and there is a landmark in the history of education in the paper "On the Condition of Woman." by the more pacific policy of the President; and this military project fell to the ground. The close of Jefferson's administration was now approaching, and Madison was looked forward to in Virginia as his successor. There was, however, considerable opposition to "the regular nomination," in the at In the summer of 1806, Wirt removed permanently to Richmond. The following year brought to the spot a trial of magnitude, which agitated the whole country. Burr was put upon his trial for treason and misdemeanor. tacks of a committee of which John Chief Justice Marshall presided. The Randolph was a member. To their defence was conducted by Luther Mar- "Protest," assailing Madison, Wirt retin, and Wirt assisted Hay, the district plied in three letters, published in the attorney, on the prosecution. Indeed, "Richmond Enquirer," signed "One of the main burden of the prosecution fell the People." Mr. Kennedy has preupon Wirt: he was the principal in sented the main points of the defence, the contest. In the preliminary exam- if we should not rather call it the ination, and throughout the protracted attack; for Wirt, battling for the honproceedings, he was constantly em- ored patriot, plies the protestors with ployed in sober argument addressed to a merciless fire of sarcasm and invecthe bench, and when the opportunity tive. It is curious again to notice arose, in the more rhetorical appeal to the self-denying afterthoughts of the the jury. His reply to Wickham on writer. He pronounces his composition the main points of the prosecution, loose and coarse, and the style unwor seeking to establish Burr's complicity thy to defend the modesty and worth in the alleged movement, and his seduc- of Madison. Such admissions attach tion of Blennerhasset, has always since us to the man. We may think them its delivery been a popular piece of unnecessary, but we feel that they are declamation, and is still echoed by schoolboys and imitated in court-rooms. The main interest of the trial, however, attaches to the calm, impartial decisions of the bench. The rhetoric of Wirt played harmlessly about the Chief Justice, who looked neither to Burr nor his opponents, but to the great constitutional principle at stake determining the law of constructive treason. candid, and mark the character of a mind free from self-sufficiency, ever striving after greater excellence. Compositions like those just mentioned, were of necessity thrown off in a heat. It was the case more or less with all Wirt's literary efforts. They were inspired by enthusiasm, and enthusiasm works rapidly; moreover, they were undertaken and carried out in the midst of the engrossing cares of profess ional life. Still he had always a fondness for literature, and we have yet to record two--the most important memorials of his tastes and activity—the “Life of Patrick Henry" and the "Old Bachelor." Though the former had been on his mind for some time-indeed was one of his earliest projects-it was the latest in coming to light. The "Old Bachelor," a new series of essays on topics not dissimilar to those handled in the "British Spy," was commenced in the "Richmond Enquirer" in 1810. Wirt was the chief writer, assisted by his friends, Dabney Carr, whom he was now aiding in his elevation to the judiciary, Dr. Frank Carr, and other known and esteemed Virginians. The work reached thirty-three numbers, and has been several times printed in a complete edition. It is a genial production throughout, colored by the heart and enthusiasm of the leading author; reflecting the tastes, habits, the mental cultivation and social progress, the reading and reflections of a generation, which sprang out of the breast of the Old Dominion. As usual where Wirt had the guidance of the topics, there is much in relation to oratory and the eloquence of the professions. Female education is again the subject of attention. The glimpses of domestic life in the Old Bachelor's household of nephews, and his niece, Rosalie, are very pleasing. There is one trait of the work noticed by his biographer, Mr. Kennedy, which is not the least interesting as an exhibition of the character of Wirt, his desire to influence the young. During the war-scenes which now ensued, Wirt, declining a commission in the army, was induced, by the threats of invasion, to raise a corps of flying artillery for the defence of Richmond, which fortunately was not called into service. As a diversion from these troubles of the times, and in pursuance of his natural bent, he was engaged in writing a comedy, "The Path of Plea sure," which has neither been acted nor printed. The genius of Wirt was too discursive for successful dramatic composition. The work, if earnestly pursued, would have proved an excellent mental discipline. He was, meanwhile, in active corres pondence with Jefferson and others, in reference to his Life of Henry—a diffi cult work for him-in the prosecution of which he was almost overpowered by the kind and extent of his labors. When the book appeared at last, in 1817, with the modest title, "Sketches of the Life of Patrick Henry, it was exposed to some criticism for an occa sional error of fact, and its florid enthu siasm; but making every allowance for these defects, which lie on the surface, it must be pronounced a rare and valuable biographic achievement. The style glows with honest feeling. It may be here and there redundant in expression, but it is full of vitality. The same year which gave to the public the "Life of Patrick Henry," saw Wirt advanced by Monroe from the post of United States attorney for the Richmond