Memoir of Roger Brooke Taney, LL.D. : Chief Justice of the Supreme Court of the United States

Front matter

i.

3 "iO

CORNELL

Preface

ABOUT two years before the death of Chief-Justice Taney,* in a conversation with him on the Lives of the Chief Justices of England, by Lord Campbell, he expressed a wish that I would write his life. It was accordingly agreed between us that I would do so; though I was fully aware of the difficulty and the delicacy of the undertaking. And how, almost entirely, I have had to rely upon my own resources for the materials of the life, will ajjpear by the following letters from Mr. Campbell, the son-in-law of the Chief Justice, and a distinguished member of the Baltimore Bar.

Baltimoke, JSfovember 4, 1864.

My DkjVR Sie :

I this morning received your favor of the 3d. It gives me and tlie familygreat satisfaction to learn that you intend writing the Chief Justice's life, and have been for some time making collections with that view. I shall be very happy to contribute any information to you which I possess. I do not know whether you have ever seen Van Santvoord's Lives of the American Chief Justices. The volume was published by Scribner, of New York, in 1854. Many of the facts in it, and particularly those relating to his English ancestors, were communicated to the author by me, ex relatione of the Chief Justice. Van Santvoord says that the name Taney is of Welsh extraction, but I think that a mistake. There is a church known as Taney in Ireland, and I think in the county Dublin ; and the name appears in the Rolls of Letters Patent and Closed in the years 1203 and 1221, published by the English Record Commission. I have a copy of a pedigree of the Brookes beginning in 1602 and ending in 1717. It records the aspect of the Planets at the time of the births of several of the children. If you think it would be worth while, I will send you a copy. I will also send Van Santvoord's book, if you have not got it.

Great men have often simple tastes, and the Chief Justice was no exception. He was passionately fond of flowers, and always thought well of one who liked them.

Yours, very truly, J. MASON CAMPBELL.

Samuel Tylee, Esq., Frederick City, Md.

* Taney is pronouuced Taicnt/.

X Pbeface.

Baltimore, November 29, 1864.

My Deae Sib :

I received your letter of the 26tli, and to-day send you the Lives of the Chief Justices.

The Chief Justice kept no copies of the letters he wrote, and, with very few exceptions, destroyed all he received. I have not yet examined his private papers, of which he left very few, but have no idea that any which he did leave would be of any service to his biographer. The Supplement which he wrote to the Dred Scott case was copied by Mr. William J. Stone of Washington, and sent to Bishop Hopkins, to be used by him in his then forthcoming work on Slavery. He made no use of it that I am aware, and would no doubt return it to Mr. Stone on his application.

I will send you a copy of the Brooke pedigree, and I will also send you a copy of a protest which he addressed to Secretary Chase, against the taxation of the salaries of the Judges of the Supreme Court. Although the other Judges did not unite with him in it, it received their approbation so far, at least, that they directed it to be recorded on the minutes of the Court. I shall bear in mind the necessity of furnishing you with everything available for your work, which I am glad to know is in such fit hands.

Yours, very truly, J. MASON CAMPBELL.

Samuel Tylek, Esq.

With the small aid furnished by Mr. Campbell, my long intimacy with the Chief Justice enabled me to inquire at the projier sources for the information which I have given in the Memoir. It is all perfectly authentic. I spared no pains in verifying everything. To vindicate one who had been so misrepresented, so hated, even after he had gone to his grave, has necessarily imposed upon his biographer the duty of dealing somewhat harshly with his political enemies. I have forborne to speak of some public men, who deserve censure, because I feel that I have sufficiently vindicated the character of the Chief Justice without doing so.

Get but the truth once uttered, and 'tis like A star new born, that drops into its place, And which, once circling in its placid round. Not all the tumult of the earth can shake.

N0TE.-Th6 engraved likeness of the Chief Justice, in this volume, is a perfect representation of him m his eighty-fltth year. It was thought best to represent him as a private citizen as he appeared every day.

Chapter I

Eaely Life and Education, written by Mr. Taney himself. — A.D. 1777-1801.

