The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-10-19

Away During His Service on the Supreme
Bench
Washington, October Att was an
nounced at the supreme court today
that Justice Stephen J.. Field, of Cali
fornia, had notified President Mckinley
of his intention to retire as a member
of the court, and had informed his col
leagues of this fact. 1t is expected that
his successor will be nominated by the
president Immediately after the conven-
ing of congress in December, and that
Attorney General McKenna, also of
California, will be named for the office.
Justice Field, it is learned, notified the
president last April of his intention to
retire, but the president did not &C
knowledge until October 9th.
In the letter of Justice Field to his
associates, notifying them of his retire
ment, is a copy of the acceptance Of
his resignation by the president, in
which Mr.. Mckinley speaks in the
highest terms Of the services rendered
by the distinguished jurist. The letter
further says:
MY judicial career covers many
years of service. On the 10th Of March,
1863, I was commissioned by President
Lincoln a justice of the supreme court
OF the United States, aking the oath
Of office on the goth day Of the follow
ing 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 jul
dicial life will have embraced more
than forty years. / may be ~pardoned
for saying that during all this period,
long in comparison with the brevity of
human life, though in the retrospect
it has gone with the SWitness OF a tale
tina is told, / have not Stunned to de-
clare 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 l
possessed.
ct is a pleasant thing in my memory
that my appointment came from Presi-
dent Lincoln, of whose appOintees l 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 became n of its men,
bers, was the venerable Chief Justice
fancy, and among the associate JUS
tees was Justice Wayne, who had sat
with Chief Justice Marshall, thus con-
stituting a link between the past and
the future, and as it were, binding 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
remembrances of common labOrs and
intimate and agreeable companionship.
When I came here the country was in
the midst of war. Washington was n
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: Inter arma silent leges.'
This court met in regular session, never
once failing in time or place, and it's
work went on as though there were no
sound of battle. Indeed, the war itself
simply added to the amount Of litiga-
ton here as elsewhere. But the wal
ended in a couple Of years, and then
came the great period Of reconstruction
and the last amendments to the federal
constitution. In the effort to re-estab-
lish the nation, to adjust all things to
the changed political, social and econ
Omic conditions, questions of farreach-
ing import were Neutrality-suspicious. of
personal liberty, Of constitutional right,
which, after oftimes heated discussions
before the people and in the halls of
congress-, came to us for decision. I do
not e~xaggerate when / say that no more
difficult and momentous questions were
ever presented to his or any other
court. / look back will pride and joy
to the fact that / was permitted to take
part in the consideration of all these
important questions, and not infre-
quently I was called upon to express
the judgement Of this court thereon.
And now that those times of angry bat
tie, deep feeling and judicial decision
have passed, it Is pleasant to realize
that the conclusions by this
court have been accepted, not simply Of
necessity as so prescribed by the funda-
mental law, but in the main as in
themselves both correct and wise.
A we all know, the period Of the
war was followed by one continuing
even to the present time, Of marvellous
material development. Wealth accu-
mulated such as never before was
dreamed of in this country. Gigantic
enterprises were undertaken and car
ried through. Inventions have multi
piled the cOnveniences of life. as we'll
as the possibilities of achievement. In
deed, the conditions of life have essen
TALLY changed from those that prevail
ed prior to the war. Out of this chang
ed social and economic condition have
sprung not merely an immense multi
tude of cases, but litigation if a char
acter virtually affecting the future
prosperity and safety of this country.
To this court nave come for final solu-
ton and decision many of these ques-
tionS and causes. By the blessing of
Almight God my health and life have
been preserved, and l. have been en-
abfed to take part in the consideration
OF all these causes. Few appreciate the
magnitude of our labors. Me 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 go opinions, in
Guiding the California bench. 1,042.
IF it may be said that all of our de-
cisions have not met with the universal
approval of the American people, yet
it is to the great glory of that people
that always n everywhere has been
yielded a willing obedience to them.
That fact is eloquent of the ability of
popular institutions, and demonstrates
that the people of these United States
are capable Of self-government.