Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-05-31
fancy and Chase.
LFrom lho Augu.ta -Con.tItutionnII.t.

from the Augusta Constitutionalist.l
It is stated that Chief Justice Chase has
nothing like that commanding influence on
the bench of the Supreme Court of the
United States possessed in their day and
generation by his illustriOus predecessors,
Marshall and Taney-that his decisions are
often Overruled by the more mature ,Opin-
ions of his learned brethren-and that, even
where his own view is coincident with that
of the associate justices, the presentation
thereof is not looked on as adding any
strength to the voice of the court. How
far these statements may be correct we
have no means of knowing, but from MIR.
Chase's avocations and bias for years past
are inclined to suppose them not taltOgether
lacking intruth. The Supreme Court of the
United States has, since its organization,
made it a point of professional honor to
conform very rigidly to the strict rule of
English law, and however in tribunals of
lesser dignity corrupting latitudinarian-
ism may have crept in, there has been no
time when such insidiOus advances were
not repeled from that august body, first
presided over by John Jay. So well, in
deed. had it maintained itself at once in
flexible and pure that, even up to the out
break of tue late civil war, strangers reach-,
ing Washington were very sure to visit its
session, aud visiting, equally certain 10 re-
tire profoundly gratitied and impressed
During the winter OF 1861, it was our own
fortune to be frequently in the Supreme
Court chamber, aud one of the pleasanteSt
recollections of a time that soon melted.
redly into the clouds of war, is that we have
of our first visit A case involving some
millions of property was under argument on
appeal, and great lawyer, stepped to the
lips in the lore of his profession, stood at
the bar. Just beyond and above him was
the bench, whereOn safe the Chief Justice
and his brethren-he in the center and they
on either side. The Associate Judges we
do not now very well remember, but the
image of that great and good man, Roger
B. fancy, now gone to his rest, is never to
be forgotten. So very still that, but for the
undimmed sparkle of his eyes, you would
say he were statue; garbed like his breth-
ren, in jet black robe of silk; bearing the
very image and superscription of au-
thority upon him, he seemed to us, as a
great British lawyer said of Mansfield, the
grand and awful embodiment of Justice.
Since those days, hGc oltm meminiSSe
juudbit, circumstances have not permitted
u of the South to know much about the
Supreme Court beyond two particular cir
cumstances forcibly illustrating its past
glory and present state. One of these, the
latter days of Chief Justice .Taney, and
shows how to the last that renowned jurist
upheld the dignity of the law. At "a time
when the war spirit was sweeping over the
North like q sirOcco, and all ordinary
procedures of justice disregarded in its
wild fury, there was taken from his bed at
midnight, by detachment of Federal sol
dery, citizen of Maryland. Hurried by
his captors to the dungeons of Fort Nc
Henry, there was still enough courage and
ingenuity lett the prisoner to have his ap-
plicatiUn for writ of hdbedS corpus brought
before the good Chief Justice. On the
proper legal evidence presented, such writ
was at once awarded and ordered, in the
terms of the law, to be forthwith served
and due return thereto made. On present.
ing himself at the gates OF the fortress, the
marshal was repelled by'constructive mill
tary violence, and return to that effect
made. Firm as adamant the Chief Justice
then issued attachment for rcontemptagains
the party recusant The commandanti of
the fortress appeared in person. anu Plead
ing the order of President Lincoln, de-
clared he would not surrender the body of
his prisoner. Powerless as he was in the
presence of muskets and cannon, the Just
Judge was yet true to himself. He laid be4
fore Mr.. Lincoln a statement of the case,
and formally demanded the execution of
those laws that functionary was solemnly
sworn to maintain, observe, and execute!
Nothing further was done In the premises;
but from first to last Roger b. Taney per-
formed his whole duty, and was taken, to
that God of whose justice he had been
vcegerent on earth, with this last crown
of glory enoireling his old gray hairaTsI 1
kRo,o, said great English Judge, no reasons
Of State am here to declare The lam rs III iS
And with that same noble sentiment, our
Chief Justice closed his quarter of a eeR4
tury Ia the seat of judgment.8d qshau bYs
| -Andnow forthe second case. 1t is that
which, occurred during the first incum-
bepcy' of Chief Justice Chase-wheh
in the City of Washington, under the very
eyes Of that sworn conservation of the law
nen--1and worse, a Woman also-7-were, put
| TO death by drumrhead coUrt-martial anC
he opened not his mouth. Mr.. Lincoln wa!
cruelty murdered, aud we have no bearsfoi
the faDe of his base assassing o Captain irz
may AaHe been guilty of great, cruelty TO
thehelpless, and If SO, should have had Dir
suffrage for his punishment. But why, hl
either case, did not the Chief Justiceawere
itlbut for the sake OF his own professionA
honor, at least, seek, to, have the trial "a
courts of common law? Tie request mlgnI
safely have been made since 10 IwCaldi not
t have been granted3 .bntp not haViHg nee1'
pFeferredOuhow does such negligence ssaiU
by, the side, OF Taney,,s sp0tless i9me "a slsf
But writing OF Justice, one snoulu hlIll, lIi a,
self 'be lust. nSSo to ibe " 10 .feast our con-
4 slant biiFts IFuebbectl8e on p9istleaLAD ADiasi
bropersonal aRjmesityG 1Lg 2 plss9n !epe,'.otg
position, or of color, we woulu 10 no ulan
living a wrong. The Journalist Wlelds