icer who commanded the troops be an act
done in pursuance of the laws of the United States, and in the
lawful exercise of its authority? Could he be imprisoned and
tried before a State jury on the charge of murder, and the
courts of the United States be powerless to inquire into the
facts on _habeas corpus_, and to discharge him if found to
have acted in the performance of his duty? Can the authority
of the United States for the protection of their officers be
less than their authority to protect their property?
There appears to be but one rational answer to these
questions.
In all these cases the authority vested in the officer to
suppress a mutiny, or to overtake and capture an escaped
vessel, or to protect the subtreasury from threatened pillage,
carries with it power to do all things necessary to accomplish
the object desired, even the killing of the offending party.
The law conferring the authority thus extended to the officer
in these cases, is in the sense of the _habeas corpus_ act,
a law of the United States to do all things necessary for the
execution of that authority.
CHAPTER XIX.
EXPRESSIONS OF PUBLIC OPINION.
This case and all the attendant circumstances--the attempted
assassination of Justice Field by his former associate, Terry; the
defeat of this murderous attempt by Deputy Marshal Neagle; the arrest
of Justice Field and the deputy marshal upon the charge of murder,
and their discharge--created very great interest throughout the United
States. They were the subject of articles in all the leading journals
of the country; and numerous telegrams and letters of congratulation
were sent to the Justice on his escape from the murderous attempt.
Satisfaction was very generally expressed at the fate which Terry met,
and much praise was given to the courageous conduct of Neagle and at
the bearing of Justice Field under the trying circumstances.
A few of the letters received by him are here given, and citations
are made from some of the periodicals, which indicated the general
sentiment of the country.
Letter from Hon. T.F. Bayard, ex-Secretary of State:
WILMINGTON, DELAWARE, _August 18, 1889_.
MY DEAR BROTHER FIELD:
I was absent from home when I first saw in the newspapers an
account of the infamous assault of the Terrys--husband and
wife--upon you, and the prompt and courageous action
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