Los Angeles herald., 1890-04-16
NOBLE DISSENTING OPINION.

the United States that Chief Justice
Fuller and Mr.. Justice Lamar were on
the Supreme Bench when the Neagle
habeas corpus case came on for a hear
ing. Their conclusive and luminous
statement of the real law in the premises
will forever outweigh the mere numeri-
cal superiority by which they were over
ruled. Some day or other the unwar-
rantable proceedings by which the State
OF California was prevented from taking
cognizance of that case will excite the
astonishment OF the American people.
Otherwise admirable men and jurists
seem to have yielded to sort of hysteria
in this matter. The HERALD has no
reference to the merits of the trans
action at the Lathrop eating sta
ton. Judge Terry was such a
handy man with the knife and
pistol, and was so domineering in his
temperament, that ii it had been the
most cold-blooded assassination on
record no extensive public sympathy
could be aroused in the matter But
there are great many people who care
little either for Judge Terry or Judge
Field, notwithstanding the illustrious
judicial career of the latter, who do care
great deal about the State OF Califor-
mia, and who do not relish the idea that
she should be shorn OF rights that have
hitherto been conceded to her in COM
mon with the other States. The action
of the Supreme Court i'll this matter
constitutes the most serious invasion OF
the legitimate reserved rights of the
States that has been recorded for years.
Justices Fuller and Lamar, with clear
and forceful logic, have divested the
case of all excitement and placed the
issue squarely before the people.
While perhaps not directly in point,
there were two instances in the career of
Gen. Andrew Jackson which illustrate
the average notion held by Americans
as to the kind of people who ought to
be entrusted with official responsible
ties. Both are to be found in Parton's
life of cold Hickory" One occurred
while Jackson was Judge in Tennessee.
There was a very obstreperous siX-footer
from the mountains who was giving the
court good deal OF trouble. Judge
Jackson adjourned his court for fifteen
minutes; and, approaching the dis
turber, who was whiting stick with
big knife, asked him if he intended to
behave himself. On receiving an answer
in the negative, the Judge stepped
quickly over to worm fence adjoining
the court house, and selecting from it a
strong rail, advanced like lightning ON
the malcontent, landing the point OF the
rail in his stomach, doubling him up and
relieving him of any desire to interrupt
judicial proceedings for many weeks to
come. He thereupon resumed his seat
on the bench. This, of course, was
very primitive way OF maintaining the
dignity OF court, but it had good deal
of American manliness about it.
The other instance was when General
Jackson was President. He was travel
ing on the Kanawha canal. While sit
ting in the cabin Lieutenant Randolph,
whom he had dismissed from the navy,
made his appearance and asked if he
were addressing the President. He re-
cei7ed reply in the affirmative, with
an apology for not rising to receive him,
as the General was suffering severely
from rheumatism. Randolph then
leaned forward, and taking Old Hick-
ory's nose between his foretinger and
thumb, he gave that organ vigorous
tweak, flying to the deck, leaping on to
the towpath and disappearing. The
President forgot his rheumatism,
dropped his crutches, and, with howl
of rage, he pursued his assailant, arriv-
ing just in time to see him disappear in
the woods Great was the Indignation
amongst the friends of the President,
and the pursuit and death OF Randolph
would have been a matter OF a very few
minutes with that excited crowd. But
Jackson would not have it thus. Per-
emptorily commanding attention, he for
bade the interposition of his friends
with the remark, II fight my own bat
tles'
OF course, these are extreme instances.
But we certainly risk nothing in assum-
ing that the American people prefer to
intrust responsible station to those who
are able and willing to protect them
selves. That a Judge should have the
means OF maintaining the dignity and
enforcing the process OF his court, nobody
but criminal would feel like disputing.
But the right OF the Federal Government
to detail a bodyguard to protect Judge
while off the bench is contested by
Judges Fuller and Lamar, and rightly
so, in the absence of an express statute
of Congress. The spectacle of Federal
judges traversing the country with body
guards would not be an inspiriting one,
or one much in sympathy with Ameri-
can institutions. The divesting of SOW
ereign State of the right to try people
for murder or homicide committed
within her borders is an invasion OF an
immemorial prescription that will not
long be submitted to.
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