counts the costs, which turns pale and trembles at the consequences; which hesitates, falters and doubts when great national questions are to be decided, when great national interests are at stake." The question was on the resolution of Stephen A. Douglas, Colonel Hoge's colleague, declaring that a title to any part of the Oregon Territory south of 54 deg. 40 min. of north latitude is not open to compromise so as to surrender any part of said Territory. E. D. Baker, another colleague of Colonel Hoge's, although a Whig and Englishborn, came out bold and brilliant for "Fifty-four Forty, or Fight."

Colonel Hoge's speech, just alluded to, occupied fourteen columns of the Congressional Globe.

As everybody knows, we did not get Fifty-four Forty, and we did not fight. The country decreed a change of administration, calling to power a great party, one of whose rallying cries was, "Fifty-four Forty, or Fight;" yet the President of its choice (I do not say it in criticism or censure) suggested to the British government a settlement upon the forty-ninth parallel as the dividing line. It is said that Mr. Buchanan, Mr. Polk's Secretary of State, felt bound to make this offer, because it had been made by Mr. Tyler before him. It was declined by Mr. Packenham, the British representative, whereupon Mr. Buchanan withdrew the offer, setting forth in a fine state paper the justice of the claim of the United States to the whole of the northwest Territory. Subsequently, the British government expressed its readiness to accept the forty-ninth parallel as the dividing line, if the offer of settlement were so modified as to secure to Great Britian the whole of Vancouver Island. This it announced as its ultimatum. President Polk submitted this proposition to the United States Senate, which advised its acceptance, and it was accepted. In June, 1846, a treaty was signed between the two governments, declaring the forty-ninth parallel to be the dividing line. And thus was surrendered the country's claim to a vast region which it had, with loud acclaim, declared its readiness to fight for; an area as great in extent from north to south as that of the State of Oregon added to one-half of Washington Territory.

The famous "Wilmot Proviso" came before Congress while Colonel Hoge was a member of the lower House, and he voted for it. He has been censured therefor by many of his party. Owing to the subsequent events it has been a very long while since his vote on this measure has been criticised however. The "Wilmot Proviso" was one of the entering wedges which split the old Democratic party in two. On August 8, 1848, while the House was considering the bill to place $3,000,000 in the hands of President Polk, to negotiate a peace with Mexico, Mr. David Wilmot, of Pennsylvania, a Democrat, but a Free Soiler, offered his celebrated amendment: "provided, that, as an express and fundamental condition to the acquisition of any territory from the Republic of Mexico by the United States, by virtue of any

treaty which may be negotiated between them, and to the use by the executive of the moneys herein appropriated, neither slavery nor involuntary servitude shall ever exist in any part of said territory, except for crime, whereof the party shall first be duly convicted." This was adopted in the House by a good majority, every Northern man voting for it, except two of Colonel Hoge's colleagues, Stephen A. Douglas and Jno. A. McClernand. It was being debated in the Senate when the hour arrived for the final adjournment of the session. When Congress next met, Mr. Wilmot again offered his proposition, and, after a long and heated struggle, which spread excitement and alarm throughout the country, the House again adopted it, and again it went to the Senate.

The Senate now struck out the Wilmot Proviso from the $3,000,000 bill just mentioned and sent the bill back to the House. The House, in Committee of the Whole, March 3, 1847, again tacked on the proviso by a vote of 90 to 80. But, strange to say, right afterwards, in the House, after the report of the Committee of the Whole, the previous question being ordered, and recruits summoned, the proviso was defeated by 102 to 97. Colonel Hoge did not vote on this motion. Mr. Wilmot then moved to lay the bill on the table. This was negatived-ayes 87, noes 114. then passed without the Wilmot proviso-ayes 115, noes 81, Hoge voting with the Free Soilers in the negative. Allen G. Thurman, of Ohio, Democrat, voted for the Free Soil proviso in Committee of the Whole and in the House, but when the House rejected it he voted for the Three Million bill, with the proviso left off.

It is a curious fact that, while Colonel Hoge, who has through thick and thin, steadfastly to date preserved his allegiance to the Democratic party, voted for this celebrated proposition, it was yet opposed by Stephen A. Douglas, General John A. McClernand and even Daniel Webster.

At the close of the second session of the Twenty-ninth Congress, in 1846, Colonel Hoge resumed law practice at Galena. He had kept his office open while in public life, and during his second term in Congress had formed a partnership with Mr. Samuel M. Wilson, who removed from Ohio to take charge of his business. The firm of Hoge and Wilson practiced in Galena until 1853, when the two partners came to San Francisco in company and continued their business association here until 1864, when they "parted friends," always to remain such.

Colonel Hoge's life in California has been a very active one, politically and professionally. He has been conspicuous in State conventions, and was Mr. Casserly's chief opponent when that gentleman was elected to the United States Senate in 1869. He is the acknowledged sage of his party. He was President of the Constitutional Convention of 1878, and also pre

sided over the body of Fifteen Freeholders of San Francisco, which prepared the defeated charter of 1879.

