Twenty Years of Congress, Vol. 1: From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860Blaine, James Gillespie
History
Twenty Years of Congress, Vol. 1: From Lincoln to Garfield, with a Review of the Events Which Led to the Political Revolution of 1860
Blaine, James Gillespie
United States -- History; United States -- History -- 1865-1898
The aversion with which the extreme anti-slavery men regarded Chief
Justice Taney was strikingly exhibited during the session of Congress
following his death. The customary mark of respect in providing
a marble bust of the deceased to be placed in the Supreme Court
room was ordered by the House without comment or objection. In
the Senate the bill was regularly reported from the Judiciary
Committee by the chairman, Mr. Trumbull of Illinois, who was at
that time a recognized leader in the Republican party. The
proposition to pay respect to the memory of the judge who had
pronounced the Dred Scott decision was at once savagely attacked
by Mr. Sumner. Mr. Trumbull in reply warmly defended the character
of the Chief Justice, declaring that he "had added reputation to
the Judiciary of the United States throughout the world, and that
he was not to be hooted down by exclamations about an emancipated
country. Suppose he did make a wrong decision. No man is infallible.
He was a great, learned, able judge."
Mr. Sumner rejoined with much temper. He said that "Taney would
be hooted down the pages of history, and that an emancipated country
would fix upon his name the stigma it deserved. He had administered
justice wickedly, had degraded the Judiciary, and had degraded the
age." Mr. Wilson followed Mr. Sumner in a somewhat impassioned
speech, denouncing the Dred Scott decision "as the greatest crime
in the judicial annals of the Republic," and declaring it to be
"the abhorrence, the scoff, the jeer, of the patriotic hearts of
America." Mr. Reverdy Johnson answered Mr. Sumner with spirit,
and pronounced an eloquent eulogium upon Judge Taney. He said,
"the senator from Massachusetts will be happy if his name shall
stand as high upon the historic page as that of the learned judge
who is now no more." Mr. Johnson directed attention to the fact
that, whether wrong or right, the Dred Scott decision was one in
which a majority of the Supreme Court had concurred, and therefore
no special odium should be attached to the name of the venerable
Chief Justice. Mr. Johnson believed the decision to be right, and
felt that his opinion on a question of law was at least entitled
to as much respect as that of either of the senators from Massachusetts,
"one of whom did not pretend to be a lawyer at all, while the other
was a lawyer for only a few months." He proceeded to vindicate
the historical accuracy of the Chief Justice, and answered Mr.
Sumner with that amplitude and readiness which Mr. Johnson displayed
in every discussion involving legal questions.
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