from Tuolumne
County, took occasion to make an abusive attack on me. It was the
common practice in those days to go armed. Of the thirty-six members
of which the Assembly then consisted, over two-thirds never made their
appearance without having knives or pistols upon their persons, and
frequently both. It was a thing of every-day occurrence for a member,
when he entered the House, before taking his seat, to take off his
pistols and lay them in the drawer of his desk. He did it with as
little concern and as much a matter of course, as he took off his hat
and hung it up. Nor did such a thing excite surprise or comment. But
when Mr. Moore rose to reply to me, he first ostentatiously opened his
drawer, took out his revolvers, cocked them, and laid them in the
open drawer before him. He then launched out into a speech of the
most opprobrious language, applying to me offensive epithets, and
frequently interspersing his remarks with the declaration that he
was responsible for what he said, both there and elsewhere. It is
difficult for me to describe the indignation I felt at this outrageous
assault and the manner in which it was made. Its very fierceness made
me calm, as it is said that a tempest at sea is sometimes so violent
as to still the waves. So when I came to make my rejoinder, I answered
only such portions of his speech as attempted argument, and made no
allusion to the personal language he had used towards me. But as soon
as the vote was had on the question of postponing the impeachment, I
took measures to call him to account. For this purpose I applied to
Mr. Samuel A. Merritt, a member from Mariposa County, to carry a
note from me to him, calling upon him to apologize for his offensive
conduct or give me the satisfaction which it was understood one
gentleman had the right to demand from another.

At that time it was generally supposed that the constitutional
provision in regard to duelling was self-operative, and that any
person who either sent or accepted a challenge, or acted as a second
to one who thus offended, would _ipso facto_ be disqualified from
afterwards holding any public office. Upon this understanding of the
law, Mr. Merritt, with many expressions of regard for me and regret at
the law, declined to carry the note. I then applied to Mr. Richardson,
also a member, but he declined for the same reason. I was afraid, as
matters stood, that I could not get anybody to act for me, and I did
not know to who