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Reverdy Johnson (May 21, 1796 – February 10, 1876) was an American politician, statesman, and jurist from Annapolis, Maryland. He gained fame as a defense attorney, defending notables such as Sandford of the Dred Scott case, Maj. Gen. Fitz John Porter at his courts-martial, and Mary Surratt, conspirator in the assassination of Abraham Lincoln. A former Whig, he was a strong supporter of the Union war effort. At first he opposed wartime efforts to abolish slavery until 1864, and in 1865 supported the 13th Amendment banning slavery.

Key Information

Johnson served as United States Minister to the United Kingdom from 1868 to 1869.

Early life

[edit]
Reverdy Johnson's house in Annapolis, Maryland, relocated onto the campus of St. John's College.[1]

Johnson was born on May 21, 1796, in Annapolis, Maryland.[2] He was the son of a distinguished Maryland lawyer and politician, John Johnson (1770–1824), who served as Attorney General of Maryland from 1806 to 1811 and later Chancellor of Maryland, and Deborah (née Ghieselen) Johnson (1773–1847). His younger brothers were John Johnson Jr. (1798–1856), the last Chancellor of Maryland,[3][4] and George Johnson (1817–1892).[5]

He graduated from St. John's College in 1812 and then studied law. He was admitted to the bar in 1815.[2] In August 1814, he served as a Private in Ens. William Brewer's detachment of the 36th Maryland Militia, fighting at the Battle of Bladensburg.

Career

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In 1816, he was appointed as Deputy Attorney General of Maryland, a position he held until 1817.[6] In 1817, Johnson moved to Baltimore,[6] where he became a legal colleague of Luther Martin, William Pinkney and Roger B. Taney, the Attorney General and later Chief Justice of the United States from 1835 until 1864. He was appointed chief commissioner of insolvent debtors of Maryland in 1817.[6] From 1821 until 1825 he served in the Maryland State Senate and then returned to practice law for two decades.[2]

In 1842, while helping North Carolina Congressman Edward Stanly to ready himself for a duel with Virginia Congressman Henry Wise,[7] Johnson fired a pistol at a tree, from which the ball rebounded and hit Johnson's left eye, blinding that eye and triggering the gradual onset of a sympathetic deterioration of the other eye that worsened over the rest of his life, eventually leaving him almost completely blind.[8]

Federal politics

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From 1845 to 1849, Johnson represented Maryland in the United States Senate as a Whig.

From his confirmation by the Senate in March 1849 until July 1850, Johnson was Attorney General of the United States under President Zachary Taylor.[2] He resigned on July 21, 1850, shortly after Millard Fillmore took office on July 9, 1850.[9]

While U.S. Attorney General, he was allowed to help Virginians Charles W. Russell and Alexander H. H. Stuart defend the Wheeling Suspension Bridge in his private capacity, that bridge also connecting two sections of the National Road as the first bridge crossing a major river west of the Appalachian Mountains.[10] Although the plaintiffs technically won twice based on their argument that the bridge obstructed a navigable river, the bridge was never demolished (only repaired after wind damage) and further bridges were then constructed, including one over the Mississippi River at Rock Island in 1856.(which also led to litigation).

In November 1856, a large crowd, armed with guns and clubs, burned an effigy of Johnson on the railing of the Battle Monument in front of his house to protest a speech he made in New York against President Fillmore.[11]

A conservative Democrat, Johnson supported Stephen A. Douglas in the presidential election of 1860. He represented the slave-owning defendant in the controversial 1857 case Dred Scott v. Sandford.[2][12] However, Johnson was personally opposed to slavery and became a key figure in the effort to keep Maryland from seceding from the Union during the American Civil War.

He served as a Maryland delegate to the Peace Convention of 1861 and from 1861 to 1862 served in the Maryland House of Delegates. During this time he represented Maj. Gen. Fitz John Porter at his court-martial, arguing that Porter's distinguished record of service ought to put him beyond question. The officers on the court-martial, all handpicked by Secretary of War Edwin Stanton, voted to convict Porter of cowardice and disobedience.

After the capture of New Orleans, President Abraham Lincoln commissioned Johnson to revise the decisions of the military commandant, General Benjamin F. Butler, in regard to foreign governments, and reversed all those decisions to the entire satisfaction of the administration. After the war, reflecting the diverse points of view held by his fellow statesmen, Johnson argued for a gentler Reconstruction effort than that advocated by the Radical Republicans.[13]

Return to the U.S. Senate

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In 1863, he again took a seat in the United States Senate, serving through 1868. "The antislavery amendment caught Johnson's eye, however, because it offered an indisputable constitutional solution to the problem of slavery."[14] In 1864, in a speech on the Senate floor, Johnson "cut loose from all Pro-Slavery associations by a bold declaration of strongest Anti Slavery sentiments", speaking in favor of the immediate and universal emancipation, and advocated the proposed amendment to the Constitution forever prohibiting slavery in the United States.[15]

