ng to prevent enlistments and to encourage
desertion. They had been tried in 1864, while the war was going on, and
by a military commission sitting in Indiana, where there was no war,
they had been sentenced to death. Mr. Lincoln commuted the sentence to
imprisonment for life, and they were put into State's prison in
accordance with the commutation. They then took out a writ of _habeas
corpus_, to test the constitutionality and legality of their trial, and
the judges in the Circuit Court had disagreed, there being two of them,
and had certified their disagreement to the Supreme Court of the United
States. Judge Black said to Garfield that he had seen what Garfield had
said in Congress, and asked him if he was willing to say in an argument
in the Supreme Court what he had advocated in Congress.

"To which Garfield replied: 'It depends on your case altogether.'

"Judge Black sent him the facts in the case--the record.

"Garfield read it over, and said: 'I believe in that doctrine.'

"To which Judge Black replied: 'Young man, you know it is a perilous
thing for a young Republican in Congress to say that, and I don't want
you to injure yourself.'

"Said Garfield: 'It does not make any difference. I believe in English
liberty, and English law. But, Judge Black, I am not a practitioner in
the Supreme Court, and I never tried a case in my life anywhere.'

"'How long ago were you admitted to the bar?' asked Judge Black.

"'Just about six years age.'

"'That will do,' Black replied, and he took Garfield thereupon over to
the Supreme Court and moved his admission.

"He immediately entered upon the consideration of this important case.
On the side of the Government was arrayed a formidable amount of legal
talent. The Attorney-General was aided by Gen. Butler, who was called in
on account of his military knowledge, and by Henry Stanbury. Associated
with Gen. Garfield as counsel for the petitioners were two of the
greatest lawyers in the country--Judge Black and Hon. David Dudley
Field, and the Hon. John E. McDonald, now Senator from Indiana. The
argument submitted by Gen. Garfield was one of the most remarkable ever
made before the Supreme Court of the United States, and was made under
circumstances peculiarly creditable to Garfield's courage, independence,
and resolute devotion to the cause of constitutional liberty--a devotion
not inspired by wild dreams of political promotion, for at that time it
was dangerous for any y