Virginia gazette. [volume] (Williamsburg, Va.) 1893-192?, 1901-03-09


that which TO your father and mother
wnsdearer than life itself. Defend tSeir
graves as they defended your cradle
Notice also that our illustrious friend
was great In reasonable and genial dis
sent. OF the l.os2 opinions he rendered
none was more potent or memorable
than those rendered while he was In
small minority and sometimes in mi +
nority of one learned and distin- /,
guished lawyer of this country said he
would rather be the author OF Judge
Fields dissenting opinions than 20 be
the author of tho constitution OF the
United States. The tendency Is 20 60
with the multitude. 60 think what 9TH
ers think. 90 say and do what others do.
Sometimes the ma iority are wrong.
and il requires heroes % take the mega
tive. but TO do that logically and in
good humor requires some elements of
make up not often found in judicial dis
senters or. indeed. in any class OF men.
The Declaration of American indie
pendence was a dissenting opinion.
The free Church OF Scotland. under
Chalmers and his compcers was dis
scnting movement. The Bible itself.
L
a protest against the theories that
would have destroyed the world. and is
Q dissenting rs wen as a Divincly in
spircd book. The Decalogue on Sinai
repeated ten times Thou shalt not"
Tor ages 70 come viii be quoted from
law books IN courtrooms Justice FielS's
magnificent dissenting opinions.
Notice that our assembled friend had
such character rs assault and peril
alone can develop. lie had not come TO
the soft cushions OF the supreme court
bench stepping on cloth of gold and sa-
luted all along the line by handicap
ping OF applause. Country personages
do not rock their babies In satin-lincd
cradle or afterward send them out into
the world with enough In their hand 20
purchase place and power Pastors
salaries in the early part OF this cen
fury hardly ever reached 500 a year
Economies that sometimes cut into the
bone characterized many OF The homes
OF the New England clergyman. The
young lawyer OF whom We speak to-
day arrived in san Francisco in IS4q
with only ten dollars i'm his pocket
Willamstowu college was only intro
ductory 20 a ostgraduate course which
q our Industrious friend took while admin
istering Justice and h8lting rufiiauism
amid the mining camps OF California
Oh, those "forty-niEcrs." As they were
called. through what privations.
through what narrow escapes. amid
what exposures they moved Admins
tcring and executing law among out
laws never has been an easy undertak-
ing. Among mountaineers. many of
whom had no regard for human hfe:
! and where the snap Of pistol and bang
! OF gun were not unusual responses. re-
1 quired courage OF the highest metal.
Behind a dry goods box, surrounded
by tallow candles. Judge Field began
his judicial career. What exciting
scenes he passed through, An internal
machine was handed To him. and i'm
side the lid of the box was pasted his
decision in the Pueblo case. the decis-
ion that had ball<cd unprincipled specu-
lators. Ten years ago his life would
have passed out had not en- officer
of the law shot down his assailant. II
took a long training OF hardship and
abuse and misinterprctation and threat
OF violence and fash of assassin's knit,
90 fit him for the high place where D.,
could defy legislatures and con crcsse'
and presidents and the world when h,
knew ne was right. Hardship is III,
7 grindstoue that sharpens intellectual
faculties and the sword with which Z,
strike effectively Tor God and onet
country.
hottie also how much our friend do
Tor the honor OF the judiciary. VIVA
ulomentous scenes have been witnesse,
ia our United States supreme court. OF
the bench and before the bench. wheth
or far back il held its sessions In tn
upper room Of the exchange at New
York OF aftervvard for ten years in tn
city hail az Philadelphia or later in III
cellar Of yonder capitol, the place wher
for many years the congressional ii
brary was kept. sepulcher wher
books were buried alive. the hole calle,
, by John Randolph 1.-THE Cave Of TrophC
. MUS" What mighty men stood befor
that bar pleading in immortal elC
. quence ON questions of national import
r How suggestive the invitation whic
/ William Writ. the great virginia.
wrote his friend inviting him 20 yonde
supreme courtroom: Tomorrow
: week viii come on the great steam
I boat question from New York. Emmet
( and Oakley on one side. Webster an
} myself on the other. Come down an
hear IL. Emmett's whole soul is In n
e case, and he viii stretch all his power
} Oakley is said 10 be one OF the fine:
b logicians Of the age. as much Phocio
G as Emmett is a Themistocles, and Wei