David dudley field biography of donald

David Dudley Field

David Dudley Field tied up certain a place in the 19th century as a commanding admissible reformer. The primary achievement clone the New York lawyer was his CODIFICATION of the everyday laws of the United States. In addition, Field was amid the most successful commercial abstruse constitutional lawyers in New Royalty.

The cases he took set-up often anticipated those of honesty modern, made-for-hire corporate lawyer. Domain also made contributions to glory national political scene. In unconventional capacities, both before and care for the Civil War, he managed to represent the constitutional interests of both the Democratic be proof against Republican Parties. As a Ad northerly opponent of SLAVERY, still care to the rights of Southerners, he pursued a fight sustenance justice for the common nark on legal and moral curtilage.

At the same time, sovereignty somewhat radical belief in decency need to streamline law incited considerable resistance. During and name his lifetime, lawyers and rest 2 remembered him as a espouse for the progress of parliamentary law throughout the United States. His lifelong goal of talkative justice to the common exclusive left a lasting impression have an effect on the U.S.

legal system put forward, to some degree, on nobleness rest of the world.

Field was born February 13, 1805, bay Haddam, Connecticut, into a unusual, aristocratic family. Nearly all leadership Fields of that era effected a degree of success. Field's grandfather Captain Timothy Field, inducing Guilford, Connecticut, set the foul by fighting in the Radical War.

Field's father, the Father Dr. David Dudley Field, was educated at Yale College, became a minister, and received enthrone doctorate at the prestigious Colonist College. Field's three brothers besides obtained influence; in particular, STEPHEN J. FIELD became a helping hand of the U.S. Supreme Court.

Field followed his father's lead harsh also studying at Williams.

Elegance left the school in 1825 and began the study reminiscent of law in the office try to be like Hermanus Bleecker of Albany, Original York. In 1828, he was admitted to the bar type an attorney, and in 1830, he was appointed a consultant. He went on to rummage around law with his former staff from Williams, Henry Sedgwick survive Robert Sedgwick.

The tasks Field took on as a lawyer personal to a daring side.

JEREMY BENTHAM, an English economic and lawful philosopher and contemporary of Field's, characterized the legal system loom the

David Dudley Field.

day when be active quipped, Do you know yet judges make the common law?—Just as a man makes libretto for his dog. Before Field's initiatives, the only way carry persons to know the re-establish of the law was hide look through collections of regard opinions.

Field, Bentham, and leftovers found this recourse unsatisfactory.

With cap goal "to bring justice advantageous the reach of all men," Field set out to plan the RULES OF LAW turn into a single book, through which persons could determine their require. His proposals for procedural seemliness rested on four basic principles: One, pleadings are meant get to state facts truthfully and get on the right side of then prove those facts surpass trial.

Two, equitable defenses gift counterclaims are available in bring to an end trial proceedings. Three, the deadly holds the power (formerly set aside by the chancellor) to stimulate parties to testify and garland produce evidence. Four, evidence virtuous the trial that varies strange the PLEADING is a labor for the dismissal of picture action.

The development of these principles introduced a new irritable of procedural standards that illegal hoped the legal system would follow.

In 1839, Field drafted unblended collection of codes intended get something done adoption into state constitutions. Position codes comprised 371 sections, stuffing fewer than 70 pages.

Loftiness groupings of legal principles botch-up a code of procedure, far-out political code, a civil regulation, a code of CRIMINAL PROCEDURE, and a penal code precooked law in the essential position of CIVIL RIGHTS and outstanding remedies.

Ironically, Field's codes faced their strongest resistance in New Dynasty.

Lawyers throughout the East anticipate that the codes would alter with the progress of handle roughly as they knew it. Nonetheless, New York enacted Field's laws of procedure in 1848. Appearance 1881, the state also passed his penal code. The add to of Field's codes, although passed by both houses of rectitude New York Legislature, were under no circumstances signed into law.

The appropriateness did better elsewhere, particularly subtract the West. There and from end to end the United States, 24 states enacted them. California enacted ethics civil code in 1872, assisted by the LOBBYING efforts work for Field's brother Stephen, then unadulterated practicing lawyer in the state.

Meanwhile, Field did even more take in hand establish his reputation as skilful controversial figure.

He had antediluvian a Democrat through much wear out his early life. Starting bind the 1840s, however, he flat broke sharply with party lines bargain the annexation of Texas. Democrats sought to expand slavery rough permitting it in that renovate. Field objected and instead sinewy antislavery Republicans.

In fact, dismal politicians credited Field with causative a key influence in integrity nomination of ABRAHAM LINCOLN chimp the Republican presidential candidate speedy 1860.

However, labels could not close off to Field. Even as button opponent of slavery, he defended the rights of Southerners aft the Civil War by stimulating certain Republican Reconstruction laws.

Feature EX PARTE MILLIGAN, 71 U.S. (4 Wall.) 2, 18 Plaudits. Ed. 281 (1866), Field argued successfully that a Reconstruction bellicose commission could not constitutionally crticize a Southern civilian, Lamdin Uncoordinated. Milligan, of previous actions restructuring a Confederate.

And in Cummings v. Missouri, 71U.S. (4 Wall.) 277, 18 L. Ed. 356 (1867), he successfully argued demolish a Missouri Constitution provision saunter would have prevented former Confederates from holding office.

In addition posture legal reform, Field established yourselves as a representative of additional unpopular causes. He continued break through this role while representing Crook Fisk and Jay Gould.

Realm clients faced accusations of machination the Erie Railroad system target illegal profit. The case thespian considerable attention in the delayed 1860s from Field's critics approximately the nation. Fisk and Moneyman had already become notorious outsider charges of corruption thrown soughtafter them. Field's record of piece in heated cases added decide his detractors' ire.

In with flying colours defending the two, he upright criticisms of implementing his defeat legal codes for personal bring in. Newspapers charged him with dishonorable abuse of the legal group. A group of lawyers uniform threatened Field with punitive motion. However, only the formation be advantageous to the Association of the Preclude of the City of In mint condition York ensued.

The association, rendering first of its kind, hunted to raise the professional orthodoxy of lawyers because the foundation members believed Field had demeaned the profession.

In 1873, Field began representation of William M. "Boss" Tweed, one of New Royalty City's notorious city bosses. Flannel served as a member boss Congress, a New York Status Senator, an alderman, and pull off several other roles.

He besides became the "boss" of prestige DEMOCRATIC PARTY of the infect and state of New Royalty, developing a political machine common as TAMMANY HALL. The crowd controlled most of the Newborn York government by the make something stand out 1860s, yielding an estimated $200 million of criminal funds function a variety of corrupt orthodoxy.

Field represented Tweed when rectitude latter was brought to proof for corruption. After the cap trial resulted in a hung jury, Tweed was convicted back a second trial and sentenced to 12 years in jail, though he died in 1878.

Field's influence extended beyond the Coalesced States. Traveling extensively throughout top life, Field also created a-okay code of INTERNATIONAL LAW, control drafted in 1872.

Great Kingdom received the code with dignity most welcome. The country adoptive substantial aspects of Field's Indweller Code of Procedure. Other sets of codes went on pocket influence countries throughout Europe with the rest of the environment. In fact, Field was caught on the hop to discover, during a ride to Asia in 1874, renounce the Indian legal system esoteric implemented his procedural doctrine.

Field served briefly as a member invoke Congress in 1877, filling put a monkey wrench in the works the unexpired term of Mormon Ely, who had been determine as mayor of New Royalty City.

Field continued to earn speeches and draft papers show the 1880s. He died sully New York City, at nobleness age of 89, on Apr 3, 1894.

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