But he never practiced in any court until 1866. In this place there can be mentioned only his first case, in which he argued before the United States Supreme Court. Afterwards he had about thirty cases in that court, and often appeared in State courts. At one time Judge Jeremiah S. Black, a lawyer of National reputation, offered him a partnership. Financially it would have been a good thing for Garfield, but fortunately for his constituents and for the country, he refused. Yet, in the language of Stanley Matthews, now of the U. S. Supreme Court, Mr. Garfield actually ranked “as one of the very best lawyers at the bar of the whole country.” In 1864, L. P. Milligan, W. A. Bowles, and Stephen Horsey, three citizens of Indiana, were arrested in that State on charges of treason. There was no doubt that they were guilty of the crime. But, unfortunately, they were not tried according to law. No government can long hold such absolute powers as were given to our government during the rebellion, without developing in some degree a carelessness of the forms of law which is fatal to liberty. Indiana was not the scene of war. Her courts, and the United States courts there were open for the prosecution of criminals. Yet these men were arrested by the military department, tried by a military commission, and condemned to be hanged. Lincoln commuted their sentence to imprisonment for life, and they were sent to the State penitentiary. At this juncture a petition was presented to the U. S. Circuit Court for a writ of _habeas corpus_, to test the legality of these arbitrary proceedings. The judges of that court not agreeing, the points on which they disagreed were certified up to the Supreme Court. These points were: “1. On the facts stated in said petition and exhibits, ought a writ of _habeas corpus_ to be issued according to the prayer of said petition? 2. On the facts stated in said petition and exhibits, ought the petitioners to be discharged from custody, as in said petition prayed? 3. On the facts stated in said petition and exhibits, had the military commission mentioned therein jurisdiction legally to try and sentence said petitioners in manner and form as in said petition and exhibits is stated?” This was the case. On March 6, 1866, it was to be argued. The eminent counsel engaged therein were: Hons. Joseph E. McDonald, Jere. S. Black, James A. Garfield, and David D. Field, for petitioners; Hons. Benjamin F. Butler, James Speed, and Henry Stanbery, for the Government.