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 A Century of Federal Judicature.

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sential to the preservation of liberty." subjected will be discussed in connection And in Tarble's Case, 13 Wall. 397, where with Justice Bradley's opinions. a state commissioner sought to inquire, by In the domain of corporation law Justice writ of habeas corpus, into the validity of en Field delivered many opinions which have listments in the military service of the exercised wide influence. His opinions with United States, he wrote the opinion of the respect to land, water and r^'ning claims, and court denying the jurisdiction of the State in relation to public bonds, have also re tribunals. "This limitation upon the power ceived much consideration in other jurisdic of State tribunals and State officers furnishes tions. In the ordinary subjects of civil juris no ground to apprehend that the liberty of diction his services were perhaps most useful the citizen will thereby be endangered. The in the law of torts. His opinion" in the cele United States are as much interested in pro brated Xitro-Glycerine Case, 15 Wall. 335, tecting the citizen from illegal restraint un and in yttle v. Hackett, 116 U. S. 366, Chi der their authority, as the several States are cago, Milwaukee and St. Paul Railroad Com to protect him from the like restraint under pany v. Ross, 112 U. S. 377 and Baltimore and Ohio Railroad Company v. Baugh, upon their authority, and are no more likely to tol various aspects of the law of negligence, may erate any oppression." To the foregoing statement of Justice be cited as illustrations. And this brief con sideration of his vast labors may well con Field's uniform tendency toward a strict con struction of the constitutional powers of the clude with reference to his dignified exposi national government, one conspicuous reser tion to the reciprocal relations of bench and vation must be made. He participated with bar in the case of Bradley v. Fisher, 13 Wall. Justices Bradley and Miller in establishing on 335broad lines the Federal supremacy over in The following are Justice Field's leading cases : Constitutional Law: terstate commerce. Civil Rights in General: Ex part* Garland, 4 Wall. The position that interstate commerce as 333; Dent v. West Virginia, 129 U. S. 114; Carlisle?•. United States, 16 ib. 147; Beckwith -: liean, 98 ib. 266 such is solely a national matter, but that (ifiss.); Osborne v. United States, 91 U. S. 474; Brown nevertheless there is nothing to prevent the v. Walker, i6r ib. 591 (diss); Knote v. United States, 95 it. 154; Fong Yue Ting v. United States, 149 ib. 698; States, in the exercise of their reserved pow Cummings v. Missouri, 4 Wall. 277. ers, from enacting laws which Congress Fourteenth and Fifteenth Amendments : Slaughter house cases, 1 6 Wall. 36 (r/iss.); Baitemeyer r. Iowa, 18 micrht enact in the exercise of its exclusive ra ib. 129; Strauder v. West Virginia, 100 U. S. 303 (i/iss); power over such commerce, has resolved Neal -'. Delaware, 103 it. 370 (diss.); Barbier v. Con1131^.27; Missouri Pacific R.R. Co. r. Humes, many of the doubts in which the subject had i! nelly, 115 ib. 512; Hayes v. Missouri, 120 it. 68; Soon King v. Crowley, 113 it. 678; Ex parte Wall, 107 it. 265 (diss.); been involved. As an adjunct to this theory, Powell i'. Pennsylvania, 127 it. 678 (i/iss.) these judges, in a line of cases commencing Relations between State and Federal Governments : Louisiana r. Jumel, 107 U. S. 711 (diss.); Ex parte Vir with Justice Field's opinion in Welton v. ginia, 100 it. 339 (diss.); Virginia i: Rives, roo it. 315 (diss.); Ex park Siebold, 100 it. 404 (diss.); The Tarble Missouri, 91 U. S. 275, formulated and ap Case, 13 Wall. 397; Boyd v. Nebraska, 143 U. S. 135 plied the constitutional doctrine that the ab (diss.) I^gal Tender: Knox r. Lee, 12 Wall. 457 (liiss.); sence of Congressional regulations as to Juillard r. Greenman, no U. S. 421 (diss.~) matters national in their nature must be Confiscation Cases : Miller t: United States. II Wall. (iliss.); Windsor T. McVeigh, 93 U. S. 274; Conrad taken to be an indication of its will that there -•.268Wafles, 96 it. 279; Burbank v. Conrad, it. 291. should be no State regulations, while over De facto powers of the Confederate States : Bruffy r/. Williams, 96 U. S. 176. certain other subjects, such as pilots, the si Protection to army in enemy's country : Coleman v. lence of Congress has not such effect. Some Tennessee, 97 U. S. 509; Dow v. Johnson, 100 it. 158. of sealed matter in mails: Ex parte Jack criticisms to which this doctrine has been son,Protection y6 U. S. 727.