The Atlantic Monthly, Volume 15, No. 88, February, 1865: A Magazine of Literature, Art, and PoliticsVarious
General
The Atlantic Monthly, Volume 15, No. 88, February, 1865: A Magazine of Literature, Art, and Politics
Various
American periodicals
By this record will the world judge Chief Justice Taney. His great
familiarity with the special practice; his knowledge of the peculiar
jurisdiction of his tribunals; his acquaintance with the doctrines and
decisions of the common law, with equity and admiralty; his opinions on
corporate and municipal powers and rights, on land claims, State
boundaries, the Gaines case, the Girard will, on corporations; his
decisions on patent-rights and on copyrights; his opinions extending
admiralty jurisdiction to inner waters, on liability of public officers,
and rights of State or national taxation, on the liquor and passenger
laws, on State insolvent laws, on commercial questions, on belligerent
rights, and on the organization of States,--after doing service for the
day in the mechanical branch of his craft, will soon be all forgotten.
But the slavocrats' revolution of the last two generations, and the
Secession war, and the triumph of Liberty, will be the theme of the
world; and he, of all who precipitated them, will be most likely, after
the traitor leaders, to be held in infamous remembrance; for he did more
than any other individual,--more than any President, if not more than
all,--more in one hour than the Legislature in thirty years,--to extend
the Slave Power. Indeed, he had solemnly decided all and more than all
that President Buchanan, closing his long political life of servility in
imbecility, in December, 1860, asked to have adopted as an "explanatory
amendment" of the Constitution, to fully satisfy the Slave Power. Well
would it have been for that Power, for a while at least, had its members
recollected that "no tyranny is so secure, none so remediless, as that
of executive courts"; well for them,--if it is better to rule in hell
than serve in heaven,--but worse for the world, had they been patient.
But the dose of poison was too great. Nature relieved itself. War came,
not the ruin, but the only salvation, of the state.
The movements of events have been so rapid, the work of generations
being done in as many years, that Taney's character is already historic;
and we can judge of it by his relation to the great event which alone
will preserve it from oblivion.
In judging his public character as the head of the Judiciary of America,
consider the _cause_ he sought to promote, his motives, the means he
used, his resources as a jurist and a lawyer in that cause, the intended
effect and actual results.
Public-domain text, read in full here on John Shaqi.
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