Mr. Carey, United States district attorney,
and Messrs. Herrin, Mesick, and Wilson, special counsel, appeared on
behalf of the petitioner, and contended for the jurisdiction, and for
the discharge of the petitioner upon the facts of the case. They did
not pretend that any person in the State, be he high or low, might not
be tried by the local authorities for a crime committed against the
State, but they did contend that when the alleged crime consisted in
an act which was claimed to have been done in the performance of a
duty devolving upon him by a law of the United States, it was
within the competency of their courts to inquire, in the first
instance, whether that act thus done was in the performance of a duty
devolving upon him; and if it was, that the alleged offender had
not committed a crime against the State, and was entitled to be
discharged. Their arguments were marked by great ability and learning,
and their perusal would be interesting and instructive, but space will
not allow me to give even a synopsis of them.
The court, in deciding the case, went into a full and elaborate
consideration, not only of its jurisdiction, but of every objection on
the merits presented by counsel on behalf of the State. Only a brief
outline can be given.
The court held that it was within the competency of the President,
and of the Attorney-General as the head of the Department of Justice,
representing him, to direct that measures be taken for the protection
of officers of the Government whilst in the discharge of their duties,
and that it was specially appropriate that such protection should
be given to the justices of the Supreme Court of the United States,
whilst thus engaged in their respective circuits, and in passing to
and from them; that the Attorney-General, representing the President,
was fully justified in giving orders to the marshal of the California
district to appoint a deputy to look specially to the protection of
Justices Field and Sawyer from assault and violence threatened by Terry
and his wife; and that the deputy marshal, acting under instructions
for their protection, was justified in any measures that were necessary
for that purpose, even to taking the life of the assailant.
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