Reasons for writing his own life — His father, Micliael Taney — The Homestead in Calvert County — Hia forefathers on his father's side — They were Roman CathoUcs — The disabilities of Roman Catholics in Maryland, under William and Mary — Poor schools — His father educated at St. Omer's and at Bruges, Jesuit Colleges in France — Returns home before the American Revolution — Marries the daughter of Roger Brooke, a wealthy farmer on Battel Creek — Roger Brooke's genealogy given according to the superstition of Astrology — His mother — He goes to a school when eight years old — The queer teacher — The Bible and Dil worth's spelling-book the only books — The illiterate condition of the people — Barring the teacher out of school — Goes to another school — The teacher imagines himself a disembodied spirit ; is drowned attempting to walk over the river more than two miles wide — David English becomes tutor in the family — Goes to Dickinson College — An assiduous and successful student — Graduates with high honors, 1795 — Specimen of an acrostic on his own name, by a teacher who wrote a geography in rhyme — His college friends — The election of Mr. Taney by the students to a literary honor — Delivers an oration — His view of the rewards of ambition — Returns home in the Fall of 1795 — The state of society — Fox-hunting a chief amusement — The hunters breakfast on hominy, bacon, and egg-nogg — Himself a fox-hunter — In 1796, begins the study of law at Annapolis — The General Court — Its jurisdiction — The able judges — The able bar — His studies — Objects to Moot Courts — His fellow-students — The leaders of the Maryland Bar ; Martin, Pinkney, Johnson, Key, Mason, Shaaf, Harper, and others — Portraits of Martin and Pinkney — Pinkney the greatest advocate he ever heard — Admitted to the bar in 1799 — His first case in the Mayor's Court of Annapolis — Very much embarrassed — His constitutional sensibility and melancholy — Elected to the Legislature — The mode of conducting the election — Death of General Washington — The deep impression made on the Legislature — Returns home — His love of the country — Love of the romantic — Candidate for re-election to the Legislature — Is defeated — The reasons for his defeat — Takes up his residence in Frederick — His first speech in Court there 17-95 xii Contents.

Chapter II

Life in Fkedekick. — A. D. 1801-1823.

Description of Frederick — The business of the place — The refined society— Thomas Johnson, upon whose nomination General Washington was chosen Commander-in-Chief of the American forces — The kind of law business in Frederick — His diligence as a student — His studies miscellaneous — A candidate, on the Federal ticket, for the Legislature — Is defeated — Marries Miss Key, the sister of the author of " The Star-Spangled Banner " — The romantic residence where Miss Key was born — The charming mode of life on Maryland Plantations — Happily married — He aiEliated with society in all its relations — Trustee of the Academy — Director of a Bank — His punctuality in the discharge of duties — His festive relaxations on the shady banks of the Monocaoy — Fond of excursions on horseback — In the summer at Arcadia, the residence of Mr. Shaaf — Mrs. Taney participates in his love of nature — Counsel for General Wilkinson — Refuses to receive a fee for defending the General — The war of 1812 — Against the declaration of war — After war is declared, supports it with zeal — Denounced by a portion of the Federal party — Alienated from Mr. Thomas — Their reconciliation at the death-bed of Mr. Thomas — The history of the origin of " Star-Spangled Banner " — Nominated for a seat in the House of Representatives — Is defeated — His spirit of toleration of difference of opinion — Elected to the Senate of Maryland — Serves with distinction — An amusing anecdote of Mr. Martin and Mr. Taney — Mr. Martin, Mr. Taney, and Mr. Shaaf in a great ejectment cause — Defends the Rev. Mr. Gruber charged with attempting to incite slaves to insurrection — His speech — The impartiality of the administration of law in Maryland — A Marylander murdered in Pennsylvania in attempting to recover by law his fugitive slave — A gentleman murdered by his slaves in Frederick County — The slaves receive a fair trial at law — Mr. Taney attains such eminence, that he argues causes, from every county in the State, in the Court of Appeals — His training as a lawyer — His skill and manner in the trial of causes — Always advises amicable adjustment of disputes— His marked deference to the Bench and courtesy to the Bar — Anecdotes of Mr. Eoss and Mr. Palmer — His character as a lawyer, by Mr. Schley of Baltimore — The death of William Pinkney — Mr. Randolph's speech in the Senate of the United States on the occasion — Chief-Justice Marshall's opinion of Mr. Pinkney — Mr. Walter Jones's opinion — The last days of Mr. Martin — The grave of Mr. Taney's mother, at Frederick — His pious devotions — Request that he shall be buried by the side of his mother, whenever he dies.

