NY Times October 14, 1864: “DEATH OF CHIEF JUSTICE TANEY”
http://www.nytimes.com/1864/10/14/news/death-chief-justice-taney-obituary-notice-proceedings-courts-honors-his-memory.html
“”Mr. TANEY took his seat on the Supreme Bench in January, 1837. His name will be chiefly associated with the famous decision in the case of “DRED SCOTT,” which has gained special prominence from its bearings on some of the most important political issues of the age. The decision itself was in accordance with the opinion of the majority of the court, and was merely to the effect that the Circuit Court of the United States for Missouri had no jurisdiction in the suit brought by the plaintiff in error, but the Chief Justice went out of his way to indulge in a long and entirely irrelevant dissertation about the estimate which he claimed our ancestors placed upon the negro, and the rights to which he was entitled. In the course of his remarks the Chief Justice took occasion to assert, that for more than a century previous to the adoption of the Declaration of Independence, negroes, whether slave or free, had been regarded as “beings of an interior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior that they had no rights which the white man was bound to respect;” that consequently such persons were not included “people” in the general words of that instrument, and could not in any respect be considered as citizens; that the inhibition of slavery in the territories of the United States lying north of the line of 30 degrees and 30 minutes, known as the Missouri Compromise, was unconstitutional...””
In the course of his remarks the Chief Justice took occasion to assert, that for more than a century previous to the adoption of the Declaration of Independence, negroes, whether slave or free, had been regarded as “beings of an interior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior that they had no rights which the white man was bound to respect;” that consequently such persons were not included “people” in the general words of that instrument, and could not in any respect be considered as citizens; that the inhibition of slavery in the territories of the United States lying north of the line of 30 degrees and 30 minutes, known as the Missouri Compromise, was unconstitutional...”...and at the same time, invented the concept, "your mouth is writing checks your ass can't cash".