George Wythe

Joey Carlson
MSMU Class of 2025

(7/2022) Mr. George Wythe (1726-1806) is a fascinating figure from the dawn of our nation. He was America’s first professor of law, and a personal friend and mentor of Thomas Jefferson. He was one of the most distinguished men of his age, and it is no doubt that a man so influential in Jefferson’s thought would have his ideas somewhere in the Declaration of Independence, and in all of Jefferson’s work. He was one of the seven men from Virginia to sign the Declaration, and one of the few to whom Jefferson had entrusted a manuscript to for revisions a month before the signing. Among the founding fathers, Wythe is one of the humblest. He was known for his extreme intelligence and knowledge of law, and especially for his pensive demeanor. Unlike many of the other Virginians to sign the Declaration, Wythe was an abolitionist, though a quiet one. He freed his slaves and provided for them until they could earn a living. His giving them their lives, however, cost him his own life, for a young member of his family, upon learning that Wythe had conditionally willed part of his property to be given to his slaves, attempted to enlarge his own share by poisoning them with arsenic. Wythe was poisoned too, however, and died at the age of 80. Though he was very influential, few of his writings survived except for his legal texts from when he was a chancellor of Virginia.

Wythe was born into a rich agricultural family, but his father died when he was three. He was raised by his mother, who was exceedingly well educated for a woman of her day, and she tutored him in the classics. His mother died, however, when he was a teenager, and his brother, who cared little for him, took over the family estate. Wythe entered college at William and Mary, but couldn’t afford the fees, so he dropped out. He managed, however, to secure a study of law at the age of 20. He was exceptionally intelligent and was appointed clerk of the committee that formed the House of Burgesses. He was appointed Attorney General of Virginia in 1753, and was elected representative to the House of Burgesses for Williamsburg in 1755. His brother died and he inherited the family farm, and served in the House of Burgesses until the Revolution. He was elected to the Board of Visitors at the College of William and Mary in 1761, and in 1769, the man who couldn’t even afford a degree was our nation’s first professor of law. He taught Thomas Jefferson, James Monroe, Henry Clay, John Marshal, and many other very important individuals. His friendship with Jefferson would last him the rest of his lifetime, and when he died, Jefferson received his silver cups, gold headed cane, and his entire library. Much of what we know about Wythe comes from correspondences about him after his death. In this remarkable passage full of the highest praise, Governor John Tyler of Virginia wrote to President Jefferson in 1810 asking if he could send the President Wythe’s lecture notes for publication:

"[the publication of Wythe’s lecture notes] will afford a lasting evidence to the world, among much other, of your remembrance of the man who was always dear to you and his country. I do not see why an American Aristides should not be known to future ages. Had he been a vain egoist his sentiments would have been often seen on paper; and perhaps he erred in this respect, as the good and great should always leave their precepts and opinions for the benefit of mankind."

The notes were sadly never published, and were eventually lost to history. What is most striking to me from this passage is that Tyler called Wythe "an American Aristides." Aristides was an Athenian from the dawn of the Greek Golden Age, the period credited with the invention of democracy. The ancient historian Herodotus cited Aristides as "the best and most honourable man in Athens," and even in his own time, Aristides was known as "the just." This is highest praise enough, but the correlation continues. Aristides was known for his rivalry with Themistocles, the other most important general in the Greek war against the Persians. These two combined saved the Athenian Civilization, and they were right before the time of Pericles, one of the most well-known of all Greeks, who set Athens, and therefore democracy, at the forefront of the Greek world. Wythe had a rival too: Edmund Pendleton. Pendleton was known for his oratory and power of persuasion, even though he was considerably less educated in jurisprudence, and he often defeated Wythe in the court room on account of his adeptness at debating. The largest collection of work we have from Wythe is actually his criticisms of Pendleton's court decisions. Pendleton was also a friend of Jefferson’s, and was another of the men to receive the draft of the Declaration a month before it was signed. Only a few months after the war had begun, Wythe, Pendelton, and Jefferson were tasked with revising the old colonial laws in Virginia. Jefferson, of course, is known as one of the great fathers of our nation, and the parallels between the Golden Age of Athens and the founding of our nation are manifold. Jefferson is to Pericles as Pendleton is to Themistocles, and Wythe is to Aristides. Wythe truly has earned this title, "the just."

I am from Virginia, so this part of our history was refreshing to me. Virginia, of course, was the cradle of the Confederacy in the Civil War, and most of our founding fathers owned slaves, a fact which has always grieved me. It was incredible, therefore, to discover such a noble and intelligent man of such highest convictions. Though I don’t imagine he intended to do so, he died for his slaves’ freedom, and I cannot imagine a more fitting end for a man who put everything on the line for your freedom and mine.

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