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 to
remain Chief Justice of the Supreme Court of the State than to be a
judge of an inferior federal court, but that if a new justice were
added to the Supreme Court of the United States,