The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1865-03-10
THE MEMORY OF JUDGE TANEY.
Brutal Assault by the Sumnerites
upon the Dead Jurist.

In the United States Senate, on Thurs
day last, Mr.. Trumbull moved to take up
the bill to provide marble bust Of the late
Chief Justice Taney for the Supreme
Court room. .s.l--s.,-...
Mr.. Sumner hoped not. An emancipated
country ought not to make a bust Of the au-
thor of the Dred Scott decision.
Mr.. Trumbull said the fame of Chief Justice
Taney was not to be hooted down by phrase.
He had been the Chief Justice for quarter of
q century, and was an able and learned jurist
Mr.. Sumner said that the name of Taney will
be hooted down by the page of history, and an
emancipated country will fasten upon him the
stigma it deserves.a disgrace to the judiciary
of the country and the age.
Mr.. johnson said he could not hear such re.
marks applied to the late eminetj tjurist without
entering his protest against 1t. The Senator
from Massachusetts, should remember that JUS
tice Taney was not alone in that decision-that
majority of the court concurred in It, The
judgments generally made BY Chief Justice
Taney were quoted as authority everywhere |;
but the gentleman from Massachusetts, thinks
it his duty to make this attack upon the vir.
tuous dead because he delivered an opinion
which did not agree with the views OF that
gentleman. Chief Justice Taney might have
made an erroneous decision, as he was not in
fallible. but generally his opinion was con-
CURED in by the profession. ...
Mr.. johnson spoke of the high private and
personal character of the late Chief Justice.
The resolution was taken up, and after some
remarks against it, So.
Mr.. Sumner moved to amend by striking out
the name of Roger B. Taney and inserting that
of Joshua R. Giddings.
Mr.. Trumbull said it was CUSTOMARY to place
busts of the chief justices in the supreme court
room, but he did not see the propriety Of in
serting the name of Joshua R. Giddings, chief
justice of the United States. in the resolution.
Judge Taney might have erred in the Dred
Scott decision, but he had great ability as a
lawyer, and high personal character as q man.
Mr.. Sumner then withdrew his amendment
Mr.. Hale was opposed to the resolution, be-
cause the name Of Judge Taney would always
be associated with Dred Scott. and that of Dred
Scott with Judge Taney. Believing this he
would not vote for the appropriation of money
to perpetuate the Dred Scott decision. The
most that could be asked of the anti-slaverJ 7
men Of the present day was that they be per.
mitted to let the memory Of Justice Taney rest.
Mr.. Wilson said he had not heart to follow
any man to the grave, but he felt it his duty to
vote against this resolution, and it seemed to
him that the millions of the country who were
horrified by the Dred Scott decision would be
surprised to see the Senate of the United
SsosOo NOtluS uOuOIo W tuC autuOT VI LudL Oc-
cision. The nation was horrifed eight years
ago, when that decision was pronounced and
since that time the Dred Scott decision had
been the scorn of the country. The name of
its author was unworthy tribute of respect.
Mr.. Wade said 1t was useless to talk Of the
legal abilities and accnmen of Justice Taney.
1t would be better for his memory if he could
be made out fool. The higher the character
FOR ability that was made out for him, the
worse for his memory. The Dred Scott de-
cision was merely political decision for po-
Gt1cal purposes.
Mr.. Carlisle said that in voting to embody
the features of Taney in marble the Senate
was not doing honor to his memory, but to it.
SELF. He did not consider it necessary that he
should approve every decision that Judge Ia
ney had ever delivered. to be enabled to vote
for this resolution. In rendering the Dred
Scott decision he did not suppose Judge Taney
was guided by what might be his private views
of the institution of slavery, but simply by
what he conceived to be the law under the
Constitution. 49,
Mr.. Sumner rose to reply to Mr.. Johnson's
previous remarks, saying that the latter evi-
IDENTITY felt he had bad cause. and therefore
had become personal and raised his voice loud
to the discussion. .-.
When, the hour of half past four having ar
rived, the Senate took recess till Z P. N.
EVENING SESSION.
The consideration of the resolution for pro-
curing marble bust of the late Chief Justice
Taney was resumed, and after unimportant de-
bate, the Senate adjourned.