This is the famous case in which Chief Justice Chase reversed an opinion given by himself while Secretary of the Treasury and this case was finally overruled by Knox v. Lee (i 2 Wallace, 457), sustaining the constitutionality of the act after new judges had been added to the court. Another interesting case decided by Judge Robertson during his last term on the bench is that of Grigsby т-. Breckinridge reported in 2 Bush, 480-5 1 3. Robert J. Breckinridge, a member of the Kentucky family of that name, and himself an eminent Presbyterian divine, had married the widow of Alfred Shelby. Upon her deathbed she gave to her daughter by her first marriage a large number of personal and confidential letters received by her from her first husband during her girlhood and mar riage to him and also a large number of sim ilar letters received by her from Dr. Breckin ridge during her widowhood and her mar riage to him. After her death,' Dr. Breckinridge quali fied as her administrator and demanded possession of all the letters. This was re fused and litigation resulted. Judge Rob ertson delivered the majority opinion of the court refusing to allow Dr. Breckinridge to have any of the letters and defining the rights of the sender and the recipient of friendly personal letters to their possession or control. These two cases are mentioned, the first, because of its vast importance in the con stitutional history of the whole country; the last, because it presents a novel and most interesting question. Both are well worth perusal, as well for the matter which they contain as for their style and force of ex pression. It would be impossible to cite even a small proportion of the cases decided by Judge Robertson, or argued by him at the bar, that have since become " causes celebres." He had the most delightful liter ary style and in his opinions he has enriched
the reports of his state and added to its reputation as the home of oratory and classic elegance. In the last years of his public life his judicial " eye was not dimmed nor his natural strength abated." He never became a slave to old laws or practices. On the contrary he expressed himself as fearing a growing tendency to disregard precedents and " hew to the line" in each particular case before him. On September 5, 1871, just after admin istering the oath of office to Governor Pres ton H. Leslie, he turned and most unexpect edly resigned his commission as Chief Jus tice. On May 1 6, 1874, he died in the eighty-fourth year of his age at his home in Lexington, Ky. No higher tributes to his learning, his talents, and his public services can be paid than is contained in the memorial adopted by the Court of Appeals on the occasion of his death. In speaking of the history and jurisprudence of the state they are said to "have been thus far molded and matured by the great mind of Judge Robertson as much if not more than by that of any other Kentuckian, living or dead." JOSEPH R. UNDERWOOD.
The early life of Joseph R. Underwood was filled with adventure and thrilling experi ences. He was born in Virginia in 1791, of excellent parentage. When he was twelve years old, he came with his maternal uncle to the " Green River Country " in Ken tucky where he was placed in the best schools of the section. When the War of 1812 came on, he joined the first company of volunteers raised in Lexington to avenge the massacre of the Kentucky troops in the River Raisin. The regiment to which he had belonged was defeated in a battle with the British and Indians near the present site of Toledo, Ohio, and he with others taken prisoners. Contrary to the terms of the surrender, the prisoners were allowed to fall
