The times. [volume] (Richmond, Va.) 1890-1903, 1897-10-17

| preme Court, informing them that the
President had accepted his resignation
| shows that he has lost none Of his mental
vigor. nor any Of that splendid mastery
Of English composition. for which he has
been so conspicuous His letter Is a model
OF what great jurist ought to be able
TO say when taking of his armor TO lay
II down, after a life work in the service
/ Of the law. He tells his brethren that
he has written the opinion OF the Supreme
Court OF the United states in $40 cases,
the opinion OF the Supreme Court Of Cali
fornia in 365 cases, and the opinion of the
Circuit Court OF the United States In 81
cases during an incumbency of the bench
OF more than forty years-l.O42 In all-and
that II have not summed to declare in
every case coming before me for decision.
the conclusions which my deliberate con-
victions compelled me TO arrive at by the
| conscientious exercise of such abilities
and requirements as possessed
Truly It is a comforting reflection for
any man to be able to make such a state
ment as this at the end Of his public
career
The part which Mr.. Justice Field has
played in public life in America VIII be
reckoned In the future as one OF the most
distinguished and important parts played
by any man that has ever participated
In our public affairs. After the war the
great questions relating to the restoration
Of the Union had to come before the su-
preme Court Of the United States for ad-
Indication. In the border states the vi
cious enmity Of those whose sympathies
were against the Confederate elements
was given control. and there malice and
enchantableness manifested itself in all
sorts Of harassing legislation, aimed at
the Confederate sympathizers. In Mis-
souri, a Constitution was adopted which
forbade any person to exercise any func-
ton whatever Of public nature. unless
he could and would swear that he had
never had any sympathy with the Con-
federacy. No one could be a director or
other officer in a corporation, OF act as
minister OF the Gospel unless he had first
taken this oath
A Catholic priest was indicted and pros
ecuted in the Missouri courts for preach
ing and teaching without having taken
this oath. and he was sentenced 10 pay a
fine Of $500 and remain in Jail until the
fine was paid. His case was carried TO the
Supreme Court OF the United States, con-
sisting then OF nine justices. OF whom five
were for destroying the Constitution as
A barbarous infringement upon the ma
tural rights OF man and four were for
unfolding It. Justice Field wrote the
opinion OF the majority. which did more
n strike the shaclSles from the people OF
the South than everything else that hap
pened after the war. and he wrote an
opinion that will stand forever as land
mark in our constitutional law to secure
the citizen against the unjust invasons
Of his personal rights that any tyranical
party coming into control Of the Govern
ment may seek to make. And at the same
time he wrote and delivered the opinion
OF the court. divided In exactly the same
way. in the Garland case. in which it
was decided that Congress could exact no
test oath of the same character from the
Southern people.
Finally the constiiutionality Of all Of the
reconstruction legislation Of Congress was
brought before the Supreme Court in the
McAIdle case.
Colonel McArdle OF Mississippi, was
charged with homicide. and he was tried
by a military commission. provided for by
the reconstruction acts, and convicted.
His case was brought before the Supreme
Court upon a writ Of habeas corpus. and
the qestion made there was whether the
reconstruction acts were or were not con-
stitutlonA. by the same vote Of five 10
four the court cut them all up by the
roots. Mr.. Justice Field wrote the op!n-
ion. Meanwhile It got out that the court
was going 10 destroy them. and a bin
was introduced into Congress 70 deprive
the court Of is Jurisdiction in habeas
corpus cases. II IS the custom IN the SUI
preme Court 10 read the opinions IN con-
ference on Saturday that are 10 be de-
llyered on the next Monday. Justice Field
brought IN the opinion OF the majority on
Saturday, and read It In conference.
whereupon ono OF the minority moved
that that case be not decided the next
Monday. This was 20 give the malignants
time 70 pass their repeating act Upon
the question Of postponing the decision.
Justice David Davis. who had voted to
destroy the acts. deserted his associates
and went over to the opposition, and the
decision was postponed TO the following
Monday. Meantime the act Of repeal was
rushed through Congress. and thus the
people OF the South we're held under the
honors OF the period Of reconstruction.
Whenever the question OF sound money
or fiat money has been before tho Supreme
Court. Justice Field has always held that
Congress had no power to make anything
money but gold and silver
In 1850 there was a strong movement
made TO make Justice Field the nominee
OF the Democratic party for the Office
OF President. But the sensationallsts pre-
vailed. and nominated Hancock, under the
idea that the glamour OF soldiers ca