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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 I have exhausted myself, and I fear the pato revolutionary principles and exciting a civil tience of the Senate, and regret exceedingly war. With a view to these principles, and that my indisposition prevented me from a betknowing that the framers of our constitution ter preparation upon this important question. were fully possessed of them, let us examine I have attempted to show that the establishthe instrument itself. Article Third, Section ment of a judiciary system for this country is, First: “The judicial power of the United States and must be attended with difficulties; and shall be vested in one Supreme Court, and in that the legislature have taken such measures such inferior courts as the Congress may, from as to a majority of them seemed most reasonatime to time, ordain and establish. The judges, ble, after much attention to the subject, to cure both of the supreme and inferior courts, shall the evils of the old system, by the substitution hold their offices during good behavior; and of a new system. shall, at stated times, receive for their services And let it be remarked, that the law now a compensation which shall not be diminished under consideration, although it modified our during their continuance in office." Are there courts, is strictly guarded against a violation of words in the English language more explicit ? the principles I have here contended for. The Is there any condition annexed to the judges' Supreme Court is but to consist of five judges tenure of office other than good behavior? Of after the next vacancy shall happen; and the whom shall your judges be independent? We district judges of Tennessee and Kentucky are are led to an erroneous decision on this, as well associated with a Circuit judge, to perform the as many other governmental subjects, by con- duties of circuit judges; which duties it is well stantly recurring to Great Britain. That their known they performed ever since the district courts should be independent of their sovereign courts were established ; and in the clause is an important object; he is the fountain of which increases their salaries, they are styled honor and power, and can do no wrong; our the district judges; and all the alteration made President, at least for several years past, has in their circumstances, is an increase of duty been considered as the fountain of dishonor and and of salary. I have attempted to show the weakness; and if there was any maxim upon primary necessity of rendering the judiciary of the subject, it was that he could do no right. this confederated government completely indeOf course the great object of the independence pendent, not only of the executive, but especialof the judiciary must here have reference not ly so of the legislature. only to our executive, but our legislature. The And by adverting to the words of the instrulegislature with us is the fountain of power. ment itself, I have attempted to show that the No person will say that the judges of the su- 1 judiciary are secured, so far as words can do it, preme court can be removed unless by im- as well as from a circuitous removal, by repealpeachment and conviction of misbehavior; but ing the law constituting the court of which the judges of the inferior courts, as soon as they are judges, as by any direct removal. ordained and established, are placed upon pre- I am strongly impressed with the magnitude cisely the same grounds of independence with of this subject; perhaps the whims of a sick the judges of the supreme court. Congress man's fancy have too much impressed me te may take their own time to ordain and estab- view it correctly; but, sir, I apprehend the reblish, but the instant that that is done, all the peal of this law will involve in it the total derights of independence attach to them,

struction of our constitution. It is supported If this reasoning is correct, can you repeal a l by three independent pillars—the legislative,

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 be remembered it will crush, in one undistinfabric must tumble into ruins. The judiciary guished ruin, its perpetrators, with those whom is the centre pillar, and a support to each by they may call their political enemies. checking both; on the one side is the sword, I most earnestly entreat gentlemen to pause on the other side is the wealth of the nation; and consider. I apprehend the repeal of this and it has no inherent capacity to defend itself. act will be the hand-writing on the wall, stamp

These very circumstances united may pro- ing Mene Tekel upon all we hold dear and valvoke an attack, and whichever power prevails uable in our constitution. Let not the imputaso far as to invest in itself, directly or indirect- tion of instability which is cast upon all populy, the power of the judiciary, by rendering it lar bodies be verified by us, in adopting laws dependent, it is the precise definition of tyran- to-day and repealing them to-morrow, for no ny, and must produce its effects. The Goths reason but that we have the power and will and Vandals destroyed not only the government exercise it. of Rome, but the city itself; they were savages, The constitution is an invaluable inheritance; and felt the loss of neither; but if it be possi- if we make inroads upon it and destroy it, no ble there can be an intention, like the son of matter with what intentions, it cannot be reManoah, with his strength without his godli-l placed; we shall never have another.


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 ineasures 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 Doto per 14th, 1773.

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. Captain 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. +


This oration was prepared and delivered at / when every moment gives birth to strange and the request of the Congress of the United momentous changes; when our peaceful quar

ter of the globe, exempt as it happily has been States, by General Lee, at Philadelphia, on the

from any share in the slaughter of the human twenty-sixth of December, 1799. I

race, may yet be compelled to abandon her

pacific policy, and to risk the doleful casualties In obedience to your will, I rise your humble of war; what limit is there to the extent of our organ, with the hope of executing a part of the loss? None within the reach of my words to system of public mourning which you have

express; none which your feelings will not been pleased to adopt, commemorative of the disavow. death of the most illustrious and most beloved! The founder of our federate republic-our personage this country has ever produced; and bulwark in war, our guide in peace, is no more! which, while it transmits to posterity your that this were but questionable! Hope, the sense of the awful event, faintly represents comforter of the wretched, would pour into your knowledge of the consummate excellence our agonizing hearts its balmy dew. But, you so cordially honor.

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.pressive on Saturday and defving

pressive on Saturday, and, defying every mediWhen the civilized world shakes to its centre; cal interposition, before the morning of Sunday,

put an end to the best of men. An end did I * Sullivan's Familiar Letters.

say ?-his fame survives! bounded only by the + National Intelligencer: Lee's Memoirs: and the Life | limits of the earth, and by the extent of the of Richard Henry Lee, vol. 1.

human mind. He survives in our hearts, in A Funeral Oration in honor of the memory of George

the growing knowledge of our children, in the Washington, late General of the Armies of the United, affection of the good throughout the world : Otates: prepared and delivered at the request of Congress, and when our monuments shall be done away: at the German Lutheran Church, Philadelphia, on Thurs- when nations now existing shall be no more; day, the 26th of December, by Major General Henry Lee, when even our young and far-spreading empire one of the Representatives from the State of Virginia. shall have perished, still will our WASHINGTON'S

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