"Tut! tut!" says the clergyman, "a sword, Rachel,-in my study?" "To be sure! why not?" says Rachel. "And if you like, I will hang my picture, with the doves and the olive-branch, above it; and there shall be a shelf for hyacinths in the window." Thus she ran on in her pretty housewifely manner, cooing like the doves she talked of, plotting the arrangement of the parlor opposite, of the long dining-room stretching athwart the house in the rear, and of the kitchen under a roof of its own, still farther back, he all the while giving grave assent, as if he listened to her contrivance: he was only listening to the music of a sweet voice that somehow charmed his ear, and thanking God in his heart that such music was bestowed upon a sinful world, and praying that he might never listen too fondly. Behind the house were yard, garden, orchard, and this last drooping away to a meadow. Over all these the pair of light feet pattered beside the master. "Here shall be lilies," she said; "there, a great bunch of mother's peonies; and by the gate, hollyhocks"; - he, by this time, plotting a sermon upon the vanities of the world. Yet in due time it came to pass that even the parsonage was all arranged according to the fancies of its mistress, to the Major's sword and the twin doves. Esther, a stout middle-aged dame, and stanch Congregationalist, recommended by the good women of the parish, is installed in the kitchen as maid-of-allwork. As gardener, groom, (a sedate pony and square-topped chaise forming part of the establishment,) factotum, in short, there is the frowzy-headed man Larkin, who has his quarters in an airy loft above the kitchen. The brass knocker is scoured to its brightest. The parish is neighborly. Dame Tourtelot is impressive in her proffers of advice. The Tew partners, Elderkin, Meacham, and all the rest, meet the new housekeepers open-handed. Before mid-winter, the smoke of this new home was piling lazily into the sky above the tree-tops of Ashfield,— a home, as we shall find by and by, of much trial and much cheer. Twenty years after, and the master of it was master of it still, strong, seemingly, as ever; the brass knocker shining on the door; the sword and the doves in place. But the pattering feet, - the voice that made music, the tender, wifely plotting, the cheery sunshine that smote upon her as she talked, — alas for us! "All is Vanity!" A ROGER BROOKE TANEY. LITTLE more than two centuries ago, Thomas Hobbes of Malmesbury published his great treatise on government, under the title of "Leviathan; or, the Matter, Form, and Power of the Commonwealth, Ecclesiastical and Civil,” — in which he denied that man is born a social being, that government has any natural foundation, and, in a word, all of what men now agree to be the first principles, and receive as axioms, of social and civil science; and - declared that man is a beast of prey, a wolf, whose natural state is war, and that government is only a contrivance of men for their own gain, a strong chain thrown over the citizen, - organized, despotic, unprincipled power. To this faithless and impious work, which at least did good by shocking the world and rallying many of the best minds to develop and defend the true principles of society and the state, he put a fit frontispiece, a picture of the vast form of Leviathan, the Sovereign State, the Mortal God,—a gigantic figure, like that of Giant Despair or the horrid shapes we have sometimes seen pictured as brooding over the Valley of the Shadow of Death, - a Titanic form, whose crowned head and mailed body fill the background and rise above the distant hills and mountain-peaks in the broad landscape which is spread out below, with fields, rivers, harbors, cities, castles, churches, towns and villages, and ships upon the seas and in the ports. Its body and limbs are made up of countless human figures, of every class, all bending reverently toward the sovereign head. Its arms stretch forward to the foreground. In one hand it holds a magnificent crosier, in the other a mighty sword, which reach across and cover the whole. It is surrounded with emblems of power, of which it is the life and embodiment. In the front is a fortified city, with its streets and gate, its cathedral rising high above all other structures, surmounted by the cross, the flag flying from the forts, the sentinel on the ramparts. Its fortresses seem to defy and command the whole empire over which Leviathan predominates. To show more fully how all-pervading and resistless is the power of this monster made of mortal men, and the means and extent of its control in Church and State, to impress the senses, the emblems of its spheres and its instruments are depicted below. First is a castle on a rocky height, with the smoke rolling from its battlements, from which a cannon has just been fired; opposite, a church, with a figure holding the cross above its roof of faith; here a coronet, opposite a mitre; here is a cannon, to thunder in civil war; opposite are the mythic thunderbolts for the fulminations of the Church; below are arms, drums, banners and flags, helmet and halberd, spear and sword and matchlock; opposite appears a front, between the devilish horns of which, marked "dilemma," is formed a sort of trophy, made up of a trident spear, labelled "syllogism," and bifurcated weapons, named "real and intention al," "spiritual and temporal," and one beyond whose long straight point, labelled "direct," there is another sharp, keen one, curving round and covering it, labelled "indirect"; last is the battle-field, with armies rushing together in deadly charge, their flags flying above the long lines whose sloping spears bristle above the clouds of smoke and dust, the cavalry and foot engaged with sabres and pistols, men and horses fallen, the victors, the wounded, the dying, and the dead,—the dread arbitrament of war; opposite, the judges ranged in formal order, with their caps and black robes, -a Rhadamanthine tribunal. Seeing such a summary and embodiment of his idea, a man will shudder the more he ponders on such a conception of the state as such a monstrous idol, which men have fashioned out of their own bodies and invested with the attributes of superhuman power, and worshipped as the creator of Justice and Law, Peace and Order, Truth and Religion, and served and obeyed as their Tyrant and King. The American state, - which, as Franklin said, "first set forth religious truth as the basis of government," formed by the