The times., 1901-06-16
JUDGE TANEY's DECISION.
The Worldwide Known Judgment
of n Great American.
0From Case and Comment. }

President Jackson. with the private ap-
proval of Chief Justice Marshall, nOmi-
| mated fancy for an associate justice Of
the Supreme Court in January 1926 but
ION account of his course as United States
Attorney General in advising President
jackson against the United States Bank
and the consequent distressf the Senate
indefinitely postponed action upon the
nomination. The Chief Justice died dur
ing that year, and on December y the
President nominated fancy for Chief JUS
ice. vehement opposition by Cay, NeD-
ster and others was made, but the nOmi-
nation was confirmed by fourteen major
ity on March Is, 1886.
The decisions with which Chief Justice
TaneyS name is most commonly aSSOci-
ated are those which had to do with the
great and exciting questions OF slavery.
1t was during his career as Chief Justice
that the decisions in favor Of the fugi-
tive slave law was rendered. The most
famous decision with which he had TO do
was that in the Dred Scott case, which
doubtless indirectly contributed very
greatly to the marShaling of forces for
the ''irreDressible conflict" =" The state
ment in his opinion of the long-eXisting
idea that negroes had no rights that
white men were bound to respect was
widely miSrepreSented as being an eX-
preston OF his own sentiment Through
out the North public opinion was so over
whelming against him, and was so stirred
by unjust and unfair opponents. that he
came to be regarded as a reprobate After
the civil war began application was made
to him at chambers in Baltimore for the
discharge of a citizen from military Gus
tOdy by a writ of habeas corpus. Tho
writ was granted and was returned seTv-
ed but the officer declined to produce the
prisoner on the ground that he was held
upon a charge Of treason. and that the
President of the United States had au-
thoriZed the suspension of the writ Of
habeas corpuns for the public safety.
ThereupOn the aged but intrepid Chief
Justice issued an attachment ag3inSt the
ntipa general for contempt Tf1L.E
realizing the possible consequences To
himself.
The Chief Justice was spared any
further humiliation than the demonStra-
tiOn Of the impotenCy Of his writ, as The
marshal was refused admission at the
gate of the fort. so that he could not serve
the writ. The Chief Justice then pro-
ceeded to declare that the President had
no constitutional right to suspend the writ
and the officer had no right to hold his
prisoner in defiance of the civil authority.
In all these matters it Is now in these
calmer times readily conceded the Chief
Justice did his duty cOnScientiOusly, as he
saw it. His decisions were by no means
restricted to cases with political tinSe.
While he was Chief Justice great num-
Der of cases were decided on every kind
Of questions. from matters OF commercial
law to matters of admiralty. In all these
questions he IS conceded TO nave been a
great Judge AS has sometimes been
said, he was greater as judge than as
a statesman.
II Is interesting 10 KNOW thdJ, Wnile ne
conscientiously upheld the legal rights Of
the slave owners as he understood them,
he manumitted his own slaves and pro-
vided for the aged among them. and il
has been said that he would wait at the
door of the confessional among a crowd
of negroes, refusing 10 enter before his
turn" 1t is not too much to say that in
these days public opinion, at least among
the members of the legal profession who
know most of his career, has come to
recognize that. whatever the soundness
or unsOundness of his opinions on the
great constitutional questions growing
out of slavery may have been, ne was
not only a great judge, but a fearless and
honest American