White and Chiles "was therefore treasonable and void". Consequently, he ordered that the current state of Texas retained ownership of the bonds and was entitled either to the return of the bonds or to the payment of a cash equivalent from those who had redeemed the bonds. Dissenting opinion Justice Robert Grier wrote a dissent in which he stated that he disagreed "on all points raised and decided" by the majority. Grier relied on the case Hepburn v. Ellzey (1805) in which Chief Justice John Marshall had defined a state as an entity entitled to representatives in both Congress and the Electoral College. Thus, Texas' status had become more analogous to an Indian tribe than to a state. He also believed that the issue of Texas statehood was a matter for congressional rather than judicial determination, and he was "not disposed to join in any essay to prove Texas to be a State of the Union when Congress had decided that she is not". Justice Grier said that Texas's claim that she was not a state during the Civil War was the equivalent of making a "plea of insanity" and asking the court to now overrule all her acts "made during the disease". Justices Noah Swayne and Samuel F. Miller also dissented. The dissenting justices rejected the majority opinion for different reasons. Grier, a "doughface" from Pennsylvania, was opposed to Radical Reconstruction and was primarily concerned with the bondholders. He felt that the Treasury lost any control over the bonds immediately after they were issued. Miller and Swayne were more sympathetic than Chase to the radical position. In a separate dissent they agreed with the majority that the bonds had been sold illegally by the secessionist government, but agreed with Grier that the current state of Texas was not a state within the meaning of the Constitution. Reaction The Court's decision, written by Chase, was criticized by both sides. Radical Republicans saw this as evidence that Chase was abandoning a cause he had once enthusiastically supported. Conservatives condemned Chase for a decision that would allow congressional reconstruction to continue. In December, Illinois Senator Lyman Trumbull, using the Miller–Swayne dissent as his model, introduced legislation to overcome the White decision. Trumbull's bill stated that "under the Constitution, the judicial power of the United States does not embrace political power, or give to judicial tribunals any authority to question the political departments