The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-10-15
birthday of my father, who indulged
just pride at my accession to this exalted

birthday of my father, who INDUCED q
just pride at my accession to this exalted
position.
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.
"When l came here the country was in
the midst of war. Washington was one
great camp, and now and then the boom
of cannon could be heard from the other
side of the Potomac. But we could not
say tier arma silent leges. This court met
in regular session, never once failing in
time OF place, and it's work went on as
though there were no sounds of battle.
Indeed the war itself simply added to the
amount of litigation here rs elsewhere.
But the war ended in couple of years,
and then came the great period Of recon-
stl uction and the last amendments to the
Federal Constitution. In the effort to
re-establish the nation, to adjust all
things to the changed political, social and
economical conditions. questions OF lar
reaching import were developed, questions
OF personal liberty, of constitutional right
Which after oft times heated discussions
before the people and in the halls OF Con
gress, came to US for decision. do not
exaggerate when / say that no more
difficult and momentous questions were
| - PhOSCdUCo W UjllS VI Olif CpAiS1 OcoA W
look back with pride and joy to the fact
That was permitted to take part In the
consideration of all of these important
questions. and that not infrequently
was called upon to express the Judgment
OF this court thereon. And, now that
those times of angry debate, deep feeling
and judicial decision have passed, it is
pleasant to realize that the conclusion
announced by this court have been ac-
cepted, not simply of necessity as so pre-
scrlbed by the fundamental law, but, in
the main, as in themselves both correct
and wise.
'As we all know, the period of the war
was followed by one, continuing even to
the present time of marvellous material
development. Out of this changed social
and economic condition have sprung not
merely an immense multitude of cases.
but litigation of character vitally affect
ing the future prosperity and safety of
this country 10 this court have come
for final solution and decision many of
these questions and cases.
by the blessings OF Almighty God my
health and life have been preserved and
have been enabled to take part in the con-
sideration of all these cases. Few appre-
| clate the magnitude of OFT labors The
burden resting upon us for the last fifteen
or twenty years has been enormous. The
volumes of our reports show that | alone
nave WIlbL6u OSU OplulCHb. LII W tuSS6
are added 81 opinions in the Cicruit court
and 365 prepared while / was on the Su-
preme court of California, it will be seen
that have voiced the decision in 1O42
cases.
n, 1t may be said that all of our decis-
ions have not met with the universal ap-
proval of the American people, yet it is
TO the great glory of that people that al
ways andsseverywhere has yielded will
ling obedience to them. That fact is elo-
quent of the stability of popular institu-
tions and demonstrates that the people OF
the United States are capable of self gov
ernment.
"As look back over the more than a
third of a century that have sat on this
bench, I am more and more impressed
with the immeasureable Importance of
this court. Now and then wo hear it
spoken of as an aristocratic feature of a
Republican government But it is the
most Democratic of it all.
"Senators represent their states and
Representatives their constituents, but
this court stands for the whole country
and as such it is ruled ''of the people by
the people, and for the people" 1t has
indeed no power to legislate. 1t cannot
appropriate 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
k66pS luo WlOle mlSubf IdUrlo VI dOVSrn-
nlent from rushing to destruction. This
negative power. the power of resistance,
is the only safety OF popular govern
ment, and it is an additional assurance
when the power is in such hands as yours
with this give. place 10 my successor.
But l can never cease to linger on the
memories Of the past. Among the COM
pensations of all the hald work that a
seat on this bench imposes have been the
iatimacies and friendships that have been
formed between its members. Though
we have often differed in our opinions, it
has always been an honest difference,
which did not affect our mutual regard
and respect. These many years have in
deed been years of labor and toll, but
they have brought their own reward: and
we can all join in thanksgiving to the
author of our being that we have been
permitted to spend SO much of our lives
in the service of our country. With pro-
found respect and regard, l am, my dear
brethren,
Very sincerely and always yours,
"STEPHEN ]. FIELD
The following in the courts reply:
Supreme Court of the United States,
Washington, October ID, 1897.
Dear Brother Field We are profound
ly moved by the letter in which you an
nounce to us your retirement from the
bench. The termination of judicial
career of such length and distinction can
not fail to inspire among all your coun-
trymen, and. indeed, wherever the realm
Of jurisprudence extends, q keen sensS'of
loss, which to your colleagues assumes the
aspect of a personal bereavement. For
the intimacy necessarily incident to the
conduct of work so constant, go exacting
and of such vital Importance as yours.
inevitably draws us together by ties of
the closest character which cannot be dis
solved without emotions of deep sadness
and regret We feel that our parting in
wolves not simply the deprivation of the
assistance afforded by your learning, your
vast experience and your earnestness in
advocacy of your convictions, but the
severance of those relations which have
contributed so much to tighten the hard
est labors of the road.
This is not the time or place to dwell
on the reputation you have achieved rs q
jurist. The record is made up and may
safely be committed to the judgment of
posterity. But we cannot part with you
as an active member of the court without
the fervent expression Of hopes that you
may be spared for many years to enjoy
the reD0SarVOll haya 81 thor0I1phIy parDad