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To: capitan_refugio
Taney was a friend and neighbor of John Merryman, and should have recused himself from the proceedings.

That didn't bother you when the subject was Texas vs. White and Salmon P. Chase was sitting up there writing opinions about the legality of matters in which he himself had been a principal actor, to-wit, the United States's conquest of the South.

1,436 posted on 11/26/2004 8:30:46 PM PST by lentulusgracchus ("Whatever." -- sinkspur)
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To: lentulusgracchus
Taney was acting in his capacity as a judge in the circuit court. There was another judge who could have heard Merryman's petition.

Chase, sitting as a Justice of the Supreme Court, is ultimately the final authority on his impartiality in any given case. I believe your characterization ("the United State's conquest of the South") is incorrect. The Adminstration restored the rule of law to the insurrectionist states. I also recall that you prefer to use the term "United State" (singular).

1,458 posted on 11/26/2004 9:15:04 PM PST by capitan_refugio
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To: lentulusgracchus
[cr] Taney was a friend and neighbor of John Merryman, and should have recused himself from the proceedings.

[lg] That didn't bother you when the subject was Texas vs. White and Salmon P. Chase was sitting up there writing opinions about the legality of matters in which he himself had been a principal actor, to-wit, the United States's conquest of the South.

Another example, of course, is Justice Benjamin R. Curtis sitting on the bench listening to the argument on behalf of Dred Scott by his brother, George T. Curtis.

And capitan_kerryfugio has, as yet, been unwilling or unable to produce any source for this assertion that the aged Chief Justice and the young Merryman were either "neighbors" or "friends."

1,522 posted on 11/27/2004 7:32:44 AM PST by nolu chan
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