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Stephen Johnson Field

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Stephen Johnson Field

Stephen Johnson Field (November 4, 1816[citation needed] – April 9, 1899) was an American jurist. He was an Associate Justice of the United States Supreme Court from May 20, 1863, to December 1, 1897, the second longest tenure of any justice. Prior to this appointment, he was the fifth Chief Justice of California.

Born in Haddam, Connecticut, he was the sixth of the nine children of David Dudley Field I, a Congregationalist minister, and his wife Submit Dickinson, a teacher. His family produced three other children of major prominence in 19th century America: David Dudley Field II the prominent attorney, Cyrus Field, the millionaire investor and creator of the Atlantic Cable, and Rev. Henry Martyn Field, a prominent clergyman and travel writer. He grew up in Stockbridge, Massachusetts, and went to Turkey at thirteen with his sister Emilia and her missionary husband, Rev. Josiah Brewer. He received a B.A. from Williams College, Williamstown, Massachusetts, in 1837. While attending Williams College he was one of the original Founders of the Delta Upsilon fraternity. After reading law in Albany with Harmanus Bleecker and New York City with his brother David, Stephen was admitted to the bar. He practiced law with David until 1848, when he went to California during the Gold Rush.

Field was an uncle of future Associate Justice David Josiah Brewer. Other notable relatives include Paul Stephen Field and legal scholar Anne Field.

In California, Field's legal practice boomed and he was elected alcalde, a form of mayor and justice of the peace under the old Mexican rule of law, of Marysville (curiously, he was elected Alcalde just three days after his arrival in Marysville). Because the Gold Rush city could not afford a jail, and it cost too much to transport prisoners to San Francisco, Field implemented[clarification needed] the whipping post, believing that without such a brutal implement many in the rough and tumble city would be hanged for minor crimes. The voters sent him to the California State Assembly in 1850 to represent Yuba County, but he lost a race the next year for the State Senate. His successful legal practice led to his election to the California Supreme Court in 1857, serving six years.

Field was determined and vengeful when others disagreed with him, and he easily made enemies. An opponent of his wrote that Field's life would be "found to be one series of little-mindedness, meanlinesses, of braggadocio, pusillanimity, and contemptible vanity."

While serving on the California Supreme Court, Field had a special coat made with pockets large enough to hold two pistols so that he could fire the weapons inside the pockets. In 1858 he was challenged to a duel by a fellow Judge (William T. Barbour) but at the dueling ground, neither man fired his gun.

In 1859 Field replaced the former chief justice of the California Supreme Court, David S. Terry, because Judge Terry killed a United States Senator from California (David Colbreth Broderick) in a duel and left the state. Field and Terry's paths crossed again 30 years later when Field, acting in his capacity as a circuit judge of the 9th Federal Circuit Court, ruled against Terry in a convoluted divorce case (and had him sent to jail for contempt of court as well). Seeking revenge, Terry attempted to kill Field in 1889 near Stockton, California, but was instead shot dead by Field's bodyguard, U.S. Marshal David B. Neagle. Legal issues arising from the killing of Terry came before the Supreme Court in the 1890 habeas corpus case of In re Neagle. The Court ruled the United States Attorney General had authority to appoint U.S. Marshals as bodyguards to Supreme Court justices and Marshal Neagle had acted within the scope of his authority in shooting Terry. Field recused himself from the case.

The number of seats on the United States Supreme Court was expanded from nine to ten in March 1863, as a result of the Tenth Circuit Act. This gave President Abraham Lincoln an opportunity to nominate a new associate justice, which he did on March 6, 1863. Seeking to effect both a regional and political balance on the Court, Lincoln selected Field, a westerner and Unionist Democrat. Field was confirmed by the United States Senate on March 10, 1863, and took the judicial oath of office on May 20, 1863.

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