The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1867-02-21

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ument Of the late Chief Justice fancy
shout the State House at Annapolis, fol
fear it might have a dangerous inau'
ence on the minds Of the rising genera
ton, particularly the youths at the Na.
val Academy, in keeping alive the
memory Of the author Of the "Dred
Scott" decision, and helping to resurrec'
the Democratic party,
We were not aware before that Judge
fancy was considered the ..cmbodimcnt
Of Democracy" He was, doubtless,
reycred for the wisdom Of his decisions,
for his great eminence and ability as O
Jurist, and for the purity Of his char
acter, by the entire Democratic party.
1t was for these considerations, and the
great honor he had conferred upon his
native State, not for tho purpose of re-
surrectiug the Democratic party, that
this honor was proposed to be conferred
upon his memory.
II this memcnto of one Of the best
and purest of the great men Of the past
cannot be set up at our State House
without dagger Of corrupting the SEN
timents Of young America, it may
be equally necessary to remove or des-
troy the statues of most Of the patriots
Of q past age who agreed with him in
sentiment. The trainers of the Consti-
tuition recognised only the White race
as the governing element in this coun-
try; and that idea was maintained by
the most illustrious Of our former States
men aud Judges. The bred Scott de.
cision, to the effect that the Black man
was not Citizen in the sense that gave
him an equal right and voice in the
conduct Of the government, but an ahca
in q strange land, aud but a sojourner
here, was 10 strict accordance with the
Constitution, and the constant decision
Of the Courts. II was not until the in.
aux Of new ideas, tho intro 1uetiou Of a
higher law than tho Constitution, and
the advent Of the present Radical party,
that the doctrines of Judge fancy, and
the venerable Fathers Of the past, began
to be considered heretical.
On this subject We quote the follow.
ing from the Frederick Union:
The private sentiments of II. B. Ia.
ney, as an individual, was adverse to
the institution of slavery, He was nc
advocate Of African slavery, but on the
contrary, his convictions as man, were
openly expressed many years since in
the Court House of this county against
the institution of African scryitude, and
he was anxious to sec some plan adopted
by which it might be removed both in
the State of Maryland and the United
States, In the case to which VIC refer
that Of the State of Maryland against
Jacob Gruber, q Methodist preacher
from Pennsylvania, indicted by the
Grand Jury of Washington county, for
preaching a sermon at Camp Meeting
near Hagerstown from the Text
righteousness exalteth Nation, but
sin is a reproach to any people," III
which he was very severe upon Mary
land shareholders in particular, and the
institution Of slavery generally. Public
feeling in Washington county was deep.
ly aroused aud embittered against the
Reverend Minister, so mach so, indeed
that Mr.. Gruber did not deem it saft
or prudent to have his trial take pla CT
in that county. Believing that he could
not get justice done him by the verde,
Of 4 jury of our sister county, the cause
was removed to Frederick county. The
trial excited deep interest at the time
and tho feelings Of the community wer,
enlisted as to its termination. The late
james Dixon, well known fer his legal
research in criminal law was the prosecu
ting attorney on tho occasion. Messrs
X. b. Tauey and b. s. Pigman, two
eminent members Of the Frederick Bar
appeared for the defence. The record
OF this trial, and the speeches delivered
for aud against the accused was pub
lished by the Rev. George Kolb, for
merly Mayor Of Frederick, and copie,
Of it are doubtless still in existence
In his remarks before the Court ant
Jury, Mr.. fancy expressed his real sen
timents on the subject of slavery. Il
was owing perhaps TO his knowledge Of
law, the confidence reposed in his judg
ment, and to the able manner in which
he argued the cause Of bis client, tina,
the Rev. Mr.. Grubcr was acquitted O
the charges preferred against him.
There is wide difference, however, be
tween r. B. fancy as private indiyid
tuai and counsellor at law and the sam,
| gsutlsmsu presiding in an oihcial capa
city a. Chief Justice Of che Supreme
Court OF the United States. Whei
translated FROM the Bar 10 the Bench
Judge fancy like Chief Justice Mar
shall and the other Chief Justices 40,
associatc judges before him, including
Jay aud Ellsworth, and the long lat
Of eminent men whose legal snowledg
! and rnafnrad d.as.iaas hava eh.J luatr