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ing out the unconstitutionally of the law so rect the clerk to transmit a copy, under seal, far as it affected the judiciary. "Having been to the President of the United States. It honored with the highest judicial station un will then remain for that high officer, in ful der the Constitution, he said in conclusion, filment of his constitutional obligation, to "I feel it to be more especially my duty to take care that the laws be faithfully executed, uphold and maintain the constitutional rights to determine what measure 'he will take to of that department of the government, ana cause the civil process of the United States not by any act or word of mine have it to be to be respected and enforced." supposed that I acquiesce in a measure that The last days of his private and domestic displaces it from the independent position as life were without cheer or comfort. His pri signed to it by the statesmen who founded vate fortune had been lost in worthless secur the Constitution. And in order to guard ities. Those who had been dearest to him against any such inference I present to you in his domestic life had long since passed this respectful, but firm and decided, remon away. Friends were few to ease the lonely strance against the authority you have exer hours of infirmity and illness. And when at cised under this act of Congress; and re last his indomitable will succumbed to the quest you to place this protest upon the pub weight of years, the tumult of war drowned lic files of your office as evidence that I have the feeble voice of regret. Later times have done everything in my power to preserve done justice to his memory, and there is no and maintain the judicial department in the longer any doubt of the integrity of his char position and rank in the government which acter, his mental force, and his valuable ser the Constitution has assigned to it." vice to Federal jurisprudence. In the Merryman case his mandate was As a lawyer, Taney was little, if at all, inwholly ignored. After martial law had been ferior to Marshall. To a mind of singular proclaimed in Maryland, the chief justice, grasp and readiness of apprehension, he upon the application of John Merryman, who added, as became a distinguished special had been arrested by order of General Cad- pleader, a remarkable capacity for subtle dis walader, ordered the release of the prisoner crimination. "His power of subtle analysis," on the ground that the President had no au said such a competent judge as Benjamin R. thority to suspend the writ of habeas corpus; Curtis, "exceeded that of any man I ever and this being refused, he issued an attach knew; a power not without its dangers to a ment against the officer. But the marshal! judge as well as to a lawyer; but in this case was unable to serve the writ. Taney con it was balanced and checked by excellent cluded his calm and dignified review of the common sense and by great experience in case in these words: "I have exercised all practical business." His vigorous intellect the power which the Constitution and laws had been thoroughly trained and developed confer upon me, but that power has been by a life of studious habits, and, if without resisted by a force too strong for me to over brilliancy, he was logical, scholarly and come. It is possible that the officer who has sound. incurred this grave responsibility may have Frail and emaciated in physique and with misunderstood his instructions and exceeded out an imposing presence, afflicted with a the authority intended to be given him. I species of morbid self-consciousness which shall, therefore, order all the proceedings in he was never able to overcome, he was, this case, with my opinion, to be filed and re nevertheless, a man of great dignity. As a corded in the Circuit Court of the United presiding officer he endeared himself to the States for the District of Maryland, and di bar by his gentleness and courtesy. It is