30 The Late Chief Justice Roger B. Taney. 



motion was agreed to by the court, and Mr. Cole under 

 oath proceeded to sing to the judge and jury : 



" I love it, I love it, and who shall dare 

 To chide me for loving that old arm chair ! " 



• After hearing both songs, the jury, solid men of Balti- 

 more, were unable to distinguish between the two, and 

 therefore gave their verdict for the plaintiff. We see no 

 fault to find with the ruling ; the plaintiff was only al- 

 lowed to read the two compositions to the jury, and surely 

 it was their business to decide on this question of fact. 



The chief justice possessed many elements of greatness ; 

 a mind of singular grasp and subtle discrimination. He 

 had been distinguished at the bar for his rare capacity as 

 a special pleader. He was equally distinguished on the 

 bench for his readiness and facility, in dealing with ques- 

 tions of form and practice, presented in cases coming up 

 from so many different states. His intelligence and intel- 

 lectual activity were of a high order; and he was a wise 

 man, after his type of character. He was a good presiding 

 officer; his opinions were well considered, and written in 

 the clear judicial style, becoming a high court of justice. 

 He was a man of pure life, the desires and pursuits of his 

 mind were not corrupted by that reasonable alloy of ambi- 

 tion which entered into the pure gold of his character. 

 Through all the earlier years of his administration, he 

 bore himself calmly in his high office, with dignity and 

 discretion. He had gained the confidence of the country; 

 he was respected and trusted as a capable and worthy ad- 

 ministrator of justice and law. 



Without much personal or affirmative power, he pos- 

 sessed the influence accruing to him from his high position, 

 and an immense power as a check on the action of con- 

 gress. It may be that, as he advanced in years, his pride 

 was flattered by the unassailable position he held, and by 



