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I have exhausted myself, and I fear the patience of the Senate, and regret exceedingly that my indisposition prevented me from a better preparation upon this important question. I have attempted to show that the establishment of a judiciary system for this country is, and must be attended with difficulties; and that the legislature have taken such measures as to a majority of them seemed most reasonable, after much attention to the subject, to cure the evils of the old system, by the substitution of a new system.

tutional purpose. Hence it is easy to discern | law establishing an inferior court under the the different part which must be assigned to constitution? Will it be said, that although the judiciary in the two kinds of government. you cannot remove the judge from office, yet In England the executive has the most exten- you can remove his office from him? Is mursive powers, the sword or the military force; der prohibited, and may you shut a man up, the right of making war, and in effect the com- | and deprive him of sustenance till he dies, and mand of all the wealth of the nation, with an this be not denominated murder? The danger unqualified veto to every legislative act. It is, in our government is, and always will be, that therefore, rational for that nation to preserve the legislative body will become restive, and their judiciary completely independent of their perhaps unintentionally break down the barsovereign. In the United States, the caution riers of our constitution. It is incidental to must be applied to the existing danger; the man, and a part of our imperfections to believe judiciary are to be a check on the executive, that power may be safely lodged in our hands. but most emphatically to the legislature of the We have the wealth of the nation at comUnion, and those of the several States. What mand, and are invested with almost irresistible security is there to an individual, if the legis- strength; the judiciary has neither force nor lature of the Union or any particular State wealth to protect itself. That we can, with should pass a law, making any of his transac- propriety, modify our judiciary system, so that tions criminal which took place anterior to the we always leave the judges independent, is a date of the law? None in the world but by an correct and reasonable position; but if we can, appeal to the judiciary of the United States, by repealing a law, remove them, they are in where he will obtain a decision that the law the worst state of dependence. itself is unconstitutional and void, or by a resort to revolutionary principles and exciting a civil war. With a view to these principles, and knowing that the framers of our constitution were fully possessed of them, let us examine the instrument itself. Article Third, Section | First: "The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may, from time to time, ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior; and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office." Are there words in the English language more explicit? Is there any condition annexed to the judges' tenure of office other than good behavior? Of whom shall your judges be independent? We are led to an erroneous decision on this, as well as many other governmental subjects, by constantly recurring to Great Britain. That their courts should be independent of their sovereign is an important object; he is the fountain of honor and power, and can do no wrong; our President, at least for several years past, has been considered as the fountain of dishonor and weakness; and if there was any maxim upon the subject, it was that he could do no right. Of course the great object of the independence of the judiciary must here have reference not only to our executive, but our legislature. The legislature with us is the fountain of power. No person will say that the judges of the supreme court can be removed unless by impeachment and conviction of misbehavior; but the judges of the inferior courts, as soon as ordained and established, are placed upon precisely the same grounds of independence with the judges of the supreme court. Congress may take their own time to ordain and estabblish, but the instant that that is done, all the rights of independence attach to them.

If this reasoning is correct, can you repeal a

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And let it be remarked, that the law now under consideration, although it modified our courts, is strictly guarded against a violation of the principles I have here contended for. The Supreme Court is but to consist of five judges after the next vacancy shall happen; and the district judges of Tennessee and Kentucky are associated with a Circuit judge, to perform the duties of circuit judges; which duties it is well known they performed ever since the district courts were established; and in the clause which increases their salaries, they are styled the district judges; and all the alteration made in their circumstances, is an increase of duty and of salary. I have attempted to show the primary necessity of rendering the judiciary of this confederated government completely independent, not only of the executive, but especially so of the legislature.

And by adverting to the words of the instrument itself, I have attempted to show that the judiciary are secured, so far as words can do it, as well as from a circuitous removal, by repealing the law constituting the court of which they are judges, as by any direct removal.

I am strongly impressed with the magnitude of this subject; perhaps the whims of a sick man's fancy have too much impressed me te view it correctly; but, sir, I apprehend the repeal of this law will involve in it the total destruction of our constitution. It is supported by three independent pillars-the legislative,

be remembered it will crush, in one undistinguished ruin, its perpetrators, with those whom they may call their political enemies.

I most earnestly entreat gentlemen to pause and consider. I apprehend the repeal of this act will be the hand-writing on the wall, stamping Mene Tekel upon all we hold dear and valuable in our constitution. Let not the imputation of instability which is cast upon all popular bodies be verified by us, in adopting laws to-day and repealing them to-morrow, for no reason but that we have the power and will exercise it.

executive, and judiciary; and if any rude hand | ness, to tumble this fabric to the earth, let it should pluck either of them away, the beautiful fabric must tumble into ruins. The judiciary is the centre pillar, and a support to each by checking both; on the one side is the sword, on the other side is the wealth of the nation; and it has no inherent capacity to defend itself. These very circumstances united may provoke an attack, and whichever power prevails so far as to invest in itself, directly or indirectly, the power of the judiciary, by rendering it dependent, it is the precise definition of tyranny, and must produce its effects. The Goths and Vandals destroyed not only the government of Rome, but the city itself; they were savages, and felt the loss of neither; but if it be possible there can be an intention, like the son of Manoah, with his strength without his godli

The constitution is an invaluable inheritance; if we make inroads upon it and destroy it, no matter with what intentions, it cannot be replaced; we shall never have another.

