The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1897-10-21
JUSTICE FIELD 70 Retire
WILL vACATE THE SUPREME
BENCH DECEMBER 1.
TA|RTY-FOUR YEARS ON THE BENCH
Appointed by Lincoln and VIII Have
Served Longer Than Any Other
Justice-TnIlS Is That McKenna
VIII Succeed Him.


Supreme Court of the United States,
Washington, ID. c., October II, 1877
Dear Mr.. Chief Justice and Brethren
Near the close of last term. feeling that
the duties of my Office had become TOO
ardous for my strength, transmitted my
resignation TO the president to take effect
ON the first of December next, and this
he has accepted, with kindly expressions
of regret, as will be seen from Il copy of
his letter, which is us follows
Executive Mansion, Washington,
Oct 8, 1S91-Hon. Stephen j. Field, as
sociate justice of the supreme court of
the United States, Washington, ID. G.
My Dear Sir-ln April last Chief
Justice Fuller, accompanied by Mr..
Justice Brewer. handed me your resigna-
ton rs associate justice of the supreme
court Of the United States to take effect
December l. 1897.
In hereby accepting your resignation
L wish to express my deep regret that
you feel compelled by advancing years TO
sever your active connection with the
court of which you have so long been II
distinguished member.
Entering upon your great office in
May, 1868, you will, on the first of next
December. have served this bench n per-
lod of thirty-four years and seven months,
II term longer than that of any member
of the court since its creation, and
throughout Il period of special Importance
in the history of the country, occupied
with rs grave public questions us have
ever confronted that tribunal for de-
cisiOn.
81 congratulate you therefore, most
heartily upon a service of such excep-
ti0nal duration, fidelity and distinction.
Neither can | overlook the fact that you
received your commission from Abraham
Lincoln and graciOusly spared by n kind
providence, have survived all the men,
bers of the court of his appointment.
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 re-
membered, not only by your colleagues,
but by your grateful fellow countrymen.
"'With personal esteem and sincere
happiness during the period of rest which
you have so well earned. / am, dear sir,
WILLIAM M'KINLEY.'
My judicial career covers, many
years of service. Having been elected II
member of the supreme court of Califor-
mia. | assumed that office October ID,
1857, holding it for five years, seven
months and five days, the latter part Of
son the 10th of March, 1868, | was
commissioned by President Lincoln, II
! 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 predecessors, while
my entire judicial life will have EN-
braced more than forty years. / may be
i n arlnnnI for saving that during nII this
period, long in comparison with the
brevity of human life. though in the
retrospect it has gone with the swiftness
of a tale that is told. ! have not Stunned
to declare in every case coming before
me for decision the conslusion which my
deliberate convictions compelled me ia
arrive at by the conscientious exercise of
| such abilities and requirements as
possessed. 1t is n pleasant thing in my
memory that my appointment came from
President Lincoln. of whose appOintees
| am the last survivor. Up to that time
there had been no representative here
of the Pacific coast, a new empire had
| risen in the west whose laws were those
of another country. The land titles were
from Spanish and Mexican grants, both
| of which were often Overlaid by the
claims of the first settlers. To bring or
der out of this confusion congress passed
| an act providing for another seat OF this
bench with the intention that ii should
| be filled by some one familiar with these
conflicting titles and with the mining
laws of the coast, and it SO happened that
! had framed the principal of these laws
and was moreover, chief justice Of Cali
fornia II was the wish of the senators
and representatives of that state as well
as those from Oregon that / should sue
coed to the new position. At their re-
quest Mr.. Lincoln sent my name TO the
senate and the nomination was unan-
mOusly confirmed.
During my incumbency three chief
justices and sixteen associate justices
have passed away. leaving me precious
remembrances of common labOrs and in
innate and agreeable companionship.
As ! look back over the more than n
third Of century that have sat on this
bench, ] am more ard more impressed
with the immeasurablc Importance of
this court. Now and then we hear II
spoken Of MS an arist0cratic feature of
republican government: but it is the most
democratic of all. Senators represent
their states and representatives their
constituents, but this court stands for
tho whole country, and as such is truly
"of the peoDle. by the people and for the
people" il has indeed no power to
legislatc. II can not appropriate dol
lar of money. II carries neither the
purse nor the sword. But il 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 mega
five power. the power OF resistance, Is
the only safety Of popular government
and il is an additional assurance when
the power is in such hands as yours.
"With profound respect and regard,
am. nv dear brethren, very sincerely and
always yours. - ,,,,
Following is the courts reply:
| "Snpreme Court of the United States.
Washington. u. c.. Oct. IL, 1S97.-Dear
Brother Field: We are. profoundly
moved by the 'etter in which you an
nounce to VS. your retirement from the
| bench. The termination Of judicial
career of such length and distinction
can not fail to inspire among all your
countrymen and. indeed. wherever the
realm Of Jurisprudence extends. n keen
sense of loss, which 10 your colleagues
assumes the aspec. Of persona! bn-
reoyement: for the intimacy necessarily
4. cident to the conduct Of work 10 con-
slant. 80 exacting and Of such vital i'm
portance as ours. inevitably draws us to-
eether nv ties Of the closest character,
which can not he dissolved without emo
items of deep sadness and regret. We
feel that our parting involves not simply
the derivation of the assistance at
forded by your learning. yonr vast ey-
nerience and your earnestness in adj
vocacy of your convictions. hut the sew
GRANGE of those relations which have
contributed so much to tighten the hard