s often told me that Field has used his court and
his power as a judge to humiliate him, and that he intended
to humiliate him in return to the extent of his power. 'I will
slap his face,' said Terry to me, 'if I run across him, but
I shall not put myself out of the way to meet him. I do not
intend to kill him, but I will insult him by slapping his
face, knowing that he will not resent it.'"
What knightly courage was here. If ever a new edition of the dueling
code is printed, it should have for a frontispiece a cut representing
the stalwart Terry dealing stealthy blows from behind upon a justice
of the United States Supreme Court, 72 years of age, after having
previously informed a trusted friend that he believed himself safe
from any resistance by the object of his attack. It may be here also
said that Justice Field, as was well known to every one, had for
many years suffered from great lameness in consequence of an injury
received by him in early life, and with difficulty could walk without
assistance.
Mr. Montgomery, with freezing candor, informs the Supreme Court that,
in strict accordance with the chivalrous code of honor, Judge Terry
administered blows upon a member of that court, to force him into a
duel, because of a judicial act with which he was displeased.
He says:
"The most conclusive proof that Terry had no intention, for
the time being, of seriously hurting Field, but that his sole
purpose was to tender him an insult, is found in the fact that
he only used his open hand, and that, too, in a mild manner."
We often hear of the "mild-mannered men" who "scuttle ships" and "cut
throats," but this is the very first one whose "very mild manner" of
beating a justice of the Supreme Court of the United States with his
hand was ever certified to by an attorney and counsellor of that court
in the argument of a case before it.
It would be difficult to conceive of anything more puerile or absurd
than this pretense that Terry had the slightest expectation of provoking
a man of Justice Field's age, official position, and physical condition,
to fight a duel with him in vindication of the right of the court over
which he presided to imprison a man for contempt for beating the marshal
in the face with his fist, and afterwards pursuing him with a knife, in
the presence of the court, for obeying an order of the court.
Mr. Montgomery appears to have been imported into the c
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