people, who, calling on all mankind to witness their solemn appeal to the Supreme Judge of the world, "pledged themselves," as Adams said, "to extinguish Slavery as soon as practicable,”the state formed to establish justice, the state for which the founders reverently adopted as the true emblem the Goddess of Liberty, — had, at the time when Slavery, the patricide, waged this war to finish the revolution already almost complete, so essentially changed, that it bore a striking resemblance to that dreadful picture of the giant form of the Leviathan. Populus Romanus repente factus est alius. -- It will be difficult to decide which branch of our government was most efficient in producing this change; as it will be difficult for one who considers the principle, or want of principle, on which this Juggernaut was constructed, to decide which would be the more horrible, a decision by battle or by the robed ministers of evil. But as the Leviathan, Slavery, the Mortal God, the incarnation of Evil,-is growing more and more shadowy, and men again behold the heavenly Guardian of their State, Americans feel, and the world agrees, that war, though it reaches other classes and in different form, is really attended with less horror and woe at the time than several judicial decisions have occasioned; and that the lasting results of battles are incalculably more insignificant than the judgments of courts may be. His vacancy on the Supreme Bench. opinions on those questions were well known, and the consideration of his nomination indefinitely postponed. But some time after the death of Chief Justice Marshall, which occurred on the 6th of July, 1835, Taney was nominated as his successor, and in 1836, the political complexion of the Senate having in the mean time changed, was confirmed by party influence, and took his seat at the head of the Judiciary in January, 1837. He was essentially a partisan judge, as much so as were the judges of King Charles, who decided for the ship-money in accordance with their previously announced opinions. The President wrote him a letter in which he thanked him for abandoning the duties of his profession and promptly aiding him by removing the deposits; and Webster declared he was the pliant tool of the Executive. The Massachusetts, Kentucky, and New York cases in the very first volume of the Reports showed that, if not swift to do the work for which he had been selected, he did not hesitate to embody his political principles in judicial decisions. But we do not intend to examine these, or to review the long series of decisions, extending over more than a quarter of a century, and through more than thirty volumes, on the common or even the grander questions discussed in that tribunal, which will all, or nearly all, be unknown, save to the profession, and will have but little in Roger Brooke Taney was, when nearly sixty years old, placed at the head of the Judiciary, at a critical time in American affairs. The Slave Power, so successful in extending its dominion, and already the controlling influence in the government, was pressing its unholy and arrogant demands openly and without shame. It had destroyed civil liberty in the Slave States, and was fast destroying it in the Free. It was stifling the right of petition in Congress, and smothering free speech in the States. The Executive was recommending that the mails should be sifted for its safety. The question of the right of Slavery in the Territories and the Free States was taking form, and the slave-catchers claimed to hunt their prey through the Northern States, without regard to the rights of freemen or the law of the land. Taney had long been known as an astute and skilful lawyer, a man of ability and learning in his profession-fluence on the welfare of the country and as ability and learning are commonly gauged. He had been Attorney-General of Maryland, and in 1831 had been appointed Attorney-General of the United States. He was an ardent partisan supporter of the administration; and in 1833, when Duane refused to remove the deposits, he was appointed to the Treasury as a willing servant, and did not hesitate to do what was expectedof him. In 1835, while the country was deeply agitated by questions concerning the rights of States and the powers of the government, he was nominated to a the course of history. We would consider only the more important of those decisions touching Slavery, the cause of this Revolution, which have already shaped the course of events, and become the record of his character as a jurist, a patriot, and a man. His private opinions about Slavery are not matter of comment or inquiry. There are two official opinions given by him while Attorney-General in 1831 which relate to the matter. In one of these he had to consider whether the United States would protect the right of a slave - master over his slave, em ployed as a seaman on a ship trading to one of the States, in which he expressed the opinion that the United States could not, by treaty, control the several States in the exercise of their power of declaring a slave free on being brought within their limits. In the other, he held that a person removing his slaves with him to Texas, merely for a temporary sojourn, and with the intention of returning again in a short time to the United States, might safely bring his slaves back with him. But he then declared, that if the owner had placed his slaves in Texas as their domicile, he would be liable to prosecution, under the act of Congress, if he should bring them back into the United States. In 1837, the very year Taney took his seat on the Supreme Bench, he gave the opinion of the Court in the cases of the Garonne and the Fortune, two vessels libelled, under the act of 1818, for bringing as slaves into New Orleans persons who had, in 1831 and 1835, been carried to France and some of them manumitted there. The judge then said that, "assuming that by French law they were entitled to freedom, there is nothing in this act to prevent their mistress bringing them back and holding them as before." He seems to have considered it immaterial, or to have been ignorant, that, in accordance with the maxim, "Once free, forever free," declared in the courts of his own State of Maryland, the courts of Louisiana held, as did those of Kentucky and other States also, that, "haying been for one moment in France, it was not in the power of her former owner to reduce her again to slavery," and to have forgotten the doctrines of one of