Year: 1868

setis, replying 10 the mastery argument
Of Mr.. Doolittle, and Reverdy johnson
making one of the greatest efforts of his
life, in reply to Messrs. Trumbull and
Morton. The Washington correspondent
of the Baltimore Sun says the speech
was reluctantly admitted by many OF
the radicals present to be q complete
refutation Of the arguments so triumph
antly advanced by the two latter in favor
Of the constitutional authority OF Cor
gress to carry out its present reconstruc-
ton policy" But unfortunately for the
country the votes OF Congress are now
pre- determined, and argument, though
massive, mastery aud demonstrative, is
utterly thrown away and useless. The
question is no longer what is true and
right but what do the exigencies Of party
demand. An idea Of this great argu-
ment of Mr.. johnson may be had from
the following synopsis, which we take
from the Sun report:


Mr.. johnson, of Maryland, said it was
not his purpose to speak TO this question
until the measure was properly before
the Senate. andif his friend from Wis
consin (Mr Doolittle) would pardon him,
he would say that he regretted the man
ner in which it had been brought before
the Senate. But as the question had
been debated, and as views had been
advanced which he believed to be un'
sound, mischievous, and derogatory to
the Constitution, he felt it his duty as
representative in part OF the whole
country to reply. He alluded particu-
larly to the remarks which had been
made by the Senator from Illinois Mr..
! Trumbull) and the Senator from Indiana
{Mr. Morten). He had understood his
friend (Mr. Trumbull) to say that at the
beginning of the government it was a
matter of debate with the Judiciary itself
as to its power to pass upon the consti-
tutionaity Of acts Of Congress.


As we all know, the Constitution went
into operation in 1889, and in the same
wear the law organizing the judiciary
was passed, and that law expressly gave
to the court jurisdiction upon all matters
of law and equity arising under the Con-
stitution and laws OF the United States.
A number of cases before the Supreme
Court were cited by Mr.. johnson, who
said that in none Of them had any Judge
or Court ever expressed any doubt as to
the duty and power of the Court to pass
upon any laws of Congress where con-
i stitutional question was involved. 1t is
true that in a case where the very legis-
Iatiye existence of the Government was
involved Chief Justice Marshall de-
liyered learned and elaborate opinion
on the powers and jurisdiction of the
court, and this case may have been con-
temnlated by the Senator Mr. Trumbull)
when making his remark. Hamilton
had said that liberty itself was involved
in this jurisdiction of the Supreme Court,
and the writer's in the Federalist had
taken the same ground, in language
much more powerful and eloquent than
any he could command. He would now
ask the Secretary to read from Chancel'
lor Kent aud others on this point.


The passages indicated by Mr.. J. were
then read by the secretary, in which the
power and jurisdiction of the courts over
the legislation of Congress is distinctly
affirmed


He (Mr. J.) did not think he exaggera-
ted when he said that but for such forms
of government the government could not
have had the success it had. In the de
bate between Mr.. Webster and Mr.,
Hayne, the latter had claimed it as the
province of the States alone to determine
The bindings of the Constitution upon
them. The former, in magnificent and
comprehensive eloquence, had refuted
the doctrines of secession and upheld the
high attributes of the Court Yet in one
of the bills now on our table, it is pro-
nosed to deny to this Court the powers
conferred upon it, and to make the legls-
lation of Congress conclusive upon the
neople and the country. He would not,
at this time, say more on this point, but
address himself to the remarks OF the
Senator from Indiana (Mr. Morton.)


He had listened with pleasure and ad
miration to that speech; 1T was courteous
and high toned, and brought back, II
they had wandered from them, the old
days of the Senate, when such was the
universal custom, and when no personal
illusions were INDUCED in.. He had
listened with admiration to that speech,
hut he believed that 1t contained doc
trines which were at utter war with the
Constitution. The honorable member
had based the right of Congress to pur-
sue its present course of legislation to-
wards the South upon the guarantees In
the Constitution that the United States
shall guarantee to every State repub-
lican form of government. The honora.
ble member had made his argument as If
"loyal we're inserted in that clause as
if il read the United States shall guar
antee to every State loyal republican
form of government" and upon this as
sumption had based his remarks He
(Mr. NJ J had inferred that loyalty was an
inherent qualification, and in this, as he
/ (Mr. j. } thought, he was clearly wrong


When the Constitution was framed the
thirteen States which composed the
Union we're acknowledged by themselves
and by each other 10 possess a repub-
lican form Of government Ia most OF
them slavery existed, in msBy of them a
property qualification Of suffrage was
requisite, and in none Of them did uni
yersal suffrage exist Did any of the
men who appended their names to that
instrument think that the day would
ever come when, under that clause to
guarantee republican form of govern
ment, Congress would assume to take
from the States the right to regulate the
suffrage within their own limits So
far from this, Mr.. Madison, in bis cele-
brated letters, had expressly declared
that the true meaning and intent Of this
/ sk. n rf
of the States as they then were.