Two cases involving important constitutional questions, which had been argued during Marshall's lifetime but assigned for reargument on account of a division in the Court, were now decided contrary to Marshall's known views and in favor of a strict construction of national powers.

Why even a Senator's individual opinion withheld till after the presidential election? Plainly enough now, the speaking out then would have damaged the perfectly free argument upon which the election was to be carried. Why the outgoing President's felicitation on the indorsement? Why the delay of a reargument? Why the incoming President's advance exhortation in favor of the decision?

The country was in a state of profound peace. Opposition to the tax among the moneyed interests was widespread. Test suits were brought and after most elaborate and exhaustive argument and reargument the Hylton and Springer cases were distinguished and the act was held unconstitutional. This conclusion was fatal to the act.

Why even a Senator's individual opinion withheld, till after the Presidential election? Plainly enough now, the speaking out then would have damaged the perfectly free argument upon which the election was to be carried. Why the outgoing President's felicitation on the indorsement? Why the delay of a reargument? Why the incoming President's advance exhortation in favor of the decision?

The Court, however, has had great difficulty with these cases and developed sharp differences of opinion. For example, the case upholding the anti-lottery statute as a valid exercise of the power to regulate commerce was twice ordered for reargument and finally decided by a bare majority of 5 to 4.

And Hugo, with the last remnant of his unconquerable incredulities, for the twentieth time mentioned another day. A post-mortem flicker of reargument started: started, but went out, quickly extinguished by the perilous fascination of the personal. Unspoken thoughts pressed in upon them as they circled, lifelessly reiterating.

As a result, the Chancellor owned himself converted to the idea that the College was a private institution. The new term of court opened on Monday, February 1, 1819. William Pinkney, who in vacation had accepted a retainer from the backers of Woodward, that is, of the State, took his stand on the second day near the Chief Justice, expecting to move for a reargument.

The Supreme Court met again, did not announce their decision, but ordered a reargument. The Presidential inauguration came, and still no decision of the court; but the incoming President, in his inaugural address, fervently exhorted the people to abide by the forthcoming decision, whatever it might be. Then, in a few days, came the decision.

The Supreme Court met again; did not announce their decision, but ordered a reargument. The presidential inauguration came, and still no decision of the court; but the incoming President in his inaugural address fervently exhorted the people to abide by the forthcoming decision, whatever it might be. Then, in a few days, came the decision.