Yale University Library 1^

39002013270880

r^

Is'' '^.t;.. , %'r 'W

%^

fe\^^>/M^-

-i%*h'

i^ ^4^'

<M ' t^3\^-' M\^4i #'

«?,,/"'"(*

1' * fk

|M!f,

1 w, >,; » m

.* i:^

/;M,

IM

¦^5sJ^%4.

1, IK.

YALE UNIVERSITY
LIBRARY

SKETCH OF THE LIFE
OF
STEPHEN J. FIELD,
OF THU
TJ". S. SXJI=I^EnVsJ:E GOXJI^T.
Published in the N. Y. Sirif of April 25, 1K80.

RECORD OF A MAN OF PLUCK.
Fidelity to the Constitution and a Strict Construction of States Rights—
The Family tha,t was Raised in New England— A Clergyman's Son
in the East — His Struggle for a liiving in California — A Scene in
the California Legislature — Raised to the Supreme Bench of the
United States — His Decisions and his Opinions.

Timothy Field and ISToah Dickinson were Captains in the war of
the Eevolution. Timothy won his rank by active service in the
Seventh Connecticut Eegiment. As Sergeant-Major in that 'regi
ment he fought in the battle of White Plains on the 28th of Oc
tober, 1776. Afterward he did good service in protecting the coast
of Connecticut from invasion. Noah served in the old French war
under Gen. Israel Putnam, and won patriotic fame in the Eevolu
tion. Both were God-fearing men, and were offshoots from the
old Puritan tree. Timothy had a son, David Dudley, who became
an eminent Congregational divine. JSToah had a daughter, Submit,
who grew up a lovely girl aud who was distinguished for aftability
and raental vigor.
The Eevolutionary Captains never met, but their children were
thrown together while David Dudley was preaching in Somers,
Conn. An attachment followed, and they were married. David
Dudley had just graduated frora Yale College. After marriage he
became pastor of the Congregational Churchin Haddam, Conn.
He reraained in charge of this church fourteen years. In 1818 he
removed to Stockbridge, Mass., where he preached sixteen years.
lie tlijen returned to Iladdam, and remained there from 1837 to

2
1851, when he went back to Stockbridge. He died there on ,
15, 1867. David Dudley and Submit Field had nine chi'
They were :
David Dudley Field, now an eminent lawyer, practising in this city.
Emilia Field, deceased. She married the Rev. Josiali Brewer, a well-kno
siouary. Timothy Field, who becarae a Lieutenant in Iho United States Navy, and wai
sea in 1836.
Matthew D. Field, deceased. He was a noted engineer, and built the sus,
bridge over the Cumberland River at Nastiville. It was destroyed during the "w ¦
Jonathak B. Field, deceased. Was once President of the Massachusetts Sens..';
Stephen Johnson Field, now Associate Justice of the United States Supreme Ci.-
Cyrus West Field, througii whose efiforts the first Atlantic cable was laid;
Heney Maktyn Field, an American Clergymau and a well-lcnown author.
Maey Field, deceased.
II.
Stephen J. Field was born in Haddam, Conn., on Nov. 4, ',
He was nearly three years old when his father removed to &r
bridge, Mass. He attended a country school, and was ai;'
scholar. He was a boy of pluck and endurance, and was her
the line of Congregationalism with difficult}'. The Mosaic
had more charms for him thap the new dispensation. His sc^
mates found it dangerous to knock a chip from his shouldei
he received a blow on one cheek, he returned it with interest.
was no better and no worse than the average minister's son.
In 1829 Stephen's sister Emilia marriedthe Eev. JopiahBr<
a returned missionary. Through Mr. Brewer's exertions a sc
in New Haven became interesited in the education of Greei
males. Greece had fairly thrown off the Turkish yoke, anc'
heroic conduct of Marco Bozzaris and the massacre of Scio ha;
cited great sympathy iu this country. Henry Clay's eloquen'^
peals in behalf of the struggling patriots had thrilled the hear
every American citizen. The Eev. JVIr. Brewer and his wife i
selected to establish the proposed schools for the edueatio;
Greek girls. Emilia wanted her brother Stephen, then 13 -(.
old, to accompany her. He had a natural aptitude for the acq:
ment of languages. His brother David Dudley urged him t<
cept the invitation, to study the Oriental languages during hifi
sence, and to fit himself for a professorship "of Oriental litera:
Stephen embarked with his sister and her husband. The v
was cleared for Smyrna. On their arrival at that city tte En;
missionaries persuaded the Eev. Mr. Brewer to abandon his <
inal idea of establishing the schools in Greece. He was convi!
that his sphere of usefulness would be much greater in Asia M
A school was opened iu Smyrna.
Toung Stephen remained in the East two years and a half.
visited Patmos, Scio and other islands, and spent a winter in At!
On one of his trips he was wrecked .on the Greek coast, and
rowly escaped with his life. He acquired the Greek, Italian

French languages. He spoke modern Greek as readily as his mo
ther tongue, and kept his diary in that language. He was in Smyrna
during the cholera season of 1831, and saw the ravages of the plague
in 1832. Over 30,000 persons left the city during the first epidemic.
Mr. Brewer reraained in Smyrna, and spent much time in the alle
viation of the distress of the suft'erers. He filled his pockets with
medicines, and visited patients daily. Stephen went with him on
these errands of mercy, and was rewarded by the gratitude of the
sick and dying.
He returned to this country in January, 1833. In the fall he en
tered Williams College. He took the highest honors in the junior
and senior classes, delivering the Greek oration and the valedictory,
and graduated in 1837. Israel W. Andrews, President of Marietta
College, and Col. Lewis Benedict of Albany, killed in the war, were
among his classmates. Stephen began the study of the law in the
office of his brother, David Dudley, in New York, in the fall of 1837.
In 1841 he was admitted to the bar, and became his brother's part
ner. He appears to have made no mark at the bar,* and perhaps
confined himself strictly to office duty.
In 1845 David Dudley Field wrote two articles for the Democratic
Review on the Northwest boundary. In his examination of works
on Oregon and California he becanie familiar with the geography
of the "Pacific coast. War against Mexico was declared in the
spring of 1846. One day David planted his forefinger on a raap
of northern Mexico, and tol^ Stephen that if he was a young man
he would go to San Francisco. "It's the finest harbor on the
coast," he said, " and I am satisfied that peace will not be declared
until the United States owns that harbor. If you will go out there,
Stephen, I'll pay your expenses and give you money to buy land in
San Francisco."
Stephen thought the matter over and declined. He tjad longings
for a second trip to Europe, and could not repress thera. The war
closed and California was ceded to the United States. Stephen
went to Europe in the summer of 1848. While sitting in Galig-
nani's news-room in Paris in November he read President Polk's
message confirming reports of the discovery of gold in California,
and regretted that he had not accepted his brother's offer. He
travelled over the Continent, and returned to this city on the 1st of
October, 1849.
III.
It was the heydey of the gold excitement. Stephen caught the
fever. His finances were at a low e*bb, and he fancied that he saw
a brilliant future for a young lawyer in the land of gold. Cyrus

« jfoTj,  The "Sun " is mistaken. Judge Field was admitted about the same time
with William M. Evarts, E. W. Stoughton, John E. Burrill, all four of whom became
conspicuous at an early period of their professional career as lawyers of great promise
and ability.

and David urged him forward. He secured lettei-s to various busi
ness men in San Francisco, and took passage in the Crescent City,
advertised to leave New York for Chagres on November 13. Cyrus
went with him to buy an outfit. While purchasing stationery, Cy
rus saw some chamois skins, and suggested that Stephen buy a few
and wrap his stationery in them. " Lawyers get paid oft" in gold
dust out there," he said, " and you raight need the skins to make
bags for your dust." Stephen paid $10 i'or twelve skins, and stowed
them in his trurik. David also gave him a note to collect. - " It's
John D. Stephenson's note for $400," he said. " I hear he's doing
well in California, and it may be of some use to you."
The passengers by the Crescent City landed at Chagres, and the
Indians poled them up the river to Cruces. Here they took mules
and rode over the mountain trails to Panama. Thousands were
there awaiting passage up the Pacific. The new comers were
booked through, and were transferred to the California, 1,000 tons
burden. The demand for transportation from Panama was so great
that steerage passengers by the Crescent City sold their tickets at
$750 each and awaited cheaper rates. The California was crowded
with over 1,200 passengers. Panama fever broke out, and the main
deck was covered with the sick. The only ph}-sician on board was
prostrated. Nerved by his experience in the East, Stephen did
what he could to aid the sufferers. He nursed a stranger to life.
The stranger was Gregory Yale, afterward an eminent California
jurist. Mr. Field landed in San Francisco on the night of the 28th of
Deceraber, 1849, with ten dollars in his pocket. It cost him seven
dollars to get his two trunks ashore. With two fellow passengers
he engaged a room in an old adobe building at $35 per week. The
two passengers took the bed, and Stephen "slept on the floor. On
the uext mprning he paid two dollars for breakfast. A solitary dol
lar was left. The weather was beautiful. The sides of the' hills
running back from the water were dotted with sheds and tents.
The bay washed the east side of what is now knowu as Montgomery
street, between Jackson and Sacramento streets. Happy Valley,
now Mission and Howard streets, between Market and Folsom, wa^
packed with shanties and tents. Men representing nearly eYery na
tion in the universe rushed through the narrow streets, each clad in
his national costume. Stephen met many New Yorkers. All shook
him by the hand and told him that he had come to a glorious country
About an hour after breakfast Stephen saw a crowd surging
around a sraall building facing the plaza. On inquiry he was told
that it was the Court House. Judge Almond was holding what
was known as the Court of the First Instance. Stephen saw two
of his fellow passengers sitting on the jury. They said that while
visiting the building out of curiosity, they were summoned by the
Sherift'. They demurred on the ground that they had just landed
"That makes no difference," the Sheriff' responded; "you're eligible

5

Nobody's been in the country three months." Each juror received
$8 for his services. Stephen hung around an hour or more await
ing an opportunity to serve his country, but got none. He resumed
his perambulations. While passing down "Clay street, near Kear
ney, he saw this sign ;

.TONATHAN D. STEVENSON.
GOLD DUST
BOUGHT AND SOLD HERE.

Pie remembered the due bill placed iu his hands by his brother
David, and entered the establishment. Jonathan stood behind the
counter, weighing gold dust. He recognized his visitor, and gave him
a cordial greeting. " Its a glorious country for business,"' he said ;
"I've made $200,000 since Pve been here." After further con
versation the due bill was presented. Jonathan scrutinized it, calcu
lated the interest, and paid Stephen $440 in doubloons.
With this money the young lawyer hired an office on the corner
of Clay and Montgomery streets at $300 a month, payable in ad
vance. The apartment was fifteen feet by twenty. He swung out
his shingle and awaited clients. None came. On the third day,
however, a fellow passenger turned up and laid thirty-two dollars
before him. " What's this for?" said Mr. Field.
" When you left the ship," was the reply, " you gave me sixty-
four New Yoi'k papers. I've just sold them for a dollar apiece,
and have come to divide with you."
The only business done by the lawyer in two weeks was the
drawing of a deed for a fellow passenger. He charged an ounce
of gold for his services, but the passengei* thought it unreasonable,
and Stephen compromised on half an ounce.
The financial sky was again becoming cloudy. Among his in
troductory letters Stephen found one addressed to Simmons, Hutch
inson & Co., a rising bu.siness firm. He presented it and was kindly
received. They told hira that the new town of Vernon, at the June-
tion ofthe Feather and Sacramento rivers, was a fine field for a young
lawyer, and offered to sell him town lots on credit. The steamer Mc-
Kira was advertised to sail for Sacramento on the next day. The firm
offered him a ticket, assuring him that Sacramento was not far from
Vernon. The jurist left San Francisco on Jan. 12, 1850. It was
the time of the great flood. The city of Sacramento was under
water, and Stephen was rowed to a hotel in a boat. The hotels
were jammed with miners and speculators, all in ecstacies over the
glorious country.
On the next day Mr. Field started for Vernon on the Lawrence.
The boat was so heavily laden that she was only eighteen inches
out of water. Her passengers were requested to keep as quiet as
possible, and not move around on her deck. After a four hours' run
the Captain became much excited. " Ho, stop her 1 " he shouted.

