Chief Justice Marshall was succeeded by Chief Justice Taney. As he and a majority of his associates had belonged to the 'strict construc tion school.' ninny prophesied a complete re versal of prior rulings, but the court still af firmed the nationality of the United States. Thus in Pennsylvania v. Wheeling and Belmont Bridge Company, decided in 1849, 9 How. 647, and 1851, 13 How. 518, the jurisdiction of the Supreme Court was affirmed over a case brought by a State to restrain the obstruction of a navi gable river within the limits of other States. In Ableman v. Booth, decided in 1858, 21 How. 506, a prisoner in custody of the United States authorities was held not to be subject to dis charge by State process. And in the famous `Dyed Scott Case,' decided in 1856, 19 How. 393, the nationality of the United States was as serted, though in a way not satisfactory to the friends of human freedom, in that it decided that the recognition by the Constitution of slave prop erty carried with it the protection of that prop erty in all the territories of the nation.
When the Civil War ended and Chief Justice Taney had been succeeded by Chief Justice Chase a new series of cases arose. Naturally bitter feelings were excited by the war, and stringent laws were passed by Congress and by some of the States against those who had participated in the rebellion. Test oaths were prescribed which prevented ministers and lawyers who had taken part with the South from pursuing their respective professions, but in Cummings v. Mis souri, and ear parte. Garland, decided in 1866, 4 Wall. 277 and 333, such test oaths were adjudged invalid as ox post facto acts. At the same time, in ex parte Milligan, 4 Wall. 2, it was held that a military tribunal, sitting in Indiana, a State in which there had been no rebellion, had no jurisdiction to punish a citizen. in no way con nected with the army, for an offense against the Government. In Texas r, White, 7 Wall. 700, decided in 1868. it was held that States in re bellion did not lose their existence or identity, and in the opinion Chief Justice Chase made the memorable declaration that this was "an in destructible union composed of indestructible States." Soon after the war the Fourteenth Amendment to the Federal Constitution was adopted, which prohibited the States from de priving any person of life, liberty, or property 'without clue process of law, and from denying to any one the equal protection of the law. It was claimed by many that this operated to pre vent the grant by a State of any special privi leges, but in the Slaughter House Cases, 16 Wall. 36 (1872), a charter given by the State of Louisiana, which secured to the corporation a monopoly of the butchering business within cer tain limits of New Orleans, was held to be valid, and thus the right of each State to determine for itself, in the grant of privileges, that which was best for its citizens, was sustained. In 1890 came Leisy r. Hardin, 135 U. S., 100, in which it was held that the grant by the Federal Constitution to Congress of the power to regu late commerce between the States invalidated the legislation of one State which sought to prevent a citizen of another from selling and shipping liquors into it. In 1895. in the Income Tax Cases, 82 U. S., 429, it was held that the con stitutional provision requiring direct taxes to be apportioned among the States according to their population rendered invalid a tax which was not so apportioned on incomes derived from real estate and as the direct product of personal prop erty. And only recently were decided the Insular
Cases, 128 U. S., 1, cases arising out of the conquest of Porto Rico and the Philippines, in which was considered the power of Congress to govern territories acquired by war or treaty, and in which was affirmed to the largest extent the national power of the Republic. This list might be greatly increased, but enough have been cited to show the general character of the cases con sidered and determined by that court in uphold ing the idea of nationality. It has always strongly upheld the powers given by the Consti tution to the nation, and at the same time pro tected the States in the powers reserved by that instrument to them.
At first the amount of business in the Su preme Court was small; now it is large. In 1801, the first year of Chief Justice Marshall's term, only ten cases were filed; from 1875 to 1880 there were 1953, or an average of about 390 a year. While the act of 1891 diminished the num ber of cases that could come to the court, yet during the year 1900 401 cases were filed, and during the year 1901 383.
As heretofore stated, the court at first con sisted of six members; it never has had at any time over ten, and now has but nine. The fol lowing is a list of the Chief .Justices and also of the associate justices, as well as the States from which they were appointed : Chief Justices—John Jay, New York; John Rutledge, South Carolina ; Oliver Ellsworth, Connecticut; John Marshall, Virginia: Roger B. Taney, Maryland; Salmon P. Chase, Ohio; Morrison R. Waite. Ohio; Melville W. Fuller, Illinois. Associate Justiees—William Cushing, Massachusetts; James Wilson, Penn sylvania; John Blair, Virginia James Iredell, North Carolina ; Thomas Johnson, Maryland; William Paterson. New Jersey; Samuel Chase, Maryland: Bushrod Washington. Virginia; Al fred Moore, North Carolina: William John son. South Carolina; Brockholst Livingston, New York; Thomas Todd, Kentucky; Joseph Story, Massachu..etts; Gabriel Duval, Mary land : Smith Thompson. New York: Robert Trimble, Kentucky; John McLean, Ohio; Henry Baldwin, Pennsylvania ; James M. Wayne, Geor gia; Philip P. Barbour, Virginia; John Catron.
Tennessee; John McKinley, Alabama; Peter V. Daniel, Virginia; Samuel Nelson, New York; Levi Woodbury, New Hampshire; Robert C. Grier, Pennsylvania; Benjamin R. Curtis, Massa chusetts; John A. Campbell, Alabama; Nathan Clifford, Maine; Noah 11. Swayne, Ohio; Samuel F. Miller, Iowa; David Davis, Illinois; Stephen J, Field. California ; William Strong, Pennsyl vania; Joseph P. Bradley, New Jersey; Ward Bunt, New York: John M. Harlan, Kentucky; William B. Woods. Georgia; Stanley Matthews, Ohio; Horace Gray, Massachusetts; Samuel Blatchford. New York; Lucius Q. C. Lamar, Mis sissippi; David J. Brewer, Kansas; Henry B. Brown, Michigan; George Sliiras, Jr., Pennsyl vania; Howell E. Jackson, Tennessee; Edward D. White, Louisiana; Rufus W. Peckham, New York; Joseph McKenna, California; Oliver W. Holmes, Massachusetts; William R. Day, Ohio. They hold office for life, and yet up to 1903 the average term of office of the Chief Justices had been 13 5-12 years, and of the associates 15 9-12 years.
That the work of the court has not only de veloped a national idea, but also has done much to give stability to republican institutions, is now conceded by all. See CONSTITUTION OF TILE UNITED STATES; COURT; FEDERAL GOVERNMENT. Consult Curtis, Jurisdiction of the United States Courts.