The Saint Paul globe., 1897-10-15
ACCEPTED BY MKINLEY.
M'KENNA TO BE GIVEN THE PLACE
ON THE SUPREME
BENCH.
LIFE WORK BRIEFLY REVIEWED
By the Retiring Jurist in a Letter
to His Associates of the
Court.

nounced at the supreme court today
that Justice Stephen j. Field, of CAL
ifornia, had notified President McKin-
ley of his intention to retire as mem
Der Of the court, and had informed
his colleagues of this fact. The mem
bers of the court, after adjournment
at o'clock today, called in a body
on the retiring justice to pay him their
| respects 1t is expected that his sue
cessor will be nominated by the presi-
dent Immediately after the convening
of congress in December, and that At
torney General McKenna, also of Cal
ifornia, will be named for the office
The president, apparently, has not
yet decided upon the appointments that
justice Fields retirement will occa-
sion, except that Attorney General Nc
Kenna will be nominated for the su-
preme bench, unless some cause inter-
VeneS between now and December 20
prevent it. Mr.. Mckinley has made
some inquiries of political callers, which
have led them to believe that his mind
is pretty well made up on Mr.. Nc
preme court, but to none Of them, so
far as can be learned, did he mention
the matter of new attorney general.
Supreme Court of the United States, Wash
| ington, Oct. u, 1S97-Dear Mr.. Chief Justice
| and Brethren Near the close of last term
feeling that the duties of my office had be-
come too arduous for my strength l trans
mitted my resignation to the president to
take effect on the 1st day of December next,
and this he has accepted, with kindly ex-
| pressions of regret, as will be seen from
copy of his letter, which is follows:
| Executive Mansion, Washington, Oct. 9,
| 1S97-Hon. Stephen ]. Field, Associate Justice
of the Supreme Court of the United States,
Washington, D. C.-My Dear Sir: In April
| last Chief Justice Fuller, accompanied by
Justice Brewer handed me your resignation
as associate justice of the supreme court of
| the United States, to take effect Dec. l, 1897.
| In hereby accepting your resignation, wish
to express my deep regret that you feel COM
| PEELED by advancing years to sever your
active connection with the court, of which
| you have so long been distinguished mem
| Der. Entering upon your great office in May,
| 1863 YOU will on the 1st of next December,
| have served upon this bench for a period
| of thirty-four years and seven months, a
| term longer than that of any member OF
| the court since its creation, and throughout
| a period of special Importance in the history
of the country, occupied with as grave pub
| lie questions as have ever confronted that
tribunal for decision. l congratulate YOU
| therefore, most heartily upon service OF
such exceptional duration, fidelity and dis
| tinction.
Nor can I overlook that you received
your commission from Abraham Lincoln, ana
| graciously spared by kind Providence, have
| survived ali the members of the court OF
his appointment. Upon your retirement potn
! the bench and the country will sustain
great loss but the high character and great
| ability of your work will live and long ne
remembered, not only by your colleagues, put ~,
by your grateful fellow countrymen; Win
personal esteem and sincere best Wlsnes Ior
| your contentrnent and happiness during the
| period of rest which you have SO well earheu'
| am, dear sir, ,,. ,,1-;n,o,,
NV judicial career covers many years OF Oh
| ser1tice Having been elected a member OF
| the supreme court of California, l assulaea ats
that Office Oct. 49, 1857, holding IL t6a tSa iat nHe
| fer mart of the time being chief justice: oi
the 10th of March, 1868, was Commissioners e,
| bv President Lincoln justice Oh tne sto sp,
nreme court of the United states, taklng tne
path of office on the Goth day CT the 1olioW-
| ing Nav. When my resignation taxes elect c
nv period of service on this bench VIII nave
| evceeded that of any Of my predecessors
While nv entire Judicial life will have EN-, M
| hracnd more than forty years may oe
hardened for saying that during all rrftI, TINS
period, long in comparison WIN etrospact sne 4
| IF human life though in the retrospect II
hos GONE with the swiftness OF taie that
is told. 1 have not Stunned to dec,aae aaaisid IL
! every case coming before me LOT ueGaSiiTn a9in
| tbe conclusion which my deliberate convio
tions compelled me to arrive at, by the con-
so;nntions siGtn exercise of such abilities and re-
! auirements as L possessed ,or,, +ba r
| II is a nleasant thing in my memory tna'
,i ~ onnointment ~ came from President Linco n,
| of whose aDpointees l am the last suINNLns'
| ~ In to that time there had been no repre-
Sentative here Of the Pacihc coast. ,na,s new
ennnire had risen in the West whose idw5
! wera those of another country. Inc lanu
| titles we're from Spanish and Mex can sIatta, ~
| both of which were often overlaio ny Tue
| claims of the first settlers. 10 prlns oiuei
o,1t Of this confusion, congress passed an act
| n~oviding for another seat on this bench' WIN
! tha intention that it should be hlled py soine
familiar with these 81 @hn caast and as it
| so happened that l had framed the pflaciipal i
of these laws and was, moreover GnleI Jug.
| tice Of California, 1t was the "i9ia u totn
| Snnat0rs and representatives of that state
| as well as those from Oregon that succetu
to the new petition. AT ther request W, NJ
! lincoln sent my name to the senate anu LII Tue
nomination unanimously conlIIneu: i ms n3
| kindly welcome was extended in Marcn DuC
| 7 did not at once enter upon the dlschdrse
nf the duties of the office for the reason that,
| as chief Justice of California, L mad healu
arguments in many cases in the dlspcslttiion tioll
! of which and especially in the preparation
| of opinions, it was lifting that l shoui9 I9
participate before leaving that oench ,iinG anu
| I fxed the goth OF May the day on Whlch
! to take as | did, the OATH because It was the
| efghty-second birthday of my father, VINO VINO
| INDUCED just pride at my accession W Inis
| exalted position.
| At the head of the court when | became
one of it's members, was the venerable Cmef
| Justice Tamey, and amcng the associate JUS
| tfces was Justice Waite who had sat with
| Chief Justice Marshall, thus constituting
| link between the past and the iuture, ana
| as II were binding into unity nearly an en-
| fire century of the life of this court. during
| NV incumbency, three chief justices and SIX
! teen associate Justices have passed away.
| leaving me precious remembrances Oh common
labors and intimate and agreeable companion
| ship
When I 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 inter arma
| silent Ieges This court met in regular ses-
! sion never once failing in time or place, and
| its work went on though there were no
! sound OF battle Indeed, the war itself simply
| added to the amount OF litigation here as e Sc
where But the war ended in a couple of
years and then came the great period OF re-
| construction 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 economic
| conditions questions of far reaching import
were Neutrality-suspicious. CT personal liberty,
! of constitutional right, which, after oft-tsmes
heated discussions before the people and in
! the halls of congress, came to us for decis on.
I do not exaggerate when l say that NO more
difficult and momentous questions were ever
presented to this or any other court 1
| look back with pride and joy to the fact
| that l was permitted to take part in the
| consideration of all those important ques-
J tions. and that not infrequently l 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
| 1t is pleasant to realize that the conclusions
| announced by this court have been accepted
not simply of necessity, as so prescribed by
! the fundamental law, but in the main, as in
/ themselves both correct and wise. AS we