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.
Pages:
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144