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ADDRESS 
 
 OF 
 
 Mr. S. TEACKLE WALLIS, 
 
 Chairman of the Committee, 
 
 with the reply of 
 His Excellency, Gtovernor Whyte, 
 
 Delivered in tlie Senate Ciiamber, at Annapolis, 
 At tlxe I^nueilin^ of the Statue of 
 
 Chief Justice Taney, 
 
 W^ocemh^r lOth, 1872. 
 
 BALTIMORE: 
 Published by John Murphy & Co. 
 
 182 Baltimore Street. 
 1872, 
 
ADDRESS 
 
 OF 
 
 J^ 
 
 Mr. S.'TEACKLE WALLIS, 
 
 Chairman of the Committee, 
 
 WITH THE REPLY OF 
 
 His Excellency, Gtovernor Whyte, 
 
 Delivered in the Senate Chamber, at Annapolis, 
 
 At the I^nueilinc) of the Statue of 
 
 Chief Justice Taney, 
 
 Bcc^mbier lOth, i$72. 
 
 
 BALTIMORE: J. ^ 
 Published by John Murphy & Co. 
 
 182 Baltimore Street. 
 1872. 
 
.0 
 
 
 'X' 
 
The ceremonies attendant upon the unveiling of the Statue 
 erected by the State of Maryland, in honor of the late Chief Jus- 
 tice Roger Brooke Taney, took place in the Senate Chamber, 
 at Annapolis, at noon of December 10th, 1872. The Report and 
 Address of the Committee were read by the chairman, Mr. S. T. 
 Wallis, who in their name made formal delivery of the Monument 
 to the Governor of the State. His Excellency, Governor Whyte, 
 responded briefly and, when he had concluded, the company i)ro- 
 ceeded to the grounds in front of the State House, where, upon 
 the order of the Governor, the statue was uncovered. 
 
 During the ceremony in the Chamber, the Governor occupied 
 the place of the President of the Senate, the Judges of the Court 
 of Appeals, with other prominent representatives of the Bench 
 and Bar of the State, being upon one side, and the Officers of the 
 Naval Academy, in full uniform, with Rear Admiral Worden at 
 their head, being seated on the other. His Excellency remained 
 standing during the delivery of Mr. Wallis' address. 
 
REPORT AND ADDRESS 
 
 OF THE 
 
 Chairman of the Committee. 
 
 Your Excellency : 
 
 By an Act of the General Assembly of Mary- 
 land, passed at the Session of 1867, the sum of 
 five thousand dollars was appropriated for " the 
 buildino; or erectino- a suitable monument over 
 the remains of the late Chief Justice Roger B. 
 Taney, on some suitable site in the State House 
 yard, or in the State House itself," and Messrs. 
 G. Frederick Maddox, of St. Mary's county, Chas. 
 E. Trail and Hugh McAleer, of Frederick county, 
 .James T. Earle, of Queen Anne's county, Henry 
 Williams, of Calvert county, and George M. Gill 
 and S. T. Wallis, of Baltimore city, were appointed 
 a committee to carry into effect the provisions of 
 the statute. Upon the organization of the com- 
 mittee, it was found to be their unanimous desire 
 that the execution of the proposed work should 
 be entrusted to the distinguished sculptor, Mr. 
 William H. Rinehart, a native and citizen of 
 Maryland, for many years a resident of Rome. 
 The amount appropriated being wholly insutfi- 
 cient, not only to compensate the labors of so 
 
