Wirt, though a Republican, asserted that "the functions to be performed by the Supreme Court ... are among the most difficult and perilous which are to be performed under the Constitution. They demand the loftiest range of talents and learning and a soul of Roman purity and firmness. The questions which come before them frequently involve the fate of the Constitution, the happiness of the whole nation." (Wirt to Monroe, May 5, 1823, Kennedy, ii, 153.)
Wirt, in this letter, was urging the appointment of Kent to the Supreme Bench, notwithstanding the Federalism of the New York Chancellor. "Federal politics are no way dangerous on the bench of the Supreme Court," adds Wirt. (Ib. 155.)
[1027] His strange failure to come to Roane's support in the fight, over the Judiciary amendments to the Constitution, in the Virginia Legislature during the session of 1821-22. (See infra, 371.)
[1028] Jefferson to Johnson, June 12,1823, Works: Ford, xii, footnote to 255-56.
[1029] Jefferson to Livingston, March 25, 1825, Hunt: Livingston, 295-97.
[1030] Annals, 17th Cong. 1st Sess. 68.
[1031] Roane to Thweat, Dec. 24, 1821, Jefferson MSS. Lib. Cong.
[1032] Annals, 17th Cong. 1st Sess. 69-70.
[1033] Ib. 71-72.
[1034] Annals, 17th Cong. 1st Sess. 74-75.