enactment of Virginia in 1850-an ex post facto act-to be lawful! This act of 1850 was the base on which the majority of Congress, representing the State sovereignty theory, claimed to stand while. overturning the judgment of the Supreme Court.

Against the notion that a State is greater than the United States, Stanton contended with abhorrence, saying that "to determine by peaceful judgment" whether the rights of and compacts between the States "had been violated or not, and to administer the proper remedy, was the main purpose of establishing the Supreme Court. No feature in our Government has more commended itself to the approval of mankind," and "it's decrees ought not to be violently reversed."

But a majority of Congress was the other way of thinking; the bill passed and the bridge was allowed to stand and its successor* is standing at the original height, to this day, compelling all large boats passing under it to lower their chimneys.

Stanton, however, through his powerful efforts and immense learning, established a reputation that was ever after of value to him, as well as the right of Congress to regulate interstate commerce in every possible form. The theories of court jurisdiction and Federal sovereignty which he first enunciated in this case, are now cardinal principles of national law.

*While this great suit was pending a hurricane destroyed the Wheeling bridge. Calling the attention of the Court to this fact and asking for an injunction (which, in view of the action of Congress was denied) to prevent its reconstruction, Stanton observed cynically: "Your Honors can see what Providence thinks of this bridge by what He has done to it!"

now

CHAPTER XI.

OTHER IMPORTANT LITIGATION-MEETS LINCOLN.

In early days the State of Pennsylvania built, owned, and managed canals, aqueducts, and railways. Out of this ownership grew litigation. The Pennsylvania Railway Company sued the Pennsylvania State canal commissioners to compel them to haul complainant's cars over and on the State road known as the Philadelphia and Columbia Railway. Stanton, for the commissioners, resisted the suit and was victorious before the supreme court, of which Jeremiah S. Black, who delivered the opinion (in December, 1852), was chief justice. Stanton's definition, during the trial of this case, of the rights and limitations of public corporations as the mere trustees of delegated portions of the general sovereignty, and his measurement of the undeveloped or reserved powers of the people to control corporations under a Republican form of government, caused Judge Black to describe him as the greatest lawyer of the time and, years afterward when a member of Buchanan's cabinet, to choose him to defend the Government in the famous California cases, referred to further on.

A case involving important and novel points, growing out of what was popularly known as the "Erie Railroad War," brought large fees and increased reputation to Stanton. That part of the present Lake Shore and Michigan Southern Railroad lying east of Erie, Pennsylvania, was in 1852 broad-gauge-6 feet-while that part extending west was the "Ohio gauge"-4 feet, 10 inches. The break where the lines met necessitated an annoying and costly transfer of passengers and freight. In the fall of 1853 the Erie and Northeast Railroad determined to change its gauge to 4 feet and 10 inches, thereby making the gauge uniform from Cleveland to Buffalo.

The authorities of the city of Erie resisted the change and by ordinance declared that a railroad of any other gauge than six feet was a public nuisance and must be removed. In December, 1853, the railroad company changed the gauge as contemplated

and the city tore up the tracks and destroyed the bridges wherever they occupied public streets. The company relaid the tracks and the city again took them up. Thus commenced the "Erie Railroad War," which continued until 1856, the supreme court of Pennsylvania deciding against the railroad company and holding that its charter was forfeited to the State.

In pursuance of this decision the legislature passed an act declaring the railroad franchises forfeited and directing the governor to take charge of the lines in behalf of the State. This he attempted to do, but never secured possession of roads or rolling stock. Questions relating to agreements of the Pennsylvania roads with connecting lines in other States, contracts to carry United States mails, and the fact that the rolling stock used in Pennsylvania was owned in other States, were brought out skilfully by Stanton, and were found to be difficult to meet. He also prepared to apply to the Supreme Court of the United States for a writ to prevent the officials of Pennsylvania from executing laws "impairing the obligation of a contract." The State authorities could not resist such a process, and granted satisfactory new charters to the companies. Stanton thus gained a complete victory and a practical knowledge of railroads and railroad law that was of great value to himself and to the nation, while, subsequently, he was secretary of war.

Dr. Benjamin Tappan married Oella, Stanton's eldest sister, at Steubenville. He was a man of genius, widely traveled and well educated, but of some eccentricities. In 1854, these eccentricities not having disappeared, Mrs. Tappan felt compelled to apply for a divorce.

"Stanton had employed the brilliant Roderick S. Moodey to try the suit," says E. F. Andrews, instructor in the Corcoran Institute of Art at Washington, "he himself assisting as counsel advisory. Attorney-General Morton was counsel for the defendant, an excitable man and very quick-too quick this time. Stanton had. previously told Moodey to ask him on the stand if his sister had not lost four of her front teeth. 'Yes, sir, she has,' hissed Stanton. 'Do you know how she lost them?' 'She once told me, sir, how she lost them. She' Morton was on his feet in an instant protesting against heresay evidence, and succeeded in stopping the answer; but of course the impression, indelible, had been made on the jury that the doctor had knocked the four teeth out. The truth was, however, that she lost them in due course of nature. No ruling