for construction; that the whole scheme and organization of the government, and the relation of the departments to each other, had to be adjusted by judicial construction—­it may well be conceived what task even the ablest jurist would take upon himself when he assumed this office.  It is no small compliment to say that Judge Field entered upon the duties of this great trust with his usual zeal and energy, and that he leaves the office not only with greatly increased reputation, but that he has raised the character of the jurisprudence of the State.  He has more than any other man given tone, consistency, and system to our judicature, and laid broad and deep the foundation of our civil and criminal law.  The land titles of the State—­the most important and permanent of the interests of a great commonwealth—­have received from his hand their permanent protection, and this alone should entitle him to the lasting gratitude of the bar and the people.

“His opinions, whether for their learning, logic, or diction, will compare favorably, in the judgment of some of our best lawyers, with those of any judge upon the Supreme Bench of the Union.  It is true what he has accomplished has been done with labor; but this is so much more to his praise, for such work was not to be hastily done, and it was proper that the time spent in perfecting the work should bear some little proportion to the time it should last.  We know it has been said of Judge Field that he is too much of a ‘case lawyer,’ and not sufficiently broad and comprehensive in his views.  This criticism is not just.  It is true he is reverent of authority, and likes to be sustained by precedent; but an examination of his opinions will show that, so far from being a timid copyist, or the passive slave of authority, his rulings rest upon clearly defined principles and strong common sense.

“He retires from office without a stain upon his ermine.  Millions might have been amassed by venality.  He retires as poor as when he entered, owing nothing and owning little, except the title to the respect of good men, which malignant mendacity cannot wrest from a public officer who has deserved, by a long and useful career, the grateful appreciation of his fellow-citizens.  We think that we may safely predict that, in his new place, Justice Field will fulfill the sanguine expectations of his friends.”

    J.G.B.

    SAN FRANCISCO, May 1, 1863.

[1] He was in the Legislature only one session.

* * * * *

In 1855 a circuit court for California was created by Congress, and clothed with the ordinary jurisdiction of the several circuit courts of the United States.  Hon. M. Hall McAllister was appointed its judge.  In January, 1863, he resigned and my appointment as his successor was recommended by our Senators.  They telegraphed me what they had done, and I replied that I could not accept the place, that I preferred