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Updated: May 26, 2025
Duane, weakly protesting, was dismissed, and Roger B. Taney, the Attorney-General, was appointed in his stead. "I am fully prepared to go with you firmly through this business," Jackson was assured by the new Secretary, "and to meet all its consequences."
Chief Justice Roger Taney may be seen from the refined features of his portrait and the clear-cut literary style of his famous judgment to have been a remarkable man. He was now eighty-three, but in unimpaired intellectual vigour.
"In accordance with instructions from the War Department, based upon the decision of Chief Justice Taney in the case of Ableman v.
Underlaying the innate frankness, there was a deep shrewdness in President Lincoln, which fitted him to cope with the most expert politicians, albeit their vanity would not let them always or promptly acknowledge it. When Chief Justice Taney died, the President had already planned to fill up the vacancy and at the same time shelve that thorn in his side, Salmon P. Chase.
We have seen already that he was wrong the Southern politician who called the words of the Declaration of Independence "a self-evident lie" was a sounder historian than Taney; but an amazing fact is to be added: the Constitution, whose authors, according to Taney, could not conceive of a negro as a citizen, was actually the act of a number of States in several of which negroes were exercising the full rights of citizens at the time.
Buchanan was inaugurated Chief Justice Taney, of the Supreme Court, gave a decision in the Dred Scott case, in which he virtually declared that "negroes have no rights which white men are bound to respect." Dred Scott had been a slave in Missouri, belonging to Dr.
Chief Justice Taney, and others. Denial of this duty to admit the new possessions as States is denounced as a violation by the Republic of the very law of its being, and its transformation into an empire; as a revival of slavery in another form, both because of government without representation, and because of the belief that no tropical colony can be successful without contract labor; as a consequent and inevitable degradation of American character; as a defiance of the warnings in Washington's Farewell Address against foreign entanglements; as a repudiation of the congressional declaration at the outbreak of the war, that it was not waged for territorial aggrandizement; and finally as placing Aguinaldo in the position of fighting for freedom, independence, and the principles of the fathers of the Republic, while the Republic itself is in the position of fighting to control and govern him and his people in spite of their will.
He has been refuted by events and tendencies, such as the growth of historical criticism and the widespread acceptance of the doctrine of evolution, rather than by the might of any single antagonist. So, too, the Dred Scott decision of Chief Justice Taney, holding that the slave was not a citizen, was not so much answered by opponents as it was superseded by the arbitrament of war.
While the opinion of the court, by Chief Justice Taney, in the Dred Scott case, and the separate opinions of all the concurring judges expressly declare that the Constitution of the United States neither permits Congress nor a Territorial Legislature to exclude slavery from any United States Territory, they all omit to declare whether or not the same Constitution permits a State, or the people of a State, to exclude it.
Jackson brought to bear upon him all his powers of persuasion and friendship; Duane still stood firm. Then the President resorted to threats, all to no purpose; at length Duane was dismissed from his office, and Roger B. Taney became Secretary of the Treasury, 23d of September, 1833. Three days afterwards, Taney directed collectors to deposit the public money in certain banks which he designated.
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