Roger B. Taney

“ In relation to the exception stated in the record, the court think it proper to say, that it contains a great deal of argument which is altogether out of place in an exception, and contrary to the directions of this court as given in the 38th rule. And it would appear, from the copy of the charge produced in support of this motion, that while much of the argument of the Circuit Court has been improperly inserted, the matter of law which the argument was intended to prove, and upon which the jury were instructed, is omitted. ”

“ The whole charge, under the promise of the judge, ought to be a part of the record.
2. The omitted parts in the printed record are the essence and substance of the case, admitted by the judge to be such, and specifically excepted to at the moment.
3. The whole difficulty arises from a mere inadvertence of a clerk.
4. Extreme injustice will be done, if the clerical omission be not corrected. ”

“ The counsel for the defendant in error would probably learn with some surprise, that this application has been refused. In the paper book which that counsel has caused to be printed, page 3, third paragraph, the 7th section of the act of 1839 is quoted, and supported by points and references. ”