EXECUTIVE SUMMARY MAYOR AND BOARD OF ALDERMEN. Agenda Item: Approval of a Resolution to Relocate the Roger Brooke Taney Bust

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1 XI.11 EXECUTIVE SUMMARY MAYOR AND BOARD OF ALDERMEN Submitted By: Alderwoman Donna Kuzemchak Date: 10/1/2015 Meeting Dates Workshop: 8/12/2015 Business Meeting: Public Meeting: 10/15/2015 Agenda Item: Approval of a Resolution to Relocate the Roger Brooke Taney Bust Background Information: Roger Brooke Taney was born in Calvert County, Maryland to a wealthy slave owning family. He studied law in Annapolis and was elected to the Maryland House of Delegates before settling in Frederick in Taney lived in Frederick for 23 years during which he was elected to the Maryland State Senate. In 1824 he moved his practice to Baltimore and was later named Attorney General of Maryland and of the United States, appointed by Andrew jackson. While Attorney General, Taney averred that the "African race... even when free are everywhere a degraded class, and exercise no political influence. The privileges they are allowed to enjoy, are accorded to them as a matter of kindness and benevolence rather than right". jackson also appointed Roger Brooke Taney as Secretary of the Treasury in In 1836, 13 years after leaving Frederick, Taney became the 5 th Chief justice of the U.S. Supreme Court. Taney is best known for writing the opinion of the Supreme Court in the case of Dred Scott v. Sanford, holding that African Americas were not United States citizens and had no right to sue, stating that slaves "have no rights which any white man is bound to respect" and also declaring unconstitutional the provisions of the Missouri Compromise Act prohibiting the holding and ownership of slaves in certain territories of the United States. The Dred Scott decision is generally considered one of the most reviled Supreme Court decisions in history. It represented a defense of the most extreme pro-slavery position in the United States, and moved the country to the brink of Civil War. Sculptor joseph W. Urner cast the bronze bust of Taney as a memorial to him in 1931 and it was installed in front of the Frederick County Courthouse. In 1986, The City of Frederick acquired the property for use as City Hall and thus the Taney bust which was conveyed with the property. The City of Frederick did not expressly decide to install or maintain the bust in the City Hall courtyard. In 1997, Alderman Fran Baker planned on removing the bust should she be elected Mayor. It was an item of much discussion at the time, but didn't gain traction until 2008 when a

2 group of people got together to advocate for removal of the Taney bust. In response, the City placed a plaque next to the bust, which explained the Dred Scott decision and provided historical context so as to educate residents and visitors. The Mayor and Board of Aldermen strive to remain sensitive to the City's history and to preserve it to the greatest extent possible, but the pl'ominent location of City Hall attracts residents and visitors from all over the country and world who frequent the grounds for public gatherings and activities. It is time for the plaque, a well-intentioned compromise to be removed entirely and relocated. Committee Recommendations if Applicable: Fiscal Impact: Per an estimate obtained from Lough Memorial, the cost of removing and reinstalling the bust and accompanying plaque in a new location totals $2,000-$4,000. The estimate does not include the concrete base which will be destroyed during the removal. Replacement of the base will equal an additional $1,000+. Total cost for removal and relocation is approximately $5,000. Recommendation: Relocation of the Taney bust to a more suitable location such as a museum or other venue. Supporting Documentation: Resolution Director: Date: Concurrence Needed: Initials Date o Finance/Budget: 0 o Purchasing: 0 o Public Works: 0 O 0 o Engineering: o Legal: IO/J /IS- o Police: 0 o Planning: 0 o Human Resources: 0 o Other: 0