district, to the office of Attorney General of the United States. On the acceptance of this appointment, he took up his residence in Washington, and entered upon the maturest and most distinctive period. of his life, in his twelve years service in this capacity, and in his independent labors in the Supreme Court at the seat of government. The record of his decisions as district attorney, covering a vast range of topics, arising in municipal and constitutional law, and the law of nations, bears witness to his method and ability in the discharge of the duties of his office; while the reports of the Supreme Court speak to the profession and the public of his share in the handling of many impor tant questions, as the case of McCulloch and the State of Maryland; the Dartmouth College case; the New York steamboat case, Gibbons against Ogden, settling the constitutionality of the exclusive grant of navigating the waters of the state, given to Livingston and Fulton. ularity; of an enlightened ambition based upon the private virtues of selfdenial and integrity; of decision of character, turning neither to the right hand nor to the left from the path of honorable duty. The discourse overflows with the lessons of Wirt's own life, enforced with all the felicity of his accustomed rhetoric. Years bring with them wisdom and honor, and suffering as well. In 1831, Wirt was called upon to mourn the loss of his youngest daughter, at the age of sixteen. It was a sad and most touching affliction, and the feeling heart of the father bowed beneath the stroke. His activity continued, however, to the last. He even accepted the nom ination of the anti-masonic party for the Presidency, and thought of a provision for his family by a settlement in Florida. It was while in attendance on the Supreme Court at Washington, in the beginning of 1834, that the final messenger came. He took cold, an attack of erysipelas set in, and in a few days, on the eighteenth of Febru ary, he was no more. In 1829, Wirt, on his retirement from the district attorneyship, took up his residence in Baltimore, which continued his home during the few remain ing years of his life. He continued devoted sedulously as ever to his profession, and found time as of yore for those occasional literary exercises outside of his calling, which had been the delight of his youth. While at Washington, he pronounced a eulogy on Thus lived William Wirt, one of the Jefferson and Adams upon their decease. most amiable of men. Nothing can In 1830, he delivered an address before be more delightful than the exhi the Literary Societies of Rutgers Col-bition of character in his private lege, which has always appeared to us correspondence. It is frank, manly, in the very foremost rank of produc- overflowing with innocent, boyish entions of its class. He always loved the young, and on this occasion addressed them with surpassing ear nestness. He urged the claims of pa triotism, in the midst of the profligacy of party and the degradation of pop thusiasm. It must be a dull percep tion to which it will not afford pleasure and profit. We admire his professional success, his generous pursuit of litera ture, all the more for this revelation of his sensitive, playful, earnest nature. JOSEPH STORY. THE world is fortunate in possessing much more plentifully furnished with so admirable a narrative of the life of practitioners than some of the best of a man whom his country always found them are with patients, we recommend worthy of honor and esteem, as that pre- as a gentleman of abilities and integ sented to us in the biography of the rity in his profession, an assiduous late Justice Story by his accomplished assertor of the rights of his country, son. It is a model work in a depart- and a friend to mankind." There is ment of literature in which success is something in this language characterisquite out of proportion to the demand. tic of the times. The young physician Few legal biographies, in particular, did not belie the patriotic recommenhave been written with the same feli-dation. He was one of the ardent sons city. Its fidelity and calm appreciative of liberty who threw the tea into Bosspirit, with its store of interesting facts, leave subsequent narrators little to do but to glean from its ample pages. There are no concealments in the life of Story, nothing to be supplied, nothing to be forgotten by posterity; his course was open to the world; his life was of singular honesty and simplicity, and may readily be understood by all. Joseph Story was born at Marblehead, Essex County, Massachusetts, September 18, 1779. His grandfather was a Whig, though he held the office of Registrar in the Court of Admiralty. His father, also of Boston, Dr. Elisha Story, a physician of repute, removed to Marblehead in 1770, bearing with him a handsome circular letter from his brethren of the city, somewhat quaintly worded-"this our brother being about to depart from our healthy metropolis, ton harbor; he was by the side of Warren in the trenches on Breed's Hill; he was with Washington as army-surgeon in 1777, in the Jerseysa man of natural force and readiness, skilled in his profession, of cheerful manners, apt for the affairs of the world. He was a widower when he married Mehitable Pedrich, a young lady of nineteen, whom he introduced to his family of seven children. She became herself the mother of a large family, whose fortunes she sustained with spirit and dignity through the arduous years of the Revolution. Joseph Story, the subject of this sketch, was the eldest child of the marriage. The boy in his early years at Marblehead, profited by all the peculiarities of the place, studying the rough |