER. 29 " When eight years old, he was sent to* a grammar school at New Rochelle, kept by the Rev. Mr. Stoope, pastor of the French Church. His character, even at this early age, seems to have been sufficiently marked to excite the favorable anticipations of his discerning father, who, in a letter to a friend, observed, ' I cannot forbear taking the freedom of hinting to you, that my Johnny gives me a very pleasing prospect. He seems to be en dowed with a very good capacity is very reserved, and quite of his brother James's disposition for books.' " The gentleman, to whose charge he was now committed, was a native of Switzerland, and of odd habits, ignorant of the world, regardless of money, and remarkable for absence of mind ; he devoted every moment of leisure to his studies, particularly to the mathematics, leaving the undisputed government of himself and his household to his wife, who was as penurious as he was careless. The parsonage, and everything about it, was suffered to decay ; and the boys were treated with little food and much scolding. John contrived to prevent the snow from drifting upon his bed, by closing the broken panes of glass with pieces of wood. The contrast between such lodgings, and such treatment, and that to which he was accustomed at home, was not pleasing, but not without its uses. The plain and simple diet to which he was confined, led to that indifference to the quality of his food for which, through life, he was remarkably distin- 30 SUCCESS IN LIFE. guished, while his constitution, no doubt, derived addi tional strength and vigor from the hardships to which he was exposed. His health was robust, and in after life he used to mention the pleasure he at this time enjoyed in roaming through the woods and gathering nuts, which he carried home in his stockings, which he stripped off for the purpose. The inhabitants of the village of New Rochelle were chiefly descendants of French refugees, and French was spoken by them as well as at the parsonage, and John thus acquired, with little trouble, a language for which he afterward had so much use. He remained at this school three years, when his father took him home and placed him under the instruction of a private tutor, who com pleted his preparation for college. At the early age of fourteen John Jay entered Co lumbia College, in New York, then called King's Col lege. The President was the excellent Dr. Samuel Johnson. The young freshman was now suddenly introduced to a scene entirely new to him, and was thrown among com panions of various dispositions and habits, without any other guide or monitor than his own good sense and virtue. His intercourse with others made him sensible of his own deficiencies, and he commenced the work of correcting them with a resolution and perseverance not often accomplished in early youth. His artic- THE LAWYER. 31 ulation was indistinct, and his mode of pronouncing the letter L,' exposed him to ridicule. He purchased a book written by Sheridan, probably his c Lectures on Elocution,' and shutting himself up daily in his room, studied the rules, and practiced upon them, till his object was accomplished." He had, moreover, a habit of reading so rapidly, as to be understood with difficulty. For the purpose of cor recting this fault, he read aloud to himself, making a full stop after every word, until he had acquired the com plete control of his voice, and he thus became an ex cellent reader. With the same energy he pursued all his studies, and especially English composition. So intent was he upon this, that when about to write an English exercise, he placed paper and pencil by his bedside, that if, while meditating upon his subject in the night, a valuable idea occurred to him, he might make some note of it, even in the dark, that might recall it in the morning. His ap plication and correct deportment acquired for him the esteem and friendship of the President. At the Commencement exercises, the Latin Salutatory Oration was considered the highest honor, and this was spoken, in the year 1T64, by John Jay. But, while yet in college, he decided upon a profession, and commenced reading law with one of his fellow- students. Two weeks after he was graduated, he entered 32 SUCCESS IN LIFE. the office of Benjamin Kissam, Esq. ,(5.) of New York, as a student at law. After Mr. Jay was admitted to the bar, it sometimes happened that he was engaged on the opposite side to Mr. Kissam. On one of these occasions, the latter being em barrassed by some position taken by the other, pleasant ly remarked in court, that he had brought up a bird to pick out his own eyes. " Oh no," retorted his opponent, " not to pick out, but to open your eyes." Mr. Jay married Sarah, the youngest daughter of Governor Livingston, of New Jersey, a zealous and dis tinguished patriot of the Revolution. The Revolution was an interruption to Jay's legal pursuits. He was chosen a delegate to the Continental Congress, from the city and county of New York. This Congress met at Philadelphia, as every American knows, (5.) Lindley Murray, afterward distinguished by his various works on grammar and elocution, was at this time a student in the same office. In a short memoir of himself, published after his death, lie paid the following tribute to his early companion : " The celebrated John Jay, Esq., late Governor of New York, was my fellow-student for about two years. His talents and virtues gave at that period pleasing indications of future eminence. He was remarkable for strong reasoning powers, comprehensive views, indefatigable application, and uncommon firmness of mind. With these qualifications, added to a just taste in literature, and ample stores of learning and knowledge, he was happily prepared to enter on that career of public virtue by which he was honorably distinguished, and made instrumental in pro moting the good of his country." THE LAWYER. 33 in 1774. Mr. Jay was perhaps the youngest member of the House, being then in his twenty-ninth year. a Notwithstanding his youth, he was placed on a com mittee for drafting an address to the people of Great Brit ain, and a memorial to the people of British America. The address to the people of Great Britain was drawn up by Mr. Jay, and adopted by Congress. Mr. Jefler- son, while ignorant of the author, declared it to be a pro duction certainly of the finest pen in America. " Mr. Jay from this time devoted himself to the service of his country, in the field and in the cabinet, until the termination of the eventful struggle for liberty. Mr. Jay was chosen Chief Justice of the State of New York, immediately after its organization as a State, an office which he found incompatible with other duties, and resigned it. He was afterward sent as Minister Plenipotentiary to Spain ; then on a mission to France ; and later, as Envoy to England. Under Washington's administration, Mr. Jay officiated for a time as Secretary of State ; and when the Supreme Court of the United States was organized, he was appointed Chief Justice. Subsequently, he was chosen Governor of the State of New York, and late in life, President of the American Bible Society. It may seem that Mr. Jay might, with more propriety, be called a statesman than a lawyer ; but the law was his profession, as it has been that of the many who have taken a 34 SUCCESS IN LIFE. part in the councils of the nation, or represented it abroad. His character well deserves careful study that noble character which gave him a title to those honors which encouraged his youth and adorned his age. It is a stimu lating example for all whom Hope beckons on to suc cess. The character of John Jay is simple and uniform ; it is perplexed by no eccentricities or contradictions. His public and his private life, his professions and his con duct, form one harmonious whole. Endowed by his Cre ator with a vigorous mind, a sound judgment, and a pi ous heart, he pursued right objects ; selected his means with an almost intuitive perception of their fitness, and used them with a prudence that rarely failed to ensure success. Formed by nature with that irritability of tem per which is so often at once the attendant and the bane of genius, he acquired a degree of equanimity seldom attained by any. Although warm, constant, and disinterested in his friendships, he indulged no feelings of hostility toward those who attempted to injure him ; and no act of his life is known that indicated a desire for revenge. He was, however, free from that weak confidence which too often makes well-disposed men the dupes of artifice and malice. Having once had good cause to doubt a man's sincerity or integrity, he never after trusted him. " Separate your self from your enemies," was the rule by which he regu- THE LAWYER. 35 lated his conduct toward those who wished him ill ; and in the whole course of his life he never deserted a friend nor courted an enemy. A sense of future accountability seems to have been always present to his mind, and he esteemed the sentence his fellow-men might pass upon him, when compared with the realities of the judgment-day, as the dust of the balance. Few could claim a more entire exemption from the sins comprehended in the lust of the eyes and the pride of life. Although for many years filling stations which ne cessarily brought him into constant intercourse with the rich and the fashionable, his dress, furniture, and equi page were always as plain and frugal as propriety would permit. As a republican, he thought it became him to set an example of plainness and simplicity ; *as a Chris tian, he acknowledged the obligation to be temperate in all things. But his frugality had nothing in common with parsimony. " A wise man," he said, " has money in his head, but not in his heart." His contributions to the ever-varying calls of religion and benevolence were cheerful and generous. It was a favorite saying with him, that ostentation and rapacity go together. He was liberal in all his contracts, acting on the maxim that no hard bargain is a good one. To his poor neighbors he often made loans without interest, and when payment could not be exacted except by distressing them, he for- 36 SUCCESS IN LIFE. gave the debt, and to his bounty were they frequently in debted for food, clothing, and medical attendance. A distinguishing trait in Mr. Jay's character was mod esty ; not an affectation of inferiority to others, or a dis trust of his own powers, but a total absence of all en deavor to attract admiration. He assumed no impor tance, claimed no deference, and boasted of no merit. He had had full experience of the pleasures and the pains of public life, and his advice to his sons was, never to ac cept an office, except from a conviction of duty. His patriotism, prompted and guided by the precepts of Christianity, ever refused to make the smallest sacrifices of truth or justice to the cause of his country, while for the same object it was always ready to surrender what ever else was most dear to him. Much as he loved his country* he spurned the principle implied in the sentiment, " Our country, right or wrong ;" and on all occasions, public as well as private, inflexibly ad hered to the maxim that honesty is the best policy. Mr. Jay's religion was fervent, but mild and unosten tatious. Through life he continued a member of the Episcopal Church. On the whole, his life exhibits a rare but interesting picture of the Christian patriot and statesman, and justi fies the universal reverence for his character so eloquent ly described in an address delivered, soon after his death, by G. C. Verplanck ? Esq. THE LAWYER. 3V " A halo of veneration seemed to encircle him as one belonging to another world, though lingering among us. When the tidings of his death came to us, they were re ceived through the nation, not with sorrow or mourning, but with solemn awe, like that with which we read the mysterious passage of ancient Scripture,- ' AND ENOCH WALKED WITH GoD, AND HE WAS NOT, FOR GOD TOOK CHAPTER FIFTH. UNITY OF'PURPOSE. JOHN MARSHALL. " Reason frowns on him who wastes that reflection on a destiny independent of him self, which he ought to reserve for actions of which he is master." Sir Jas. Mclntosh. " Whoever is not forced by necessity, but feels within him, growing with his growth, an inclination as true and unvarying as the maguetic needle, let him follow its pointing, trusting to it as a compass in the desert." THE power of concentrating thought, or what the phrenologists call concentrativeness, is a primary requi site for an able lawyer. Without it, he may become an eloquent orator and a persuasive pleader, but not a con vincing advocate, nor a wise counselor. In addition to this intellectual faculty, he must possess an indomitable will a will, irresistible as the lightning which splits " the gnarled, unwedgeable oak," and constant as the at traction of gravitation. The recklessness with which young men squander the glorious talents with which they have been endowed by the Creator is marvelous, pitiful. Instead of a fixed, THE LAWYER. 39 determinate aim, toward which all efforts converge, they try their skill, now in this direction, and then in one diametrically opposite. (6.) Gathering flowers where fancy leads, and laurels which will be in " the sere and yellow leaf" before the wearers have reached the meridian of life, they gradually pass into the shade of mediocrity, and their suns set ingloriously. Distinction, in any profession, is not the reward of such divided effort. There must be early, continuous, self-denying labor. Without such unwearied application, talents the most commanding will not give the impulse necessary to reach the aim. The sinewy arm of the long-practiced archer can only draw the bow of Ulysses, and the calm, steady eye can only send the arrow to the mark. The unity of purpose, which ensures success, does not, by any means, reject those acquirements which are sec ondary or subsidiary. The old adage says, " Every part helps every other part." The most eminent law yers have not neglected mathematical studies, nor the cultivation of taste, yet these were subordinates, and kept their place in the ranks.* A fine example of the unity of purpose here recom mended, is furnished by the late Chief Justice Marshall. (6.) " Many a man has lost being a great man, by splitting into two middling ones." * Note B. 40 SUCCESS IN LIFE. There is no denying it, Virginia and Massachusetts grow* great men. Among Virginia's noblest sons was John Marshall. How came he to be a great man 1 John's father, Thomas Marshall, was a planter ; not a rich planter, but a man of moderate fortune. A lim ited education, even for the times in which he lived, was all that the planter received ; and yet he was a man of uncommon ability, and made the best possible use of the means afforded him for the acquisition of knowledge. He was a man of strong, good sense, and commanded the reverence, and won the confidence and affection of his children. John was the eldest of fifteen children. All these children were richly endowed with intellect ; but it was a pleasure to this eldest-born to declare, when he stood among the foremost men of the country, that his father was superior to any of his gifted sons. This he was accustomed to say when he was capable of appreciating intellectual character. John was, literally, a backwoodsman, for Fauquier county lay upon the western frontier of the State. There were no schools in the neighborhood. Colonel Marshall taught his own children, and thus gave their infant minds such a bent and inclination as suited his own taste. Happily it was a correct one, for no gnarled and twisted a twigs" seem to have been the consequence. * To grow wheat, rice, (fee., is a Southern provincialism. THE LAWYER. 41 Colonel Marshall was a devoted admirer of English classic literature. For history and poetry especially, he had a strong inclination, which John early imbibed. The wild adventure and romantic scenery of the new settlements would tend to excite the imagination, and call out energy and activity. The Indians were their neighbors, and might at any time become foes. Inter minable forests stretched their umbrageous shades to the far- west. Mountains and ravines, dark, unexplored cav erns, and foaming cataracts, met the view of the young adventurer. " Genius is a fire that is early enkindled in the soul." There are few great men who have not in early life dallied with the muses. Amid beautiful scenery, and with the course of read ing which young Marshall pursued, it is not surprising that there was an early manifestation of poetical senti ment, and an attempt to form " the sounding line." " At the age of twelve, John Marshall had transcribed Pope's Essay on Man, and also some of his moral essays. The love of poetry, thus awakened in his warm and vigorous mind, never ceased to exert a commanding in fluence over it." At the age of fourteen, John Marshall was sent from home, and placed under the care of Mr. Campbell, a respectable clergyman. After remaining a year with this gentleman, he returned to the house of his father, 4* 42 SUCCESS IN LIFE. who had procured a tutor to reside in his family. At the end of this year he had commenced reading Horace and Livy. " His subsequent mastery of the classics was the result of his own efforts, without any other aid than his grammar and dictionary. He never had the benefit of an education at any college, and his attain ments in learning were nursed by the solitary vigils of his own genius. His father, however, continued to superintend his English education, to cherish his love of knowledge, to give a solid cast to his acquirements, and to store his mind with the most valuable materials. He was not merely a watchful parent, but an instructive and affectionate friend, and soon became the most con stant, as he was at the time almost the only intelligent companion of his son. The time not devoted to his society was passed in hardy, athletic exercises, and prob ably to this circumstance was owing that robust con stitution which remained fresh and firm in a green old age."(7 ) But the American Revolution came on, and other in terests were, for a time, merged in that great event. In 1775, John Marshall was appointed first lieutenant in a company of minutemen, enrolled for actual service. Lieutenant Marshall was engaged in the battle of the Great Bridge, where the British troops, under Lord (7.) " The body ought to be the soul's best friend, and cordial, dutiful helpmate." THE LAWYER. 