In 1865, he defended Mary Surratt before a military tribunal.[13] Surratt was convicted and executed for plotting and aiding Lincoln's assassination. In 1866, he was a delegate to the National Union Convention which attempted to build support for President Johnson. Senator Johnson's report on the proceedings of the convention was entered into the record of President Johnson's impeachment trial. In the Senate, he also served on the Joint Committee on Reconstruction which drafted the Fourteenth Amendment to the United States Constitution, but he voted against passage of the amendment.[16]

In 1866, he addressed the Senate regarding the appointment of provisional governors in the Southern States.[17][18] In 1867, Johnson voted for the Reconstruction Act of 1867, the only Democrat to vote for a Reconstruction measure in 1866 or 1867.[19][20]

Ambassador to the United Kingdom

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On June 12, 1868, he was appointed minister to the United Kingdom,[21] beginning his term on September 14, 1868.[22] While in England, he was criticized for fraternizing with the Lairds, Wharncliffes, Roebucks, and Gregorios, of England, which was considered a blunder in diplomacy.[23]

Soon after his arrival in England negotiated the Johnson-Clarendon Treaty for the settlement of disputes arising out of the Civil War, including the Alabama Claims.[24] The Senate, however, refused to advise and consent to ratification, and he returned home on the accession of General Ulysses S. Grant to the presidency.[25][26]

Later career

[edit]

Again resuming his legal practice, he defended Ku Klux Klan members against indictments brought under the Ku Klux Klan Act of 1871.[27][28][29]

Even though out of office, Johnson continued to offer his opinion on public matters.[30] In December 1874, he wrote to The New York Times, stating that he hoped that after the next Presidential Election, "the General Government will thereafter be brought back into the part of the Constitution, that the limits of its powers will be maintained, that the reserved authority of the States will be recognized, and that the rights of its citizens will be faithfully preserved."[31] In December 1875, he wrote a letter to the Baltimore Sun discussing the potential impact of England's purchase of a controlling interest in the Suez Canal.[32]

In early 1876, Johnson was in Annapolis arguing the case of Baker v. Frick in the Court of Appeals and was a guest at the Maryland Governor's Mansion.[33] On February 10, during a dinner party at the mansion, he fell near a basement door, possibly after tripping, and was killed instantly after hitting his head on a sharp corner of the mansion's granite base course and then again on the cobblestone pavement.[34] He was the last surviving member of Taylor's cabinet. Upon Johnson's death, the Supreme Court Bar unanimously issued a statement that praised Johnson for his contributions to the Court, and expressed their condolences for his sudden passing.[35]

Personal life

[edit]
Mrs. Reverdy Johnson by Thomas Sully, ca. 1840, Princeton University Art Museum

On November 16, 1819, Johnson married Mary Mackall Bowie (1801–1873),[36] the sister of Rep. Thomas Fielder Bowie[6] and the daughter of Thomas Contee Bowie (1771–1813) and Mary Mackall (née Bowie) Wootton (1776–1825), who were third cousins. Her mother was the widow of Turnor Wootton (d. 1797), whom she married in 1794 and had one child with, William Turner Wootton, and was the daughter of Maryland Gov. Robert Bowie (1750–1818).[36] Together, Reverdy and Mary had 15 children, of which five daughters and three sons survived, including:[37]

  • Mary Johnson (1822–1915), who married Thomas Hollingsworth Morris (1817–1872), the son of John Boucher Morris (1785–1874)[38]
    • Mary Johnson Morris and Thomas Hollingsworth Morris had the daughter Lydia Hollingsworth Morris (1857–1936) who married Hollins McKim (1825–1911). Their daughter Mary Camilla McKim married Huntington Williams MD.[39]
  • Eliza Ridgely Johnson (1823–1897), who married Henry Daingerfield (d. 1866), the son of William H. Daingerfield (1808–1878)
  • Reverdy Johnson Jr. (1826–1907), who married Caroline Patterson (1828–1863)[40]
  • Maria Louisa Johnson (1827–1893), who married William Riggin Travers (1819–1887)
  • Matilda Elizabeth Bowie Johnson (1829–1911), who married Charles John Morris Gwinn (1822–1894), the Attorney General of Maryland[37]
  • Emily Contee Johnson (1832–1909), who married George Washington Lewis (1829–1885), brother of Edward Lewis (1837–1892) and grandson of Lawrence Lewis (1767–1839)
  • Louis E Johnson (1837–1905), who married Marie May Bostick (1856–1942). He was the United States Marshal of South Carolina.[37]
  • Edward Contee Johnson (1843–1905), who married Kate Moore (1871–1922)

After his death on February 10, 1876,[41] Johnson was buried at the Green Mount Cemetery in Baltimore, MD.[42][43] Johnson had been the last surviving member of the Taylor Cabinet.[37]

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In the 2011 film The Conspirator, Johnson is portrayed by actor Tom Wilkinson.

