WILLIAM I. FERGUSON.

BY THE EDITOR

HE history of political parties in California is illustrated with the genius of brilliant and ambitious minds from every section of the American Union: and of these it is noteworthy that a large and disproportionate number, prior to their advent in California, exercised a conspicuous leadership in public affairs in Illinois. Baker, McDougall, Ferguson, Campbell, Hoge, Hardy, Pratt these are but a few of the ardent spirits sent forth by the Prairie State to the shores of the Pacific, endowed with the charms of oratory, strengthened by enlightened experience, and learned in the science of law.

William I. Ferguson was born May 9th, 1825, at Monongahela City, Pennsylvania, the native State of his father and mother. His grand-parents came to the United States from Ireland. His father, Benjamin F., was a carpenter and builder. William was the oldest of six children. When he was ten years of age, his parents removed to Springfield, Illinois, where his father died, and where his mother, sisters, and two brothers, now reside.

William received a common-school education. After leaving school, he clerked for a short time in a store; then, having determined to prepare himself for the bar, he applied himself closely for some years to the study

of law in the offices of Judge Logan, Col. E. D. Baker, and other prominent lawyers of Springfield. He received his license to practice before he attained his majority, and soon obtained a good business. Politics, as well as law, had a charm for him. When he was a very young man, he became noted as an eloquent and forcible speaker. He had been raised a Whig, but, on becoming a voter, espoused the Democratic cause. He was several times elected city attorney of Springfield, and his name was placed on the Democratic electoral ticket in the presidential election of 1848, he then being only twentythree years of age. In 1850 he was a candidate for the State Legislature, and ran far ahead of his ticket; but was defeated, there being at that time a very large Whig majority in his district.

The editor has received the following reminiscences of Mr. Ferguson, from Mr. W. H. Herndon, a leading lawyer of Springfield, formerly a law partner of President Lincoln. Mr. Herndon wrote his narrative hastily, intending only to furnish data for this sketch, without expecting that his language would be adopted by the editor:

OSCAR T. SHUCK, Esq.,

San Francisco, Cal.

SPRINGFIELD, Ill., March 20th, 1869.

DEAR SIR: I knew Hon. William I. Ferguson as early as 1836, when he was going to school. I sold his father Gillies' Greece for William to read. He read it well and with admiration, and was enthusiastic over its contents. He was fond of good history. About the year 1835, '6, or '7, I was president of a young men's debating society in Springfield, Illinois Ferguson joined it, and he soon assumed a leadership in it. He was a number-one talker in the society. He generally studied his subject well, would converse with older heads, read books and papers, and thus became well informed on the subject under debate. He admired conversation more than reading. He would absorb all that was said; would assimilate it, digest and use it. I do not think he loved mathematics at school; but grammar and rhetoric were favorite studies. He was a close reader of Byron, Shakspeare, and Milton. William was an openhearted, spontaneous young man; would go to any lengths for a friend, even when a mere lad. He did not love to fight with boys; had too much good-will and sense. About the year 1837 or 1838, he was a clerk in a store in Springfield, owned by Bell & Speed, where he remained about one year. This occupation was decidedly

distasteful to him; his active brain and impulsive nature yearned for nobler employments. His father then put him to learn the carpenter's trade, but the boy was still unsatisfied. When pushing the jack-plane at his trade, he embraced every leisure moment to creep down into the shavings and read history or poetry. About this time, his friends thought he must die with the consumption. However, by keeping in the open air, and taking much physical exercise, he got well. In the year 1842, he went into the law office of Hon. S. T. Logan of Springfield; he received his license in 1843. He and Hon. David Logan, now of Oregon, son of Hon. S. T. Logan, read law at the same time and place. They were boys of much promise, because they had by nature large minds, and were studious, determined, and patient. Ferguson, upon being admitted, went into an extensive practice at once. He was social and beloved. He knew how to attract and tie men to him. He was more of a thinker than a reader; was a great absorber of what was said in conversation. He soon came to be the first criminal lawyer at the Sangamon bar, among such men as Lincoln, Logan, Baker, McDougal, Bledsoe, Stuart, and others. I have watched the young man in a hard case with admiration: he was calm and self-possessed, knowing his case thoroughly. His leading characteristic, in mind, was his quick, excellent judgment. His reason was no better than that of a thousand other men. His intuitive judgments were admirable, keen, correct, and quick as lightning. He told what the law was when hearing it discussed, even before it was decided by the Court. He caught hints how to manage his case by closely watching the ideas of opposing attorneys. Ferguson intuitively knew that the opposite attorney's side was antagonistic to his. Hence he never was at a loss to know how to manage a case, for a defendant especially.