43 Dunmore, were repulsed with great gallantry. In 1777, he was promoted to the rank of captain, and fought in the memorable battles of Brandywine, Germantown, and Monmouth. During a season of inaction, he attended the law lectures of Mr. Wythe, afterward Chancellor of the State, and a course of lectures on natural philoso phy, given by Mr. Madison, President of William and Mary College, Virginia. After thus passing the winter and spring of 1779-80, in the summer he obtained a license to practice law. In October he returned to the army, and continued in service till the next February, 1781. These circumstances are dwelt upon more particu larly, to show how few were the advantages of education received by John Marshall, compared with the elaborate and finished education of the present day. The best part of education, after all, is that which a man gives himself. Most young men have intellectual power enough, if constantly and effectively applied, to become useful and highly respectable in their trade or profession. The difficulty usually is, that they are too weak of pur pose, too fluctuating and unsteady in their aims and efforts. (8.) The moment the leading-strings of their guardians and preceptors are loosened, they stumble and stagger under the weight of responsibility resting upon them, and too often fall by the way- side, weary with the (8.) " II y a cent bonne tetes pour une ame ferme." Baron Wessenberg. 44 SUCCESS IN LIFE. strife. Not so with Marshall ; he braced up strong sin ews and steady nerves for mental, as he did for physical encounter. He rapidly rose to distinction at the bar. In the spring of 1782, he was elected a member of the State Legislature, and in the autumn of the same year a mem ber of the Executive Council. In 1783, he married Miss Ambler ; a happy union, which continued for nearly fifty years. The dangers and difficulties of those days drew tal ent of all kinds into one channel ; and lawyers were, almost of necessity, statesmen. Although Marshall devoted time to legal study and to practice, yet the affairs of the confederacy, at this crisis, demanded his enlightened efforts and powerful support. Dangers men aced the infant republic, and Marshall was one of those wise " statesmen who have ears to hear the distant rustling of the wings of Time. Most people only catch sight of Time when it is flying away. When it is over head, it darkens their view." After the adoption of the Constitution of the United States, some of the leading features of which Marshall had eloquently and power fully advocated, he determined to relinquish public life, and to devote himself exclusively to his chosen profes sion. But, having been unanimously elected a represen tative to the State Legislature by the citizens of Richmond, he reluctantly yielded to the earnest wishes of his con- THE LAWYER. 45 stituents. For three successive years he continued in the Legislature, and then declined a re-election. But again he was induced, at a trying period in the history of Virginia, to become one of her legislators. President Washington requested Marshall to accept the office of Attorney-General of the United States, but he declined it, upon the ground of its interference with his lucrative practice in Virginia. He was also solicited by Washington to accept the place of Minister to France, which he respectfully declined. He afterward accepted the appointment of Envoy to Amsterdam, in conjunction with General Pinckney and Mr. Gerry. Upon him principally devolved the duty of preparing the official dispatches. " They are models of skillful reasoning, forcible illustration, accurate detail, and urbane and dig nified moderation." On his return home, Mr. Marshall resumed his pro fessional labors with high hopes, for he had lost few clients during his absence, and new ones were daily added to the list. He peremptorily refused to become a candidate for Congress for a while ; yet, he could not turn a deaf ear to the urgent entreaty of one whose persuasive arguments were seldom resisted. General Washington invited Mr. Marshall to pass a few days at Mount Vernon, whither he went in company with Mr. Justice Washington. Washington did not for a moment disguise the object 46 SUCCESS IN LIFE. of his invitation. It was to urge upon Mr. Marshall and Mr. Washington the propriety of their becoming candi dates for Congress. Mr. Washington yielded to the wishes of his uncle, without a struggle ; but Mr. Mar shall resisted, on the ground of his situation, and the necessity of attending to his private affairs. General Washington said, that u there were crises in national affairs which made it the duty of a citizen to forego his private for the public interest. He considered the country to be then in one of these." The conversation was long, animated, and impressive, full of the deepest interest, and the most unreserved confi dence. It had its effect. Mr. Marshall became a can didate, and was elected to Congress. Before his election he was offered a seat on the bench of the Supreme Court, by President Adams. This he declined, and Mr. Bush- rod Washington was appointed. In May, 1800, Mr. Marshall was nominated by the President to the office of Secretary of War. In 1801, he became Chief Justice of the United States an office which, by many, is con sidered the highest in our country. " The fame of the warrior(9.) is forever embodied in the history of his country, and is colored with the warm lights reflected back by the praise of many a distant age. The orator and the statesman live not merely in the rec- (9.) "The greatness of the warrior is poor and low compared with the magnanimity of virtue." THE LAWYER. 47 ollections of their powerful eloquence, or the deep im pressions made by them on the character of the genera tion in which they lived, but are brought forth for public approbation in political debates, in splendid volumes, in collegiate declamations, in the works of rhetoricians, in the school-books of boys, and in the elegant extracts of after life." " The place of justice," says Lord Bacon, " is a hal lowed place," and he who holds that place and there sus tains the majesty of the law, is to be venerated from age to age. In the character of Chief Justice Marshall, moderation was united with firmness, sagacity with mod esty, learning with experience and solid wisdom. " What, indeed, strikes us as most remarkable in his whole character, even more than his splendid talents, is the entire consistency of his public life and principles. There is nothing in either which calls for apology or con cealment. Ambition never seduced him from his princi ples, nor did popular clamor deter him from the strict performance of duty." Amid the extravagances of party spirit, he has stood with a calm and steady inflexibility ; neither bending to the pressure of adversity, nor bounding with the elasti city of success. He has lived as such a man should live (and yet how few deserve the commendation), by and with his principles. If we were- tempted to say in one word what it was in which he chiefly excelled other men. 48 SUCCESS IN LIFE. we should say in wisdom ; in the union of that virtue which has ripened under the hardy discipline of princi ples, with that knowledge which has constantly sifted and refined its old treasures, and as constantly gathered new." " Interesting as it is to contemplate such a man in his public character and official functions, there are few great men to whom one is brought near, however dazzling maybe their talents or actions, who are not thereby painful ly diminished in the estimate of those who approach them. The jnist of distance sometimes gives a looming size to their character, but more often conceals its defects. To be amiable as well as great, to be kind, gentle, simple, modest, and social, and at the same time to possess the rarest endowments of mind, and the warmest affections, is a combination devoutly to be wished, but seldom met. Yet Chief Justice Marshall was in the domestic circle exactly what a wife, a child, a brother, and a friend would most desire." CHAPTER SIXTH. WILLIAM PINCKNEY, "II possedait, au plus haut degre, ces facultes brillantes qui president aux arts d'imagination mais qui constituent aussi, ou qui fecondent 1'esprit d'invention, danstous les genres ; cette vivacite, et cette energie de concep tion qui rendent une nouvelle vie aux objets, en les exprimant, et qui les embelliscnt encore, en les faisant revivre. Toutefois et par une rencontre aussi heureuse que rare, il etait egalement doue do ces qualites eminentes, qui ferment les penseurs. Exerce aux meditations profondes il etait capable de suivre avec incroyable perseverance les deductions les plus etendues ; il savant atteindre par un regard penetrant, les distinctions les plus deli- cates, et quelquefois les plus subtiles." De Gerando. ONE of the most brilliant luminaries of the law came near hiding his legal talents under a bushel. William Pinckney, of Annapolis, in Maryland, 10 commenced the study of medicine, but happily discovered that he had mistaken his vocation, and turned his attention to the le gal profession. He seems to have lost no time in fitting himself for it, as we learn that, at the age of twenty- two, he was admitted to the bar. Let us see with what equipments he was provided for 10 William Pinckney was born A. j>. 1764. 5 50 SUCCESS IN LIFE. the forensic field. He was carefully instructed in clas sical studies by a private teacher, to whom he afterward rendered the warmest tribute of gratitude and aifection. For three years he pursued his legal studies under Mr. Justice Chase, an eminent lawyer of the Maryland bar. During this time he disciplined his mind by the cultiva tion of logic, so that no fallacies could be imposed upon his understanding. He became acute in his perception of truth, and dexterous in the use of arguments for its support. He had perfect command of his native lan guage, and poured it forth in a rich, melodious voice, accompanied by an animated and graceful delivery. To all these he added a person dignified and manly, and a fine, strong physiognomy. It is not surprising, therefore, that his first efforts at the bar were hailed as omens of future distinction. In 1796, Mr. Pinckney was induced to leave his pro fessional pursuits and accept the appointment of Commis sioner to Great Britain. He went with his family to London, where he resided for eight years. In one of his letters written during this absence, he says, " It is my most earnest wish to return home with out loss of time, and to apply in earnest to my profession, for the purpose of securing, while my faculties are unim paired, a competence for my helpless family. A few years of professional labor will bring me into the sere and yellow leaf of life, and if I do not begin speedily, I THE LAWYER. 51 shall begin too late. I am used to adverse fortune, and know how to struggle with it ; my consolations cannot easily desert me the consciousness of honorable views, and the cheering hope that Providence will yet enable me to pass my age in peace. It is not of small importance to me that I shall go back to the bar cured of every pro pensity that could divert me from business stronger than when I left it and, I trust, somewhat wiser. In regard to legal knowledge, I have been a regular and industri ous student for the last two years, and I believe myself to be a much better lawyer than when I arrived in Eng land." In another letter he makes some remarks on party spirit, which it would be well for every young American* to reflect upon conscientiously. " I am prepared," says Mr. Pinckney, " on my re turn, to find the spirit of party as high and phrensied as the most turbulent would have it. I am even prepared to find a brutality in that spirit which in this country (England) either does not exist, or is kept down by the predominance of a better feeling. I lament that this is so ; and I wonder that it is so for the American people are generous and liberal, and enlightened. We are not, I hope, to have this inordinate zeal, this extravagant fanaticism entailed upon us, although really, one might almost suppose it to be a part of our political creed, that internal tranquillity, or rather the absence of domestic 52 SUCCESS IN LIFE. discord, and a rancorous contention for power, was in compatible with the health of the state, and the liberty of the citizen. I profess to be temperate in my opinions, and shall put in my claim to freedom of conscience ; but when both sides are intolerant, what hope can I have that this claim will be respected ?" Mr. Pinckney returned to the United States in 1804, and " immediately resumed with renewed ardor his pro fessional pursuits. During his long residence in Eng land, he had never laid aside his habits of diligent study, and had availed himself of opportunities for intercourse with the accomplished lawyers of that country. He was in the constant habit of attending the debates in the two houses of Parliament ; a higher standard of literary at tainments than had been thought necessary to embellish and adorn the eloquence of the bar in his own country, was held up to his observation. He employed his leisure hours in endeavoring to supply what he now found to be the defects of his early education, by extending his knowl edge of English and classical literature. He devoted pe culiar attention to the subject of Latin prosody and Eng lish elocution, aiming, above all, to acquire a critical knowledge of his own language its pronunciation its terms and significations its synonymes ; and, in short, its whole structure and vocabulary. By these means, he added to his natural facility and fluency, a copiousness and variety of elegant and appropriate diction, which THE LAWYER. 53 graced even his colloquial intercourse, and imparted new strength and beauty to his forensic style." 11 Mr. Pinckney removed from Annapolis to Baltimore, after his return from England, and in 1805, he was ap pointed to the office of Attorney-General of the State of Maryland. But events of stirring interest to the coun try again called him from his favorite pursuits. He was induced by Mr. Jefferson to accept the appointment of Minister Extraordinay to Great Britain, in conjunc tion with Mr. Monroe, to treat with the British Cabinet, on matters which then agitated the two countries, and which finally resulted in the war of 1812-14. With regard to the acceptance of this responsible mis sion, he says in a letter to a friend : " The plain matter of fact is, a great national crisis occurs, which requires, or is supposed to require, an extraordinary foreign mis sion. The President, whom I might be said to know only by character, offers this important charge to me. I give up my profession. I surrender all my hopes of fu ture fortune. I forego a second time, and forever, the 11 To the young man, it is strongly recommended to keep a Com mon-place Book. If he designs to be a lawyer let one portion of the book be specially devoted to law no matter how much he enriches this department, with extracts and quotations having a direct bearing upon law, but, at the same time, let him cull freely and frequently from the wide fields of general literature. The variety of elegant and appropriate diction, thus copied out by his hand, will give tone and vigor to his own style, without making him an imitator. 5* 54 SUCCESS IN LIFE. expectation of placing my numerous and helpless family in a state of independence. I am willing to admit that I may have acted improvidently, but I am quite sure that I have not deviated from that path of honor in which, with an approving conscience, I have walked from my boyish days. My appointment is known to have been as completely unsolicited as ever appointment was from the beginning of the world." Mr. Pinckney earnestly endeavored to remove by pacific means the obstacles thrown in the way of a neutral com merce, and strenuously maintained the honor and rights of his country. He met with many and great discourage ments. During all the time of his absence he was anx ious to return to his beloved home, and yet the interests of the country demanded his stay. In a letter to Mr. Madison, who had succeeded Mr. Jefferson in the Presidency, Mr. Pinckney says, " I pray you most earnestly to recall me immediately, if you find it in any way expedient to do so. Believe me, I shall go back to my profession with a cheerful heart." Again he writes to Mr. Madison, " I ask your leave at this time to close my mission here, because I find it im possible to remain. Age is stealing upon me, and I shall soon have lost the power of 'retrieving the time which has been wasted in endeavors to deserve well of my country. Every day will make it more difficult to resume the hab its which I have twice improvidently abandoned. At THE LAWYER. 55 present, I feel no want of cheerful resolution to seek them again, as old friends which I ought never to have quitted, and no want of confidence that they will not dis own me." Finding that all remonstrance on the part of our government was useless, the President recalled Mr. Pinckney. On the 1st of February, 1811, he had an au dience of leave, at Carlton House, and soon after em barked for home in the frigate Essex, and arrived in June. With his accustomed alacrity and ardor, he im mediately resumed the labors of his profession. In the following December, the President offered him the appointment of Attorney- General of the United States, which he accepted ; but finding it inconvenient to reside at the seat of government, he soon resigned the office. Mr. Pinckney was actively engaged in the defence of the country, during the war. He commanded a volunteer corps, with which he marched to Bladensburg, at the time of the attack on the city of Washington by the British, under General Ross. He conducted with great gallantry in the action at Bladensburg, and was severely wounded. After the peace, he resigned his command. Mr. Pinckney was soon after sent as a Representative to Congress, from the city of Baltimore. It would seem that, however strong might have been his desire to pur sue his profession, the calls of his country were too urgent to be resisted. 56 SUCCESS IN LIFE. The biographer mentions that Mr. Pinckney frequently came in conflict -with the great abilities of Samuel Dex ter, whom he pronounces one of the ablest men this country has produced. He adds, " The manner in which Samuel Dexter combined the various talents and attainments of the common lawyer, the civilian, and the statesman, may be appealed to as a striking example of those expansive views, and liberal studies, which distin guished the more eminent advocates at the American bar." Samuel Dexter was the son of an eminent merchant of Boston, of the same name. The Dexter Professorship of Sacred Literature, at Harvard University, was founded by the elder Dexter, who was one of the distinguished patriots of the Revolution. " The son was graduated at that University, in 1781. After being admitted to the bar, he rose rapidly to emi nence in his profession, and in the public councils of his native State." He was elected first as a Representative, and then as a Senator to Congress, where he took a high standing as an eloquent and able debater. During the administration of the first President Adams, he was appointed Secretary of War, and of the Treasury. " The features of the intellectual character of Mr. Dexter presented a strong contrast with those of Mr. Pinckney. He had cultivated his powers by silent medi- THE LAWYER. 