CHAPTER VIII.

1822-1823.

CONTRIBUTIONS TO THE EVANGELICAL AND LITERARY MAGAZINE.-HINTS TO PREACHERS, ETC.-LETTER TO THE REV. JOHN H. RICE.-SEVERE PROFESSIONAL LABOR.-SICKNESS.-DEATH OF MR. PINKNEY.-LETTER TO GILMER. NOTICE OF PINKNEY.-ENLARGES HIS MARYLAND PRACTICE.PLAYFUL LETTERS TO HIS DAUGHTERS.-VERSES FOR THE MAY DAY QUEEN. CORRESPONDENCE.-bedford SPRINGS.-OCCUPATIONS IN BALTIMORE.-MODERATION OF POLITICAL OPINIONS.-LETTER TO THE PRESIDENT, RECOMMENDING THE APPOINTMENT OF CHANCELLOR KENT TO THE SUPREME COURT.

MR. RICE, well known as an eminent preacher in the Presbyterian church, and the editor of the Evangelical and Literary Magazine, which was published at Richmond, was an intimate friend of Mr. Wirt and his family before they removed to Washington. At the solicitation of this gentleman, Mr. Wirt had written a few articles for the Magazine. An essay entitled "Hints to Preachers," was followed by another-"Hints to Hearers"—both of which had been published during the last year, and had attracted something more than ordinary notice from the readers of the Miscellany. These essays, as one may conjecture from the titles, were of a grave and religious cast. They were written in a tone of severe criticism, with a view to correct some prevailing faults both of the orator of the pulpit and of his hearers, and were published without acknowledgement of the authorship, and, indeed, without any direct communication, upon that point, to the editor himself. The object of the writer was to convey the impression that these were the productions of one of the clergy; supposing that, under such a title, they would be likely to receive a more authentic welcome from those to whom they were addressed, than if they should be known to come from the pen of a layman. The success of these essays made the editor anxious to obtain further contributions from his friend, and several letters passed between them in reference to this object. I

select one from this correspondence, chiefly for the evidence it supplies of the distaste with which the Attorney General still regarded the employments of public life and the pleasure with which his mind recurred to literary subjects:

MY DEAR SIR:

TO THE REV. JOHN H. RICE.

WASHINGTON, February 1, 1822.

Your letter of the 30th ult., was received this evening, just as I returned from the President's. I feel the blush of genuine shame at the apparent presumption of adding my name, in favor of your Magazine, to that of the eminent gentlemen of Princeton.* This is real and unaffected: but you desire it, and I dare follow your beck in any direction. Would that I could, in one still more

important!

If you suppose from what I said of nine o'clock, that that is my hour of going to bed on week-day nights, you are mistaken by several hours. For some time past, I have been obliged to be in my office before breakfast and till nine or ten at night, when I come home, take my tea, talk over family affairs, and get to bed between eleven and twelve. But it is killing me; and as death would be most extremely inconvenient to me, in more respects than one, at this time, I shall quit that course of operations and look a little to my health, if I can survive the approaching Supreme Court. Sed quere de hoc.

My troubles not being already enough, in the estimation of the honorable body now assembled in the Capitol, they are beginning to institute inquiries, for my better amusement, into the circumstances of three fees paid me by the government in the course of the four years that I have been here, for professional services foreign to my official duties,—a thing which has been continually done, at all times, under this government. They affect to think it a new affair entirely, and only an additional proof, amongst ten thousand others, of a waste of public money by the rapacity, if not peculation, of those in office. I am sick of public life. My

Mr. Rice had asked him to unite in a recommendation of this work with Doctors Miller, Green and Alexander, of the College at Princeton.

skin is too thin for the business. A politician should have the hide of a rhinoceros, to bear the thrusts of the folly, ignorance and meanness of those who are disposed to mount into momentary consequence by questioning their betters-if I may be excused the expression after professing my modesty.

"There's nought but care on every hand,"

-all, all is vanity and vexation of spirit, except religion, friendship and literature.

I do sincerely wish it were in my power to mount the aforesaid "gay streamer and long tom," on your gallant little bark. I will try in the spring and summer to contribute a stripe or two, and a blank cartridge or so. But I shall not tell you, when I do it, that it is mine; for it is proper you should have it in your power to say truly, "I do not know who it is."

