ect its officers from personal violence, for
the discharge of their duties, at the hands of disappointed litigants,
the public mind, which had been greatly excited by the proceedings
narrated, became quieted. No apprehension was felt that there would be
any reversal of the decision of the Circuit Court on the appeal which
was taken to the Supreme Court. General and absolute confidence was
expressed in the determination of the highest tribunal of the nation.
The appeal was argued on the part of Neagle by the Attorney-General of
the United States and Joseph H. Choate, Esq., of the New York bar;
and the briefs of counsel in the Circuit Court were also filed. The
attorney-general of California and Mr. Zachariah Montgomery appeared
upon behalf of the State, and briefs of Messrs. Shellabarger and
Wilson were also filed in its behalf.
The argument of the Attorney-General of the United States was
exceedingly able. He had watched all the proceedings of the case from
the outset. He had directed that protection should be extended by
the marshal to Justice Field and Judge Sawyer against any threatened
violence, and he believed strongly in the doctrine that the officers
of the general government were entitled to receive everywhere
throughout the country full protection against all violence whilst in
the discharge of their duties. He believed that such protection was
necessary to the efficiency and permanency of the government; and its
necessity in both respects was never more ably presented.
The argument of Mr. Choate covered all the questions of law and fact
in the case and was marked by that great ability and invincible logic
and by that clearness and precision of statement which have rendered
him one of the ablest of advocates and jurists in the country, one
who all acknowledge has few peers and no superiors at the bar of the
nation.[1]
The argument of the attorney-general of the State consisted chiefly of
a repetition of the doctrine that, for offenses committed within
its limits, the State alone has jurisdiction to try the offenders--a
position which within its proper limits, and when not carried to the
protection of resistance to the authority of the United States, has
never been questioned.
The most striking feature of the argument on behalf of the State
was presented by Zachariah Montgomery. It may interest the reader to
observe the true Terry flavor introduced into his argument, and the
manifest perversion of the f
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