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laughter of his own. Herein, he closely resembled his distinguished fatherin-law, Judge Joseph G. Baldwin. Baldwin was full of fun, and laughed uproariously at his own jokes. Baldwin and Felton never impaired the effect by their turbulent enjoyment of their own sayings. Their laughter seemed to follow naturally, and it was as refreshing to hear it as the wit that evoked it. It convulsed all who heard it. Of course Felton was intimate with Shakespeare. J. F. Bowman (who died in 1884), once entertained the members of the Bohemian Club with a disquisition on the authorship of the Shakespeare plays. Felton heard of it and asked Bowman if there was really any basis for the claim that Bacon was the true author. He was assured that there was a good deal to be said in favor of the Baconian theory. Felton and Bowman oystered together that night, and Felton listened with great interest to Bowman's recapitulation. In the discussion that ensued, Felton astonished Bowman by his thorough Shakespearean scholarship. He spoke with enthusiasm, and Bowman wondered if his friend had not made Shakespeare the special study of his life.

The profession, and the people heard with genuine sorrow of the death of this unselfish spirit, this master of the law. In the Supreme Court, Mr. Pringle, his old college mate, friend and partner, and his ardent admirer, Clark Churchill, since Attorney-General of Arizona, paid tender tribute to his memory. Eminent counsel made appropriate remarks in all the courts, and the judges responded with feeling. The bar memorial, addressed to the courts a classical production-was from the prolific pen of Joseph W. Winans. I doubt if Mr. Winans ever wrote anything finer than this, of which I offer two extracts.

"To the profession of his choice he consecrated the supremest labors of his life. With him the law was no narrow system, fettered by precedent and cramped by forms, but a broad, comprehensive science, devised by the highest wisdom, for the proper direction and government of man in all the relations of society and State. Imbued with such a conception of its dignity and objects, he was singularly successful, through the soundness of his reasoning, the persuasion of his address, and the resistless power of his logic, in eliminating and bringing into practical enforcement those great principles of truth and right which constitute the theory of jurisprudence. It was the aim of his mental effort to convince the understanding, rather than inflame the passions. Possessing a faculty for accumulation almost unexampled in the practice of the law, he made no idol of his acquisitions, but what his toil had won his liberality dispensed with lavish hand. In his munificence he was a prodigal; in his hospitality, a prince.

"His life, though blasted in its prime, was fruitful of achievement, and his memory is fragrant with reminiscences of noble words and manly deeds. Contemplated as a patron of the arts and sciences, a promoter of public and private enterprises, and a philanthropist, he was in each capacity alike conspicuous; and severely will be felt the absence of that stimulating hand."

Of Felton, let me recall last what I love to recall best-his own noble utterance in closing the oration at the dedication of the Mercantile Library building, at San Francisco, June 18, 1868:

"And now," he said, "I dedicate this temple to the true mercantile spirit-to the spirit of true honesty, which, rejecting the letter of the written contract, looks to its spirit; which, disdaining all deceit, all mean and petty advantages, takes the just for its rule and guide; to the spirit of true equality, which, stripping off from man all accidental circumstances, respects and reverences him according to his merit; to the spirit of enterprise, whose field is the earth, the air, the sea, the sky, and all that in them is; to the spirit of munificence, that never tires in lavishing its treasures on all good objects, on the scientific expedition, on the library, the University, on the cause of religion, and on the soldier battling for the right; to the spirit of loyalty, that submits calmly and patiently to that great bond which holds society togetherthe law-which aims to reform, but never to resist or overthrow; to the spirit of patriotism, which follows with affection, pride, and devotion the daring mark of our country's flag; and to the spirit which worships God. "

CHAPTER IV.

Joseph P. Hoge-Sage of his Party and Nestor of the Bar-His Record in Congress-A Colleague of Stephen A. Douglas and E. D. Baker-The Oregon Question-The Wilmot Proviso-The Galena Lead Mines-At the Bar in Three States-Humorous Notes-A Long Prosperity and a Green Old Age.

It would seem to imply a lack of respect to refer to this venerated Nestor of the San Francisco Bar as plain Mr. Hoge! But such he is, and no more. He is no Colonel at all, except by courtesy. He never had his "baptism of fire," as Napoleon III. styled it, or, to use the heroic speech of Caleb Cushing, he was never immersed in "the red baptism of the battlefield;"' nor was he in the militia, even. "I tell you it is a great thing," said the versatile William H. Barnes (not William H. L. B.), in one of his capital temperance talks, "I tell you it is a great thing to be able to do something for your fellow man." It is very true. And the man who can make a Colonel, or a General, or a Governor of another by his own simple fiat, has not lived in vain. When the late Benjamin F. Washington, once collector of this port, and for so many years editor of the Examiner, arrived at Sacramento in 1850, after a weary tramp across the continent, as soon as he had washed himself and put on a clean shirt, he was ushered by General A. M. Winn (who later founded the order "Native Sons of the Golden West") into a little circle of pioneer upper tendom, where some half dozen ladies were trying to accommodate ten times as many gentlemen in the labyrinths of the dance. "Ladies and gentlemen," said the General, let me introduce Colonel Washington, of Virginia." "That's the way I became Colonel," the Colonel told me in 1870. When Judge George W. Tyler concluded to make "General" Cobb he only spake the word, and it was done. I refer not to H. A. Cobb, the militia General, who, by the way, had his birth in the Azores Islands, but to Moses Gill Cobb, of Boston. Judge Tyler and M. G. Cobb were about forming a law partnership in Stockton. The former had been County Judge of San Joaquin, and having a title, determined that his partner should, for the sake of the firm, enjoy a like dignity. So he introduced him to all Stockton during the first week after his arrival as "my partner, General Cobb, gentlemen." "Yes, I made him a General," said the Judge to me in 1874.

