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Have you

heard the tale they tell of the swan,
The snow-white bird of the lake?

It noiselessly floats on the silvery wave,
It silently sits in the brake.

It saves its song to the end of life,

And then, in the soft still even,

'Mid the golden light of the setting sun

It sings as it soars into heaven!

And the blessed notes fall back from the skies

'Tis its only song, and in singing, it dies!

True it was, the Know-nothings were dying in song.

When the Democratic party split in two, Ferguson sided with Douglas. He made a powerful speech in vindication of the latter in the State senate. This was the great speech of his life, and was reported fully for the old Union newspaper. It is very severe upon what he called "the Lecompton iniquity."

In September, 1858, Ferguson, while on a visit to San Francisco, became involved in a personal dispute with Hon. George Pen Johnson, who challenged him to mortal combat. They fought on Angel Island, and at the third fire Ferguson was hit in the hip and fell. Dr. A. F. Sawyer and other able physicians and surgeons attended him. He was advised that his leg must be amputated. His answer was that he would not lose his leg for the State of California. When the doctors saw the crisis was at hand, they put him under the influence of chloroform and removed the leg. He never rallied, dying at the Union Hotel, now the south part of the old City Hall, about two weeks after receiving his wound. His sportive spirit had displayed itself even on the field of encounter. He was not accustomed to arms. At the third exchange of shots he fired before his adversary. Seeing that he had miscarried, he braced himself up. "I'm a gone community," he said; and a second later the shot struck him.

It was my good fortune after patient search many years ago, to find and rescue from limbo, in an artist's closet, the only portrait of Ferguson in this State.

I have written more of this lovable but wandering spirit in the REPRESENTATIVE MEN, (1870). There may be found in full Baker's moving words over the fallen and reckless brave, who loved fame as ardently as Baker himself. There, too, is Rev. Dr. Benton's discourse delivered at Ferguson's burial, a production scholarly, thoughtful and very affecting.

ISAAC E. HOLMES was one of the most interesting characters that ever adorned the legal profession in any country. He brought to California a national fame. A native of South Carolina, he graduated from Yale College,

and studied law with Daniel Lord. Having thoroughly equipped himself for the bar, he commenced the practice in Charleston, South Carolina. A most forcible and eloquent speaker, his splendid gifts of oratory, added to his great learning, made him prominent in politics at an early age. He represented his native State in the lower house of Congress for six consecutive terms. The old Congressional Record reveals his power of expression and his brilliancy in debate. He was exceedingly popular with his fellow members; and in political and social circles in Washington. Some specimens of his eloquence are to be found in Williston's "Eloquence of the United States."

Holmes came to California in 1851, leaving his family in South Carolina. He quickly attained a leading position at the bar, the famous Argenti case being the most noteworthy of the many with which he was connected. For some years he boarded with Thos. W. Freelon, John B. Felton and other genial legal spirits at Madam Parrain's celebrated private boarding house on Clay street, near Powell, where the table was constantly kept "on a roar" by his animated and sparkling talk. His literary taste was superb-absolutely exquisite. He was impulsive, excitable, yet peculiarly gentle, and companionable. Of course, the circle of his friends was very large. He was especially accomplished in English and Latin literature. His conduct of causes showed very keen powers of observation, and occasionally he would turn aside from stern argument and indulge in the most melting pathos. An eloquent speech or a tender poem would powerfully move him. Freelon read to him Webster's oration on Greek Independence, he betrayed violent emotion. When the Judge, at another time, in one of their delightful chats, recited Tennyson's "Bugle Song," he shed tears.

He was a money-making man, but an improvident one. He was constantly speculating. He had little business sagacity, yet made and lost several fortunes. When his family rejoined him, consisting of his wife and an adopted daughter, he bought a place in Alameda county, and lived there some years. At one time he bought an interest in a flour mill, which he exchanged for the since well known Piedmont Springs property. At the outbreak of the war of the Rebellion, he returned with his family to the East, with the firm conviction that his great influence in his native State, as well as in Washington circles, could be effectively exerted in the interest of peace. He labored faithfully to this end. but, of course, to no purpose. He died in Charleston, South Carolina, in 1864. He had left his power of attorney with William Blanding. After his death, Captain Blanding sold the Piedmont property for $30,000, which sum, in addition to other real estate which he had left in California, placed his family above the reach of want. His memory is delightful as song; let it blend with the meiody that so masterfully moved his soul:

"THE BUGLE SONG."

The splendor falls on castle walls
And snowy summits old in story;
The long light shakes across the lakes
And the wild cataract leaps in glory.
Blow, bugle, blow, set the wild echoes flying:
Blow, bugle; answer, echoes, dying, dying, dying.

O hark, O hear! how thin and clear,
And thinner, clearer, farther going!

O, sweet and far, from cliff and scar,

The horns of Elfland faintly blowing!

Blow, let us hear the purple glens replying:

Blow, bugle; answer, echoes, dying, dying, dying.

