tunity to speak kindly of that city. There were spent the happiest days of his life, there his fame grew and spread until it reached its present height, and there in the end he will be laid to rest and sleep the eternal sleep.

He married in 1872 Miss Alice Crawford, an accomplished and beautiful young lady, a native of the town of Auburn, Placer County, Cal., who during her life shared his victories and achievements. He once said to a friend that he could distinctly remember the ringing of bells and the jollification that followed the birth of his destined wife, one of the first children born in Auburn; for the birth of a baby was an important event in those days and in that region. She died at San Francisco in November, 1887, leaving him without issue.

Mr. Haymond said on a recent occasion: "I am an old man, alone in the world; all that is dear to me has been taken away; without hope, without an ambition, except to be right. In any country but ours a professional man would think at his age his life only well begun.

His remaining hope to-day is expressed in the following extract from a letter recently received by a friend:

"I have bought me a ranch. You will be surprised to know that I have got a bargain in a trade and have at last found a place near the University, where I am going, in a year or two, to build a little home for myself. I think that, used as I will use it, if any calamity should overtake me and render me helpless, it would support me nicely.

"You know that I have had in view for the last year a retired life, when I might complete some work long ago commenced, and I now look forward to entering upon this life in a year or two, if I should be spared so long. It will be but a short drive, over a fair road, from the University; in fact, but a good morning's ride, and I will be willing and most desirous to contribute all that I have left in me to its interests and under your direction."

CHAPTER XXVI.

Reminiscences of James A. McDougall, James Churchman, Milton S. Latham, Charles H. S. Williams, William Walker, Henry A. Crabbe, Richard H. Daly, William I. Ferguson, and Isaac E. Holmes-Laughable Excesses of McDougall and Williams-Quaint Sayings of Churchman and Daly-A Circus Introduced into a Senatorial Fight-Further References to E. D. Baker, with McDougall's Fine Tribute-Latham's Extraordinary Fortune in Politics-Walker, the Greatest of Filibusters-Crabbe's Fatal Expedition Into Mexico, 1857- Precocity of Ferguson-His Fall in the Duel with Johnston-The "Bugle Song" in memory of Holmes-Many Incidents of Exciting Times.

James A. McDougall was born in Albany county, New York, in November, 1817. He received a grammar school education. He early evidenced a fondness for mathematics and civil engineering. He aided in the survey of the first railroad built in the State of New York-that between Albany and Schenectady. After the completion of that work, he commenced the study of law. Before completing his studies he removed to Illinois, settling in Pike county in 1837. There he was admitted to the bar, and acquired very soon a good practice. In 1842, at the age of twenty-five, he was elected Attorney General of the Prairie State on the Democratic ticket, and at the end of his term was re-elected, serving four years. Small in stature, he had uncommon strength of physical constitution, as well as of mind. He was a brilliant speaker, skillfully wielding the weapons of repartee, humor and sarcasm, and made himself one of the most noted speakers of the West. In Illinois he met a score of men, who, having become prominent in that State, attained, like himself, a greater celebrity in California-among the number, E. D. Baker, William I. Ferguson, Thompson Campbell, Joseph P. Hoge, Samuel M. Wilson, James H. Hardy, John R. McConnell and O. C. Pratt. McDougall and Baker were especially intimate. Often they traveled the circuit together. Perhaps the two men for whom Mc Dougall cherished the highest admiration were Gen. Baker and Stephen A. Douglas. He himself declared that these two men were the nearest to him by the ties of association and friendship, and among the ablest that ever discoursed counsel in the United States Senate. I will soon give some words of McDougall upon Baker, at once scholarly, tender and pathetic, and which aptly illustrate the former's masterly power of expression.

In 1849 McDougall left Illinois to push further West. He had become one of the most popular men of his State. On the stump, or in the forum, his power was universally recognized; his legal services were in constant demand, but the spirit of adventure took firm hold upon him. He made up an expedition, and led it to the headwaters of the Rio del Norte-the purpose

being to explore the country and establish a settlement. Having arrived at his destination, he heard of the discovery of gold in California. Returning east, he took passage with his family on the California, the pioneer steamship for San Francisco. There he at once entered upon the practice of the law. One year after his arrival he was elected Attorney-General of the State. At the close of his term he was elected a member of the lower house of Congress. In that body he chiefly distinguished himself by his advocacy of a Pacific railroad. On this subject he was peculiarly capable of speaking. He spoke as a lawyer, a statesman and a civil engineer. Declining a renomination for Congress, he resumed the practice of law with the late Solomon A. Sharp, in San Francisco. R. H. Lloyd was a clerk and student in the office.

At the outbreak of the war of the Rebellion (1861) General McDougall, by a combination of Republicans and Douglas Democrats was elected a United States Senator. In the senate again he took up his old theme of a Pacific railroad, and, in addition to other arguments, urged the government to build the road as a military necessity. He lived to see the road completed. When his name was presented as a candidate for the senate his partner, Solomon A. Sharp, was his most enthusiastic friend. On one occasion, during the balloting, the situation was such that McDougall's friends deemed an adjournment for one day absolutely necessary. A motion to adjourn over was voted down. Lee & Marshall's circus was then performing at the capital. Mr. Sharp went out and engaged the entire circus for the special entertainment of the legislators. He had the manager send tickets of invitation to every Solon and kept the performance going all the next day and night. It cost Mr. Sharp $1,700, but his purpose was accomplished. Neither branch of the legislature had a quorum, and on the following day his friend was elected.