" Stop her ! Back water ! " The boat was running into a solitary
house that apparently stood in the centre of a lake. A collision
was barely avoided. « What place is this ? " Stephen asked " Ver
non," was the answer. He concluded that he would reraain on the
boat and nof put out a shingle at Vernon, although it seemed to be
a good opening for a young lawyer. On the following afternoon
the Lawrence stopped at a place called Nye's Eanch, near the junc
tion of the Feather and Yuba rivers. She had hardly struck the
landing before all the passengers moved toward an old adobe build
ing on the river bank. Tents surrounded it like toadstools. Be
tween 500 and 1,000 persons were squatted there. A map was
spread over a counter in the adobe house, and an active little gen
tleman was selling lots in the new town of Yiibaville. As Stephen
came in, the salesman looked at him and shouted, " Come, gentle
men, all you that want lots put your names down. You won't re
gret it." Stephen asked the price of the lots. " Two hundred and
fifty dollars, eighty by a hundred and sixty feet," was the reply.
." But supposing a man puts down his name and don't want the
lots," said the lawyer.
" Oh, you needn't take 'em if you don't want 'em," the salesman
answered. Thereupon Stephen subscribed for sixty-five lots, valued at $16,-
250. He had only $20 in the world. It was quickly reported that
a great capitalist from San Francisco was investing in the lots.
The proprietors of the place paid their respects to the new comer.
They were Messieurs Covillaud and Sicard, two Frenchmen.
They were delighted to hear Stephen speak French. The law
yer gave them some New York newspapers, including a copy
of the Evening Post announcing his departure for California with
an expression of good wishes. On that day, as Stephen was
unpacking his trunk within a tent, a bystander saw the chamois
skins that were bought by the advice of his brother Cyrus. He of
fered twelve ounces of gold for them. The. offer was accepted.
The gold brought $180.
On the next day M. Covillaud paid Stephen a second visit. " I
see," said he, " by the New York journals, that you are a lawyer.
We must have a deed for our laud, and we want you to draw up
the papers." The land was situated at the head of river navi
gation, and the placexpromised to become an important depot
for the mines. The tract had been bought from Capt. Johu A.
Sutter, the original discoverer of gold in California. The pur
chasers had received no conveyance. While the lawyer was drawing
up the deed, they sent a vaquero for Sutter, who lived on the Feather
Eiver, six miles away. Sutter carae in and signed the docuraent,
but there was no officer nearer than Sacramento to take the ac
knowledgment. Mr. Field said that a town with such fair pros
pects ought to have a magistrate. A new frame house brought up
on the Lawrence was erected on that day. In the evening the

miners held a meeting in this house, and resolved to organize the
town by the election of an alcalde and an ayuntamiento or council.
Stephen made a speech, predicting the prosperity of the new town
in glowing colors. He said that it lay in the centre of a fine au
riferous region, and commerce would concentrate at the junction of
the rivers. It would become the depot of trade for the northern
mines. On Jan. 18, 1850, Stephen J. Field was elected alcalde by nine
majority. The only objection urged against him was that he was a
new comer. He had been three days in th'e place, and his oppo
nent six. On that evening the miners again asserabled, and named
the town Marysville, after the only Araerican lady in the place, the
wife of M. Covillaud. She was one of the survivors of the Donner
party. I"V.
Mr. Field was sworn into office as the first alcalde of Yubaville
at Sacraraento on the 22d of January, 1850. Under Mexican law
an alcalde had a very limited jurisdiction. After the American
occupation, however, he exercised unlimited jurisdiction. Alcalde
Field was elected for the preservation of order. To strengthen
him. Gov. Burnett appointed him Justice of the Peace. His elec
tion was thus approved by the highest authority. His first case was
tried in the street. Two men came up, one leading a horse. Both
clairaed the animal. They asked the Alcalde to decide the right of
ownership. He administered the oath and thoroughly exarained
both parties. " It is plain, gentleraen," he said, " that the horse be
longs to this man," pointing to one of them.
"But," said the man who held the horse, "the bridle belongs to
me." " You are right," the Alcalde replied, and he rendered judg
ment. "What will you take for the ^orse ?" asked the owner ofthe
bridle, turning to the successful party in the suit.
" Two hundred and fifty dollars."
" Agreed," remarked the owner of the bridle. "And now, Mr.
Alcalde, I want you to draw rae up a bill of sale that will stick."
It was done. The Alcalde received an ounce of gold for trying
the case and an once for the bill of sale, and both men departed sat
isfied. Soon afterwards Alcalde Field went to San Francisco. While
there he bought a frarae house ancl several zinc buildings, and
shipped them to Marysville. He opened an office in the frarae
house, and exercised the functions of raagistrate and. supervisor of
the town. He kept books for the recording of deeds and a regis
try of conveyances. Under his official authority he had the river
banks graded, so as to facilitate the landing of vessels. H,e ap
pointed a marshal, and order and peace was preserved for miles

around. Forra of process was suited to the exigency of the case.
The owner of a river boat complained that the steamer plying be
tween Marysville and Sacramento had run down his boat, entailing
the loss of a part of his cargo. Alcalde Field instantly dictated
a process to his marshal, directing hira to seize the steamer and
hold it until further orders, unless the captain or owner gave se
curity to appear in action and pay any judgment that might be re
covered. The captain appeared, and the case was tried and judg
ment rendered within. five hours after the commission of the in
jury. In civil cases the Alcalde called a jury, if wanted, and in import
ant criminal cases summoned a Grand Jury. Attorneys were al
ways appointed to r-epresent the people and the accused.
One morning about five o'clock a man rattled the Alcalde's win
dow. "Alcalde ! ho, Alcalde ! " he cried, " there's been a robbery,
and you're wanted." On the previous night Gildersleeve, the
famous runner, had left several pounds of gold dustin an unlocked
trunk. Some one had cut throughhis tent and stolen the treasure.
Two men were suspected and arrested. The gold dust was found
upon one of them. He was indicted by an iraprovised Grand Jury,
and tried and convicted, all within a few hours. The Alcalde knew
not what to do with hira. There was no place of confinement, a
fine would not answer, and if the prisoner was discharged the crowd
would hang him. In this dilemma he ordered that he should be
given fifty lashes in public. If he was again found within the vi
cinity, the whipping waa to be repeated. The fellow was not seen
iu Marysville after the flogging.
A man was convicted on the charge of stealing $1,500 from a
woman. The Alcalde sentenced him to receive fifty lashes on two
successive days unless he gave up the money. If this was done,
half the sentence was to be remitted. The Marshal made the pris
oner hug a tree, and began to punish him. At the twenty-second
stroke of the lash the man cried " Stop, for God's sake, and I'll tell
you where the money is." He did so, and was forced to carry it
back to the woman an'd apologize. He was then marched back to
the tree, where he received the remainder of his sentence.
Camp Far West was a military post on Bear Eiver, fifteen miles
from Marysville. The officer in charge recognized the Alcalde's
honesty and executive ability by offering troops to support hira in
enforcing his decisions. This had a good eff'ect. Men said, "Why,
here's an Alcalde with United States troops at his back." The
landing at the river, several hundred feet wide, was covered with
squatters. The owners of land fronting the river made bitter com
plaints. The Alcalde told the squatters that they raust vamose.
They demurred. He threatened a forcible removal. The threat
was enough. The landing was cleared.
In -addition to his civil duties. Alcalde Field was an arbitrator in
numerous controversies. There was a dispute betwe,en workmen

and their employer. The workmen wanted $12 a day, and the
employer refused to give them more than $10. They referred the
dispute to the Alcalde. He declared that the workmen should be
paid $11 per day. There was a dispute as to whether freight on a
crate of crockery should be charged by measurement or by weight.
The Alcalde settled it in five minutes. One day a woman rushed
into his office and asked for a divorce. She said that her husband
treated he/shamefuUy. The husband was at her heels, also clam
oring for relief from the bonds of matrimony. On hearing that
they had children, the Alcalde persuaded them to kiss and forgive,
and they left his office arm in arm, amid applause from the specta
tors. Alcalde Field acted as Mayor, and administered justice in
Marysville until superseded by officers under the State Govern
ment. The place was infested with gamblers, thieves, and cut
throats; yet it was as orderly as a New England village. There
were neither nightly brawls, riots, nor lynching. It was the model
town of the whole country.
Within a short time after Mr. Field subscribed for sixty-five
town lots, property increased in value more than tenfold. In
ninety days he sold a small portion of his purchase for $25,000.
His frame and zinc houses brought in over $1,000 a month in
rents. The emoluments of office were large. At one time he had
$14,000 in gold dust in his safe, besides his rentals and other prop
erty. One day a red-cheeked boy, about 17 years old, entered his
office and asked for a situation. The Alcalde engaged hira as a
clerk at $200 a month. He was a-smart boj', and a clerk of un
surpassed ability. George C. Gorham was his name.
The second Legislature convened under the State Constitution
appointed W. E. Turner Judge of the Eighth Judicial District.
This district included the thriving city of Marysville. The new
Judge appeared in May, 1850, and announced that he would open
a district court on the first Monday in June. Ex-Alcalde Field
received New York newspapers by every stearaer. - He paid his
respects to Judge Turner, and sent hira various newspapers. The
.Judge had lived many years in Texas, and had a Texan's hate for
Free-soilers, Abolitionism, and similar aborainations. Araong the
newspapers he found a copy of the New York Evening Post. He
instantly denounced the ex-Alcalde as an Abolitionist. What was
intended as dn act of courtesy was the beginning of a long quarrel.
Mr. Field had made arrangements to return to New York. Just
before the opening ofthe General Term, however, Capt. Sutter told
him that he had been sued by one Cameron, and besought him to
appear as his counsel. He did so. On a preliminary motion Judge
Turner peremptorily ruled against him. .lesse 0. Goodwin re-

10
marked that the Practice Act passed at the first session of the
California Legislature contained a section bearing on the point at
issue, and gave Mr. Field a copy of the act. The lawyer begged
permission to read it, and was turning over the leaves when Judge
Turner said: "The Court knows the law. The mind of the
Court is made up. Take your seat, sir."
Mr. Field respectfully excepted to the decision, and said that he
would appeal.
" Take your seat, sir," retorted the Judge. " I fine you a hun
dred dollars."
" Very well," said the lawyer.
" I fine you $200, sir," added the irate Judge, " and commit you
to the custody of the sheriff' for twelve hours."
" Very well," repeated Mr. Field, unabashed.
" Sir," shouted the Judge, surcharged with passion, " I tine you
$400 and corarait you for twenty-four hours."
" But," said the cool lawyer, " the statute gives rae the right to
appeal from any order. It is no contempt of court to give notice
of an exception or an appeal. I ask -my brethren of the bar whether
such a notice can be so regarded."
" Sir," screamed the furious Judge, "I fine you $500, aud com
rait you for forty-eight hours. Put him out of court," he added,
turning to the sheriff. " Subpoena a posse. Subpoena me."
Mr. Field left the court room, followed by the attorney in the
case and a deputy sheriff'. As they were going down the street the
attorney remarked, " Never mind what the Judge does. He's an
old fool."
" Yes," answered Field, " he's an old jackass."
The expression was heard by a Capt. Powers, with whom Judge
Turner boarded. He ran to the Court House, opened the door,
and shouted : " Judge Turner, oh. Judge ! Judge Field says you're
an old jackass."
Turner became as red as a turkey cock, and the court room rang
with laughter. Meantime the deputy sheriff' transferred Mr. Field
to the custody of the Coroner. That officer accompanied him to
his office, and, after a pleasant little chat, left him to himself. He
reraained there, receiving visits from friends and indignant stran
gers. He wrote out a statement of the facts, aud had it verified by
witnesses. Toward evening the deputy sheriff" met Judge Turner, who asked
him what he had done with Field. " He's in his offlce," the deputy
replied. " Go put him under lock and key," thundered the Texan. " If
necessary, put hira in irons."
The deputy visited Mr. Field and detailed his orders. He added,
" I'll obey them by turning the key upon you in your own office ''
The lawyer indignantly asked for the warrant or commitment
The deputy replied that he had only a verbal order. Mr Field

