I determined to go East
to see my parents and brothers and sisters, who had never been out of
my mind a single day since I left them in 1849. Accordingly, I
went East, and after passing a few months with them I returned to
California in January, 1855. After that I continued to practice my
profession, with Mr. Smith as my partner, until the spring of 1857,
though during this period he went to Washington as Commissioner of the
State to obtain from Congress the payment of moneys expended by her
in suppressing the hostilities of Indians within her borders, and
was absent several months. In April of that year we dissolved our
partnership. A few months afterwards I was nominated for the bench of
the Supreme Court of the State, and was elected by a large majority.
There were two candidates besides myself for the position, and 93,000
votes were polled. Of these I received a majority of 36,000 over each
of my opponents, and 17,000 over them both together.[3] The term to
which I was elected was for six years, commencing January 1st, 1858.
In September, 1857, Hugh C. Murray, then Chief Justice, died, and
Associate Justice Peter H. Burnett was appointed to fill the vacancy.
This left the balance of Judge Burnett's term of service to be filled,
and I was urged by the Governor of the State to accept his appointment
to it, as it was for less than three months, and immediately preceded
my own term. At first I refused, as I desired to revisit the East; but
being assured by the judges that taking the place need not prevent
my intended visit, I accepted the appointment, and on the 13th of
October, 1857, took my seat on the bench.
[1] See Letter of Judge Mott detailing the particulars of the
affair; Exhibit H, in Appendix.
[2] See Exhibit I, in Appendix.
[3] The exact vote was as follows:
For myself 55,216
For Nathaniel Bennett 18,944
For J.P. Ralston 19,068
------
Total vote 93,228
Majority over Bennett 36,272
Majority over Balston 36,148
Majority over both 17,204
REMOVAL FROM MARYSVILLE--LIFE ON THE SUPREME BENCH.--END OF JUDGE
TURNER.
The day following my acceptance of the Governor's appointment to
the Supreme Court of the State, I returned to Marysville to close my
business before taking up my residence in Sacramento, where the court
held its sessions. I had gone to Sacramento to argue some cases be
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