(1829-61) was a lawyer of great force and ability, and the reports of his time bear ample testimony to his varied powers. After Story's death, he was the principal critic of the constitutional views of the chief justice. Although his celebrated dissent in the Dred Scott Case, 19 Howard 393, was overshad owed by the wonderful effort of his col league, Justice Curtis, his clearness of thought and vigor of expression may be stud ied to advantage in Prigg v. State of Penn sylvania, 1 6 Peters 539, probably his ablest effort, as well as in the cases given in the note below.1 On the other hand, Justice Baldwin (183044), who was also a man of extraordinary mental force, was in general accord with the constitutional views of his chief, and sup ported him with vigor and ability. He for mulated his constitutional theory in 1837 in a treatise on the Origin and Nature of the Constitution and Government of the United States. His opinion in McGill r. Brown, Brightly (Penn.) 346, indicates his learning; his intellectual characteristics are illustrated by his opinions in State of Rhode Island v. State of Massachusetts, 12 Peters 657, and in the cases in the note below.2 His dignified and impressive submission of the law to a jury in United States v. Wilson, Baldwin 99, could not be improved: "We have thus 1 Mayor of New Orleans T. United States, 10 Peters 662; Briscoe r. Bank of Kentucky. 11 i/>. 257: Graves v. Slaughter, 15 it. 449; The Wheeling Bridge Case, 9 Howard 647; 13 it. 518; 18 it. 421; Green r. Neat's Lessee, 6 Peters 291; Hazard;1. New England Marine Insurance Company, 8 Peters 557: Wheaton;•. Peters, 8 ib. 591; The License Cases, 5 Howard 504; The Pass enger Cases, 7 ib. 283; The Magnolia, 20 ib. 296; Fox •>. State of Ohio, 5 it. 410; State Bank of Ohio v. Knoop, 16 ib. 369; Jackson;•. James, 20 ib. 296: Spooner r. McConnell, I McLean 337; Bartlett r. Crittenden, 5;*. 32; and the Nautrality Cases in 2 McLean I and 5 ib. 306.. 2 Craig *'. Missouri, 4 Peters 410; Graves r. Slaughter, 15 ib. 449; Mayor of New York;•. Miln, u it>. 102; Bris coe r. Bank of Kentucky, it. 257; Charles River Bridge r. Warren Bridge, it. 420; Harrison -<•. Nixon, 9 it. 505; I'oole T. Kleeger, n Peters 185; McCracken r. Hayward, 2 Howard 6oS; United Stales i>. Holmes,! Wal lace, Junior i; United States T. Wilson, Baldwin 78; Baker;/. Biddle, it. 394; Tilghman;•. Tilghman's Kxecutors, ib. 464.
stated to you the law of this case under the solemn duties and obligations imposed upon us, under the clear conviction that in doing so we have presented to you the true test by .vhich you will apply the evidence to the case; but you will distinctly understand that you are the judges of the law and the fact in a criminal case, and are not bound by the opinion of the court; you may judge for yourselves, and if you should feel it your duty to differ from us you must find your verdict accordingly. At the same time, it is our duty to say that it is in perfect accordance with the spirit of our legal institutions that courts should decide questions of law and juries of fact; the nature of the tribunals nat urally leads to this division of duties, and it is better, for the sake of public justice, that it should be so; when the law is settled by a court there is more certainty than when done by a jury, it will be better known and more respected in public opinion. But if you are prepared to say that the law is different from what you have heard from us you are in the exercise of a constitutional right to do so. We have only one other remark to make on this subject—by taking the law as given by the court you incur no moral responsibility; in making a rule of your own there may be some danger of mistake." Although Justices Wayne (1835-67) and Catron 61837-65) were quite generally effi cient in the performance of the varied duties of the court, their chief distinction was at tained as specialists. Wayne was especially influential in the domain of admiralty law, although some of his opinions on constitu tional law and on public land titles have been highly respected.3 Justice Catron was an 3 Justice Wayne's leading cases are Waring v. Ciark, 5 Howard 441; Cutler r. Rae, 7 Howard 729: Prigg r. State of Pennsylvania, 16 Peters 539: The Passenger Cases, 7 Howard 283: United States r. King, 7 ib. 883; Story v. Livingston, 13 Peters 359; Raymond r. Tyson, 17 Howard 53; Perrin r. Casey, 24 it. 465; Ex partf Wells, 18 it. 307: Warner v. Martin, II /'*. 209; Dodge -'. Woolsey, 18 it. 331; Barber T. Barber, 24 it. 582, and his charge on the slave trade, Federal Cases, No. 8269, a.