After this fashion did Joseph Pendleton Hoge become a "Colonel," and his military creator was a Galena editor, who did the business about 1840. It seems that plain "Mr." is too common a title for a man of fame, even in a Republican-Democratic country. The tendency is to distinguish by some higher style those who have won our special regard. So it is generally accepted all over the Pacific slope that if J. P. Hoge is not a Colonel he ought to be. It seems entirely out of place to say "Mr." to him, or of him. No Judge on any bench would address the Colonel thus. Imagine Chief Justice Searls saying in open court, "Mr. Hoge, will you state that proposition again!"

Colonel Hoge is a native of the great State which has become a new mother of statesmen, and which has been doing so much for the country of late years in the way of supplying it with officeholders. He was born seventysix years ago, according to our Great Register. He studied law and was admitted to the bar also in Ohio. He received what is called a classical education, graduating from Jefferson College, Pennsylvania. When he was about thirty years old he removed to the Prairie State, settling at Galena and there entering on his profession. He soon became popular and moderately prosperous. An inborn love of politics was his, which has ever since asserted itself, but which was never so strong as to require medical treatment. He has not been "discharged cured," becaused he has not needed curing. He has always desired to be United States Senator, but has never set his heart upon it.

The Colonel had not been long in Galena when the Democracy sent him to the Twenty-eighth Congress. In the campaign which preceded his election he made many brilliant stump speeches, and took his place among party leaders of the great West. At Washington his was a prominent figure, and he was returned to the Twenty-ninth Congress. His political period was 1843-47, and in the House of Representatives, during his four years of service were these eminent men: Hannibal Hamlin, Robert C. Winthrop, John Quincy Adams, John P. Hale, Hamilton Fish, Washington Hunt, Henry A. Wise, R. Barnwell Rhett, Howell Cobb, Alexander H. Stephens, Lynn Boyd (once Speaker), John W. Jones (once Speaker), Garrett Davis, Andrew Johnson, Cave Johnson, John B. Weller, Robert C. Schenck, Joshua R. Giddings, John Slidell, Robert Dale Owen, Thomas J. Henley (since prominent in California and father of the brilliant advocate, Barclay Henley), John A. McClernand, John Wentworth, Stephen A. Douglas, Jacob Thompson,. David Wilmot, E. D. Baker, John A. Dix, Beverly Johnson; while in the Senate during the same period were: Levi Woodbury, Silas Wright, W. L. Dayton, Rufus Choate, James Buchanan, Wm. C. Rives, John J. Crittenden, Thos. H. Benton, Robert J. Walker, John C. Calhoun, Thos. Corwin and Lewis Cass.

The Congressional Globe discloses that on March 26, 1844, Col. Hoge presented the petition of L. W. Guiteau and fifty-six others, citizens of Stephenson county, Illinois, praying Congress to make appropriations for the immediate improvement of the Missouri and Upper Mississippi Rivers. The chief petitioner was the father of him who was destined to be President Garfield's assassin. On April 3, 1844, he spoke in favor of the bill introduced by him March 6, 1844, directing the sale by the government, of the reserved lead mines of Illinois, Missouri, Iowa and Wisconsin. In this debate he had a tilt with Cave Johnson, of Tennessee, afterwards Postmaster General under President Polk. He alluded to Johnson as "the Cerberus of the Treasury," when Cerberus turned upon him and charged him with indulging in ridicule and personalities, which he promptly disclaimed. Johnson "expressed his satisfaction at the explanation of the gentleman," but wanted to know what the gentleman meant by calling him the Cerberus of the Treasury. He continued that he had always gone as far as any man in liberality to settlers. If he had his way, he would not sell an acre of the public domain, but give the soil to those who settled upon it in good faith. He opposed the pending bill because he wanted to keep the lands out of the hands of speculators. He desired to see some other plan adopted for their disposition.

Col. Hoge did not reply. The bill was defeated, but on reconsideration was amended so as to make the minimum price of the lands five dollars per acre, and as thus amended passed the House by 92 to 71. But in the Senate, being referred to the Committee on Public Lands, it was there smothered.

On December 10, 1844, Colonel Hoge introduced another bill, directing the President of the United States to cause the reserved lead mines of Illinois, Iowa and Wisconsin to be exposed to sale. The bill was referred to the Committee on Public Lands. This bill shared the fate of its predecessor.

Another amendment Colonel Hoge spoke at

At the first session of the Twenty-ninth Congress, Dec. 19, 1845, Colonel Hoge introduced a similar bill, which was referred to the Committee on Public Lands. When the bill came up, June 1, 1846, an amendment making the minimum price ten dollars was offered and rejected, making the minimum five dollars was then offered. length against the amendment. He said the settlers could not pay so much, and declared that the lands were chiefly valuable for agricultural purposes. On June 9, 1846, the bill was passed in the House with the five dollar amendment. It went to the Senate, and came back with another and longer amendment, and the House amended it further and finally passed it, in a shape obnoxious to those who favored the original bill.

On January 30, 1846, Colonel Hoge made a powerful and brilliant speech. in the House of Representatives, on "The Oregon Question," which so long agitated Congress and the country. He took strong ground in favor of "Fiftyfour Forty, or Fight." "I do not like," he said, "the patriotism which

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