Judge Sawyer granted the writ and released Neagle. The
state of California took the case to the Supreme Court of the United
States. The court divided, with the Chief Justice and Justice Lamar
dissenting. The majority of the court held, Mr. Justice Miller
pronouncing the judgment, that the President was justified by the duty
imposed upon him by the Constitution to see that the laws were
faithfully executed. Although there was no specific law on the statute
book conferring upon the President authority to direct Neagle to take
the action he did, there was an implied obligation on the part of the
government to protect its judges in discharging their duty from the
violence of disappointed litigants, and this obligation was a law which
it was the duty of the President to see executed. The President,
therefore, has the right through his Attorney-General, who is the finger
of his hand, to direct an officer of the United States to protect to the
uttermost a justice while on judicial duty, even if it necessitates
killing an assailant.
I cannot tell you all the officers of the United States--internal
revenue men, customs men, post-office men, immigrant inspectors, public
land men, reclamation men, marine hospital men--certainly 150,000 in
number, who are subject to the direction of the President.
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