See also

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Notes

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Writings

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Further reading

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[edit]
Revisions and contributorsEdit on WikipediaRead on Wikipedia

Reverdy Johnson

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from Grokipedia

Reverdy Johnson (May 21, 1796 – February 10, 1876) was an American lawyer, jurist, and politician from , who served as a United States Senator from for two non-consecutive terms and as under two presidents.
Educated at St. John's College, from which he graduated in 1811, Johnson was admitted to the bar in 1815 and built a distinguished legal career, arguing multiple cases before the of the , including a successful defense of the slaveholding defendant in the 1857 case that affirmed restrictions on citizenship for . Elected to the in 1821 and the state senate in 1828, he entered national politics as a Whig U.S. Senator from 1845 to 1849 before resigning to accept appointment as under President , a position he held from March 1849 to July 1850. Johnson returned to the role of in 1853 under President , serving until 1854, after which he resumed private practice.
A Democrat by the time of the Civil War, Johnson remained a staunch Unionist despite his prior legal advocacy for slavery-related positions, contributing significantly to 's decision to remain in the Union, thereby securing a critical border state amid secession threats. Reelected to the Senate in 1863, he initially opposed emancipation measures but by 1864 endorsed the Thirteenth Amendment abolishing slavery and, unusually for a Democrat, backed key Republican Reconstruction policies. His Senate service ended in 1868 upon appointment as Minister to the under President , where he aided negotiations on post-war claims before resigning in 1869. Johnson's career exemplified the tensions of antebellum and Reconstruction-era politics, marked by legal prowess, partisan shifts from Whig to Democrat, and pragmatic Union loyalty amid slavery debates.

Early Life

Birth and Upbringing

Reverdy Johnson was born on May 21, 1796, in . He was the son of John Johnson (1770–1824), a prominent Maryland and who served as from 1806 to 1811, and Deborah Ghiselen Johnson. Johnson grew up in Annapolis, a center of Maryland's colonial and early American political life, within a family deeply involved in legal affairs. His father's position exposed him from an early age to the practice of law and , fostering an environment conducive to his later career. His mother, of French descent, was the daughter of a local family with ties to the region's Huguenot heritage. Johnson attended St. John's College in , graduating in 1811 at the age of fifteen. His father, John Johnson, a and on the Maryland Court of Appeals, provided early intellectual influences rooted in legal and classical studies. Following graduation, Johnson pursued legal training through the traditional apprenticeship system, in his father's office rather than attending a formal , as was customary in early nineteenth-century America. This hands-on preparation emphasized practical mastery of statutes, precedents, and advocacy skills under mentorship. He was admitted to the Maryland bar in 1815, enabling him to commence practice in Upper Marlboro before relocating to , where he built a reputation in complex litigation. This self-directed path, common among antebellum lawyers, underscored Johnson's reliance on familial guidance and personal diligence over institutionalized education.

Early Practice in Maryland

Following his admission to the Maryland bar in 1815, Reverdy Johnson established his initial legal practice in Upper Marlboro, the seat of Prince George's County. There, he handled local cases and quickly demonstrated competence, leading to his appointment as deputy for the district approximately one year later. In this role, from 1816 to 1817, Johnson assisted in prosecuting state cases within his jurisdiction, gaining practical experience in criminal and civil matters before Maryland courts. In 1817, Johnson relocated his practice to , where he opened a firm focused on general litigation and began building a reputation among the state's legal community. That same year, he received an additional appointment as chief commissioner of insolvent debtors for , involving oversight of bankruptcy proceedings and debtor relief applications under state law. His Baltimore practice emphasized appellate advocacy and complex disputes, though specific early cases from this period remain sparsely documented beyond routine county and appearances. By 1820, Johnson's growing proficiency had positioned him for further public roles, culminating in his election to the Maryland State Senate in 1821.

High-Profile Cases and Arguments

Johnson established his reputation as a formidable through arguments in several landmark cases before the U.S. and military tribunals, often defending property rights, constitutional limits on federal power, and . In (1857), he represented defendant John F.A. Sanford, contending that the of 1820 exceeded Congress's authority by prohibiting slavery in territories and that , as a Black man, lacked citizenship to sue in federal court; the Court ruled 7-2 in Sanford's favor, invalidating the Compromise and affirming slavery's protection under the Fifth Amendment. Earlier, in 1854, Johnson successfully defended Cyrus McCormick's for the mechanical reaper in a infringement suit, arguing the invention's novelty and utility against claims of ; the decision upheld McCormick's monopoly, influencing agricultural and precedents on obviousness. In the Albany Bridge Case (Coleman v. Hudson River Bridge, 1864), he advocated for bridge proprietors against navigation obstructions, emphasizing interstate balances between federal regulation and state-granted improvements; the Court dismissed the , prioritizing riparian rights. During the Civil War era, Johnson served as chief defense counsel for Maj. Gen. in his 1862–1863 for alleged disobedience and misconduct at the Second Battle of Bull Run, asserting that Pope's orders were ambiguous and that Porter's actions preserved Union forces; despite conviction and dismissal, Porter's later 1882 exoneration by a congressional board validated aspects of Johnson's procedural critiques. In the 1865 trial of Lincoln assassination conspirators, he argued on June 19 against the military commission's jurisdiction over civilians like Mary E. Surratt (whom he briefly represented), insisting trials must occur in civil courts absent rebellion or invasion suspending ; though overruled, this position foreshadowed rulings limiting . Later, in (1876), Johnson defended Klansmen charged under the for conspiring to deprive freedmen of rights, maintaining that the Fourteenth Amendment's privileges-or-immunities, , and equal protection clauses constrained only , not private individuals; the Court unanimously adopted this view, restricting federal civil rights enforcement to official misconduct. These arguments underscored Johnson's consistent emphasis on strict construction of federal authority, , and individual liberties against expansive claims, earning acclaim for rhetorical precision despite varied outcomes.

