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View Order. Hover to zoom. Sold Out! Be the first to review. We will let you know when in stock. Thank you for your interest You will be notified when this product will be in stock. I agree to the. In answer to his natural inquiry as to what it all meant, Mary said that since she had come home and thought it all over she found that she did love Jeremiah; that Jeremiah had been very kind to her, and she thought she ought to marry Jeremiah. Roswell inquired how she could do that, as she was already married.

The startling effrontery of the proposal provoked Roswell, and he told her that so far as a separation from himself was concerned she should be gratified to her heart's content, and that while she remained as she was he would not divulge the marriage, but he warned her that if she should attempt marriage with another he would publish the marriage at Putney in every parish church and newspaper in New England. At this point the private interview was interrupted by the hasty entrance of Mistress Susanna, who advanced in great agitation, as the pleadings inform us, and said to Roswell: "Mister Field, why can't you give up that stiffiket" meaning, as he supposed, certificate "and let things be as if they had never been?

Roswell was greatly shocked and disgusted at the appearance, language, and manner of Mary Almira, and he was borne out in his impression of her character by the admission of one brother that she was "a giddy, inconsistent, unprincipled girl," and by that of another that "she was a volatile coquette, who did not know her own mind from day to day. Roswell M. Field never recognized the legality of any such ceremony or that Mary and Jeremiah had the lawful right to intermarry while the marriage at Putney remained in full force and effect.

He had reason to be thankful for his escape from a union for life with a woman of such frivolous nature and easy indifference to the most sacred obligations of human and divine law. But he would not permit himself to become a silent copartner in what, to his strict notion of the inviolability of the marriage contract, was one of the most heinous crimes against society and morals. He, therefore, took every means in his power to bring obloquy and punishment upon the guilty parties.

He instituted various proceedings at law to test the validity of the marriage at Putney. He, among other measures, filed a petition in the Probate Court to secure an accounting from Mistress Susanna as guardian of the estate of his wife Mary Almira. But Susanna avoided the issue by a technical plea. He brought an action of ejectment in the name of himself and Mary Almira to recover possession of a tenement in Windsor of which she was the owner, and secured judgment without any defence being offered.

He secured the indictment of one of her brothers in the United States District Court for having opened one of his letters to his wife. He presented a statement of the facts of the abduction and bigamous marriage of Mary Almira to the Grand Jury of Windsor County, and procured an indictment against her two brothers and Mary Almira and Jeremiah "for conspiracy to carry her without the state of Vermont" to become the bigamous wife of Jeremiah.

He followed Jeremiah and Mary to Boston in July, , and laid the matter before the Grand Jury there, but before any action could be taken Jeremiah and Mary Almira "withdrew from the city of Boston, left New England, took passage at the city of New York in an outward bound vessel, and retired to the other side of the Atlantic. Field disclaimed all intention or wish "to visit legal pains and penalties" upon his wife, whom he regarded "as the victim and scapegoat of a wicked conspiracy. Field met the complaint with a plea that set out all the facts.

He contended that, as the Putney marriage was between persons of legal discretion and consent, there could be no condition that would render it voidable at the election of either. Every law and precedent was in favor of the inviolability of the Putney marriage, and yet so powerful were the family influences and so distressing would have been the results of a finding in his favor, that the lower court preferred to disregard precedents and law rather than illegitimatize the innocent children of Jeremiah and Mary. The same view was taken by the higher court, which absolved Mary of "being fully acquainted with the legal consequences of a solemnization of marriage.

The opinion as rendered is one long apology for declaring the Putney marriage invalid, in order to save Mary Almira from the crime of bigamy and her children from being the offspring of an illicit union. The conclusion of the opinion reflects the spirit in which it was rendered. The immediate parties may find some excuse or palliation in the thoughtlessness of youth, the strength of affection, the pangs of disappointment and blighted hopes, in versatility of feeling to which all are subject, and in constitutional temperament.

