New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-08-25
"THE UNJUST JUDGES
evil

III Is always ungraclOus 10 speak about tho
dead. The grave demands generosity, although
one of the wisest Of men tells us that "the evil
that men do lives after them" When manix
placed by God in representative position. biz
deeds become a portion of history, and our
criticism does not refer to the person, but hi.
deeds. 1t is written in the Gospel: "For with
what judgment We judge, ye shall be Judged
and with what measure ye mete, it shall be
measured to you again." With this as steu.
a writer of great power has given us a pamphlet
on the late Judge fancy, under the title Of
1.-THE Unjust Judge"
Judge Taney's career has hardly been sub.
mitted to the calm criticism of history, but it is
difficult not to believe that our essayist, in his
Judgment Of the jurist's character has an
ticipated the verdict Of future generations. It
is generous not to apply to Roger B. fancy
harsher name than 1.-The Unjust Judge" What
is considered as defense in the case Of Davis
and Lee cannot apply to him. He was ADORE
ambition or envy. He had been placed in the
first position of the judicary-a position second
only to that of the President. The eventsleh
ing to this exaltatOn, however, throw great
deal of light upon his character. He was
nominated by Jackson-a man whose idosyn.
cracy it was to hate the Supreme COIt.
His nomination was the reward Of
service which the naughty President
| in vain persuaded better men to per-
form. fancy had been defeated by hostile
Senate for other positions, and the moment
Marshall died, - the irritated President" as our
aathor mildly puts it, sent Taney'S name to the
Senate. "The seat vacated by Marshall was
occupied, indeed but not filed" and fancy
never, during his whole career, seemed to rise
above the position of a partisan. He had the,
cast of mind which fits lawyer for the duties
of prosecuting attorney. We know whaths
thought when younger - when Slavery was
weak and new, and the shareholders had not
grown 80 strong as to make their system pls-
form and a creed. In lsls. having been nearly
20 years at the bar, he defended the Rev. Mr
Gruber for the PRONUNCIATION of Abolition senil'
n.snts, and took the high ground that SlayeY
was an evil, and its temporary endurance .
hard necessity" 1t was "a blot upon our
National character" and every lover OF Free
dom hoped for its speedy extinction. These
were his opinions before the champions Of
Slavery had gained power.
II is easy to mark the steps by which man
Of the fancy stamp passed from the deterse OF
Gruber to the utterance of the bred Scott de-
cision. We see the complasance of his chT-
acter in the removal of the depoSlts--at tine
when the removal was abject submission to
the most arbitrary of Presidents. He served
jackson as President, and when in the Supreme
Court the instinct to serve still controlled him.
That instinct babe him serve power. The spirit
Of Jackson passed away, and he was succeeded
by the great pro-Slayery Democratic organin-
ton. We know with what energy, discipline
and force that organization cariedits purposes
how unrecnting in its punishments aad de-
voted in its support of Slavery. 1t was the po'
litical embodiment of the lash; and it did uoS
spare che Supreme Court. Happily Tor
its own purposes, fancy was obed1
ent without discipline. He was ~
much Democrat as the loudest bawlsr III uo
conventions. The leaders OF the slave parry
knew their man---and they knew that, when 100
/, time came for action, the Judiciary would U"
well managed. They Iaay have read his asu-'
ment in the Gruber case; but years had passed.
, since the publication, and years make rn0y
changes in the minds of politicians. faney
never ninched. He was the politician IN loOe''
lie lid all he could TO def Slavery and a',SN
the traitors. who endeavored 10 overthrow NV
= Union that il might triumph. When the Noi'"'
: rose in its majesty, he was as basyin hS eno',-
10 stay the enthu siasm is Ms. Partingson WIZ
~ her mop when tie ocean came pouring Owe, ~
doorway. The efforts Of the one we're "''''
As futile as those OF the other HS'o'l
only to do with the motive.
~ The criticism which suggests this ar's"
q worthy of attention. 1t is bold, genef''' c.,
q manly, especially when We CONSIDER 'n' P"'
n and ungraciouS task the author sssuiiie"' -.
contribution to our history, it deserves ""'
o circulation; and a. a work OF research aA"
$ curacy it is surpassed by few American esq
>. Some of the authors opinions arc eApi's..
$ with All earnastness that amounts " P"
r and almost to partisanship. Such ph'as.. /.
q (. nsriurcd villain" "mendaoious orea'"'' f,
n :. bully. " saturated with the spirit oi w.
are unpleasant, and do not help the aIgull a %
; More tbpD this, however,, can be pa'a0HSS "