6 
 
 eminent an artist, but even to meet the necessary 
 cost of a monument at all worthy of the State 
 and the occasion, the committee entertained seri- 
 ous doubts of their ability to discharge their 
 duties satisfactorily, without further legislative 
 provision. From this embarrassment they were 
 happily relieved by the liberality and public spirit 
 of the artist himself, who responded to their invi- 
 tation by a prompt and unconditional acceptance 
 of the commission. It is gratifying to the com- 
 mittee to make official acknowledirment of their 
 obligations to Mr. llinehart, for the cheerful readi- 
 ness with which he not only undertook the work, 
 but volunteered to be content with the honor of 
 the commission as it stood, and the pride and 
 pleasure of uniting with his fellow-citizens in 
 their tribute to tlie illustrious dead. The com- 
 mittee, of course, did not feel that it became them 
 so far to tax the generosit}^ of any individual 
 citizen, and particularly one to whom the State 
 alreadv owed so much, for the reflected honor of 
 his well-earned reputation. They, nevertheless, 
 requested Mr. Rinehart to prepare them such 
 design as seemed to him appro2:>riate, and the 
 model of the present statue was accordingly sent 
 forward, while the General Assembly of 1870 was 
 in session. The engagement of Mr. Rinehart and 
 the plan of his work were so acceptable to the 
 members of both Houses, that an additional appro- 
 
printion of ten thousand dollars was at once made 
 for the completion of the monument, according to 
 his design, and under the direction of tlie original 
 committee. It would be ungracious not to recog- 
 nize the liberal and most becoming spirit in which 
 this legislative action was taken, and its ^^erfect 
 accord with the deep and spontaneous feeling 
 which had welcomed the first appropriation. 
 
 The Legislature of 1867, as appears by the Act 
 of that date^ had contemplated the removal of the 
 remains of Chief Justice Taney to the Capital of 
 the State, and the erection of the monument above 
 them. The suggestion, in itself, was eminently 
 appropriate, for many reasons. It was here that, 
 as a student, he had laid the deep and broad 
 foundations of his professional learning and suc- 
 cess. In the chamber where we meet to-day, to 
 do him honor — and to whose historical associa- 
 tions this scene will add another, not the least — 
 he sate^ for years, a Senator of Maryland, the peer 
 of the distinguished men who sate around him, 
 when no legislative body in the Union surpassed 
 that Senate in dignity, ability, or moral eleva- 
 tion. In the Chamber there, above us, where the 
 honorable Judges, who join us in this tribute to 
 his memory, uphold the ancient credit of the 
 State's Appellate Bench, at the zenith of his 
 reputation as advocate and counsel and in the 
 very ripeness of his powers, he shone, the leader 
 
8 
 
 of the bar of Maryland, its actual not less than 
 its official head. And those were days too, when 
 to lead it was to walk in the footsteps of Pinkney 
 and be measured by the measure of his genius. 
 If, therefore, he had slept beneath this dome, or 
 in its shadow, it w^ould have been with the dwell- 
 ing-places of his fame about him, surrounded by 
 the olden and consecrated memories of the State, 
 which was but a revolted colony when he was 
 born. 
 
 But the wishes of the Chief Justice himself, 
 upon that subject, had been too strong and were 
 too sacred, to be violated by his children, even 
 for the gratification of the public desire. The 
 quiet town of Frederick, the theatre of his earlier 
 professional distinction, was hallowed to him by 
 the grave of his mother, and when he left it, in 
 mid life, for larger spheres of usefulness and 
 honor, he exacted the pledge, from those who 
 loved him, that he should be laid beside her 
 when he died. Nor was this the outbreak of 
 fresh grief or transient sentiment or feeling. — 
 Through all his life of toil and struggle, ambi- 
 tion, reward and disappointment, it was his dear- 
 est longing; and there is something inexpressibly 
 touching in the warmer and more anxious hope 
 with which the world-worn man clung fast to it, as 
 the period drew nearer for its consummation. 
 The literature of the Enc-lish tongue has nothins' 
 
9 
 
 that exceeds in mournful tenderness and grace 
 the expression which he gave to it, in a letter 
 written but a little while before the pledge of 
 friendship was redeemed. Such a feeling — so 
 devoted, and cherished for so long — it would 
 have been next to sacrilege to disregard, and the 
 Legislature of 1870 respected it accordingly, by 
 withdrawing from the appropriation of their pre- 
 decessors and their own all but the one condition, 
 which required the monument to be erected 
 where it stands. The final selection of that 
 locality, with its exposure, rendered it expedient 
 that the statue should be cast in bronze, and the 
 Legislature, therefore, so directed. 
 