General McDougall was one of the most brilliant debaters who ever sat in the United States senate. He participated freely in discussion; and when it was known that he would speak, the senate chamber was filled by members of the lower house, foreign ministers being among his auditors, and the galleries crowded. Among the subjects upon which he addressed the senate were the expulsion of Senators Bright and Johnson; emancipation; slavery in the District of Columbia; the establishment of a steam line to China and Japan; the Civil Rights bill; the Freedmen's Bureau; the continental telegraph line; the National Academy; the reconstruction measures, and the sale of liquors in the national capitol building. Perhaps the most polished effort of General McDougall's life was his speech in the senate on the death of his friend Baker, December 11, 1861. In this tribute he richly displayed his great learning, his rare powers of speech, and his stores of classic wealth. I offer a couple of extracts:

"He was too full of stirring life to labor among the mouldy records of dead ages; and had he not been, the wilderness of the west furnished no field for the exercise of mere scholarly accomplishments. I say the late senator was learned. He was skilled in metaphysics, logic and law. He might be called a master of history, and of all the literature of our language. He knew much of music-not only music as it gives pleasure to the ear, but music in the sense in which it was understood by the old seekers after wisdom, who held that in harmonious sounds rested some of the great secrets of the infinite. Poetry he inhaled and expressed. The afflatus called divine breathed about him. Many years since, on the wild plains of the west, in the middle of a starlit night, as we journeyed together, I heard first from him the chant of that noble song, 'The Battle of Ivry."

"He was an orator-not an orator trained to the model of the Greek or Roman school, but one far better suited to our age and people. He was a master of dialectics, and possessed a skill and power in words which would have confounded the rhetoric of Georgias, and demanded of the great master of dialectics himself the use of all his materials of wordy warfare. He was deeply versed in all that belongs to the relations and conduct of all forms of societies, from families to States, and the laws which govern them. He was not a man of authorities, simply because he used authorities only as the rounds whereby to ascend to principles. Having learned much, he was a remarkable master of all he knew, whether it was to analyze, generalize or combine his vast materials. It was true of him, as it is true of most remarkable minds, that he did not always appear to be all he was. The occasion made the measure of the exhibition of his strength. When the occasion challenged the effort, he could discourse as cunningly as the sage of Ithaca, and as wisely as the King of Pylus.

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"It is true cities and kingdoms die, but the eternal thought lives on. Great thought, incorporate with great action, does not die, but lives a universal life, and its power is felt vibrating through all spirit and throughout all ages. I doubt whether or not we should mourn for any of the dead. I am confident that there should be no mourning for those who render themselves up as sacrifices on any great, just and holy cause. better becomes us to praise and dignify them. It was the faith of an ancient people that the souls of heroes did not rest until their great deeds had been hymned by bards to the sound of martial music. Bards worthy of the ancient time have hymned the praise of the great citizen senator and soldier who has left us."

During his senatorial term General McDougall was a strong advocate of war measures, but never acted with the Republican party. His personal influence with Lincoln was very great. The two statesmen had been warm friends in Illinois, had practiced law together, and while opposed in politics, and dissimilar in some cardinal respects, each recognized and paid deference to the other's greatness. At the close of his service in the senate General McDougall visited his native county of Albany, intending to pass a few months in rest and retirement before returning to California. There he died at Albany, September 30, 1867, a little less than fifty years of age.

Among the prominent causes which engaged General McDougall in San Francisco was the case of Cora, who killed General Richardson, United States Marshal, and the Baker divorce case. In the Cora case he was associated. with General Baker. He and Baker frequently tried cases together. It was interesting to see how they would draw toward each other in a great ause.

Each seemed to add to the other's strength and appreciated the other's talents. McDougall would always open and Baker close the argument.

The Baker divorce case, one of the most interesting in all the reports, may be found in the 13th Cal., page 87. The husband was the plaintiff. At the end of four months after the marriage his wife gave birth to a fully developed child. He returned her to her relatives and sued for divorce on the ground of fraud. McDougall was his counsel. He failed in the lower court, but appealed, and the Supreme Court directed the court below to decree a divorce. Judge Field, in an elaborate opinion, Judge Baldwin concurring, declared that the defendant had been guilty of fraud, which went to the substance of the marriage contract, and vitiated it from the beginning.

General McDougall's briefs were models in style and arrangement, and revealed the thoroughly trained and informed lawyer. He was subtle, logical and profound, and looked upon a subject from every stand- point possible. In speaking he challenged attention, not by voice or gesture or by any arts of oratory, but by his thoughtful, vigorous and polished sentences; while "his look drew audience and attention still as night." He was very lucid in expression, of pleasing address, and would sometimes speak for hours to the uninterrupted delight of court or jury. He was pre-eminently a thoughtful, studious man. He was open and frank in manner, full of fun yet very dignified. No man had more pride of character or more pride in his profession.

It must be stated that his death at a comparatively early age was hastened by indulgence in the bowl-a vice which closed the lives of the most brilliant of my subjects. He maintained his dignity of manner even in his revels, and in conversation at all times was one of the most engaging of men. His extensive learning was continually conspicuous, and statesmen and diplomats bowed to his imperial intellect.

The Senator's excesses in Washington furnished some first class sensations. He prided himself on his "westernisms" in dress and manner. He was sometimes seen on the street at night wearing a Scotch cap. Once he rode a mustang at a breakneck speed along a leading thoroughfare of the capital, wearing spurs, a Mexican sombrero, and armed like a vaquero of the plains. He entered the senate, it is said, once with his spurs on. On one occasion, it is also told of him, he rambled off to a little village, and, suddenly concluding to take a certain train at a depot a few miles distant, he endeavored to secure a carriage, but none being available he hired a hearse and lying down inside, had it driven to the depot. Before it was reached, the driver stopped at a wayside place to indulge in the General's favorite beverage. As he was about to mount his seat again, the General, who intuitively took in the whole situation, exclaimed: "The corpse is dry, too." The "corpse" was refreshed.