Page:The Green Bag (1889–1914), Volume 11.pdf/274

 The Late Mr. ^Justice Field.

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time was able to hit a small object across nearly $20,000 in debt for which he paid the street. I had come to the conclusion, ten per cent a month interest. In the legis that if I had to give up my independence, lature he was placed on the judiciary com if I had to avoid a man because I was afraid mittee and did a great work for the State. he would attack me, if I had to cross the The condition of the law was chaotic, the street every time I saw him coming, life was Spanish code with Mexican variations, the common law and crude statutory provisions not worth having." The determined fearlessness thus shown, being hopelessly commingled, to the confu was eminently characteristic of Justice Field, sion of suitors and the delay and defeat of justice. Mr. Field drafted, and succeeded in and was manifest not only in his personal re lations, but in the discharge of every duty passing, acts reorganizing the courts of the State on the most enlightened basis. He and the maintenance of every cause he un dertook. He sent word to Judge Turner, also from an intimate knowledge of the mi "Tell him from me that I do not want any ners and their wants had legislation passed collision with him; that I desire to avoid all for their protection, and for the settlement personal difficulties, but that I shall not of mining controversies, which had an im cross the street to avoid him, nor go a step mediate and beneficial result, and has been out of my way for him; that I have heard copied everywhere. In it he gave the full of his threats, and that if he attacks me or est effect to the customs and rules the comes at me in a threatening manner I will miners had themselves established. He greatly liberalized the law as to debtors, kill him." These extracts are given because it was and in fact, as has since been recognized, this attitude consistently adhered to, that contributed far more than any other one man to building up the governmental fabric carried Mr. Field safely through many diffi culties and dangerous situations. In one of California on a safe and enduring founda tion. On his return to Marysville after the instance he felt compelled to send a chal lenge; and in another to accept one to fight adjournment of the legislature, as previously in a small room with pistols and bowie- stated, he was bankrupt, arriving there as he says with eighteen cents in his pocket. In knives. In both cases he had been outra geously assailed and in both cases apologies some recollections, he thus describes his sur roundings at this time, vividly illustrating to him resulted without any fight. Speak early life in California : " On the next day ing in general of the subject he says : " Un til the summer of 1854 I carried weapons, I looked around for quarters. I found a and yet they were not such provocatives of small house thirty feet by sixteen and took difficulty as some of our Eastern friends it at eighty dollars a month. It had a small seem to think. On the contrary, I found loft in which I placed a cot purchased on credit. On this I spread a pair of blankets that a knowledge that they were worn gen and my valise for a pillow. I secured a erally created a wholesome courtesy of man chair without a back for a washstand, and ner and language." with a tin basin, a pail, a piece of soap, a The difficulty with Judge Turner, the toothbrush, comb, and a few towels, I was Texas judge referred to, by whom he was rigged out. I brought my own water from temporarily disbarred threw him out of ac tive practice, and he ran for the legislature a well near by. I had downstairs an old and was elected in 1850. He had made a pine table and a cane-bottomed sofa, and good deal of money at the bar which was with these and the statutes of the previous unfortunately invested, resulting not only in session, I put out my sign and began again the loss of all he had, but leaving him the practice of my profession." Within two