 With the erection of the monument, the pre- 
 scribed duties of the committee which I have the 
 honor to represent were substantially ended, but 
 in view of the time which must elapse before 
 another session of the General Assembly, they 
 have deemed it due to the dignity of the occasion 
 respectfully to invite the official intervention of 
 your Excellency, in delivering the finished work 
 to the people of the State. It would have been 
 a pleasure to them, if they could have felt at 
 liberty to anticipate the wishes of the Legisla- 
 ture, or have ventured to ask that your Excel- 
 lency would gratify your own, by authorizing a 
 more formal celebration than this quiet homestead 
 gathering. 
 
10 
 
 As a few moments will disclose to us, the artist 
 has chosen to present us his illustrious subject in 
 his robes of office, as we saw him when he sate in 
 judgment. The stature is heroic, but, with that 
 exception, the traits of nature are not altered or 
 disguised. The weight of years that bent the 
 venerable form has not been lightened, and the 
 lines of care, and sutfering, and thought, are as 
 life traced them. But, unless the master's hand 
 has lost its cunning, we shall see not merely the 
 lineaments we knew, but traces of the soul which 
 illuminated and informed them. The figure has 
 been treated by the artist in the spirit of that 
 noble and absolute simplicity which is the type 
 of the highest order of greatness, and is therefore 
 its grandest, though its most difficult expression, 
 in art. The sculptor deals easily enough with 
 subjects which admit of ornament and illustra- 
 tion, or address the passions or the fancy. The 
 graces he can lend his work — the smiles with 
 which it wins us — the beautiful or joyous images 
 or thoughts with which he can surround it— each 
 is to us an open leaf of the fair poem which he 
 writes in bronze or marble. Like the chorus of 
 a drama, they tell, even for the worst of poets, far 
 more than half his story. Another task indeed 
 it is, to embody in a single image the expression 
 of a great historic life, so that standing severe and 
 apart, it shall be its own interpreter, forever, to the 
 generations of men. 
 
11 
 
 The pathway of a great judge does not lead 
 through the realms of fancy. Neither in reality 
 nor in retrospect is there much of the flush of 
 imagination upon it or about it. With such a 
 career Art cannot deal, nor History, as with those 
 brilliant lives, which dazzle while they last and 
 are seen only through a halo when they are over. 
 The warrior, the orator, the poet — each in his way 
 — is linked with the imagination or enthusiam of 
 mankind ; and so the broken sword, the unstrung 
 lyre, the shattered column with its cypress wreaths, 
 all have their voices for the common heart. But 
 the atmosphere of pure intellect and dispassionate 
 virtue, serene although it be, is far too cold for 
 ordinary sympathies to live in. The high minis- 
 ters of human justice are segregated from their 
 fellows, by their very function, which shuts out 
 favor and atiection. Fidelity to the oblio-ation 
 which withdraws them from the daily interests 
 and passions and almost from the converse of 
 society, is the patent of their nobility in their 
 great office. The loftier the nature, the more 
 complete its isolation, to the general eye — the 
 fewer the throbs which answer to its j^ulses. — 
 Such men may be cherished and beloved, in the 
 personal and near relations which are the dearest 
 blessing of all lives. They may be venerated and 
 revered, so that all heads shall be bowed and un- 
 covered when they pass. But they go, when life 
 