11
then ordered him off his premises. He obeyed, but turned the
key after closing the door, saying that he was doing his duty and
nothing else.
Lawyer Field sued out a writ of habeas corpus, returnable before
County Judge Henry P. Haun, afterwards Broderick's successor in
the United States Senate. On the same evening he was taken be
fore Judge Haun. There was a great crowd. The sheriff could
show no order by which he held his prisoner, and Mr. Field was
discharged amid cheers. His friends were invited to the Covillaud
House, and champagne and cigars were placed before them.
When the enjoyment was at its height Judge Turner entered the
hotel and showered Judge Haun with filthy epithets, garnished with
characteristic qaths. He told him that he would teach him his place
as an inferior Judge, and declared that he would expel Field and his
friends from the bar. On that night J udge Turner was burned in
effigy on the plaza.
On Monday, June 10, Judge Turner ordered Judge Haun fined
$50 and imprisoned forty-eight hours for his judicial act in dis
charging Mr. Field from arrest. This was done under the pretence
that the order of the Court had been obstructed by Judge Haun.
At the same tirae Judge Turner ordered the reimprisonment of Mr.
Field, and expelled Mr. Mulford, Jesse 0. Goodwin, and Stephen
.J. Field from the bar. Stephen was expelled for contempt of court
in suing out the writ of habeas corpus, and Messrs. Mulford and
Goodwin for being witnesses on its return. All this was done
without notice to any of the parties. Judge Haun paid his fine,
and the Sheriff again took Mr. Field into custody. It happened to
be the day appointed by law for the opening of the Court of Ses
sions, of which Judge Haun was the presiding Judge. Stephen
sued out another writ. While arguing it before the Court of
Sessions the Sheriff entered. He declared his intention of taking
Judge Haun from the bench and confining both Mr. Field and the
Judge, pursuant to the order of Judge Turner. Judge Haun told
the Sheriff' he was violating the law. The Court must not be dis
turbed. The Sheriff" returned to Turner. That official directed
him to summon a posse and carry out his instructions. If neces-
sarv, he was to handcuff" Judge Haun.
the Sheriff" entered the Court of Sessions backed by a strong
posse. Mr. Field was interrupted in his argument and dragged
from the court room. The Sheriff then advanced on Judge Haun.
His Honor stepped to a closet and drew from it a huge navy re
volver. He cocked and leveled it, and told the Sheriff that if he
tried to arrest him while on the bench he would kill him. He also
fined the sheriff $200 for contempt of court, and appointed a
temporary bailiff and directed him to clear the room of disturb
ers. The bailiff summoned the bystanders and the room was
cleared. Judge Haun then laid the revolver on his desk and asked
if there was any further business before his court.

12
On that night nearly everybody in Marysville visited Mr. Field's
office. He made a speech, and was cheered to the echo. Some
enthusiastic citizens passed Judge Turner's boarding house on then-
way home and groaned and discharged their pistols as a finale to
the proceedings of the evening. Turner afterwards asserted that
Mr. Field had instigated an armed mob to attack him in his own
house. On the next day Judge Haun was persuaded to make a
qualified apology to the District Court for discharging Mr. Field.
He said that if he had obstructed the order of the. Court he did it
unwittingly and not contemptuously. Thereupon Judge Turner
remitted his fine and recalled his order of confinement.
Counsellor Field [applied to the Supreme Court for a mandamus
to compel the vacating of the order striking his name and the
naraes of his friends from the roll of attorneys and to reinstate
them. He also asked for a raandaraus to vacate the order impos
ing a fine and imprisonment. A peremptory writ was issued di
recting the Judge to reinstate them. Under a writ of certiorari
the order imposing a fine was reversed and vacated. Judge Bennett
delivered the opinion. He took the ground that an attorney or
counsellor could not be expelled from the bar without formal charges
and opportunity to be heard in his defence. He said that Judge
Turner's order did not show that any act was committed which
constituted a contempt of court, and therefore it was void upon its
face. The mandamus was not obeyed. All the prominent citizens
theu petitioned for Judge Turner's removal. He frequented gam
bling saloons, associated with disreputable characters, and was at
tiraes grossly intoxicated. He threatened to publicly insult Mr.
Field, and to shoot hira down if his conduct was resented. Ste
phen went to San Francisco and consulted Judge Bennett as to his
course. " I will not give you any advice," said the Judge, " but if
it were ray case I think I should buy a shotgun, and stand on the
street and get the first shot."
" But I can act only in self-defence," protested Mr, Field.
" I think that would be acting in self-defence," Judge Bennett
responded. The lawyer bought a brace of revolvers, and bad a sack coat
made with side pockets so large that the pistols could be concealed
and discharged without being seen. He began to practice firing
the pistols frora the pockets. In a short time he was able to hit
his mark across the street. He then sent a friend to Judge Turner
with instructions to assure him that while he desired no personal
encounter, he neither proposed to cross the street nor go a step out
of his way to avoid one. He had heard of his threats, and if he
attacked or approached him in a threatening manner he would kill
him. The message was eff'ectual. Whenever they met the lawyer
dropped his hands into his pockets and cocked his pistols, in readi
ness for any emergency. The Judge never interfered with him.
Citizens of Marysville declared that the lawyer's pluck and seem
ing recklessness alone saved. him.

13
Meanwhile Stephen's business was ruined. The Judge's refusal
to obey the mandate of tbe Supreme Court left him no practice.
He embarked ou the sea of speculation, and in a short tirae lost
all that he had acquired and became involved in debt. Judge
Turner threatened to drive him into the Yuba Eiver.

VI.
A State election was at hand. Stephen's friends placed him in
the field as a candidate for the Assembly. He accepted the nomi
nation, asserting that his object was the reformation of the judici
ary and the removal of Judge Turner from the district. Yuba
County then included Nevada aud Sierra Counties. It was fifty
miles wide and a hundred long, and contained over twenty-five
thousand inhabitants. The plucky lawyer threw his heart and soul
into the canvass. He visited nearly every precinct, and spoke
wherever he could get a hearing. Turner denounced him far and
near as an abolitionist. In a speech to the miners in the town of
Nevada, Mr. Field said that the contests of miners respecting
claims ought to be tried at home. Local magistrates should have
greater jurisdiction. As the law stood, a man's right to a mule
could not be determined without going to the county seat, thus
subjecting the owner to a cost greater than the value of the ani
mal. He was in favor of legislation that would protect miners,
and prevent a forced sale of their utensils. Here a miner charged
hirn with abolitionism. " It is false," the lawyer replied.
" But you have a brother in New-York who is a Freesoiler," the
miner shouted.
" So I have," Stephen answered, " and a noble fellow he is, God
bless him ! But I have another brother, a slaveholder in Tennes
see, and with which I ask, in the name of all that is good, are you
going to place me ? "
He then spoke in favor of popular sovereignty and States' rights,
and closed with a grand picture of the future of California. He
carried the precinct by between 300 and 400 majority, but lost
Marysville because he prevented the lynching of one Kiger on cir
cumstantial evidence. As he was an independent candidate, his
election expenses were very heavy.
The mandamus comraanding Judge Turner to vacate his order
of expulsion was issued on July 4, and was served on the 16th.
The Judge openly declared that he would stand impeachment be
fore he would obey it. While applying to the Supreme Court for
the writ, Messrs. Field, Mulford, and Goodwin were admitted to
practice in that court. Such admission, under the rule, gave thern
the right to practice in all the courts of the State. To stera its ef
fect Judge Turner directed the Sheriff' to notify the three lawyers
to show cause before his court, in Sutter County^ why they should
not again be expelled frora the bar for the publication of an article

14
in the Placer Times, written in reply to an attack from him. The
Judge's order was dated October 4, and was served on the 8th. It
required the lawyers to appear on the 3d. As this was prior to the
date of service and issue, they paid no attention to it. On the llth
the Judge again threw thera over the bar. After the ad.iournment
of his court he discovered his blunder in dates, and directed the
Sheriff to notify the trio that this last sentence of expulsion was
recalled. They were commanded to appear before him on the 28tli
and show cause why they should not a third time be expelled.
Meantime the Judge lounged about saloons, asserting that if they
did not appear on this second notice, he would make an order for
their expulsion, and if they did appear, he would expel them for
contempt in publishing their reply.
On the 28th of October the trio appeared before Judge Turner.
Mr. Field read an affidavit from one of the associate Judges (of
the Court of Sessions) to show that Judge Turner had openly de
clared a purpose to expel them in any event, and said that it was
idle to call upon thera to show cause against such threatened ac
tion. Judge Turner declared the affidavit disrespectful. Per
mission to file it was refused. The three lawyers were tossed over
the bar. He directed that the order be published in the Sacramento
Times and the San Francisco Herald.
Mr. Field applied to the Supreme Court to vacate this third ex
pulsion, and also to attach the Judge for non-compliance with the
original mandate. The Court decided that the expulsion was ir
regular, and issued an order permitting the lawyers to practice in all
courts of the district. It denied the motion for attachment on the
ground that Judge Turner had substantially recognized their rein
statement by re-expelling them. These decisions put a quietus on
the Texan. He made no further effort to debar the lawyers. Mr.
Goodwin was afterward District Attorney, Judge of Yuba County,
and a State Senator. To the day of his death Mulford was a suc
cessful practitioner in Marysville.
To forestall any effort by Mr. Field to secure his impeachment by
the Legislature, Judge Turner published a card in the Marysville
Herald, alleging that he had tried to cowhide the lawyer for his in
solence, and that he had run away from him. On Dec. 21, 1850,
Mr. Field printed a rejoinder, denouncing Turner as a shameless
liar. He added :
Judge Turner says he holds himself personally responsible in and under all circum
stances. This he says in print ; but itis well understood in this place that he has stated
he should feel bound by his oath of ofiBce to endeavor to obtain an indictment against
any gentleman who should attempt to call him to account. Shielded behind his oath of
oflSce he has displayed his character by childish boasts of personal courage an^ idle
threats of vengeance.
John T. McCarthy, Field's competitor for legislative honors,
wrote a letter speaking in the highest terms of Judge Turner's con
duct on the bench and calling Stephen a culumniator. The com-

