OCTOBER 12, 1864:
Roger B. Taney (1777-1864) the sepulchral Chief Justice of
the United States, a Unionist, a Maryland slaveholder, a States’ Rights
advocate, and an opponent of the President, whose overreaching holding in Dred Scott v. Sandford (1857) can
arguably be said to have caused the Civil War, died at age 87 in Washington,
D.C. Although a more than competent jurist, and Chief Justice for 28 years,
Taney’s legacy was ruined by Dred Scott and
by Ex parte Merryman (1861),
delivered as Circuit Justice, which challenged President Lincoln’s suspension
of the Writ of Habeas Corpus. In the chaos that was the Civil War, Lincoln
simply ignored Taney’s Circuit ruling and later released Merryman via an
amnesty. Merryman’s case never reached the full Supreme Court.
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