57 tation and reflection, rather than by the study of books. Without being at all deficient in mere technical learning, he relied mainly upon his own distinguished faculties ; and, in his legal investigations, sought for those original principles which lie at the foundation of every civilized code. His forensic style was marked by a strong meta physical logic, combined with great purity and simplicity of diction ; and he unfolded the most perplexed and in tricate questions of public and private law with a power of analysis which seemed almost intuitive." CHAPTER SEVENTH. ENERGY AND PERSEVERANCE. WILLIAM PINCKNEY. " Energy is Haifa man's capacity." President Dwight. ONE of the most remarkable features in the character of Pinckney, was his indomitable perseverance. Not withstanding the frequent diversion of his splendid talents into other channels, he returned to the law with fresh ardor and zeal. " His brilliant success at the bar was as much the effect of extraordinary diligence and labor, as of his genius and rare endowments of mind. His continued application to study, writing, and public speaking, a physical constitution as powerful as his intel lectual, enabled him to keep up with a singular perse verance. He was never satisfied with investigating his causes, and took infinite pains in exploring their facts and circumstances, and all the technical learning con nected with them. He constantly continued the practice of private declamation as a useful exercise ; and was in the habit of premeditating his pleadings at the bar, and THE LAWYER. 59 his other public speeches, not only as to the general order or method to be observed in treating his subject, the authorities to be relied upon, and the leading topics of illustration, but frequently as to the principal passages and rhetorical embellishments. These last he sometimes wrote out beforehand, not that he was deficient in facility or fluency, but in order to preserve the command of a correct and elegant diction. All those who have heard him address a jury, or a deliberative assembly, know that he was a consummate master of the arts of extemporane ous debating ; but he believed, with the most celebrated and successful orators of antiquity, that the habit of written composition is necessary to acquire and preserve a style at once correct and graceful in public speaking without this aid it is apt to degenerate into colloquial negligence, and to become enfeebled by tedious verbosity. His law papers were drawn up with great care, and his written opinions were elaborately composed, both as to matter and style." Mr. Pinckney engaged in the performance of his profes sional duties with unusual zeal, always regarding his own reputation as at stake, as well as the rights and interests of his clients, sensibly alive to everything which might affect either. He spoke with great ardor and vehemence. It must be evident that the most robust constitution would not be sufficient to sustain such intense and unin- termitted labor, where every exertion was a contest for 60 SUCCESS IN LIFE. victory, and each new success a fresh stimulus to ambi tion. He therefore found it necessary to vary his occu pations, and to retire altogether from the bar for a season. He accepted the appointment of Minister Plenipoten tiary to the Court of Russia, and of Special Minister to that of Naples. Mr. Pinckney said to one of his friends, " There are those who wonder that I will go abroad, however honora ble the service. They know not how I toil at the bar ; they know not all the anxious days and sleepless nights ; I must breathe awhile ; the bow forever bent will break. Besides, I want to see Italy the orators of Britain I have heard but I want to visit that classic land, the study of whose poetry and eloquence is the charm of my life. I shall set my foot on its shores with feelings that I cannot describe, and return with new enthusiasm, I hope new advantages, to the habits of public speaking." Mr. Pinckney sailed for Naples in the Washington, commanded by Commodore Chauncey, and landed on the classic shores of Italy on the 26th of July, 1816. He immediately applied himself to the business of his mis sion. Some obstacles in the way of his Russian mission presented themselves, but they were removed, and he went to St. Petersburg, where he remained for nearly two years. A gentleman who became acquainted with Mr. Pinckney at St. Petersburg, in a letter to a friend at home, among THE LAWYER. 61 other things, mentions that " his (Mr. Pinckney's) great forte was his thorough and exact acquaintance with the English language, with its best models of diction, with its significations, its grammar, and its pronunciation. Upon this he prided himself exceedingly, and well he might, for you know the singular art and skill with which he displayed his mastery over his own language ; his power of using it with astonishing force, elegance, and accuracy, in the simplest conversation, upon common topics, in his legal arguments, which were to instruct and influence the finest minds in the country, and in the debates of the Senate, which were to aflect permanently and vitally the destinies of the nation." After about two years' residence abroad, Mr. Pinckney asked to be recalled ; and, soon after his return home, he was elected to the Senate of the United States. This was in 1820. He continued his professional labors with the same in tense application and ardent desire of success which had marked his whole career. But his busy life was hurrying to a conclusion. He died at Washington, on the 25th of February, 1822. The character of Pinckney, as delineated by Wheaton, is one which every aspirant for legal distinction should carefully study. To extraordinary natural endowments, Mr. Pinckney added deep and various knowledge in his profession. 6 62 SUCCESS IN LIFE. A long course of study and practice had familiarized his mind with the science of jurisprudence. He had felt himself originally attracted to it by invincible inclina tion j it was his principal pursuit in life, and he never entirely lost sight of it in his occasional deviations into other pursuits and employments. He was devoted to the law with a true enthusiasm ; and his other studies and pursuits, so far as they had a serious object, were valued chiefly as they might minister to this idol of his affections. He said, " the bar is not the place to acquire or preserve a false or fraudulent reputation for talents ;" and, on that theatre, he felt conscious of possessing those powers which would command success. When actively engaged in the practice of his profes sion, he toiled with almost unparalleled industry. All other pursuits, the pleasures of society, and even the repose which nature demands, were sacrificed to this en grossing object. His character, in this respect, affords a bright example for the younger members of the profes sion. His entire devotion to his professional pursuits was continued with unremitting perseverance to the end of his career. He continued to exert all his faculties, as if his entire reputation were staked on each particular display. JVb abilities, however splendid, can command success at the bar, without intense labor and persevering appli cation. THE LAWYER. 63 Mr. Pinckney enjoyed the reputation of having been rarely equaled, and, perhaps, never excelled in the power of reasoning upon legal subjects. His mind was acute and subtle, and, at the same time, comprehensive in its grasp, rapid and clear in its conceptions, and sin gularly felicitous in the exposition of the truths it was employed in investigating. His style does not appear to have been originally modeled after any particular standard, or imitated from the example of any particular writer or speaker. It was formed from his peculiar manner of investigating and illustrating the subjects with which he had to deal ; and was impressed with the stamp of his vigorous and com prehensive intellect. It displayed, occasionally, the copiousness, fore?, and idiomatic grace, and the boldness and richness of metaphor which distinguished the old writers of English prose. But in all its essential quali ties, Mr. Pinckney's style was completely formed long before he had the advantage of studying any of these models of eloquence. Whoever has listened to him on a dry and complica ted question of mere technical law, when there seemed to be nothing on which the mind delighted to fasten, must recollect what a charm he diffused over the most in tricate and arid discussions by the clearness and purity of his language, and the calm flow of his graceful elocution. His favorite mode of reasoning was from the analogies 64 SUCCESS IN LIFE. of the law ; and whilst he delighted his auditory by his powers of amplification and illustration, he instructed them by tracing up the technical rules and positive insti tutions of jurisprudence to their original principles and historical source. Of the extent and solidity of his legal attainments, it would be difficult to speak in adequate terms, without the appearance of exaggeration. He was profoundly versed in the ancient learning of the common law, its technical peculiarities and feudal origin. He was famil iar with every branch of commercial law, and extensively acquainted with the principles of international law. His favorite law-book was the Coke Littleton, which he had read many times. Its principal texts he had treasured up in his memory, and his arguments at the bar abounded with perpetual recurrences to the principles and analogies drawn from this rich mine of common-law learning. He was not what is commonly called a learned man, but he excelled in those branches of human knowledge which he had cultivated as auxiliary to his principal pursuit. It has been already mentioned that he was a thorough master of the English language its whole structure and vocabulary. He used to relate to his young friends an anecdote, which explains one of the motives which in duced him at a mature age, and after he had risen to em inence, to review and extend his classical studies, and at THE LAWYER. 65 the same time illustrates one of the most remarkable traits of his character that resolution and firmness of purpose with which he devoted himself to the acquisition of any branch of knowledge he deemed it desirable to possess. During his residence in England, some ques tion of classical literature was discussed at table in a social party where he was present, and the guests in turn gave their opinions upon it. Mr. Pinckney being silent for some time, an appeal was at length made to him for his opinion, when he had the mortification to be compelled to acknowledge that he was unacquainted with the sub ject. In consequence of this incident, he was induced to resume his classical studies, and actually put himself un der the care of a master for the purpose of reviewing and extending his acquaintance with ancient literature. During the whole course of his active and busy life, Mr. Pinckney pursued his professional studies, and those which related to the English language, with the strictest method and perseverance. In other respects he seems to have read in the most desultory manner possible, to gratify his curiosity and to keep pace with the current literature of the day. His tenacious memory enabled him to retain the stores of miscellaneous knowledge he had thus acquired, and his mind was enriched with liter ary and historical anecdote. His profession was the engrossing pursuit of his life, and beyond that his talents shone most conspicuously in 6* 66 SUCCESS IN LIFE. those senatorial discussions which fall within the province of the constitutional lawyer. When some members of the Senate were accused of ambitious motives, Mr. Pinckney said, " For myself I can truly say, that I am wholly destitute of what is com monly called Ambition. It is said that Ambition is the disease of noble minds. If it be so, mine must be a vul gar one, for I have nothing to desire in this world but professional fame, health and competence for those who are dear to me, a long list of friends among the virtuous and the good, and honor and prosperity for my country." From a letter written from St. Petersburg by some person well acquainted with Mr. Pinckney, we learn that " his neatness and attention to the fashionable cos tume of the day were carried to an extreme, which ex- jjbsed him, while at home, to the charge of foppery and affectation. But it should be remembered how large a portion of his life he had spent abroad, and in the high est circles of European society. Though he undoubt edly piqued himself upon being a finished and elegant gentleman, yet his manners and habits of dress were ac quired in Europe, and so far from being remarkable there, they were in exact accordance with the common and established usages of men of his rank and station."* * From a lawyer's common -place book, " Cleanliness is to be cul tivated. 1st. It is a mark of politeness. 2d. It produces love. It bears an analogy to purity of mind/' THE LAWYER. 67 The lawyer's dress and address are his first letters of introduction. He makes his own way afterward. It is said of Sir Matthew Hale, that in his youth " he loved fine clothes," but that he passed from the " ex treme of vanity in his apparel, to that of neglecting him self too much," and was, in consequence of his shabby appearance, once taken up by a press-gang, for the King's service ; " for he was a strong and well-built man, but some that knew him, coming by and giving notice who he was, the press-men let him go. This made him re turn to more decency in his clothes." The editor of the Life of Sir Matthew, in connection with this anecdote, quotes from an old English writer as follows : " Let thy apparel be decent, and suited to the quality of thy place and purse ; too much punctualitie and too much morositie are the two poles of pride." CHAPTER EIGHTH. WILLIAM WIRT'S CHILDHOOD. " For the strocture that we raise, Time is with materials filled ; Our to-days and yesterdays, Are the blocks with which we build." Longfellow. FOR the encouragement of young men laboring under serious disadvantages, an example will now be given of one who, in the words of his eloquent biographer,* " springing from an humble origin, was enabled to attain to high distinction among his countrymen." William Wirt was born in the year 1772. His father kept a tavern in Bladensburg, Maryland. William was the youngest of six children, and was early left an or phan, his father dying before he was two years old, and his mother before he had reached his eighth year. William was a lively, shrewd, pleasant-tempered, and beautiful boy, upon whom many eyes were turned in kindly regard. * Hon. John P. Kennedy, from whose " Life of Wirt" we have, with his permission, made copious extracts. THE LAWYER. 69 And well it was for the orphan boy that he won this kindly regard. In a charming autobiography, written for his own family, William Wirt has given an amusing and exceed ingly interesting account of his early life. He says, " In 1779, I was sent to Georgetown, eight miles from Bladensburg, to school. I was placed at boarding with the family of Mr. Schoolfield, a Quaker. They occupied a small house of hewn logs at the eastern end of Bridge street. Friend Schoolfield was a well-set, square-built, honest-faced, and honest-hearted Quaker ; his wife one of the best of creation. A deep sadness fell upon me when I was left by the person who accompanied me to Georgetown. When I could no longer see a face that I knew, nor an object that was not strange, I re member the sense of total desertion and forlornness that seized upon my heart. Unlike anything I have felt in after years, I sobbed, as if my heart would break, for hours together, and was utterly inconsolable, notwith standing the maternal tenderness with which good Mrs. Schoolfield tried to comfort me. Almost half a century has rolled over the incident, yet full well do I recollect with what gentle affection and touching sympathy she urged every topic that was calculated to console a child of my years. After quieting me in some measure by her caresses, she took down her Bible and read to me the story of Joseph and his brethren. It is probable I had 70 SUCCESS IN LIFE. read it before, as such things are usually read, without understanding it ; but she made me comprehend it, and in the distresses of Joseph and his father, I forgot my own. His separation from his family had brought him to great honor, and possibly mine, I thought, might be equally fortunate. I claim some sense of gratitude. / never forgot an act of kindness, and never received one that my heart has not impelled me to wish for some oc casion to return it. So far as my experience goes, I am persuaded, too, that doing an act of kindness, and still more, repeated acts to the same individual, are as apt to attach the heart of the benefactor to the object, as that of the beneficiary to the person who does him the service. It was so in this instance. I went to see Mrs. School- field after I became a man, and a warmer meeting has seldom taken place between mother and son." Here, then, is the secret of the " kindly regard," the affectionate, grateful disposition of the youthful Wirt. The romance of his character is exhibited, most amus ingly, in the following account of his first love. The boy must have been at the time eight years old. He tells the story as follows : " From Georgetown I was transferred to a classical school about forty miles from Bladensburg. I was board ed with a widow lady by the name of Love, and my resi dence in her family forms one of the few sunny spots in the retrospect of my childhood. There were two boys of THE LAWYER. VI us near the same age ; Johnson Carnes was rather older and larger than I was. He was a good, diffident, rather grave boy, with better common sense than I had : but he did not sing, was rather homely, and had no mirth and frolic in him ; I, on the contrary, was pert, lively, and saucy and they used to say pretty withal I said smart things sometimes, and sang two or three songs of humor rery well." " To crown all, I had a sweetheart, one of the prettiest cherubs that ever was born. Mr. Thomas Reeder lived on the banks of the Potomac. The house was of brick, situated on a high, airy bank, giting a beautiful view of the river, which is there four miles wide. Peggy Reeder was the only child of her parents, about my own age, rather younger, and as beautiful as it is possible for a child to be. We fell most exceed ingly in love with each other. She was accustomed to make long visits to her Aunt Love ; and no two lovers, however romantic, were ever more happy than we. On my part, it was a serious passion. No lover was ever more disconsolate in the absence of his mistress, nor more enraptured at meeting her. I do not know whether it is held that the affections keep pace with the intellect in their development, but I do know that there is nothing in the sentiment of happy love which I did not experience for that girl, in the course of the two years when I re sided as Mrs. Love's. When I left there we were firmly 72 SUCCESS IN LIFE. engaged to be married at the following Easter. I felt proud and happy, not in the least doubting the fulfillment of the engagement at the time appointed. u As for school, Mr. Dent was a most excellent man, a sincere and pious Christian, and, I presume, a good teacher. In the two years, Johnson Carnes and myself got as far advanced as Caesar's Commentaries, though we could not have been well grounded, for when I chang ed to another school, I was put back to Cornelius Nepos. Mr. Dent was very good-tempered. I do not remember to have received from him a harsh word, or any kind of punishment, but once." The imaginative character of William Wirt's mind was early developed. He says, " I became sensible of the power of forming and pursuing, at pleasure, a day dream, from which I derived great enjoyment, and to which I found myself often recurring. There was nothing in the scenery around me to awaken such vagaries. It was tame, gentle, and peaceful ; there was neither in centive nor fuel for poetic dreams. Mine were the amusements of the dull morning walks from Mrs. Love's to the school-house. It was a walk of about two miles, and my companion was rather disposed to silence. I remember very distinctly the subject of one of these vagaries, from the circumstance of my having recalled, renewed, and varied it again and again, from the pleasure it afforded me. I imagined myself the owner of a THE LAWYER. 