Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1864-05-21


4 Radical Fifty seb'ksd.
For many years, and in especial since his
decision in the " bred Scott case. Judge
fancy, the Chief Justice Of the Supreme
Court Of the United States, has been the
target for the macvolcncc and yitupcration
of the abolitionists. Not finding them
selves able to cope with his arguments or
to successfully assail his Interpretation of
the law, they have rcsorted to the dcsplc-
able plan Of holding him up to public hatred
and contumely and no epithcts have been
too coarse or yindictivc to be hurled against
the pure reputation and spotless character
Of this venerable Judge
The error, or the crime, Of Judge fancy,
in the eyes Of these men, has been that he
does not suffer his feelings, or his interests,
or his prcudices to bias his decisions as a
Judge. If al his decisions had been first
fitted in the abolition groove, he would have
been adorcd by these same men as saint.
They expect the judges whom they make
whether for the august tribunal over which
Chief Justice fancy presides, or for the
most insignificant county court-to give de-
cisions in conformity with their political
opinions. In other words, they are APP
pointed from among partisans in the cxpec-
tation, and possibly on the pledge, that they
will remain partisans. They arc not OK
pcctcd nor desired, when they ascend the
judicial Tribunal. to dof their old robes,
and put on pure and more spotlcss ones
to cast aside their violent prcjudccs and
prcposscssions, and to confine themselves
closely to their duty or declaring the asccr-
tanned law And such being the case, it is
not surprising that Chief Justice fancy has
proved distasteful to these gentlemen. For
he holds very different opinion of the du
ties of Judge, and places very different
estimate from this on the mode in which
they should arrive at their judgements.
Judge Taney's course has been to stiae his
personal predictions or prejudiccs, to hold
id subjected his aniinosities and his sym
pathics, to abstract himself from every
thing but the ascertainnent Of the LAW
1t was not according to his conviction of
duty to make law, or to give law a ,rdrp or
bias, or to color 1t in any degree; but sim
ply to free it from any ENHANCEMENT from
everything that hides. obscures. or obstructs
it; and to declare what is the law as it is
srritten. Therefore he has displcased the
radicals, who would have the written law
ductie and plastic form Of words. that may
be made to mean anything mems interest or
desires may dictate, and especially be made
10 subordinate itself to the great 'highcr
law about which they can't so necessarily,
and SO pragmaticaly withal.
One of these radcals-no less a person
age than the concerted and pedantic Senator
Sumner. of Massachusetts-on a recent
occasion went out of his way to aspersc
Chief Justice fancy, and to hold his deci-
sions up to public odium.- But he was not
suffered to do SO with imrunity. There
happened to be gentleman present. him
self Of spotlcss integrity of character, and
of commanding abilities as an orator and
juSist,. who administered to the frrant
Bostonian scathing but digniiied rcbuke,
which he will not soon forget. The gentle
man to whom we allude was the Hon. Rev
erdy johnson, Of Maryland. Referring to
an observation of Mr.. Sumner that dcci-
sion Of Chief Justice fancy had ''disgraccd
the country Mr.. johnson said
And although it would seem TO he pcr
haps Inappropriate, let me say to the hon
orable member from Massachusetts. that
much as he may now disparagingly think
OF the venerable man who presdcs over the
deliberations Of that tribunal. and has for
the last twenty or thirty years, he is not
alone in that particular. When his name
was before the Senate Of the United States
for confirmation, first as Justice of the
Court, and secondly as Chief Justice his
confirmation was resisted steadily, jealous.
~, by. among others, Clay, of Kentucky.
There was hardly an opprobrious epiteth
= which, as he told me himself afterwards
he failed to use against the nomination !.
and from conviction that the nominee was
unfit, and would prove to be unfit for the
discharge Of the duties of the Judicial sta.
ton. But ! say it, and it is due to the
memory Of the dead, and due to him who
now survives, survives tremblingly, his life
having been protracted much beyond as We
know, the ordinary period Of human life.
and who has devoted himself with nntir;ng
energy and with exclusive devotion. and
With unsurpassed ability, to the duties of
his station, that after he had been upon tho
bench some four or five years, and Mr.. CLAY
had been the witness, from having prac-
ticed befars him and read his decisions. .of
sne manner in which his duties had been
hearing an opinion delivered by the presid-
lng Judge, wet - biz qusrtert TO see him,
80 ionnd him alone; he said that he fell
NV na1ment necessarily Incident 70
ID l6NGf9tts 116 &tssxo16Ai-