15
munication was sanded with the coarsest epithets. In his reply Mr.
Field said :
During the session of the Distj-ict Court, at its first term, this same John T. McCarthy
was called before the County Jiidge to give his testimony on the return of a writ of ha
beas corpus, and then testified " that the conduct of Judge Turner on the bench was the
most outrageous he had ever witnessed in any court in which he had practiced ;" and
the tenor and effect of his whole testimony was in the highest degree condemnatory of the
conduct of Judge Turner. One of two things follows : if the statement in the letter be
true, then John T. McCarthy was guilty of perjury before the County Judge; but if he
testified to the truth, then his statement in the letter is false. In the one case he is a liar
and in the other a perjured scoundrel. Thus convicted oufof his own month, his vile
epithets respecting myself are not worth a moment's consideration.
In after days McCarthy begged for recognition, b|it received
none. -VII.
The second California Legislature met at San Jos6 on the first
Monday in January, 1851. Stephen J. Field was placed on the
.Judiciary Committee of the lower House. He drew up a bill creat
ing eleven judicial districts in the State, and defining the judicial
powers of every officer from Suprerae Judge to Justice of the
Peace. It- was passed after a full discussion. Most of its provi
sions are still retained in the code. He also prepared and intro
duced bills to regulate proceedings in civil and crirainal cases.
These bills were remodelled from the proposed codes of New York
as re/ported by the Coraraissioners of that State. The great labor
involved in their preparation may be estimated from the fact that,
in order to adapt them to the peculiar condition of the new State
and the requirements of its Constitution, as well as his own views
of what would constitute the best practice, he redrafted over three
hundred sections, and added over one hundred new ones. Among
the new sections were those relating to actions respecting mining
claims aud the admission in evidence of the customs and regula
tions of miners, and respecting exeraptipns frora forced sale of per
sonal property.
The first Legislature had enacted a general system of laws, indis
pensable to the government of any community. It had done noth
ing, however, toward the protection or regulation of that great in
terest which had gafcered from every nation of the world a restless
and turbulent population. The gold seekers were left to jostle each
other, and to settle their disputes as best they raight. The owner
ship of the mines was held by some to be in the United States, and
by pthers to be in the State, while all were alike extreraely jealous
of any assertion of power over thera by the Government of either.
The rainers could not be left to fight among themselves over ques
tions of priority or extent of claims, and legislation must be in ac
cord with the generally accepted opinion or it would be a dead let
ter. To do nothing was to leave the peace of the State at the
mercy of those whose thirst for gold might outrun their respect for
fair dealing. Honest misunderstandings as to facts were settled by
brute force.

16
The world had never seen a similar spectacle— extensive gold
fields suddenly peopled by masses of men from all States and
¦countries, restrained by no law, and not agreed as to whence the
laws by which they would consent to be bound ought to emanate.
The miners in each camp had held meetings, and enacted rules and
regulations by which they agreed to be governed in that place.
These had reference to the extent of each claim in a given locality,
the acts necessary to constitute location or appropriation of the
same, and the amount of work which should entitle the claimant
to continued possession. The State could not safely attempt to
substitute for these various rules any of a more general and uni
form character. This fact was the basis of the measure brought
forward by Mr. Field and by him urged to final success. He held
the miners to the laws that they had made for themselves. He
proposed that the rules made by the miners should be enforced by
the State. What they had declared to be fair play should be the
law of the land, and should govern the courts in deciding mining
disputes. Here is the language :
In actions respecting "mining claims" proof shall be admitted of the customs,
usages, or regulations established and in force at the bar, or diggings, embracing such
claims, and such customs, usages, or regulations, when not in conflict with the Consti
tution and laws of this State, shall govern the decision of the action.
This principle was adopted in all other mining regions in the
country, and finally by the Congress of the United States.
The California Civil and Criminal Practice acts drawn by Mr.
Field were afterwards adopted in Nevada and the Territories west
of the Eocky Mountains. Except slight amendments, they re
mained unchanged twenty-two years, and their provisions are sub
stantially reembodied in the recent codes. Of Mr. Field's labors
in this Legislature, the San Jose Herald says :
Some ofthe best timbers ofthe new governmental structure are the handiwork of Mr.
Field. Many bad bills were defeated through his influence, and many defective ones-
amended by his suggestions. He was seldom absent from his seat ; he carefully watched
all measures ; and there were few debates in which he did not participate.
So earnest and attentive was the lawyer to the work of his com
mittee that the Legislature placed implicit confidence in his recom
mendations. The Criminal Practice act, consisting of over 600
sections, was passed without reading, on the last day of the session,
under a suspension of the rules. The Governor said that he could
not sign it without reading, and it was too late for that. Mr. Field
assured him that his signature was essential to secure the harmonious
working of laws already passed. "Do you say that it is all right?"
the Governor asked. "It is," was the reply, and the act was
signed. Mr. Field drew the charters of the cities of Marysville, Nevada
and Monterey. The principal provisions of these charters have
been adopted in subsequent acts creating municipal incorporations
Through his exertions a bill exempting the tools and personal

17
property of miners from seizure and from forced sale vvas passed.
He drafted an act concerning divorces, and gave the raost earnest
support to the Homestead Exemption bill. Nor did he forget tho
interests of his immediate constituents. He introduced a bill
creating tho counties of Nevada and Klamath. This bill split
Trinitj-, Sutter, aud Yuba Counties, and created a new judicial
district. It sent Judge Turner to the wilderness of Klamath, and
gave Yuba, Nevada, and Sutter a new Judge.
Turner never went back to Marysville. .Petitions for his im
peachment were presented, but tho Legislature ignored them,
being unwilling to spend the time necessary for a trial.
-VIII.
In thoso days men were walking arsenals. Two-thirds of the
members of tho Assembly carried either bowie knives or pistols.
Sorae flourished both weapons. When a member entered the
House he unstrapped his revolvers and laid thera in his desk. It
was done with as little concern as hanging up a hat, and it excited
neither surprise nor comment. There was a hot debate over the
proposed impeachment of .Judge Turner. At the conclusion of
Mr. Field's argument, B. F. Moore of Tuolumne arose to reply.
He opened his drawer, cocked his revolvers, and laid them on his
desk. Then he launched himself on a sea of vituperation. Mr.
Field was handled without gloves. The most oft'ensive epithets
were used, and the speaker openly declared hiraself responsible for
his language at any time and place. Mr. Field answered Mr.
Moore's arguraents, "but raade no allusion to his personal reraarks.
After the adjournment, however, he asked S. A. Merritt to bear a
note to Mr. Moore, demanding an apology or satisfaction. Mr.
Merritt refused, through fear of being disqualified for office. Mr.
Eichardson, another member, also declined. Happening into tho
Senate chamber, the jurist saw a stonecutter seated at a desk,
writing. He was David C. Broderick, President of the State
Senate. Thev were bowing acquaintances. " Why, Judge, you
don't look we'll," said Broderick. " What's the matter ?"
"Well, I don't feel well," Field responded. "I don't seem' to
have a friend in the world."
" What worries you ? " inquired the stonecutter.
The jurist gave the particulars of Moore's assault upon his char
acter, and said that at all hazards he was deterrained to call hmi
to account. .
" Well, ru be your friend," Broderick replied. " Write your
note, I will deliver it." j d .q • i
The jurist wrote the note at an adjoining desk, and Broderick
placed it in Moore's hands. The latter gentleraan crawfished. He
said that he expected to be a candidate for Congress, and he could
not accept a challenge, because that act would disqualify him. " I
have uo objection to'a street fight, however," he added. The stone
cutter repUed that a street fight was not exactly the thing among
9

18
gentlemen, but if Moore vvould do no better he should be accom
modated. He forthwith named time and place, and Moore prom
ised to be on hand. Within an hour, however, he changed his
mind. He informed Broderick that the Hon. Drury Bakhyin would
act as his friend, and deliver a reply to the note of Mr. Field._
On the next morning the stonecutter tested the jurist's skill in the
use of a pistol. With a navy revolver Stephen plumped a knot on
a tree at a distance of thirtv* yards three times out of tive. Brod
erick expressed his satisfaction, and urged the necessity of bringing
the matter to a speedy issue. "Bring it to an issue at once," Mr.
Field responded. Broderick quickly called upon Drury Baldwin,
and asked for a reply to the note. " Baldwin replied that his prin
cipal had made up his mind to drop the matter. "Then," said the
stonecutter, " as soon as the House meets, Mr. Field will rise in his
seat and repeat Moore's language as to his responsibiUty. He will
state that respect for the dignity ofthe House prevented him from
replying to the attack in the terms that it deserved, when it was
made, and after detailing Moore's refusal to give him satisfaction,
he will denounce him as a liar and a coward."
" Then," said Drury Baldwin, "Judge Field will be shot in his seat."
" In that case," rejoined Broderick, " others will be shot in their
seats." At the opening of the House, Mr. Field took his seat at his desk
as usual. Broderick was seated near him, with eight or nine per
sonal friends, all arraed to the teeth and ready for any emergency.
When the journal was read, both Field and Moore sprang to their
feet and shouted " Mr. Speaker ! " That officer recognized " the
gentlemen from Tuolumne," and Mr. Field resumed his seat.
Moore read a written apology, full, ample, and satisfactory.
Broderick afterward befriended Mr. Field on many occasions.
They were standing at the bar of a hotel in San Francisco, in 1852,
when Broderick saw a man throw back his Spanish cloak and level
a revolver at his friend. In a twinkling he flung hiraself between
the two men, and pushed Field out of the roora. This prompt ac
tion undoubtedly saved his Ufe.
ix:.
On his return to Marysville from San Jose, Mr. Field had barel}'
money enough to pay his passage. His investments were swallowed
up, leaving him worse than penniless. His real estate had been
assigned for the benefit of his creditors. He owed $18,000, bear
ing interest at 10 per cent, a month, and his assets on landing at
Marysville were a solitary pistareen. A Mr. Peck was land/lord of
the United States Hotel. He had known Mr. Field in palmy days,
and readily trusted him for a fortnight's board. He sent to the
boat for the lawyer's trunk, and paid the carman. On the ensuing
day Mr. Field hired a small office at fifty dollars a month. It had
a garret, in which he placed a cot.. A blanket was his onlj' cov
ering at night, and his valise served as a pillow. His washstand

19
was a chair without a back. An old pine table and a cane-bot
tomed sofa were his furniture. Eigged out with a tin basin, a
wooden pail, a towel, a comb, a tooth brush, and a bit of soap, he
renewed the struggle of life. Again ho nailed his shingle to the
door, and began to practice law.
He was moving along smoothly when his friends began to urge
his nomination for the State Senate. With strong backnig he went
to work in earnest, and secured a majority of the delegates to the
Democratic County Convention. The delegates were to meet at
Downieville, seventy miles frora Marysville. Friends who were un
able to attend the Convention sent Mr. Field their proxies. He
gave ten of these proxies to a supposed friend, five to a second,
and to a third two. The first frieud sold his ten proxies to the other
side for a proraise to make his partner candidate for Sheriff", an
office worth $30,000 a year. The second friend bartered his five
proxies forthe nomination for County Judge. Thus fifteen of the
Field proxies were cast for Joseph C. McKibben, the opposing can
didate. McKibben was afterwards a stanch Douglas Congressman.
Mr. Field fell two votes short of the nomination.
Disgusted with politics, for thirty months he paid strict attention
to his law practice. In that time he paid off' all his debts, with in
terest at the rate of ten per cent, a raonth. He was overwhelmed
with clients. There was a dispute over a placer mine in Yuba Eiver,
at Park's Bar. Mr. Field was retained. Suit was brought before
a Justice of the Peace for an alleged forcible entry and detainer, a
form of action in vogue for the recovery of mining claims, because
the title to the land was vested in the United States. It was prose
cuted purely as a possessory action. The constable who summoned
the jury had received $200 to summon parties named by the other
side, this fact was ascertained beyond controversy by evidence
placed iu the hands of Mr. Field. While in bed atPark's Bar he over
heard a conversation between a juror and one of the opposite parties
in an adjoining tent. The juror assured the party that everything was
fixed, and that the jury had agreed to render a verdict in his favor.
The trial was held in a saloon crowded with spectators, most of
whom were friendly to the other side. In summing up Mr. Field
addressed the jury for three hours. He showed conclusively that
his cUent was entitled to a favorable verdict.
" Gentlemen," said he in closing his argument, "we have not
endeavored to inffuence your verdict except by the evidence. We
have neither approached you secretly nor sought to control you.
We have reUed solely upon the law and the evidence to maintain
our right to this property. But our opponents have not thus acted.
They are not satisfied to allow you to weigh the evidence. They
have endeavored to corruptyour minds and pervert your judgment.
With uplifted hands you declared by the ever-Uving God that you
would return a verdict according to law. Will you perjure your
souls ? I know that you (pointing to a juror) have been approached.
Did you spurn the wretch that made the proposal, or did you hold

