Page:The Green Bag (1889–1914), Volume 14.pdf/617

tion of the fugitive slave law or with unlaw some loss of adaptability to strange duties. fully exciting slaves to insurrection. Upon It is not now easy to understand how im the trial of a case of that character in the partial and duty-loving men, such as he and court of a State which sanctioned slavery, and nearly all of his associates undoubtedly were, in the presence of the jury he said : "A hard could fail in the comprehension of the na necessity indeed compels us to endure the tional doctrines which had been so clearly evil of slavery for a time. It was imposed defined, and which were so conclusively upon us by another nation while we were shown to be necessary to the accomplish yet in a state of colonial vassalage. It can ment of the purposes for which the consti not be easily or suddenly removed, yet while tution was adopted. This is especially true it continues it is a blot on our national char of the doctrines with respect to the power acter; and every real lover of freedom con of congress to regulate foreign and inter fidently hopes that it will effectually, though state commerce. While the great benefits it must be gradually, wiped away, and to result from unrestricted commercial inter earnestly looks for the means by which course, which the national theory favored, this necessary object may be best attained." had not then received the marvelous illus From that position he never receded. He trations which we now see, the consequences was never a believer in secession, nor did he of the confederative theory had been plainly ever by word or act give it intended encour exemplified in State policies by which com agement. The consistent course of his life merce had been crippled at every turn in is marked by two conspicuous and widely the days of the Confederation. It was notori separated objects, the thwarting of the nulli ous that the desire to end the commercial fication scheme of South Carolina, and the strife which already existed and to avert the overthrow of a like scheme set on foot by state of actual warfare which commercial , rivalries threatened was the most powerful the Supreme Court of Wisconsin. His conduct was never controlled by the of all incentives to the adoption of the con dictate of person or party. In early life he stitution. Most of Judge Taney's depar was a federalist. He acted with that party tures from former doctrines related to this in opposing the declaration of war against general subject, and with respect to it his Great Britain in 1812, but cordially sup opinions are plainly foreshadowed by the ported the government after the war was doctrines which, as one of the counsel, he declared. On conspicuous occasions he op had vainly urged upon the court in Brown posed and thwarted improper schemes of his v. Maryland. It is said that even to this party to acquire political control of his State. day lawyers of ability and high standing re His last professional service, rendered just fuse to abandon their deliberately formed before he became chief justice and without convictions, notwithstanding the adverse con reward or hope of it, was in obtaining the clusions of courts. There was no substantial reason why he indemnification of political adversaries for property destroyed by a mob composed of should be measured by a standard not applied to his associates, but it seemed inevitable men belonging to his party. The twenty-seven years of his judicial ser that he should be compared with another vice began when he was sixty years old, rather than with them. It is true that in when he had probably experienced some the departments of constitutional and inter hardening of previously formed opinions and national law he did not reach the stature of