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TANEY, ROGER BROOKE (1777—1864)

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Originally appearing in Volume V26, Page 396 of the 1911 Encyclopedia Britannica.
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TANEY, See also:ROGER See also:BROOKE (1777—1864) , See also:American jurist, was See also:born in See also:Calvert See also:county, See also:Maryland, on the 17th of See also:March 1777, of See also:Roman See also:Catholic parentage. He graduated from See also:Dickinson See also:College, See also:Carlisle, See also:Pennsylvania, in 1795, began the study of See also:law at See also:Annapolis in 1796, and was admitted to the See also:bar in 1799. In 18o6 he married See also:Anne Phebe See also:Key, See also:sister of See also:Francis See also:Scott Key. He entered politics as a Federalist, and was a member of the Maryland See also:House of Delegates in 1799—80. His faith in Federalism was weakened by the party's opposition to the See also:War of 1812, and he gradually became associated with the Jacksonian wing of the Republican party. He served in the See also:state See also:Senate in 1816—21, was See also:attorney-See also:general of Maryland in 1827—31; and in See also:July 1831 entered See also:President See also:Jackson's See also:cabinet as attorney-general of the See also:United States. He was the President's See also:chief adviser in the attack on the United States See also:Bank, and was transferred to the See also:treasury See also:department in See also:September 1833 for the See also:special purpose of removing the See also:government deposits. This conduct brought him into conflict with the Senate, which passed a See also:vote of censure, and (in See also:June 1834) refused to confirm his See also:appointment as secretary of the treasury. He returned to his law practice in See also:Baltimore, but on the 28th of See also:December 1835 was nominated Chief-See also:Justice of the United States Supreme See also:Court to succeed See also:John See also:Marshall. After strong opposition the nomination was confirmed, on the 15th of March 1836, by the Senate. Under the guidance of See also:Judges John See also:Jay, Marshall, and See also:Joseph See also:Story, the judiciary from 1790 to 1835 had followed the Federalist loose construction methods of interpreting the constitution. The personnel of the supreme See also:bench was almost entirely changed during President Jackson's See also:administration (182q—37).

Five of the seven judges in 1837 were his appointees, and the See also:

majority of them were Southerners who had been educated under Democratic influences at a See also:time when the See also:slavery controversy was forcing the party to return to its See also:original strict construction views. In consequence, although the high judicial See also:character of the men appointed and the lawyers' regard for precedent served to keep the court in the path marked out by Marshall and Story, the state See also:sovereignty See also:influence was occasionally See also:manifest, as, for example, in the See also:opinion (written by Taney) in the Dred Scott See also:case (1857, 19 See also:Howard, 393) that See also:Congress had no See also:power to abolish slavery in territory acquired after the formation of the See also:national government. During the See also:Civil War, See also:Judge Taney struggled unsuccessfully to protect individual See also:liberty from the encroachments of the military authorities. In the case of ex parte John Merryman (1861, See also:Campbell's Reports, 646), he protested against the See also:assumption of power by the President to suspend the privileges of the See also:writ of habeas corpus or to confer that power upon a military officer without the authorization of Congress. The delivering of this opinion, on See also:circuit, in Baltimore, in May 1861, was one of the judge's last public acts. He died on the 12th of See also:October 1864. An authoritative See also:biography is See also:Samuel See also:Tyler's Memoir of Roger Brooke Taney (Baltimore, 1872).

End of Article: TANEY, ROGER BROOKE (1777—1864)

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