With some agitation he
said: "Justice Field, I presume you are aware of the nature of my
errand." "Yes," replied the Justice, "proceed with your duty; I am
ready. An officer should always do his duty." The sheriff stated to
him that he had a warrant, duly executed and authenticated, and asked
him if he should read it. "I will waive that, Mr. Sheriff," replied
the Justice. The sheriff then handed him the warrant, which he read,
folded it up and handed it back, saying pleasantly: "I recognize your
authority, sir, and submit to the arrest; I am, sir, in your custody."
Meanwhile a petition had been prepared to be presented to Judge Sawyer
for a writ of _habeas corpus_, returnable at once before the United
States court. As soon as the arrest was made the petition was signed
and presented to Judge Sawyer, who ordered the writ to issue returnable
forthwith. In a very few minutes U.S. Marshal Franks served the writ
on the sheriff.
While the proceedings looking to the issue of the writ were going
on, Justice Field had seated himself, and invited the sheriff to be
seated. The latter complied with the invitation, and began to say
something in regard to the unpleasant duty which had devolved upon
him, but Justice Field promptly replied: "Not so, not so; you are but
doing your plain duty, and I mine in submitting to arrest. It is the
first duty of judges to obey the law.
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