Sacramento daily record-union., 1890-03-05
diciary Of ais 1ioyernmen. as the executive is

dlclary oi ais Government, as the executive is
lne only department under the Government
g1Ooneu T Gith power 10 protect the Federal Court
1,itTs y eend proposition is that under the Con-
stleo 1en, the judiciary being in obeyance TO the
eHs estye it is the daty of the Judiciary Depart
.ens TO sit in judgment upon acts of its officials
= theperformanee Of their duties, in accordance
, with the Constitution" Having thus clearly
Outlined the course he intended to pursue Gen
eral Miller entered upon his argument. he
quoted from the words of the late Secretary OF
State, Thomas F. Bsyard, who said; The
robust and essential principle must be pro
claimed and maintained, that the inherent
| right of the Government to enact and enforce
laws gives it power to protect its servants In
! their execution" This said General Miller,
J as principle which is unassailable, and
/ terminates my argument in this case"
/ Miller held thar in the Department OF Justice
| the United States Marshal and Deputy Marshal
! were simply so many acting hands engaged in
| the protection o. the Constitution. THE main
| force OF the argument in behalf Of the appel
liant of the state OF California in this case "
said General Miller, sis directed to this PROPOSE
ton, that the Executive can exercise no powers
except those for which he has direct authority
by special Act OF Congress. This, say. is a
I hecesy as old as the Government. IL has been
refuted thousands of times in Court, in Congress
| and upon the battlefield
He quoted decisions of eminent jurists, be-
4 ginning with Chief Justice Marshall, to sub
stantiate his position. Then he referred to the
acts of former Presidents as precedents. ''Did
President Monroe require authority by a
direct act of Congress TO invade the
Spanish provinces IN Florida ~ he
asked, cor Madison to make the Louisiana pur-
chase; or Jackson, for his removal OF the depos-
its; or in the case of his action with the Indi-
ans in Georgia. In case OF Indians in the Terri
tories could not the President have authority to
furnish an escort OF troops to the United States
Judge to the place of holding Court?
Justice Bradley interrupted General Miller to
ask him to what force should the President
resort to protect Judge in the discharge of his
duties.
Miller replied: First, a force should be posse
and deputies, and if that was not sufficient to
call upon company, regiment or the whole
army, if it was necessary to protect the Federal
Judge. If fthe President ordered Marshal Neagle
to protect the Court and Neagle is held in
custody without right TO appeal for habeas
corpus the President is as liable as Neagle and
should be held without recourse to habeas
, corpus General Miller then proceeded 70 dis.
cuss his second proposition that the Federal
Courts should sit in Judgment upon the acts OF
( its subordinates. He laid down as primary
principle. that man cannot do duty to the gen.
, eral Government which VIII be crime to a
: State Government. It is a contradiction in
terms. for the State itself is member of the
: Union, and cannot violate the Constitution OF
the Union, therefore, if the State cannot violate
the Constitution, how can an officer of the State
a constable, violate the Constitution by arrest
I ing man engaged in fulfilling the behests Of
| the Constitution?
He said Neagle was obeying the Constitution
therefore it was impossible tor him to violate
the state law. The assumption of the State
Court TO try Neagle Implies the precedent o.
: right to arrest. If the State of California po
sessed that right it had the right to stop Neaglt
: before the deed was committed-to paralyze nj:
arm before it fell
THE result of this said General Miller in q
solemn tone. would have resulted in the assas
sination OF Justice Field"
} Miller denied the right OF the State 10 inter
fere with the Federal officer in the discharge o.
his duty 1t has been held, continued General
: Miller, that if California cannot try Neagie
there can be no trial. Granted. What of it
: Simply that the United States Government will
: investigate whether this man did his duty, and
} discovering that he has done it, there will be
} no need of a trial. The only question that re
mains is Was the prisoner properly discharged
insist that he was. This was certainly an ur-
gent occasion. To have taken Nesgle away
would nave been to deprive Justice Field of his
protection.
Il was upon this line that General Miller con-
| tinued his argument, amplifying the above
principles and quoting pIecedents and author
/ tiles.
He closed late in the afternoon, an4 the Court
took recess until to- morrow when Choate and
/ johnson will conclude the argument.