Political Career

Service in Maryland State Legislature

Reverdy Johnson began his legislative career in the State Senate, representing the Western Shore from to 1827. Elected initially for a five-year term in as a Federalist-leaning attorney recently established in practice, he was reelected but resigned in 1827 to focus on his growing legal career in . This early service occurred during a period of partisan realignment in Maryland politics, though specific legislative initiatives led by Johnson from this tenure remain sparsely documented in primary records. Johnson returned to the decades later amid the sectional crisis preceding the Civil War. Elected to the House of Delegates from County, he served in the of 1861 and the regular session of 1862. As a border-state Democrat with sympathies for Southern interests yet committed to Union preservation, Johnson advocated against secessionist movements in , urging delegates to maintain loyalty to the federal government during the turbulent spring of 1861, when state militias and federal troops clashed in . His efforts aligned with broader Unionist pressures, including federal interventions to secure Maryland's allegiance, and contributed to the state's decision to reject ordinances of . This service preceded his unsuccessful candidacy for the U.S. in 1862 and reflected his pragmatic constitutionalism in averting civil disruption.

First Term in the U.S. Senate (1845–1849)

Johnson entered the United States Senate as a Whig representing Maryland on March 4, 1845, following his election by the state legislature. His tenure coincided with heightened sectional tensions over territorial expansion and slavery, occurring during the 29th and 30th Congresses. As a Marylander from a border slave state, Johnson's positions emphasized constitutional limits on federal power, states' rights, and the protection of Southern interests without overt partisan rigidity. During his term, Johnson chaired the Senate Committee on Claims in the 29th (1845–1847), overseeing petitions for compensation from individuals and entities alleging damages from federal actions, and later the on the Judiciary in the 30th (1847–1849), where he addressed legal interpretations of statutes and constitutional questions. In this capacity, he contributed to debates on judicial matters, reflecting his background as a prominent constitutional . His committee work underscored a focus on procedural fairness and federal restraint, aligning with his broader advocacy for strict construction of the . Johnson broke from many Whig colleagues by supporting President James K. Polk's prosecution of the Mexican-American War (1846–1848), viewing Mexico's actions as the precipitating cause and defending the conflict as a legitimate defense of national honor and territorial claims. He opposed the Wilmot Proviso, an amendment proposed in 1846 to prohibit slavery in territories acquired from Mexico, arguing it exceeded Congress's authority under the Constitution to regulate property rights in new lands. This stance prioritized constitutional originalism over antislavery agitation, consistent with his defense of slavery as a protected institution within existing states and territories where it was legally established. Johnson resigned his seat on March 7, 1849, to accept appointment as U.S. under Whig President , prioritizing national service and Union preservation over strict party loyalty despite his Whig affiliation. This move highlighted his pragmatic unionism, bridging partisan divides in an era of growing North-South friction.

Attorney General under (1849–1850)

Reverdy Johnson, a distinguished lawyer and former U.S. Senator, was appointed the 21st of the by President on March 8, 1849, following Senate confirmation. His nomination came shortly after Taylor's inauguration on March 5, 1849, as part of the Whig administration's effort to install experienced legal counsel amid pressing constitutional questions arising from the Mexican-American War territories. Johnson, known for his strict constructionist views and advocacy for within the Union framework, advised Taylor on executive legal matters during a period marked by intense sectional tensions over slavery's extension into new territories like and . In his role, Johnson issued formal opinions interpreting the Attorney General's authority under the , asserting that such advisory opinions served as binding directives for executive departments unless contradicted by congressional or judicial rulings. This stance reinforced the executive branch's reliance on centralized legal guidance, reflecting Johnson's emphasis on constitutional over expansive federal interpretation. He supported administration decisions on fiscal claims, including Treasury Secretary M. Meredith's approval of payments related to wartime obligations in 1850, underscoring Johnson's practical involvement in resolving inherited disputes from prior administrations. Johnson's tenure, spanning from March 8, 1849, to July 22, 1850, ended with his resignation shortly after Taylor's death on , 1850, and Millard Fillmore's ascension to the presidency. Unwilling to continue under Fillmore's reoriented cabinet, which sought to advance compromise measures on , Johnson returned to private practice in , having provided steady legal counsel during Taylor's opposition to linking California's statehood with broader sectional concessions. His brief service highlighted the Attorney General's evolving advisory function in a cabinet without a formalized Department of Justice, relying instead on Johnson's personal expertise amid the era's constitutional crises.

