courts, revolutionized the methods of administering justice, and simplified them among those places where the English common law was in force. Cyrus W. Field, by his quenchless enthusiasm, tireless activity and unfaltering faith, became the leader of that triumphant assimilation of science and commerce, by which space was obliterated and the converse of the world became a mere routine in the daily affairs of men. The third son, Stephen Johnson Field, is the subject of this sketch. The fourth Henry Martyn Field, still living, is dinguished as an eminent divine, editor and litterateur, and all are equally well known and honored throughout Europe as in their own country.

An elder sister was the immediate maternal ancester of the Hon. David Josiah Brewer of the Supreme Court of the United States, who, since 1889, was associated with Mr. Field in that august tribunal.

At the age of thirteen years he accompanied the Rev. Josiah Brewer, who was married to an elder sister, to Smyrna, where he remained two years and a half, learning the modern Greek language, so that he spoke it fluently, as well as acquiring, during his foreign sojourn, the French, Italian and Turkish. This foreign

In

life enlarged his ideas. Educated in the strictest school of the Puritans, he became tolerant of religious opinions which differed from his own. The devotional fervor of the Moslem at morning, noon and sunset, impressed him as a lesson for the Christian. 1832 he returned to America and entered Williams College. He was graduated in 1837, and delivered the valedictory oration the highest honor of his class. He subsequently entered the law office of his brother, David Dudley, in New York City, and in 1841 was admitted to the bar, became his brother's partner and continued in the practic of his profession for seven years.

At this time the glittering stories of the fabulous wealth of the mountains and streams of California captivated his adventurous spirit. An empire had appeared upon the shores of the great sunset sea which seemed almost to have been taken from the pages of the Arabian Nights. Its scope offered an unmeasured field for the ambition of the young lawyer, and on December 28, 1849, he landed at the city of the Golden Gate with an abundant stock of courage and ten dollars in his pocket.

January 18, 1850, found him aiding in the organization of the town of Marysville, Cal., at the junction of the Yuba and Feather rivers, and, upon the establishment of the town government, he was elected first Alcalde. The position was a very trying one, but the firm attitude he maintained against lawlessness enabled him to fill the position with great satisfaction to his fellow townsmen.

In 1851 he was elected to the Legislature, and at this period the splendid abilities, which have placed his name so high upon the scroll of fame, first were given the opportunity of displaying the hidden treasures of thought and learning, which has since been impressed upon and, in several instances, shaped our national destiny. During the session of that Legislature he did more than any other individual in constructing the frame-work of the system of laws of California. He lived among miners; he learned the rules by which they regulated the possession and development of their claims; he slept in their tents; ate at their camps and heard the stories of mining life. He recognized that strict justice was the basis upon which their system of "local law was founded. He took at once a leading position. He directed the attention of that body to the protection of that industry which early opened the way to the marvelous growth and richness of the great commonwealth of California. He saw that wisdom lay in giving the sanction of the law to rules which the miners had set up for holding possession and control of mining properties. Accordingly, he framed and had adopted into a general statute, regulating proceedings in civil cases in the state courts, the following provision:

"In actions respecting mining claims, proofs 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 constitution and the laws of this state, shall govern the decision of the action.”

This principle was adopted by other mining regions, and was finally incorporated in the Federal law. It helped to mould the magnificent future of California and was influential to a remote degree in its effects, in generously fostering the industrial resources of that state. It added untold wealth to the country. Its wisdom has never been questioned, and years after, the lasting benefits of that legislation is commented upon in the case of Jennison vs.

Kirk, 98 U. S. 457. He framed the law of exemption from forced sale, the mechanic's tools, the farmer's plow and oxen, the surgeon his instruments, the lawyer his library, the property of judgment debtors-save for the purchase money. It was broader than any eastern law of like character.

He prepared separ-
These were

He reorganized the judiciary of that state. ate bills to regulate the civil and criminal practice. based upon the civil and criminal proceedure proposed by the New York commission, modified to suit the social conditions and habits of the people of California. They were not bare copies of the proposed New York law, for he altered and reconstructed over three hundred sections and added over one hundred new ones. These became the civil and criminal practice acts of the state, and have been subtsantially adopted by the states and territories west of the Rockies. He acquired, during the session, a reputation for untiring industry, zeal and devotion to the public service.