12 
 
 closes, into tlio cliainber of heroes, fated to dwell 
 afar off, only, in the memories and minds of men. 
 When the <:>Teat citizen whose imaa-e is beside 
 us walked, in his daily walk, amid om^ reverence, 
 the simple beauty of his private life was all before 
 us. We can recall his kindly smile, his open 
 hand, his gracious, gentle speech. The elders of 
 our generation will remember how his stormy 
 nature was subdued, by duty and religion, to the 
 temperance, humility and patience wdiich we knew. 
 All of us saw and wondered how domestic sorrows, 
 the toils and trials of his station, old age, infirmity 
 of body, ingratitude, injustice, persecution, still left 
 his intellect unclouded, his courage unsubdued, his 
 fortitude unshaken, his calm and lofty resignation 
 and endurance descending to no murmur nor re- 
 sentment. These things the sculptor is not called 
 to tell to those who shall come after us. The pen 
 of the biographer has worthily recorded them, and 
 just posterity will read what he has written. The 
 image of the Magistrate and Ruler^ as the world 
 was wont to see him, is all that the chisel be- 
 queaths to immortality — his image, as History 
 shall see it, when, ashamed of the passions of our 
 day, she shall be once more reconciled with Truth. 
 With this noblest of the tasks of Art, only genius 
 may deal fitly — yet genius has dealt with it, and 
 its difficulties, overcome, are the glory and the 
 triumph of genius. 
 
13 
 
 Thus, then, to-day, sir, the State of Maryland, 
 with grateful reverence and pride, commemorates 
 a life, than which few greater, and none loftier or 
 purer, shall dignify the annals of our country. It 
 was a life coeval with her own, and a part of her 
 own, and she honors what she knew. It was a 
 life of patriotism, of duty, and of sacrifice ; a life 
 whose aim and eftbrt, altogether, were to be, and 
 do, and bear, and not to seem. The monument 
 her people rear to it is scarcely less her monu- 
 ment than his to whom it rises. What changes 
 shall roll round it with the rolling seasons ; 
 whether it shall survive the free institutions of 
 which Taney was the worshipper and champion, 
 or shall see them m-ow in stabilitv, security and 
 splendor ; whether it shall witness the develop- 
 ment and beneficent expansion of the constitu- 
 tional system which it was the labor of his life 
 and love to understand and to administer, or 
 shall behold it, 
 
 " Like ti circle in the water. 
 Which never ceaseth to enhu-ge itself, 
 Till, hy hroad spreadint;;, it disperse t<) naught " — 
 
 are questions which men will answer to them- 
 selves, according to their hopes or fears — accord- 
 ino' to their trust, it mav be, in the Mercv and 
 Providence of God. But Maryland has done her 
 part for good, in this at least, that she has made 
 imperishable record, for posterity, of the great 
 
14 
 
 example of lier son. She has buikled as it were 
 a shrine to those high civic qualities and public 
 virtues, without which, in their rulers, republics 
 are a sham, and freedom cannot long abide among 
 a i^eople. 
 
 It was, I was about to say, the sad mischance — 
 but, in a higher though more painful sense, the 
 privilege and fortune — of Chief Justice Taney, to 
 till his place in times of revolution and unparal- 
 leled convulsion — when blood boiled in the veins 
 of brethren, till it was red upon a million hands. 
 In such a crisis, no man so conspicuous as he, and 
 yet so bound to shun the rancor of the strife, could 
 hope for freedom from distrust and challenge. A 
 soul, brave and tenacious as his was — so sensitive 
 to duty, and so resolute to do it — provoked injus- 
 tice not to be appeased, and dared reproaches 
 which he might not answer. His constitutional 
 opinions were already part of the recorded juris- 
 prudence of the country, and he could not change 
 them, because the tempest w^as howling. It was 
 the conviction of his life that the Government 
 under which we lived was of limited powers, and 
 that its Constitution had been framed for war as 
 well as peace. Though he died, therefore, he 
 could not surrender that conviction at the call 
 of the trumpet. He had plighted his troth to 
 the Liberty of the Citizen and the Supremacy of 
 the Laws, and no man could put them asunder. 
 
