The Forgotten Presidents by Michael J. Gerhardt;

Author:Michael J. Gerhardt;
Language: eng
Format: epub
ISBN: 9780199967797
Publisher: OUP Premium
Published: 2013-06-15T00:00:00+00:00

Harrison’s fourth constitutional legacy is based on a seemingly innocuous decision that became the basis for the principle now widely accepted that presidents have, even in the absence of explicit congressional authorization, the power to do what is necessary to enforce the law. The decision arose out of a feud involving Justice Field and a former chief justice of the California Supreme Court, David Terry. The story of the feud is so dramatic that it is easy to miss the brief moment in which Harrison became involved, even though his involvement produced one of the most important precedents on the scope of a president’s inherent authority to enforce the law.

In the late 1850s, Field had briefly sat with Terry on the California Supreme Court; however, in 1859, Terry resigned to fight a duel against Senator David Broderick, whom Terry killed. Field replaced Terry as chief justice. Four years later, President Lincoln appointed Field to the Supreme Court.

Almost twenty years later, Terry married Sarah Hill, who was then suing the estate of Senator William Sharon of Nevada, to whom she claimed to have been secretly married. Sharon had denied Hill’s claim and filed a federal court action to dismiss the purported marriage contract on the ground that it had been forged. Meanwhile, Susan filed for divorce, and the state court ruled in her favor and ordered Sharon to pay alimony. Sharon died in 1885, but the federal lawsuit continued with Field, in his capacity as a circuit justice, presiding over the proceedings. During a deposition, Sarah pulled out a pistol and threatened to shoot one of Sharon’s lawyers. Field ordered that Sarah be disarmed when attending depositions and that an officer of the court be present to ensure she did not interrupt the proceedings. On December 26, 1885, the circuit court, without Field present, ruled in favor of Sharon’s executor. The state court proceedings continued, and the California Supreme Court in January 1888 affirmed the decree of divorce but substantially reduced the alimony owed to Sarah. Meanwhile, Sharon’s heirs asked the federal court to require Sarah to deliver her marriage contract for cancellation.

Contemporaneous records agree that, when Field upheld the executor’s claims, David and Sarah Terry were present and that both loudly complained. It appears that Terry likely brandished a knife and struck a marshal and that his wife had a loaded revolver in her satchel. When the dust settled, Field held them both in contempt of court. He sentenced Mr. Terry to a six-month prison sentence and Sarah to three months in jail. They swore to get revenge.

It was at this moment that Harrison became briefly involved: After returning to Washington, Justice Field met with Harrison and his attorney general. Field told them both about the threats, and they both agreed there was convincing evidence that Field was in danger. With no law expressly authorizing him to do so, Harrison assigned a guard, Deputy Marshal David Neagle, to travel with Field on his train trip back west and as he rode circuit.

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