73 beautiful black horse, fleet as the winds. My pleasure consisted in imagining the admiration of the immense throngs on the race-field, brought there chiefly to witness the exploits of my prodigy of a horse. I could see them following and admiring him as he walked along by the course, and could hear their bursts of applause as he shot by, first one competitor and then another, in the race. The vision was vivid as life ; and I felt all the glow of triumph that a real victory could have given." Desire of distinction! How it already throbbed at the heart of the school-boy ! The next change in the early life of William Wirt was to the school of the Rev. James Hunt, the Presby terian minister in Montgomery county. There he board ed in the family of Major Magruder, a planter. The original name was MacGregor. " The Major showed marks of Highland extraction. He was large, robust, and somewhat corpulent, with a round, florid face, short, curling, sandy hair, and blue-gray eyes. He was strong of limb, fiery in temperament, hos pitable, warm-hearted, and rough. He was a magistrate, and ex officio a conservator of the peace, which, how ever, he was as ready, on provocation, to break as to preserve. At times, he was kind and playful with the boys ; but woe betide the unfortunate boy or man who became the object of his displeasure. Mrs. Magruder's contrast with her husband was striking. She was quiet, I SUCCESS IN LIFE. and generally silent. I do not remember having heard her speak a dozen times in the two years that I lived in the family. But the Major's voice I remember, as the loud north wind that used to rock the house and sweep the snow-covered field. They had a large family, seven sons and four daughters. The grown sons were numerous, and loud enough to keep the house alive, being some what of the Osbaldistone order, except that there was not a Rashleigh among them ; nor was there a Di Vernon among the girls." " Major Magruder's household embraced not less than twenty white persons. To these there was a constant addition, by visitors to the young people of the family. It was, in fact, an active, bustling, merry, noisy family, always in motion, and often in commotion. To me it was painfully contrasted with the small, quiet, affection ate establishment of Mrs. Love. There I had been the petted child, and supreme object of attention. Here I was lost in the multitude, unnoticed, unthought of, and left to make my way, and take care of myself, as well as I could. My hair, which, under the discipline of Mrs. Love's daughters, was as clean and soft as silk, now lost its beauty. I had been spoiled by indulgence, and was really unfit to take care of myself. I did not know how to go about it. Young as I was, I had reflection enough to compare the two scenes in which I had lived, to feel my present desolation, and to sigh over the past. The THE LAWYER. Y5 tune of Roslin Castle never recurred to my memory without filling my eyes with tears." " There was another circumstance which embittered my residence at Major Magruder's. One of my com panions was ill-tempered, and I became the peculiar object of his tyranny. There was that in my situation which would have disarmed a generous temper. I was a small, feebly-grown, delicate boy, an orphan, and a poor one, too, but these circumstances seemed rather to invite than to allay the hostility of this fierce young man. During the two years that it was my misfortune to be in the house with him, and his school-fellow, I suffered a wanton barbarity, that so degraded and cowed my spirit, that I wonder I have ever recovered it." This was the part of Wirt's life-apprenticeship which was to try his mettle. Here he undoubtedly lost the "pert" and "saucy" ways of which he accuses himself. Let us see how he sought to relieve himself from his persecutor. " The rest of the family were content to let me alone, and I became, at length, well content to be so. I can recall here the first experience I had of the refuge and comfort of solitude. 13 Often have I gone to bed long before I was sleepy, and long before any other member of the household, that I might enjoy, in silence and 12 " Solitude is the nurse of genius." *76 SUCCESS IN LIFE. to myself, the hopes which my imagination never failed to set before me. These imaginings rest on my memory with the distinctness of yesterday. I looked forward to the time when I should be a young man, and should have my own office^ of two rooms, my own servant, and the means of receiving and entertaining my friends with elegant liberality, my horse, and fine equipments, a rich wardrobe, and these all recommended by such man ners and accomplishments as should again restore me to such favor and affectionate intercourse as I had known at Mrs. Love's. I never dreamt of any other revenge on my tormenting school-fellow, than to eclipse him, arid make him sue for my friendship.'' These extracts from the autobiography, which, by the way, was only given by Mr. Wirt till his eleventh year, " sufficiently indicate the temperament of the boy, and give us no slight glimpses of the future aspirations of the man. They show how true an eye and how true a heart he had for the kindly influences that fell in the way of his youthful experience." " The ingenuous and quick-sighted boy" was, doubt less, shy and diffident, and the trials of his desolate con dition as an orphan, must have been greatly enhanced by his extreme sensitiveness. But where the boy felt entire confidence, he could be gay and light-hearted. Fortu nately, the aunt with whom he lived, while quite young, won that confidence, and before her, he exhibited traits of THE LAWYER. 77 character not observed by others, particularly the alterna tion from " grave to gay," from " thoughtfulness to light- hearted ease." When his uncle was debating with her the question of his education, she remarked, a When I look at that dear child, he scarcely seems one of us, and I weep when I think of him." " Such an expression," says Mr. Kennedy, " would seem to indicate some early presage of that superiority which his riper years developed." William Wirt remained until he was fifteen years of age at the school of Mr. Hunt. Here, he laid the firm foundation for his future intellectual career. " He ac quired some insight into astronomy, some taste for phys ics, some relish for classical study, but above all, some sharpness of appetite for the amusements afforded by the { run of the library .' " That library cheated him out of many a worse rec reation, and whilst it captivated his boyish imagination with its world of treasures, it served also to implant in his mind that love of various lore, which seeks its enjoy ment among the flowers that enamel the broad fields of literature." A taste for reading formed thus early, is indeed one of the most effectual preventives of vice. The gratifi cation of that taste is, moreover, taking the whole course of a long life into view, one of the highest enjoyments that man can have upon this earth. 7* 78 SUCCESS IN LIFE. " Many men who have won distinction by their intel lectual accomplishments, have been able to trace their first impulses toward an honorable renown, to the oppor tunities afforded by a miscellaneous library, and to the tastes which it has enabled them to improve." u There seems to have been in the case of William Wirt, quite a sufficient concentration of methodized study, in the pursuit of his own laborious profession, to justify and commend the habit of light and excursive reading in all other departments of science or literature. It may be said to have been Mr. Wirt's characteristic quality of mind, to perceive and keenly to relish the riches of that upper world of thought humane letters. These, comprehending in their scope nearly everything that is graceful in aesthetics, everything that is beautiful in art, glowing in poetry, and eloquent in thought, pre sent to the student a field of various observation, which can only be cultivated and enjoyed by the most appa rently desultory study." The lawyer who is thus prepared has a wide field for illustration, of immense advantage, when he comes to ad dress a jury. Wirt tried his pen first upon poetry. " He read how Pope 13 had first tempted his muse at twelve years of age. He himself was now thirteen ; why shouldn't he versify?" 13 " I lisped in numbers, for the numbers came." THE LAWYER. 79 Sure enough, why should not so imaginative a mind produce genuine poetry ? " He tried his hand at it, and failed. He accordingly resolved that nature had not made him a versifier. There was, however, the world of prose open to him, and forth with he set out upon that quest." This resolve was a fortunate one, for he might other wise have made only a second-rate poet, instead of a first-rate lawyer. At this very time, William Wirt was acquiring a taste for the profession in which he after ward became so distinguished. u Mr. Hunt was in the habit of taking his pupils to the Montgomery court, in term time, to give them some insight to those mysteries which may be said to be, in this coun try, the ladder to preferment. The court-house was some four miles from the school. The whole troop, headed by the Domine, went on foot, and with due so lemnity entered the rustic hall of justice, and took their seats in the unoccupied jury-box. Amongst the pleaders, one of the youngest was William H. Dorsey, well known to the school and neighborhood. He became their favor ite, and in their eyes a hero. Boys have a great instinct for hero-worship ; and worship with them is imitation." " Why should we not have a little court of our own ?" said the schoolboys. " Agreed." Mr. Hunt's school-room forthwith became the court room, and here the youthful Wirt first displayed the 80 SUCCESS IN LIFE. germs of that forensic eloquence which, in after years, charmed both judge and jury. He also drew up the con stitution for the youthful moot court and a prefatory let ter of apology. CHAPTER NINTH. WILLIAM WIRT'S BOYHOOD. "Build to-day, then, strong and sure, With a firm and ample base ; And ascending and secure, Shall to-morrow find its place," Longfellow. WHEN William Wirt was fourteen years old, he left school. His small patrimony was expended, and at this early age he was to be thrown upon his own resources for support. But his amiable deportment and his talents had won for him powerful friends. " Mr. Peter A. Carnes was an early patron and most useful friend to the lad. This gentleman belonged to the bar of Maryland. He had the best opportunities to observe the character of the young and sprightly boy, whose qualities were so well adapted to captivate his re gard. This acquaintance ripened into a strong and last ing attachment, which was subsequently manifested in the most substantial proofs of friendship to his family." Mr. Carnes afterward married Elizabeth, the eldest sister of William Wirt, and being thus connected, the interest in his protege increased, and he was able to ren der him essential service. 82 SUCCESS IN LIFE. " Besides Mr. Carries, there was another who now took an interest in the success of the youthful scholar, and whose connection with him had the most happy influ ence in shaping his career to that eminence which he af terward achieved." Ninian Edwards, afterward Governor of Illinois, was the classmate of Wirt at Mr. Hunt's school. When young Edwards went home, after the breaking up of that school, he carried with him the constitution of the moot court which Wirt had drawn up, and the prefatory re port. The father, Benjamin Edwards, it seems, was so much struck with the talent displayed in them, that he soon after wrote to Wirt, inviting him to come into his family as a tutor to his son Ninian and two of his nephews, who were preparing for college. Mr. Edwards assured the young tutor that his library should be at his service, and this would be a great advan tage in prosecuting his studies. Soon, " the pupil, now converted into a teacher, was most comfortably estab lished at Mount Pleasant as this seat was appropriate ly called ' .1 the bosom of a hospitable, cultivated, and estimable family." Who will presume to say that merit does not meet with reward ? Here was a lad of only fifteen, promoted above his school-fellows, and making his way in the world. His first step is taken upon the ladder of eminence. He was now brought under genial influences. Mr. Edwards THE LAWYER. 83 was well versed in general literature, his mind was strong, direct, and trained to reflection ; his demeanor challenged respect and esteem by its dignity ; his char acter, public and private, was distinguished for lofty pat riotism and inflexible virtue. His manners were affable, and particularly agreeable to the young." " To the last day of his life, Wirt could not speak of Benjamin Edwards but with a grateful affection, which seemed to be even more than filial." When Wirt had conquered the obstacles of poverty, and, as Mr. Kennedy forcibly remarks, had hewn his way to a brilliant reputation, he wrote to his benefactor as follows : u You have taught me to love you like a parent. Well indeed may I do so, since to you, to the influence of your conversation, your precepts and your example in the most critical and decisive period of my life, I owe whatever of useful or good there may be in the bias of my mind or character. Continue, then, I im plore you, to think of me as a son, and teach your chil dren to regard me as a brother : they shall find me one indeed, if the wonder-working dispensations of Provi dence should ever place them in want of a brother's arm, or mind, or bosom." The young tutor's destination was the bar, but after all, there were many drawbacks tp his success. He was shy and timid. ^ His enunciation was thick and indistinct, marked by a nervous rapidity of utterance. " Round, 84 SUCCESS IN LIFE. *'"* clear, and dauntless speech," may well be considered the lawyer's first, second, and third recommendation to the public. Mr. Edwards encouraged his young friend to overcome these obstacles. He told him how many distinguished men had either broken down, or feared a break- down, at their first trial as public speakers. " Dorsey," said he, " whom you so much admire, and Pinckney , whom you will admire still more when you shall have seen him, are making their way to distinction under as great disadvantages as any you have to encounter." Wirt passed twenty happy and useful months under the roof of Mr. Edwards. He devoted his leisure to classical study and preparation for his chosen profession. At the expiration of this period his health failed, and by the advice of friends he was induced to make a journey to Georgia on horseback, There he passed the winter with his friend and brother-in-law, Mr. Carnes, and his sister. " The traveler set out alone. He was in his seven teenth year. The way was long, and a great deal of it lay through a dreary wilderness of pine-forest and sand. It was no light enterprise in that day, but we may well imagine that to the cheerful boy, so full of pleasant fan cies and rosy hopes, the wayside brought no weariness. In the first outlook of a youth of seventeen upon the world, mounted upon a steed, with a purse sufficiently THE LAWYER. 85 stored to bring him to his journey's end, with all his worldly goods packed on a pad behind his saddle, with a gay heart in his bosom, and a sunshiny face beneath his beaver, what is there on the globe to make him sad ?" If our young adventurer had kept a journal of this expedition, it would, doubtless, have demonstrated the content and joy with which he pursued his lonely journey. His health and vigor were restored, and in the spring he returned to Maryland. CHAPTER TENTH. WILLIAM WIRT ADMITTED TO THE BAR. "Thus, ia the destitution of the wild desert, does our young Ishmae] acquire for him self the highest of all possessions, that of Self-help." Carlyle. AT the early age of seventeen, Wirt commenced the study of the law, with William P. Hunt, the son of his former preceptor. This was a year of vast consequence to his future progress, for he seems to have been already at the very gate of the Temple of Themis. Maryland, however, was not to be the theatre where the most con spicuous acts in the life- drama of William were to be performed. " While with Mr. Hunt," writes Wirt, " a friend in formed me of a very advantageous station for a lawyer in the State of Virginia. Everybody urged me to seize it. I removed my residence immediately to Virginia, and after residing about five months with a Mr. Swann, an acquaintance and school-mate of Tom Carnes, and a young fellow of distinguished legal abilities, I applied to the judges for a license, and obtained the signature of three of their honors." THE LAWYER. 