The simple pro-slavery jackass picture was never warranted, since Taney, C.J., is
historically considered one of the great justices. Obviously, he was pro-South and, as
I recall, felt guilty about being so pro-South that he was reluctant to have some
descendants escape southern illnesses by summering in the North, with some fatal
consequences. Allow me to recommend Carl B. Swisher's biography. I think Taney had
been planning to get out of Dred Scott without doing much of anything (leaving the
opinion of the Court to Nelson) but felt compelled by the dissents to write an
extensive opinion, with those nice words about what rights are included with
citizenship.
PHB
-----Original Message-----
From: Hardy, David
Sent: Sunday, October 19, 2003 5:12 PM
To: [EMAIL PROTECTED]
Subject: Re: Couple of historical quirks
Paul Finkelman writes:
>You are talking about the Jacob Gruber case. It is of course a case in
>which Taney is defending a white man, and is not about *black* rights,
>as is Dred Scott. It is also very early in his career, when he was a
>Federalist and had some idealism. Finally, of course, he was arguing a
>case. Lawyers say lots of things to juries that they might not agree
>with or believe. Lawyes are hired to represent their client's interest,
>not their own! Certainly, this view of the founders contrasts with his
>more accurate view of them as being proslavery, which he sets out in
>Dred Scott v. Sandford.
All true, but it certainly paints a more complex picture of the man
than I'd had before (i.e., a simple racist jackass out to protect
slavery). Perhaps he believed that by constitutionalizing the
question of slavery, he would defuse the issue. It wouldn't be an
unlikely mistake, viewed from a judge's perspective... proclaim it's
the constitution, and everyone will have to grumble and conform.
And if someone had explained that his decision would lead to
600,000 dead, the 13th, 14th and 15th Amendments, and other such
trifles, he probably would have filed paperwork for that someone's
mental committment.
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