O, love, they die in yon rich sky,

They faint on hill or field or river,

Our echoes roll from soul to soul,

And grow forever and forever.

Blow, bugle, blow, set the wild echoes flying,

And answer, echoes; answer, dying, dying, dying.

CHAPTER XXVII.

William H. L. Barnes-The Most Versatile of our Lawyers-A Picturesque CareerParentage and Education-Relations With Charles O'Conor and Joseph H. Choate of New York-Association With Eugene Casserly in San Francisco-Selling The Mercantile Library-Before The Footlights-Writes A Play-Some of His Great Cases At the BarKnighted By the King of Sweden-Nautical Knowledgc-“A Trip in a Government Ship" With Queen Emma-At the Head of our Military-A Condensed But Very Entertaining Chapter.

"Fellow Citizens: I have the pleasure of presenting to you a gentleman who needs no introduction to a San Francisco audience."

This stereotyped formula, adopted by the average chairman of San Francisco mass meetings, comes strongly to mind as Gen. William H. L. Barnes appears for notice. He has been very long not only a shining light at this bar, but, outside of his professional duties, he has shaken hands with the public and addressed them familiarly, on numberless occasions and in manifold capacities.

General Barnes was born at West Point, New York, February 11, 1836, his father, James Barnes, an officer in the regular army, being at that time stationed at that place. In 1840, James Barnes resigned from the army and entered upon an active business of railroad construction—as engineer of some of the longest routes of travel in the United States. For several years he was employed in Russia as consulting engineer of railroads between St. Petersburg and Moscow. At the outbreak of the American rebellion, he returned to volunteer service, was commissioned Major General of volunteers and served throughout the war in the army of the Potomac. In 1868 he died, of wounds received at Fredericksburg and Gettysburg.

William H. L. Barnes was educated at Vale College, in the class of 1855. He studied law in Springfield, Massachusetts, with Hon. Reuben A. Chapman, one of the most distinguished lawyers of that State, who afterward became Chief Justice of the Massachusetts Supreme Court. Before completing his legal studies he removed to New York City, where he entered the office of Charles O'Conor as managing clerk, remaining in that position and continuing his studies for four years. At that time there was in the corresponding place in the office of William M. Evarts, a young man who has since become a bar leader in the great metropolis; one who has proved himself well grounded in the science; a most happy, fluent and witty speaker, and who has long been the brightest light of the "New England Society in the City of New York" He has been President of that association for several terms and at the annual dinners, which are grand affairs, his manner is the most inviting, his presence the most welcome, his soul the most genial, his tongue the most

eloquent of all around the festive board. Judging from what I have heard of him, and from his forensic and social speeches, many of which I have gathered and preserved, he must be one of the most talented as well as one of the most charming of men. I refer to Joseph H. Choate. I refer to Joseph H. Choate. William H. L. Barnes and Joseph H. Choate made up their minds at the same time to commence practice for themselves. They formed a partnership, which had continued only a short time when the war broke out, and Mr. Barnes went into the army. He was on General Fitz-John Porter's staff. Contracting sickness in the field, he left the service and came to California. This was in April, 1863. He had no idea of remaining here, his object being to regain his health; but, bringing a letter from Charles O'Conor to the Hon. Eugene Casserly, he was invited by the latter to a business connection, which, being pleased with the city and country, he concluded to accept. In August, 1863, commmenced his partnership with Mr. Casserly, which, although the two gentlemen were radically dissimilar in almost every respect, lasted until Mr. Casserly's election to the United States Senate in 1869.

Mr. Barnes was strongly opposed to Mr. Casserly in politics, but under the impulse of friendship he gave his partner a warm personal support. It was a hard fight between Mr. Casserly and Colonel Hoge, the latter being a recognized leader of the Democracy, and enjoying the unqualified respect and admiration of his whole party. But there was more personal effort executed on the side of Mr. Casserly, and Mr. Barnes made his influence felt in behalf of the victor. He visited Sacramento and remained until the struggle was over; and at the jollification meeting which followed, he appeared and made a speech. It was not long, however, before his Republican friends forgave him, recognizing that he was actuated solely by motives of personal regard. His party never fails to call for his services in every campaign, and he promptly responds.

Since Mr. Casserly's election to the Senate, General Barnes has had no partner, if we except a few months' nominal partnership with Mr. H. P. Bowie.

To return to the time of his entry upon the practice at this bar, it may be said that General Barnes quickly obtained recognition from the profession and the public as an accomplished advocate. His manly presence, polished address, quickness of perception, diligence in business and excellent knowledge of the law, won him speedily many valuable friends and clients, and placed him abreast of his ablest brothers. He is gifted with rare powers of conversation. Being a willing talker, his wealth of speech and his stores of information are constantly exhibited, his talk being sprightly and engaging, always sensible, and usually flavored with the genuine extract of mirth. He is the most versatile man I know-he is scholar, linguist, actor, author, artist,

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