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rising under the Constitution and laws of the United States is
confided to the judicial department, are we at liberty to insert in
this general grant an exception of those cases in which a State may be
a party? Will the spirit of the Constitution justify this attempt to
control its words? We think it will not. We think a case arising under
the Constitution or laws, of the United States is cognizable in the
courts of the Union, whoever may be the parties to that case. The laws
must be executed by individuals acting within the several States. If
these individuals may be exposed to penalties, and if the courts of
the Union cannot correct the judgments by which these penalties may
be enforced, the course of government may be at any time arrested by
the will of one of its members. Each member will possess a _veto_ on
the will of the whole.

That the United States form, for many and most important purposes, a
single nation has not yet been denied. These States are constituent
parts of the United States. They are members of one great empire, for
some purposes sovereign, for some purposes subordinate. In a
government so constituted is it unreasonable that the judicial power
should be competent to give efficacy to the constitutional laws of the
legislature? That department can decide on the validity of the
Constitution or law of a State, if it be repugnant to the Constitution
or to a law of the United States. Is it unreasonable that it should
also be empowered to decide on the judgment of a State tribunal
enforcing such unconstitutional law? Is it so very unreasonable as to
furnish a justification for controlling the words of the Constitution?
We think not. . . . .

THE DUTIES OF A JUDGE.

Advert, sir, to the duties of a judge. He has to pass between the
government and the man whom that government is prosecuting; between
the most powerful individual in the community and the poorest and most
unpopular. It is of the last importance that, in the exercise of these
duties he should observe the utmost fairness. Need I press the
necessity of this? Does not every man feel that his own personal
security and the security of his property depends on that fairness?
The judicial department comes home, in its effects, to every man's
fireside; it passes on his property, his reputation, his life, his
all. Is it not to the last degree important that he should be rendered
perfectly and completely independent, with nothing to influence or
control him, but God and his conscience? . . . I have always thought,
from my earliest youth until now, that the greatest scourge an angry
Heaven ever inflicted upon an ungrateful and sinning people was an
ignorant, a corrupt, or a dependent judiciary. Our ancestors thought
so; we thought so until very lately; and I trust that the vote of this
day will show that we think so still. Will you draw down this curse on
Virginia?

FOOTNOTE:

[5] By permission of Houghton, Mifflin, and Company, of Boston, as
also the following.

HENRY LEE.

~1756=1818.~

HENRY LEE, "Light-Horse Harry," of the Revolution, and father of
General R. E. Lee, was born at Leesylvania, Westmoreland County,
Virginia. His father was also named Henry Lee, and his mother was Lucy
Grymes, the famous "lowland beauty," who first captured Washington's
heart. Her son was a favorite of his, and it is an interesting fact
that it was this same Henry Lee who delivered by request of Congress
the funeral oration on Washington. In it he used those now well-known
words, "First in war, first in peace, first in the hearts of his
countrymen."

He was educated at Princeton, and joined the American army in 1777,
with his company, as Captain Lee. He rose successively to be major,
colonel, general; and after the war he served in the Continental
Congress and in the Virginia Legislature. He was injured in a riot at
Baltimore, while trying to defend a friend, and went to Cuba for his
health; but he died on his way home, at Cumberland Island on the coast
of Georgia, at the home of General Greene's daughter, Mrs. Shaw.

With his first wife, his cousin Matilda Lee, he obtained Stratford
House, where R. E. Lee was born; whose mother however, was the second
wife, Anne Hill Carter of Shirley.

WORK.

 Memoirs of the War in the Southern Department of the United States,
 edited by his sons, Henry and R. E. Lee.

General Lee's "Memoirs of the War" is a life-like and spirited
narrative of events in which he was an actor. The style is plain and
clear. His style as an orator is seen in his celebrated Funeral
Oration, of which we give the closing sentences.

CAPTURE OF FORT MOTTE BY LEE AND MARION, MAY, 1780.

(_From General Henry Lee's Memoirs of the War._)

This post was the principal depot of the convoys from Charleston to
Camden, and sometimes for those destined for Fort Granby and
Ninety-Six. A large new mansion house, belonging to Mrs. Motte,
situated on a high and commanding hill, had been selected for this
establishment. It was surrounded with a deep trench, along the
interior margin of which was raised a strong and lofty parapet. To
this post had been regularly assigned an adequate garrison of about
one hundred and fifty men, which was now accidentally increased by a
small detachment of dragoons, which had arrived from Charleston a few
hours before the appearance of the American troops, on its way to
Camden with despatches for Lord Rawdon. Captain M'Pherson commanded,
an officer highly and deservedly respected.

Opposite to Fort Motte, to the north, stood another hill, where Mrs.
Motte, having been dismissed from her mansion, resided, in the old
farmhouse. On this height Lieutenant-Colonel Lee with his corps took
post, while Brigadier Marion occupied the eastern declivity of the
ridge on which the fort stood.

The vale which runs between the two hills admitted our safe approach
within four hundred yards of the fort. This place was selected by Lee
to break ground. Relays of working parties being provided for every
four hours, and some of the negroes from the neighbouring plantations
being brought, by the influence of Marion, to our assistance, the
works advanced with rapidity. Such was their forwardness on the 10th,
that it was determined to summon the commandant.

A flag was accordingly despatched to Captain M'Pherson, stating to him
with truth our relative situation, and admonishing him to avoid the
disagreeable consequences of an arrogant temerity. To this the captain
replied, that, disregarding consequences, he should continue to resist
to the last moment. The retreat of Rawdon was known in the evening to
the besiegers; and in the course of the night a courier arrived from
General Greene confirming that event, urging redoubled activity, and
communicating his determination to hasten to their support. Urged by
these strong considerations, Marion and Lee persevered throughout the
night in pressing the completion of their works. On the next day,
Rawdon reached the country opposite to Fort Motte; and in the
succeeding night en

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