The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1889-09-26
The Nagle. Case.

killed Judge Terry, for asaaulting
Judge Field of United States Supreme
Court, at Lathrop, California. Nagle
was arrested by the California State
authorities, and thereupon a writ of
hGbeas corpus was issued by United
States Circuit Judge Sawyer, and
Maggie was tried under said writ and
released, but pending an appeal to
Supreme Court of United States by
the State of California, was required
to give his personal recognized in the
sum of $1,000.
Judge Sawyer, in his opinion dis
charging Maggie, assumes the broadcast
grounds for asserting that iurisdic-
ton over the case is in the United
States Courts, and not in the State
Courts. and in effect says that wher-
ever the Judge is, there is the Court.
The old doctrine was that it re-
quired a Judge, and Clerk and Sheriff
TO constitute q Court, and that Courts
were only held in certain designated
places, though the Judge had right
TO issue various orders and writs in
chambers.
But our object in calling attention
to the case was not to comment on
its purely legal aspects, but rather
upon those of political character.
Judge Terry was killed on the soil of
California, and whatever other Law
may have been violated, if any, the
laws Of that State were. Yet, because
the assault was made on q United
States Judge by Terry, and latter was
killed by q United States Deputy
Marshal, who was the Judges body
guard, the United States Court as
serts jurisdiction over the act, and
takes the accused from the custody
of the State officials and discharges
him. This means that, in ordinary
crimes and offences, there are two
laws Of the land-one for United
States officials and another for those
who are not SO fortunate as to be such.
California, who had citizen killed,
cannot try the slayer because be is
3 United States Marshal. It is well
20 think seriously Of the far-reaching
tendencies and probable results of
this decision, for home rule and State
sovereignty are very largely involved
ia it.
Another view of this case has pre-
sented itself 10 our mind, though We
profess to no extended knowledge of
the special laws on the subject. If
the Department of Justice, through
United States Acknowledgement Mil
Ter, can order body-guard of one
person to protect Judge Field, why
not q dozen, or fifty, or one hundred ?
Il Judge can have q body-guard,
Why not the President, and, if the
latter. why not every official down to
letter carriers on the streets, and por-
ters in the ofices2 II the United
States has jurisdiction over this Ma
gle case, why has it not jurisdiction
over an assault upon the most unim-
porsant official in its employ ? Where
shall the hne be drawn9 Are all
United States officials "hedged about
with the divinity" which Of old at
tashed to kingss
The subject is a very expansive one,
and We wish to write enough to pro-
woke It's consideration. Body-guards
for United States officials and extra
State lava for trial Of offences COM
mitsed by them on citizens of the
States have q Ravor ofnewness about
them to our old time tastes, a favor
not embalmed in presidents or Sane.
toned BY the precepts and principles
OF the conscript Fathers Of shia Re-
public.
The Trinity Herald comes to us
with 70 Y,acAaa MAILING n hSr, abns-s,,n.