The conduct of the friends of either is not to be judged of nor censured in consequence of the unfortunate results which have attended this truly unfortunate case. In judging of the past transactions of others, which have terminated either favorably or unfavorably, we are apt to say that a different course was required and would have produced a different effect. But who can say what would have been the inevitable consequences of a different line of conduct by the friends of either party?

The infatuation and the determination of the parties to pursue that course which was most agreeable to their own feelings and views, placed their friends and acquaintances in a very unpleasant situation, and it would be wrong for us now to say that they were not actuated by good motives, and did not pursue that line of conduct which they thought at the time duty dictated.

We inquire not as to the conduct of others, we censure them not, nor do we say anything as to the parties before us, except what has been thought necessary in deciding the case. Field had shaken the dust of Vermont from his feet and taken up his residence in St. Thus Vermont lost the most brilliant young advocate of his day, and Missouri gained the lawyer who was to adorn its bar and institute the proceedings for the manumission of Dred Scott, the slave, whose case defined the issues of our Civil War. The young lawyer, who had been admitted to the bar of his native state at the age of eighteen, was fully equipped to match his learning, wit, and persuasive manners against such men as Benton, Gamble, and Bates, who were the leaders of the Missouri bar when, in , Roswell Field took up his residence in St.

Now it was that his familiarity and facility with French, German, and Spanish stood him in good stead and, combined with his solid legal attainments, speedily won for him the rank of the ablest lawyer in his adopted state. But Roswell Field brought from Vermont something more than an exceptional legal equipment and the familiarity with the languages that is necessary to a mastery of the intricate old Spanish and French claims which were plastered over Missouri in those early days.

He had inherited through his mother, from her grim old Puritan ancestors, the positive opinions and unquenchable sense of duty that constitute the far-famed New England conscience. He was born with a repugnance to slavery, whether of the will or of the body, and grew to manhood in the days when the question of the extension of negro slavery to the states and territories was the subject of fierce debate throughout the union. He had fixed convictions on the subject when he left Newfane, and he carried them with him to the farther bank of the Mississippi.

It is to the uncompromising New England conscience of Roswell Field that his countrymen owe the institution of the proceedings that finally developed into the Dred Scott case, in which the question of the legal status of a negro was passed upon by the Supreme Court of the United States. This is very properly regarded as the most celebrated of the many important cases adjudicated by our highest tribunal, for not only did it settle the status of Dred Scott temporarily, but the decision handed down by Chief Justice Taney is the great classic of a great bench.

It denied the legal existence of the African race as persons in American society and in constitutional law, and also denied the supremacy of Congress over the territories and the constitutionality of the "Missouri Compromise. To Roswell Field belongs the honor of instituting the original action for Dred Scott, without fee or expectation of compensation. The details of this celebrated case, after it got into the United States courts, are a part of the history of our country. Dred Scott was a negro slave of Dr. Emerson, a surgeon in the United States Army, then stationed in Missouri.

Emerson took Scott with him when, in , he moved to Illinois, a free state, and subsequently to Fort Snelling, Wis.

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This territory, being north of 36 degrees and 30 minutes, was free soil under the Missouri Compromise of At Fort Snelling, Scott married a colored woman who had also been taken as a slave from Missouri. When Dr. Emerson returned to Missouri he brought Dred Scott, his wife, and child with him. The case came to the attention of Roswell Field, and at once enlisted all his human sympathy and great legal ability. His first petition to the Circuit Court for the County of St. Louis is too important and unique a human document not to be preserved in full. Your petitioner therefore prays your Honorable Court to grant him leave to sue as a free person in order to establish his right to freedom and that the necessary orders may be made in the premises.

Upon reading the above petition this day, it being the opinion of the Judge of the Circuit Court that the said petition contains sufficient matter to authorize the commencement of a suit for his freedom, it is hereby ordered that the said petitioner, Dred Scott, be allowed to sue, on giving security satisfactory to the Clerk of the Circuit Court for all costs that may be adjudged against him, and that he have reasonable liberty to attend his counsel and the Court as occasion may require, and that he be not subjected to any severity on account of this application for his freedom and that he be not removed out of the jurisdiction of the Court.

