Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1880-05-18

NO. 35.
, pooned in the newspapers. An editori.
squib gave him great annoyance, and
demanded the name Of its author. Th
J publishers refused to giveit. Mr.. Fiel
told them that if it was necessary to prC
tect the writer they could give his nam.
and he would assume the responsibility
The publishers acted on his suggestion
On the next morning, while the lawye
was gathering kindling wood in front c
his office, Judge Barbour came benin,
him, placed cooked revolver at the cal
and cried. Draw and defend yourself
sir" Mr.. Field turned, with q pile O
wood on his arms, and said, "You in
fernal scoundrel, only a cowardIy assas
sin would come behind mas's bacl
with pistol and tell him to defend him
self. You have not the courage to shoot
l defy you"
A dozen persons were present. Tht
Judge turned around and walked away
Referring to the incident in letter t.
Judge Turner, he boasted of having
given Field g sound whipping. After
ward he manifested his feeling by ad
verse rulings when the lawyer appear
ed IN his court. In such cases Mr.. Field
took appeals to the Supreme Court, and
reversals almost invariably followed
Judge Barbonr then changed his tactics
and began ruling the other way. The
lawyer became alarmed lest he should
lose his cases in the appellate court by
winning them before Judge Barbour
| Finally, at the Judges solicitation, ex-
pIanatione we're sought over bottle OF
wine. Mr. Field raised his glass and
said, "Here is oblivion, but no explana-
tions." The Judge expressed his salts
faction, and ever afterward spoke of Mr..
Field in the highest terms.
1t was the year of the Great Rebellion.
Parties were evenly divided in Califor-
Mia, but the Secessionists were ageres-
sive and meant mischief Chief Justice
Field ardently espoused the Union
cause. Although strict advocate OF
State rights, he held that the General
Government possessed the power to en-
force the law. The Secessionists made
no secret of their intentions TO carry the
State out of the Union. Gen. Albert
Sidney Johnston was in command of
the United States forces, and this gave
them great encouragement. The Gen
erals loyalty was aS least questionable.
The tIn{0nists feared that he was in col
s.sion with the Secessionists, who
threatened to seize Alcatraz It's nosses-
sion would place San Francisco at their
mercy. Seventy-hve Thousand muskets
were stored at Rep.9ia, and if these fell
into the he.nnds Of the Secessionists Cali
forn.a would be lost.
The UnionisI lost not moment. A
secret Union League was formed. Chief
Justice Field was its Eth member
weapons were bought and an armed
force E'aa created, ready for any emer,
Senoy. immense Union meetings were
held ana addressed by Starr King, Gen.
Conness,' ,'and others. Mr.. Field ana the
League Kept themselves n constant
communication with President Lincoln,
py post riders on the plains. They
asked that 81 officer of uDquestioned
loyalty ae eplaced in command on the Pa
ciho coast II was thought best 30 se-
cTesly supersede Gen. Johnston, as an
open order might precicitate the con-
nict that they were trying to avoid
Gen. E. V. Sumner sailed from New
York undar &n assumed name, with
special ozders from the President to as
aILla compana, Gen. Johnston readi-
IL recognized them, the arms were re-
moved rom the arsenal. and the Stale
was safely moored to the Union.
Judge Field was true War Demo-
crat. He was for wa7 as long as war
lasted, and Wis f0F peace as soon as the
war was ova2. He preserved his fealty
To the Democratio party, and neyez yO-
led a Republican ticket in MS life
Judge McAllister, the special United
States Justice assigned 20 the Pacific
coast, resigned ta the sD-ing Of 1868
Senator's HlcOoagau, Latham, Nesmith,
ktaTaiGg, ana others urged President
Lincoln 10 Il substantial recognition of
the services of the War Democrats on
the Pacific slope iy the appointment of
Judge Field to the vacancy. Getting
an mixing OF what was going on, Judge
hleld s23r. .A.t ne would not accept the
apqs~.a tEEIent, as ne would rather be
Chief Justice OF California than 8 sub
ordinate Judge III Il United .,tatas Court.
When President I4incNll heard this, he
SAID: Then We zsiast make a real
Judge OF the 5sapfeme Court out Of Ste.
phen." Meantime his name was sent
~ sAe senate, who unanimously con-
HImed the appointment. A oil was
drawn up and passed by both Houses,
eleVatlng the Judge :3 Inc bench of the
supreme Court o. Inc United States.-
Inc Iac.44tC coast was made the Tenth
Ci-3,!is, and Judge Field was assigned
10 1t. He knew nothing of this move.
ment until he received notice OF his con-
firmatlon. lie resigned +he Chief JUS
tlceshlp OF California, and went to
Washington.
This State has been deprived OF the
aSlest Jurist who ever presided over her
courts" said Judge Joseph G. Baldwin,
on Mr. Fields departure. "He began
his career without the advantages Of
wealth, and prosecuted it without the
| factitious aids of family influence or pat
rOnage He had the advantage, how
ever, Of an accomplished education, and
careful stUGJ sac n4ei;t..i discipline.-
lie brought to the practice of his pro-
5a2sEon g mind stored with professional
/ Learning and embellished with rare
scholarly attachments He was :.istin-
suished at the bar for his fidelity to his
clients, foE untiring ial.ssEEy, great care
and accuracy in ;h- preparation Of his
eases, UHcC3t:A.s,f legal acumen, and ex-
traoFGi>al.y s"iidity of Judgment AS
! ~ adviser no i2an had more tie eonf-
lenca OF his clients, for he te,.sted moth
ing to chance or accide1. when certain
ty could be attaiq1&.. He felt bis way
cautiously &c mis- conclusions. which,
once -r2a3Aed, rested upon sure fouEa1a-
tons, to which lie chung with eetlarka
bic pertinacify. Judges soo2 learned to
repose confidence in h.s opinions, and
lie always gave them the str, nges!
proofs Of the weight justly due to mis-
conclusions. His opinions, whether for
tLeis learning, logic, or diotion, will
compare favorably with those OF any
Judge upon the Supreme bench Of the
Union. An examination OF his 0pin.
ions wi. show that he il not O tinid
copylst nor the passive slave OF authori
ty. His rulings rest upon clea-jy de
fined princi :.tea and strong common
sense. Lie retires from Office without ;
sta.4 on his erm;no. Millions might
aave been arGa8sad oy venality. He re
tires as poCp :.s when he entered, owing
nothing and owning little except the &
lie to the respect OF good menu
Justice Fields judic;a, ability an,
| strong Individuality OF thought and ao