The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1874-05-15
CAfcf Justice IuMcU.
le Maryland Legislature, during its

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The Maryland Legislature, during its
next annual session, will inaugurate a
statue a. Annapolis in honor of the mem
ory and judicial services of her dstin-
guished son, Chief Justice Roger B. Tan
cy, who died in 1868. Teakle Wallis,
%, enc of tho most able and accomplish
al I.cnbers Of the Baltimore bar, has been
invited by joint committee Of the Legls-
Iaturc Of that State to deliver an Grafton on
the public life and services OF Chief JUS
tice Taney. on the occasion referred to,
and has consented to do so. Mr.. Wallis
was the intimate personal friend Of Roger
B. fancy and is perfectly familiar with
the life and character of man who for
more than half century was so intimate
ly identified with the political and judicial
history of the country.
In connection with this subject few re-
marks are appropriate. ChiefJustice Tan
ey delivered tho opinion of a majority of
the Judges of the Supreme Court of the
United States in the memorable case of
the negro, Dred Scott, which case has
passed into the Judicial history of Che couu-
try. Judge fancy was Democrat and
was appointed to the high and responsible
position he held at the time OF his death
hy President jackson. 1t has been charg-
Ell against Judge fancy, that, in the opin-
ion Ieferred to, lie declared that 81 negro
had no rights trhichG ,rAite man aras Gound
to respect" This slander has been uttered
all over the north by radical stump speak
crs for the purpose of making little cheap
political capital, and has even found men
on the floor of Congress who had the au-
dacity to repeat it. The charge is not
true and is utterly at variance with Judge
TaEey's well known action III life. In
the Drcd Scott decision Judge Taney, as
matter of history, but aCuhOut endorsihyiL
simply referred 20 the state of public sen
timent in this country in reference to the
status of the negro at the time of the pas
sage Of the Declaration of Independence
md the adoption of the Constitution of
he United States. What the law was all
over the country, and what public senti-
nent was, is too well known to require
discussion here. In his opinion. the Chief
Justice, in his historical reference TO the
negro and his condition in this country,
rs well IS IN Europe ut the date of the Dec
aration of Independence, said
''It is difficult at this day TO realize the
state OF public opinion in relation to that I'M
'ortuuate race which prevailed in ;he civil
Zed and enlightened portions OF the world
II the time of the declaration of indepen-
iencc, and when the constitution was framed
md adopted. But the public history OF every
EUropen nation displays it in u manner too .
,lain to be mistaken.
"They had for more than i century before .
'een regarded rs beings Of All inferior order,
md altogether unfit to associate with the
white race, either in social or political rela- .
ions. and so far inferior that they had no
lights which tie white man was bound TO re- .
pect, and that the negro might Justly and .
awfuily be reduced 10 slavery for his benefit. .
lie was brought and sold and treated as an .
ordinary article OF merchandise and traffic .
vhcnevera 4 profit could he made by it. This .
opinion was 1T that riIne Il Sr,l and universal /
n the civilized portion the white race. 1t .
vas regarded as an axiom in morals as well .
Is IN politics which no man thought of dis
cutting or supposed to he omen to lisrute and .
men in overy grade and position in socIety .
iaily and habituaily acted upon it in their .
private pursuits rs we'll as in matters Of pub .
ic concern, without doubtiug for a moment
he correctness of This opinion"
Such was his language. Does any man .
Who has read the history of this country
Icny the truth of his statement as appiica-
lie to the public sentiment and the public .
cts Of the State and national governments
t the time referred to? Did Roger B.
fancy express his HPyroral Of the doctrine
hat "a negIo had no rights which white
nan was bound to respcct?"' He never
hought so and as a Judge never said So
lie was the firm friend in his younger day
Yhilo he vas member of the Maryland
legislature, Of acJro emancipation In Hot
HiHte, and never was the personal advocate
If slavery, whatever his duty as judge
'ctjug under his oath may have required .
Iim to decide under the Constitution of .
he United States as it then existed.
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