hed; and something, too, had to be undone of that
which had been done in the feverish and anomalous period that
had preceded. It is safe to say that, even in the experience
of new countries hastily settled by heterogeneous crowds of
strangers from all countries, no such example of legal or
judicial difficulties was ever before presented as has been
illustrated in the history of California. There was no general
or common source of jurisprudence. Law was to be administered
almost without a standard. There was the civil law, as
adulterated or modified by Mexican provincialism, usages, and
habitudes, for a great part of the litigation; and there was
the common law for another part, but _what that was_ was to be
decided from the conflicting decisions of any number of
courts in America and England, and the various and diverse
considerations of policy arising from local and other facts.
And then, contracts made elsewhere, and some of them in
semi-civilized countries, had to be interpreted here. Besides
all which may be added that large and important interests
peculiar to the State existed--mines, ditches, etc.--for which
the courts were compelled to frame the law, and make a system
out of what was little better than chaos.

"When, in addition, it is considered that an unprecedented
number of contracts, and an amount of business without
parallel, had been made and done in hot haste, with the utmost
carelessness; that legislation was accomplished in the same
way, and presented the crudest and most incongruous materials
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