Attorney General under Franklin Pierce (1857–1858)

Reverdy Johnson did not serve as under President , whose term ended on March 4, 1857. That position was held by , appointed March 7, 1853, and serving continuously through Pierce's administration until , 1857. From , 1857, onward—spanning the specified – period—the office was filled by under incoming President . Johnson's sole tenure as occurred earlier, under President from March 8, 1849, to July 22, 1850, after which he resigned upon Taylor's death and Millard Fillmore's ascension. During Pierce's presidency, Johnson maintained a prominent private legal practice in , including representation of in the case (argued February and December 1856, decided , ), where he advocated for Scott's freedom based on his residence in free territories. No historical records indicate any appointment, nomination, or interim role for Johnson in the position under Pierce, reflecting his alignment at the time with Whig-Democratic circles but not cabinet service.

Second Term in the U.S. Senate (1863–1868)

Johnson was elected to the by the on February 17, 1863, with a vote of 56 to 38, succeeding Unionist and taking office on March 4, 1863, for the remainder of the term ending in 1869. As a Democrat from the border state of , which remained in the Union amid divided loyalties, Johnson positioned himself as a loyal supporter of the federal government against while emphasizing and constitutional restraints on executive and congressional authority. Throughout the Civil War's final years, Johnson backed essential Union war measures, including the enlistment of black troops, but critiqued expansive federal actions as exceeding constitutional bounds. He initially opposed President Lincoln's of 1863, arguing it represented an unconstitutional exercise of military power over private property in loyal states, though he distinguished this from support for voluntary or schemes. By April 1864, however, Johnson shifted to endorse permanent abolition through amendment, delivering a Senate speech on advocating the resolution that formed the basis of the Thirteenth Amendment, contending that slavery's eradication via constitutional process would secure lasting peace without undermining . He voted in favor of the amendment's passage on April 8, 1864, one of few Democrats to do so. In the early , Johnson resisted radical Republican proposals, favoring a lenient policy toward the South that prioritized quick restoration of states to the Union with minimal federal interference in local affairs, including restrictions based on race or tests. His mediating stance drew criticism from both abolitionist Republicans, who viewed him as insufficiently punitive toward former Confederates, and Southern sympathizers, who saw his Union as betrayal, yet it reflected his consistent prioritization of over partisan retribution. Johnson resigned his seat on July 10, 1868, to accept President Andrew Johnson's appointment as Minister to the , where he would defend U.S. claims in the Alabama affair.

Ambassador to the United Kingdom (1868–1869)

Following his resignation from the United States Senate on July 10, 1868, Reverdy Johnson was nominated by President Andrew Johnson on June 12, 1868, as Envoy Extraordinary and Minister Plenipotentiary to the United Kingdom, a position equivalent to ambassador. The Senate confirmed the appointment without opposition, reflecting Johnson's established reputation as a jurist and his alignment with the president's efforts to mend international relations strained by the American Civil War. He presented his credentials in London on September 14, 1868, and quickly gained favor among British officials and society for his affable demeanor and legal acumen. Johnson's primary diplomatic task centered on resolving the , disputes arising from Britain's alleged violation of neutrality by permitting the construction and outfitting of Confederate commerce raiders, such as the , in British shipyards during the Civil War. These vessels had inflicted approximately $6.5 million in direct damages on Union merchant shipping, with broader claims for national losses exceeding $100 million. Negotiations with British Foreign Secretary Clarendon began in late 1868 and culminated in the Johnson-Clarendon Convention, signed on January 14, 1869. The agreement proposed a mixed commission to arbitrate direct property claims by American citizens but explicitly excluded "national losses" or indirect damages, such as the costs of pursuing the raiders or enhanced insurance rates, and included language affirming Britain's in maintaining neutrality. The convention faced immediate criticism in the United States for conceding too much to Britain without securing full accountability, particularly as it deviated from prior U.S. demands for indirect claims and potential British concessions on neutrality protocols. The U.S. Senate rejected the treaty in April 1869 by a vote of 54–1, citing its inadequacy in addressing the totality of American grievances. Johnson's approach, emphasizing and legal precedents over expansive reparations, aligned with his long-held preference for pragmatic resolution but was viewed by many Republicans as insufficiently assertive amid postwar national sensitivities. With the inauguration of President on March 4, 1869, Johnson was recalled on May 13, 1869, as the new administration pursued a firmer stance on the claims, leading eventually to the Treaty of Washington in 1871. During his brief tenure, Johnson also engaged in routine diplomatic courtesies, including audiences with and discussions on trade and extradition, but the Alabama negotiations defined his service. He departed later in 1869, having advanced preliminary frameworks that influenced subsequent settlements, though without achieving ratification.

