The San Francisco call., 1899-04-11
THE FIELD FAMILY.


ing, but township Within its limits is church,
and now there is a railway station, and the modern
postal and other necessities have required subd-
vision into several Haddams designated by the points
of the compass But the parents OF this family lived
in Haddam it when it reached that eminence
which formerly immortalized place, and had long
meter tune named for it in "the book OF hymns pre-
pared for the public worship OF God in song. Had
dam has stood to this day in much OF its primitive
garb and virtue as it was when the elder Field titled
his small bit OF stony land week days and preached
in the quaint old church Sundays. While the boys
were young he moved over into the Berkshire Hills
in Western Massachusetts and there reared his family
His income never exceeded 5000 year. and yet that
sturdy eli-denying father gave his four college
education and sent them into the world physically and
mentally well armed for their careers. He had the
reward OF his abstemous and tosome life in living to
know that he had reared four of the greatest Amer
cans that were ever rocked in one cradle. He lived
to see his boy Cyrus prove his faith that cables
could connect every part OF the planet by telegraph
and to see his boy Stephen take his the great
Judicial bench in the world, and his boys David
and Henry foremost in their professions. Old Had
dam is sung by the worshiping congregations but
the story of how Cyrus laid the cable is ticked back
and forth between the Antpodes every minute in the
year.
While it is true that at time Cyrus W. Field
ranked capitalist and millionaire, it is also true
that these four remarkable brothers had all achieved
cminence and reached first place by dint of quality
and character before any OF them had acquired even
modest fortune.
Looking back to that New England fresde, the
mind is impressed and depressed by the changes that
fill in the space between the childhood OF this family
and the close OF their careers. The income OF six
hundred dollars on which they were reared and edu-
Gated does not now seem to suffice for the support of
single man, much less for the training OF four boys
in college.
In their case there was in it than the college
training Judge Fields career is full OF acts refer
able to his memory OF his early life In California he
was the author OF our exemption laws releasing from
execution for debt all the OF obtaining living.
He arrived here in the fall OF 40 and soon observed
the judicial confusion when the early attempted
to adjust the rival claims OF miners Going back to the
principles of equity and the memory Of that strait
way OF his fathers wherein all food and shelter had
depended upon the judcable right to the little they
had he framed and passed in the Legislature OF 1851
this statute: In actions respecting mining claims
proof shall be admitted OF the customs usages or
regulations established and in force at the bar, or
diggngs embracing such claims; and such customs,
usages or regulations when in conflict with the
constitution and laws of this State shall govern the
decision Of the action
This was the first time in our history that class
OF laborers were empowered by statute make their
own laws respecting property and to have them
forced by the courts. The principle adopted by
the Federal Government and became the law OF the
land.
Judge Field drew the statutes organizing the judi
oial system OF California, and legislator and Judge
infused into laws and the decisions interpreting
and applying them the spirit which has made them
the panoply OF the rights OF person and property.
Even in the legal profession there will long be
roversy over many OF his decisions and over his opn
iens when in the minority OF the bench but the high
tendency OF his work as Judge was to entrench in
dvidual right and liberty In the Alilligan case he
decided against the right to try civilian and condemn
him before court-Inartia and extended to every ct-
zen the constitutional guarantee of a trial by jury
This and the other cases growing of the Civil War
required the highest judicial courage in making the
decisions which were counter the iniuriaed public
opinion and the potent passions generated in that
struggle
The Milhgan case was closely followed by Mis-
souri vs.. Cummings. The reconstructed constitu-
ton OF Missouri provided hearseaTching oaths,
containing not less than thirty afrmatons to past
conduct, and in denial OF sympathy, personal or po
litical with any one who took part in the rebellion In
army and the parental heart could outlaw and for
get its young, such oath peculiar atrocity.
Yet persons who would not take II were forbidden
practice profession, to the sick, shrive the
dying or bury the dead!
Mr. Cummings, a Catholic priest, indicted,
convicted and sentenced TO the penitentary for
ing at the altar OF his church without taking this
oath The case went to the Supreme Court OF the
United States, where Justice Fields view of il pre-
vailed and he wrote the opinion OF the court which
forever struck down in this republic the system OF
expurgatery oats which the spirit Of vengeance had
written into the fundamental law OF Missouri In the
same line followed his opinions in parte Garland,
in which Augustus H Garland, aierward Senator and
Attorney General, the party and who within
few weeks fell dead in the Supreme Court room be-
fore the bench where Justice Field reinvested him
with civil rights the McArde case, and many others
in which his judicial opinions extended over the
States lately in rebellion and to their people the
rights guaranteed bv the Federal constitution