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Updated: May 26, 2025
Jefferson, Jackson, and Lincoln in turn found themselves in exigencies where they held it to be their duty to decide for themselves on their high political responsibility in matters of constitutional power and duty. Lincoln suspended the privilege of habeas corpus by his own proclamation, and adhered to his view, although Judge Taney in the Circuit Court for Maryland denied his power to do so.
The veto message as transmitted to the Senate was probably written by Taney, but the ideas were Jackson's ideas which, so far as they relate to finance and banking operations, have been properly characterized as "in the main beneath contempt." The message, however, was intended as a campaign document, and as such it showed great ingenuity.
But much more offensive to the Northern mind than his conclusions of law were the language and historical assertions by which Chief-Justice Taney strove to justify them.
The manifest reference here is to the co-workers for the extension of slavery: namely, Stephen A. Douglas, Franklin Pierce, Roger B. Taney, and James Buchanan.
These reasons had been urged, without success, on one Secretary of the Treasury, Louis McLane. He had been promoted out of office, and they were now pressed upon the judgment and pliability of another. He, too, was found refractory, and displaced. A third, more accommodating, was found in the person of Mr. Taney.
The day was dawning when the bulk of American shipping was to be employed upon them. A suit in admiralty was brought against a ship for sinking another on Lake Ontario. The defendants put in an answer relying on the doctrine laid down by Story. The District Court overruled it. The case came by appeal to the Supreme Court, and in an opinion by Chief Justice Taney the appeal was dismissed.
Lincoln's intimation of a Conspiracy between Douglas, Pierce, Buchanan, and Taney for the passage of the Nebraska Bill, the rendition of the Dred Scott decision, and the extension of Slavery, but proceeded to dilate on the "uniformity" issue between himself and Mr.
An effort was made to have Justice Miller promoted, but President Grant positively declined doing so, on the ground that to raise any Associate Justice over his brothers would be to deepen jealousies not wholly invisible there, so he tendered the important position to Roscoe Conkling, then a United States Senator from New York, whose great intellectual powers especially qualified him to be the successor of Marshall and of Taney.
Thousands of copies of the opinion of Judge Taney were printed and distributed among the people by the Democrats who, at first, were so elated over the blow dealt to the Republican fanatics that they overlooked the fact that the decision was even more fatal to the favorite doctrine of the Northern wing of their own party.
The opinion was delivered by Chief Justice Roger B. Taney. This decision added to the fury of the storm. It was announced that the Chief Justice had announced the doctrine that "negroes had no rights that a white man was bound to respect"; a sentiment so atrocious that this official repelled it with indignation. Efforts were made to bury the Chief Justice in obloquy.
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