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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: capitan_refugio; lentulusgracchus
[capitan_kerryfugio #1458] Taney was acting in his capacity as a judge in the circuit court. There was another judge who could have heard Merryman's petition.

As usual, capitan_refugio simply lies. The caption says it is an in-chambers opinion of the Chief Justice of the Supreme Court. capitan's favorite source, Daniel Farber says it is an in-chambers opinion of the Chief Justice of the Supreme Court. General Cadwalder was summoned, "Greeting: You are hereby commanded to be and appear before the Honorable Roger B. Taney, chief justice of the supreme court of the United States, at the United States courtroom, in the Masonic Hall, in the city of Baltimore, on Monday, the 27th day of May 1861, at eleven o'clock in the morning...." Better yet, Chief Justice Taney announced from the bench that Judge Giles was not there because he, Taney, was sitting not as a member of the circuit court, but as Chief Justice of the United States.

Obviously capitan_refugio presumes he knows better than the Chief Justice who announced that he was sitting as Chief Justice and not as circuit justice.

"Technically he did not issue it in his capacity as a judge 'on circuit' but rather as an 'in-chambers' opinion of the chief justice."
-- Daniel Farber, Lincoln's Constitution, p. 17

As he took his place he announced that he acted alone rather than with Judge Giles because of the fact that he was sitting not as a member of the circuit court, but as Chief Justice of the United States. One reason for the distinction, undoubtedly, was the belief that it would lend added weight to the decision.
-- Carl Brent Swisher, Roger B. Taney, The MacMillan Company, published October 1935, reprint June 1936, pp. 551.

1,580 posted on 11/27/2004 1:30:20 PM PST by nolu chan
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