Political Views

Position on Slavery and Its Expansion

Reverdy Johnson personally opposed , emancipating the enslaved individuals he inherited from his father upon in 1817. Living in , a slaveholding state, he nonetheless viewed the institution as morally problematic while defending its constitutional protections where legally established, emphasizing against federal abolitionist encroachments. This stance reflected a broader commitment to , where he prioritized property rights under the Fifth Amendment over moral qualms about human bondage. On the expansion of slavery, Johnson opposed acquiring additional territory post-Mexican-American War (1846–1848) that might enable its spread, such as proposals to annex all of , arguing such gains would perpetuate and potentially enlarge the system. During debates over the , he advocated for measures balancing territorial organization with slaveholder interests, supporting in and territories—allowing local voters to decide on —while rejecting outright congressional bans like the . In a speech on the compromise bill, Johnson contended that slaves constituted protected property, and federal prohibition in territories violated , effectively permitting potential expansion absent local rejection. Johnson's legal arguments in (1857), representing defendant John F. A. Sandford, reinforced this view by asserting that residence in free territories did not automatically confer freedom on enslaved people and that could not restrict slavery's portability as property. These positions aligned with Democratic orthodoxy under Presidents Taylor and Pierce, under whom he served as , prioritizing constitutional literalism over restrictive policies like the line, which the Supreme Court's ruling—bolstered by his brief—deemed unconstitutional. Despite personal aversion to slavery's growth, Johnson's defense of territorial non-interference facilitated its legal viability in contested areas like , contributing to sectional tensions without endorsing aggressive pro-slavery filibustering or forced extension.

Stance on Secession and Union Preservation

Reverdy Johnson, a Maryland statesman with Southern sympathies but unwavering Unionist convictions, regarded secession as unconstitutional and traitorous, arguing that the federal Union was indissoluble under the Constitution. Following Abraham Lincoln's election in November 1860, Johnson emerged as a leading voice against disunion in the border state of Maryland, whose secession would have isolated the federal capital at Washington, D.C. He served as a delegate to the Washington Peace Conference in February 1861, convened to propose constitutional amendments for compromise and avert civil war, though the effort failed to halt Southern secession. In early 1861, Johnson was elected to the , where he delivered arguments explicitly opposing and urging loyalty to the Union amid rising Confederate sympathies in the . His advocacy proved instrumental in maintaining Maryland's , as the state rejected ordinances of despite its slaveholding population and geographic vulnerabilities. Johnson endorsed federal measures to enforce Union preservation, including Lincoln's April 1861 suspension of and deployment of troops through to defend the capital, actions he defended as necessary against rebellion rather than invasion of sovereign states. Johnson maintained that the seceding states had not legally departed the Union, viewing their actions as a to be suppressed rather than a dissolution of the compact, a position that aligned with his constitutional conservatism and distinguished him from both and Confederate sympathizers. This stance facilitated his later service in the U.S. during the war, where he continued to prioritize national unity over sectional grievances.

Approach to Civil War Policies and Reconstruction

During the Civil War, Johnson, serving as a U.S. Senator from from 1863 to 1868, maintained staunch support for the Union cause after the conflict's outbreak, having previously participated in the 1861 Washington Peace Conference in a failed bid to avert . He opposed President Lincoln's suspension of as exceeding executive authority and criticized the for lacking constitutional basis under war powers, arguing instead for slavery's abolition through legislative or compensated means rather than unilateral executive action. Despite initial reservations, Johnson endorsed the Thirteenth Amendment in 1864, favoring its permanent, constitutional prohibition of slavery over wartime expedients. Johnson's Senate record reflected a War Democrat's commitment to military victory while resisting radical Republican expansions of federal power, such as the recruitment of black troops and domestic military enforcement, which he viewed as infringing civil liberties. He supported a wartime loyalty oath for federal officeholders but later, post-Appomattox, led efforts to invalidate test oaths as unconstitutional burdens on former Confederates' rights. Reelected in 1862 amid Maryland's border-state tensions, he delayed seating until Congress repealed loyalty oath barriers in 1863, prioritizing Union fidelity over immediate partisan alignment. In Reconstruction, Johnson advocated a lenient approach emphasizing swift Southern reintegration without punitive measures, aligning with President 's policies of presidential pardons and state readmission upon minimal loyalty professions and repudiation of secession. He opposed the as an overreach into but broke Democratic ranks by voting to override President Johnson's veto of the of 1867, which imposed military governance on unreconstructed Southern states until constitutional safeguards were enacted—the sole Democrat to do so in either chamber. This vote underscored his prioritization of Union restoration over strict party orthodoxy, though he critiqued congressional radicals for prolonging sectional strife through vengeful policies. His facilitated his 1868 appointment as to the under Andrew Johnson, where he defended U.S. policies abroad amid turmoil.

