Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1865-05-15

the adoption Of the new constitution Of that
state
Mr., johnson replied il is difficult % speak 10
that Objection 10 speak a. | feel. having that
opinion before me. Ii has been my pride 10 stand
by the government from the beginning 70 the
present moment ard take every obligation which
the government thought necessary 20 impose. and
do my duty 10 every department OF public service
a veil in my Individual character.
II such obligation was made in the senate OF
the United States. where | am known, | iorbear
TO say how il would De trested. because know
the terms in which Il would be derided. ! have
lived too long and rendered my country such ser
vices my abilities enabled me, and-the votes
OF the people in whose midst | am living Tor me
TO tolerate for moment, come from whom u
may such aspersion my moral character.
am glad that il is made now; but, repeat. there
is not one word of truth in the construction which
has been given 20 the opinion already referred TO-
| recOllect substantially what il Is A call was
made to form new conyeutiou under the au-
thority of an act Of the l1gislature Of Maryland
the legal voters of ibU con veutiou; though
they were authorized themselves to impose. not
only on authority what was not imposed by ex
listing laws. but they had a right to admit 10
vote those who are prohibited from voting by
such laws, and said 10 the company with the
whole bar throughout the union. and would have
said to that extent, they had usurped authority
under which alone they were authorized TO meet
and that far their proceedings were nullity,
They had prescribed the oath and all opinions
said, or was intended to say, was that 10 take
that oath voluntarily was no craven submission
10 usurped authority, but was necessary to en-
able citizens TO protect their rights under their
constitution, ard there was no harm in taking
ha fb vhf ho IN haH M ftp
to impose.
| make this as 10 reflection upon any member
of this court am here at the instance of that
lady [pointing to Mrs. Surratt, whom never
saw nor heard of until yesteriay, she being a
Maryland lady protesting her innocence to me
am also here because | deem il right aud due
to the character of the profession TO which be
long. aud which is not inferior to that OF which
you members, that she should not go unde-
Tended am here voluntarily. without com
pensation. the law prohibits me from receiving
compensation; but if it had not, understanding
her condition, ! should never have dreamed OF
refusing upon the ground of her inability to make
compensation. am voluntarily to do what the
evidence will Justify me in doing for this lady who
IS now being tried for her life. NV detestation
of one concerned in this infamous plot, carried
out with such fendish motive, is great as any
member of this court | am not here to protec,
any one after the evidence is heard and they are
proved to be guilty, not even her. VIII not the
honorable member Of the court who has thought
it proper believed il TO be his duty to make thi:
objection or the president who said il the gentle
men had not made il he should have done so, un-
derstsnd that / I'm not pleading here foe ANYTHING
personal to myself stand too firmly settled il
my own conviction Of honor aud in my sense OF
duty. public and private to be alarmed at all Al
any individual opinion that may be expressed
here.
| ask the court to decide, and have no doub
they will decide as seems best to them. and il il
shall be such decision as the president Ct the
court feels inclined to make | can take care OF
myself in furure.
Brigadier Gen Harris slid / trust il is moi
necessary should assure you, nor the gentle
man to whom feel it my duty to object as coun-
sci for this court. that should desire above all
things not to do injustice TO any man. nei her.
hope. need l answer that, in doing What feel il
my duty to do have been influenced by no per
sonal considerations though never had the
pleasure of the acquaintance with the gentleman
to whom | object | have known him long "a.
an eminent public man OF our country ,of who m
must say that nv impression has been OF "A very
favorable character but, in regard 10 the matter
of the objection, il my recollection serves me
right. must contend that it is well founded II
is due TO the gentleman that should say have
made this objection from the recollection of this
letter. which read nearly year ago. and of the
effects OF that letter upon that state Now, il
understand the remarks of that gentleman in ex-
PLANTATION of this. cannot say they remove the
difficulty from my mind; at least | understood
him to say the doctrine he had taught the people
OF his state was that bee iuse the convention had
favored and required the taking of an oath as
qualification to the right of suffrage. which was
unconstitutional and illegal. in his opinion, that,
therefore, IL had no moral binding force, and
that the people might take II aud go and vote
without any regard to the subject matter Of the
oath.
If that does not Justify my conclusion. | con
Tess am unable to understand the English Ian.
guage How is such gentleman to understand
me. In regard to his ability to decide the legal
question do not nteGd To enter into "A cOntro
ycrsy. lie remarked TO the court little boast.
ingly that he was well able any member of
this court TO judge any legal point; but this is
not point of law; it is question of ethics an \
morality, of the sanctiiy OF oath voluntarily
taken, which understand he thought his people
might set aside as having no force, because the
convention has transcribed authority. and done
something il had no right TO do. consequently
they might voluntarily take this oath TO enttle
them 20 go and vote without considering it to
have any binding force, and am much mis-
taken ia the history Of those days. To the effect
OF the opinion OF the vote in that state il il was
not 20 considered. large number cast their
suffrage under that ethical impression. taught
them by the gentlemen against whom have OBJ
iectcd. But as | was about to remark, would
be sorry TO do injustice TO the gentleman or any
other man, and having made the objection simple
from the recollection of this letter il is perhaps
due TO the gentleman and tho members Of this
hat fha La al ~
scrutiny OF the court NAV be wrong; il so,
none can be more ready than myself to acknow-
ledge that fact.
Mr.. Johnson replied, | do not intend TO make
an extended reply to the gentleman's remarks as
to my Boosting about my competency TO decide
any legal question. The gentleman is mistaken.
| said as competent as any of the members of
this court, they not being lawyers. Now, the
honorable members seem to suppose because
said there was no harm in taking the oath.
meant there would be no harm in breaking it il
taken. Ii that is the meaning of the terms,
am better informed in regard to il than before
have already said 10 the court, had no idea
of using them for any such purpose that, ac
cordng TO my Interpretation of them admitted
Of no such construction When gentlemen are
dealing with gentlemen If words used are liable
10 misinterpretatiOn, explanations of the Intended
meaning OF them il held TO be sufficient sub
init, that among gentlemen, | hope | am not
boasting when saw, in the capacity, consider
myself equal TO any member Of this court
repeat, when As gentlemen. say they were not
used for any such design as imputed TO them
The gentleman {, whom the explanation is Civ
en-. will not be di-uOSed 90 reDeat that they ere