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thousand affectionate assiduities, so associated herself with his happiest hours, as to render her presence one of his highest delights, and frequent letters to her, when absent, almost indispensable to his content.

We have a touching memoir of this daughter, written by him, not long after her death, which, as it served to recall many pleasing remembrances to the parent, was labored with the zeal of a sacred affection.-"Young as she was," he says in this memoir-" she seemed to be the seal and connecting bond of the whole family. Her voice, her smile, her animated graceful movements, her countless little acts and expressions of kindness and love, those small, sweet courtesies of life,' which she was so continually rendering to all around her, and with such exquisite grace of manner, had made her necessary to the individual happiness of every member of the household. When she was lost to us, it was as if the key-stone of the arch had been removed. There was a healthfulness in the glow of her fresh and young affections which animated the rigid nerves of age, and a pleasantness and beauty in the play of her innocent thoughts and feelings which could smooth the brow of care, and light up a smile even in the face of sorrow. To me she was not only the companion of my studies, but the sweetener of my toils. The painter, it is said, relieved his aching eyes by looking on a curtain of green. My mind, in its hour of deepest fatigue, required no other refreshment than one glance at my beloved child as she sat beside me."

The deep feeling and sadness of these lingering recollections, as we find them expressed, both in Mr. Wirt's letters and in this memoir, the graceful and refined utterance of them, and the earnest sentiment of religious resignation struggling upwards through a heavy cloud of grief, will not fail to remind the reader, who is familiar with the writings of Evelyn, of a parallel incident strikingly resembling this, in the life of that gentle and philosophic scholar.* Indeed, in the general complexion of mind, in cast of

*In Evelyn's Diary, March 10, 1645, he notices the death of his daughter Mary, at the age of nineteen, in terms singularly coincident, both in the description of the child and in tone of his own feelings, with those of Mr. Wirt.

"The justness of her station, person, comeliness of her countenance, gracefulness of motion, unaffected, though more than ordinary beautiful, were the least of

character, in the imaginations which were most pleasant to his fancy, in purity of taste, love of art and devotion to literature, as well as in the constant acknowledgment of the influences of Christian faith, Mr. Wirt bore a strong similitude to this distinguished Englishman, who now, after the lapse of two centuries, occupies so amiable a station in the literature of his country.

From this period we date a very notable change in the aspect of Mr. Wirt's life. He lost,-never entirely to recover it,-that buoyancy of spirit which heretofore, even in his gravest moments, was wont to break forth in sudden and irrepressible sallies. This sad event affected his health and secretly preyed upon his mind, to a degree which is supposed to have hastened the termination of his life. That religious reverence which had long been a sentiment of his heart now grew into a pervading and almost engrossing passion. It chastened his ambition, sobered his views of temporal life, led to the abandonment of schemes and fancies which for a long time had formed the staple of his hopes in the pursuit of his profession. He became, more than ever, a student in spiritual knowledge and a most devout and assiduous christian.

her ornaments compared with those of her mind. Of early piety, singularly religious, spending a part of every day in private devotion. What shall I say, or rather not say, of the cheerfulness and agreeableness of her humor? Condescending to the meanest servant in the family, or others, she still kept up respect without the least pride. She danced with the greatest grace I had ever seen-but so seldom showed that perfection, save in the gracefulness of her carriage, which was with an air of sprightly modesty not easily to be described. Nothing affected, but natural and easy in her deportment as in her discourse-to which the extraordinary sweetness of her tone, even in familiar speaking, was very charming. I have been assisted by her in reading and praying by me; comprehensive of uncommon notions, curious of knowing every thing to some excess, had I not sometimes repressed it. Nothing was so delightful to her as to go into my study, where she would willingly have spent whole days. But all these are vain trifles to the virtues which adorned her soul. She was sincerely religious, most dutiful to her parents whom she loved with an affection tempered with great esteem, so as we were easy and free and never were so well pleased as when she was with us, nor needed we other conversation. Oh, dear, sweet and desirable child, how shall I part with all this goodness and virtue, without the bitterness of sorrow and reluctancy of a tender parent! Thy affection, duty and love to me was that of a friend as well as a child!"

The Memoir of Mr. Wirt will form a portion of an additional volume of a devotional character which I have prepared from his papers. The reader will find in the perusal of it, how singularly it resembles the sketch which I have only partially extracted from the Diary of Evelyn.

VOL. 2-29

I find, amongst the papers belonging to this stage of his history, much pious meditation and religious discourse, preserved in essays and other writings which seem to have occupied a large share of his time. Age advanced rapidly, making its strong marks upon his frame, but not subduing or even diminishing the ardor of his industry, or blunting the edge of his faculties. It made him wiser and better, without abating the strength of his judgment or intellect. Occasionally we may find his former playfulness revived, but we cannot help seeing in it, how much it was tempered and abbreviated by the ever-returning memory of his affliction.

