JUDGE FIELD AS A MEMBER OF THE SUPREME COURT OF THE UNITED STATES: 1. His appointment........ 2. His opinions on 1. The Milligan case... 2. The Cummings case....... 4. The McArdle case... 5. The Confiscation cases...... 6. Cases on Pardon and Amnesty 7. Legal-Tender cases and Confederate notes......... 8. The legislative power of the Insurgent States during 9. Protection from military arrest and imprisonment, 10. Protection to officers and soldiers of the United PAGES. 39 40-42 42-45 45-46 46-50 50-59 59-65 65-86 87-96 96-105 105 war....... a. Coleman vs. Tennessee.... 106-112 112-119 11. Protection of sealed matters in the mails from in spection of officials of the Post Office............ 119-124 12. The Fourteenth Amendment and the Slaughter- 124-156 13. The power of the State to control the compensation 156-173 14. The relation between the General Government and a. The Virginia Jury cases.......... 173-201 b. The Election cases from Ohio and Maryland... 201-216 15. Corporations - cases relating to their powers and liabilities: a. Paul vs. Virginia.... b. Marsh vs. Fulton County. c. Tomlinson vs. Jessup..... d. The Delaware Railroad Tax Case........ e. Board of Commissioners of Tippecanoe County vs. Lucas, Treasurer.............. f. Broughton vs. Pensacola.. PAGES. 222-223 223-224 h. Pensacola Tel. Co. vs. Western Union Tel. Co... 225-233 i. Union Pacific R. Co. vs. United States......... 233-255 16. Other cases in the Supreme Court.......... 17. Inter-state commerce................... a. Welton vs. Missouri.... b. Sherlock vs. Alling. c. County of Mobile vs. Kimball..... .......... 256-258 259 260-264 264-268 268-273 18. The power of taxation by the General and State 20. The use of running waters on the public lands........ 288 a. Atchison vs. Peterson. 289-294 b. Basey vs. Gallagher....... 294-295 CASES IN THE CIRCUIT COURT OF THE UNITED STATES: 1. U. S. vs. Greathouse......... 2. U. S. vs. Knowles....... 3. U. S. vs. Smiley. 4. Ex-parte Cavanaugh on habeas corpus... 5. Hardy vs. Harbin.... 6. Hall vs. Unger....... 7. Montgomery vs. Beavans... 9. The Eureka case..................................... 296-305 305-309 309-313 314 315 321-328 328-335 8. United States vs. Flint, Throckmorton, and Carpentier... 335-349 10. The municipal lands of San Francisco. The Pueblo case... 360-376 11. The legislation of California, State and municipal, against the Chinese...... a. The case of Ah Fong on habeas corpus. b. Ah Kow vs. Nunan....... 12. Other cases in the Circuit Court............. THE ELECTORAL COMMISSION OF 1877: 1. The Florida case......... 2. The Louisiana case........ 3. The Oregon case. 4. The South Carolina case. 439-440 5. General disappointment of the country at the action of 440-442 APPENDIX. Opinions of the Supreme Court in the Test-Oath cases, de livered by Judge Field: 1. In the Cummings case. 2. In the Garland case..................... ......................... PAGES. 445 457 INTRODUCTORY SKETCH. I purpose to analyze and describe the work and its results of one who, to an extraordinary degree, has impressed his own conceptions upon the jurisprudence of the country-as much so, perhaps, as any living jurist of America. To those who are informed as to the extent and variety of his official labors, this will not appear an extravagant opinion; and its correctness will be demonstrated by the facts which I shall produce. The subject of this memoir belongs to a remarkable family a family which well illustrates the effects of American civilization and institutions working upon the best New England character. Commencing their careers with no advantages except the early training of Godfearing parents, and the education afforded by the country academy and college, the living members of the family, consisting of the brothers David Dudley Field, Cyrus West Field, Stephen Johnson Field, and Henry Martyn Field, have all risen to distinction. Of the first two named brothers the reputation is world-wide; in fact, David Dudley Field and Cyrus W. Field are even better known and more honored throughout Europe than in their own country. If the fourth brother has attained to a less extensive fame, it is because as a clergyman he has confined his activities to an American church, within which he has a high position and has long wielded a powerful influence as the editor of one of the leading religious papers of the country. Of David Dudley Field and Cyrus W. Field it is unnecessary to speak. The former, by his reforming measures in the systems of procedure in the courts, has revolutionized the modes of administering justice, and placed them upon a foundation of simplicity and truth in all those nations and regions of the world where the English common law has been adopted. The latter, by his far-seeing sagacity, untiring energy, and deep enthusiasm, has been the leader in accomplishing that triumph of science and commerce combined by which all parts of the world are united, time and space are annihilated, nations are made one, and the vast world-wide movements and transactions of business, trade, and commerce are controlled. The work of the third brother, who is the subject of this sketch, has been restricted to the legislation and jurisprudence of his own country, but in some respects it is equal in importance and variety to that accomplished by either of his brothers. Stephen Johnson Field was born in Haddam, Connecticut, on the 4th of November, 1816. His grandfathers on both his paternal and maternal sides served as officers in the Revolutionary War, and were descended from a Puritan stock, their ancestors being among the earliest settlers of New England. In 1819, when he was about three years old, his father, who was a Congregational clergyman, removed to Stockbridge, Massachusetts, and Stephen's childhood and early youth were there passed in what has become one of the most famous and classic spots of New England. At the age of thirteen, a step was taken by him which undoubtedly produced a deep and lasting impression upon his intellectual and moral character, although its effects upon his external life were temporary and trifling. In 1829 an elder sister married the Rev. Josiah Brewer. Mr. and Mrs. Brewer, acting under the auspices of The Ladies' Greek Association in New Haven, soon afterwards sailed for the Levant, with the intention. |