Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1876-10-09

TOLEDO, O., Oct. 5, 1876.
To the Editor of the Tole 10 Blade:
observe in the Cincinnati Eng 4irer of ycster-
day letter from Bion Bradoury, L g., an auor-
ney at law of Portland, Maine, in regard to the
decision made by Judge Clifford, of the Uuited
States Supreme Court, in the now famous Neal
Dow case. Mr.. Bradbury is counsel for the plain
tiff in that snt. is fully committed to al is dan
gerous doctrines, and is well known in Maine as
one Of the most rancOrous and uncompromising of
partzan Democrats. lie is fair and full type of
the men whom the loyal Republican sentiment of
the North will have to fight to the bitter end on
all questions of this kind Only two or three points
of Mr.. Bradbur,s letter require my attention,
aud am compelled to write ION the wing" and
of course very hastily.
Mr.. Bradbury intimates that have had in nv
possession, ever since my Boston speech Of Sept
18th, letter from Judge Clarke. of New Hamp-
shire, who sat with Judge Clifford, and dissented
from his opinion. The inference Mr.. Bradbury
desires the public to draw is that have concealed
or withheld Judge Clarte's letter all that time
The truth is Judge arkes letter was not written
Til Sept 22i, mailed the 23d, and has been follow
Ing me from point to point, and finally reached
me at Cincinnati three days since. The letter is
as follows, and give 1t usr5atim ct Meratim:
MANCHESTER, n. H., Sept. %, 1876.
My Dear MIR. aine
My attention has been called to a passage of
your 81 e, CHI at Bo,od IN which you refer TO
suit against Neal Dow, recently heard by Judge
Cliff rd and my-et al Portland.
Your statement Qfthe case is substantially cor
rect and forcibty illustrates the dIaqsr to be dppre
hended from Mese Southern Ucr claims. and ct it
may mi uslce to Ju ige Clifford by leaving
ah impression that he Is III favor of paying such
claims. | hardy think this Is so, and no such in-
feret ce can be drawn from his conduct or decision
| III this Gaze lie heard the in the first in-
stance >ttiug alone. Neither Jddge Shepley nor
Judge Fox could SIT with him. lie had the case
| long time under sdvisement, 1t pres ming a
| question OF great national importance and of fine
plea ing. lie did not wish decide il aloue, and
| il could IN only way he carried TO the Snpreme
! Court to wit, certificate OF difference between
two Judges, b. Cause the amouut being about
: 81 700, 1t could not 20 W on writ of error. To
enable the parie-, therefore, If they wish. to take
the case to the supreme Court, he sent for the to
come and sit with MIN, and sigu the certificate Of
| difference, as did.
Que grea. difficulty in the case is, General Dow
let JUDI meut 20 by default a court recog nized
by Judge Shepley while Military Governor of
New Orleans, anu that iag meut is now sued here
The judgment Is conclusive If the Court had a.
ri,di ton, anu the Court was Que recognizoi by
the Military Govrl nor. aud It's process duly
serveu on General Dow.
The cae is one of difficulty, but | am a. lite
certain Judge Clifford is anxious it should be decd-
ed right. Yours truly.
DANIEL CLARK.
1t will be observed that jude CLARKE frankly
says that my stdtement IF the case mao su5stantiai
~ correct" and uither tina it Jorcibiy illustrates
the danger 10 be dPprehendsd from these Southern
war claims. These remarks by Judge CLARKE
sufic elly answer Mr.. BRADBURY ill.tempered
i'll hammered untruthful assertions respecting the
main point at Issue.
sm not responsible for the report of my speech
at Warren as quoted by Mr.. BRADBURY. l never
saw the reporter, s notes, and never read the ex-
tract quoted by Mr. BRADBURY until saw it in
his letter But | was as,urdly reported incor-
rectly. certainly never dreamed of calling Judge
Clifford "a hungry Democrat" l am too familiar
with the Judges well fed and porty dimensions to
apply to him any such absurd char actt rization.
Neither did reflect on his personal or official in
tegry On the contrary state that one of the
most alarming features Of the decision was that
Judge Clifford belonged 10 that gnerled twisted,
ingraned, incurable school of Bourbon Democra-
cy that honestly believes in just such dangerous and
destructive doctrines as are covered by this dec-
sion.
Mr. BRADBURY says that the only point involved
in Judge CIIFFoRD's decision was the question of
jurisdiction of the Louisiana Court. Precisely |!
The Louisiana Court gave judgment against Col
onel of the Union Army for property seized and
appropriated by toraging squad of the regiment
| judgment was taken by default, Colonel Dow be-
ing with his command in the field, utterly unable
to respond TO a summons, and certainly not dream
ing that civil suits could be broaght in the coun-
Try OF the insurgents against Ulcers of the nvad-
my army of the Union. have always stated the
case with accuracy and neither Judge CLIFFORD
| nor MIR BRADBURY can show why every other Of
/ hcer OF the Union Army may not, in like man
| ner be sued for all the property which hi. COM
mand NAV have seized and appropra lated durir z
| the four years of the rebellion. Judge ClIFFoRp' =
decision is far worse than if it su tanned suit
broul hit since the war for it distinctly recognizes
# it does not positively sirm, that while the wal
was actually going on, fagrante bello, an fticer OF
| the Union army was bound at whatever peril /,
| MINT be to the Union cause, to leave his com.
mand when summoned by local court in the
heat Of the rehellious country. And judge CLIFF
FORD, without looking at The facts which noto,i
ou'N SURF nnded the case-nay, shutting his eve.
To these facts when it required a great eff ,rt tc
close them Recognizes the jurisdiction o. I.oui.
lara court to interfere at the very cri.i. of the WI
with the operations of the Union Army. Judge
CLARKE 'ays; Judge Life RID has had he case
oig time und' advi.em,nt, it pre.eninp a case
| Of gr. we nai,nal importance" The long time
ref rred to by judge CLARKE covers at least ei,h
| years am told. 1t is pot for me to saw thai
Judge CLIFFORD has not had good reason. r.
Withholding his opinion this long time" bu, Il
cannot fail to strike the countr, ,ha, the aeci.ior
is promulgated jist al the time that Judge CLARKE