The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-08-09
CHRISTIANS TRIBUTE TO TANEY.

.
dared 10 do his duty as ne saw II in
the most trying and perilous. period of
ms coGntrys history and, as was said
OF another great American. I admired
him for the enemies he had made
Such was the tribute paid by the
Hon. George L. Christian in his very
notable address yesterday to the vir-
ginia State Bar Association on the life.
character and public services OF Roger
Brooke Taney. next to John Marshall.
the greatest of the Chief Justices of
the United States Supreme Court. y
thoroughly trained lawyer in every de-
partment OF the profession. student
Of tho law as science under the
old masters, and not" as Judge Chris
tian said. from the digests and en-
oyclopedias of the present day. which
whilst being great labor savers in
supplying precedents. practically par
alyse both the inclination and power
OF thought and the application OF
principles" He was well prepared for
the discharge Of the high duties OF
his Office when in the fulness of time
he was chosen to fill the seat OF Mar
shall. For the period of sixty three
years this great office was filled by
only two persons. and to this fact, as
Judge Curtis said in his address to
the Bar Association OF Boston on the
death of Judge Taney, the stability,
uniformity and completeness of our
national Jurisprudence are in no small
degree attributable" In his address
yesterday Judge Christian went even
further than this when he said:
y could not If would, and would
not if ] could. detract one iota from
the great name and fame OF Chief
Justice Marshall and especially from
the great work done by him in the
constructive period OF the Government
under the present Constitution. but
candor compcls me TO say that, in my
humble Judgment the trend OF some
of Chief Justice NarshalNs opinions
has laid the foundation for that CEN
tralization of powers in the Federal
Government which are not only a
menace to the stability OF the republic
as such. but to the liberties of the
people as we'll"
To these two men more than to any
other two men In the history OF the
country are we most indebted for the
American system of government and
law and the definition of principles
have its foundations been strength
ened. Its purposes adapted to the
constantly growing life OF the ma
ton. and IL is well thn; they
should be associated in taking account
OF the steps by which the Republic
OF Marsnall and fancy has developed
into the Nation Of to-day and to-mor-
row. l, docs not matter greatly. as
Judge Christian pointed out. that
"Taneys judicial administration was a
distinct reaction from the tendencies
OF Marshall" as that had the effect OF
steadying the craft. Taney believed
win JeferSon- in:'the support of the
state governments as the most COM
petent administrators for our domes-
tic concerns" The keynote OF his
decisions is sounded in the Charles
River Bridge case, In which II is held
that the states have the power TO
regulate corporations within their own
limits.
The two great cases with which
Justice Taneys name has been most
Intimately associated are the decisions
in the bred Scott case and the Merri-
man habeas corpus case. In the latter
the baYonet prevailed over the law
and in the former the sectional animos-
tiles. under the Inspiration OF Adolf
t!on teaching. were aroused, which
have caused such distress to the coun-
try and SO sorely divided it into OPP
posing schools Of political thought anc
enor, Upon Taney's devoted head wa.
poured all the Walls Of Northern wrath
but as Judge Chris,ian said. 'notwith.
standing the calumny and abuse which
were heaped upon the Chief Justic,
because Of his decision in the Dret
Scott case, as far as we have been abb,
TO discover. not one statemen, of fac
OF principle OF law as set forth by hin
in that opinion has ever been success
fully controverted."
Judge fancy. lived in time OF sor,
conflict his constitutional opinions. IL
the most permanent form OF literature
were part OF the Jurisprudence of III,
country. and he could not and won,
not change them because the tempes
was bowling about him. 1t was tn
conviction of his life that the Fedora
Government was one OF limited pow
ers' and that these limitations wer
hxed by the Constitution. made for IT
control both in war and in peace. an,
he could not surrender these convic
tons. even though his life should pa!
the forfeit.
The Reports Of the Supreme Court
during the twentyeight years Chic
Justice fancy presided ove- it. con
tain about three hundred Of his op!n