WILLIAM JOHNSON, JR.
(1771-1834)
Courtesy of ballotpedia. https://ballotpedia.org/William_Johnson,_Jr
Meet William
William Johnson, Jr. was born as the second son of William Johnson and Sarah Nightingale on December 27, 1771 and graduated from Princeton with the highest honor in 1790. He was described as steadfast in his opinions and beliefs, unbending to the popular opinion, which made him unpopular with several of his peers. Despite this, he successfully expanded the court during his years as a politician and justice. In 1793, he read law with Charles Cotesworth Pinckney and got admitted into the South Carolina Bar. He then married Sarah Bennet in 1794 and won the election to the House of Representatives that same year in October as a Democratic-Republican.
During his three terms in office, he successfully expanded the Constitutional Court, got appointed in one of the new seats, and was elected as Speaker during his last term. However, he also demonstrated his faithful belief in maintaining the balance of political power in the states by dissenting against both Jay’s
Treaty and the Alien and Sedition Acts, both of which were popular amongst his party. He then left office in December 1799. On March 22, 1804, he became the first Democratic-Republican to be appointed to the US Supreme Court through President Thomas Jefferson’s recommendation after Jefferson failed to reorganize the judicial branch by impeaching judges. However, their friendship became strained after Johnson, Jr. voted against enforcing the Embargo Act.
During his time on the Supreme Court, he wrote 32 dissents, nearly half, and 23 concurrences, almost two-thirds. His firm beliefs in justice were further demonstrated by his 1822 essay, “Melancholy Effects of Popular Excitement”, which was published in Charleston Courier, that criticized the irregular proceedings of Denmark Vesey’s trial, an opinion his brother-in-law Governor Thomas Bennet, Jr. agreed with. However, this essay had the unfortunate effect of further alienating and agitating white Charleston citizens who became more afraid of slave revolts and seeked to restrict the freedom of freedmen.
His decision in Elkison v. Deliesseline, which declared the Negro Seaman’s Acts as unconstitutional and established the commerce clause as a restraint on state power, was ignored by the general public and prompted discourse on nullification and succession in South Carolina. In 1830, he denounced nullification since it went against his beliefs of defining the relationship between federal and state governments as concurrent powers to encourage cooperation between the two rather than establishing them as mutually-exclusive powers. He then died in Brooklyn, NY on August 4, 1834.
William Johnson's South Carolina
The American war for independence began on April 18, 1775 after General Thomas Gage failed to arrest patriot leaders without avoiding bloodshed, and the Continental Congress appointed George Washington as commander of the Continental Army in June 1775. South Carolina became the second state to draft a state constitution in March 1776. In June 1776, William Moultrie successfully commanded troops to win the first battle against the British at Sullivan’s Island; however, in 1780, Charleston fell, securing the British a base in the South. Guerrilla campaigns by Thomas Sumter, Francis Marion, and other patriots prevented them from reclaiming the South.
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Battle of Fort Sullivan. Courtesy of The History Junkie. https://thehistoryjunkie.com/battle-of-fort-sullivan-facts/
In October 1777, General Horatio Gates won the Battle of Saratoga, convincing France to agree to become the colonies’ allies and creating a turning point in the war. The British then focused their war efforts more on the South, believing there were more loyalists there, but Generals Nathanael Greene and Daniel Morgan prevented the South’s takeover. In October 1779, Henry Laurens, a Charleston native and one of the presidents of the Continental Congress, was sent to Hollands to negotiate a treaty and loan but got captured by the British on September 3, 1780. He was imprisoned in the Tower of London on October 6, 1780 until he was exchanged for General Lord Charles Cornwallis, who lost the Battle of Yorktown in 1781. He joined John Jay, John Adams, and Benjamin Franklin to negotiate the Peace of Paris, which was signed on September 10, 1783, officially ending the war.
