been a change in the tendency of judicial decisions. After the transcendent supremacy of Marshall, whose commanding genius for thirty-four years had dominated the delibera tions of the Supreme Court, it was natural that there should come a period of reaction. The loss of his leadership was great, but perchance the change was salutary. In this situation of public affairs' it was fortunate for the country and for the cause of juris prudence that so great a technical lawyer and so estimable a man as Taney should have been called to the Chief Justiceship of the United States. His character was firm and pure beyond reproach. His legal learning was far greater than that of any of his prede cessors. II is independence of character and absolute integrity, both mental and moral, were equal to those of any. Greater praise than this would be impossible. It would have been too much to expect that the suc cessor of Marshall would have the same paramount influence over his associates upon the bench. For thirty-four years the court had been benignly ruled by one mind and one personality, which the other judges looked up to and worshipped. There had been but few divisions of opinion in its councils. Upon the advent of Taney new men became associated with some of the old, new men with the new ideas of their times. We come to a period of frequent and wide spread differences of opinion. The new wine went not well into the old bottles. More over, Taney, with all his patient courtesy, with all his strength of character and mind, with all his great technical learning, with all his high ideals of the judicial function and the dignity of his court, with all the personal respect and affection which he inspired and won from his associates, had not the great ness and breadth of mind, the commanding intellect of Marshall. His chronic ill health and great physical weakness must have im paired and lessened his influence by a large measure. Yet his share in the deliberations of the court was greater than is apparent in the reports of its decisions, for his condition
forced him to assign to others the writing of opinions. To his weakness also is due the absence from his own opinions of any array of citations, although his industry was untir ing. His importance was greatest at con ference, where, as Mr. Justice Curtis said, his dignity, his love of order, his gentleness, his caution, his accuracy and his extraor dinary memory were of incalculable value. There can be no doubt that Taney's temper was quick and violent. He restrained it, however, with an iron will. Under provo cation its only indications were a kindling eye and burning cheek, and a voice that spoke low the fewest of words. His ideals were lofty, and, in spite of a morbid sensi tiveness that felt to the quick any disparage ment or criticism, he ever strove to achieve them in the midst of constant physical diffi culty. Mr. Justice Curtis, at the meeting of the bar of the First Circuit on' October 15, 1864, well described him as he appeared in 1 85 1 : "His tall, thin form, not much bent with the weight of years, but exhibiting in his carriage and motions great muscular weakness, the apparent feebleness of his vital powers, the constant and rigid care necessary to guard what little health he had, strongly impressed casual observers with the belief that the remainder of his days must be short. But a more intimate acquaintance soon pro duced the conviction that his was no ordinary case, because he was no ordinary man. An accurate knowledge of his own physical con dition and its necessities; an unyielding will, which while it conformed everything to those necessities, braced and vivified the springs of life; a temper which long discipline had made calm and cheerful." He guarded him self with a scrupulous care from any deviation from the narrow path which he had pre scribed for himself. While Secretary of the Treasury he refused to receive as a gift a box of cigars sent to him by a deputy col lector. While Chief Justice he declined to allow Seward to dedicate to him a speech on the subject of the indemnity for French spoliations, saying: "Ever since I have been
