, 1888-04-05
A DEMOCRATIC CHEF JUSTICE

The prospect of democratic chief
Justice recalls the last one, Roger b.
Taney, whose term extended from 1887
till his death in 1864. Judge Taney
was a Maryland democrat OF the old
school. Naturally narrow-minded, lie
was BY instinct and training n parti-
san. He was an acute lawyer, and dur
ing his long term Of service made
high reputatin as judge, bat he was
not great jurist in the broad sense OF
the term. He earned his appointment as
chief justice by his political adher-
ence to President Jackson, and es-
pecially by his services as member
of Jackson's cabinet. He was an ar
dent supporter Of Jackson in the lat
ter's controversy with the United
States Bank, and as secretary Of the
treasury he ordered the removal OF the
government deposits from that insti-
tuition, thus Fastening its downfall.
Taney's appointment as secretary OF
the treasury was rejected by the sen.
ate, but he had already done
the principal work for which
he was appointed. He was then
nominated as n 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, con-
firmed him. Judge Taney's name is
inseparably connected in history with
the famous or infamous Drcd Scott de-
cision, in which he went out of his
way to place the colored race under the
ban OF a constitutional disability. The
case arose under the fugitive slave
law, and was intended to test the val
idity and constitutionality Of that act
and the laws enforcing it. The de-
cision Of the court, pronounced by
Chief Justice Taney, swept away
every vestige OF legal right and every
chance of liberty for the negro. The
decision declared that for more than
century prior to the declaration of in
dependence negroes, whether slave or
free, had been regarded Gas beings OF
an inferior order, and altogether unfit
20 associate with the white race, either
in social or political relations, and
so far inferior that they had
no rights which the white man,
was bound to respect" Else
where they were referred to rs "a
subordinate and inferior class OF be-
ings, who had been subjucated by the
dominant race;' as "never thought Of
or spoken Of except as property and
30 on for quantity. In this light of
modern history this sounds strangely,
but il was good Democratic doctrine
rs expounded by the last Democratic
chief justice, in the year of our Lord
1858. The mills OF God were then
grinding, and Chief Justice Taney
lived to see some things ground ex-
ceedingly small, among others the
Dred Scott decision At that time
the supreme court was decidedly par
tisan, eight OF the nine judges having
been selected from'the ranks of the
Democratic party, and most of them
for partisan reasons. The Dred Scott
decision, which was intended to aid
and strengthen slavery, was one of tn o
things that contributed to its ultimate
extinction. Judge Taney's attempt to
arrest the rising tide OF public opinion
and turn back the moral sentiment of
the Nation was us futile as Mrs. Par
tington's effort to sweep the Atlantic
ocean out OF her back yard. However,
the world has moved since then,
and even the Democratic party has
learned something, though it has not
yet got rid of negrophobia.