The impeachment case had scarcely been disposed of, before Mr. Wirt was called to an active course of employment in the Supreme Court. It was fortunate, perhaps, to his peace of mind that, at this period of domestic grief, his professional engagements were more than ordinarily exacting of his time. No interval was allowed to sorrowful meditation. He addressed himself to the task before him with a manly resolution, and acquitted himself of his duty with an energy that wholly concealed or overmastered the troubles of his mind. After arguing several cases of inferior importance, he found himself, at once, at the threshold of that great controversy of the Cherokees and the State of Georgia, which, at this time, so profoundly engaged the public feeling.

The motion for the injunction in that case, was to be made, according to the notice, on the fifth of March.

On that day Mr. Wirt and Mr. Sergeant appeared as counsel for the Cherokee Nation. The State of Georgia refused to appear, and was therefore unrepresented in the Court. The cause was opened by Mr. Sergeant, and the argument concluded by his colleague.

"The great interest excited throughout the Union by this controversy," says the North American Review of that period, "was naturally to be expected from the novelty of the case, the dignity of the parties, and the high importance of the principles in question. The scene wore, in some degree, the imposing majesty of those ancient debates, in which the great father of Roman eloquence sustained, before the Senate, the rights of allied and dependent, but still sovereign princes, who had found themselves compelled to seek for protection and redress from the justice of the mighty Republic. We may add, that the high and well-earned

reputation of the counsel, retained by the Indians, added another point of resemblance to the parallel."

The most important question in the cause, as it turned out, related to the jurisdiction of the Court. The motion for an injunction against the State of Georgia to prevent the execution of the offensive laws in the territory of the Cherokees, was an original proceeding in the Supreme Court. The Constitution gives that tribunal jurisdiction in controversies "between a state or the citizens thereof, and foreign states, citizens or subjects." It gives, also, original jurisdiction to the Supreme Court, in all cases in which a state may be a party. The question which arose under these clauses was,-"Is the Cherokee Nation a foreign state within the meaning of the Constitution?" This question, though preliminary in its nature, and, in one aspect, decisive of the case, was argued by the counsel in connection with all the other topics belonging to the history of the controversy.

Mr. Wirt's argument was very carefully studied. It presents a complete view of the high questions of national law involved in the case, laid down with that precision and force which, more than any other quality, distinguished his exposition of complicated facts or principles. It is an argument upon which the most eminent lawyer in the country might contentedly rest his fame; and although it is delivered to the profession, stript of much of that embellishment which escapes in a revised report, it affords a very fair and favorable example both of the pleader's mode of debating questions in the highest department of the science of jurisprudence, and of the characteristic strain of his eloquence.

I can find space but for one extract from this speech which, altogether, fills nearly one hundred pages in the report. The portion I select refers to a topic of momentous concern at the time of the trial.

Georgia, as we have noticed, abstained from any recognition of the proceedings in the Supreme Court. There was a sullen and ominous silence on the part of the State. It was said by those who were supposed to be confidential with her counsels, that Georgia was not present because she did not mean to abide by an adverse decision, and, therefore, took no steps to secure a favorable one. She had assumed a position, according to the phrase of the day, "upon her reserved rights," and acknowledged

no arbiter between her and the Cherokees. Not long before this trial she had given a very significant hint as to the course she designed to pursue throughout the whole controversy. A Cherokee, known by the name of Corn Tassel, had murdered another Indian within the territory of the tribe. He was arrested by the authority of the State, under one of the recent laws against the tribe, was tried and sentenced to be hung. A writ of error was granted by the Supreme Court, to the final sentence of the State Court, upon the same grounds which induced the application for the injunction. But the State, totally irrespective of the proceedings, executed the sentence, pending the appeal.

This temper of the State, and the surmises which were so current in the Capital as to the manner in which a decision against Georgia might be received, suggested to the counsel the topic of his concluding remarks.

"Shall we be asked (the question has been asked elsewhere) how this court will enforce its injunction, in case it shall be awarded? I answer, it will be time enough to meet that question when it shall arise. At present, the question is whether the court, by its constitution, possesses the jurisdiction to which we appeal and it is beginning at the wrong end of the inquiry to ask how the jurisdiction, if possessed, is to be enforced. No court takes this course in deciding such a question. They examine the question of jurisdiction by the law which creates the tribunal and marks out its powers and duties. If they find the jurisdiction there, they exercise it, and leave to future consideration the mode of enforcing it in case it shall be resisted. In a land of laws, the presumption is that the decision of courts will be respected; and, in case they should not, it is a poor government indeed, in which there does not exist power to enforce respect. In the great case of Penn and Lord Baltimore, in which the boundaries of States in North America were in question, Lord Hardwicke did not ask himself how he was to enforce his decree. Although the tribunal was parted by the Atlantic ocean from territory in question; he felt no embarrassment on that point. as he had a right to do, that the parties would respect his decision. Had the idea, even, crossed his mind of their proving contumacious, he would have relied, for the support of his authority, on the general coercive powers inherent in all courts, and,



took it for granted,

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