The General Assembly elected Garfield to the Senate in January 1880, though his term was not scheduled to commence until March 4, 1881.[130] Garfield was never seated in the U.S. Senate.[131]

Legal career and other activities[edit]
In 1865, Garfield became a partner in the law firm of a fellow Disciple of Christ, Jeremiah Black. They had much in common, except politics: Black was an avid Democrat, having served in the cabinet of President James Buchanan.[132] The next year, Black was retained by some pro-Confederate northern civilians who had been found guilty of treason in a military court and sentenced to death. Black saw an opportunity to strike a blow against military courts and the Republicans.[133] He had heard Garfield's military speeches, and learned of not only his oratory skills but also his resistance to expansive powers of military commissions. Black assigned the case to Garfield one week before arguments were to be made before the U. S. Supreme Court. When Black warned him of the political peril, Garfield responded, "It don't make any difference. I believe in English liberty and English law."