Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-06-21
JOHN VAN BUREN AND CHIEF
TS1ICE 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 eonstitutionality of this law, and the
case was Immediately taken to the Supreme
Court of the United States. Mr.. Seward
made the argument on one side, and John
Van Buren, on the other. The trial at
tracted considerable interest, not so much
from the importance of the question involv-
ed as from the reputation and political posi-
ton of the opposing counsel. Mr.. Seward
was Senator in Congress, and the
great Wing leader of the States; while Van
Buren, was the most brilliant orator and
most popular man on the Democratic side.
They were rivals at the bar, having then
recently been engaged in the trial of the
negro murderer Freeman, at Auburn, dur
ing which there had been much sharp alter
cation between them. The Wings in Con-
gress warmly sympathized with Seward,
while the Democrats were equally active
and Jealous in encouraging Van Buren,.
The arguments were elaborate and able,
the resulting impression being that the
| Senator was more of a statesman 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 fancy presided-one ofthe purest,
most learned and able judges that ever sat
on the bench. He was the impersonation
Of ones ideas Of the genius jurisprudence.
| He was shy, reserved in manner, ascetic in
his habits, gloomy, forbidding- looking
man, resembling monk of the middle
ages; but under this cold and repulsiVe ex-
terror there beat a warm, sympathetic
| heart. He was 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 10 fall in company with
the Chief Justice in coming down the ave
nue. from the Capitol. John had degree
of GOODNESS and selfpossession under all
circumstances 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 the attention with which you listened to
| my poor eflert in behalf of the suffering
immigrants at Quarantine" Mr.. Taney
| made fitting response, and Van Buren,
coolly proceeded: "Far be it from me to say
anything respecting the decision of the
court The Judge started with gesture
of depreciation, as if he spprehended an in
discretion on the part of the lawyer. 81 am
quite aware of the apparent indelicacy of
| saying anything that should look like an at
| tempt to influence the action Of the court"
Here the Chief Justice gave dissatisfied
| shrug Of the shoulders, intended as arebuk9
Of what he regarded as an inpertinence. But
| John was wholly unmoved, and went on
with his remarks, as though he was saying
the most natural and appropriate thing i'm
imaginable. "Nor would presume to init
mate that an early decision of the case is
| desirable" The Judge opened his eyes in
sEnaZement, 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 Importance
that they should learn whether they are
dying constitutional y"
Approaching Johns waggery at last, the
Chief Justice, much relieved, gave way to a
hearty laugh, and the conversation come to
an end. s.r
John Van Buren, had in him the making
of a great lawyer and a statesman of COM
manding power. He lacked nothing bat in
dustry and steadiness Of purpose. Quick
| of perception, with fine faculties, uncom-
mon logical powers, and abundant imagi-
nation, be never failed to command the ad-
miring attention of his aUditory.-"Anee-
dotes Of Public Men, " in July Galary.
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