15 
 
 Whatever might be the riglit of the people to 
 change their Crovernmeiit, or overthrow it, he 
 believed that the duty of the judges was simply 
 to maintain the Constitution, while it lasted, and, 
 if need Avere, defend it to the death. He knew 
 himself its minister and servant only — ^not its 
 master — commissioned to obey and not to alter. 
 He stood, therefore, in the very rush of the tor- 
 rent, and, as he was immovable, it swept over 
 him. He had lived a life so stainless, that to 
 question his integrity was enough to beggar the 
 resources of falsehood and make even shameless- 
 ness ashamed. He had given lustre and autho- 
 rity, by his wisdom and learning, to the judgments 
 of the vSupreme Tribunal, and had presided over 
 its deliberations with a dignity, impartiality and 
 courtesy which elevated even the administration of 
 justice. Every year of his labors had increased 
 the respect and affection of his brethren and 
 heightened the confidence and admiration of the 
 profession which looked up to him as worthily 
 its chief. And vet he died, traduced and ostra- 
 cised, and his image was withheld from its place 
 in the chamber which was filled already with his 
 fame. 
 
 Against all this, the State of Maryland here 
 registers her protest in the living bronze. She 
 records it in no spirit of resentment or even of 
 contention, but silently and proudly — as her ill us- 
 
16 
 
 trioiis son, without a word, committed his reputa- 
 tion to the justice of his countrymen. Nor doubts 
 she of the answer that posterity will make to her 
 appeal. Already the grateful manhood of the 
 people has begun to vindicate itself and him. 
 Already, among those whose passion did him 
 wTong, the voices of the most eminent and 
 worthy have been lifted, in confession of their 
 own injustice and in manly homage to his great- 
 ness and his virtues. Already the waters of the 
 torrent have nearly spent their force, and high 
 above them, as they fall, unstained by their pol- 
 lution and unshaken by their rage, stands where 
 it stood, in grand and reverend simplicity, the 
 auo-ust fio-ure of the 2,reat Ohief Justice ! 
 
GOVERNOR WllYTE'S REPLY. 
 
 Governor Wliyte proceeded to reply from liis 
 place. He said: 
 
 Accustomed, almost from the cradle, to revere 
 the name of Taney as the synonym of all that 
 IS just and good, I dare not now give utterance 
 to my private feelings, but must needs confine 
 myself to the cold formality of official duty.— 
 Maryland had already reared a stately column 
 to him who was "first in war, first in peace, and 
 first in the hearts of his countrymen," and it was 
 the duty, as it has been the pleasure of the State, 
 to hand down to posterity, as in this memorial of 
 molten bronze, an enduring tribute of affection 
 and regard for her own illustrious son, upon 
 whose shoulders the judicial ermine lay, stain- 
 less as the virgin snow. 
 
 In accepting your report and taking the statue 
 into the permanent custody of the State, I should 
 be remiss in duty, as its representative, did I not 
 thank you for your willing and faithful discharge 
 of the obligation laid upon you, and I congratulate 
 the State that your voluntary choice of the artist 
 to execute the legislative resolve, has fallen upon 
 one of her own honored children. In his presence 
 and in advance of the exposition of his finished 
 work, delicacy forbids my further comment. 
 
18 
 
 There must be^ I think, general concurrence of 
 sentiment that this is not the appropriate occasion 
 for an extended eulogy upon the life and character 
 of the late Chief Justice, (if, indeed, a life of "apos- 
 tolic simplicity" be not its own best eulogist,) but 
 it will be my privilege, in response to an apparent 
 popular demand, to make suggestions to the Gen- 
 eral Assembly that a proper moment and an apt 
 orator be selected to do justice to his preeminent 
 judicial services and to commemorate his private 
 virtues in the presence of the two Houses, in each 
 of which, at times during his long and useful life, 
 he was a distinguished actor, and much of whose 
 legislation bears the impress of his master hand. 
 

 
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