The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-02-01
Reverdy johnson on Reconstruction

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The speech of Hon. Reverdy Johnson in the
Senate on Monday last, in reply to Senators
Trumbrll and Morton, was reluctantly Init
ted by many Of the Radicals present to be
complete refutation Of the arguments 80 tri-
umphantly advanced by the two latter in favor
of the constitutional authority Of Congress to
carry out it's present reconstruction policy.
Never before has Mr.. Johns IN, who generally
commands the undivided attention OF the Sen
ate, been listened to with more attention, and
it was conceded on all hands that he outdid him
self in the massive and thorough production
which he delivered.
In the course of his speech, Mr. johnson
said:
When the constitution was framed the thir-
teen States which composed the Union were
acknowledged by themselves and by each other
to possess republican form Of government.
In most of them slavery existed, in many OF
them property qualification OF suffrage was
requisite, and in none Of them did universal
suffrage exist. Did any Of the men who ap-
pended their names to that instrument, think
| that the day would ever come when, under that
clause to guarantee republican form OF gov
ernment, Congress would assume to take from
the States the right to regulate the suffrage
within their own limits2 So far from this, Mr..
Madison, in his celebrated letters, had express
| ly declared that the true meaning and intent OF
| this clause was to preserve the governments OF
the States as they then were.
After asking for the reading OF the remarks
of MIR. Madison on this point, Mr.. johnson
continued:
It was plainly evident that the meaning Of
| the men of that day was to protect and detend
the States, not to confer upon Congress the
power to interfere with them; and 80 far as his
| knowledge extended, it had never before been
pretended that under that clause Congress
had the power 10 make constitution for
State.
After referring to the existing State Govern
ment Of Maryland, which he declared to be
rightfully in power under the constitution and
laws, Mr.. johnson said:
The constitution provided that no bills of at
tainder and ex-post facto laws should be
passed. Rebellions had existed the world over
and bills of attainder had been passed. The
men who made the constitution know this, and
| imbued with the truo spirit of liberty and re-
publicanism, had prohibited such legislation.
| There was another thing which did not escape
them. Tho guillotines of the old world had
been busy IN Furnishing political offences, and
to prevent such scenes in this country they
had resolved that treason should only consist
in levying war against the United States, or
adhering to the enemies of the same; and
again, realizing the danger to be apprehended
from military power. they provided that no
citizen not in the military or naval service
should be tried but by the civil process before
o Jury Of his countrymen. The rights of the
private citizen were thus to be protected
equally in war as in peace.
What was the bill now lying on their table
giving absolute power to the General-in-Chief?
He recoe oenlZed the great services of that officer,
tho debt Of gratitude owed to him by the coun-
try, but where he Washingt IN himself, he (Mr.
J.) would not grant such power to him; the
power to disregard all requirements of the
placing above any responsibility.
The next question which he should pro-
uound was, 'tAre not these communities
States ?" From the beginning of the war, in
1861, up to this moment he had held that they
never for one moment ceased to exist as States,
and such was the view taken originally by all
branches Of the government. At that time
stitutional powers to preserve The States ofthe
Union, could exert that same power to destroy
them, was never dreamed of. He knew that
there we're those around him who, though dis
claiming any such idea then, held it now. 1t
was not for him to account for the change,
II.
for the reading of an opinion Of Chief Justice
Chase on a case pending in the State of North
Carolina, and delivered at sitting OF the Cir
cult Court of that State, where it is charged
that the ordinance of secession affected in no
way the relations of North Carolina as State
did not for one moment change her status as O
state. Here We have the head of the judiciary
of the United States deciding that the rights
of North Carolina as a State have in no wise
been impaired; that during the rebellion the
relations of the State to the Union were sus-
pended, but at its s tsrmnatiGn 21 the relations m
fore: vet Congress assumes that North Carroll
ma ma is rremanded to q territorial condition, and
is proceeding to deal With nth her on this assump
tive TO trial by military commissions was also
quoted by Mr.. Johnson. Tho war being at ar
end, no man can be tried for treason, or any
prescribed by the constitution. Such haG
been the opinion of the Chief Justice, as pro-
nounced in the above case.
In the vocabulary of the constitution ther,
was no such word as necessity. Now, whel