[16] Wirt, 9.
[17] Wirt, 13. This is the passage on which Jefferson, in his extreme old age, made the characteristically inaccurate comment: “His biographer says, ‘He read Plutarch every year.’ I doubt if he ever read a volume of it in his life.” Curtis, Life of Webster, i. 585.
CHAPTER III
BECOMES A LAWYER
Some time in the early spring of 1760, Thomas Jefferson, then a lad in the College of William and Mary, was surprised by the arrival in Williamsburg of his jovial acquaintance, Patrick Henry, and still more by the announcement of the latter that, in the brief interval since their merrymakings together at Hanover, he had found time to study law, and had actually come up to the capital to seek an admission to the bar.
In the accounts that we have from Henry’s contemporaries respecting the length of time during which he was engaged in preparing for his legal examination, there are certain discrepancies,—some of these accounts saying that it was nine months, others six or eight months, others six weeks. Henry himself told a friend that his original study of the law lasted only one month, and consisted in the reading of Coke upon Littleton and of the Virginia laws.[18]
Concerning the encounter of this obscure and raw country youth with the accomplished men who examined him as to his fitness to receive a license [Pg 23] to practice law, there are three primary narratives,—two by Jefferson, and a third by Judge John Tyler. In his famous talk with Daniel Webster and the Ticknors at Monticello, in 1824, Jefferson said: “There were four examiners,—Wythe, Pendleton, Peyton Randolph, and John Randolph. Wythe and Pendleton at once rejected his application; the two Randolphs were, by his importunity, prevailed upon to sign the license; and, having obtained their signatures, he again applied to Pendleton, and after much entreaty, and many promises of future study, succeeded also in obtaining his. He then turned out for a practicing lawyer.”[19]
In a memorandum[20] prepared nearly ten years before the conversation just mentioned, Jefferson described somewhat differently the incidents of Henry’s examination:—
“Two of the examiners, however, Peyton and John Randolph, men of great facility of temper, signed his license with as much reluctance as their dispositions would permit them to show. Mr. Wythe absolutely refused. Rob. C. Nicholas refused also at first; but on repeated importunities, and promises of future reading, he signed. These facts I had afterwards from the gentlemen themselves; the two Randolphs acknowledging he was very ignorant of law, but that they perceived him to be a young man of genius, and did not doubt he would soon qualify himself.”[21]
[Pg 24]Long afterward, and when all this anxious affair had become for Patrick Henry an amusing thing of the past, he himself, in the confidence of an affectionate friendship, seems to have related one remarkable phase of his experience to Judge John Tyler, by whom it was given to Wirt. One of the examiners was “Mr. John Randolph, who was afterwards the king’s attorney-general for the colony,—a gentleman of the most courtly elegance of person and manners, a polished wit, and a profound lawyer. At first, he was so much shocked by Mr. Henry’s very ungainly figure and address, that he refused to examine him. Understanding, however, that he had already obtained two signatures, he entered with manifest reluctance on the business. A very short time was sufficient to satisfy him of the erroneous conclusion which he had drawn from the exterior of the candidate. With evident marks of increasing surprise (produced, no doubt, by the peculiar texture and strength of Mr. Henry’s style, and the boldness and originality of his combinations), he continued the examination for several hours; interrogating the candidate, not on the principles of municipal law, in which he no doubt soon discovered his deficiency, but on the laws of nature and of nations, on the policy of the feudal system, and on general history, which last he found to be his stronghold. During the very short portion of the examination which was devoted to the common law, Mr. Randolph dissented, or affected to dissent, from one of Mr. Henry’s answers, [Pg 25] and called upon him to assign the reasons of his opinion. This produced an argument, and Mr. Randolph now played off on him the same arts which he himself had so often practiced on his country customers; drawing him out by questions, endeavoring to puzzle him by subtleties, assailing him with declamation, and watching continually the defensive operations of his mind. After a considerable discussion, he said, ‘You defend your opinions well, sir; but now to the law and to the testimony.’ Hereupon he carried him to his office, and, opening the authorities, said to him: ‘Behold the force of natural reason! You have never seen these books, nor this principle of the law; yet you are right and I am wrong. And from the lesson which you have given me (you must excuse me for saying it) I will never trust to appearances again. Mr. Henry, if your industry be only half equal to your genius, I augur that you will do well, and become an ornament and an honor to your profession.’”[22]