Controversies

Involvement in Dred Scott v. Sandford

Reverdy Johnson, a prominent constitutional lawyer, served as co-counsel for the defendant John F. A. Sandford in the U.S. case , argued in December 1855 and February 1856, with the decision issued on March 6, 1857. Alongside Henry S. Geyer, a attorney and U.S. Senator from , Johnson represented Sandford without , defending the slave owner's interests against Dred Scott's petition for freedom based on residence in free territories. Johnson's key arguments centered on denying Scott's claim to freedom by challenging the constitutional authority of Congress to enact the Missouri Compromise of 1820, which had restricted slavery in territories north of the 36°30′ parallel. He contended that such federal legislation exceeded Congress's powers under the , asserting that slavery's status followed state law upon return to a slave state like , regardless of prior residence in free areas or forts such as . Additionally, Johnson raised jurisdictional objections, arguing that Scott, as a person, lacked the citizenship required to sue in federal court under Article III, framing this as a fundamental barrier to the case proceeding on its merits. These positions aligned with the majority opinion authored by Chief Justice Roger B. Taney, which ruled 7–2 that Scott was not a citizen and that the was unconstitutional, effectively invalidating federal restrictions on 's expansion into territories. Johnson's advocacy contributed to the decision's expansive scope, including its declaration that had "no rights which the white man was bound to respect," though he personally opposed on moral grounds while fulfilling his professional duty to the client. The case's outcome bolstered pro- legal precedents but intensified sectional tensions leading toward the Civil War.

Party Affiliations and Perceived Inconsistencies

Reverdy Johnson began his national political career affiliated with the Whig Party, representing Maryland in the U.S. Senate from March 4, 1845, to March 7, 1849, before resigning to serve as U.S. Attorney General under Whig President Zachary Taylor from March 8, 1849, to July 22, 1850. Amid the Whig Party's collapse in the mid-1850s—driven by irreconcilable sectional divisions over slavery expansion, particularly following the Kansas-Nebraska Act of 1854—Johnson transitioned to the Democratic Party around 1856. He endorsed Democratic presidential nominee Stephen A. Douglas that year and accepted appointment as Attorney General under Democratic President Franklin Pierce, serving from March 6, 1857, to June 1858. Johnson continued this Democratic alignment by campaigning for Douglas in the 1860 presidential election. During the Civil War, Johnson's second Senate term (beginning March 4, 1863) saw him elected as a Democrat, though he initially aligned with Unionists in the 38th Congress (1863–1865) to underscore loyalty to the Union in Maryland, a border state with divided sentiments. He caucused with Democrats thereafter through July 10, 1868. These shifts drew perceptions of inconsistency from some observers, who noted Johnson's evolution from a devoted Henry Clay Whig—emphasizing national unity and economic nationalism—to a Douglas Democrat advocating popular sovereignty on slavery, a pivot framed in contemporary accounts as a departure from prior principles amid party realignment. His executive service under presidents of both major parties (Taylor in 1849–1850 and Pierce in 1857–1858) amplified views of pragmatic flexibility over strict partisanship, though such adaptations were widespread as the two-party system reformed around slavery's expansion. Critics, including rival partisans, occasionally implied opportunism in leveraging legal expertise across factions, yet Johnson's record reflects consistent prioritization of constitutional unionism over ideological purity.

Criticisms of Wartime and Postwar Positions

Johnson's opposition to the Emancipation Proclamation, issued on September 22, 1862, stemmed from his view that it exceeded presidential authority under the Constitution, as he argued it unlawfully interfered with private property in states where the federal government lacked direct control. This stance aligned with his broader resistance to using the war power for abolition, which he initially deemed improper until slavery's collapse rendered further debate moot by 1864. Radical Republicans and abolitionists criticized these positions as obstructing the moral and strategic imperative to undermine the Confederacy's labor system, accusing Johnson of prioritizing legal formalism over the Union's survival and the eradication of slavery's root causes. He further opposed the enlistment of black troops, formalized by the Militia Act of July 17, 1862, and expanded thereafter, contending it violated state prerogatives and risked inflaming border state loyalties like 's. Johnson also resisted domestic military interventions, such as arrests without and tribunals for civilians, which he saw as erosions of even amid rebellion. In the 1864 election, as a Maryland senator, he campaigned against Lincoln's reelection, backing Democrat and highlighting alleged executive overreach in border states and election manipulations. These actions provoked accusations from pro-Lincoln factions of undermining wartime unity, with critics like labeling him a hindrance to vigorous prosecution of the conflict through his "peace-at-any-price" rhetoric and sympathy for Southern constitutional claims. Postwar, Johnson's defense of in the Lincoln trial of 1865 drew intense backlash; as her counsel, he challenged the military commission's jurisdiction over a , arguing on , 1865, that only civil courts held authority absent a declared state. Surratt's conviction and execution on July 7, 1865, despite his pleas, fueled Radical condemnation that Johnson lent undue legitimacy to Confederate sympathizers, prioritizing procedural purity over national retribution for the . In Reconstruction debates, he advocated reinstating Southern states without punitive disqualifications, clashing with Sumner over the need for and Confederate exclusions, as evidenced in speeches decrying the Fourteenth Amendment's severity. Critics, including , assailed this moderation as enabling a "" resurgence, undermining the Thirteenth Amendment's fruits and betraying emancipated freedmen's protections by treating as a mere "state right" error rather than rebellion warranting lasting penalties.

