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The Sinking Fund Cases (99 U. S. 700), which involved the validity of the act of Congress known as the Thurman Act, requiring the Pacific Railroad Companies to make annual payments for a sinking fund to meet the bonds loaned to them by the Government;-- Tennessee _v._ Davis (100 U. S. 257), as to the right of a United States officer to be tried in the Federal courts for killing a person in self-defence whilst in the discharge of his official duties;--The Civil Rights case of Strander _v._ W. Virginia and others (100 U. S. 303-422), in which were settled the rights of all classes of citizens, irrespective of color, to suffrage and to representation in the jury box, and the right of the Government of the United States to interpose its power for their protection;--Neal _v._ Delaware (103 U. S. 370), by which it was decided that the right of suffrage and (in that case) the consequent right of jury service of people of African descent were secured by the 15th Amendment to the Constitution, notwithstanding unrepealed state laws or constitutions to the contrary. In all these cases and many others the arguments of the Attorney- General were presented with distinguished ability and dignity, and with his habitual courtesy and amenity of manner; whilst his broad and comprehensive views greatly aided the court in arriving at just conclusions. In all of them he was successful; and it may be said that he rarely assumed a position on behalf of the Government, in any important case, in which he was not sustained by the judgment of the court. His advocacy was conscientious and judicial rather than experimental-- as is eminently fitting in the official representative of the Government. It best subserves the ends of justice, the suppression of useless litigation, and the prompt administration of the law. I can only add that the members of the Supreme Court parted with Attorney-General Devens with regret. Of him, as of so many other eminent lawyers, the reflection is just, that the highest efforts of advocacy have no adequate memorial. Written compositions remain; but the noblest displays of human genius at the bar--often, perhaps, the successful assaults of Freedom against the fortresses of Despotism--are lost to history and memory for want of needful recordation. _Vixere fortes ante Agamemnona;_ or, as Tacitus says of the eloquent Haterius, "Whist the plodding industry of scribblers goes down to posterity, the sweet voice
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