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The appointment of Salmon P. Chase as Chief Justice in December 1864, like that of his predecessor in 1836, marked the beginning of a new epoch in the Court's history. Not only had the Civil War altered the legal landscape dramatically; Chase was to preside over an essentially new complement of Justices. Of those who had sat more than a few years with Chief Justice Roger Taney, only Samuel Nelson and Robert Grier were to remain for a significant time. With them were six newcomers appointed between 1858 and 1864, five of them by Abraham Lincoln and four of them Republicans: Nathan Clifford, Noah H. Swayne, Samuel F. Miller, David Davis, Stephen J. Field, and Chase himself. These eight Justices were to sit together through most of the period until Chase's death in 1873. Taney's longtime colleagues James M. Wayne and John Catron were gone by 1867; William Strong, Joseph P. Bradley, and Ward Hunt, appointed at the end of Chase's tenure, played relatively minor roles. The work of the Chase period was largely done by eight men.1 Chase was Chief Justice for less than nine years, but his tenure was a time of important constitutional decisions. Most of the significant cases fall into three categories. The best known cases, which serve as the subject of this article, involve a variety of questions arising out of the Civil War itself. Less dramatic but of comparable impact on future litigation and of comparable jurisprudential interest were a number of decisions determining the inhibitory effect of the commerce clause on state legislation. Finally, at the very end of the Chase period the Court for the first time turned to the task of interpreting the constitutional amendments adopted as a result of the war, a labor that would absorb a major part of the

The Constitution in the Supreme Court: Civil War and Reconstruction, 1865-1873