omes
the arbiter of controversies, and the authority of the
government gives way to the power of the mob.
Rather than set a precedent that might tend to such a result,
that would shake popular confidence in the judiciary, that
would lend any encouragement to violence, a judge, as Justice
Field evidently felt, may well risk his own life for the
welfare of the commonwealth. He did not even favor the
proposition that a marshal be detailed to guard him.
The course of the venerable Justice is an example to all who
would have the law respected. It is also a lesson to all who
would take the law into their own hands.
Not less exemplary was his recognition of the supremacy of the
law when the sheriff of San Joaquin appeared before him with
a warrant of arrest on the grave charge of murder. The warrant
was an outrage, but it was the duty of the officer to serve
it, even on a justice of the United States Supreme Court.
When the sheriff hesitated and began to apologize before
discharging his painful duty, Justice Field promptly spoke
out: "Officer, proceed with your duty. I am ready, and an
officer should always do his duty." These are traits of
judicial heroism worthy the admiration of the world.
The _Albany Evening Union_, in one of its issues at this time, has
the following:
JUSTICE FIELD RELIES UPON THE LAW FOR HIS DEFENSE.
The courage of Justice Stephen J. Field in declining to carry
weapons and declaring that it is time to close the courts when
judges have to arm themselves, and at the same time proceeding
to do his duty on the bench when his life was threatened by
a desperate man, is without parallel in the history of our
judiciary. We do not mean by this that he is the only judge
on the bench that would be as brave as he was under the
circumstances, but every phase of the affair points to the
heroism of the man. He upheld the majesty of the law in a
fearless manner and at the peril of his life. He would not
permit the judiciary to be lowered by any fear of the personal
harm that might follow a straightforward performance of his
duty. His arrest for complicity in a murder was borne by the
same tranquil bravery--a supreme reliance upon a due process
of law. He did not want the officer to apologize to him for
doing his duty. He had imprisoned Judge Terry and hi
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