HENRY LEE.

GENERAL HENRY LEE, a member of a family distinguished in the annals of America, was a native of Virginia, where he was born on the twenty-ninth of January, 1756. At the age of thirteen years he entered the college of New Jersey, at Princeton, and, continuing there the usual term, distinguished himself by a close and steady application to his studies, and a strict adherence to the collegiate rules. On graduating, late in September, 1773,* he delivered an English oration on the Liberal Arts, and received the honors of the college. The following year was passed at his home, and while his father was engaged in negotiating treaties with the different Indian tribes, the management of the private concerns of the family was intrusted to him.

At this time the troubles existing between the ministry of Great Britain and the colonists were assuming a decided character; the importation of tea had already been prohibited in the several colonies, and the "good citizens" had been called on to discountenance all those unjust measures of the Crown "which ought to be opposed, as contrary to every principle of liberty, and which righteously incur the just indignation and resentment of every true American."

Animated by the exciting scenes which were being enacted around him, and in which so many of his kinsmen were engaged, young Lee relinquished "the soft scenes of tranquil life for the rough adventures of war," and, at the age of nineteen years, he entered the service of his country, as a captain of cavalry, in the Virginia line. In this situation he soon commanded the respect and attention of his countrymen, by his active enterprise and manly heroism.

In the autumn of 1777, Lee's company, with the rest of the cavalry raised by Virginia, were formed into one regiment, and united to the Continental army. From this time he rapidly acquired distinction as an able and gallant officer, and by the high state of discipline and efficiency he maintained in his company, soon won the confidence of the commander-in-chief, a confidence which continued through life.

An account of one of Captain Lee's earliest exploits, and which probably, in some measure, led to his preferment, is given by that officer, in his Memoirs of the War in the Southern Department. It is as follows:-After the success of the British at the Brandywine, the British general pursued his route across the Schuylkill, directing his course to Philadelphia. Contiguous to his route, lay some mills stored with flour for the use of the American army. Their destruction was deemed necessary by Washington, and his aide-de-camp, Lieutenant-colonel Hamilton, attended by Captain Lee, with a small party of his troop of horse, were despatched in front of the enemy with the order of execution. The mill, or mills, stood on the bank of the Schuylkill. Approaching, you descend a long hill, leading to a bridge over the mill-race. On the summit of this hill two videts were posted; and soon after the party reached the mills. Lieutenant-colonel Hamilton took possession of a flat-bottomed boat for the purpose of transporting himself and his comrades across the river, should the sudden approach of the enemy render such retreat necessary. In a little time this precaution manifested his sagacity: the fire

• An extended account of the commencement exercises was published in Rivington's New York Gazetteer, of Octo ber 14th, 1778.

Captain

of the videts announced the enemy's appearance. The dragoons were ordered instantly to embark. Of the small party, four, with the Lieutenant-colonel, jumped into the boat, the van of the enemy's horse in full view, pressing down the hill in pursuit of the two videts. Lee, with the remaining two, took the decision to regain the bridge, rather than detain the boat. Hamilton was committed to the flood, struggling against a violent current, increased by recent rains; while Lee put his safety on the speed and soundness of his horse.

The attention of the enemy being engaged by Lee's push for the bridge, delayed the attack upon the boat for a few minutes, and thus afforded Hamilton a better chance of escape. The two videts preceded Lee as he reached the bridge; and himself, with the two dragoons, safely passed it, although the enemy's front section emptied their carbines and pistols at the distance of ten or twelve paces. Lee's apprehension for the safety of Hamilton continued to increase, as he heard volleys of carbines discharged upon the boat, which were returned by the guns singly and occasionally. He trembled for the probable issue, and as soon as the pursuit ended, which did not long continue, he despatched a dragoon to the commander-in-chief, describing with feelings of anxiety what had passed, and his sad presage. His letter was scarcely perused by Washington, before Hamilton himself appeared; and, ignorant of the contents of the paper in the general's hand, renewed his attention to the ill-boding separation, with the probability that his friend Lee had been cut off, inasmuch as instantly after he turned for the bridge, the British horse reached the mill, and commenced their operations upon the boat. Washington, with joy, relieved his fears, by giving to his aide-de-camp the captain's letter. Thus did fortune smile upon these two young soldiers, already united in friendship, which ceased only with life. Lieutenant-colonel Hamilton escaped unhurt, but two of his four dragoons, with one of the boatmen, were wounded.*

At the battle of Germantown, Lee's company of cavalry was selected by General Washington as his body guard. In January, 1778, when occupying a small stone house, with a body of ten men, the rest of his command being absent on a foraging expedition, the building was surrounded by two hundred of the British cavalry, who attempted to take him prisoner, but were met with so spirited a resistance that they were compelled to retreat. Soon after this he was advanced to the rank of major, with the command of three companies of cavalry. While in this position he planned and executed the celebrated attack on the British post at Paulus Hook, opposite to the city of New York, their head-quarters. He surprised and took the garrison, under the eye of the British army and navy, and safely conducted his prisoners into the American lines, many miles distant from the post captured. There are few enterprises to be found on military record, equal in hazard or difficulty, or conducted with more consummate skill and daring courage. It was, too, accompanied without loss; filled the camp of the enemy with shame and astonishment, and shed an unfading lustre on the American arms.

