Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, 1872-08-22
John Van Buren and Chief Justice
Tamey.

A pleasant chapter of Anecdotes of Pub
lie Men" in the July number of the GdIaay
contains this story about John Van Buren and
Chief Justice Taney:
Nearly quarter of century ago the
Legislature of New York enacted law i'm
posing capitation tax upon immigrants ar
irving from Europe and landing at Quaran-
tine. A question was raised in respect to the
constitutionality of this law, and the case
the United States. Mr.. Seward made the az
gument on one side, and John Van Buren, on
the other. The trial attracted considerable
interest, not so much from the importance of
the question involved as from the reputation
and dpolitical position of the opposing counsel.
Mr.. Seward was Senator In Congress, and
the great Whig leader of the State; while
Van Buren was the most brilliant orator and
most popular man on the Democratic side.
They were rivals at the bar, having then re-
Gently been engaged in the trial of the negro
murderer, Freeman, at Auburn, during which
there had been much sharp alteration be-
tween them. The Wings in Congress warmly
sympathized with Seward, while the Demo-
Gratis were equally active and jealous in en-
couraging Van Buren. The arguments were
elaborate and able, the resulting impression
being that the Senator was more of a states
man than a lawyer, but that Van Buren was
one of the most entertaining, impressive and
effective advocates that had ever been heard
in the court.
Judge Taney presided-one of the purest,
most learned, and able judges that ever sat on
the bench. He was the impersonation of
ones idea of the genius of Jurisprudence
He was shy, reserved in his manner, ascetic
in his habits, "a gloomy, forbidding looking
man, resembling monk of the middle ages
but under this cold and repulsive exterior
there beat warm, sympathetic heart. He
was literal man, with no idea of joke
was never satirical or ironical, and detested q
pun or quib as much as DIR. johnson.
The day the argument was closed, Van
Buren, contrived to fall in company with the
Chief Justice in coming down the avenue
from the Capitol. John had aadegree OF
GOODNESS and self-possession undefhll circum
stances that nothing ever disturbed. With
an airy, jaunty manner that would have been
offensive in anybody else, but which he made
winning and attractive, he addressed the aged
jurist:
81 was much flattered, Mr.. Chief Justice,
at th0 gracious attention with which you lis.
tened to my poor effort in behalf of the suf.
fering immigrants at Quarantine. Mr.. Taney
made fitting response, and Van Buren coolly
proceeded: "Far he ii from me to say any
thing respecting the decision of the Court
The Judge started with gesture of deprecA
tion, as If he apprehended an indiscretion or
the part of the lawyer. Il am quite aware
of the apparent delicacy of saying anything
that should look like an attempt to influence
the action of the Court" Here the Chie1
Justice gave dissatisfied shrug of the shoul
ders, intended as rebuke to what he regarded
as an impertinence. But John was wholly
unmoyed, and went on with his remarks, a.
though he was saying the most natural ant
appropriate things imaginable. Nor Would
presume to intimate that an early decision
of the case is desirable" The Judge opened
his eyes In amazement, but remained silent
''But the truth is, your Honor" continued
John, ''the poor devils at Quarantine are
perishing daily, and it is of the utmost i'm
portance that they should learn whether they
are dying constitutionally
Approaching Johns waggery at last, the
Chief Justice, much relieved, gave way to {
hearty laugh, and the conversation came tc
an end.