interest in the questions involved, and had
several consultations with Mr. Choate upon them; and his
professional services were given with the same generous and
noble spirit that characterized the course of Mr. Choate.
CHAPTER XXI.
CONCLUDING OBSERVATIONS.
Thus ends the history of a struggle between brutal violence and the
judicial authority of the United States. Commencing in a mercenary
raid upon a rich man's estate, relying wholly for success on forgery,
perjury, and the personal fear of judges, and progressing through more
than six years of litigation in both the Federal and the State courts,
it eventuated in a vindication by the Supreme Court of the United
States of the constitutional power of the Federal Government, through
its Executive Department, to protect the judges of the United
States courts from the revengeful and murderous assaults of defeated
litigants, without subjecting its appointed agents to malicious
prosecutions for their fidelity to duty, by petty State officials, in
league with the assailants.
The dignity and the courage of Justice Field, who made the stand
against brute force, and who, refusing either to avoid a great
personal danger or to carry a weapon for his defense, trusted his
life to that great power which the Constitution has placed behind the
judicial department for its support, was above all praise.
The admirable conduct of the faithful deputy marshal, Neagle, in whose
small frame the power of a nation dwelt at the moment when, like a
modern David, he slew a new Goliath, illustrated what one frail mortal
can do, who scorns danger when it crosses the path of duty.
The prompt action of the Executive Department, through its
Attorney-General, in directing the marshal to afford all necessary
protection against threatened danger, undoubtedly saved a justice
of the Supreme Court from assassination, and the Government from the
disgrace of having pusillanimously looked on while the deed was done.
The skill and learning of the lawyers who presented the case of Neagle
in the lower and in the appellate courts reflected honor on the legal
profession.
The exhaustive and convincing opinion of Circuit Judge Sawyer, when
ordering the release of Neagle, seemed to have made further argument
unnecessary.
The grand opinion of Justice Miller, in announcing the decision of
the Supreme Court affirming the order of the Circuit Court, was the
fitting climax of all. Its s
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