96-143

Chapter III

Life in B.^ltimore.- A. D. 1823-1836.

Takes up his residence in Baltimore — The origin and character of the Federal Government — The history of its working — The origin and history of the two great political parties traced through every administration down to the election of General Jackson- The policy and principles of the two parties — Many of the great stiitesmen as they appeared as actors on the politi-

Contents. xiii

cal stage — The great measures of the different administrations — General Jackson's correspondence with Mr. Monroe — The Virginia resolutions — Mr. Wirt — An amusing anecdote of the Duke of Saxe-Weimar and Mr. Taney — Mr. Taney's eminence as a lawyer — Is leader of the Maryland Bar — Letter from Mr. Wirt to Mr. Taney — Appointed Attorney - General of Maryland — James Dixon, one of his deputies — The trial of Markley for murder — Mr. Dixon's speech — General Jackson's administration — Mr. Taney appointed jittorney-General of the United States — The reason for his selection — He accepts reluctantly — Letters from Mr. Key t^ him giving conversations with General Js.ckson, and with members of the Cabinet — Mr. Livingston's letter informing Mr. Taney of his appointment — Mr. Taney's answer — The issues presented at General Jackson's election — The policy of his administration — Mr. Taney becomes a member of the Cabinet to support this policy — Jackson's inaugural — His first annual message — The Bank of the United States — The veto of the Maysville Road Bill — Nullification — Jackson's celebrated toast — Jackson vetoes the bill for rechartering the Bank of the United States — Mr. Taney aids in preparing the message — General Jackson's re-election — His first message — Nullification — The Proclamation against South Carolina — The history of its preparation — Jackson repudiates some of its principles — Mr. Taney never saw it until it was in print — His opinion of its principles — The compromise bill of Mr. Clay — Nullification at an end — Mr. Calhoun's doctrines — Is the most trusted friend of Jackson — Is appointed Secretary of the Treasury — The Bank of the United States — A full history of the contest between it and the Executive department — Mr. Taney, the great actor in the matter — Correspondence between Mr. Taney and General Jackson — Many new facts disclosed — The "Cabinet Paper" written by Mr. Taney — Mr. Taney baffles the Senate by his Report to their inquiries — The Bank of the United States perishes — Its last end — Mr. Taney rej ected by the Senate as Secretary of the Treasury — The correspondence between him and General Jackson — Returns to Baltimore — Great demonstration of citizens — At a public dinner — Mr. Van Buren's letter and toast — Public dinner at Frederick — His speech — Public dinner at ELkton— Reproves Mr. Webster with great severity in his speech — Is nominated as an Associate Justice of the Supreme Court of the United States — Chief- Justice Marshall favors his confirmation in a letter to a Senator — Is rejected — His opposition against his own party in two important matters in the State of Maryland.

144-248

Chapter IV

Judicial Life. — A. D. 1836-1856.

Appointed Chief Justice of the Supreme Court of the United States — Letters of congratulation — The character of the Court as a co-ordinate department of the Federal Government— Its jurisdiction, and the various classes of cases belonging to it — His qualifications for the office — His predecessors, Jay, Rutledge, Ellsworth, and Marshall — Their respective views of the Constitution of the United States, as manifested in their judicial decisions — Chief-Justice Taney takes his seat first in the Circuit Court at Baltimore— Declines to instruct grand juries, as a useless form — Takes his seat in the Supreme Court xiv Contents.

