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Updated: May 26, 2025
Then the announcement was made that the squadron would soon move against Tabasco, and that Hunter should not accompany it, but that he should be dismissed the squadron. And he was sent home. In New York the people made a hero of him, giving him swords and dinners, and securing for him the command of the schooner "Taney," in which he made a roving cruise to the Mediterranean.
Chief Justice Fuller has only recently passed away, after serving as Chief Justice of the United States for a longer period than any of his predecessors in that high office, with the two exceptions of Marshall and Taney. I knew Melville W. Fuller for many years before he became Chief Justice.
Resolved, That all proscription from educational advantages and honors, on account of color, is in perfect harmony with the infamous decision of Judge Taney "that black men have no rights which white men are bound to respect."
This being so, while Calhoun and Taney were right as against Douglas in ascribing to Congress all power over the Territories, it was as impossible to find slaves in any United States Territory as to find a king there. Slaves taken into Territories therefore became free. Slaves taken into any free State became free. Slaves carried from a slave State on to the high seas became free.
He claimed the right, which he undoubtedly possessed, to consult the record for the further discharge of his official duties. Judge Taney denied the right, and obtained an order of court forbidding anybody to see the opinion before its official publication in the Reports.
I mingled with the crowd at the eastern portico of the Capitol, and was so fortunate as to hear and see all that took place, the high officials who surrounded the President, his own sad and pensive face, his awkward but not undignified person arrayed in a faultless suit of black, the long address he made, the oath of office administered by Chief Justice Taney, and the dispersion of the civil and military functionaries to their homes.
Louis McLane of Delaware became Secretary of the Treasury; Lewis Cass of Michigan, Secretary of War; Levi Woodbury of New Hampshire, Secretary of the Navy; and Roger B. Taney of Maryland, Attorney-General.
The Supreme Court undertook to decide whether his residence in Minnesota rendered him free, and also whether any negro of slave descent could be a citizen of the United States. The official opinion of the Court, delivered by Chief Justice Taney, decided both questions against the suppliant. It was held that the "citizens" recognized by the Constitution did not include negroes.
Then Joseph Story, who remained as the representative of Marshall's philosophy upon the bench, vehemently protested against the latitudinarianism of Chief Justice Taney and his associates, but without producing the slightest effect.
The court, in an elaborate opinion delivered by Chief-Justice Taney, dismissed the case for want of jurisdiction, on the ground that no person of slave descent or African blood could be a citizen of the United States or be entitled to sue in its courts.
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