20
secret counsel with hira ? I know that you (pointing to another
juror) talked over this case last night, for I overheard the conversa
tion, the proraises, and your pledge. Canvas houses are as one here.
Words uttered in one are voices in all. You did not dream thatyou
were heard, but I was there, and I know the details ofthe foul bargain.''
At this an ominous " click, click, click " was heard. A score of
pistols were cocked.
" There is no terror in your pistols, gentlemen," continued Mr.
Field in a thrilUng tone. " You cannot win your case by shooting
me. You can win it only by showing title to the property. You
can never win it by bribery or threats of violence. I openly charge
attempted bribery. Tf it is untrue, let the jurors speak from their
seats. Attempted bribery, I say — whether successful or not will
depend upon what may occur hereafter. Jurors, you have in
voked the vengeance of Pleaven upon your souls if you fail to ren
der a verdict according to the evidence. If you are wiUing to sell
your souls, decide against us."
The address was effectual. After an absence of a few minutes
the jury returned a verdict in favor of Mr. Field's client. Sorae
adniitted that they had been corruptly approached, but added that
they were not so base as to be infiuenced in that way. Within two
weeks the ovi'ners took from the placer over $90,000 in gold dust.
Gordon N. Mott vvas appointed Judge in the new judicial district.
In the suramer of 1851 the Governor issued a proclamation for the
fall elections. Many supposed that Judge Mott, under his appoint
ment, would hold over until the fall of 1852. Candidates were
nominated, however, in accordance with the Governor's proclama
tion, and Wm. T. Barbour, a lawyer of Nevada County, was elected.
Judge Mott expressed the opinion that there was no vacancy, and
declined to surrender the ofUce. This led to a suit. As the ques
tion was exclusively one of law, by the consent of both parties a
case was made up and presented to the Supreme Court. That tri
bunal decided in favor of the elected Judge. Mr. Field argued
Judge Mott's cause. This gave off"ence to Judge Barbour. When
his term was about to expire he became a candidate for re-election.
Mr. Field advised his friends to vote against hira, and took an ac
tive part in the canvass.
Judge Barbour retaliated in the most off"ensive terms, and Mr
Field protested. The Judge repeated his language, and challenged
the lawyer to settle the ditiiculty in the usual way among gentlemen.
The challenge was accepted on the spot, and Mr. Field designated
Judge Mott as his frieud. In less than half an hour, Mr. Charles
S. Fairfax called upon Judge Mott as the friend of Judge Barbour.
He said that the Judge had instructed him to accept Mr. Field's
challenge, and he was there to arrange terms for a hostile meeting.
Judge Mott repUed that he understood the matter differently.
The chaUenge came from Judge Barbour, and Mr. Field had ac-

21
cepted it. Fairfax insisted upon his version of the aft'air. Judge
Mott consulted with his principal, and Mr. Field told hira to waive
the point and accept tho situation. After consultation with Judge
Barbpur, Mr. Fairfax fixed the time for that evening, the place of
meeting a designated room twenty feet square, and the weapons
Colt's revolvers and bowie knives. The principals were to be placed
at opposite sides of the room with their faces to the wall, and were
to turn and fire at the word, and then to advance and end the con
flict with their knives. Judge Mott said that the terms were, bar
barous and unprecedented, and he could not consent to thera. Mr.
B'airfax admitted this, but added that they were those prescribed by
his principal. If the Judge v\'ished it, he would try to have them
modified. He reported that -Judge Barbour insisted upon the terms first
named, and would agree fo no others. Mr. Field told Judge Mott
to accept thera. The Judge gave notice that his raan would be
ready at the designated time and place. Fairfax soon afterward
returned with a message frora Judge Barbour waiving the bowie
knives. Judge Mott replied that his principal would interpose no
objection. A second time Fairfax reappeared with a second mes
sage. On reflection. Judge Barbour had concluded that it would
not do to have the tight in the room designated, because the firing
would be heard outside and attract a crowd, who might interrupt
the meeting. Modifications were again proposed. It was finally
agreed that the duel should be fought ou the following morning in
Sutter County. Mr. Field was to take a private carriage, and Judge
Barbour was to arrive on one of the twx) daily stages that ran to
Sacraraento. At a specified place they were to leave their convej'-
ances and walk to a retired spot, where the aff'air conld be settled.
Judge Mott and his principal were on the spot ahead of time.
When the Sacramento stage appeared Mr. Fairfax and Judge Bar
bour alighted. To Mr. Fairfax's astonishment, the Judge refused
to go to thcplace of meeting. He said that he was a judicial offi
cer and, as such, could not engage in a duel. He declared that if
he was attacked he would protect himself and kill his assailant.
With these words he left his second in the road, raounted the stage,
and rode down to Sacraraento. Mr. Field hailed Mr. Fairfax and
offered him a seatdn his carriage. The Virginian accepted the in
vitation, and they drove to Nicolaus, where they breakfasted.
Judge Barbour's conduct caused much merriment. He was
mercilessly lampooned in the newspapers. An editorial squib gave
him great annoyance, and he demanded the nahie of its author.
The publishers refused to give it. Mr. Field told thera that if it
was necessary to protect the writer they could give his name, and
he would assume the responsibility, the publishers acted on his
Bjuggestion. On the next raorning, while the lawyer was gathering
kindling wood in front of his office, Judge Barbour came behind
him, placed a cocked revolver at his ear, and cried, " Draw and de
fend yourself, sir." Mr. Field turned, with a pile of wood on his

22
arras, and said, "You infernal scoundrel, only a cowardly assassin
would corae behind a man's back with a pistol and tell him to de
fend himself. You have not the courage to shoot. I defy you."
A dozen persons were present. The Judge turned around and
walked away. Eeferring to the incident in a'letter to Judge Turner,
he boasted of having given Field a second whipping. Afterwards
he raanifested his feeling by adverse rulings when the lawyer ap
peared in his court. In such cases Mr. Field took appeals to the
Supreme Court, and reversals almost invariably followed. Judge
Barbour then changed his tactics, and began ruling the other way.
The lawyer became alarraed lest he should lose his cases in the ap
pellate court by winning them before Judge Barbour. Finally, at
the Judge's solicitation, explanations were sought over a bottle of
wine. Mr. Field raised his glass and said, " Here is oblivion, but
no explanations." The Judge expressed his satisfaction, and ever
afterward spoke of Mr. Field in the highest terms.
2s:i.
Charles S. Fairfax, Judge Barbour's second, was a lineal de
scendant of the great Fairfax faraily, which has figured so conspic
uously in the history of England and Virginia. He was its tenth
baron in a direct line. He went to California in the rush of 1849,
and represented Yuba County in the Legislature for several j-ears.
He was once Speaker of the Assembly. Afterward he was elected
Clerk of the Supreme Court. At the expiration of his term he
was appointed Eegister of the Land Office at Marysville. He died
in Baltiraore a few years ago.
Fairfax was the soul of honor. While clerk of the Suprerae
Court he had a dispute with Harvey Lee, an official reporter. Lee
carried a sword-cane. In a moment of anger he ran the sword
into the body of Fairfax. The weapon entered his chest above the
heart. Lee made a second lunge which was partially avoided by
the Virginian. A flesh wound only was inflicted. Fairfax drew
his revolver, and as Lee was drawing back the sword for a third
thrust, he covered him with a dead aira. Lee fell back, crying pit
eously, " Don't shoot, I am unarmed," although his sword was drip
ping with the Virginian's blood.
" Shoot the damned scoundrel," exclaimed a friend, who was pre
sent. Fairfax did not shoot. Covered with blood, he looked Lee full
in the eye and said : " You assassin, you have murdered me and I
have you in my power. Your life is in my hands, but for the sake
of your child and your poor .sick wife I will spare you !" He un
cocked his pistol, handed it to a frjend, and fell fainting ih the arras
of Mr. Samuel B. Smith. He had known the wife of Lee when
she was a .young girl. In speaking of the affair to a friend in after
years, he said : " I thought my wife would be a widow before sun
down, and I did not wish to leave the world making another."
All California rang with the story of this act.

23
During this period CaUfornia was in an inchoate condition of al
most hopeless lawlessness. The carrying of deadly unconcealed
weapons was the universal rule, and such experiences were common
to most men of promise and subsequent note.*
22:11.
In 1857 Stephen J. Field was elected Judge of the Supreme Court
of California, by 17,000 majority. The term for which he was
chosen began in .January, 1858. Meantime a vacancy occurred, and
he was appointed, by a Governor politically opposed to him, to fill
it. He took his seat in October, 1857. On September 13, 1859,
David C. Broderick was killed in a duel by David S. Terry, who had
resigned the Chief Justiceship of the Supreme Court before the
meeting. . Mr. Field succeeded him as Chief Justice.
When Mr. Field came to the bench the calendar was crowded
with cases involving immense interests, the most important ques
tions, and various and peculiar litigation. The State was devel
oping her multiform physical resources. The Judges were as much
the pioneers of law as the people of settlement. Something had
been done, but much had yet to be done, and something had to be
undone which ha"d been done in the anomalous period that was pass
ing. There was no general or comraon source of jurisprudence.
Law was to be administered almost without a standard, there was
the civil law adulterated by Mexican provincialism and usages.
The common law was to be decided from conflicting decisions in
America and England and the diverse considerations of policy aris
ing from local and other facts. Contracts made in semi-civilized
countries and elsewhere were to be interpreted in California: Tho
court was compelled to frame laws for large and important inter
ests, such as mines, titles, and ditches, and make a systeni out of
what was little better, than chaos. An unprecedented number of
contracts had been made and an unparalleled amount of business
done in hot haste with the utmost, carelessness. Legislation was
crude and incongruous. The whole scheme and organization of
the Government and the relation ofthe departments to each other
had to be adjusted by judicial construction.
The law was a structure propped up, with rats in the cellar and
bats in the garret. Judge Field pushed the old concern over, and
erected a new edifice. The whole landed system of California rests
on his decisions. He cannot ride in any direction across the State
M'ithout going over land that has caused Utigation in his court. The
treaty of Guadalupe Hidalgo, by which CaUfornia was ceded to the
United States, had pledged our Government to recognize Mexican
titles. The Mexican Government had given iramense grants of

* Note.  In every instance cited in the foregoing narration of the Su-n it will be born in
mind that Mr. Field was never the aggressor. Personal diflBculties, and unkindly relations
with bis fellows, were wholly foreign to his generous and humane nature. The reader
will only see in his bearing a manhood alike necessary to the preservation of his own
self-respect and essential to his standing and success among tbe new and unorganized
elements of society in which he was placed.

