The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-11-15


easily pardonable, apparent in the Life
Of ReUcrdy Johnson, by BERNARD c.
STEINER, Librarian Of the Enoch Pratt
Free Library Of Baltimore Norman,
Remington Company. is corrected by
the objective accuracy with which the
record of fact is set forth side by side
with the authors enthusiastic judg-
mcnts of Senator Johnson's qualities
and OF his performances in his profess
sion and in the public service. The
Maryland biographer places the Mary
land lawyer with the few. the immortal
names of those who in their time have
been head of the American bar" and
considers him politician OF parts and
a statesman of high standing.
A Boston lawyer. Charles Warren au-
thor of History OF the American Bar.
Colonial and Federal, to 1860" published
in 1911. calls William Pinkney OF Mary.
land tdied lS22) ''undisputed" head of
our national bar in his lifetime, and
passes the title on to Webster who
"overshadowed all others in the impor-
lance Of cases argued and in the mas
terry OF the great principles of constitu-
tunal law" When William Writ, also
of Maryland, died in lS3fN"his place at
the bar was taken by Reverdy johnson.
who for many years was regarded as
the leading American lawyer" But
Johnson's cases. though celebrated"
enough, differed from Webster's and
from Wirt's in thGt in review they dl-
rect attention not to the great questions
OF constitutional law but, and OF this
we find no critical note taken. where
they impinged upon public rather than
purely private interests. to matters OF
corporation rights. Where Writ and
Webster had the Dartmouth College
case. Johnson had the defence. under
taken voluntarily and without compen-
sat!on, of Mrs. Surratt, tried by military
commission for completely in the assas-
sina'ion of President Lincoln. This task
he assumed for the honor of his pro-
fesson. He was not in constant attend
ance at the trial but relied upon n
written final argument read by his
junior associate, denying the jurisdiction
of the court and resting the denial on
assertion of the illegality of military
commissions In the United States. With
out seeking immunity for his unpopular
client. he urged that the trial should be
he'd In civil court. He did attack the
character Of the evidence. hut held for
his main contention that 80 long as no
military offence could be shown and the
offender was not naturally subject to
military law the trial was improper.
The commission. he said, could not be
Justified az an incident OF the war
power: the creation OF a court IL a
legislative function, and the President
cannot suspend or supersede the prom
erly constituted courts OF civil turlsdlc-
ton. II was not case OF military trea
son, for the accused We're not belligerent
enemies. Mrs. Surratt was hanged A
Northern lawyer author calls II "a judi
cial murder"
Reverdy Johnson was not a politician n.
hut he had the knack Of playing his
part in fighting out the politicar issues
OF the day without losing his friends
on the other side. When Sumner was
assaulted by Brooks the MARYLAND Sen
ator sent TO the gentleman from Mas
sachusetts n message OF "kindest re-
membrance,' expressing "the highest
regard for him as friend. though dir-
fering with him on the exciting cues
ton Of the day" When the Wing party
broke mp In 1854 lie affiliated himsel,
with the Democrats. After the war ne
said II never really was a Democrat -
hut he is said to have made an elo-
puen' address in favor of the election
II Buchanan to the Presidency" In 1876
and In 1860 he was an active supporter
Of Douglas and "squatter sovereignty"
In 1864 he supported Mcclellan and de-
nounced Lincoln's war policy, because
OF Fmancipation's intrusion, where
preservation of the form of constitu-
titional Government should alone have
been considered. An ardent advocate Of
religious freedom, he could not stomach
Know NothingIsm and cited Taney in
support or his assertion that the Roman
Catholic Church carries no menace Ia
American freedom. Writing to the
chairman Of Douglas meeting in New
York he urged the defeat of Lincoln.
"r"eking with the grossest heresies NJ
political abolitionism," and in Faneuil
Hall he said that since the whig party
was gone the Democratic party wa.
THE only national one" He "ncver
supposed that there existed In any part
~ the civilized world Government
where slavery existed in which there
was not somewhere authority 70 sho,.
ish H." But he viewed it as a local in.
stitutton beyond the power of Congress-
to control. When South Carolina a..