New national era. [volume] (Washington, D.C.) 1870-1874, 1872-07-11
John Van Buren, and Chief Justice
fancy. 5.-l --- ....t

Nearly quarter. of century ago, the Leg
islatire of New York enacted law imposing
capitation tax upon immigrants arriving
from Europe and landing at Quarantine. A
question was raised in respect to the consti-
tutionality of this law, and the case was ulti-
mately taken to the supreme court OF the
United States. Mr.. Seward made the argu-
ment 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 political position of the opposing counsel.
Mr. Seward was a Senator in Congress, and
the great Wing 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 lawyer, but that Van Buren was
one of the most entertaining, impressive, and
effective advocates that had ever been heard
in the court. ... ....+-..
Judge fancy presded-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 manner, ascetic in
his habits, q gloomy, forbidding-looking man,
resembling a monk of the middle ages, but
under this cold and repulsive exterior there
beat warm sympathetic heart. He was a
literal man, with no idea Of joke; was
never satirical Or ironical, and detested pun
or quip 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 degree of cool
ness and self-pOssession under all 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 -n .....
~ was much battered, Mr.. Chief Justice,
at the gracious attention with which YOU lis
| tened to my poor effort in behalf of the suf-
fering immigrants at Quarantine" Mr.
fancy made a fitting response, and Van
Buren, cody proceeded: ."F'ar be it from me
to say anything respecting the decision of the
court" The Judge started with agesture OF
depreciation, as if he apprehended an indiscre.
ton on the part of the lawyer. 81 am quite
aware OF the apparent lndelicacy 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 rebuke of what he
regarded as an impertinence. But John was
wholly unmoved, and went on with his re.
marks, as though he was saying the most
natural and appropriate thing imaginable
''Nor would presume to intimate that al
early decision of the case is desirable" The
Judge opened his eyes in amazement, but re
NAMED silent. "But the truth is, your hon
Or" continued John, "the poor devils Al
Quarantine are perishing daily, and it is o
the utmost importance that they should lear
whether they are dying constitntionally."
Approaching Johns waggery at last, the
Chief Justice, much relieved, gave way to {
hearty laugh, and the conversation came tt
| an end. ..a. " .,,, s.a..sE
John Van Buren, had in him the making
of great lawyer and a statesman of com
manding power. He lacked nothing but in
d,lstry and steadiness of purpose. Quick 0
perception, with fine faculties, uricommol
logical powers, and abundant imagination, h
never failed to command the admitting atten
ton of his auditory.--July GALAXY.