The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-27
A DEMOCRATIC oHrEP-JUsTIoB.

The prospect of Democratic Chief-justice
recalls the last one, Roger B. fancy, whose
term extended from 1887 till his death
in 1864. Judge fancy was a Maryland
Democrat of the old school. Naturally
narrow minded, he was by instinct and
training a partisan. He was acute
lawyer and during his long term of service
made high reputation as judge, but he
was not great iurist in the broad sense of
the term. He earned his appointment as
Chief justice by his political adherence to
President jackson, and especially by his
services as a member of Jaclzson's Cabinet.
He was an ardent supporter Of jackson in the
latter's controversy with the United States
Bank, and as Secretary of the Treasury he
ordered the removal of the government depos-
it's from that institution, thus Fastening its
downfall. Taneys appointment as Secretary
of the Treasury was rejected by the Senate,
but he had already done the principal work
for which he was appointed. He then
nominated as a Justice of the Supreme Court
and was again rejected by the Senate In
1887, on the death of Chief Justice
Marshall, President jackson appointed him
Chief-justice, and the Senate, being then
Democratic, confirmed him. Judge Taneys
name is inseparably connected in history with
the famous or infamous bred Scott decision,
in which he went out Of his way to place the
colored race under the ban of constitutional
disability. The case arose under the fugitive
slave law, and was intended to test the validity
and constitutionality of that act and the laws
enforcing it. The decision of the court, pro-
nounced by Chief Justice fancy, swept away
every vestige of legal right and every chance
of liberty for the negro. The decision de-
clared that for more than a century prior to
the Declaration of independence negroes,
whether slave or free, had been regarded Gas
beings Of an inferior order, and altogether
unfit to associate with the white race, either
in social or political relations, and so far
inferior that they had ne rights which the
white man was bound to respect"
Elsewhere they were referred to as ga
subordinate and inferior class of beings, who
had been subjugated by the dominant race"
as "never thought of or spoken of except as
property" and SO for quantity. In the
light of modern history this sounds strangely,
but it was good Democratic doctrine
pounded by the last Democratic Chief justice,
in the year of our Lord, 1857. The mills of
God were then grinding, and Chief-justice
fancy lived to see some things ground
ceedng small, among others the bred Scott
decision. At that time the Supreme Court
was decidedly partisan, eight of the nine
judges having been selected from the ranks
of the Democratic party, and most of them
for partisan reasons. The bred Scott decis-
ion, which was intended to aid and strengthen
slavery was one of the things thatcontributed
to its ultimate extinction. Judge Taney's
attempt to arrest the rising side of public
opinion and turn back the moral sentiment of
the Nation was as futile. as Mrs. Partington's
effort to sweep the Atlantic ocean out of her
back yard. However, the world has moved
since them, and even the Democratic party
has learned something. though it has not yet
got rid of negrophobia.