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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.......
3. The Garland 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
the civil war, and the extent to which the Confed-
erate Government could be regarded as a de facto
government..........................

9. Protection from military arrest and imprisonment,
during the war, of citizens not in the military ser-
vice of the United States, where the Civil Courts
were open........................

10. Protection to officers and soldiers of the United
States army in the enemy's country during the

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....
b. Dow vs. Johnson.

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-
House cases........

124-156

13. The power of the State to control the compensation
receivable for the use of private property and ser-
vices in connection with it. The Chicago Ware-
house cases.......

156-173

14. The relation between the General Government and
the State Governments:

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..............

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f. Broughton vs. Pensacola..
g. U. S. vs. New Orleans.....

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

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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

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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.

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4. The South Carolina case.

439-440

5. General disappointment of the country at the action of
the Commission, from the Public Ledger of Philadel
phia...................

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.

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