New-York tribune., 1894-04-14

David Dudley flcld, III" announcement VI
whose death came as a sudden shock to Inc
community yesterday. will long be remembered
as n unique character in American history. ~
might not be universally conceded that he was
the greatest Of contemporary advocates or even
turists: but that he cXcrte1 a greater ana more
lasting influence In modifying and reforming
the judicial systems Of the United States ana
England than any other man of his time VIII
scarcely be denied. He was naturally possessed
of the most mastcrful virility and force of char
actcr rs we'll as of a strong intellect. capable
OF the most intense and protractcd application
His indomtablc spirit was well illustrated III
n remark made by him about three years ago.
when slight heart trouble caused apprehcn-
sion 10 his friends: Il shall not die now,' he
said. IL am told n man has died In England
one hundred and fifty years old. | have al
ways been convinced that what any man could
do ! can do. | shall live until am century
and n half old
Whatever of jest there was In this remark. II
furnishes key 10 his character. He really be-
licvcd not only that he could do anything worth
his while that any other man had found 1t
worth while to do but that there were certain
important things for him to do in the world
that no other man had yet succeeded In ac-
complishng When once his intellect and heart
were enlisted In such n cause he knew no such
word as defeat and he never surrendered. Take
as an illustration the present judicial system
Of this State Compare 1t with the system that
existed fifty TO sixty years ago, when Mr.. Field
began his heroic efforts 10 simplify the law and
It's procedure. The great change shown by that
comparison is attributable 10 him more than
any other man or group OF men now living.
But the notifications and refqrms were accom-
plishcd in the face Of powerful and determined
resistance on the part Of n considerable por-
ton Of the community. and particularly OF nom
bcrs of Mr.. Fields own profession. CrluclSnS'
aspcrsons. ridicule were east upon him WIN
ont varying I'm the slightest degree the sirrng'h
Of his purposes or cndcavors. Indeed. oppoSl-
tlon seemed rather 10 inyigoralc and sustain
him.
The magnitude ~ The results of Ills labors can
scarcely be oyercstmatcd. II nothing else were
10 be rcckoncd to his credit upon ifc's balance
sheet, the simplihcation Of procedure In courts
Of Justice that his labors brought about In
large proportion of the American States. rs
well as I'm other countries. would cntitle him I"
the grateful remembrance ~ this ana other gen
crations But his intellectual Influence extend
cd much further He taught his brethren - th'
bar on both sides Of the Atlantic 10 look upon
the law as something more than mere timchon-
ored traditions. AMI to make II an aid rather
than a drag 10 modern improvement. He was
also among the leading thinkers Of the world IN
helping on the day when nations shall settle
their disputes by arbitration instead Of 10y the
sword
But. snguarly enough. with All his lndom
table energy and intellectual Influence. hc died
without accomplishing the great ambition of his
lifc-ihc enactment Of the Ciyil Code. He loved
life and the struggles and pleasures ~ life aS
all strong natures do; but those who knew HIM
well are ready 10 believe that he would have nm
hcsitatingly sacrificed fair share Of the re-
naming years which h. believed allotted 10
him If hc could thereby have first secured the
enactment OF that measure In This state. II
was the greatest work Of his life, and great In
all respects II certainly stands, despite the
many notifications which he felt compelled to
make 10 meet varying forms OF opposition. But
IL was an impossible task which he had set him
self the codilication. within the limits Of a
single volume Of statutory enactment Of The
whole body Of the common law. II any man
was fitted for the task. II was he; II any man
could have accomplished II. II was David Dud
ley Field But 1t was M undertaking beyond
the powers Of even extraordinary wisdom. The
reason why the opposition of the bar prevailed
against his efforts In This direction. as they did
not in The matter OF simplifying the procedure
OF the courts was because II was susceptible
OF demonstration each time that the test came
that the great cOdlhcr had not yet succeeded
In accomplishing the impossible. The common
law Is the outcome Of The wisdom OF the ccntu-
rics 1t has an elasticity that adaptS itself 10
velopmcnts ~ the worlds progress. When.
therefore. the attempt WAS made 10 limit that
law. MS II whole, within the confines Of single
arbitrary legislative enactment, It's futility was
sure so TO display itself In one and another
phase as to satisfy the public mind Of It's I'm
practIcabty. Hence one OF the chief reasons
why the Civil Code never became law was be-
cause public sentiment never demanded II.
But none the less has the influence Of the
great jursts intellect and thought been most
profound In lbcrazing and enlghtcnng the
mind and conscience Of his contemporaries.
Mr.. Field was no. n popular man In any sense.
He was even unpopular among the members Of
the bar. He had few personal qualities that APP
pcalcd 10 the sympahies Of the masses or that
attracted the affection Of his legal brethren.
But for his opinions and his arguments; for his
appeals for the righting Of public wrongs and
the doing away Of old abuses rs well ms for his
sterling character, courts, lawyers and the com
munity at large have been constrained 10 on
tertaln the deepest respect, and all alike have.
consciously or unconscously. felt the influence
Of his life and work.
THE BOURBON PARTY
How true Is the Democratic party to It's Rour