The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-10-08
Judge fancy


1t often has been observed that LAWYERS who have
been subServient to political machine sometimes
become very good judges when elevated to the bench
The responsibility of the new office sobers them and
enables them to assume high degree of impartalitv
This was the case with Roger Brooke fancy, whose
bust recently was unveiled at Frederick Md with fit
ting ceremonies, at which Chief Justice Hughes and
Governor Ritche were the chief speakers 1t is lust
hundred years ago that fancy was made attorney
general of the United States
While he had proved his ability as court law
yer, fancy was regarded as primarily politician He
was one of the most doce and devoted of Jacksonan
Democrats When Jackson made his famous raid on
the United States bank in 1888 he tried to find some
body serve enough to his eraic wishes to wreck the
institution by withdrawing federal funds.
Two secretaries of the treasury baked and were re-
moved or transferred. Then fancy was given the lob
and carried out Old HicKorys commands
AS reward for this political service, Jackson ap-
pointed fancy to the supreme court but the senate
turned him down Indignantly Jackson waited his
time The senate changed it's complexion and he was
able to make fancy chief justice or successor to the
great Marshall Clay and most statesmen of the time
bitterly criticised the appointment.
Yet fancy made a good chief justice He intro
duced system and organization into the work of the
-
shalS long term Even his supposed slip in the bred
Scot case was not product of Taneys personal bias
toward slavery, which he hated
Early in his political career he had attracted at
tention by defending northern Methodist minister
who had melted slaves to instruction He had freed
his own slaves.
The bred Scot decision was product of Tanev,s
strict constructonist ideas. Where he erred was in
succumbng to the temptation to write political
opinion. Judge Nelson had written a technical
opinion, settling the legal question at ISSUE namely
whether bred Scot was slave. But fancy feared
the political effect of Judge McLeans political dis
senting opinion and decided to write a political
opinion, embodyng the nonconstitutionality of the
Missouri compromise
Taneys efforts to preserve the constitutional rights
of American citizens during the Civil war reflects
more credit upon fancy than upon Lincoln and
those who were willing to wreck the Constitution to
suppress slavery and preserve the Union.
Judge Hughes statement in his speech that there
is not the slightest foundation for the charge of DO
litical bargaining collision in the bred Scot de-
csion is not quite true. John Bassett Moore cleared
up this point in his Life and Works of James
Buchanan
Justice Catron was a friend of President Bu-
chanan, who hailed from Pennsylvania The ma
ority justices wanted to have northern Judge side
with the majority, that it would not seem an all
southern affair. Justice Grier came from PennsyI-
vana.
Catron asked Buchanan to bring pressure on Grier
to get him to come in with the majority. Buchanan
communicated with Grier, who answered as follows:
your letter came to hand this morning. I have
taken the liberty to show it in confidence to our
mutual friends, Judge Wayne and the chief justice
We fully appreciate and concur in your views . /. :"
rT7.:z
commentary on the so-called check and balance"
system and the independence of the three depart
ments of government.
William Henry Seward charged collision between
the President and the court, which so aroused the
indignation of fancy that he later said that if Seward
had been elected President he would have refused
to administer the oath of Office to him.