Page:The Green Bag (1889–1914), Volume 16.pdf/419

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The Green Bag.

rights of States as betweert themselves that he knitted the Union into the insoluble whole, which not even a civil war could dis turb. One of the most important cases decided by the Taney Bench was Briscoe v. The Bank of the Commonwealth of Kentucky in which the difference between bank bills and bills of credit was ably discussed by Messrs. White, Hardin, Clay and Southard. The law relating to bills and notes was pretty thor oughly thrashed and the Court by a divided bench had some trouble in making the dis tinction clear. The Dred Scott case, in which Chief Justice Taney delivered the opinion of the Court, was most radical as we now consider the negro, the Court holding that he was not a citizen within the meaning of the Constitution, but was recognized as a species of property. It is contended by many that this decision caused the Civil War, but this would seem paradoxical, as the Court upheld the very reason that caused secession, while the position ot the North was denied. One of the most important decisions rend ered by this bench in its far-reaching effect was Almy v. The State of California in which that State attempted to place a tax on goods shipped to any point within or without the State. This was promptly held to be repugnant to the Constitution of the United States, which declares that no State without the consent of Congress can lay any imports or duties, etc. On this case is built the foundation of all interstate commerce. These and numerous other decisions of great importance made the Taney Bench the great est bench, except Marshall's, since the Court came into existence and it helped largely to form the lines upon which our Republic has grown into manhood and strength. A less intelligent and patriotic bench would not have made our progress possible. Thirtyfive volumes from n Peters to 2 Wallace contained the history of the Tanev Bench.

every line of which is a line of importance, forming and moulding our Republic ana lay ing its foundation so deep and solid that though shock and strain may come, all storms will be safely weathered so long as the Supreme Court is our compass. The Supreme Court consisted ot five members from 1789 to 1795. A sixth mem ber was added in 1807, two more in 1837 and the ninth in 1863, the year betöre Roger Brooke Taney of Maryland, who had been its Chief Justice for twenty-eight years died. Before his appointment to the bench, he was the leading lawyer of the Baltimore bar, At torney General of his State and a member of the United States Senate. He and Chief Justice Marshall presided for sixty-three years, and together they have given us, in the words of Mr. Carlisle, "a body of law, con stitutional and other, unsurpassed in the records of courts for the security it gives to political, personal and municipal rights. He also says of the Chief Justice, that his life was honorable and useful and that his gen eral demeanor, studious habits and pure life gave him the good will and confidence of the people. Philip P. Barbour was a distinguished son of distinguished Scotch ancestors, and like several of his associates on the bench, he began the practice of law in Kentucky. At school, he developed great aptitude for learning, and he began his public career in the Assembly. His next step was Congress where he acted as Chairman of the Judiciary Committee and in 1821 was chosen Speaker of the House of Representatives. He re fused many high positions of trust, including the nomination for Governor of his State and for the United States Senate. He was on the bench when Chief Justice Taney was con firmed, and although his term of service was short, no member of this bench displayed greater judicial power or keener insight in the construction of constitutional law. President Van Buren appointed John