In his profession the Colonel has been eminently successful, having amassed a fortune of $100,000. In 1880 I found by consulting the Supreme Court reports, that, either by himself or in connection with his long-time partner, S. M. Wilson, he had appeared in the Supreme Court of this State oftener than any other member of the bar, with four exceptions.

In arguing a cause, Colonel Hoge is always animated, his countenance full of expression and his eyes full of speech. His ideas are expressed with wonderful clearness. He argues a law question like a master. Bench and bar go to him for instruction. He is restive, however, in argument. doesn't like to be interrupted by counsel or even by the court.

He

. In the matter of business location, this veteran has shown rare conservatism: he still looks out to the south and west from the same sunny offices in Montgomery Block where he has prepared his briefs for thirty-four years! In personal appearance he is striking. Only his gray hairs tell of his age. He is very lively in his movements. So also, his conversation is vivacious, and readily turns into a channel of play. Considering his age, his alertness of mind and body are remarkable.

I must tell a story of the Colonel before I part with him. If it is not true, it is yet perfectly harmless, and I get it from a warm admirer of his. The Colonel, ever since his arrival in California, and for some years previous thereto, has been distinguished for his habitual neatness of dress and his absolute purity of linen. It was not always thus, they say. During the first years of his practice among the rough miners of Galena, he is represented to have been very loose and careless in this respect. It chanced that, about the year 1843, he visited Philadelphia, where he heard a legal argument by that advocate of national renown, David Paul Brown. Brown was very graceful and impressive in his delivery, and always studiously faultless in his attire. Some friends who had accompanied Colonel Hoge into court asked him, as they left the chamber, what he thought of the great lawyer's effort. The Colonel replied that he could make a better speech himself. There seemed to be something on his mind, but he said nothing more. Upon his return to Galena a striking change was observed in his exterior, and ever since then he has been one of the best dressed of men.

I will close this chapter with an incident which illustrates the Colonel's love of fun :

In the Supreme Court, in December, 1876, while an argument was being addressed to the bench, Colonel Hoge, Judge Cope, and another leading lawyer were carrying on a conversation in a subdued tone, but not subdued enough, and Chief Justice William T. Wallace concluded to subdue it altogether. Not caring to openly rebuke such eminent counsel, one of whom

had once occupied a seat on that very bench, the Chief Justice beckoned to the bailiff and whispered something in the ear of that functionary, who then softly approached the talking trio, and in his turn whispered to each: "Judge Wallace says stop talking." Colonel Hoge, who was the last to hear the gentle command, straightened up in his chair, motioned the bailiff back and said to him, in a tone just loud enough to be heard by his fellow culprits : "You tell Chief Justice Wallace to The bailiff reddened up, glanced hastily at the Chief Justice, then, with a bewildered expression, moved to his regular station. There, for some time, he seemed lost in deep thought. Suddenly he brightened, and turned his eyes toward Colonel Hoge, with a look which plainly said: "May be you think I won't tell Judge Wallace?" Did he? I never heard ; but I hope he didn't.

CHAPTER V.

Samuel M. Wilson-Association With Joseph P. Hoge in Illinois and California-A Broad Practice and Princely Revenue-The Broderick Will Case-The Nitro-Glycerine Explosion, 1866-The Mining Debris Litigation-A Striking Instance of the Law's DelayThe Conflict Between State and United States Land Patents-A Seat on the Supreme Bench Declined-Meeting the Giants of the Eastern Bar.

As I turn to this bar leader, an observation of Prof. Max Muller recurs. It was in the address on Freedom before the Birmingham and Midland Institute, October 20, 1879: "If there is one among the leaders of English thought, who, by the elevation of his character and the calm composure of his mind, deserved the often misplaced title of 'Serene Highness,' it was, I think, John Stuart Mill." If there is one among the leaders of this bar, who, by the elevation of his character and the calm composure of his mind, deserves this title, it is Samuel Mountford Wilson. In him we behold no meteor of brief career, speeding along its dazzling track, but an orb of massive momentum, pursuing with stately motion an orbit well defined. Happily, as Starr King once said of the sun, "he has no French ambition for display." In him we see character,

"Constant as the northern star,

Of whose true, fixed and resting quality

There is no fellow in the firmament."

This gentleman was born in Steubenville, Ohio. When he placed his name on the San Francisco great register, June 2, 1866, he gave his age as 42 years-making him 63 in 1887. When he was four years old his father died. He attended Grove Academy a few years, but never received a college diploma, being compelled to maintain himself from the time he had the physical strength to do so. He read law in the office of General Samuel Stokely, a member of Congress from Ohio, pursuing Latin and other studies at the same time. After his admission he practiced at the bar in Steubenville a short time, when Colonel J. P. Hoge, who had a good law practice in Galena, Illinois, and who was then in Congress, invited him to Galena and offered him a partnership, which he accepted. This was in 1845. Colonel Hoge was thirteen years older than Mr. Wilson. They had known each other well in Ohio, where Colonel Hoge was also born, and where the Colonel's sister and Mr. Wilson's brother intermarried. While at Galena the District Attorney of the county resigned and Mr. Wilson was