Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1866-07-21

The opponents Of Gen. Garfield are trying to
fll the District with their croakings 10 reference
to Gen. Garfeld's practice as a lawyer 10 the
Supreme Court Of the United States. They
allege that no defended traitors and conspira-
! tors against The Government and thus screened
them from 1 he Just punishment due to their
crimes, all which is gross and deliberate exag
geration
AS is known, Milligsn and his confederatoe'
were tried by a military commission in Indian
apols, convicted and sentenced to be hung
The jurisdiction Of this military court was dis
puted, having sat 10 State not in rebellion
but true and loyal, and hundreds Of miles IRON
the scene of actual conflict.
Gov. Morton greatly doubted the jurisdic'
ton, and repaired to Washington, and gave bis
views to President Lincoln Mr.. Lincoln was
so far impressed and influenced by them: as to
commute the sentence Of death for ,imprison |
msut for life ip the penteniary, so that If there
had beeu mistake it might not be beyond
remedy or reversal. After the close Of the
war; the case Of these prisoners was brought
before the Supreme Court at Washington, and
upon full hearing aud consideration, the Court
decided that the Commission had not jurisdic-
zion 10 the case. The guilt or Innocence Of the
prisoners was rot involved in the question be.
fore the Court. 1t was simply question OF
Jurisdiction and Of constitutional law. Upon
this question, and this alone, Gen. Garfield sp.
peared and contested the Jurisdiction OF the
Commission. Guilty as the prisoners may have
been, if he was right in his positions, and il the
! Court that sustained his positions was right 10
J its decision, then was q momentous question
decided. one that involved other rights and in.
! terests than those Of the prisoners, and one
which, il decided differently, would have struck
] great blow at the liberties OF the people.
) But the opponents ofGen. Garfield denounco
him as guilty of great improperly as en- ad-
: vocate and upholder Of treason, because he ap-
: peared in the case. How is this 7 Is law.
yer who defends prisoner charged with mur.
der or forgery. or perjury, or treason, or any
other crime, therefore an advocate OF these
crimes
It is a humane principle of law, that every
man charged with an offence shall have coun-
sci to defend him, and if convicted at oil, shall
q
: Law. With a contrary rule, there is no safety
for any citizen.
But n is averred that Gen. Garfield had
never praoticsd, as John Huichins has, before
Z Justice Of the Peace, and In other lower
0 Courts, and, hence, IL vas not his ability % q
lawyer for which he Was employed, but for bis
commanding political influence What an i'm
putatiou is this upon the Supreme Court, at
D the head Of which stands Chief Justice Chase
J, 1t is no less aB insinuation than that they can
be Influenced by improper considerations 1t
is but fair to infer that the men who can them
selves be swayed by improper influences, and
( SO judge Others by themselves.
0 How do they know that Gen. Garfield was
not employed for his ability as lswyer2 Is
he not student OF the law, regularly admitted
. to the Courts and is he not capable OF present
ing a legal question with clearuess and force
: His argument in this very case, characterised
I as it was, by unusual force, and lawyer-lke re-
search and ability, and OF which any lawyer 10
y the land, however old in practice, might be
proud, fully answers these questions.
/ But, ssy his accusers, be had the inducemen'
, Of IN immense fee, and hence, undertook bad
cause, for reward How do they know this
If this were true, as it is not, il is quite likely
t this is the first instance Of the kind oD record
i where a lawyer has been known to undertake
l. an import ant case for generous compensation
We have, not from Gen. Garfield himself
but from sources entirely reliable, the history
}: Of Gen. Gayfeds connection with this case
}. and we take the responsibility without sugges
: tion from any ole, to state the fucts, that the
people may see what reason Mr.. Hatcbins RnC
his partisans have to inculPate Gen. Garfield
on this score.
: Some two or more years ago. Ex-Attorney'
D General Black, having a high regard for the
talents and capabilities of Gen. Garfield, volun-
tarily offered him partnership in the prosecu'
tion OF his profession. 1t was high conpli'
! ment to O younger member of ehe profession
to hove such veteran lawyer as Judge Black
thus voluntarily tender a partnership in busi-
ness. Whatever may be said OF Judge Black s
political aDtecedents, none dispute his great
ability as lawyer, or his loyalty to the Govern
ment. Gen. Garfield neither accepted, nor
i, fully declined the tempting offer. Their friend
" personal relations have continued, and there
: have been frequent consultations between them
r Oh legal questions of great moment.
. 10 the matter OF ex-parte L. p. Milligan, w.
A. Bowles, and Stephen Horsey, Judge Black
had been retained for the prisoners TO contest
|, the Jurisdiction Of their triers, aud the legality
or consti,utionslity OF their conviction and pun
\ ishmenJ
Judge Black. knowing that Gen. Gar6eds
views accorded with his own on The queStloD
in dispu te, solicited bis aid and cooperation in
, the case, and Gen. Garfield yielded to the re-
quest. He never saw or CONSULTED With the
prisoners, and had no other engagement in the
case than that above stated. No amount Of
fees, nor any fee was stipulated, nor has Gen.
Garfield ever received any, nor does be know
t that be ever will. But should he receive some
compensation in the future, it will be Yolnn.
!, tary Offering at the hands oil Judge Black and
we presume none, lawyer or not except the pure
b and inconuptibie Mr.. John Hutchins aud his
retainers, will hold him very cupable for reeeiV.
ing fee for bis efforts 10 the case
This is the whole OF Gen. Garfeld's conDec-
tion with the Gaze. about which so great cry is
being made. This shows that the accusers OF
Geu. Garfield are trying to manufacture causes
= Of approach against him.
t Again, in accordance with the qsasi partner
II ship ofGen. Garfield with Judge Black, these
!. gentlemen are engaged, counsel, in another
. important case. The zill of the late distin-
10 gusbed Alexander Campbell, Of Bethany, West
; Virginia, involving an esi ate OF about quartz,
c Of million of dollars is being contested By the
heirs Of his first wife. Judge Black and Gen
Garfield are retained to sustain the will.
In Shall not Gen. Garfield be assaed for tht
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