Mr. Trumbull moved to take up the bill to provide a marble bust of the late Chief Justice Taney for the Supreme Court room. Mr. Sumner hoped not. An emancipated country ought not to make a bust of the author of the Dred Scott decision.

Mr. Trumbull said the fame of Chief Justice Taney was not to be hooted down by a phrase. He had been the Chief Justice for a quarter of a century, and was an able and learned jurist. Mr. Summer said the name of Taney will be hooted down the page of history, and an emancipated country will fasten upon him the stigma it deserves—a disgrace to the judiciary of the country and the age.

Mr. Johnson said he could not hear such remarks applied to the late eminent jurist without entering his protest against it. The Senator from Massachusetts should remember that Justice Taney was not alone in that decision – that a majority of the court concurred in it. The judgments generally made by Chief Justice Taney were quoted as authority everywhere; but the gentleman from Massachusetts thinks it his duty to make this attack upon the virtuous dead, because he delivered an opinion which did not agree with the views of that gentleman. Chief Justice Taney might have made an erroneous decision, as he was not infallible, but generally his opinions was concurred in by the procession.

Mr. Johnson spoke of the high private and personal character of the late Chief Justice. The resolution was taken up, and after some remarks against it, Mr. Sumner moved to amend by striking out the name of Roger B. Taney, and inserting that of Joshua R. Giddings.

Mr. Trumbull said it was customary to place busts of the chief justices in the Supreme court-room, but he did not see the propriety of inserting the name of Joshua R. Giddings, chief justice of the United States, in the resolution.

Judge Taney might have erred in the Dred Scott decision, but he had great ability as a lawyer, and high personal character as a man.

Mr. Sumner then withdrew his amendment.

Mr. Hale was opposed to the resolution, because the name of Judge Taney would always be associated with Dred Scott, and that of Dred Scott with Judge Taney. Believing this he would not vote for the appropriation of money to perpetuate the Dred Scott decision. The most that could be asked of the anti-slavery men of the present day was that they be permitted to let the memory of Justice Taney rest.

Mr. Wilson said he had not heart to follow any man to the grave, but he felt it his duty to vote against this resolution, and it seemed to him that the millions of this country who were horrified by the Dred Scott decision would be surprised to see the Senate of the United States voting honors to the author of that decision. The nation was horrified eight years ago, when that decision was pronounced, and since that time the Dred Scott decision has been the scorn of the country. – The name of its author was unworthy a tribute of respect.

Mr. Wade said it was useless to talk of the legal ability and acumen of Justice Taney.–It would be better for his memory if he could be made out a fool. The higher the character for ability that was made out for him, the worse for his memory. The Dred Scott decision was merely a political decision tor political purposes.

Mr. Carlisle said that in voting to embody the features of Taney in marble, the Senate was not doing honor to his memory, but to itself. He did not consider it necessary that he should approve every decision that Judge Taney had ever delivered, to be enabled to vote for this resolution. In rendering the Dred Scott decision, he did not suppose Judge Taney was guided by what might be his private views of the institution of slavery, but simply by what he conceived to be the law under the Constitution.

Mr. Sumner rose to reply to Mr. Johnson’s previous remarks, saying that the latter evidently felt he had a bad cause, and therefore had become personal, and raised his voice loud in the discussion,

When, the hour of half past 4 having arrived, the Senate took a recess till 7 P.M.

EVENING SESSION.

Mr. Trumbull called up the bill from the House to repeal so much of the confiscation act as limits confiscation of real estate to the life of the offender, which on motion of Mr. Hendricks, was referred to the to the judiciary committee.

The bill to incorporate the Capital Hotel Company was taken up and passed.

The joint resolution for the publication of a full army register, of regular and volunteer officers, was passed.

The bill to increase the efficiency of the medical corps of the army, giving medical directors of armies composed of more than two army corps, the rank of colonels of Cavalry, was passed – yeas 23, nays 3.

The House bill to increase the efficiency of the subsistence department was passed.

The consideration. the resolution for procuring a marble bust of the late Chief Justice Taney was resumed, and after unimportant debate, the Senate adjourned.