87 " This is the introduction of William Wirt to Virgin ia, a State with whose fame he grew to be almost in separably identified, and toward which he never ceased to look with the affection of a child to a parent. " The court in which he was admitted to practice was that of Culpepper county, and his residence was at the court-house village." The " equipment" of William Wirt, for the learned profession into which he had now entered, would seem as insufficient for a modern practitioner as would the bow and arrow of the savage for the United States soldier. He has told the story himself, that his whole magazine of . intellectual artillery at this period, comprised no other munitions than a copy of Blackstone, two volumes of Don Quixote, and a volume of Tristram Shandy. And how was he, thus equipped and with so little drilling, to meet the contest with well-trained, disciplined antagonists ? It will be remembered that Wirt was con stitutionally diffident, and that he had not yet overcome the hurried speech and " thick tongue" which annoyed him at school. Judge, then, young man, what must have been William Wirt's emotions when called u for the first time to discourse the most difficult and perplex ing of all human lore in the presence of the frowning and solemn majesty of the bench," or those twelve men who represent " the country." " The young votary, who, for the first time, stands in 88 SUCCESS IN LIFE. this presence, surrounded by its usual and characteristic auditory ; when he sees the compact pavement of heads, with their multitudinous eyes concentred upon one focus, and that focus himself, all eager to hear every word," what but " nightmare" can give an idea of the " op pressed brain and bewildered sight" of the shy and un- practiced youth, under these trying circumstances ?" " One such scene I have witnessed," says Mr. Ken nedy, " and I remember the agony with which the con fused novitiate arose a second time having been but a moment before compelled to take his seat, in the hope to collect his routed thoughts. His second essay was not more fortunate than the first. He stood silent for a brief space, and at the end was able to say, ( Gentle men, I declare to Heaven, that if I had an enemy, upon whose head I would invoke the most cruel torture, I could wish him no other fate than to stand where I stand now.' Curiously enough, the sympathy which the appeal brought him, seemed almost instantly to give him strength. A short pause was followed by another effort, which was completely, and even triumphantly, successful." William Wirt's first appearance at the bar has been described in a memoir written by his friend, Mr. Cruse. " With these advantages," a rich and melodious voice when undisturbed by timidity, a pleasing person and pre possessing manners, a and defects" an indistinct enun ciation, and extreme bashfulness, " he was to begin the THE LAWYER. 89 competitions of the bar in a part of the country where he was quite unknown, where much talent had preoccupied the ground. There is no part of the world where, more than in Virginia, these embarrassments would be lessened to a new adventurer, as there is nowhere a more courteous race of gentlemen. There was, however, another embar rassment our lawyer had no cause. But he encountered a young friend much in the same circumstances, who had a single case, which he proposed so share with Wirt, as the means of making a joint debut. With this small stock in trade, they went to attend the first County Court." Their case was one of joint assault and battery. The motion was opened " by Wirt's friend, with all the alarm of a first essay. The bench was then, in Virginia County Courts, composed of the ordinary justices of the peace ; and the elder members of the bar, by a usage, the more necessary from the constitution of the tribunal, fre quently interposed as amid curia, or informers of the conscience of the court. It appears that on the case being opened, one of these customary advisers interposed. The ire of our beginner (Wirt) was kindled by this re ception of his friend, and by this voluntary interference with their motion ; and when he came to reply, he forgot the natural alarms of the occasion, and maintained his point with recollection and firmness. This awakened the generosity of an elder member of the bar, a person 90 SUCCESS IN LIFE. of consideration in the neighborhood, and a good lawyer. He stepped in as an auxiliary, remarking that he also was amicus curia, and in this capacity would state his conviction of the propriety of the motion, and that the court was not at liberty to disregard it ; adding, that its having come from a new quarter, gave it but a stronger claim on the candor and urbanity of a Virginian bar. The two friends carried their point in triumph." Not the most sanguine friend of Wirt had prophesied so successful a termination to his first effort. The ordeal was past, the ice was broken, and the new barrister felt that he might thenceforth walk into the courts unquestioned. There had been a want of system in Wirt's course of preparation, which must have increased his natural diffi dence of himself. He must, too, have been conscious of ignorance on many points connected with his profession ; and his extreme youth was not calculated to inspire his clients with unlimited confidence. Yet, in spite of this formidable array of unpropitious circumstances, " his practice at the bar of Culpepper increased, and during the two years which he remained in that part of the country, he secured the esteem and regard of influential friends." CHAPTER ELEVENTH. WILLIAM WIRT ; S LEGAL PROGRESS. " Shall he who soars, inspired by loftier views, Life's little cares and little pains refuse ?" " Let your heart be tender, but your breast strong, and struggle and hope at the same time." Jean Paul. IN the neighborhood of Charlotteville, at Pen Park, resided Doctor George Gilmer. This place was in the immediate neighborhood of Mr. Jefferson, and within a day's ride of Mr. Monroe and Mr. Madison. The delightful residence of Dr. Gilmer afforded, among other great attractions, the best society of the time choice books were found in the library, instructive and agreeable conversation enlivened the fireside. But the richly-gift ed daughter of Dr. Gilmer was the crowning attraction of Pen Park. Mildred Gilmer was " intellectual, kind, cheerful, and noted for her good sense. The imagina tive and susceptible young barrister found a fairy -land in this romantic spot, and a spell in the eye and tongue of the maiden, which charmed too wisely to be broken. The father's regard for him opened the way to a closer alliance, and it was not long before he took his place in the family as a cherished son-in-law." 92 SUCCESS IN LIFE. Wirt was now in his twenty-fifth year. His practice at the bar was increasing, and his reputation widely extend ing. The stores of English literature Hooker, Boyle, Locke, Barrow, South, Bacon, and Milton now delighted and enriched his mind. Mr. Cruse, who knew William Wirt well at that time, says, " He was highly engaging and prepossessing. His figure was strikingly elegant and commanding, with a face of the first order of masculine beauty, animated, and expressing high intellect. His manners took the tone of his heart ; they were frank, open, and cordial, and his conversation, to which his reading and early pur suits had given a classic tinge, was very polished, gay, and witty. Altogether he was a most fascinating com panion, and to those of his own age, irresistibly and uni versally winning." The temptations which surrounded Wirt at this time were fearful. " An unbounded hospitality, amongst the gentlemen of the country, opened every door to the indul gence of convivial habits." It is deeply to be lamented that these temptations were sometimes too strong for the virtue of William Wirt, and that he yielded occasionally in such a way as to occasion deep anxiety to his friends, and future re morse to himself. Willingly would we have drawn a thick veil over the faults that thus dimmed the bril liancy of the young barrister's character, but truth THE LAWYER. 93 obliges the biographer to confess that there were some aberrations from the path of virtuous sobriety, which William Wirt deeply, sadly regretted in after years. CHAPTER TWELFTH. A PROPHECY. " Once, as he (Sir Matihew Hale) was buying some cloth for a new suit, the draper, with whom he differed about the price, told him he should have it for nothing, if he would promise him a hundred pounds when he came to be Lord Chief Justice of Eng land. To which he answered, that ' he could not, with a good conscience, wear any man's cloth unless he paid for it.' So he satisfied the draper, and carried away the cloth. Yet the draper lived to see him advanced to that same dignity." Bishop Burnet. ONE of those fortunate prophecies, which surprise by their realization, is mentioned in connection with this pe riod of Wirt's life, as an incident worth relating. James Barbour, Dabney Carr, and Wirt were on their customary journey to Fluvanna, the adjoining coun ty to Albermarle, to attend the court there, " the State of Flu," as that county was called in their jocular terms. Wirt was noted for making clever speeches, as they rode together. Sometimes he rode ahead of his companions, and, waiting for them by the road-side, welcomed them, in an oration of mock gravity, to the confines of i ' the State of Flu," representing himself to be one of its dignitaries, sent there to receive the distinguished persons, into whom he had transformed the young attorneys of the circuit. These exhibitions, and others of the same kind, are said to have afforded many a laugh to the actors. THE LAWYER. 95 The three friends dined and passed the night at Carr's Brook, in Albemarle. During the visit, Barbour enter tained the company with a discourse upon the merits of himself and his companions, in the course of which he undertook to point out their respective destinations in af ter life. " You, Dabney," said he, "have indulged a vision of judicial eminence. You shall be gratified, and shall hold a seat on the bench of the Court of Appeals of Virginia." " Your fortune, William," he continued, addressing himself to Wirt, " shall conduct you to the Attorney- Generalship of the United States, where you shall have harder work to do than making bombastic speeches in the woods of Albemarle. As for myself, I shall be con tent to take my seat in the Senate of the United States." This jocular prophecy has become notable in conse quence of its exact fulfillment, in respect to each of the parties. These were golden days to William Wirt. He went to Albemarle poor, and without powerful friends- He had very little experience in the business of life, and no great store of useful knowledge. Moreover, he had not entered into the lists with powerful adversaries to prove his strength, and was not very sanguine as to his final success. Here he found himself surrounded with warm friends capable of appreciating his merits, and able to aid him 96 SUCCESS IN LIFE. with judicious instruction and wise counsel. But dark clouds came over the cheerful path that Wirt was tread ing with a joyous heart. His father-in-law, Dr. Gilmer, that invaluable instructor, guide, and friend, was re moved by death. In the fifth year of his married life a still heavier blow was inflicted in the loss of his wife. This, if not the first, was " the most painful lesson of his life upon the uncertainty of human happiness, and the duty of establishing hopes upon a surer foundation than the treasures of earth." Adversity is not unfrequently the most healthful ingre dient in the cup of human experience, and the best tonic to brace the mind for those encounters in which virtue is proved and renown achieved. In the early letters of Wirt there are occasional indi cations of that reverence for religious subjects which formed so prominent a characteristic of his later life. No occasion of hilarity, no youthful indiscretion, seems ever to have betrayed him into the profanation of sub jects esteemed sacred, or to the practice of the scoffs and jests which sometimes disgrace thoughtless youth, or unthinking age. The death of his wife deepened the religious senti ment, and led him to desire more earnestly the solace of Christian faith, and of that hope which is as " an anchor to the soul, sure and steadfast." The delightful residence of Pen Park had become full THE LAWYER. 97 of sad associations to the sensitive heart of Wirt ; he left the beloved spot, and established his residence in Richmond. So intense was his melancholy, that for a time he suspended his legal practice. His friends, how ever, persuaded him to resume some occupation of mind, and through their influence he was appointed Clerk of the House of Delegates. This office was one of suffi cient consideration to be regarded by a young man as an advancement in the career of life. It was, besides, not so engrossing but that he might pursue his profes sion whilst he held it. This appointment was so far serviceable to him that it brought him into personal acquaintance with some of the most distinguished men of the day. He met with full approbation in his new office, and was re-elected in the two succeeding years. The young clerk became a great favorite with all. This portion of his life, Wirt was accustomed to con sider, on a review of it, one of great temptation. He was, however, frequently led to reflect upon the necessity of a steady aim, if he would arrive at eminence in his profession. It has already been remarked that the elocution of Wirt in the early period of his professional career was indistinct, and his manner embarrassed. There was hes itation at one moment, the too rapid flow of utterance at another, and frequent stammering. 9 98 SUCCESS IN LIFE. Wirt, in speaking of these difficulties to a friend, said, " My pronunciation and gesture at this time were terri bly vehement. I used, sometimes, to find myself liter ally stopped by too great rapidity of utterance ; and if any poor mortal was ever forced to struggle against a difficulty in that matter, it was I ; but my stammering became at last a martyr to perseverance^ and except when I get some of my youthful fires lighted, I can man age to be pretty intelligible now." It will be very encouraging to those who may be troubled with similar difficulties of enunciation to know, that Wirt entirely overcame them by careful attention and judicious practice. CHAPTER THIRTEENTH. MODESTY AND EMULATION. " There are great men enough to excite us to aim at true greatness." AT the close of the third session of the Legislature, for which Mr. Wirt had officiated as clerk, he was chosen, unanimously , one of the Chancellors of the State of Virginia. This was a high honor for a man only twenty- nine years of age, and shows the estimation in which he was already held by his adopted State. " It had not entered into his imaginings to expect such a mark of favor from the Legislature. The same diffi dence in himself, which forbade him to solicit such a distinction, now wrought in him some perturbation of spirit in the accepting of it. It is not always the quality of true genius to distrust itself, for there are instances of men of the brightest parts protruding themselves upon the public, with that eager self -commendation which we are accustomed to call vanity in weaker minds ; but this attribute of diffidence is so generally the accompaniment of youthful merit, that we scarcely err when we reckon 100 SUCCESS IN LIFE. upon it as one of the signs by which we may prophesy future success." This modesty is, most assuredly, quite pleasing in a young man, and gains the good-will and the assistance of his elders, who have already won their way to eminence. The historian, Prescott, says, " If we are to point out a moral as the key of the fiction of Don Quixote, we may pronounce it to be, the necessity of proportioning our un dertakings to our capacities." Aye, there's the rub ! How is a young man to know his own capacities 7 " Thrust out the invisible fruit-buds of your soul, and as a man, you will profit by the ripened fruit," says Jean Paul. When Mr. Wirt went to consult Mr. Monroe about accepting his appointment, and expressed doubts and fears as to his suitableness, either in age or acquirements, for the post, Mr. Monroe replied, " that the Legis lature, he doubted not, knew very well what it was doing, and that it was not probable Mr. Wirt would disappoint either it or the suitors of the court." The duties of his new station required that Mr. Wirt should reside in Williamsburg, and it seems he was quite willing to remove to that place. He writes on the occasion to a friend, as follows : " I wished to leave Richmond, on many accounts. I dropped into a circle, dear to me for the amiable and brilliant traits which belonged to it, but in which I had THE LAWYER. 101 found, that during several months I was dissipating my health, my time, my money, and my reputation. This conviction dwelt so strongly, so incessantly, upon my mind, that all my cheerfulness forsook me, and I awoke many a morning with the feelings of a madman. I had resolved to leave Richmond, and was meditating only a decent pretext to cover my retreat. In this perplexity the ap pointment descended upon me, unsolicited, unthought of, with the benevolent grace of a guardian angel. If I do not fill the office with justice, at least, to my country, it shall not be for want of unremitting effort on my part. " Your friend, " WILLIAM WIRT." " It was not long after the period to which our narra tive has now arrived, that Elizabeth, the second daughter of Colonel Gamble, of Richmond, became the wife of William Wirt. Of all the fortunate incidents in the life of Wirt," continues his biographer,* "his marriage with this lady may be accounted the most auspicious. During the long term of their wedlock, distinguished for its happy influence on the fortunes of both, her admira ble virtues, in the character of wife and mother, her tender affection and watchful solicitude in everything that interested his domestic regard, and in all that concerned his public repute, commanded from him a devotion which, * Hon. John P. Kennedy. 