The San Francisco call., 1899-04-10
DEATH OF STEPHEN J. FIELD.


arbitranent OF history The main facts that will enter
into his biography are elsewhere recapitulated His
judicial standing originally acquired in this State
became national and there is no part OF the United
States in which his passage from time to eternity will
not excite interest and comment.
He came om revolutionary stock His fathe
was a distinguished clergyman He was one OF hve
brothers. all OF whom exceptionally gifted and
noted He was casscaly educated, and spent two
years thereabouts OF his earlier life in Greece. Iii
1897 lie graduated in the first RANK from Williams
College For four years he applied himself to pre-
paratory law studies and in I84I admitted to the
bar OF New York For eight years he was in partner
ship with his elder brother David Dudley Field, who
was numbered among the great lawyers OF the Union
In 1S4o, after second visit to Europe, he came to
California and arrived barely in time to escape ex-
clusion from the Society of California Pioneers
In 1850 the record OF Judge Fields activities fairly
begins His possession Of unusual mental power
especially adapted to the profession he selected, and
his thorough comprehension OF principles and knowl-
edge of techncaties have never been questioned
Possessed OF these advantages, at the age OF 33 ne
took his place among the pioneers OF this State who
in proportion to their numbers, combined intelligence
education and energy in degree to which the history
of new communities furnishes parallel The
adaptation of American institutions and American law
to the conditions established by the Mexican rule,
and especially in relation land tenures, also pro-
duced litigation of original impression and OF vast i'm
portance which demanded and obtained or its solu-
ton legal capacity OF the highest order.
Judge Field had scarcely reached Marysville, where
he first settled when he became a judicial officer
through an election as Acade or Judge OF the Court
of First Instance and to strengthen his authority he
was also appointed and commissioned as Justice OF
the Peace His earliest practical service. however,
to the State was in legislative capacity. As
member OF the Assembly he prepared the two prac-
tice acts, civil and criminal, which, amended and
supplemented regulated the local administration OF
the law until the adoption OF the codes. He also
framed legislation for the protection OF miners and
the mining interests, upon which of the most i'm
portant departments OF State jurisprudence has
been chiefly based.
After years OF lucrative practice, in which his sue
cess in appealed cases raised him above most OF his
contemporaries in 1857 he elected to the Supreme
Bench where he served for about six years, and with
his able coadjutors first as Associate Justice and
aterward as Chief Justice contributed the elevation
of our highest tribunal to dignity which commanded
respect not only throughout the Union but abroad.
Politically he was a Democrat and when the Civil
War broke out he threw his intellect and his influence
on the side OF the Union. In 1868 he was appointed
by President Lincoln one of the Justices OF the Su
preme Court of the United States and assigned to
the Tenth Circuit 1t had been anticipated that the ap
toirtnerr would be rendered Oscar l. Shafter one
of the greatest lawyers and purest citizens that the
Union has produced. This fact alone shows the
weight and the influence by which Judge Field was
backed
Transferred from the Supreme Court of the State
to the Supreme Court of the nation tribunal that in
the extent OF its jurisdiction and in the novelty and
inricacy OF the questions it required to determine,
has no equal on the globe the opportunities OF Judge
Field for the illustration OF his judicial strength
enhanced by the heavy and complicated litigation,
involving searching constitutional interpretations, that
followed the close OF the Civil War He proved equal
to every OCCASION and though frequently in minority
and subjected to severe criticisms for OF the l.,
cisons in which he participated he left an indelble
impression upon the jurisprudence OF his country,
His vote determined and his opinion expressed the
decision Of the Supreme Court of the United States
against test oats which overturned the decision OF
our own Supreme Court upon similar question He
wrote prevailing opinions in large number OF leading
cases His dissenting opinions in the legal tender
cases in the confscation cases. in the slaughter
house case and in other controversies of equal sig
/ nifcance would alone have ranked him among the
| able judges OF the century.
! He was a member of the electoral commission OF
| 1877 which decided the conflict between Hayes and
Tden, and was one OF the minority OF seven. In
1880 he received IS votes for Presidential nominee in
the Democratic National Convention During his ju-
dical life many honorary distinctions conferred
upon him which it would be mpracticable to
merate
He possessed the faculty of judicial reasoning in
eminent degree, but in his personal character he
extremely positive, aggressive and unconciliatory.
Consequently he made and true friends, but also
persistent and bitter enemies At Marysve he quar-
relied with Judge Turner, and for months their
tual anmosity was vented in the courts and on the
streets In the Legislature possible bloodshed be-
tween himself and one OF his fellow members only
averted by the decided action OF David c. Broderick,
who was among his closest and dearest friends While
on the Supreme Bench the stabbing of Charles S.
Fairfax clerk OF the court, by Harvey Lee was due to
a struggle between the Court and the Governor for
the appointment of official reporter, in which Judge
Field was conspicuous The episode of the killing of