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A CENTURY OF FEDERAL JUDICATURE. VII. BY VAN VECHTEN VEEDER. AFTER serving as a justice of the Supreme law, but also in the civil law and its various Court of the United States Supreme corruptions, power to analyze, sift and select Court for thirty-four years and seven (principles, and to assimilate them with the months, thereby surpassing all previous prevailing jurisprudence. To these require ments Justice Field's vigorous intellect was records of service on that bench, Jus tice Field terminated by resignation a entirely equal, whether in developing new continuous judicial career of more than law or in reforming the laws then in opera forty years' duration. Carried westward tion. Such were the characteristics which he in the great movement of 1849, his brought to the Supreme Court of the United unusual professional abilities soon attracted attention, and in 1857 he took his seat on the States in 1863. While he was in no sense a bench of the Supreme Court of California. specialist, his work in this court is perhaps The difficulties of the position at that time most conspicuous in the domain of constitu can hardly be overestimated. The common tional law; and it is with reference to his la law was not acknowledged as a whole; the bors in this department that a few additional civil law as then recognized had been adult considerations suggest themselves. Justice erated by the Spanish-Mexican codes. In Field was independent to a fault; he was ex the feverish pursuit of gold, contracts were tremely tenacious of his individual views. made without deliberation or formality, and None of his colleagues was so often in dis the early legislation was equally careless and sent; none wrote so many separate concur ill-advised. Consequently, mineral and land ring opinions. The considerations which grants were in chaos. The heterogeneous ag usually induce a judge to sacrifice his per gregation of people which made up the early sonal views, where no vital principle is in population of the State was little calculated volved, did not appeal to Justice Field; like Justice Bradley, he believed in dissent. And to facilitate the establishment of law and orIder. It was in such a school that Justice through such influences it has come about that conflict of opinion among the justices, Field demonstrated his independence, fear which was regarded as exceptional dur lessness and judicial capacity. Under condi ing Chief Justice Marshall's time, has been tions which were surely unique, he discharged continued. It is perhaps inevitable that there his duties without fear or favor. The Terry episode was only one of several occasions on should be considerable conflict of opinion in which he was in danger of bodily harm. His constitutional questions, although the old judicial work during this period displays a idea that such differences necessarily arise out high order of judicial capacity. In many of of the political affiliations of the judges has In Justice the problems which confronted him there been thoroughly exploded. were no precedents; in others he was forced Field's case, at all events, dissent was inevi to decide between the conflicting claims ol table. Coming to the bench when the nation two widely different systems of law. The sit was exerting all its power to suppress a great uation therefore demanded original thinking, civil war, and holding the views he held upon extensive learning, not only in the common the powers of the national government and