24
land, ranging from one to eleven leagues in extent. The bounda
ries were indefinite. When these grants were made the land was
nearly valueless. The rush of gold seekers greatly enhanced its
value. In all his decisions in such cases Mr. Field was governed by
the words of the treaty of Guadalupe Hidalgo. In some cases these
decisions affected thousands of squatters, who held the Justice and
not the Government responsible.
In the early history of California the Supreme Court held that
raines of gold and silver, whether on public or private lands, be
longed to "the Stato. This was reversed in 1861. Chief Justice
Field delivered the opinion, and it was sustained by his associates.
It attracted rauch attention. The Chief Justice held that minerals
in soil belonging to fhe United States pass with the soil in a grant
alone, and that neither the sovereignty of the United States nor of
a State extends to the ownership of such metals. The right to the
mineral did not pass with the land from the Federal Government
to the State. Neither the State nor Governraent has since clairaed
the ownership of minerals in private lands. The State no longer
claims any sovereign rights to ore in the public lands. Congress
confirmed Chief Justice Field's decision in the passage of acts that
pass the precious metals with the soil as mere property in sales of
mining claims on the public lands.
Another iraportant decision rendered |by Chief Justice Field in
1860 established a new rule in reference to possessory rights. It
has since become the accepted law wherever appUcable. " It is
undoubtedly true, as a general rule," says the Chief Justice, " that
the claimant in ejection must recover upon the strength of his own
title, and not upon the weakness of his adversary's, and that it is a
sufficient answer to his action to show title out of him and in a
third party; but this general rule in this State, from the anomalous
condition of things arising from the pecuUar character of tlie rain
ing and landed interests, has been to a certain extent qualified and
liraited. The larger portion of mining lands in this State be
longs fo the United States ; yet that fact has never been considered
as a sufficient answer to the prosecution of actions for the recovery
of portions of such lands. Actions for the possession of mining
clairas, water privileges, and the like, situated upon the pubUc lands,
are raatters of daily occurrence, and if the proof of the .paramount
title of the Government would operate to defeat them, confusion
and ruin would be the result. In deterraining controversies between
parties thus situated this Court proceeds upon the presuraption , of a
grant from the Government to the first appropriator of the mines,
water privileges, and the like. This presumption, which would
have no place for consideration as against the assertion of the rights
of the superior proprietor, is held absolute in all these controver- ,
sies; and with the public lands which are not mineral lands the ti
tle, as between citizens of the State where neither connects himself
with the Government, is vested in the first possessor, and to proceed
from him.'"

25
These decisions settled all disputes over mining claims and water
privileges. The Judge'q career in California had marked hira as a
man of physical courage. Theso decisions stamped hira with moral
courage. He followed his convictions even where thoy ran counter
to precedent. He showed his superiority to any restraints which
are not in accordance with common justice and common sense.
Their soundness has boon vindicated by time and tho acquiescence
of bench and bar.
Chief Justice Field contributed greatly to the settieraent of the
law of mortgages. His decisions have made that the rule of law
vvhich was before the rule of equity. Herman, the author of a re
cent and learned work on mortgages, says :
No one man in this country has done so much in developing sonnd principles in re
gard to mortgages — that they are mere hypothecations — as Judge Field. The courts of
evtry State where the doctrine is maintained have been indebted to him, and his Cali
fornia opinions are cited as leading and decisive ofthe true principles.
The obligations of municipal corporations, and the rules of law
by which they are bound, were also defined and estabUshed by Chief
Justice Field in numerous cases. Judge Dillon, in his work on
municipal corporations, frequently refers to his decisions on these
subjects in terms of the highest praise, and recognizes the fact that
the views contained in them have been concurred in very generally
by t]ie courts of other States. One case is especially interesting.
Under the law municipal corporations were forbidden to dispose of
city property except by a raajority vote of the Common Council.
The Board in San Francisco passed a resolution selling valuable
property by a vote of four to three. Eight members composed a
full Board. The purchaser paid down some $100,000 of the pur
chase-money, and thena dispute arose as to the legality of the trans
action. The courts decided that it required a majority vote of the
full Board to pass the title. The parties then demanded the return
of their money. The authorities refused to return it, basing their
refusal on a clause in their charter forbidding the city to run in
debt more than $50,000. The interested pai'ty brought a suit, which
reached the Supreme Court. Chief Justice Field decided'that the
raoney raust be returned. He held that no law could sanction so
transparent an injustice. 2s:iii.
It was the year of the Great Eebellion. Parties were evenly di
vided in California, but the Secessionists were aggressive and
meant mischief Chief Justice Field ardently espoused the Union
cause. Although a strict advocate of State rights, he held that the
General. Government possessed the power to enforce the law. The
Secessionists raade no secret of their intentions to carry the State
out of the Union. Gen. Albert Sidney Johnston was in command
of the United States forces, and this gave them great encourage
ment. The General's loyalty was at least questionable. The Union
ists feared that he was in collusion with the Secessionists, who
threatened to seize Alcatrez. Its possession would place San Fran-

26
Cisco at their mercy. Seventj'-five thousand muskets were stored
at Benicia, and if these fell into the hands of the Secessionists Cal
ifornia would be lost.
The Unionists lost not a moment. A secret Union League was
formed. Chief Justice Field was its fifth raember. Weapons
were bought and an armed force created, ready for any emergeticy.
Iraraonse'Union raeetings were held and addressed by Starr King,
John Conness, and others. Mr. Field and the League kept thera
selves in constant coramunication with President Lincoln, by post
riders on the plains. They asked that an officer of unquestioned
loyalty should be placed in command on the Pacific coast. It was
thought best to secretly supersede Gen. Johnston, as an open order
might precipitate the conflict that they were trying to avoid. Gen.
E."V. Sumner sailed from New York under an assumed name, with
special orders frora the President to assume command. (Sen. .John
ston readily recognized thera, the arms were reraoved from the ar
senal, and the State was safely moored to the Union.
Judge li'ield was a true War Deraocrat. He was for war as long
as war lasted, and was for peace as soon as the war waa over. He
preserved his fealty to the Deraocratic party, and never voted a Ee
publican ticket in his life. Judge McAllister, the special United
States Justice assigned to the Pacific coast, resigned in the spring
of 1863. Senators McDougall, Lathara, Nesraith, Harding, and
others urged President Lincoln to a substantial recognition of the
services ofthe War Deraocrats on the Pacific slope by the appoint
ment of Judge Field to the vacancy. Getting an inkling of what
was going on. Judge Field said that he would not accept the appoint
raent, as he would rather be Chief Justice of California than a sub
ordinate Judge in a United States Court. When President Lincoln
heard this, he said: " Then we raust make a real Judge of, the Su
preme Court out of Stephen." Meantime his narae was sent to the
Senate, who unaniraously confirmed the appointraent. A bill was
drawn up and passed by both Houses, elevating the Judge to the
bench of the Supreme' Court of the United States. The Pacific
coast was raade the Tenth Circuit, and Judge Field was assigned
to it. He knew nothing of this movement until he received notice
of his confirmation. He resigned the Chief Justiceship of Califor
nia, and went to Washington.
" This State has been deprived of the ablest jurist who ever pre
sided over her courts," said Judge Joseph G. Baldwin, on Mr.
Field's departure. " He began his career without the advantages
of wealth, and prosecuted it without the factitious aids of family "in
fluence or patronage. He had the advantage, however, of an ac
compUshed education, aud careful study and raental discipline. He
brought to the practice of his profession a mind stored with profes
sional learning and embellished with rare scholarly attainments.
He was distinguished at the bar forbis fidelity to his clients, for un
tiring industry, great care and accuracy in the preparation of his
cases, uncoraraon legal acuraen, and extraordinary solidity of judg-~

27
ment. As an adviser no raan had more the confidence of h's cli
ents, for he trusted nothing to chance or accident when certainty
could be attained. He felt his way cautiously to his conclusions,
wihch, once reached, rested upon sure foundations, to which he clung
with remarkable pertinacity. Judges soon learned to repose confi
dence in his opinions, and he always gave them the strongest proofs
ofthe weight justly due to his conclusions. His opinions, vvhether for
their learning, logic, or diction, will compare favorably with those
of any Judge upon the Supreme bench of the Union. An examina
tion of his opinions will show that he is not a timid copyist nor the
passive slave of authority. His rulings rest upon clearly defined prin-^
ciples and strong coramon sense. He retires from office without a
stain on his ermine. MilUons might have been amassed by ve
nality. He retires as poor as when he entered, owing nothing and
owning little except the title to the respect of good raen."
2iCI-V.
After the war Missouri adopted a Constitution imposing a test
oath. Persons unable to take this oath could neither hold any office
of honor, trust, or profit, nor be officers of any public or private
corporation, nor act as professors or school teachers, nor practice as
attorneys, nor preach, nor solemnize marriages. The oath required
the affiant to deny not only that he was ever in armed hostility to
the United States, but that he had ever by act or word manifested
his adherence to the cause of the enemies of the United States, for
eign or domestic, or his desire for their triuraph, or his syrapathy
with those in rebellion, or that he had ever harbored or aided
any person engaged in guerrilla v^'arfare, or that he had ever entered
or left the State for the purpose of avoiding an enrollment or draft,
or that he ever indicated in any terras his disaffection to the Govern
ment in its contest with the rebellion. Father John A. tiumraings,
a Eoraan Catholic clergyman, preached without taking this oath, and
was indicted and convicted in a State Circuit Court, and fined $500
and sentenced to jail until the fine was paid. On appeal to the Su
prerae Court of the State the judgraent was affirmed. The case
was then taken to the United States Supreme Court, where the
judgraent was reversed. Justice Field deUvered the opinion. It
was based on the fact that the oath required was unconstitutional,
because it was virtually an ex post fa,cto law.
This decision was followed by one respecting the ironclad oath
passed by Congress on July 2, 1862. No person could be elected
or appointed to any office of honor or profit under the Goverraent
of the United States without taking this oath. On Jan. 24, 1865, a
supplementary act was passed extending the provisions of the orig
inal act so as to erabrace attorneys and counsellors ofthe courts of the
United States. In 1860 Augustus H. Gariand, now Senator from
Arkansas, was adraitted as an attorney and counsellor of the United
States Suprerae Court. In May, 1861, he foUowed his State out of
the Union and became a Confederate Congressman. In July, 1865,

28
he received a full pardon frora President Johnson, and asked per
mission to continue practice as an attorney and counsellor in.tbe
Supreme Court, without taking the ironclad oath. Justice i^ leld
rendered an opinion allowing hira to do so, basing it on grounds
similar to the opinion in the case of Father Curaraings. He also
held that the pardon of the President relieved the petitioner trom
all penalties and disabilities attached to the off'ence ol treason com
mitted by his participation in the rebellion.
In these two cases Justices Wayne, Nelson, Grier, and Clifford
concurred, and Chief Justice Chase and Justices Swayne, Miller,
'and Davis dissented. Judge Chase subsequently expressed his con
currence, and was followed by the entire court, with the_ exception
of Joe Bradley, in the case of Pierce agt. Carskadon, decided at the
December term in 1872. Similar decisions were raade in the case
of E. H. Marr, Cariisle agt. the United States, Osborn agt. the
United States, and Knote agt. the United States, all reported in
Otto and Wallace.
All these opinions were rendered by Justice Field. They were
followed by dissenting opinions from the judgment of the court en
forcing the Confiscation act. He held that the property of parties^
charged with treason could not be confiscated on the assumption of
tho guilt of tho party. He raust first be convicted of the crirae.
He adds :
There is no difference in the relation between the owner and his property and the
Governraent, when the owner is guilty of treason and when he is guilty of any other
public offence. The same reason which would sustain the authority of the Government
to confiscate the property ofa traitor would justify the confiscation of his property when
guilty of any other offence. And it would .sound strange to modern ears to hear that
proceedings in rem to confiscate the property of the burglar, the highwayman, or the mur
derer were authorized, not as a consequence of their conviction upon regular criminal
proceedings, but without such conviction, upon ex-parte proof of their guilt, or upon the
assumption of their guilt frora their failure to appear to a citation published in the vi
cinage ofthe [Jroperty, or posted upon the doors of the adjoining court hou.se, and which
they ma.y never have seen. It seems to me that the reasoning which upholds the .pro
ceedings in this case works a complete revolution in our criminal jurisprudence, and es
tablishes the doctrine that proceedings for the punishment of crime against the person
of the oflender may be disregarded, and proceedings for such punishment be taken
against his property alone, or that proceedings may be taken at the same time both
against the person and Ihe property, and thus a double punishraent for the same offence
be inflicted. For these reasons, I am of opinion that the legislation upon which it is
sought to uphold the judgment in this case is not warranted by the Constitution.*
Similar dissenting opinions were raade in other cases involving
confiscation of property.
George Bruff'y, a Virginian, bought goods on credit from a Penn
sylvania firm before the war. After tho war the firm sued Bruffy's
estate for the raoney in a Virginia circuit court. His administrator
put in the plea that the debt had been sequestrated by a law of the
Confederate States through a decree of a Confederate district court
in Virginia, and the money and interest had been paid into the
Confederate Treasury. The plaintiff's demurred to this plea, and
*NoTE. — Judge Field held that confiscation could only be had of the properly of ene
mies, and contended that the act was not directed against them but against persons who
had committed certain overt acts of treason.

