The Placer herald., 1872-08-10
NUMBER 81.
JOHN VAN BUREN AND CHIEF JUSTICE
fancy.

A pleasant chapter Of Anecdotes of Pub
lie Men" in the July Number Of the Gata'y
contains Il is story about John Van Bugen
and Chief Justice fancy:
Nearly a quarter of a century ago tic
Legislature OF New York enacted II law In.
posing capitation tax upon inuiernts
arriving from Europe and landing at Quar-
antne A question WAS raised IN respect to
the Consttutonality of this law, and the
case was ultimately taken TO tie Supreme
Court of the United States. Mr. Seward
made the argument on one side, and John
Van Bnren on the other The ril attracted
considerable interest, not 50 much from the
importance Of the question involved as from
the reputation and poiticd position Of the
opposing counsel. Mr.. Seward WAS SEN
aior in Congress, ana the great " llig leader
OF the State, while Van Buren, was the most
brilliant orator aud most popular man ON the
Democratic side. They were rivals at The
bar, having then, recently been engaged in
trial of the negro murder, Freeman, at Au-
burn. during which there had been much
sharp alterc alton between them. The Wigs
in Congress warmly symplthized with Sew
ard, while the Democrats were equally
The arguments were elaborate and able, the
resulting impression beng that the Senator
was more of statesm m than Il lawyer, but
that Van Buren, was one Of the most enter
tanning, impressive and effective advocates
that had ever been heard in the Court.
Judge Taney presided-one Of the purcst,
most learned and able judges that ever sat
on the bench. lie was the impersonation Of
ones idea Of the genius Of iislrudCnce.
He was shy, reserved in his manner, asceiic
in his habits, gloomy, forbldding locking
man, resembling II monk OF the middle ages;
bat under this cold and repuls We exterior
there beat warm and sympathetic heart
lie was literal man, with no idea Of
Joke; was never satirical or ironical, and
detested Il pun or quip as much as DIR.
johnson.
The day the argument was closed, Van
Buren contriyed to fail in company with the
Chief Justice in coming down the avenue
from the Capitol. John had a degree Of
GOODNESS and self possession under all cirum-
stances that nothing ever disturbed Wih
IN airy, iaunty manner, that would have
been offensive in anybody else, but which ho
made winning and attractive, he addressed
the aged jurist
81 was much hattered, Mr.. Chief Justice,
at the gracious attention with which you lis
tened to my poor effort in behalf of The sut-
lering immigrants at Quarantine. Mr..
fancy made fitting response, ard Mr.. Van
BuIen cooly proceeded: "Far be it from
me to say anything respecting the decision Of
the Court" The Judge started with ges-
ture of deprecation, as if he apprehendcd an
nGescreton on the part Of the law
yer. 81 am quite aware of the apparent
;ndelicacy of saying anything that should
look like an attempt to influence the action
Of the Court" Here the Chief Justice gave
dissatisfied shrug of the shoulders, intended
as a sebuke TO what he regarded as an i'm
pertnence But John was wholly unmoved,
and went on with lis remarks, as though he
was saying the most natural and appropriate
things imaginable. "Nor wonld | presume
to intimate ihat an early decision Of the case
is desirable"
The Judge opened h,s eyes in ama2emcnt,
but remained silent. "l}ut the truth is,
your honor, " continued John, "lIe poor dev-
lis at Quarantiue are pershng daily, and it
is Of the utmost importance that they should
learn whether they are dying constitutions
ally"
Approaching Johns waggery at last, the
Chief Justice, much relieved, gave way TO a
hearty laugh, and the conversation came to
an end.