I would accept the
office if tendered to me. Notwithstanding this reply my appointment
was urged, and I was nominated by the President. The Senators have
since told me that they pressed my nomination from a belief that
another justice would soon be added to the Supreme Court, and that
the appointment would be made from the Pacific States, and that if
I were circuit judge it would more likely be tendered to me than to
any one else. The interests of those States were so great, and from
the character of their land titles, and their mines of gold and
silver, were in some respects so different from those of the Eastern
States, that it was deemed important to have some one familiar with
them on the Supreme Bench of the United States. Accordingly, while
my nomination for circuit judge was pending before the Senate, a bill
providing for an additional justice of the Supreme Court, and making
the Pacific States a new circuit, was introduced into both Houses of
Congress, and on the last day of the session, March 3d, 1863, it
became a law. Soon after the adjournment of Congress, the entire
delegation from the Pacific States united in recommending my
appointment to the new office. The delegation then consisted of four
Senators and four Members of the House, of whom five were Democrats
and three Republicans; all of them were Union men. I was accordingly
nominated by the President, and the nomination was unanimously
confirmed by the Senate. My commission was signed on the 10th of
March, 1863, and forwarded to me. I did not, however, take the oath
of office and enter upon its duties until the 20th of May following.
At the time I received the commission there were many important
cases pending in the Supreme Court of California, which had been
argued when only myself and one of the associate justices were
present. I thought that these cases should be disposed of before I
resigned, as otherwise a re-argument of them would be required,
imposing increased expense and delay upon the parties. I therefore
sent my resignation as Chief Justice to the Governor, to take
effect on the 20th of May. I selected that day, as I believed the
cases argued could be decided by that time, and because it was the
birthday of my father. I thought it would be gratifying to him to
know that on the eighty-second anniversary of his birth his son had
become a Justice of the Supreme Court of the United States.
Accordingly on that day I took the oath of office.[1]