The herald., 1897-10-15

! W
ting that l should participate before
leaving that bench, and l fixed tbs. 10th
of May as the day on which to take, as
l did, the oath, because it was the egh-
ty-second birthday of my father who
ndulged a just pride at my accession
to this exalted position. AT the head of
the court, when / became oc.e of its
members, was the venerable Chief JUS
tice Taney, ard among the associate
justices Mr.. Justice Waite, who had sat
with Chief Justice Marshall, thus con-
stituting link between the past and
future, and as it were binding into unity
nearly the entire ceciury of the life of
the court. During my mbency
three chief justices and. sixteen asso-
ciate justices have passed away, leav-
ing me precious remembrances of COM
mon labors and intimate and agreeable
companionship. When 1 came here
the country was is1 the MIDST of war
Washington was one great camp, ard
now and then.the boom of cannon could
be heard from the other s6.e of the Po.
tomac. But we could not say Int,
Arma Silent Leges.''
This court met in regular session.
never once falling, in time or place, and
its work went on as though there wers
no sounds of battle. Indeed, war itself
simply added 10 the amount of litigation
here as else ewhere. But war ended in
couple of years, and then came the
great period of reconstruction and the
last amendments to the federal consti-
tuition. In the effort to re-establish the
nation to adjust ALI things. to chang
the political and economic condition
questions of far-reaching Importance
developed, questions of personal lib
erty] and constitutional right, which
after oftimes heated discussions before
the people and in the halls of congress
came to us for decision. l do not eXag
gerate when I say that no more difficult
and momentous questions were ever pre-
sented to this or any other court. look
back with pride and joy to the fact that
was permitted to take part in the
consideration of all those importan;
questions, and that not infrequently was
called upon to express the judgment of
the court thereon. And now that those
times of angry debate, deep feeling and
judicial action have passed, it is pleas.
ant to realize that the conclusions
reached by this court have been ac
cepted, not simply as a necessity, pre-
scribed by fundamental laws, but in
the main, as in themselves, both cor
rect and wise. And we all know the
period of war was followed by one con
tinuing even to the present time, Of
marvellous material development
Wealth accumulated, such as never be
fore dreamed Of in this country. Gigan-
tic enterprises wer undertaken and car
ried through. Invention s. have multiplied
the conveniences of life, as we'll as the
possibilities of achievement. Indeed, the
conditions Of life have entirely changed
from those that prevailed prior to the
war. Out of thiS~changed social and
| economic condition have sprung, no:
| merely an immense multitude of cases
| but litigation of a character vitally af
| fecting the future prosperity and safety
| Of this country. To 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
! 1 have been enabled to take part In the
| consideration of all of these cases Few
appreciate the magnitude of-our labors
The burden resting upon us for the
| last fifteen or twenty years has beer
enormous. The volumes of our reports
show that 1 alone have written $40 opin-
ions. If to those are added tifty-sever
opinions in the circuit court and 365 pre-
pared while l was on the supreme court
of California, 1t will be seen that I have
voiced the decision in 1912 cases It may
be said that all of our decisions have no.
met with the UNIVERSAL approval of the
American people, yet it is to the great
glory of that people that always and
everywhere has been yielded a willing
obedience to them. That fact Is eloquent
of the stability of popular institutions
and demonstrates that the people of the
United States are capable of self-gov-
ernment.
AS I look back over the more than
third of century that have sat on this
bench I am more and more impressed
with the immeasurable Importance 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 repre-
sent 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 peple.
| 1t has, indeed. no power to legislate
1t cannot appropriate a dollar of money
| 1t carries neither the purse nor the
sword No does it possess the power OF
declaring 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 an addi-
| tional assurance when the power is in
such hands as yours.
With this l give place to my successor
| but I can never cease to lnger on the
me mories of the past Among the compen-
sation for all the hard work that a seat
on this bench imposes have been the in
timacies 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
! indeed, been years of labor and of toll
but they have brought their own re-
wards, and we can all join in thanksgiv-
ing 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 profound respect and regard, l
am. my dear brethren. very sincerely
and always yours,
(Signed) STEPHEN J. FIELD.
The following is the courts reply:
Supreme Court of the United States
Washington. d. c., October 14th
Dear Brother Field: We are profound
ly moved by the letter in which voll a ~