Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1872-07-17
John Van Buren and Chief Justio
Taney.
July /, 1872. Chairman.

Nearly quarter Of n century ago
the Legislature 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 constitu
tionality of this law, and tho case was
ultimately 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 attracted considerable interest,
not so much from the Importance Of
the question involved as from the rep.
utation and political position of the
opposing counsel Mr. Seward was a
Senator in Congress, and the great
Wing leader Of tho States; while Van
Buren was tho most brilliant orator
and most popular man on the Demo
cratic side. They were rivals at the
bar, having then recently been en-.
gagged in the trial of the negro murder.
er, Freeman, at Auburn, during which
there had been much sharp alteration
between them. The Wings in Con.
gress warmly sympathized with Sew.
ard, while the Democrats were equal.
ly active and jealous in encouraging
Van Buren. Tho arguments were
elaborate and able, the resulting i'm.
preston being that the Senator was
more of statesman than q 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 of the
purest, most learned and able judges
that ever sat on the bench. He was
shy, reserved in manner, ascetic in his
habits, gloomy, forbidding looking
man, resembling monk of the mid.
die ages but under this cold and re-.
pulsive exterior there beat n warm
sympathetic heart. He was a literal
man, with no idea ofaj joke; was never
satirieal or ironical, and detested a
pun or quip as much as DR.. Johnson.
The day the argument was closed,
Van Buren contrivod to fall in com.
pany with the Chief Justice in coming
down the avenue from the Capitol
John had degree of GOODNESS and self.
possession underall 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 iurist:
~ was much hattcred, Mr.. Chief
Justice, at the gracious attention with
which you listened to my poor effort
in behalf Of the suffering immigrants
at Quarantine" Mr. Taney made a
fitting response, and Van Buren, ooolly
proceeded: "Far be it from me to say
anything respecting the decision OF
the Court" Tho Judge started with
gesture of depreciation, as if he np.
pretended an indiscrction on the part
of the lawyer. 81 am quite aware of
the apparent indelicacy Of saying any.
thing that should look like an attempt
to infsonce the action of tho Court"
Here the Chief Justice gave q dissatis.
fed shrug Of his shoulders, intended
as rcbuke Of what he regarded as an
impertinence. But John was wholly
unmoved, and went on with his ro
marks, as though he was saying tho
most natural aud appropriate thing
imaginal lc., '(Nor would | presume
to intimate that an early decision of
the case is desirable" The Judge
opened his eyes IN amazcment, but re
mained silent "But the truth Is,
your Honor" continued John, "thc
poor devils at Quarantine arc perish.
ing daily, and it is Of the utmost i'm
portancc thatt they should learn wheth
er they are dying consitutionally."
Approaching Johns waggery at
last, tho Chief Justice, much relieved,
gave way to hearty laugh, and the
conversation came to an end.
John Van Buren, had in him the
making of a great lawyer and a states.
man OF commanding power. He lack
cd nothing but industry and steadi.
moss of purpose. Quick of perception,
with fine faculties, uncommon logical
powers, and abundant imagination,
he never failed TO command the ad
mring attention of his auditory
"Anecdotes Of Public Men," in July
Gdldry.