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(12) Colonel Terry was a brother of David S. Terry, who, while
Chief Justice of the Supreme Court of California, killed David C.
Broderick, then a United States Senator, in a duel at Lake Merced,
Cal.
Davis S. Terry, for alleged grievances growing out of a decision
of the U. S. Circuit Court of California against his wife (formerly
Sarah Althea Hill), setting aside an alleged declaration of marriage
between the late millionaire, Senator Wm. Sharon and herself, in
a railroad dining-room at Lathrop, Cal. (August 14, 1889), assaulted
Justice Stephen J. Field, of the Supreme Court of the United States,
and was himself twice shot and instantly killed by David Neagle,
a deputy marshal, who accompanied Justice Field to protect him from
threatened assaults of the Terrys. The Supreme Court, on _habeas
corpus_, discharged Neagle from state custody, where held for trial
charged with Terry's murder. Justice Lamar and Chief-Justice
Fuller, adhering to effete state-rights notions, denied the right
to so discharge him, holding he should answer for shooting Terry
to state authority, that the Federal Government was powerless to
protect its marshals from prosecution for necessary acts done by
them in defence of its courts, judges or justices while engaged in
the performance of duty.--_In re_ Neagle, 135 _U. S._, 1, 52, 76.
(13) _War Records_, vol. vii., pp. 82, 102, 108.
(14) Only two other orders were issued (March 8, 1862) denominated
"President's General War Orders"; one relates to the organization
of McClellan's army into corps, and the other to its movement to
the Peninsula and the security of Washington.--_Mess. and Papers
of the Presidents_, vol. vi., p. 110.
(15) The taking by Captain Wilkes (Nov. 8, 1861) from the British
steamer _Trent_ of the Confederate commissioners, Mason and Slidell,
came so near causing a war with England, although they were, with
an apology, surrendered (January 1, 1862) to British authority,
that great fear existed that something would produce a foreign war
and consequent intervention.
(16) _War Records_, vol. vii., p. 155.
(17) _Ibid_., vol. viii., p. 555.
(18) Grant estimates his own force on the surrender of the fort
at 27,000, but not all available for attack, and the number of
Confederates on the day preceding at 21,000--_Memoirs of Grant_,
vol. i., p. 314.
(19) _War Records_, vol. viii., pp. 160, 167.
(20) _War Records_, vol. vii., pp. 269, 283, 288.
(21) _Ibi
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