transferred to that department in order that his favorite policy might be executed. One who should now attempt to demonstrate that his view of the subject was wrong would set himself to avhard task. But right or wrong, his adherence to his convictions was admirable. Sore financial distress followed the sus pension of the bank, and its friends were able easily to persuade themselves that the suspension and the distress sustained the re lation of cause and effect. An important phase of the controversy was the relation of the bank to the currency of the country. Those of us who are politically descended from Judge Taney's critics should feel much inclined to him because of the reason which chiefly prompted his course. It was stated by himself in a sentiment sent to a meeting called to celebrate the death of the bank : "The gold coins — long exiled from our country for the benefit of the few — they are now returning for the benefit of the many." On December 28, 1835, when his brow bore the palms of victory, and the anathemas of the friends of the bank, he came to the office of Chief Justice. A change had oc curred in the political complexion of the Senate, and his nomination was confirmed. Cases involving questions of federal power which had been left undecided in the time of Marshall soon came on for reargument. The conclusions reached by a majority of the court denied the alleged federal author ity involved. One does not affect superior wisdom in saying that the conclusions reached were wrong, for they have been completely discredited by the decisions and practice of the last forty years. At tempts to reconcile them with former deci sions of the court were not successful. In those decisions the new Chief Justice con curred, but there is no reason for the view that they were made under his leadership. That he was never so influential in the court
with respect to constitutional questions,as his predecessor had been, is made manifest by the numerous differences of opinion among the members of the court upon such questions, and especially by those in which his views were shared by only a minority. Indeed, the reports of these cases do not show that the decisions would have been dif ferent if his vote and influence had been for a different result. One of these decisions, involving the exclusive power of congress to regulate foreign and inter-state commerce, was practically overruled about ten years later, but without the concurrence of the Chief Justice and contrary to his view. Although the national authority was in many respects fully asserted in the decisions of this period, it was in others obviously and illogically relaxed. Former decisions were not overruled, nor were their doctrines ex pressly rejected. Indeed, they were referred to in terms of great respect, but they were not always applied to new cases to which they were logically applicable, and doctrines inconsistent with them were declared. There was an illustration of the universal law of such cases that decisions in which correct principles are applied are but an in effectual antidote to those relating to the same general subject in which correct princi ples are rejected. Upon a comprehensive view of the situation a reaction from the tendencies toward nationalism, which had appeared in the decisions of the preceding period, was manifest. There was rejoicing or despondency in the hearts of those who had respectively hoped for the weakness and the strength of the general government as the result of the interpretation of the instru ment by which its powers had been con ferred. To the clear vision of Story a por tentous cloud had gathered, though it was not larger than a man's hand. With splen did intellect, vast learning and abounding