for the first time — His judicial administration a reaction against the later tendency of that of Chief- Justice Marshall — Mr. Justice Story — The influence of Chief- Justice Taney on the worliing of the Federal Government shown by an analysis of his leading opinions on constitutional questions — High opinion of Chief- Justice Taney entertained by Mr. Justice Story — Death of Mr. Justice Story — Death of President Harrison — Chief-Justice Taney invited by Mr. Webster to come from Baltimore to advise the Cabinet on the occasion — His answer — He builds up the practice of the Supreme Court — His remarkable ability as a Judge in the Circuit Courts — A letter from J. V. L. McMahon — Amusing case in the Circuit Court at Baltimore — A letter to Mrs. Taney on the forty-sixth anniversary of their marriage — The high estimate of the Chief Justice by great men — Clay and Webster — A letter from W. H. Seward — The answer of the Chief Justice — Inauguration of President Taylor — Correspondence between him and the Chief Justice on the occasion — His opinion on Law-reform — Quoit Club at Eichmond — Death of Mrs. Taney and their youngest daughter — Letters of condolence on his heavy bereavement 249-330

Chapter V

Judicial Life. —A. D. 1856-1860.

Antagonism in politics between the Southern States and the New England States — Anti- slavery — Slave-trade with Africa carried on by New Englanders — Declaration of Independence and a sale of negroes published in the same paper in Massachusetts — Slavery especially recognized by the Constitution — John Quincy Adams accuses New England Federalists of a design to break up the Union — Character of Mr. Adams — Tlie abolitionists — The nature of radicalism — Abolition petitions in Congress — Mr. Adams's jubilee oration — Chief-Justice Taney's letter on the occasion — President Van Buren — Both political parties ignore great men for the Presidency — Mr. Webster — President Buchanan — The Dred Scott case — The accusation of Chief-Justice Taney by William H. Seward — Letters from Mr. Justice Campbell and Mr. Justice Nelson in regard to the Dred Scott case — Letter from Reverdy Johnson in regard to the case — Chief-Justice Taney's opinion of Mr. Seward — The State of Wisconsin by its Supreme Court nullifies the process of the Supreme Court of the United States ; and by its Legislature declares nullification to be a right of a State — Chief-Justice Taney's opinion in regard to the conduct of Wisconsin.

331^00

Chapter VI

Jttdiciai. Life. — a. D. 1860-1864.

A new political era — Southern civilization superseded by New England civilization in the policy of the Government — The means by which this was eifected — Mr. Lincoln and other candidates for the Presidency — A letter from Chief-Justice Taney in regard to the canvass — The issue in the canvass was whether the Dred Scott decision should stand — The pernicious doctrine of President Lincoln's inaugural — Secession — The peace Congress — The Mer-

Contents. xv

^yman case — Civil war — The Governor of Ohio disregards the Constitution of Die Unitea'Btates, and also a decision of the Supreme Court — Legislation of Ohio, Illinois, and Indiana against free negroes — A letter from Chief -Justice Taney to the Secretary of the Treasury iu regard to the tax upon the salaries of the Judges — His opinion in a case in the Circuit Court at Baltimore on the employment of detectives by the Government — Letter from the Secretary of the Smithsonian Institution relative to the conduct of the Chief Justice as Chancellor of the Institution 401-446

CHAPTER VII. Peivate Lifb

The delicacy of the attempt to portray the private life of the Chief Justice — The intercourse of the Chief Justice with the ofiicers of the Supreme Court — Their love and veneration for him — Anecdotes of the Marshal and the Librarian of the Court expressive of their admiration of the Chief Justice — A letter from the Chief Justice to the Judges of the Court of Appeals of Maryland, In answer to one from them on his birthday — Letter from Judge Morsell, who had been a playmate of the Chief Justice when they were boys, thanking him for his photograph — Letters from the Chief Justice to his friend Mr. Ferine of Baltimore — A letter to Mr. Perine's son — Letters to S. Teackle "Wallis, Esq. — Letter to Conway Robinson, Esq., about the Merryman case — The Chief Justice a peacemaker between the Clerk and the Pi,eporter of the Supreme Court — A letter to Mrs. George H. Pendleton — A letter from General K. E. Lee — His domestic circle — Letter to Mrs. Taney — Letter to his cousin Ethelbert Taney — His religious character — Letter from Father McElroy — Kindness to domestic servants — Refuses the interest due on his Virginia stock as a preferred creditor — Letter about his mother's grave, and his purpose to be buried by her side — A reader to the last of general literature — His death — Proceedings of the Bar of the Supreme Court — Speech by Judge Curtis at Boston, on the character of the Chief Justice 447-616