Mr. Ferguson was chosen in this city on the Fourth of July, 1840, to be the orator of the day, over such men as Lincoln, Logan, and others. His oration was truly eloquent: it was finely, grandly eloquent. He gained great honor on that occasion. I forgot to say that one of William's habits was to read aloud, and walk the room, when so doing, backwards and forwards: he loved to read orations— Greek, Roman, English, and American. He was when about say from sixteen to twenty-two, always repeating them: he would go into the deep woods and there speak to a tree, or to me as well as others of his friends. In politics he was raised a Whig: he turned Democrat about 1844.

On one occasion he and I were going to court in Christian county. Hon. David Davis was judge of what may be called the Sangamon District or Circuit. On the road we heard that Judge Davis was too ill to attend Court. "Hush," said young Ferguson, "and we'll have some fun: we'll tell the people that we are authorized to hold Court for Judge Davis." So we rode to the county seat, and after breakfast in the morning Ferguson had Court open, as appeared to the crowd, in a legitimate way. The Sheriff knew no better, nor did the clerk, nor the lawyers. I kept still-said nothing. One lawyer made a motion, and during the time it was being argued,

some one behaved rather badly. Young Ferguson said: "Mr. Clerk, fine Mr. one dollar for contempt of Court, in making too much noise and for keeping his hat on in the court-room." The man walked up; paid his fine with some grumbling. Two or three fines in addition were thus imposed. Probably four or five dollars were collected in this way. In about one or two hours, Ferguson rose up in the chair and said: "Mr. Clerk, Court's adjourned. Let's go and have a general frolic with the fine-money-a big, oldfashioned spree." Then it was first discovered that it was a sham court. The people were wild in their fun, and those that paid the fines enjoyed the joke more than all others. Yours truly,

W. H. HERNDON.

Mr. Ferguson left Illinois on the 26th day of September, 1852, for Texas. He resided in Dallas county in the latter State, until the following spring, and then started overland for California, where he arrived in the summer of 1853. After residing for a few months at Marysville, he located permanently at Sacramento, and entered upon the practice of his profession. Possessed of a fine knowledge of law, of affable manners, and a very generous and kind disposition, his popularity soon became as great as his ambition, (which was unlimited) and procured him as much business as he could possibly attend to. He loved, but was not wedded to, his profession, although he distinguished himself as a criminal lawyer. He sought to make it a stepping-stone to political preferment; and cherished an honorable zeal to shine in the councils of the State and nation. He had an insatiable thirst for fame. He cared but little for money. The fluctuations in real estate, and the rise and fall of stocks, never cost him a sigh or gave him any concern. The records of the County Recorder of Sacramento county do not once reveal his name as the purchaser or vendor of a single inch of ground. He lived and moved in the midst of a restless throng, crazed by the eager desire for gain, but himself callous to the allurements of mammon. The example of indifference to the acquisition of wealth in an age of speculators and in a community of fortunehunters, was novel and striking.

In 1855, Ferguson was nominated by the Native American or Know-Nothing party for State senator.

His

Democratic competitor was his first law-partner in Sacramento, Wm. S. Long. At the election, Ferguson received 3,437 votes to 2,592 cast for Long.

On entering the Senate, he was appointed chairman of the Judiciary Committee, and at once became a leading member of that body. The Legislature was called upon during that session to elect a United States senator. In the lower branch, the new party had a large preponderance, while in the Senate their majority was only one. Hon. Wilson Flint, one of the hold-over San Francisco senators, was known to be in sympathy with the Know-Nothings or Native Americans, and in company with Henry S. Foote, had stumped the State in 1850 for that party, and the votes of that party had been cast in a body for him, and aided his election to the State Senate. Therefore, his vote was relied upon for the American nominee for United States senator. It was the purpose of the Know-Nothing senators to go into joint convention, without first holding a caucus; but, as Mr. Flint declared he would not vote for the choice of the majority unless that choice were indicated by a caucus, the original intention was changed and a caucus was held. In a speech delivered in the Senate, January 15th, 1856, and which was reported in the Sacramento Union, Mr. Flint, in explaining his connection with the Native American party, used these words: "I assure the party to which I hold allegiance, that I am prepared at any time to abide the result of a caucus."

At that time, it will be remembered, it required a majority of both branches of the Legislature to bring on the election of a United States senator. Seeing how evenly balanced the two parties were in the Senate, David C. Broderick was making herculean exertions to have the election postponed until the next session of the Legislature, when he hoped to secure the prize himself. The caucus of the dominant party had many sittings, in the endeavor to agree upon a candidate. Mr. Ferguson himself received a large vote for the high position. The principal candidate, however, was Hon. Henry S. Foote, and upon him the caucus at last combined. That gentleman would have