his own opinions. Slavery, when he came upon the bench, began to look to the Supreme Court as its surest defence. The Prigg case, as it is called, or, as lawyers call it, Prigg vs. The Commonwealth of Pennsylvania, was an amicable suit; the parties in interest being the States of Maryland and Pennsylvania, which were represented by the ablest counsel, who came into court, as Johnson, Attorney-General of Pennsylvania, said, "to terminate disputes and contentions which were arising, and had for years arisen, along the border line between them, on the subject of the escape and delivering up of fugitive slaves." The counsel regarded themselves, as he said, as engaged in "the work of peace," and "of patriotism also." Edward Prigg and others were indicted in Pennsylvania for kidnapping a negro woman on the 1st of April, 1837. The cause came to trial before the York Quarter Sessions, May 22, 1839; and the counsel agreed that a special verdict should be taken and judgment rendered, and thereupon the case carried up, so as to present the questions of law arising, under the Pennsylvania Emancipation Act of 1780, upon the United States act of 1793 touching fugitives from labor, and the statute of Pennsylvania passed in 1826, which provided for the seizure and surrender of fugitive slaves and for the punishment of kidnapping. The case was made up and presented in that spirit of compromise which has been the bane and delusion of America, (as if there could be any compromise of justice,)— the counsel for Pennsylvania claiming that their statute was auxiliary to that of the United States, really beneficial to Slavery, and that they advocated the true interests of the South as well as of the Union and the North, in order to have the Judiciary authoritatively settle the vital question of the rights of the master in the seizure, and of the States in the rendition, of fugitive slaves. The Court decided, fully, that the master had a right to seize his fugitive slave wherever he could find him, and take him back without process; that the law of 1793 was constitutional; and that the United States had the exclusive power of legislation on that matter. But this did not satisfy Chief Justice Taney. He agreed that the master had the right of seizure. He declared that this right was the law of each State, and that no State had power to abrogate or alter it, and foreshadowed the idea that the Constitution carried Slavery over all the Territories and States. But he dissented from the Court when they held the Pennsylvania act to be invalid. And without relying on any principle, without any discussion of, or the slightest allusion to, any authorities or the great fundamental questions involved in that issue, he coolly depict ed the inconveniences the slave-catcher might be subject to in States where there was but one District Judge, and how essentially he would be aided by the State legislation; and pointed out to his brethren those "consequences" which they did “not contemplate," and to which they "did not suppose the opinion they had given would lead." And he said that, where the States had such statutes, "it had not heretofore been supposed necessary, in order to justify those laws, to refer them to the questionable powers of internal and local police. They were believed to stand upon surer and safer grounds, to secure the delivery of the fugitive slave to his lawful owner." Counsel said, "The long, impatient struggle on that question was nearly over. The decision of this Court would put it at rest." It was not so. This decision was made in 1843. But from that time the strife over that question was more violent than ever. The Slave Power took this decision as a new concession and guaranty. It certainly affirmed the right of the master to exercise his absolute power, in the most offensive form, to be beyond control of all legislation whatever, State or National. The Court doubtless meant, as the States and the counsel did, by giving to Congress the exclusive power of legislation on the surrender of fugitives from labor, to settle this question in such form as to satisfy the Slave Power. If the opinion of Mr. Webster be worth anything, they forgot the maxim, "Judicis est jus dicere, non dare." Most surely Taney ignored his State-Rights doctrines when, looking far on for the interests of Slavery and the convenience of slave hunters, he held the United States authorized to legislate on the matter; and, disguising the poison un der the phrase, "the Constitution and every clause of it is part of the law of every State of the land," he put forth the dogma that the rendition clause merely provided for the rights of citizens, "put them under protection of the General Government," and made "the rights of the master the law of each State." He was declaring a rule of government, not a rule of law, and creating a theory for the defence of property in man. In 1850 he went a step farther. A Kentucky slave-owner had been in the habit of letting some of his slaves go into Ohio to sing as minstrels. He filed a bill against a steamboat and her captain to recover the value of those slaves, who, after their return, had been carried across the river and escaped. It must be remembered that they had not first escaped, but had been carried to Ohio. But here, again, without recurring to any of the principles presented and fairly involved in such an issue, again looking far on to consequences in the interest of Slavery, again ignoring, not only the first principles of jurisprudence and the declared ends of the Constitution, but even his own political State-Rights doctrine, (for if these men had not escaped, why could not Ohio free them?) he declared a doctrine pregnant with mischief, - that each State had the absolute right to decide the status of all persons within its limits. This, too, has gone with war. But his intent is none the less clear. The theory was obviously stated with a far-reaching view to remote consequences. And it must be considered in connection with the fact that, in lieu of the old rule which had been recognized by the Slave States, that a slave, by being carried to a Free State or domiciled for a day in a foreign country by whose law he was enfranchised, was liberated forever,— once free, free forever and everywhere, the Slave Power was beginning to assert a new rule for reënslavement by recapture and on return. But the Slave Power, having controlled the executive and directed the legislative branch of the government, again |