9* 102 SUCCESS IN LIFE. to the last moment of his life, glowed with an ardor that almost might be called romantic." Mr. Wirt found the Chancellorship an impediment to his progress in legal studies ; besides, the salary was too small for the support of a family. The duties of the office demanded nearly all his time, and his purpose to become eminent in his profession would thus be defeated. Accordingly, six or seven months after his marriage, he relinquished the honor which had been conferred upon him, and devoted himself entirely to the practice of the law. Upon this subject he thus writes to his friend, Dabney Carr : " This honor of being a Chancellor is a very empty thing, stomachically speaking ; that is, although a man may be full of honor, his stomach may be empty ; or, in other words, honor will not go to market and buy a peck of potatoes. On fifteen hundred dollars a year I can live ; but if death comes, how will my wife and family live ? I would go to the bar and bend all the powers of my soul and body to the profession, for fifteen years. In the course of my business, thus it would be my study so to unite my dignity with my interest as, in my old age, to be able to lead my sons (if I am blessed with sons) upon the theatre of life, so as to pre-engage for them the respect and confidence of the world ; that they might never blush at the mention of their father's name, unless it THE LAWYER, 103 were a blush of reflected honor and virtuous emula tion." At this time Mr. Wirt thought seriously of a removal to Kentucky. On this topic he again writes to his friend Dabney Carr: " The separation from many who are dear to me will be painful. It is a pain which I seem to have been destined to suffer more frequently than almost anybody else equal ly fond of friends. From the time I first left my na tive roof, (at the age of seven,) I lived nowhere, except merely long enough to let my affections take a firm root, when either want or calamity have torn me up, and waft ed me into some strange and distant soil. Eight or ten times I have experienced this fate ; and though a separa tion from those whom I love and who love me, however often repeated, would still be painful, I derive comfort from the thought that I have never yet been thrown upon a soil too cold or barren for friendship and love. " You ask, why quit the State which has adopted, which has fostered me, which has raised me to its honors 1 It is the partiality of your friendship which puts this ques tion. I am sure it is very immaterial to Virginia where I reside. " For the first time in my life, I look forward with a. thoughtful mind and a heart aching with uncertainty, to the years which lie before me. I cannot abide the re flection that the time shall ever come when my conscience 104 SUCCESS IN LIFE. shall reproach me with having neglected the interests and happiness of my family ; with having involved, by my want of energy and enterprise, a lovely and innocent wife, with a group of tender and helpless children, in want and misery. " But Hope, like an angel of peace, whispers to my heart that this shall not be. She does, indeed, present some most brilliant and ravishing scenes to my waking fancy. Wealth, fame, respect, the love of my fellow- citizens, she designs with the boldness and grandeur of an Angelo ; while, with all the softness and sweetness of a Titian's pencil, she 1 draws my wife and a circle of beauteous cherubs, happy as innocence, and peace, and plenty can make them." The project of the emigration to Kentucky was aban doned, and Mr. Wirt determined to take up his abode in Norfolk. Again he writes to his friend Carr as follows : " Well, sir, you have heard that I have disrobed my self of the Chancellor's furs, and I feel much the cooler and lighter for it. Not but there was some awkward ness in coming down to conflict with men, to whom, a few days before, my dictum was the law. The pride was a false one, and I revenged myself on it. I feel little tri umph in being thus able to get out of myself, to survey, from an intellectual distance, the workings of my own heart, to discern and to chastise its errors." THE LAWYER. 105 The man who can thus make an impartial and candid friend of himself, has gained a- great point in the refor mation and perfection of his own character. 19 . 19. Phocian the Athenian, a man of great severity, and no ways flexible to the will of the people, one day when he spoke to the peo ple was applauded ; whereupon he turned to one of his friends and said, " What have I done amiss ?" Lord Bacon. CHAPTER FOURTEENTH. ADVANCEMENT. " Half the failures in life arise from pulling in one's horse as he is leaping." MR. WIRT, very soon after his removal to Norfolk, was in a full practice at the bar, and was rapidly rising to emi nence. In a letter to one of his earliest and best friends, William Pope, dated August 6th, 1803, he says : " I am already engaged in very productive business in five courts. I am very sanguine that, with the blessing of Providence, I shall be able to retire from business in ten or fifteen years, with such a fortune as will place my family at least above want. " And how do you prosper, my good friend ? Does for tune flow in upon you in a golden deluge ? I hope it does. Good men, only, deserve to be rich, because they, only, are disposed to employ their wealth for the good of the world. But things in general take a different turn, and none grow rich but the selfish and the sordid. Our friend B , however, is an illustrious exception to this remark. A more feeling, a more benevolent, a more philanthropic heart, never palpitated in the bosom of a man." THE LAWYER. 107 Within a few weeks after the date of the foregoing letter, the eldest child of Mr. Wirt, Laura Henrietta, was born. New and holy resolutions for his future life were now made by the grateful father. He writes to his beloved companion, " I am convinced, thoroughly and perma nently convinced, that the very highest earthly success, the crowning of every wish of the heart, would still leave even the earthly happiness of man incomplete. The soul has more enlarged demands, which nothing but a com munion with Heaven can satisfy. The soul requires a broader and more solemn basis, a stronger anchor, a safer port in which to moor her happiness, than can be found on the surface of this world." In another letter to his wife he says, " The man who knows and feels his own foibles, and can draw off from himself so far as to make a proper estimate of his own imperfections, will be hurt by the flattery of others." About this time Mr. Wirt wrote the British Spy. The book was published anonymously, and was eagerly read throughout the Union. His popularity was well deserved for as Mr. Kennedy remarks, " It was written in a polished and elegant style, and the distinctive traits of Virginia society, manners, opinions, and popular insti tutions, are glanced at with a happy facility of obser vation." Who does not remember with pleasure " The Blind 108 SUCCESS IN LIFE. Preacher," an extract from the British Spy, as one of the choicest specimens in his reading-book at school ? But this was but an cc aside" in the drama of Wirt's life. He devoted himself with great zeal and applica tion to his professional duties, and made himself a firm standing-place among able competitors for the topmost round of the ladder of forensic eminence. " Forensic life," says Mr. Kennedy, " is, in great part, life in the noon-day, in presence of sharpsight- ed observers, and not the most indulgent of critics. It has always two sides, whereof one is sentinel upon the other ; and a blunder, a slip, or a slovenly neglect of the matter in hand, never escapes without its proper comment. The public opinion of the merits of a lawyer is but the winnowed and sifted judgment of the bar, and is, therefore, made up after severe ordeal, and upon standard proof." Mr. Wirt had not been long in Norfolk before he wrote "to a friend,-" Here I am abreast with the van of the profession in this quarter, with the brightest hopes and prospects puffed by the newspapers as an orator, to which I have no pretensions, and honored and applaud ed far beyond my deserts. I have formed, in my imagi nation, a model of professional greatness which I am far,, very far below, but to which I will never cease to aspire. It is to this model that I compare myself, whenever the world applauds, and the comparison humbles me to the THE LAWYER. 109 dust. But I must not despair, since it is only by aiming at perfection that a man can attain his highest practicable point." 1 The correct principles of Wirt revolted against the position in which he found himself, when his talents had made him extensively known as one of the most eloquent advocates in the State. He writes to Mrs. Wirt : " I look to you as a refuge from care and toil. It is this anticipation only which enables me to sustain the pressure of employments so un congenial to my spirits this indiscriminate defence of right and wrong this zealous advocation of causes at which my soul revolts. But the time will come when I hope it will be unnecessary." " He began to long," says Mr. Kennedy, " for the privilege of an extensive devotion of his time to that higher range of practice which gives occasion for the em ployment of the subtlest powers of intellect, in the study and development of the great principles of right." 16 *5 " Law was designed to keep a State in peace ; To punish robbery, that wrong might cease ; To be impregnable, a constant fort, To which the weak and injured might resort." Orabbe. 16 \Ve are not sent into this world to do anything into which we cannot put our hearts. We have certain work to do for our bread, and that must be done strenuously ; other work to do for our delight, and that is to be done heartily ; neither is to be done by halves or shifts, but with a will ; and what is not worth this effort, is not to be done at all." Ruskin. 10 110 SUCCESS IN LIFE. In this sphere of forensic life, as distinguished from that which is properly assigned to the advocate, is only to be achieved that best renown which has followed the names of the greatest lawyers. 17 The aspirations after a noble name to leave as a rich inheritance, which were frequently expressed by Wirt, will, no doubt, find a ready response in the heart of many a young man, who is now pressing onward in life's career. " The idea has always been very dismal to me," says Wirt, " of dropping into the grave, like a stone into the water, and letting the waves of Time close over me, so as to leave no trace of the spot on which I fall. For this reason, at a very early period of my youth, I resolv ed to profit by the words of Sallust, who advises that if a man wishes his memory to live forever on the earth, he must either write something worthy of being always read, or do something worthy of being written and immor talized by history. Perhaps it is no small degree of vanity to think myself capable of either ; but I have always been taught to consider the passion for fame as not only innocent, but laudable, and even noble. I mean that kind of fame which follows virtuous and useful actions." l? " The lawyer must be able to reason from the noblest princi ples of human duty, and must comprehend, at a glance, the mighty maze of human relations." Everett. THE LAWYER. Ill Mr. Wirt occasionally expresses regret that his own education had not been more systematic, and his reading less desultory. He mentions one of his cotemporaries, " whose voice had all the softness and melody of the harp, whose mind was at once an orchard and a flower-garden, loaded with the best fruits, and smiling in all the many- colored bloom of spring, whose delivery, action, style, and manner, were perfectly Ciceronian." These very attractive qualities Mr. Wirt contrasts with the sterner ones of Marshall's character. "Here is John Marshall, whose mind seems to be little else than a mountain of barren and stupendous rocks, an inexhaustible quarry, from which he draws his materials, and builds his fabrics, rude and Gothic, but of such strength that neither time nor force can beat them down ; a fellow who would not turn off a single step from the right line of his argument, though a Paradise should rise to tempt him ; yet who, all dry and rigid as he is, has acquired all the fame, wealth, and honor that a man need desire. There is no theorizing against facts ; Marshall's certainly is the true road to solid and lasting reputation in courts of law. The habits of his mind are directly those which an accurate and familiar acquaint ance with the mathematics generates." Mr. Wirt very modestly adds, " I feel so sensibly my own deficiencies in this mathematical study, that, if Heaven spares my son, and enables me to educate him, I 112 SUCCESS IN LIFE. will qualify him to be a professor in it, before lie shall know what poetry and rhetoric are. If he turns out to have fancy and imagination, he will then be in less danger of being run away with and unhorsed by them. If he be for the bar, I shall never cease to inculcate Marshall's method, being perfectly persuaded that for courts, especially superior and appellative courts (where there are no juries), this is the only true method." CHAPTER FIFTEENTH. WILLIAM WIB/TS ADVICE TO A YOtTNG- LAWYER. "To work insatiably, requires much leas mind, than to work judiciously." IN 1806, Mr. Wirt removed to Richmond. The fol lowing excellent advice forms a part of a letter written about this period to a young lawyer, in whom Mr. Wirt felt great interest. " Endeavor to cultivate that superior grace of manners which distinguishes the gentleman from the crowd around him. In your conversation avoid a rapid and indistinct utterance, and speak deliberately and articulately. Blend with the natural hilarity of your temper, that dignity of sentiment and demeanor, which alone can pre vent the wit and humorist from sinking into a trifler, and can give him an effective attitude in society. Get a habit, a passion , for reading not flying from book to book with the squeamish caprice of a literary epicure, but read systematically, closely, and thought fully, analyzing every subject as you go along, and lay ing it up safely and carefully in your memory. Determine with yourself that no application shall be 10* 114 SUCCESS IN LIFE. wanting to lift you to the heights of public notice ; and if you find your spirits beginning to flag, think of being buried all your life in obscurity, confounded with the gross and ignorant herd around you. But there are yet more animating and more noble motives for this em ulation : the power of doing more extensive good the pure delight of hearing one's self blessed for benevolent and virtuous actions, and as a still more unequivocal and rapturous proof of gratitude, c reading that blessing in a nation's eyes ;' add to this, the communicating the ben eficial effects of this fame to our friends and relations ; the having it in our power to requite past favors, and to take humble and indigent genius by the hand, and lead it forward to the notice of the world. These are a few, and but a few, of the good effects of improving one's talents to the highest point, by careful and constant study, and aspiring to distinction." On reviewing his past life, at this period, Mr. Wirt seems to have been forcibly struck with the warning and encouragement which it presented to young men. " I have, indeed," says he, " great cause of grati tude to Heaven. In reviewing the short course of my life, I can see where I made plunges from which nothing less than a Divine hand could ever have raised me ; but I have been raised, and I trust that my feet are now upon a rock. Yet, can I never cease to de plore the years of my youth, that I have murdered in THE LAWYER. 115 idleness and folly. What a spur should this reflection be to young men !" The eloquent author of the Life of William Wirt says : " We have remarked of Wirt, that his life is peculiarly fraught with materials for the edification of youth. Its difficulties and impediments, its temptations and trials, its triumphs over many obstacles, its rewards, both in the self-approving judgment of his own heart, and in the success won by patient labor and well-directed study ; and the final consummation of his hopes, in an old age not less adorned by the applause of good men, than by the serene and cheerful temper inspired by a devout Christian faith ; all these present a type of human progress worthy of the imitation of the young and the gifted." But this " progress" is not to be made without con stant effort. Wirt in his figurative style thus describes it : " You will find it pretty much of an Alp-climbing busi ness. The points of the rocks to which you cling will often break in your hands, and give you many a fall and many a bruise ; but instead of despairing at the first fall, or the twentieth, remember the prospect from the summit and the rich prizes that await you. Up with a laugh, catch a better hold next time, and try it again." " The law is to many, at first, and at last, too, a dry and revolting study. It is hard and laborious ; it is a dark arid intricate labyrinth, through which they grope 116 SUCCESS IN LIFE. in constant uncertainty and perplexity the most painful of all states of mind. But you cannot imagine that this was the case with Lord Mansfield or with Blackstone, who saw through the whole fabric in full daylight in all its proportions and lustre." The pleasure with which Wirt entered into a trial of legal strength, after he had "toiled and moiled" in his profession for many years, is thus expressed : " I have some expectation of going to Washington in February to plead a cause. I shall be opposed to the At torney-General, and perhaps to PINCKNEY. 4 The blood more stirs to wake the lion than to hunt the hare.' I should like to meet them." To the friend to whom he has so frequently addressed stimulating arguments, Mr. Wirt again writes : " You must read, sir ; you must read and meditate like a Conestoga horse no disparagement to the horse by the simile. You must read like Jefferson, and speak like Henry. If you ask me how you are to do this, I cannot tell you, but you are nevertheless to do it." " By the way, there is one thing I had like to have for gotten. One of the most dignified traits in the character of (Patrick) Henry, is the noble decorum with which he debated, and the uniform and marked respect with which he treated his adversaries. I am a little afraid of you in this particular, for you are a wit and a satirist. Take care of this propensity. It will make you enemies, pull THE LAWYER. 117 a bee-hive on your head, and cover your forensic path with stings and venom. Let it be universally agreed that you are the most polite, gentlemanly debater at the bar. That, alone, will give you a distinction, and a noble one too ; besides, it is a striking index and proper con comitant of first-rate talents. For two or three years you must read, delve, medi tate, study, and make the whole mine of the law your own. Let me use the privilege of my age and experience to give you a few hints, which, now that you are beginning the practice, you may find not useless. 1. Adopt a system of life, as to business and exercise ; and never deviate from it, except so far as you may be oc casionally forced from it by imperious and uncontrolla ble circumstances. 2. Live in your office ; that is, be always in it except at the hours of eating and exercise. 3. Answer all letters as soon as they are received ; you know not how many heart-aches it may save you. Then fold neatly, and file away neatly, alphabetically, and by the year, all the letters so received. Let your letters of business be short, and keep copies of them. 4. Put every law paper in its place as soon as received, and let no scrap of paper be seen lying for a moment on your writing-chair or tables. 5. Keep regular accounts of every cent of income and 118 SUCCESS IN LIFE. expenditure, and file your receipts neatly, alphabetically, and by the month, or, at least, by the year. 6. Be patient with your foolish clients, and hear all their tedious circumlocution and repetition with calm and kind attention ; cross-examine and sift them until you know all the strength and weakness of their cause, and take notes of it at once, whenever you can do so. 7. File your bills in Chancery at the moment of ordering the suit, and while your client is still with you to correct your statement of his case ; also, prepare every declaration the moment the suit is ordered, and have it ready to file. 8. Cultivate a simple style of speaking, so as to be able to inject the strongest thought into the weakest capacity. You will never be a good jury lawyer without this faculty. 