The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-10-15
SEvERING THE TIES.
Justice Field and the Supreme Court
Exchange Letters.

washington, Oct. 15.-The following
letter has been given out:
Supreme Court of the United States,
Washington, Oct II, 1S97.-Dear Mr..
Chief Justice and Brethren: Near the
close of last term, feeling that the du-
ties of my Office had become too ardu-
Gus for my strength, I transmitted my
resignation to the President to take ef-
feet on the first day of December next
and this he has accepted, with kindly
expressions of regard as will be seen
from a copy of his letter, which is as
follows:
Executive Mansion Washington,
Oct. 8, 1897.-Hon. Stephen ]. Field, AS
sociate Justice of the supreme court of
the United States, Washington, ID. C
My Dear Sir:-In April last Chief JUS
tIce Fuller accompanied by Mr.. justice
Brewer handed me your resignation as
associate justice of the supreme court
of the United States to take effect De-
cember I, 1897.
I'm hereby accepting your resignation.
wish to express my deep regret that you
feel compelled by advancing years to
sever your connection with the court
of which you have so long been dis
tinguished member.
Entering upon your great office in
May, 1863, you WILL on the first of next
December, have served upon this bench
for a period of thirty-fOur years, and
seven months, term longer than that
of any member of the court since its
creation and throughout period of
special Importance in the history of the
country, occupied with as grave public
questions as have ever confronted that
tribunal for decision.
4 congratulate you therefore most
heartily upon a service of such excep-
tional duration, fidelity and distinction.
Nor can 1 overlook that you received
your commission from Abraham Lin
coin, and graciOusly sustained by
kind providence have survived all the
members of the court of his appoint
ment.
Upon your retirement both the bench
and the country will sustain great
loss, but the high character and great
ability of your work will live and long be
remembered, not only by your col
leagues but by your grateful fellow
coUntrymen.
with personal esteem and sincere
best wishes for your cOntentment and
happiness during the period OF rest
which you have so well earned, l am,
dear sir,
Very truly yours,
civilian MCKINLEY"
''Iy judicial career covers many
years of service.
Having been elected a member of
the supreme court of California, 1 as
sumed that Office October 10, 1857, hold
ing it for five years, seven months and
five days, the latter part of the time be-
ing chief justiceF
"On the 10th OF March, 1863, was
commissioned by President Lincoln,
justice of the supreme court of the
United States taking the oath of office
on the Goth day of the following May
when my resignation takes effect
my period of service on this bench will
have exceeded that of any of my pre-
decessOrs, while my entire judicial life
will have embraced more than forty
| years. I may be pardoned for saying
| that during all this period long in COM
parison with the brevity of human life,
| though in that respect it has gone with
! the SWiftneSs of of tale that is told, l
have not Stunned to declare in every
| case coming before me for decision
| the conclusions which my deliberate
| convictions compelled me to arrive at,
( by the conscientious exercise of such
| abilities and requirements as posses
! sed.
1T is a pleasant thing in my memory
| that my appointment came from PreSi-
| dent Lincoln, of whose appointees am
! the last survivor. Up to that time
| there had been no representative here
| of the Pacific coast.
| AT the head of the court when I be-
| came one of it's members, was the ven
| cradle Chief Justice fancy, and among
| the associate justices was Mr.. Justice
| Waite, who had sat with Chief Justice
Marshall thus constituting a link be-
| tween the past and the future, and, as
| it were, bringing into unity nearly an
| entire century of the life of this court.
| During my incumbency three chief
| justices and sixteen associate justices
| have passed away, leaving me precious
| membranes of common labOrS and
| intimate and agreeable companion
ship
Few appreciate the magnitude of
\ our labOrS. The burden resting upon
US for the last fifteen or twenty years
| has been enormous. The volumes of
our reports show that I alone have
written $40 opinions. If to these are
added 81 opinions in the circuit court
| and 365 prepared while I was of the SUI
preme court of California it would be
/ seen that have voiced the decision in
| 1,042 cases.
| cfsions have not met with the universal
| approval of the American people, yet
it is to the great glory of that people
| that always and everywhere there has
J been welded willing obedience to
| them. The fact is eloquent of the sta
| bility of the popular institutions and
| demonstrates that the people of these
| United States are capable of self gov
eminent. AS I look back over the more
| than a third of a century that I have
| sat on this bench, 1 am more and more
| impressed with the immeasurable i'm
| portance of this court. Now and then
we hear it spoken of as an ariStOcratic
| feature of a republican government.
| But it is the most democratic of all.
| Senators represent their states and
| representatives their constituents. but
| this court stands for the whole country,
| and as such it is truly of the people,
| by the people and for the people, 1t
| indeed has no power to legislate. It
/ cannot appropriate a dollar of money.
/ 1t carries neither the purse nor the
/ sword. But it possesses the power of
! declaring the law and in that is found
| the safeguard which keeps the whole
! mighty fabric of government from
rushing to destruction. This negative
| power, the power of resistance. is the
| only safety of a popular government
| and it is additional assurance when
| the power is in such hands as yours.
| with profound respect and regard,
| am, my dear brethren,
| VERY sincerely and always yours,
''STEPHEN J. FIELD -
Following is the courts reply:
! Supreme Court of the United States,
/ Washington Oct 49, 1891
Dear Brother F'ield:-We are pro-
! foundIy moved by the letter in which
| you announce to US your retirement
| from the bench. The termination of a
| i,1aicia1 r.arear. of s11cI1 Length and dis