The Portland daily press., 1884-09-03
Judge Clifford and Mr.. Blaine.


attack Mr.. Blaine by raking up somewhat
bitter controversy of the campaign Of 1876.
Perhaps Mr.. Clifford would have been wise
not to stir that matter, but since he did, COM
mon justice requires that MIR. Blaine's side Of
it be stated, at least in part. That may be
done by quoting Mr.. Blaine's letter Of Oct ober,
1876, written at Toledo, Ohio We give it in
full:
TOLEDO, o., Oct. 5, 1876.
To the Editor Of the Toledo Blade:
observe in the Cincinnati Enquirer of yesterday
a letter from Bion Bradbury, Esq, an attorney at
law of Portland, Maine, in regard to the decision
made by Judge Clifford, of the United States
Supreme Court, in the now famous Neal Dow case.
Mr.. Bradbury is counse, for the plaintiff in that
suit, is fully committed to all its dangerous doc
trines, and is well known in Maine as one of the
most raneorous and Incorporating of partizan
Democrats. He is fair and full type of the men
whom the loyal Republican sentiment of the North
will have to fight to the bitter end all questions
of this kind. Only two or three points of Mr..
Bradbury's letter require my attention, and I am
compelled to write son the wing" and of course
very hastily.
Mr.. Bradbury intimates that have had in my
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 opinion. The inference Mr.. Bradbury de-
sires the public to draw is that have concealed or
withheld Judge Clarke's latter all that time. The
truth is Judge Clarkes letter was not written till
September 22d, mailed the Esd, and has been fol-
lowing me from point to point, and finally reached
at Cincinnati three US SINCE The letter is as
follows, and give it uerbatim ct literatlm.
MANCHESTER, N. H., Sept. %, 1875.
Ny Dear Mr. Blaine:
speech at Boston, in which you refer to suit
against Neal Dow, recently heard by Judge Cliff
ford aud myself at Portland.
Your statement Of the is substantially correct
and f0Tcibty illustrates the danger to be dppre-
heEded from these Southern claims and yet il
may do injustice to Judge Clifford by leavi G an
claims. 1 hardly think this so, and no such in
ference can be drawn from his conduct or decision
in this case He heard the case in the first in
stance sitting alone. Neither Judge Shepley nor
Judge Fox could sit with him. He had the case a
long time under advisement, it presenting ques-
ton of great national Importance and of fine plead
ing. He did not wish to decide 1t alone. and it
could in only one way be carried to the Supreme
Court, to witt, certificate of difference between
two Judges, because the amount being about 81 !,
700 it could not go up writ of error. 10 enable
the parties, therefore if they wish to take the
to the Supreme Court, he sent for me to come and
sit with hum, and sign the certificate of deren CO.
as did.
One great difficulty in the case is, General Dow
let Judgment go Dy de1anlG IN court recognized
Dy Juuse oeepiey wnlle Military Governor OF New
orleans. and mat Judgment Is now sued mere. Ihe
Judgment is conclusive if the Court had jurisdic.
tion, and the Court was one reco gnized by the
Nldtary governor and It's process was duly served
The case is one of difficulty, but am quite GER
tain Judge Clifford is anxious it should be decided
right.
Yours truly, DANIEL CLARKE.
1t viii be observed that Judge Clarke frankly
cove hot nv, ~
% cosc and further tSa nc q ''ss 'D~s 'aJsas
the dnnoer IN he o,,nrebsoe5 from, ,boss Co,,,bo,
nv s..O'...s 80 =
S00T ctdtWS' Inese remarks ny Judge clarke sur
feiently answered Mr.. Bradbury's ill-tempered.
III yrannarad nntrutbfrl ossortions raSnao+,ro ~
~ '"0
main point at issue.
Ian not responsible for the report of nv speech
of warran as orotad br Mr. pradhrr -.
saw the renorter;s notss and never rsad N
Tnotad hv wr Rrodb,|r, 1,rti % ~ ~ ~ ~ M;
Bnt was assnrediv re5orted incorrectly i'' cs
toirly never Jrao n,ad ~ oaIIn TndS E,,4r, ~.
6,91y,, Nemocrst am tnse 1amgi;or I1;th "a
TnSSgass vii IA and nortly dnan mdSm tH t
nn 20 h,D1 on% rch PnsG uansnsions 70
%PpSS " ii5 J y. w aDSuiu 1nal act .S
territy. On the contrary I state that one of the
M a. siarning faatnras ~ the dao;s;O 9as .S9
ir5Se 1I;ffo,S haoncrad ~ th+ i. was ina
sined incnrsbIa scboo Of RoSh
that honestIu believes in inst snch dangerons any
S9octrines os US ooad "a u
ION ~ W. 90 'Ao o0'0A0" " ING "eois-
I'M NJ Rrodhnr,, .ora 4to, 81 ...,,, ;.
