Wirt, William, (b. Bladensburg, Md., 8 Nov. 1772; d. Washington, D.C., 18 Feb. 1834), lawyer and statesman. A prominent lawyer in the early republic, William Wirt helped shape its legal system. Though Wirt was inclined toward a scholar's life, he never escaped the financial necessity of frequently arguing in court. As United States attorney general (1817–1829) in cabinets confronted with controversial issues, he seemed uninterested in politics. When nominated for president by the Antimasons in 1832, he wished to withdraw in favor of Whig candidate, Henry Clay, but did not. Originally a states' righter, he moved toward constitutional nationalism under the influence of Chief Justice John
Marshall. Still, he seemed not to understand the connections between law and politics.
Wirt argued 174 cases in the Supreme Court, some as attorney general for the government and more as counsel for private clients. (He and his contemporaries saw no impropriety in a mixture of the two roles.) In his long tenure as attorney general, he strengthened that office, which before his term had been quite weak. His advocacy of state power over a chartered
corporation was unsuccessful in
Dartmouth College v. Woodward (1819). But in
Gibbons v. Ogden (1824), the Court's first Commerce Clause case, he assisted Daniel
Webster in breaking New York's steamboat monopoly. His argument for the constitutionality of the Bank of the United States in
McCulloch v. Maryland (1819) was strong, though overshadowed by William
Pinkney's powerful exposition of nationalism. In a valiant effort near the end of his life, he won the case of
Worcester v. Georgia (1832), yet found that Indian removal to the West was unavoidable (see
Cherokee Cases).
Maurice Baxter