9. Never attempt to be grand and magnificent before common tribunals, and the most you will address are common. 10. Keep your Latin and Greek, and science, to yourself, and to the very small circle which they may suit. The mean, envious world will never forgive you your knowledge, if you make it too public. It will re quire the most unceasing urbanity and habitual gentle ness of manners, almost to humility, to make your superior attainments tolerable to your associates. 11. Enter with warmth and kindness into the interesting THE LAWYER. 119 concerns of others not with the consciousness of a superior, but with the tenderness and simplicity of an equal. 12. Be never flurried in speaking, but learn to as sume the exterior of composure and collectedness, what ever riot and confusion may be within; speak slowly, firmly, distinctly, and make your periods by proper pauses, and a steady, significant look. You talk of complimenting your adversaries. Take care of your manner of doing this. Let it be humble and sincere, and not as if you thought it was in your power to give them importance by your fiat. These maxims are all sound ; practice them, and I will warrant your SUCCESS." CHAPTER SIXTEENTH. WIRT AND PINCKNEY THE long-wished-for contest with Pincknej at length took place. He " had broken a lance" with the legal giant, and had not been crushed in the encounter. " Pincknej was at this time in the zenith of his fame. He was the chief object of interest in the Supreme Court, and the most prominent subject of popular criticism. No man ever drew forth a larger share of mingled applause and censure.*' Nothing could be more diverse than the distinctive characters of the eloquence of Pincknej and of Wirt. On this account, it was difficult for the latter at once to appreciate the talents and skill of the former, which he, subsequentlj, fullj acknowledged. Yet one can perceive, from the following extracts from a letter, written bj Wirt after this first encounter, that he felt the weight and the point of that " lance" which he had so ardently longed to meet. " I wish I had been trained to industry and method," says Wirt, " and whipped out of those lazj and saunter- THE LAWYER. 121 ing habits which fastened about me early, and have held the 'fee simple of the bark' ever since. Your truly great man does more business, and has more leisure, and more peace of conscience, and more positive happiness, than any forty of your mediocre persons. This is hu miliating to me, and I don't like to think of it, but do you profit by it. " I was near him (Pinckney) five or six weeks, and watched him narrowly. He has nothing of the rapid and unerring analysis of Marshall ; but he has, in lieu of it, a dogmatizing absoluteness of manner which passes for an evidence of power with the million, which, by-the-by, in cludes many more than we should at first suspect ; and he has acquired with those around him a sort of papal in fallibility. " Socrates confessed that all the knowledge he had been able to acquire seemed only to convince him that he knew nothing. This frankness is one of the most char acteristic traits of a great mind. Pinckney would make you believe that he knows everything. " At the bar he is despotic, and cares as little for his colleagues or adversaries as if they were men of wood. He has certainly much the advantage of any of them in forensic show. Give him time and he requires not much and he will deliver a speech which any man might be proud to claim. You will have good materials, very well put together, and clothed in a costume as magnificent as 11 122 SUCCESS IN LIFE. that of Louis XIV. ; but you will have a vast quantity of false fire, besides a vehemence of intonation, for which you see nothing to account in the character of the thought. His arguments, when I heard him, were such as would have occurred to any good mind of the profession." Wfrt evidently felt dissatisfied with himself; indeed, he said, after this first rencontre with his formidable an tagonist, " A mean and sneaking figure I made in that cause ; I was never more displeased with any speech I have made since I commenced practice." Mr. Wirt had strong predilections for literature, and, from time to time, indulged his taste in writing. The British Spy, the Old Bachelor, and the Life of Patrick Henry, are all well known to the reading public ; but as we are considering him only as the lawyer, it would be irrelevant to mention more particularly his literary success. " The following letter from the President," says Mr. Kennedy, a contained a summons which, it is said, and, I believe, truly said, was altogether unexpected, as it was certainly unsought by him to whom it was addressed." JAMES MONROE TO WILLIAM WIRT ("PaiVATE.) " WASHINGTON, October 29th, 1819. " DEAR SIR : " The vacancy made in the office of Attorney- General of the United States, by the appointment of Mr. Rush THE LAWYER. 123 Minister to England, enables me to offer it to your ac ceptance. Highly respecting your talents, and having long entertained a sincere friendship for you, I need not add that it would be very gratifying to me to find that this proposition accorded with your interest and views. Should this be the case, I hope that it will be convenient to you to join us at an early day, as there are many sub jects of great importance requiring early attention. * c A visit to Richmond to attend to your engagements there, after the expiration of a few weeks, would not, I presume, interfere with your duties here. " I am, dear sir, with sincere regard, " Yours, . JAMES MONROE." Mr. Wirt accepted this appointment, and continued in the office through the administration of Mr. Monroe and his successor, John Quincy Adams. The advice, which Wirt reiterates, from time to time, to the young lawyer in whom he took a paternal interest, .is invaluable to every aspirant after eminence in the pro fession. He says, " Don't be in a hurry to distinguish yourself ; and, on the other hand, do not hang back too long. Let the occasion of your first display be good, and your prep aration ripe. " On all occasions, private and public, throw the utmost modesty and the most scrupulous delicacy into your man- 124 SUCCESS IN LIFE. ner, and be more disposed to have your scientific knowledge drawn from you than to volunteer a display of it. " Read law like a horse. Pursue it indefatigably, and suffer no butterfly's wings, stones, &c., to draw you aside from it. " In your arguments at the bar, let argument strongly predominate. Sacrifice your flowers, and let your col umns be Doric rather than Composite the better me dium is Ionic. " Aim at the character of strength, cogency, compre hension, and imitate, of all things, Judge Marshall's and Locke's simple process of reasoning. The world will ever give sanction to this as the truest criterion of mind." Mr. Wirt, after having several times encountered him, seems fully to have appreciated his great rival, Pinck- ney. He says in one of his letters to Mrs. Wirt, " Pinck- ney commenced his speech to-day, and spoke throughout it. He is really a fine creature in his profession ; has a fertile and noble mind." Again he says : " I expect to go to Baltimore again next month, and to have another grapple with Glendower Pinckney. A debate with Pinckney is exercise and health. I find much pleasure in meeting him. His reputation is so high that there is no disparagement in being foiled by him, and great glory in even dividing the palm." He also renders the following tribute to the greatness of Chief Justice Marshall : THE LAWYER. 125 " Marshall spoke to the judgment merely, and for the simple purpose of convincing. He was justly pronounced one of the first men of the country, was followed by crowds, looked upon and courted with every evidence of admiration and respect for the great powers of his mind. Marshall's maxim seems always to have been, c aim ex clusively at strength,' and, from his eminent success, I say, if I had my life to go over again, I would practice on his maxim with the most rigorous severity until the character of my mind was established." CHAPTER SEVENTEENTH. THE CLOSING SCENE. " He sent his hopes on high And reaped the fields of heaven." AFTER having filled the office of Attorney-General for twelve years, Mr. Wirt resumed unofficial practice at the bar, and this he continued the remainder of his life. In January, 1834, he repaired to Washington to at tend the usual term of the Supreme Court. He was present at the sittings of the court until the 8th of Feb ruary. On Sunday, the 9th, he attended church at the Capitol, and walked the distance of a mile in the cold, damp air. From that time, " Death approached with a steady pace," and, on the morning of the 18th, the la mented Wirt had departed to the "better land." The Supreme Court adjourned on hearing the sad news. A meeting of the bar was called, which Daniel Webster addressed as follows : " It is announced to us that one of the ablest, one of the most distinguished members of this bar, has departed this mortal life. William Wirt is no more ! He has this day closed a professional career, among the longest THE LAWYER. 127 and most brilliant which the distinguished members of the profession in the United States have at any time accom plished. Unsullied in everything which regards profes sional Tionor and integrity, patient of labor, and rich in those stores of learning which are the reward of patient labor, and patient labor only ; and if equaled, yet cer tainly allowed not to be excelled in fervent, animated, and persuasive eloquence, he has left an example, ivhich those who seek to raise themselves to great heights of profes sional eminence will, hereafter, carefully study. Fortu nate, indeed, will be the few who shall imitate it success fully ! " As a public man, it is not our peculiar duty to speak of Mr. Wirt here. His character, in that respect, belongs to his country, and to the history of his country. And, sir, if we were to speak of him in his private life and his social relations, all we could possibly say of his urbanity, his kindness, the faithfulness of his friendships, and the warmth of his affections, would hardly seem sufficiently strong and glowing to do him justice in the feeling and judgment of those who, separated now forever from his embraces, can only enshrine his memory in their bleeding hearts. Nor may we, sir, more than allude to that other relation, which belonged to him, and belongs to us all ; that high and paramount relation which connects man with his Maker. It may be permitted us, however, to have the pleasure of recording his name as one who felt 128 SUCCESS IN LIFE. a deep sense of religious duty, and who placed all his hopes of the future in the truth and in the doctrines of Christianity. " But our particular ties to him were the ties of our pro fession. He was our brother, and he was our friend. With talents powerful enough to excite the strength of the strongest, with a kindness both of heart and manner capable of warming and winning the coldest of his breth ren, he has now completed the term of his professional life, and of his earthly existence, in the enjoyment of the high respect and cordial affections of us all." The biographer of Wirt thus gives the crowning glory to his character : " As life advanced, his convictions of the truth and value of the Christian revelation, and of the duties it im posed upon him, became more earnest and profound. He devoted a portion of his time, every day, to the reading of the Scriptures ; engaged in a comprehensive study of theology ; cultivated habits of prayer and meditation, which he promoted and encouraged throughout his fami ly. In short, the latter years, especially, of Mr. Wirt's life, furnish us the spectacle of a highly-gifted, thought ful, and accomplished mind, stimulated by a fervent and sincere piety, and employed in the promotion of every good work suggested by enlightened benevolence or Christian duty." CHAPTER EIGHTEENTH. GENERAL LEARNING-. " Perhaps the self-approving, haughty world, Receives advantage from his hours Of which she little dreams." Cowper. " Learned, wise, judicious." AMONG the many terms which have been bestowed upon the age in which we live, it may not have been called a sympathizing age ; yet such, in truth, it is. Knowledge being universally diffused, the electric chain of sympathy passes from the hard-handed artisan to the chief justice upon the bench. A lawyer may no longer confine his studies to the dry, musty tomes of a law-library. He must survey the wide domains of science, in the fruitful gardens of literature he may gather ripe clusters, and in the great human museum he must study and dissect human character. It is not enough that he be wise and learned in his own profession, but he must commend himself to the minds of other men, and gain their respect, by show ing that he is not ignorant of what concerns their dearest 130 SUCCESS IN LIFE. interests. " There are those who look upon this as a diffi cult, if not an absolutely hopeless matter; but herein they greatly mistake. Let an individual come to consider it as a high, moral duty, that he should be always grow ing in knowledge, and let him form a distinct and reso lute purpose, that the stock of his acquisitions shall be continually enlarging, though it be by the smallest de grees, and it will be a matter of surprise, even to himself, how easily, how delightfully, how effectually, this high resolve is carried into execution. With his faculties al ways awake, and the avenues for useful information al ways open, he will discover a thousand opportunities for improvement, which another would allow to escape ; he will not disdain the humblest contribution to his knowl edge from the humblest man in society ; nay, he will take lessons by night and by day, even from the objects of inanimate nature, for here, especially, are open to him some of the sublimest fields of science and philoso phy. His profession may be an active and laborious one, insomuch that he is driven to make his nights short and his days long. "Above all, he takes advantage of a systematic arrange ment of his duties , and an economical distribution of his time ; he has his hours for business and his hours for study, and though he is always occupied, he is never in a hurry. It is in vain to say that this representation is merely imaginary, for there are examples, many exam- THE LAWYER. 131 pies, both among the dead and the living, to illustrate its practicability."* The first example we shall give is that of the late la mented HUGH S. LEGARE. The extraordinary powers and varied attainments of the late Attorney- General were the product of early and incessant culture, and of untiring industry and labor. How else could such rare excellence, in so many different departments of human talent and knowledge, have been acquired ? for he was primus inter pares in all a finished scholar, a consummate orator, a profound lawyer, an able and accomplished statesman. No felicity of genius, however great, no fecundity of na ture, however teeming, could account for such intellectual riches, without the creative energies of constant and un wearied diligence ; for it is a truth, as applicable to the philosophy of mind as to the science of political economy, that labor is the true and only source of either mental or material wealth. No paltry vanity of natural endow ments ever prevented Mr. Legare from bearing earnest and instructive testimony in his discourse, as he exem plified so strikingly in his practice, to the truth and value of this grand arcanum of all sound superiority and suc cess. Having enjoyed, in early youth, the advantages of a finished education in the best schools of his own country * William B. Sprague, D.D, 132 SUCCESS IN LIFE. and of Europe, he continued, through all the avocations and active employments of his future life, the same hab its of diligent and enthusiastic study by which he estab lished at first a marked pre-eminence among his school fellows. He was smitten with a sympathetic appreciation of the great Roman orator's noble panegyric of letters : Hac studia, etc.') delectant domi, non impediitnt foris, per- noctant nobiscum, peregrinatur, rusticantur. His books were his inseparable companions, whether at home or abroad. They passed the night with him ; they traveled with him; they accompanied him in his occasional rural retreats. A jealous economist of time, and particularly attentive to husband those fragments of leisure which irregularly intervene in the routine of daily employment, and which, by most persons, are thrown away as useless, he was more fortunate, even, than the ancient philosopher who reproached himself with the loss of one day in the course of a long life. Legare never lost an hour; for, however small the interval of time which fell upon his hands unoccupied by the necessary demands of business, or the cherished society of a chosen circle of friends, it was never wasted. A book, a pen, or a train of thought to be resumed, was always at hand to absorb and employ it usefully, As a scholar, he stood wiithout; a rival among the pub lic men of America of his day, and if, even in that class THE LAWYER. 133 of learned men who make the cultivation and pursuit of letters the sole business of their lives, he had any supe rior in scholarship, it would be difficult to say who that superior was. His acquaintance with the great writers of antiquity, the master-minds of Greece and Rome, was intimate, thorough, and familiar placing at his ready and perfect command all those exquisite models of taste, eloquence, and power, which lie enshrined in their im mortal works. In the languages and literature of modern Europe he was , perfectly at home. He not only read,' but wrote and spoke the languages of France and Germany with the ease and elegance of a native, and was pro foundly versed in their history and literature. He had explored, with particular industry and success, the rich mines of learning and historical discovery (so to speak), which the acute and recondite researches of modern Ger man writers have opened, and enlarged his own accumu lated stores by the superaddition of the fruits of their valuable labors. With all this affluence of intellectual wealth, he made no ostentatious display of his acquisi tions. They were assimilated into the solid nutriment of his own mind, and their effect was seen, rather in the enlarged scope and vigor of his conceptions, than in any exhibition of mere learning. To the question, was he an eminent lawyer, Judge Story, in his beautiful and touching address to the law- school at Harvard, while the funeral bells of Boston were 12 134 SUCCESS IN LIFE. yet tolling the knell of his departed spirit, answered em phatically and unhesitatingly, " No man was more so." And certainly, if a profound acquaintance with the most renowned systems of ancient and modern law, with the common law of England, the civil law of Rome, the codes of France and Germany, added to a familiar knowledge of the laws and constitution of our own coun try, and a thorough indoctrination in the principles of universal jurisprudence, can make an able and accom plished lawyer, Legare was such. One of the great secrets of his superiority was, to place ever before him the highest standards of excellence in every department as the beau ideal, at least, which a true and lofty ambition should aim to approximate as near as possible, if not able fully to attain. His idea of the nobleness and grandeur of the law, in its true dignity, was that which Bolingbroke has so just ly and eloquently portrayed, and his impersonations of that idea were the Bacons, the Clarendons, the Somers, the Mansfields of England, the Marshalls, the Pinck- neys of America. 