29
their demurrers were overruled. The Court gave judgment for the
defendant, and its decision was virtually affirmed by the Virginia
Court of Appeals. The case vvas then taken to the United States
Supreme Court. Justice Field rendered the opinion, overruling
the action of the subordinate courts. He held that the Confederate
States vvas an illegal organization under the Constitution, and that
whatever efficacy its enactments possessed in any State entering
into that organization raust bo attributed to the sanction given to
them by that State. The enactment of the Confederate States en
forced as a law of one of the States composing that confederation,
sequestrating a debt owing by one of its citizens to a citizen of a
loyal State as an alien enemy is void, because it impairs the obliga
tion of the contract and discriminates against citizens of another
State. The constitutional provision prohibiting a State from pass
ing a law impairing the obUgation of contracts equall}' prohibits a
State from enforcing as a law an enactment of that character, from
whatever source originating. The concession of belligerent rights
to the Confederate Governraent sanctioned no hostile legislation
against the citizens of the loyal States.
The war was fought and won while the Eepublican party was in
power. Anxious to retain their grip on purse and power, the right
of suff'rage was given to the enfranchised slaves, and at first with
held from those "vvho had taken an active part in the rebelUon. In
reconstructing the Union the lino of State rights was wiped out, and
party -action "^was bent toward the centralization of power in the
hands of the Federal Governraerit. The Eepublicans held a two-
thirds majority in both branches of the Legislature. Personal and
State rights were trarapled underfoot in an effort to maintain party
supremacy. The Suprerae Court presented the only barrier to un
constitutional legislatiou. Justice Field remained true to his con
victions. Nothing swerved him from his principles. His decisions
and opinions incensed the dominant party, and they feared and hated
hira. He concurred in Justice David Davis' opinion in the MilU-
.cran case, which- decided that laws and usages of war could never
be appUed to citizens in States which have upheld tbe authority of
Government, and where the courts are open and their process un
obstructed. The famed McArdle case involved the validity of the Eecon-
struction acts. The Supreme Court spent months in a hearing, and
reserved their decision. The Eepublicans became alarmed. Timid
Justices in the Supreme Court hung fire, and this gave them au
opportunity to pass a bill taking jurisdiction from that Court. Jus
tices Grier and Field made a manly protest against the action of
their associates. While the decision, was pending, and before the
passao-e ofthe bill by Congress, Sara Ward gave one of his unique
dinne'rs at Welcker's. The hour was 5 o'clock in the afternoon.
Justice Field, James F. Wilson of Iowa, and the wits of the Senate

30
and House of Eepresentatives were among the invited guests. _ Frog
legs, Chinese bird's nests, shark's fins, snail salads, white bait, buf
falo humps, antelope steaks, turbot, and other delicacies were placed
on the table. A bottle of Johannisbers; was served to each guest.
Justice Field was fianked by Sam Ward and the Hon. James F.
Wilson. At 8 o'clock the Congressmen were full, and the party
was as noisy as a Fourth Ward primary. Justice Field presented
his compliments to tho host and withdrew. He had hardly leftthe
dining hall before Eodman M. Price of New Jersey came in, and
upbraided Sam Ward for dating his invitation at 8 o'clock.
" Let rae soe your invitation, "Governor," said Mr. Ward. It was
shown. There 'was a flourish to the 5 that made it reserable an 8.
"I ara very sorry," said Mr. Ward, " but take this seat at my
side. Governor, and I will try to raake amends for this unfortunate
mistake." The ex-Governor took the seat, and in ten minutes was
en rapport with the corapany.
Price had been South attending the conventions of the recon
structed States. He told raany stories illustrative of the Congo
Conventions, as he called them, and they created unboilnded hilar
ity. With a majestic wave of the hand he concluded by announc
ing that the Supreme Courtwould soon make a decision that would
wipe out all these Congo Governments.
A reporter of the Washington Express was dining in the room be
low. He heard the noise above, and scented news. He reached the en
trance of the banqueting hall in tirae to hear ex-Gov. Price's reraark.
" Who is that gentleraan ?" he asked a waiter.
" I don't know, sir," was the reply.
" Here's a quarter," said the reporter, tendering him a stamp.
" Find out."
The colored gentleman watched his opportunity, and abstracted
the card frora near the ex-Governor's plate. It bore the name of
Stephen J. Field.
On the next morning the Washington Expre.ss pubUshed ex-Gov.
Price's remarks as the reraarks of .Justice Field. The Associated
Press spread the news throughout the country. It created intense
exciteraent. Horace Greeley and WiUiara Cullen- Bryant, mortal
eneraies in everything else, howled for the irapeachraent of the
Justice, and scores of rural Eepublican newspapers took up the cry.
Soon afterward the Hon. Glenni W. Scofield introduced a resolu
tion in the House squinting toward irapeadhraent. It was referred
to the Coraraittee on Judiciary. The Hon. James F. Wilson was
Chairman of this Committee. Like a true Hawk-Eye he had in
sisted on seeing ex-Gov. Price horae after Sara Ward's dinner, and
like a true Jerseyman the ex-Governor had insisted on returning
the compliment. These courtesies were exchanged until broad day
light. Mr. Wilson never saw Air. Schofield's resolution until it
was laid before hira in coraraittee. " Lord bless us," he exclaimed,
" there must be some mistake. I sat at the side of Mr. Field at Sam
Ward's entertainment, and I am positive he used no such language."

31
The facts quickly oozed out, and the impeachment resolutions
were never exhumed. 32:-vii
In 1862 Congress passed an act makingUnited Slates notes legal
tender in payment of all debts, public and private, except duties on
imports. Soon afterward a raan in CaUfornia tendered legal ten
ders in payment of taxes. It was refused by the authorities, and a
suit was brought in the Suprerae Court of the State. Chief Justice
Field decided that the taxes raust bo paid in specie. He held that
taxes were not debts. A debt vvas an obUgation founded on a con
tract. Soon afterward Mr. Sanderson introduced a bill in the CaU
fornia Legislature providing for the payment of specific contracts in
gold. Mr. Field told him that it would stand, and it was passed.
After the passage of the Legal Tender act by Congress, the Leg
islature of Oregon passed a statute requiring the payraent of State
and county taxes in coin. Lane County tendered legal tender in
payraent of her quota of State taxes, and the case went through the
Suprerae Court of the State to the United States Suprerae Court on
appeal. Mr. Field's decision, while Judge of the Supreme Court of
California, was sustained by Chief .Justice Chase, and affirmed.
In December, 1851, Christian Metz borrowed $1,400 of Frederick
Bronson, and executed his bond for the repayment of the sum in
gold and silver coin on Jan. 18, 1857. To secure these payments
.he executed a mortgage on real estate. The interest was paid until
.January, 1865, when legal tenders were off"ered topay the debt.
The raoney was refused and payment was demanded in cgin, ac
cording to the agreeraent. One dollar in coin was equivalent to
two dollars and "a quarter in United States notes. The Supreme
Court of New York adjudged that the mortgage had been satisfied
by the tender, and the case" was taken to the United States Supreme
Court. Chief Justice Chase again sustained Chief Justice Field's
opinion in the California Supreme Court by ruling that the mort
gage could be satisfied only by the payment of the sura in coin. It
was a specific contract.
So much for the currency cases. In the famous legal tender
cases, the Supreme Court, it will be remembered, at first ruled that
the acts of Congress known as legal tender were unconstitutional.
Chief Justice Chase and Justice Field were araong those who sus
tained this ruUng, althou'gh Justice Chase himself had drawn the
act while Secretary of the Treasury. , Afterward the Supreme
Court was increased to nine raembers by a Eepublican Congress.
Justice Grier had resigned. Justice Strong was appointed to the va
cancy, and Joe Bradley was made the new Justice. Other cases
bearino- on the constitutionality of the acts were then brought up,
and the court, by the votes of President Grant's appointees, over
ruled its former decision. Justice Strong deUvered the opinion of
the court, and Chief Justice Chase and Justices Field, Nelson, and
Clifford dissented. Justice Field concluded thus :

32
I know Ihat the measure was passed in the midst of a gigantic rebellion, when even
the bravest hearts sometimes doubted the safetv of the republic, and that the patriotic
men who adopted it did so under the conviction that it would increase the ability ofthe
Government to obtain funds and supplies, and thus advance the national cause. V\ ere
I to be governed by my appreciation ofthe character of those men, instead of my views
of the requirements of' the Constitution, I should readily assent to the views ot the ma
jority of the court. But, sitting as a jfidicial officer, and bound to compare every law
enacted bv Congress with the greater law enacted by the people, and being linable to
reconcile the measure in question with that fundamental law, I cannot hesitate to pro
nounce it as being, in my judgment, unconstitutional and void.
In the discussions which liave attended this subject of legal tenders there has been at
times what seemed to me to be a covert intimation that opposition to the measure in
question was the expression of a spirit not altogether favorable to the cause in the in
terest of which that me^is'ire was adopted. All such intimations I repel with all the
energy I can express. I do not yield to any one in honoring and reverencing the noble
and patriotic men who were in the councils of tbe nation during the terrible struggle
with .the rebellion. To them belong the greatest of all glories in our history— that of
having saved the Union and that of hiiving emancipated a race. For these results they
will be remembered and honored so long as the English language is spoken or read
among men. But I do not admit that a blind approval of everv measure which they
may have thought essential to put down the rebellion is any evidence of loyalty to the
country. The only loyalty which I can admit consists iu obedience to tbe Constitution
and laws made in pursuance of it. Xl'VII-
In the fall of 1865, while Justice Field was walking in the streets
of San Francisco, he met his old friend Euloffson, the well-known
photographer. The photographer urged Mr. Field to sit for his
picture, and he did so. Mr. Euloft'son said that he would forward
some cartes de visile to the Justice's address in Washington. On
his return to Washington Mr. Field one day met Judge Lake of
San Francisco. The .Judge told him that he had ordered his letters
directed to his care, and they went in to .Justice Field's private
office. • The morning mail had just been received. Among the
letters there was a small package about four inches square and one
and a half inches thick. It was enveloped in common white paper,
and bore on its back the stamp of the Pioneer Photograph Gallery,
San Francisco. It was addressed :

: [Three postage stamps.]
u *
a. \
a '¦ Hon. Stephen J. Field,

Washington, D. C.