In 1780, Lee was promoted to the rank of lieutenant-colonel commandant of a separate legionary corps, and was sent to the southern department of the United States, to join the army under General Greene, where he remained until the close of the war. The many brilliant achievements which he performed in that difficult and arduous war, under that celebrated and consummate commander, it is not necessary to enumerate; "they are so many illustrious monuments of American courage and prowess, which in all future ages will be the theme of historical praise—of grateful recollection by his countrymen, and of ardent imitation by every brave and patriotic man.”

On the termination of the war, he returned to the peaceful walks of civil life. He was subsequently a member of the legislature of his native State, and in 1786, was chosen a delegate to the Continental Congress. Two years after, he served as a member of the convention for the ratification of the Federal Constitution, which instrument he supported. In 1792, he was elected Governor of Virginia, continuing in office three years. During his administration, in August, 1794, the celebrated Whiskey Insurrection, in Pennsylvania, had taken so serious a character, that an army was formed composed of volunteers from that State, and detachments of militia

Memoirs of the War in the Southern Department of the United States. By Henry Lee. Edition, 1827, pago 17.

from New Jersey, Maryland, and Virginia. Governor Mifflin took command of the troops of his State. The Governor of New Jersey commanded the troops of that State, and those of Maryland and Virginia, as well as the others, were under the command of General (then Governor) Lee. When these troops had assembled at their respective places of encampment, General Washington visited them, and directed General Hamilton to accompany them to the west. The insurgents did not venture to meet this force, and the rebellion ceased without a conflict.* General Lee was chosen a representative in the Congress of the United States in year 1799, and was selected by that body to pronounce an oration in honor of the memory of Washington. He continued in Congress until the commencement of Mr. Jefferson's Presidency, when he retired altogether from public life.

In the summer of 1814, while General Lee was residing in Baltimore, he was concerned in a political riot, and suffered a severe assault, from the effects of which he never recovered. After passing some time in the West Indies for the benefit of his health, he returned to his native land, where he died on the twenty-fifth of March, 1818, at the residence of Mrs. Shaw, the daughter of General Greene, at Cumberland Island, near St. Mary's, Georgia.

He left behind him an extensive and valuable historical work, entitled, Memoirs of the War in the Southern Department of the United States, in which the difficulties and privations endured by the patriotic army employed in that quarter-their courage and enterprise, and the skill and talents of their faithful, active, and illustrious commander, General Greene, are displayed in never-fading colors. †

EULOGY ON WASHINGTON.

This oration was prepared and delivered at the request of the Congress of the United States, by General Lee, at Philadelphia, on the twenty-sixth of December, 1799.

In obedience to your will, I rise your humble organ, with the hope of executing a part of the system of public mourning which you have been pleased to adopt, commemorative of the death of the most illustrious and most beloved personage this country has ever produced; and which, while it transmits to posterity your sense of the awful event, faintly represents your knowledge of the consummate excellence you so cordially honor.

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when every moment gives birth to strange and momentous changes; when our peaceful quarter of the globe, exempt as it happily has been share in the slaughter of the human race, may yet be compelled to abandon her pacific policy, and to risk the doleful casualties of war; what limit is there to the extent of our loss? None within the reach of my words to express; none which your feelings will not disavow.

The founder of our federate republic-our bulwark in war, our guide in peace, is no more! O that this were but questionable! Hope, the comforter of the wretched, would pour into our agonizing hearts its balmy dew. But, alas! there is no hope for us; our WASHINGDesperate, indeed, is any attempt on earth TON is removed for ever! Possessing the stoutto meet correspondently this dispensation of est frame, and purest mind, he had passed heaven; for, while with pious resignation we nearly to his sixty-eighth year, in the enjoysubmit to the will of an all-gracious Provi- ment of high health, when, habituated by his dence, we can never cease lamenting, in our care of us to neglect himself, a slight cold, disfinite view of Omnipotent wisdom, the heart-regarded, became inconvenient on Friday, oprending privation for which our nation weeps. When the civilized world shakes to its centre;

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pressive on Saturday, and, defying every medical interposition, before the morning of Sunday, put an end to the best of men. An end did I say?-his fame survives! bounded only by the limits of the earth, and by the extent of the human mind. He survives in our hearts, in the growing knowledge of our children, in the affection of the good throughout the world: and when our monuments shall be done away; when nations now existing shall be no more; when even our young and far-spreading empire shall have perished, still will our WASHINGTON'S

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