Both of
these gentlemen have had a conspicuous career in California, and of
both I have many interesting anecdotes which would well illustrate
their characters and which at some future day I may put upon paper.
They were both men of vigorous minds, of generous natures and of
positive wills; but in all other respects they differed as widely
as it was possible for two extremes. Mr. Terry had the virtues and
prejudices of men of the extreme South in those days. His contact and
larger experience since with men of the North have no doubt modified
many of those prejudices, and his own good sense must have led him to
alter some of his previous judgments. Probably his greatest regret is
his duel with Mr. Broderick, as such encounters, when they terminate
fatally to one of the parties, never fail to bring life-long
bitterness to the survivor. A wiser mode of settling difficulties
between gentlemen has since been adopted in the State; but those who
have not lived in a community where the duel is practiced cannot
well appreciate the force of the public sentiment which at one time
existed, compelling a resort to it when character was assailed.

Mr. Burnett was one of the early settlers in Oregon, and had held
positions of honor and trust there before settling in California. He
came here soon after the discovery of gold, took an interest in public
affairs, and was elected the first Governor of the State, when the
constitution was adopted.

Judge Terry resigned his office in September, 1859, when he determined
to send a challenge to Mr. Broderick, and I succeeded him as Chief
Justice; and W.W. Cope, of Amador, was elected to fill the vacant
place on the bench. I was absent from the State at the time, or I
should have exerted all the power I possessed by virtue of my office
to put a stop to the duel. I would have held both of the combatants to
keep the peace under bonds of so large an amount as to have made them
hesitate about taking further steps; and in the meantime I should have
set all my energies to work, and called others to my aid, to
bring about a reconciliation. I believe I should have adjusted the
difficulty.

Mr. Cope, who filled the vacant place on the bench, possessed a
superior mind and a genial nature. He made an excellent Judge. He
studiously examined every case and carefully prepared his opinions. He
remained on the bench until January, 1864, when the new constitutional
amendments, reorganizing the court, went in