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When attempting to determine the amount of delegates each state would have for the House of Representatives at the US Constitutional Convention of 1787, there were three proposals: the Virginia plan, which suggested each state would be represented based on their population or wealth; the New Jersey plan, which suggested each state would be equally represented; and the Connecticut plan, also known as the Great Compromise, which proposed both. However, this raised the issue of how the population would be counted since slaves were not free people. Eventually, they came to an agreement known as the three-fifths compromise, which stated that only three out of every five non-free persons would be counted as part of the population, allowing the South to have more delegates than they would otherwise.
Their population would only increase with the invention of the cotton gin by Eli Whitney in 1792 with the encouragement of his employer Catherine Greene. It was introduced to South Carolina in 1801 and caused the slave trade to be reopened in the state in 1803. This caused an increase in plantations and slave labor, inhibiting city growth and industries and causing South Carolinians to rely on cotton as their source of income. In 1808, the international slave trade was ended by the US government, which limited their population growth. Unfortunately, the price of cotton dropped from 25 cents in 1808 to 14 cents in 1810, causing financial issues since they needed to make at least 20 cents to make ends meet. Several South Carolinians became belligerent with the belief that the embargo was hurting commerce, which was mirrored by their congressmen, and on June 18, 1812, the War Hawks successfully convinced congress to vote 79-49 in favor of Congressman John C. Calhoun’s recommendation to start war against England.
In 1822, Denmark Vesey attempted to organize a slave revolt on June 16, but one of the slaves told their masters, leading to the arrest of suspected conspirators. The revolt resulted in stricter control over slaves and free blacks, such as prohibiting the freeing of slaves through will or deed. However, Governor Thomas Bennet, Jr. did not support the injustice of the trials and the restrictions put in place, resulting in the election of Governor John L. Wilson. South Carolina also passed the Negro Seaman Acts, which was highly controversial since it affected ships outside of South Carolina by requiring free blacks to be held in detention during the duration of the ship’s visit and requiring the captain to pay for those expenses or they would be sold into slavery.
This escalated tensions between north and south since South Carolina obstinately continued detaining free blacks even after the act was declared unconstitutional by the US Circuit Court and US attorney general in 1823. In 1842, Congressman John Quincy Adams attempted to investigate, but South Carolina representatives accused him of going against their states rights, which later became one of the rationales for leaving the Union.
On Dec 10, 1832, President Andrew Jackson issued the Proclamation to the People of South Carolina better known as the Nullification Proclamation, which stated that states did not have the right to nullify a federal law, in response to the South Carolina convention declaring the tariff acts of 1828 and 1832 as going against the constitution and, therefore, null and void in South Carolina. In addition, he also passed the Force Act, which allowed the usage of the military against states resisting the tariff acts. In 1833, Henry Clay negotiated with John C. Calhoun to create the Compromise Tariff of 1833, ending the nullification crisis.
Denmark Vesey
Courtesy of The Charleston Chronicle. https://www.charlestonchronicle.net/2018/11/12/denmark-vesey-exhibit-opens-november-15-at-the-charles-h-wright-museum-in-detroit/
Denmark Vesey was born in 1767 and sold to Joseph Vesey as a slave in 1781. In 1799, he won a $1500 lottery and bought his freedom before setting up a carpentry shop in Charleston. In 1822, he attempted to organize a slave revolt on June 16 to capture Charleston to either set up a state or escape to Haiti. However, as word was passed to other slaves, one of them told their master, and suspected conspirators were arrested before the revolt began.
They had their trials in accordance with the colonial code of 1740, allowing the Justices of Peace to select the court with no jury nor appeal, with some modifications by Robert Y. Hayne and Joel Poinsett to ensure there was due process by ensuring the owner of the slave or a counsel was present during the trial, no death sentences were given based on a single testimony, and anonymous witnesses were allowed to testify. This last modification was especially horrifying to Governor Thomas Bennet, Jr., who attempted to save his slave Batteau from execution by appealing for a delay only to get denied. His disapproval of the trial later cost him the election against James Hamilton.
