[Footnote 2: Not always for the worse: vide the Charles River Bridge
case, 11 Peters, 420, imposing salutary restrictions on the doctrine of
the Dartmouth College case.]

[Footnote 3: _Dred Scott v. Sandford_, 19 Howard, 393 (1857).]

The suppression of the Great Rebellion brought an enormous increase in
the national power and in the popular will to national power. State
rights did not loom large in the popular or the legislative mind in
reconstruction days. Taney was dead. The Supreme Court had been
practically reconstituted by appointments made by President Lincoln and
his immediate successors and it seems to have been anticipated that the
new Court would take the view of national powers prevailing in Congress
and the country at large. In this the popular expectation was doomed to
disappointment. The Court displayed an unexpected solicitude for the
rights of the states and firmness against federal encroachment. Chief
Justice Salmon P. Chase, who had been President Lincoln's war Secretary
of the Treasury, went so far as to pronounce unconstitutional some of
his own official acts performed under the stress of war.

In the great case of _State of Texas v. White_[1] the rights of Texas as
a sovereign state were asserted, though Texas had joined in the
Rebellion and was not represented in the national legislature.

[Footnote 1: 7 Wall., 700 (1869).]

In _The Collector v. Day_[1] it was held that Congress had no power to
tax the salary of a state official.