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continued from term to term until June, 1868. political cabal and strengthened his position Then the Chief Justice for the first time sat beyond the possibility of successful assault. He deserves great credit for the firmness, as a judge in the Circuit Court for the Dis trict of Virginia. By agreement of counsel calmness and good judgment with which he the case was postponed until the fourth presided over his trial and for his effort to Monday of November. The plea was then stamp it with a judicial character. made that Davis was one of those included The Chief Justice considered that his judg in the Fourteenth Amendment, wherein the ment in the case of Texas v. White, 7 Wall, penalties enumerated took the place of any 700, was his most important opinion. That previously incurred. The Chief Justice ap was an original suit in the Supreme Court proved it and the Circuit Judge was of the of the United States by the State of Texas to compel the surrender of United States contrary opinion. The Court therefore certi fied its difference of opinion to the Supreme bonds, and for an injunction to restrain the Court. A few days later, December 25, respondents from receiving payment on 1868, the President issued his proclamation them from the National Government. The of general amnesty, and at the next term of Chief Justice held that when Texas became the Circuit Court Davis was discharged. one of the United States she entered into an The most imposing duty which the Chief indissoluble relation which was final, there was no place for reconsideration or revoca Justice was called upon to perform was pre siding at the trial of the President of the tion; that she continued to be a State of the United States, impeached for high crimes Union, notwithstanding the transactions and misdemeanors, before the Senate. There which she had entered into during the Re bellion; and that the government established were no precedents by which the Chief Jus tice's conduct could be guided. The trial since the end of the war was a State govern was instituted by rank partisanship and ment de facto under the Federal Constitu political intrigue. There was no desire upon tion, and that therefore she had the right to the part of the managers of the prosecution sue in the Supreme Court of the United for justice. The Republicans of the Senate States. Upon the merits it wks adjudged were hostile to and suspicious of the Chief that she was entitled to the bonds. Justice. They sought by every means in Since the determination of the case of their power to limit his influence and 'Juilliard v. Greenman, 110 U. S., 421, decided curtail his authority. He successfully in on March 3, 1884, I fancy that there can be sisted that his position was not that of a few who doubt the constitutional right and moderator, but that of the presiding judge power of the government of the United of a judicial tribunal. He assumed the right States to issue legal tender paper money. to rule upon questions of evidence, subject For I believe that the learned and brilliant to the revision of the Senate, if a vote was opinion of Mr. Justice Gray in that case is demanded. It was agreed by the Republi unanswerable, and has settled the question cans that upon the first attempt of the Chief for all time. But in the stress of the Civil Justice to vote, his right to do so should be War it was a' nice and grave question. At denied. But the first tie vote came on a ques the time the Legal Tender Act was passed tion of the retirement of the Senate for con Mr. Chase, then Secretary of the Treasury, sultation. The Chief Justice immediately gave his assent to it and carried out its pro voted in favor of adjournment, declared the visions from a belief in its necessity. He session of the court closed, and instantly had little time to consider the constitutional rose from his seat. This prompt and deter question, and if he had an opinion, sub mined action frustrated the designs of the mitted it to the exigencies of circumstances.