t. We have felt it
to be our duty to examine into the facts with a completeness
justified by the importance of the case, as well as from the
duty imposed upon us by the statute, which we think requires
of us to place ourselves, as far as possible, in the place
of the Circuit Court and to examine the testimony and the
arguments in it, and to dispose of the party as law and
justice require.

"The result at which we have arrived upon this examination
is, that in the protection of the person and the life of Mr.
Justice Field, while in the discharge of his official duties,
Neagle was authorized to resist the attack of Terry upon him;
that Neagle was correct in the belief that without prompt
action on his part the assault of Terry upon the Judge would
have ended in the death of the latter; that such being his
well-founded belief, he was justified in taking the life of
Terry, as the only means of preventing the death of the man
who was intended to be his victim; that in taking the life
of Terry, under the circumstances, he was acting under the
authority of the law of the United States, and was justified
in doing so; and that he is not liable to answer in the courts
of California on account of his part in that transaction.

"We therefore affirm the judgment of the Circuit Court
authorizing his discharge from the custody of the sheriff of
San Joaquin county."

[1] NOTE.--Mr. Choate took great interest in the question
involved--the right of the Government of the United States
to protect its officers from violence whilst engaged in the
discharge of their duties,--deeming its maintenance essential
to the efficiency of the Government itself; and he declined to
make any charge or take any fee for his professional services
in the case. The privilege of supporting this great principle
before the highest tribunal of the country, where his powers
would be most effectively engaged in securing its recognition,
was considered by him as sufficient reward. Certainly he has
that reward in the full establishment of that principle--for
which, also, both he and Attorney-General Miller will receive
the thanks of all who love and revere our national government
and trust that its existence may be perpetuated.

Mr. James C. Carter, the distinguished advocate of New York,
also took a deep