Indoe 1ffrd;s dacis;o mas th ~ i
Sictfon Of tba Ton;s;ana $780, 1glt ms
Iousiana Tonrt oaya ;ndoent i,'st ng
of the TTnion Arr5v co. nrone,tr s;aa5 "a ~
nriated nv f1raoips sonad If he re,inan+ pa
nent Was taken Sy dafant Coione, nv, bi,J
h;s Command in tie Had ttsr pelng VIII
TO snmnoons aN% @ unaDie 70 Lesponu
ii suits could be brought in the conntrv ~ he IN
sureents AGAINST oficsrs IF the invadin a 20 ,h
1fion S S ~ VI sae IN u e aIny VI lhe
eyand neither uys Sslitf"rd nor M WIN
can show Ivhv eveTv other ofScer of ths Tro "A
NV NAV 1ot IN lie ynonnar ~ 80. -
for ali the property which his com.
mand NAV ha va sa;1ad and onnronria+od ov ~
fonr Years Of me rehsl;on PnSa GFo tDs
ion is far worse than If il sustained snir bronobt
since the war for it distinctly recognizes If If does
NOT nostively affirm that while the va ,TaS
ally going on, aagrante 6e1o, an officer Of the
Union army was bound at whatever neriI II misbt
BE- to the Union Ieause to leave bis Con-
mand when Summoned Nv Local CONT n az
hear If fine rehaIIions ooIntr1 ADS go c,I;s
ford without 10 king at fine facts which ,,otoons
ly Surrounded the case-nay shnttinS his ewes 10
Ihese facts when IL Tenuired great ef4ort ~ oIose
them-recognizes the jurisdiction of a Louisiana
court to interfere at the very crisis of the war with
the operations o the Union army Tndoa ClarLa
saws Judge Clifford has had the case q Iona n1ae
under adylsement it presenting a case of grave
National importance" The 1loue time, referred
to by Judge Clarke covers at least eioht wears I
am told. 1t is not for me to saw that ,Judqe Gle
ford has not had good reasons for withholding his
opinion this s1long time.D but il cannot faii r.
strike the country that the decision Is promuloated
just at the time that Judge Clarke thinks there ia
changer to be apprehended from these Southern
war claimso have no right to conn,ant ~, T,S,a
Clifford s motives, and do not assume to to indse
them, but have a perfect right to discuss the
mood and tense of his remarkable opinion. And
the danger concealed under that opinion i greatly
enhanced by the reported depression of the Demo-
cratic candidate for the Presideney that sepeT SOL
der tcho marched across Southern, soil qr0s a fTeS-
pdsSer and liable to suit for daages in an action
FOR fres0nss Fx-Governor TTnGervood ~ w.
mont declares that Mr.. Tilden made This tdentical
declaration to him during the war
The dangers to which called attention. "a ex
emplified BY Judge ClifGords opinion. were sinh
these: .
l. That an army oficar can ba sned ond oov,
PEELED by Judgment of court to nav for pronertv
seized by him or his soldiers at the South dnrn the
war. -
2. That in such suit, by decision Of the Sn-
preme Court touching cotton cases hafore +ba &c.,
of Claims no proof whatever can he reonire6 that
the plaintiff was not rebel but thar he NAV recov
er without such proof.
3. That such a suit may be brought and indy
ment recovered in any Southern State Conrf op5d
then the Judgment sued in Inited States Coyra ~
the North and the Judgment affirmed and fine OH
Ger compelled to pay by the process of fine rnitad
States Court.
No answer has been made to anv of these poin+s
by Mr.. Bradbury He saws that Bradisb johnson
the plaintiff was in fact loyal but he does NOT AZ
sert that any such fact was proved or thar .Tndga
Clitfords opinion makes any distinction wbstegss
between a loyal citizen and a reheI Ard ais
point illustrates the very DANCER T hove bae,, t
ing to point out and most forcihiv raSent nv
rapid progress we are msking toyyaPrSs x ;no
Southern claims REGARDLESS Of fba 1o1aItr X ytbs
claimant ''J " '"0
States Treasury is safe from the f1ghtfpI raid nov
imnendlno over N Rnt Srhat 7 90 49,, ~ 80, -"