Thursday, August 17, 2017

Taney ? Who's Taney

 I asked the question on social media the other day, who is Taney ? I requested that no one google the answer because I was curious. I did receive several replies of, I don't know and I haven't a clue. That is pretty much what I expected. I know I had to look that up myself. So, I'm not claiming to be so intelligent and informed as to know all this stuff. Anyway, Roger Taney was a Supreme court judge in 1857. Hey, we all knew that right ? In fact it was Taney that wrote the majority decision in the Dred Scott case. Yes, he agreed with six other justices that the Congress had violated the Constitution of the United States. At the time, it was only the second time in history that had occurred. Yes, Taney and six of his fellow judges were of the opinion that Dred Scott could not sue for his freedom. Their opinion was that he was not a citizen and therefore not entitled to that privilege. I went on to read about the decision and what Taney's opinion was and why he felt that way. It was a strict interpretation of the law that much is certain. And Taney did the same as all Judges do, he formed his opinion as to just what the documents before him meant. He cited the Constitution as evidence and guess what ? He said, this is what I think it means. Anyway, we can all agree now that Taney and his six colleagues were on the wrong side of that decision. In fact , eleven years later in 1868 the fourteenth amendment was ratified giving full citizenship to all African-Americans, to use the language of the day. So why did I ask who he was ? Well, because it has been proposed and now decided upon to remove his statue from the court house at Annapolis, Maryland. He is offensive !
 So just who was Roger Taney ? This is what Wikipedia says about him : Taney, a Jacksonian Democrat, was made Chief Justice by Jackson.[A] He inherited slaves from his father but manumitted them and gave pensions to the older ones.[2] He believed that power and liberty were extremely important and if power became too concentrated, then it posed a grave threat to individual liberty. He opposed attempts by the national government to regulate or control matters that would restrict the rights of individuals. From Prince Frederick, Maryland, he had practiced law and politics simultaneously and succeeded in both. After abandoning the Federalist Party as a losing cause, he rose to the top of the state's Jacksonian machine. As Attorney General (1831–1833) and then Secretary of the Treasury (1833–1834), and as a prominent member of the Kitchen Cabinet, Taney became one of Jackson's closest advisers, assisting Jackson in his populist crusade against the powerful Bank of the United States.
 It says he inherited slaves from his father but manumitted them. Manumitted means, he set them free. He even gave pensions to the older ones. Sounds like a terrible person doesn't he ? He was against " big government " and the concentration of powers. He served as attorney general and secretary of the Treasury. Yes this man is certainly offensive. Just what was his offense ? He issued an opinion, his opinion that six other Justices agreed with. Agreed it was a bad opinion, one I don't agree with, but I ain't a Judge in 1857 either ! Do I care about Taney or his legacy ? Nope, not really but I care about what is fair and just. The man did his job and issued his opinion. That is what a Judge, especially a Supreme Court Judge is supposed to do impartially and based solely on the rule of law ! He did that to the best of his ability. And now, because of that his statue is to be removed, he is to be disgraced because of his considered opinion. Well if we are going to apply that standard every Supreme Court Justice that every agreed with or issued an opinion contrary to what we believe today has to be removed. No statues, no pictures, no monuments of any kind ! How many Justices of the Supreme Court said, women can't vote ! If they didn't voice opposition to that restriction that is just as good as supporting it ! That is what I hear people saying today.
 Look I really don't care about these statues and monuments. I do care about what is fair and just. Civil war monuments depicting generals or the common foot soldier represent one thing, U.S. Veterans ! That was declared so by congress in 1958. Are we now going to say that all supreme court justices that agreed with that decision should have their statues removed ? If not, how is that fair to Taney ? Silence is consent remember. My point here being this; How many people even knew who Taney was ? How many knew anything more about him than he had something to do with the Dred Scott case ? The only reason he is even remembered is because he was on the wrong side of an opinion ! Sure, that opinion was followed by a civil war ! Yes, in 1868 eleven years after that opinion was issued the fourteenth amendment was ratified. The Congress of the United States told Taney and his six colleagues that they were wrong ! And that is the basis for all of this ?
 All I can say about this nonsense is what Jesus had to say, " Let he who is without sin ,cast the first stone. " And that my friends is not intended as a religious statement but rather as sound advice. Who among you can say, I've never made a bad decision, a poor choice or had a bad opinion ? The very people decrying how offended they are being without fault altogether ? What hypocrisy, what unmitigated gall !      

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