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Out of the 131 persons tried, 35 were found guilty and
hanged, 12 were sentenced to death though their punishment got changed to banishment, 22 were found guilty and sentenced to banishment from the United States, 36 were acquitted, and prosecution against 25 were dropped. Vesey was among those sentenced to execution, and he died on July 2, 1822 in Charleston.
The trial magnified fear within white Charleston citizens who believed that there needed to be stricter and more rigid control of black churches since that was where the conspirators met and more restrictions on free blacks to ensure they would not be able to plan a revolt. This led to the construction of the Citadel to maintain control over the black population and the passage of the Negro Seaman Acts, which stated that free black sailors would be incarcerated during the duration of the ship’s visit and could only be released by bail from the Captain of the ship or be sold into slavery, since the revolt depended on assistance from free black sailors. Denmark Vesey was later used as a rallying cry and held as a hero during Civil War by abolitionists, inspiring African American soldiers.
Ogdens v. Gibbons
Aaron Ogden had a special license from the state of New York to operate steamboat ferries between New Jersey and New York, but Thomas Gibbons ran two ferries along that route. Ogden filed an order against Gibbons in a New York state court with the claim that the state gave him exclusive rights to operate between New Jersey and New York. Gibbons responded by saying a 1793 act of Congress allowed him to use that route. The New York court ruled in favor of Ogden, so Gibbons appealed to the Supreme Court, which ruled that the license went against the Federal Licensing act of 1793.
The judges decided that the Commerce Clause of Article I, Section 8, which allowed Congress to regulate commerce, included transportation methods. Since Congress was allowed to pass laws that regulate commerce if it isn’t confined to one state, they had the authority to regulate the steamboat trade, making New York’s license unconstitutional. Justice William Johnson, Jr. wrote the concurring opinion, arguing that the national government has exclusive power over interstate commerce. This decision expanded the powers of Congress involving commerce and trade and prevented the establishment of a monopoly in interstate steamboat operations.
In the Stacks
Justice William Johnson by Donald G. Morgan
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Sketches of the Life and Correspondence of Nathanael Greene by William Johnson, Jr.
References
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“Denmark Vesey.” National Park Service. July 17, 2020. Accessed April 5, 2021, https://www.nps.gov/people/denmark-vesey.htm.
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Drexler, Ken. “Nullification Proclamation: Primary Documents in American History.” Library of Congress. April 3, 2020. Accessed April 5, 2021, https://guides.loc.gov/nullification-proclamation.
"Gibbons v. Ogden." Oyez. Accessed March 28, 2021. https://www.oyez.org/cases/1789-1850/22us1.
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McBride, Alex. “Gibbons v Ogden (1824).” Thirteen: Media with Impact. Accessed November 22, 2015, https://www.thirteen.org/wnet/supremecourt/antebellum/landmark_gibbons.html.
“Overview.” Library of Congress. Accessed April 12, 2021, https://www.loc.gov/classroom-materials/united-states-history-primary-source-timeline/american-revolution-1763-1783/overview.
Powers, Bernard E., Jr. “Negro Seaman Acts.” South Carolina Encyclopedia. University of South Carolina, Institute for Southern Studies, October 20, 2016. Accessed March 28, 2021. https://www.scencyclopedia.org/sce/entries/negro-seaman-acts/.
Schur, Joan Brodsky. “Eli Whitney’s Patent for the Cotton Gin.” National Archives, September 23, 2016. Accessed April 9, 2021, https://www.archives.gov/education/lessons/cotton-gin-patent.
Stucky, Scott Wallace. “Elkinson v Deliesseline: Race and the Constitution in South Carolina, 1823.” North Carolina Central Law Review 14, no. 2 (1984): 361-405. https://archives.law.nccu.edu/cgi/viewcontent.cgi?article=1437&context=ncclr.
“The American Revolution in South Carolina.” Digital Collections - University of South Carolina Libraries. Accessed April 12, 2021, https://digital.library.sc.edu/collections/the-american-revolution-in-south-carolina/.