July 2d, Louis, to execute the necessary bond for costs. Then he lost no time in filing the following complaint, which I have no doubt Eugene Field would have mortgaged many weeks' salary to number among his most precious possessions. He would have cherished it above the Gladstone axe, for, while that felled mighty oaks, this brief document laid the axe at the root of a deadly upas-tree which threatened the destruction of a free republic.

LOUIS ss. November Term, Dred Scott, a man of color, by his attorneys, plaintiff in this suit, complains of Alexander Sandford as administrator of the estate of John Emerson deceased, Irene Emerson and Samuel Russell, defendants of a plea of trespass. For that the said defendants heretofore, to wit on the 1st day of July in the year at to wit the County of St.

With this brief and bald complaint for trespass to the person and false imprisonment was begun a long and stubbornly fought litigation, extending over ten years, and which was destined to end in Chief Justice Taney declaring: They [negroes] had for more than a century before [the Declaration of Independence] been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit.

He was bought and sold and treated as an ordinary article of merchandise and traffic whenever a profit could be made by it. From the beginning of his connection with this case Roswell Field contended for the broad principle enunciated by Lord Mansfield that "Slavery is so odious that nothing can be suffered to support it but positive law.

In the second suit Dred Scott and his family were declared free by the local court, but the judgment was reversed on appeal to the Supreme Court of the state. Judge Gamble, in dissenting from the opinion of the majority of the Court, held that "In Missouri it has been recognized from the beginning of the Government as a correct position in law that a master who takes his slave to reside in a state or territory where slavery is prohibited thereby emancipates his slave.

The case was tried in May, , and it was again declared that Scott and his family "were negro slaves, the lawful property of Sandford. Field's connection with the case ended when he prepared the papers on appeal and sent his brief to Montgomery Blair, with whom was associated for Scott on the second hearing George Ticknor Curtis. Both of these eminent lawyers emulated the example of Eugene Field's father, who for nearly nine years had devoted a large share of his time and energy to the fight of a penniless negro slave for liberty. Looking back now it is almost impossible to realize how the issue in this case stirred the nation to its depth.

It was first argued while the country was in the throes of the fierce Fremont-Buchanan campaign, and it was believed that the second hearing was ordered by a pro-slavery court after Buchanan's election, to permit more time in which to formulate the extraordinary decision at which the majority of the court arrived. The decision was political rather than judicial, and challenged the attention of the people beyond any act of the Supreme Court before or since.

It must not be thought that a single case, although the most celebrated in the annals of American jurisprudence, was Roswell Field's sole claim to the title of leader of the Missouri bar during his lifetime. The records of the Superior Court of that state bear interesting and convincing testimony to the exceptional brilliancy of Eugene Field's father, while the tributes to his memory, by his brothers at the bar and the judges before whom he appeared, prove that in all the relations of life he fulfilled the promise of ability and genius given in his graduation from college at an age when most boys are entering a preparatory school.

Before dismissing Roswell Field to take up the story of his son's career, I wish to quote a few passages from a brief memoir which is preserved in the history of Newfane, as throwing direct hereditary light on the peculiar character, fascinating personality, and entertaining genius of his son.

As I may hereafter have occasion to refer to Eugene Field's political convictions, let us begin these quotations with one as to his father's politics: "In the dark days of the Rebellion, during the years and , when the friends of the Union in St. Louis and Missouri felt that they were in imminent danger of being drawn from their homes and of having their estates confiscated by rebels and traitors, General Lyon, General Blair, and R. Field were among the calm, loyal, and patriotic men who influenced public action and saved the city and state.

He was elegant in his manners and bland and refined in his deportment. He was a skilful musician and passionately fond of children, and it was his wont in early life to gather them in groups about him and beguile them by the hour with the music of the flute or violin. He was actually devoid of all ambition for power and place, and uniformly declined all offers of advancement to the highest judicial honors of the state. Louis bar, we have this testimony as to the remarkable extent and versatility of Roswell M.