The seal of the San Francisco Post Offi<je had beeu stamped over
the address. The superscription was printed, and was evidently
cut from the title page of the CaUfornia Eeports, with the exception
of the words " Washington, D. C," which had been cut out of a
newspaper. Both of the slips were pasted on the package.
" I presume these are the cards from Euloff'son," said the Justice,
as he undid the package. " No, that can't be," he added, " for
Euloff'son has nothing to do with the Pioneer Gallery." The pack
age contained a common miniature case. "It raust be a present
for ray wife," Mr. Field remarked. " I'll take a peep at it." He
stepped to the window playfully, unhooked the lid of the box, raised

33

it an eighth of an inch, and peeped in. The contents, though in
definitely seen, presented a singular appearance. There was some
resistance-to the opening of the Ud. He called Judge Lake's atten
tion to it, and the Judge peered through the little opening.
"Don't open it," he said. " It's a torpedo." The box was soaked
in a pail of water. It was then taken to tho Capitol, opposite
the rooms of Judge Field, where Mr. Broom, one of the clerks of
the Suprerae Court, carefully examined it. tho three gentleraen
finally went into the carriageway under the Senate steps, and, after
shielding theraselves behind one of the columns, threw the box
against the wall, shattering the Ud and exposing the contents. It
was sent to the War Deparfraent, and the following report was re
turned: Washington Arsenal, Jan. 16, 1866.
Gen. A. B. Dyer, Chief of Ordnance, Washington, D. C.
Sib ; Agreeably to your instructions, I have examined the explosive machine sent to
this arsenal yesterday. It is a small miniature case containing twelve copper cart
ridges, such as are used in Smith & Wesson's pocket pistol, a bundle of sensitive friction
matches, a strip of sandpaper, and some fulminating powder. The cartridges and matches
are imbedded in common glue to keep them in place. The strip of sandpaper lies upon
the heads of the matches. One end has been thrown back, forming a loop, through
which a bit of thread evidently passed to attach it to the lid of the case. This thread
may be seen near the clasp of the lid, broken in two. There are two wire staples, un
der which the strip of sandpaper was intended to pass to produce the necessary pressure
on the matches. The thread is so fixed that the strip of sandpaper could be secured to
the lid after it was closed.
The whole affair is so arranged that the opening of the lid would necessarily ignite
the matches were it not that the lower end of the strip has become imbedded in the glue,
which prevents it from moving. That the burning of the matches may explode the cart-
. ridges, there is a hole in each case, and all are covered with mealed powder.
One ofthe cartridges has been examined and found to contain ordinary grain powder.
Two of the cartridges were exploded in a closed box sent herewith. The effect of the
explosion was an indentation on one side of the box.
Verj' respectfully, your obedient servant, J. G. BENTON,
Major of Ord. and Bvt. Col. Comdg.
The following diagram gives the jplan of this infernal machine :

T7T7YT

\J Kj \J

J \J \r^ y.

pop o 1
o

s r's /s

\J \J U

j \,J \J \

1. The heads ofthe matches over which the strip of sandpaper would be drawn by the
raising of the lid. , , ,. .-,...-..
2 The bullets, filed near the top of the copper shells so as to give free ignition to
powder through the aid of the fulminating powder that filled the box.
A newspaper summary of Justice Field's decision in. the Pueblo
case was pasted on the inside of the lid. This was a case involving
the virtue of titles to property in San Francisco. It was decided in
1864. It is said that the decision dispossessed a large number of
speculators and adventurers who had occupied the land as squat-
3

34
ters. Whether the machine was sent by some of these disappointed
adventurers or bysome culprit who had justice meted out to him by
the Judge, and who used the reference to the Pueblo case to avert
suspicion was never known. The package Avas too large to have
been placed in a postal box, and it was undoubtedly passed through
the windows of the San Francisco office. The most experienced
detectives failed to find, a clue.
2CVIIX.
Deservedly or undeservedly. Justice Field has undoubtedly be
corae unpopular through his opinions in the Pacific Eailroad cases.
He has been accused of favoring the interests of monopolies iu
detriment to public and private interests. In effect, he answers
this charge in a dissenting opinion rendered in 1878. " I am aware
of the opinion that prevails generally," he says, " that the Pacific
Eailroad corporations have, by their accumulation of wealth, andthe
numbers in their eraploy, becorae so powerful as to be disturbing
and dangerous influences in the legislation ofthe country, and that
they should, therefore, be brought by stringent raeasures into sub
jection to the State. This raay be true ; I do not say that it is not ;
but if it is, it furnishes no justification for the repudiation or evasion
of the contracts raade with thera by the Governraent. The law
that protects the wealth of the powerful protects also the earnings'
of the hurable ; and the law which vvould confiscate the property of
the one would in the end take the earnings of the other."
Justice Field's decision on the invalidity of the faraous queue
ordinance of the city and county of San Francisco, in the case of
Ho Ah Kow agt. Matthew Nunan, stands in strong contrast to his
Pacific Eailroad decisions. Ho Ah Kow was a subject of the Em
peror of China, residing in San Francisco. He was found guilty of
misdemeanor in violating an act passed by the Legislature of Cali
fornia forbidding any person to sleep in an apartment containing
less than 500 cubic feet of space in the clear for each person occu
pying it. He was convicted, and sentenced to pay a fine of $10,
or in default of such payment to be iraprisoned in the county jail
five days. Failing to pay the fine, he was imprisoned. By virtue
of an ordinance of the city and county of San Francisco, the Sheriff'
cut off" his queue. Ho Ah Kow brought suit for $10,000 for the loss
of'his queue. Ho averred that its loss had disgraced him and os
tracised hira from his countryraen. The Sheriff' set up the ordi
nance in his defence, and Ho Ah Kow denied its vaUdity. The
case was lifted to tho Circuit Court of the United States, and Jus
tice Field delivered the opinion. It would have been easy for hira
to have reasoned that the rule; to clip close the hair of prisoners had
been enforced in all civiUzed countries for hundreds of years. He
might havo said that the law was so couched that it was not raade
to apply to any particular race alone. He knew, however, that its
intention was to inflict ignominious punishment upon a certain race
in the hope that such punishment would drive it away from the

35
coast, and he knew that the Government of the United States had
pUghtcd its solemn word that no such laws should be passed, and
that the Mongolian should have the sarae rights and the sarae pro
tection that are extended to other foreigners. His mind waa never
swerved by a thought that it was possible to temper justice by ex-j
pediency. Braving all possible popular clamor, he decided that the!
treaty with China left him no alternative, and judgment was given
to Ho Ah Kow on a demurrer to the defendant's plea of justification.
This decision maddened Kearney's adherents, and was strongly
condemned by a large portion ofthe population.
251125:.
Justice Field's judicial ability and strong individuality of thought
and action are attested in his dissenting opinions in the confiscation
cases, in the legal tender casea, in the famous New Orleans slaugh
ter-house case involving the construction of the Fourteenth Amend
ment, and in the caae involving the validity of the election lawa of
Congress. In this latter case he held that it was not competent for
Congress to punish a State officer for the manner in which he dis
charges the duty imposed upon hiin by tho laws of the State, or to
subject him in the performance ofsuch duties to the supervision and
control of others, and that it is not competent for Congress to make
the exercise of its punitive power dependent upon the legislation of
the States. Had Justice Field's opinion been concurred iu by a
majority of the Supreme Court, it is safe to say that 50,000 natu
ralized Democrats in this city would not now bo deprived of their
right to vote by the action of Supervisor Davenport.
His dissenting opinion in the Virginia jury cases, recently de
cided, again denies the right of Congress to punish officers of a State
for the manner in which they discharge their duty under its laws,
and asserts that the Thirteenth and Fourteenth Amendments to the
Constitution secured toall persons only civil rights and not political
rights. Judge Cole was indicted in the District Court of tho United
States for Virginia for having failed to select colored citizens as
grand and petit jurors. The indictment was general and not spe
cific. There were no particulars of the offence. Judge Cole was
arrested and held in custody. He petitioned for a certiorari to the
District Court to send up the record of its proceedings to the United
States Court, and for a writ of habeas corpus, alleging that the ac
tion ofthe District Court was without jurisdiction, and prayed for
release frora iraprisonraent. The law of Virginia, in providing for
the preparation of the Ust of persons from whom jurors are to be
taken, makes no discrimination against persons of the colored race.
The Judge of the County or Corporation Court ia restricted in his
iction only by the condition that the persons selected shall, in his
opinion, be well qualified to serve, of sound judgment, and free
¦Tom legal exception. The Commonwealth of Virginia presented
I petition to the Suprerae Court declaring that she waa injured by
being deprived of the services of her judicial officer byhis unlawful

36
arrest. The Suprerae Court decided against Judge Cole, Justice
Field and others dissenting.
In a dissenting opinion, delivered in 1877, Justice Field, in the
case ofthe Pensacola Telegraph Company agt. the Western Union,
denied the power of Congress to authorize the corporations of one
State to do business in a"nother State without the latter's consent.
The remarks of Justice Field in the Electoral Commission on the
Florida and Oregon cases were clear and unrefutable. He closed
thus iu the former case :
I desire that this Commission should succeed and give by its judgment peace to the
country. But such a result can only be attained: by disposing ofthe questions submit-
ted to us on their merits. It cannot be attained by a resort to technical subtleties and
ingenious devices to avoid looking at the evidence. It is our duty to ascertain, it pos- i
sible, the truth, and decide who were in fact duly appointed electors in Florida, not
merely who received certificates of such appointment. The State has spoken to us
through her courts, through hfer Legislature, and through her Executive, and has told
us in no ambiguous terms what was her will and whom she appointed to express it. If
we shut our ears to her utterances, and closing our eyes to the evidence decide this case
upon the mere inspection of the certificates of the Governor and Canvassing Board; we
shall abdicate our powers, defeat the demands of justice, and disappoint the just expec- 1
tations of the people. The country may submit to the result, but it will never cease to ;
regard our action as unjust in itself, and as calculated to sap the foundations of public
moi'ality. Mr. Field is sixty-throe years old. He is five feet nine inches
high, and trimly built. the top of his head is bald, and fringed
with bushy iron gray hair. He has a mustache, full flowing beard,|
blue eyes, regular features, and a high forehead, with the perceptive
faculties strongly developed. He dresses neatly, and wears old fash-|
ioned standing collars and plain gold studs. He uses pebbles set
in a tiny steel frame. He is genial and unobstrusive, and he is said
to be a bitter enemy and a firm friend. He was raarried in San '
Francisco on .June 2, 1859, co Miss Sue Virginia Swearengen of St.|
Louis. The lady is highly accorapUshed, and makes her husband;^
happy. They have no children. Mr. Field resides in an unpreten-S
tious raansion nearly opposite the main entrance to the Capitol in
Washington. The house is substantially furnished, and contains a
magnificent Ubrary. Mr. Field's strong points as a Presidential
candidate are:
1. His pluck shown in various contests.
2. His comparative youth and personal vigor,
3. His record as a war Democrat.
4. His States' rights record.
5. His hard money record.
6. His strict construction of the Constitution.
7. He is down on Presidential Election Frauds.
8. His freedom from entangUng party complications.
9. He has never voted a Eepublican ticket.
10. His friends say that he is the only Democrat vvho can carrj' the
Pacific States.
11. He is a married man.
12. He attends the Episcopal church once every Sunday, though;
he does not fast in Lent. ' ,'

m',.'<" » '
Wft

%

m.

h Mks

.if ¦)

'^^i^^^'§'^ '^'' *^'^

^¦"•Sv

^ ^r^i,^, ¦fjw -m-

'%kV%i.\

f^-,WX

^¥=

:m xl-.

.#l'">,,^=ff

V'"^'

^ji,

II.