3 A RESOLUTION concerning THE CITY OF FREDERICK MAYOR AND BOARD OF ALDERMEN RESOLUTION NO: Relocation of the Justice Roger Brooke Taney Bust WHEREAS, Roger Brooke Taney (March 17, October 12, 1864) was born in Calvert County, Maryland and practiced law in The City of Frederick from 1801 to 1823; and WHEREAS, Taney served as a member of the Maryland State Legislature, as Attorney General of Maryland and of the United States, and as the U.S. Secretary of the Treasury; and WHEREAS, in 1832, as U.S. Attorney General, Taney opined that the"... Afi'ican race in the United States, even when free, are everywhere a degraded class, and exercise no political influence. The privileges they are allowed to enjoy, are accorded to them as a matter of kindness and benevolence rather than right"; and WHEREAS, in 1836 Taney was appointed as the fifth Chief Justice of the United States Supreme Court; and WHEREAS, in 1857, Chief Justice Taney authored the opinion of the Supreme Court in the case of Dred Scott v. Sanford, holding that African Americans were not United States citizens and had no right to sue, and that they"... had no rights which any white man is bound to respect", and WHEREAS, the Dred Scott decision as written by Justice Taney represented a defense of the pro-slavery position that existed in pre-civil War United States; and also declared unconstitutional the provisions of the Missouri Compromise Act prohibiting the holding and ownership of slaves in celtain territories of the United States; WHEREAS, in 1864, the third building that was to house the Frederick County COUlthouse located at 101 N. Court Street was completed and occupied by the courts; and WHEREAS, in 1931, Frederick resident Joseph W. Urner, sculptor of the bust of Governor Thomas Johnson (1926) located in front of City Hall, and architect of the C. Burr Altz Library (1936) on Record Street, was commissioned to create a bust of Taney, which was subsequently cast at the foundry of the J. Althur Limerick Company of Baltimore and installed in front ofthe Courthouse; and WHEREAS, in 1981, the Frederick County courts vacated the building at 101 N. Court Street and relocated to 100 W. Patrick Street in downtown Frederick, and

4 WHEREAS, in 1986, The City of Frederick then acquired the property for renovation and adaptive reuse as City Hall; the Taney and Johnson busts, as well as the fountain were conveyed with the property; and WHEREAS, in 2009, following appeals for the removal of the Taney bust, The City of Frederick collaborated with commlmity members to create a supplemental plaque which provided historical context to inform and educate viewers about the Dred Scott decision, and this plaque was subsequently installed next to the bust; and WHEREAS, City Hall is the seat of our City's government, located in the heart of historic downtown Frederick; a public building that is visited by people from all over the State, nation, and the world; and WHEREAS, the City Hall couliyard and grounds comprise a public park called City Hall Park, which is available and open for public gatherings and recreational activities; and WHEREAS, The City of Frederick supports and values diversity, opportunity, and equality for all; and WHEREAS, The City of Frederick is a vibrant hub of mis, culture, COllllllerce, and goverlllllent, and is a city rich in history, culture, and heritage; and WHEREAS, the Mayor and Board of Aldermen strive to remain sensitive to all aspects ofthe City's history and are committed to preserving it to the greatest extent possible; and WHEREAS, the bust is a significant piece of public art created by a Frederick resident, holds local significance as a result of that relationship, and should be preserved as an integral part of our cultural history; and WHEREAS, Roger Brook Taney was a prominent jurist in the history of our nation and his bust was placed when the building was being used as the COUlihouse; and WHEREAS, Frederick's City Hall is no longer a place of judgement as a court but is the seat of a municipal govenllllent that must support ALL human rights. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF FREDERICK that the bust of Roger Brooke Taney would be more suitably located in a museum, gallery, educational institution, or other venue that gives the viewer the opportunity to appreciate the sculpture and its subject as a matter of choice, not by virtue of its presence on public lands; and BE IT FURTHER RESOLVED that the 2009 Dred Scott Decision plaque, created as a companion piece to the bust, would also be more suitably located at such a venue; and BE IT FURTHER RESOLVED that the Roger Brooke Taney bust and the 2009 Dred Scott Decision plaque be removed from City Hall Park.

5 ADOPTED AND APPROVED THIS DAY OF, WITNESS APPROVED FOR LEGAL SUFFICIENCY: Randy McClement, Mayor City Attorney