page_title: William Wirt (Attorney General)
section_title: Career
hierarchical_section_title: William Wirt (Attorney General) / History / Career
caption_attribution_description: English: James Monroe's nomination of William Wirt to serve as U.S. Attorney General. Courtesy of the National Archives and Records Administration.
context_page_description: William Wirt was an American author and statesman who is credited with turning the position of United States Attorney General into one of influence. He was the longest serving Attorney General in U.S. history. He was also the Anti-Masonic nominee for president in the 1832 election.
  Wirt grew up in Maryland but pursued a legal career in Virginia, passing the Virginia bar in 1792. After holding various positions, he served as the prosecutor in Aaron Burr's trial for treason. He won election to the Virginia House of Delegates in 1808 and was appointed as a United States Attorney in 1816. The following year, President James Monroe appointed him to the position of United States Attorney General. Wirt remained in that office for the next twelve years, serving under Monroe and John Quincy Adams. He continued his law career after leaving office, representing the Cherokee in Cherokee Nation v. Georgia.
  Though Wirt was himself a former Freemason, the Anti-Masonic Party nominated him for president in 1832. Wirt did not actively campaign for office and refused to publicly speak against Masonry.
context_section_description: Wirt was admitted to the Virginia bar in 1792, and he began practice at Culpeper Courthouse. Wirt had the advantages of a vigorous constitution and a good carriage, but the drawbacks of meager legal equipment, constitutional shyness, and brusque and indistinct speech.
  In 1795, he married Mildred, daughter of Dr. George Gilmer, and moved to Pen Park, where Gilmer lived, near Charlottesville. There he made the acquaintance of many persons of eminence, including Thomas Jefferson and James Monroe. For a time, Wirt took advantage of the hospitality of the country gentlemen and the convivial habits of the members of the bar so that he was regarded by other attorneys as a bon vivant, a  fascinating, cheerful and lively, companion, rather than as an ambitious lawyer.
  In 1799 his wife died, and he moved to Richmond, where he became clerk of the Virginia House of Delegates, then chancellor of the Eastern District of Virginia, resigning after six months. In 1802, he married Elizabeth Washington Gamble, the daughter of Colonel Robert Gamble of Richmond. In the winter of 1803/04, Wirt moved to Norfolk, but in 1806, wishing for a wider field of practice, returned to Richmond.
  In 1807, President Thomas Jefferson asked him to be the prosecutor in Aaron Burr's trial for treason. His principal speech, four hours in length, was characterized by eloquent appeal, polished wit, and logical reasoning. It greatly extended his fame. The passage in which he depicted in glowing colors the home of Harman Blennerhassett and "the wife of his bosom, whom he lately permitted not the winds of summer 'to visit too roughly'", as "shivering at midnight on the wintry banks of the Ohio, and mingling her tears with the torrents that froze as they fell", was for many years a favorite piece for academic declamation. Wirt was nicknamed the "Whip Syllabub Genius" by his enemies for the frothy, over-the-top nature of his oratory.
  In 1808, Wirt was elected to the Virginia House of Delegates. In 1816 he was appointed U.S. Attorney for the District of Virginia, and in 1817 President James Monroe named him the ninth Attorney General of the United States, a position he held for 12 years, through the administration of John Quincy Adams, until 1829. William Wirt has the record for the longest tenure in history of any U.S. attorney general.
  In 1824, Attorney General Wirt argued for the United States against Daniel Webster in Gibbons v. Ogden that the federal patent laws preempted New York State's patent grant to steamboat inventor Robert Fulton's successor, Aaron Ogden, of the exclusive right to operate a steamboat between New York and New Jersey in the Hudson River. Wirt argued "that a power in the States to grant exclusive patents, is utterly inconsistent with the power given to the national government to grant such exclusive patents: and hence, that the power given to Congress is one which is exclusive from its nature." Although the Gibbons Court declined to decide the question, 140 years later the Supreme Court confirmed Wirt's view in Sears, Roebuck & Co. v. Stiffel Co.
  In June 1830, a delegation of Cherokee led by Chief John Ross selected Wirt on the urging of Senators Webster and Frelinghuysen to defend Cherokee rights before the U.S. Supreme Court. Wirt argued, in Cherokee Nation v. Georgia, that the Cherokee Nation was "a foreign nation in the sense of our constitution and law" and was therefore not subject to Georgia's jurisdiction. Wirt asked the Supreme Court to void all Georgia laws extended over Cherokee territory on the grounds that they violated the U.S. Constitution, United States–Cherokee treaties, and United States intercourse laws. Although the Court determined that it did not have original jurisdiction in this case, the Court held open the possibility that it yet might rule in favor of the Cherokee. Wirt therefore waited for a test case to again resolve the constitutionality of the laws of Georgia. On March 1, 1831, Georgia passed a law aimed at evicting missionaries, who were perceived as encouraging the Cherokee resistance to removal from Cherokee l
caption: Wirt's Attorney General nomination
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