In 1857 he was elected to the Supreme Bench of the state of California; a vacancy occurring before his term of office began, the governor appointed him to fill the vacancy, although a political opponent, and, upon the resignation of Hon. David S. Terry, he became the Chief Justice. His clearness of mind, and his understanding of the great principles of the law, were never confused or deceived by the brilliant efforts of the master minds at the bar of that court.

In 1863, when the increasing importance of the Pacific states became manifest, a new circuit became necessary. By an act of Congress, June 23 of that year, it was provided that the districts of California and Oregon should constitute the Tenth circuit. Legislators, senators, members of all parties besought President Lincoln to appoint Judge Field to this new circuit. By executive order, Judge Field was so assigned. This order and number of circuits continued in force until reduced by law to the present number, and Judge Field allotted to the Ninth. Hon. J. G. Baldwin, his associate upon the Supreme Bench of California, said: "By this event the state has been deprived of the ablest jurist who has ever presided over her courts. His commission was dated March 10, 1863, but he did not take his oath of office until

May 20 of that year, partly because of cases he had heard, and partly from sentiment, as he wished to celebrate the birthday of his father, who would reach the age of eighty-two years at that date.

When he ascended the Supreme Bench it was to take his place among an illustrious galaxy of brilliant and profound jurists; Taney was Chief Justice, and Wayne, Catron, Nelson, Crier, Clifford, Swayne, Miller and Davis associate justices. There was

no tribunal in the world of more exalted functions. In the language of a learned writer, there were "legal questions of a countless number and variety, affecting private rights, and involving every department of jurisprudence common law and equity, admiralty, maritime and prize law, patent law and copyright, the civil law as embodied in Louisiana and Mexican codes, statutes of Congress and State Legislatures-everything, except pure matters of probate, may come before that court for adjudication. Probably no other single tribunal in the world is called upon to exercise a jurisdiction extending over so many different subjects, and demanding from its judges such a variety of legal knowledge." The element of transcendent importance, which elevates that court above any other judicial tribunal, is its authority as a final arbiter in all controversies involving the construction of the Federal constitution, and determining the bonds beyond which neither the national nor state governments may transgress.

He was possessed of the highest order of physical and moral courage he was absolutely fearless. These great qualities were conspicuously displayed on several memorable occasions. Whether called upon to exercise his enlightened convictions of the law from the bench, in the face of heated popular disfavor and prejudice, or meet in private life a personal danger, he exhibited the same unruffled exterior and unflinching bravery. In the early days of California the code duello was not infrequently the arbiter appealed to in the settlement of disputes. Judge Field, while never having actually engaged in the exchange of shots, never declined to meet an antagonist when challenged to the field of honor. He displayed the same calm resolution during all the trying moments surrounding the awful tragedy which cast its shadows over his otherwise happy life. When warned that he should arm himself

for self defense, before the happening of that tragic event, his answer showed the grandeur of his conception of the judiciary of the Republic "when it comes to such a pass in this country that judges of the court find it necessary to go armed, it will be time to close the courts themselves." In his rigid maintenance of the basic truths of the Federal constitution in all their simplicity and strength, he was almost without a peer upon the bench. An eminent legal writer has said: "The principles which underlie all of Judge Field's work in interpreting the constitution, and to which he has constantly adhered, whether acting with the court or dissenting it, are summed up in two ideas: First, the preservation from every interference or invasion by each other of all the powers and functions allotted to the national government and the state governments; and, second, the perfect security and protection of private rights from all encroachments, either by the United States or by the individual states." These two ideas run through his decisions. He never faltered in upholding constitutional guarantees even in the face of popular passions.

He never courted popularity, nor shrunk from popular rancor because of his decisions. In the language of Lord Mansfield, he wished popularity, but it is that popularity which follows, not that which is run after; it is that popularity which, sooner or later, never fails to do justice to the pursuit of noble ends by noble means. Of him Professor Pomeroy said: "He always faithfully discharged his sacred duty of deciding according to his own enlightened convictions of law and justice, in complete oblivion of all external forces, and in absolute fearlessness of the consequences.

It would compass the pages of an extensive volume to detail his great career upon the bench, where he has left to his countrymen a rich storehouse of learning, profound understanding of the great principles of the law, and legal acumen, and which has been indelibly implanted in the jurisprudence of our country by one of the most masterful minds of this age. It is said that he alone wrote six hundred and twenty opinions of the Supreme Court, and previously prepared fifty-seven opinions in the Circuit Court and three hundred and sixty-five in the Supreme Court of the state of California. He remained upon the bench of the Supreme Court of the