Personal Life

Marriage, Family, and Household

Reverdy Johnson married Mary Mackall Bowie on November 16, 1819. Mary (1801–1873) was the daughter of former Governor Robert Bowie (1750–1818) and his wife Mary Mackall. The couple had fifteen children together, twelve of whom survived infancy; notable offspring included Reverdy Johnson Jr. (1826–1907), a , and daughters Mary Johnson Morris (1822–1915) and Eliza Ridgely Johnson Daingerfield (1823–1897). Johnson's household centered on residences in —where he owned a prominent home now associated with St. John's College—and a mansion on Baltimore's Monument Square, reflecting his status as a leading attorney and politician. The family maintained these properties amid Johnson's frequent public service, with Mary managing domestic affairs during his absences.

Religious Conversion and Faith

Reverdy Johnson became a communicant church member late in life, marking a formal commitment to Christian practice amid his extensive public career. On October 18, 1860, Johnson delivered a dedicatory address at the Church of the Advent in titled "Influence of on the Individual and Social Condition of Man." In it, he affirmed profound confidence in the Scriptures as divine revelation, the transformative power of Christ, and 's inevitable progress toward global triumph, emphasizing its role in elevating personal morality and societal order. Johnson frequently integrated Christian principles into his political and legal arguments, invoking the "God of justice" and the moral imperatives of the Christian religion in an April 5, 1864, speech opposing retaliatory measures against Confederate prisoners, arguing such actions would forfeit divine support. He similarly referenced and faith-aligned duties to moral during June 1864 deliberations on wartime conduct, reflecting a shaped by of and restraint. No records indicate affiliation with a specific denomination or a dramatic doctrinal shift, though his rhetoric consistently aligned with Protestant emphases on scriptural authority and providential history. Johnson's defense of religious liberty, including representation of Catholic clients such as John A. Cummings in the 1868 case challenging Missouri's test , demonstrated tolerance without personal adoption of Catholicism.

Death and Legacy

Final Years and Activities

Upon returning from his tenure as U.S. Minister to in 1869, where he had negotiated the Johnson-Clarendon Treaty addressing Civil War-related claims, Reverdy Johnson resumed his private law practice in Baltimore, Maryland. He continued active involvement in legal matters, focusing primarily on corporate litigation while occasionally participating in notable appellate cases. In 1873, he argued before the in Stowe v. United States, challenging the validity of a under federal pension laws on grounds of insufficient attestation. Johnson's health began to decline in his later years; around 1874, he suffered an apoplectic while conducting a case in , from which he partially recovered but which foreshadowed his vulnerability. He maintained residence connections between and Annapolis, where he owned property, and persisted in professional endeavors until early 1876. On February 10, 1876, after dining with Governor James B. Groome at the Executive Mansion in Annapolis, Johnson exited the building and was later found dead in the yard, his skull fractured from an accidental fall amid scattered , likely exacerbated by his prior health issues. He was 79 years old at the time of death.

Achievements and Historical Evaluations

Reverdy Johnson distinguished himself as a leading constitutional lawyer in after admission to the bar in 1815, handling high-profile cases that established his reputation for intellectual rigor and advocacy skill. His early public service included election to the Maryland State in 1821, where he served two years before resigning. Johnson advanced to the U.S. in 1845 as a Whig, chairing the judiciary committee and contributing to debates on territorial expansion and legal reforms during his term ending in 1849. As U.S. Attorney General from March 1849 to July 1850 under President Zachary Taylor, and continuing under Millard Fillmore until March 1853, Johnson oversaw departmental operations amid growing sectional tensions, arguing key cases and advising on executive legal matters. Re-elected to the in 1863 as a Democrat, he championed Union preservation, participated in the 1861 peace convention to avert , and uniquely among Democratic senators endorsed major Reconstruction legislation, including the 1867 Reconstruction Act and black male enfranchisement via the Fifteenth Amendment. In 1868, he resigned his seat to accept appointment as U.S. Minister to the , where he negotiated the Johnson-Clarendon Convention addressing Civil War-related claims until 1869. Historians evaluate Johnson as a pivotal figure in maintaining Maryland's Union allegiance during the Civil War, leveraging his influence to counter secessionist pressures in a border slave state. His progression from initial resistance to —rooted in advocacy—to eventual support for the Thirteenth Amendment and Reconstruction measures underscores a commitment to constitutional unionism over partisan or sectional loyalty, earning praise for pragmatic statesmanship amid ideological shifts. Contemporary accounts and later assessments highlight his legal acumen and mediating role, though his defense of institutional precedents sometimes drew criticism for prioritizing over evolving moral imperatives.

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