The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices.

Marshal, Neagle, was appointed by the United States Attorney General to serve as Justice Stephen J.

Knowing that the man had previously carried a knife and threatened Field with it, Neagle fatally shot the attacker, and was later arrested by a state sheriff.

On appeal, the U.S. Supreme Court affirmed, holding that, as the source of all Executive authority, the President could act in the absence of specific statutory authority since there were no laws that provided for protection of federal judges by the Executive branch.

Constitutionally, the decision determined that the Executive branch, like Congress, exercised its own "necessary and proper" authority.