18 18 In his letters on the study of history addressed to Lord Corn- bury, Bolingbroke, after speaking of the profession of the law as " in its nature the noblest and most beneficial to mankind, in its abuse and debasement, the most sordid and the most pernicious," makes the following remarks, admirable alike for their eloquence and truth : " There have been laAvyers that were orators, philosophers, historians there have been Bacons and Clarendons, my lord. There will be none such any more, till, in some better age, true ambition, or the love THE LAWYER. 135 The narrow and unworthy prejudice against learning, as incompatible with professional eminence, which has been properly rebuked by Judge Story, sometimes ven tured to question the claims of Mr. Legare to the char acter of an able lawyer, on the very ground of his ac knowledged pre-eminence in the attainments of elegant literature. The same Gothic prejudice, we learn from cotemporary memorials, boldly called in question the le gal abilities of Lord Mansfield, and was humorously sat irized at the time, in some lines of Pope, in which the poet represents two heavy sergeants of the temple, c who deemed each other oracles of law,' exulting, with a grave self-complacency, in the fancied profoundness of their own legal attainments, while ' Each bliook his head at Murray as a wit.' And yet this Murray rapidly rose, through all the grada tions of professional eminence, to the chief justiceship of the King's Bench, in which court he presided with unri- of fame, prevails over avarice, and till men find leisure and encour agement to prepare themselves for the exercise of this profession by climbing up to the vantage-ground, so my Lord Bacon calls it, of science ; instead of groveling all their lives below, in a mean, but gainful application to all the little arts of chicane. Till this happen, the profession of the law will scarce deserve to be ranked among the learned professions ; and whenever it happens, one of the vantage- grounds to which men must climb is metaphysical, and the other his torical knowledge." 136 SUCCESS IN LIFE. valed lustre and ability for thirty- two years, having been thrice offered the great seal of Lord Chancellor ; and such was the almost miraculous infallibility displayed by him as a judge, that out of the numerous decisions ren dered by him during that long period of time, but two or three of his judgments were ever reversed, and about an equal number of instances occurred in which any of his brethren differed in opinion from him. With such an illustrious example before us, we shall be slow to believe that the superior literary accomplishments of Mr. Le- gare were likely to prove a hinderance to him in the path of professional reputation and success, or to prevent him from fulfilling his destiny, in becoming one of the chief - est glories of the American bar."* THEOPHILUS PARSONS, late Chief Justice of the Su preme Court of Massachusetts, was termed the giant of the law ; the living oracle of the law ; and yet he found time during all his legal career to attend to literary and scientific pursuits. His classmate and chum, at Harvard University, Judge Tudor, used to say, " Parsons, after the usual college exercises, was in the habit of taking his slate and amusing himself with some deep mathematical calculation, and would vary his recreation by reading some tale or novel, it seeming indifferent to him which of these amusements first fell in his way." Chief Justice * Hon. William C. Rives. THE LAWYER. 137 Parker remarks, " I have within the last seven years of his life found him indulging the same propensity finding him with his slate and pencil so deeply engaged that I would not disturb him for some minutes after my en trance, and not unfrequently as deeply engaged in some modern novel or other work of fancy." While studying law, Parsons kept the grammar-school in Falmouth, now Portland, in Maine, an occupation than which none is more calculated to promote the habit of accurate as well as severe study. The teacher finds that a superficial acquaintance with the knowledge he under takes to impart will not answer his purpose, and is driv en by necessity to the closest attention and investigation of details. At that important period of education, hav ing mastered the usual studies of the college, the mind begins to mature, and the habits of thought and study are first formed which have the most decided influence upon the intellectual character. But Parsons had even at an earlier period disciplined his mind by close application. The companions of his childhood testify that even that period of life was marked by mental labor and study, and that the season of the greatest temptation to pleasure, youth, was one of perse vering acquisition. They say that he seemed to possess the wisdom and experience of those who had been men long before him. Judge Parker, in an eloquent eulogium upon Chief Jus- 12* 138 SUCCESS IN LIFE. tiee Parsons, said, " Those of us who have seen him lay open his vast stores of knowledge in later life, unaided by recent acquirement, and relying more upon memory than research, can account for his greatness only by sup posing a patience of labor in youth, which almost ex hausted the sources of information, and left him to act, rather than to study, at a period when others are but be ginning to acquire." His familiar and critical knowledge of the Greek arid Latin tongues, so well known to the literati of this country, and to some of the most eminent abroad, was the fruit of his early labors, preserved, and perhaps ri pened in maturer years, but gathered in the spring-time of life. His philosophical and mathematical knowledge were of the same early harvest, as were also his logical and metaphysical powers. Had he died at the age of twenty-one, I am persuaded that he would have been held up to youth as an instance of astonishing and suc cessful perseverance in the severest employments of the mind." The following anecdote will prove that Mr. Justice Parsons was known as a Greek scholar abroad : " Some years since, Mr. Vanderkemp, formerly of Ley den, received a letter from Mr. Luzac, professor of the Greek language, &c., in the University of Leyden, confessedly the first Greek scholar of his day in Europe, in which letter Mr. Luzac inquired of Mr. Vanderkemp, THE LAWYER. 139 whether he had made acquaintance with a Mr. Parsons, of Boston, of whom he had heard that he was called, in America, ' the giant of the law.' How well Mr. Par sons might be entitled to this appellation, Mr. Luzac said he could not judge ; but he could of his own knowl edge affirm that he was ' a giant in Greek criticism.' Professor Luzac' s opinion was founded on a correspond ence he held with the Chief Justice, relative to some rare editions of Greek authors which could not be obtained then, either in this country or in England." As an instance of the persevering application of Par sons, it is mentioned that he resumed the study of Greek after he was forty years old, when his eldest son was fit ting for college. There is in existence a manuscript Greek grammar which he began to write, because there was then no gram mar of that language in English ; but before his gram mar was completed, the Gloucester Greek grammar was published, and he laid it aside. The celebrated Dr. Bowditch, in his Practical Navi gator, when on the subject of lunar observations, men tions a method of correcting the apparent distance of the moon from the sun, and says, " It is an improvement on Witchell's method, and was made in consequence of a suggestion from a gentleman eminently distinguished for his mathematical acquirements." Chief Justice Par sons was the gentleman alluded to. Dr. Bowditch also 140 SUCCESS IN LIFE. received some communications from him on the subject of the comet which at that time made its appearance, which showed ingenuity and scientific learning. 19 His knowledge in astronomy, mechanics, chemistry, and elec tricity was great. " Parsons left an immense mass of manuscripts ; but none intended for the press. The greater part were on legal subjects ; almost as many, however, were mathe matical ; and there were some on various topics of relig ion, philosophy, and science. He had been heard to say, that after he had been studying any particular sub ject, he liked to write upon it, for the purpose of giving clearness and precision to his thoughts. " He was fond of mechanical employments, and had a large collection of tools, with which he often amused himself, and would leave the gravest study to make a plaything for his boys, or show them how to make one. He entered into all the enjoyments of his children, and increased them by his active sympathy." " Neither philosophers nor children could leave his so ciety without being improved or entertained. Amid the multifarious occupations of his mind in business and sci- 19 " He had in his library books in Hebrew, French, and Italian, which he occasionally read. Besides a very large and valuable libra ry, he had a collection of astronomical and scientific instruments im ported for him by his intimate friend, the late Dr. Prince, of Salem. It was considered the best collection then possessed by any private person, and he made frequent use of it." THE LAWYER 141 entific pursuits, he had still found room for all the lighter literature, and was ready for his critique even upon the ephemeral works of fancy and taste." " He was accessible, familiar, and communicative, never morose or ill-natured, a patron of literature and literary men, a warm friend to the clergy and to the in stitutions of religion and learning, and a most ardent ad mirer and promoter of merit among the young. 20 " Parsons could leave the theological controversy, the mathematical problem, or the legal inquiry, and enter at once with spirit and interest into domestic conversation, and even into children's sports." Were all these varied acquirements, and this intense sympathy with his fellow-beings, a hinderance to Parsons in his legal career ? Let one of his cotemporaries at the bar answer. " Never was fame more early or more just, than that of Parsons as a lawyer. At an age when most of the profession are but beginning to exhibit their talents and to take a fixed rank at the bar, he was confessedly, in 20 The zealous attention of the Chief Justice to the interests of Harvard University, while he was a member of the corporation, are generally known. He was also one of the supervisory committee of a grammar school in Boston. He generally took the lead in the ex amination, and besides his extraordinary knowledge of Greek and Latin, his presence was useful in other respects. He so interested the boys with anecdotes of the men and the times about which they were reading, as to render their examinations pleasant instead of be ing formidable to them. 142 SUCCESS IN LIFE. point of profound legal knowledge, among the first of its professors. " At that early period of his life, his most formidable rival, and most frequent competitor, was the accom plished lawyer and scholar, the late Judge Lowell, who was considerably his senior, but who entertained the highest respect for the general talents and judicial skill of his able competitor. It was the highest intellectual treat to hear these great men contending for victory in the judicial forum. Lowell, with all the ardor of the most impassioned eloquence, assaulting the hearts of his auditors, and seizing their understandings also, with the most cogent as well as the most plausible arguments ; Parsons, cool, steady, and deliberate, occupying every post which was left uncovered, and throwing in his for ces wherever the zeal of his adversary had left an open ing. Notwithstanding this almost continual forensic war fare, they were warm personal friends, and freely ac knowledged each other's merits. " The other eminent men of that day, with whom Par sons was brought to contend, did full justice to his great powers. I have myself heard the late Governor Sulli van declare that he was the greatest lawyer living." " That distinguished lawyer and statesman, Rufus King, of New York, having finished his education at our university (Harvard), at an age when he was qualified to choose his own instructor, placed himself under the tui- THE LAWYER. 143 tion of Parsons, and probably it was owing in some meas ure to the wise lessons of the master, as well as to the great talents of the scholar, that the latter acquired a celebrity, during the few years he remained at the bar, seldom attained in so short a professional career." " Among men eminent themselves, I do not disparage others by placing Parsons at the head," continues his el oquent eulogist : " they were great men, he was a wonder ful man. Like the great moralist of England, he might be surrounded by men of genius, literature, and science, and neither he nor they suffer by a comparison." May the life and celebrity of this great man stimu late the young to diligence and perseverance in their studies, so that at some future time one may rise up among them fit to supply his place in public estima tion.* Mr. Du Ponceau, long a distinguished member of the Philadelphia bar, was a Frenchman by birth, but afford ing as he does an example of great literary attainments in addition to legal acquirements, a sketch of his life and character will, it is believed, be found both useful and entertaining. PETER S. Du PONCEAU was born in 1760, at the little town of St. Martins, in the Isle of Re, on the western coast of France. Before the age of six years he had learned by heart a Latin and French vocabulary, an indication of his * Chief Justice Parsons died in 1813, at the age of sixty-three. 144 SUCCESS IN LIFE. future taste for languages. At the grammar school which he soon after attended, this fondness for languages was still farther developed. He met one day, at a neighbor's house, with an English grammar. What trifles often decide the future destiny ! " Childlike," says Du Ponceau, " I was delighted with the letters K and w, which my eyes had not been accus tomed to see. I took the book home, and began to study the English language. My progress was rapid. There were English and Irish families in the town. I had a good ear and flexible organs, soon spoke English, and be came a perfect Jlnglomane. I devoured Milton, Thom son, Young, Pope, Shakspeare. I also wrote English cor rectly. I have English verses (bad enough, to be sure), but which were addressed to me from Rochelle by a young Englishman, when I was but twelve years of age. I learned a great deal of English poetry by heart, much of which I retain to this day." In the same manner Du Ponceau acquired the Italian language. His fondness for English studies continued after he entered college ; he was never without an Eng lish classic in his pocket, and received from his compan ions the sobriquet of V Anglais. He left college at the early age of fifteen. His father had just deceased, and his mother insisted upon his ta king orders in the Romish Church. He had imbibed the principles of the Reformation, and resisted for a long THE LAWYER. 145 time, but was ultimately compelled to submit, a took the tonsure, and became Monsieur VJlbbe." The youthful abb6 was sent by the Bishop of Rochelle to a college in Poitou as a regent. There he instructed a class in the Latin language. The other regents, who were older men, became jealous of the boy of fifteen. They excited the pupils to pelt him with apples and to annoy him in every possible way, untrl life became intol erable, and he resolved to quit the place and throw him self upon the wide world. " For the sake of truth," he says, " I must add, that I was also induced to this step by my religious scruples ; and, to be perfectly candid, by a restless disposition, and a spirit of adventure, which made me see everything in bright colors before me." On Christmas day, 1775, leaving all his luggage be hind, he sallied forth at daybreak, with the u Paradise Lost" in one pocket and a clean shirt in the other, on his way to the great capital of France. There he ar rived in the beginning of January, 1776, with the firm resolution of depending from that moment on his own ex ertions alone for subsistence, and for whatever fortune might await him. " Behold me now in Paris," he exclaims, " at the age of fifteen, with a light heart and still lighter purse. But I was full of hope, I had buoyant spirits, and saw every thing couleur de rose!" The father of Du Ponceau was a military man, and 13 146 SUCCESS IN LIFE. two years before this time had solicited the place of Lieu tenant- Governor of Versailles, which office he was on the point of obtaining at the time of his death. At Versailles the young Du Ponceau was well received by his father's acquaintances. The Baron de Mont- morency blamed him for leaving the post of instructor, but yet treated him kindly. Being disappointed in an application for a clerkship in one of the departments, he left Versailles and returned to Paris. Here he made himself independent for the time, by translating English works and commercial let ters, and by giving lessons in English and French. Da Ponceau, in the course of a few months after his return to Paris, became acquainted with Count de Gebe- lin, a celebrated philologer, who offered to take him as his secretary. This offer was gladly accepted, and with him Du Ponceau remained for six or eight months, at which time he left for America. The Baron Steuben, who was a,bout to sail for this country, was in want of a secretary who could speak and write the English language; the young Du Ponceau suited him exactly. They sailed together from Marseilles, and landed at Portsmouth, in New Hampshire, on the 1st of Decem ber, 1777. Baron Steuben and his secretary soon left Portsmouth, and thence went to Boston, where, among other distin- THE LAWYER. 147 guished persons, they met John Hancock and Samuel Adams. Du Ponceau says he was at that time a stern Republi can, and had been so from the first moment that he be gan to reflect.