New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-08-15

THAT is true: hut what do Rosecrans ana JAR

| Won give IL immediate ATTENTION. ne, ,ninh'
| The country will be seriously compromised IL tne
| project is countenanced for moment"
"IIe il night and will give il immediate atten'
ton ! will thank you il you Will write them 10
This was in the latter part Of May, and early m
June following received letter from GarhelI, oi
opinion that the negro project Is every way pad, ana
should be repudiated, and, II possible thwarteu;;
Ii the slaves shonld, OF their own accord rise anu
assert their original right to themselves, ana cut
| their way through Rcbeldom that IS their own
affair; but the Government could have no compile
ity with 1t without outragng the sense OF justice vi
| the civilized world We should create great SYM
| patty for the Rebels abroad, and God knows they
have too much already. hope you will ventll AZ
| the whole thing in THE TRIBUNE and show That the
| Government and people dlsavow IT."
! Another letter from him, which received few
days later said 1.-The negro scheme o. when we
talked been pressed upon us again. ana the etter
| asserts that five out of our nIne department. COM
| manders have approved 1t. Another letter' re-
| ceiyed Yesterday. says one more department mas
| gone into IT, and the scheme is beng rapidly ana
thoroughly perfected, and the blow Will certainly
This last letter showed that no time was to be
| lost. and at once took the tram for Washington,
| and called again on Mr.. Lincoln. He read the TWO
| letters in his quiet. thoughtful way then laying
| them down. and moving his one leg from where IL
| dangled across the other, he said, emphaticaly,
! THAT Garfield Is trump-there Is no discount
upon hat" H.. b ou,oo, ,,,or
| Garfield or any one else, hastily assented, and
| was about TO ask him what he had done abont the
| negro project, when he went on, DO you know,
| that Job of his tho Big Sandy was the cleanest
| thing that has been done in the war. us some
thing to have been born IN log shanty.~
" Aud to have split rails" replied smiling,
Yes" he answered. and III bet 'arhed mas
~ don't know about him; but it is fact that
his mother has" .r,r
counts for Garfeld-he had good mother"
Then subsdng into serious mood, he added,
But as Garfield says, that negro business - bad
| Il can't atlp
put my foot upon IT,
suggests, Dir: Lincoln-shail do that = ,,,-,..
"Not vet: have scOtcLed the snake. not killed It,
When il IS dead Will be time enough TO preach It's
funeral sermon"
And you VIII let me know when you are ready
lie promised that he would and soon the inter-
view ended.
from Mr. Lincoln, wrote him, asking II the time mad
not come when | could properly ventilate the ne
gro project not so desir0ns OF giving II pub
hclty a. anxious To hear of It's having been sup
pressed: and ii he consented to publication II would
indicate that fact clearly. HIS reply - before me-
in letter from his private secretary. MI John u.
NIcoiay dated June H. 1864. SO much OF the letter
as refers to this subject Is as follows; me fres-
dent has no objection whatever 10 your publishing
what Won propose concerning the negro nsuriectl0n,
providing you 40 not IN any way connect HIS haino
do not assert that this projected instruction was
not what Mr.. Lincoln at hrst surmlsed IL might De-
and Garfield (and the President als0l believed
II to be a real danger, which threateDed the Soujh
with all the horrors OF 81. Domingo ana would
merely call attention to their action in relation TO It,
IL Christian men acted more Ike Christians, or
if any man. Christian or heathon, ever uttered more
magnanimous sentiments toward threatened
enemy than those written by Garfield, have yet to
know 1t.
Itmay be doubted whether the Democratic party,
which has put forward General Hancock as repre-
sentative Of the supremacy Of civil over military
thority Will be pleased displeased to learn from
Edmund Krke' how ably General Garfield sustained
that principle long before Hancock issued his Order
No. 40:
Judge Black of Pennsylvania, acting as attor-
ncy Tor some Indiana Democrats who were trying to
save three men-Ni!ligan Bowles and Horsey-clti-
zons of Indiana. that had been convicted and sem
fenced for conspiracy against the Government, IN
preventing eulistnents and encouraging assertions
flom the Army. They had been tried in 1864, while
the war was pending, and had been sentenced to
death by military commission sitting in Indiana
where no war existed. Mr.. Lincoln had committed
their sentence to Imprisonment for life. and they
were then III the State Prison of Indiana. Their
friends test the consttutionaity and legality of
their trial had taken out writ of habess corpus
and brought them before the two Judges OF the Cir
cult Court of Indiana, who had disagreed and GER
titled their Disagreement up to the Supreme Court
of United States Judge Black had seen what Gar
fe had said years before in Congress, and now
came TO HIM and asked II be was wiling to say the
same thing in an argument before the Supreme Court.
Garfeld's answer was " That depends altogether
| upon the nature OF your case" Judge Black then
gave HIM briefly the facts OF the case, and the
record OF the trial. Garfield read IT, and on meeting
| Judge Black again. said " believe III that doe
| trlne." The astute old lawyer then said to the
| young Congressman. Young man, ltls perilous
thing young Republican in Congress TO indorse
such doctrines. and ldont want yon to injure your
self" " That consideration" answered Garfield.
does weigh with me. believe in English lib
erty aud English law but, Judge Black, 1 am not a
practitioner in the Supreme Court. and never tried
| u case III any court in my life" The Judge an
swered. :" How long ago were you admitted to the
| Bar ~ About SIX years." said Garfield. THAT
Will do" SAID Judge Black you must now be ad-
mtted to the supreme Court, and try this with
| me-" Garfield was admitted, and at once entered
| upon tins important case.
There was "a strong array Of counsel on both sides
| The prisoners were represented by the Hon. j. s.
| Black of Pennsylvania, the Hon. David Dudley
| Field OF New-lork, the Hon. j. +. Mcdonald, of
Indiana, who had been on the bench of that state,
and General Garfield; the Government by the Hon.
| James Speed, ATTORNEY General. the Hon. Henry
Stanberry, aud General s. f. Butler, who was called
III because OF his military AZ well ~ legal kn0wl-
edge. Garfield sat down to his work after his usual
| fashion, and soon mastered the subject thoroughly
| With the exception OF four or five hours given To
sleep he studied two days and two nights and then
had wrought out the points OF his argument. On the
Hiv before the rial the counsel Tor the prisoners
met III Washington to determine upon the conduct
OF the case As soon as they had come together,
| Judge B. ack said, I'VE will hear first from our
| Youngest member. Garfield, what do you intend 10
| say I" He took his points cOolly, and stated
succinctly the line of his argument. When he was
|
| change word or one point"
| On the following day the case was tried IN the
| Supreme Court. Mcdonald opened for the prls-
oucis; Garfield followed him Black followed HIM
| ana David Dnley Field closed the argument And
| the case was decided IN their favor
Garfield spoke TOR two hours and his argument
| which WAS reported In shorthand, printed IN
| pamphlet foIm and gwen wide circulation. by
| eminent legal authority IL was pronounced con
| elusive and mastery Ii gave him at once hi Oh
| standing in the Supreme Court, and soon brought
| HIM many important cases. The men he mad de-
| Tended poor and IN prison Garfield had never
seen them never had any relation with them, and
was never paid for his services in any other way
| than 10y the valuable practice which came TO him
| IN consequence of defending them. He has since
! mayer h.eu wi mont "A III the Supreme COurt.