Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1866-06-20

I liean associates. Mr. Davis speech which
was published in full in the Nsi0 York DdilJ
| Tribune, shows Gen. Garfeld's position il
that case.
THE INDIANA CONSPIRACY CASE.
This case properly belongs to the Congress
sional record of Gen. Garfield, as it was evi
IDENTIFY by virtue of his position as a member
of Congress, from one of the most radical
districts in the United States, that he was
\ employed by the conspirators in that case
1t was not his reputation and standing as 8
lawyer, that caused them to engage him.
Gen. Garfield has been admitted to the bar,
but has never practiced law to any extent,
anywhere. His avocation has been that OF
Minister of the Gospel in the Disciples
church, and teacher in the Institution at
Hiram, Ohio. In these responsible and most
useful avocations, he sustained himself well,
and was regarded able and efficient in both.
He did not and could not, acquire any repu-
tation as a Lawyer in these avoeations. He
had been in the army and had borne a num-
Der of military Commissions, and quite like
ly this may have had some influence with
the Indiana COnspirators, when looking
about for the most available man to employ
as counsel The following is statement of
the case 4:
"In September, 1864, L. P. Milligan, w.
A. Bowles, Stephen Horsey, and others, were
arrested and brought before military COM
mission at Indianapolis, Indiana, charged
with being members of the order of "Ameri-
can Knights" or ''Sons of Liberty" in
league with armed rebels, and with having
lconspired to release the rebel prisoners of
-o1 - ~
prisons at Indianapolis, Chicago, and Rock
Island. The three parties named, after a
protracted trial, were found guilty of the
charges and specifications preferred against
them, and condemned TO death. The findings
and sentence were approved by President
Lincoln, and promulgated by the War De-
partment on the I'd OF May, 1866, and on the
10th day of the same month was fixed for
the execution. On the 10th of May, howev-
er, they applied by petition to the circuit
court of the United States for the district OF
Indiana, (Judges Davis and McDonald) for
a writ of hG6eas corpus, or for an order OF
discharge, under the act of Congress appro-
we'd March Sd, 1868, entitled Gan act rela-
ting to hGbeds corpus, and regulating judicial
proceedings in certain cases." The judges
of the circuit court were divided in opinion
upon this application, and certified the fol-
lowing questions, on which they differed, to
the Supreme Court for decision:
l. son the facts stated in said petition
and exhibits, ought writ Of habeas corpus to
be issued according to the prayer of said
petition ?"
2. son the facts stated in said petition and
exhibits, ought the said parties to be dischar-
ged from custody, as in said petition prayed?'
8. "Whether, upon the facts stated IN said
petition and exhibits, the military commits
sion mentioned therein had jurisdiction le-
gallY to try and sentence said parties in
manner and form as in said petition and ex-
hlbits is stated ?''
After the action of the circuit court, GER
tifying the case to the Supreme Court fol-
final decision, the President commuted the
sentence of the petitioners to imprisonment
for life"
Gen. Garfield appeared in the Supreme
Court, and argued the case as one of the
counsel for the conspirators. A majority Of
the Court decided that the military commits
sion had no jurisdiction to try the case. The
guilt or innocence of the parties, was not in
issue. There IS no doubt that the prompt
trial and conviction of these dangerous con-
spirators, by military commission saved the
north west from a rebellion in. the interest
of the so called Confederaey. 1t is reported
that the Supreme Court stood five Judges
against, and four, including Chief Justice
Chase, in favor of the legality of the trial
before the military commission. The deeis-
ion in this case will stand in the public judg-
Inent with the Dred Scott case, and L think
will rank about as high in authority and re-
spect.
If the trial of these conspirators was ille-
gal, then the trial of the conspirators for the
assassination of the lamented Lincoln, was
illegal
MiIligan, one of these conspirators, has
recently been making a speech in Indiana,
and here follows brief extract from the
came, which will sufficiently show the amin
ses of the man:
she attributed to New England puritan
ism the origin of all the evils of the land,
and described the Yankee soldiers as the
mercenary, unprincipled, thieving instru-
ments that executed its designs. He charac-
terized them as foreign soldiers, quartered
upon the people of Indiana and other States
The power of the majority was more vast
than that of a single monarch, for no one
man could possess, in a high degree, all hu-
man vices-not even Lincoln, Brough
or Morton. Among the greatest sinners
individuals, and though he was not prone tC
believe in special providenees, their fate wal
otherwise unaecountable. One had been
summoned to the bar of retributive justice
with his sins unrepented of. Another, COW
cred all over with the mildew of debauchery
and wrapped in exhalations from which buz
yards would turn their offended noses, car
ried to the grave the impress of infamy
while there yet remains one of the Codes;
trio; but the plague is on its Westward march
his limbs are smote with the blood Of crime,
and tremble under their load of corruption.
Still he prayed that the Governor might live
long enough to realize in this world, rather
than the next, that God is just"
Comment is unnecessary-but q single
question may be asked. Was it just to {
confding eminently loyal constituency, tina
Gen. Garfield should use the influence, which
their votes gave him, to procure the discharge
of such men?
)SSp-s-