I have already got credit for much that I never wrote, and much that I never said. The guessers have an uncommon propensity to attribute all galling personalities to me, all sketches of character that touch the quick and make some readers wince. I have, in truth, in times gone by, been a little wanton and imprudent in this particular, and I deserve to smart a little in my turn. But I never wrote a line wickedly or maliciously. There is nothing in the Spy that deserves this imputation, and nothing in the Old Bachelor, which, give me leave to tell you, “venia detur verbo," you and your Magazine, and your writer, ** have underrated. There is a juster criticism of it in the Analectic Magazine; but this writer, too, has not true taste nor sensibility. He accuses me of extravagance only because he never felt, himself, the rapture of inspiration. And you accuse me of redundant figure, because you are not much troubled yourself with the throes of imagination;-just as H-abuses eloquence because there is no chord in his heart which responds to its notes. So take that. And if you abuse me any more, I will belabor your Magazine as one of the heaviest, dullest, most drab-colored periodicals extant in those degenerate days. What! shall a Conestoga wagon-horse find fault with a courser of the sun, because he sometimes runs

• An allusion to the request to contribute an occasional article for the Magazine.

away with the chariot of day, and sets the world on fire? So take that again, and put it in your pocket. But enough of this badinage, for if I pursue it much farther you will think me serious;—besides it is verging to eleven, and the fire has gone down. I began this scrawl a little after five-walked for health till darkcame in and found company who remained until near ten-and could not go to bed without a little more talk with you. But I shall tire you and catch cold. So with our united love to Mrs. R., my dear H——, and yourself, good night. HYour friend, in truth,

WM. WIRT.

The term of the Supreme Court, which had now commenced, was one of severe labor to the Attorney General. His constitution was visibly beginning to give way under the excessive toils of his profession. The close of the session found him an invalid, greatly debilitated by a sharp attack of fever, which had been brought on by a too assiduous and prolonged study. This term was marked by another event which interested the whole nation,-the death of Mr. Pinkney. This eminent lawyer, whose fame is inseparably connected with that great tribunal of the nation, died on the 25th of February, 1822. His illness is said to have been produced by intense and unremitted study in a case then before the Court, and in the argument of which he had overtaxed his strength. An inflammation of the brain was the consequence which came to a fatal termination in little more than a week; thus extinguishing one of the brightest lights of American jurisprudence, and depriving the profession of one whose name alone had a power to awaken the emulation of every aspirant to the honors of forensic

renown.

The following letter of the Attorney General refers to this event, whilst it speaks also of his own feeble condition.

MY DEAR FRANCIS:

TO FRANCIS W. GILMER.

WASHINGTON, May 9, 1822.

I thank you for your letter of the first, which I should have answered sooner, but that I am yet limited in my indulgence in

this way. I keep my mind void of care,-read novels, ride, walk, play at battledore, and take as much exercise as I can bear, avoiding physic as much as possible. I am improving fast by this discipline. Tazewell, and Webster, meantime, have been reaping laurels in the Supreme Court, and I have been-sighing. North of the Potomac, I believe to a man, they yield the palm to Webster South to Tazewell. So, you see, there is section in every thing. Time will put all these matters right.

Poor Pinkney! He died opportunely for his fame. It could not have risen higher.

*

He was a great man. On a set occasion, the greatest, I think, at our bar. I never heard Emmett nor Wells, and, therefore, I do not say the American bar. He was an excellent lawyer; had very great force of mind, great compass, nice discrimination, strong and accurate judgment: and, for copiousness and beauty of diction, was unrivalled. He is a real loss to the bar. No man dared to grapple with him without the most perfect preparation, and the full possession of all his strength. Thus he kept the bar on the alert and every horse with his traces tight. It will be useful to remember him, and, in every case, to imagine him the adversary with whom we have to cope. But, I assure you, I do not enjoy more rest because that comet has set. There was a pleasurable excitement in wrestling with him on full preparation. In my two last encounters with him I was well satisfied, and should never have been otherwise when entirely ready. To draw his supremacy into question, any where, was honor enough for ambition as moderate as mine.

Poor Pinkney!--After all, how long will he be remembered? He has left no monument of his genius behind him, and posterity will, therefore, know nothing of such a man but by the report of others. What should we have known of Hortensius, but for Cicero ?

With respect to Baltimore-it would amuse you to hear the contradictory counsels I receive on this subject. The newspapers and public rumor have committed me for immediate resignation and removal thither. I have as yet decided on nothing but that I will, without resigning, attend the courts in Baltimore and