pretence of equality is a lie-it is equal in all the form, it is unjust in all the substance the habitude of arms, the early training, the frontier life, the border war, the sectional custom, the life of leisure, all these are advantages which no negotiation can neutralize, and which no courage can overcome.

But, fellow-citizens, the protest is not only spoken, in your words and in mine-it is written in indelible characters; it is written in the blood of Gilbert, in the blood of Ferguson, in the blood of Broderick; and the inscription will not altogether fade.

With the administration of the code in this particular case, I am not here to deal. Amid passionate grief, let us strive to be just. I give no currency to rumors of which personally I know nothing; there are other tribunals to which they may well be referred, and this is not one of them. But I am here to say, that whatever in the code of honor or out of it demands or allows a deadly combat where there is not in all things entire and certain equality, is a prostitution of the name, is an evasion of the substance, and is a shield, blazoned with the name of Chivalry, to cover the malignity of murder.

And now, as the shadows turn toward the East, and we prepare to bear these poor remains to their silent resting-place, let us not seek to repress the generous pride which prompts a recital of noble deeds and manly virtues. He rose unaided and alone; he began his career without family or fortune, in the face of difficulties; he inherited poverty and obscurity: he died a Senator in Congress, having written his name in the history of the great struggle for the rights of the people against the despotism of organization and the corruption of power. He leaves in the hearts of his friends the tenderest and the proudest recollections. He was honest, faithful, earnest, sincere, generous and brave; he felt in all the great crises of his life that he was a leader in the ranks, that it was his high duty to uphold the interests of the masses; that he could not falter. When he returned from that fatal field, while the dark wing of the Archangel of Death was casting its shadows upon his brow, his greatest anxiety was as to the performance of his duty. He felt that all his strength and all his life belonged to the cause to which he had devoted them. "Baker," said he-and to me they were his last words "Baker, when I was struck I tried to stand firm, but the blow blinded me, and I could not." I trust it is no shame to my manhood that tears blinded me as he said it. Of his last hour I have no heart to speak. He was the last of his race; there was no kindred hand to smooth his couch or wipe the death damp from his brow; but around that dying bed strong men, the friends of early manhood, the devoted adherents of later life, bowed in irrepressible grief, "and lifted up their voices and wept.

But, fellow-citizens, the voice of lamentation is not uttered by private friendship alone-the blow that struck his manly breast has touched the heart of a people, and as the sad tidings spread, a general gloom prevails. Who now shall speak for California?-who be the interpreter of the wants of the Pacific coast? Who can ap

peal to the communities of the Atlantic who love free labor? Who can speak for masses of men with a passionate love for the classes from whence he sprung? Who can defy the blandishments of power, the insolence of office, the corruption of administrations? What hopes are buried with him in the grave!

"Ah! who that gallant spirit shall resume,

Leap from Eurotas' bank, and call us from the tomb ?"

But the last word must be spoken, and the imperious mandate of Death must be fulfilled. Thus, O brave heart! we bear thee to thy rest. Thus, surrounded by tens of thousands, we leave thee to the equal grave. As in life, no other voice among us so rung its trumpet blast upon the ear of freemen, so in death its echoes will reverberate amid our mountains and valleys, until truth and valor cease to appeal to the human heart.

Good friend! true hero! hail and farewell.

ISAAC N. ROOP.

BY JUDGE AT BRUCE

His

SAAC NEWTON ROOP was born in Carroll County, Maryland, on the thirteenth day of March, 1822. parents were natives of New York city, and of German origin. They lived for some time in the State of Pennsylvania, and in the year 1790, removed to the State of Maryland. Isaac was reared on a farm, and though his father was wealthy, he enjoyed such limited opportunities for education that, when he left home at the age of eighteen, he could scarcely write his own name. This defect, however, was in due time quite remedied, through the instrumentality of a Miss Nancy Gardiner, a graduate of the Transylvania College, with whom, in December, 1840, he established at once the twofold relation of husband and pupil. Under her tutorage he received a thorough English education, and laid the foundation work for that period of usefulness that succeeded to him in his later years.

Miss Nancy Gardiner was born in Pennsylvania, December 22d, 1822. In the same year of her marriage, she, with her husband, moved to Ashland County, Ohio. Ten years later she died, leaving her husband with three children, two sons and a daughter. Both of these sons enlisted in the service of their country, during the late war, and participated in the North-Western campaign under Gen. Rosecrans. The youngest, Isaiah Roop, was severely wounded at the terrible battle of Stone River, and died from its effects the following year. The remaining son, John V. Roop, is now living in the State of

Iowa. The daughter, Mrs. Susan Arnold, came to California in the year 1862. She was much beloved by her father, and has stood by his side to cheer him and administer to his comfort since the day of her meeting him here. She resides in Susanville, Cal., in the home made beautiful by the hand of her illustrious father. On the ninth day of September, 1850, and but a few months after the loss of his wife, Gov. Roop started for California. He arrived in San Francisco on the eighteenth day of October of the same year, and in June following went to Shasta to keep a public house. His first three years in California were spent in Shasta County, in farming and trading. During this period he also held the situation of Postmaster and School Commissioner. He had accumulated in that time upwards of fifteen thousand dollars, worth of property, but in June, 1853, lost it all by fire. Stripped of everything but an unconquerable will, and being of an adventurous disposition, he turned his back upon civilized life, and journeying across the Sierras, took up his abode in Honey Lake Valley-at that time a long distance from any settlement, and solely inhabited by Indians. Here he located the land upon which the city of Susanville now stands, built a saw mill near by, and continued to reside here up to the day of his death, February 14th, 1869. During his residence in Honey Lake Valley he was engaged in lumbering, farming and trading, filled many offices of profit and trust, and, to a considerable extent, followed the practice of the law. The beautiful valley first settled by him has grown up into a flourishing county, and the little village which he laid out has become a large and prosperous commercial town, and the county seat of Lassen County. Honey Lake Valley, as lately as the year 1858, was considered by its settlers as a part of Utah Territory. Becoming indignant at the insolence and petty oppressions of the Mormons, these early settlers, with other residents of western Utah, resolved, in the year 1859, to cut loose from all political communication with a people they so heartily despised. Accordingly, a convention was called in July of that year, which, having drafted a Constitution

for the new territory formed out of this part of Utah, and christened Nevada, the same was adopted by the people, and an election held in pursuance of its provisions for choosing a Governor and other territorial officers.

At this election, held on the seventh of September, Isaac N. Roop was chosen Provisional Governor of the proposed territory by nearly a unanimous vote. The first Legislature elected in this new territory met and organized in the town of Genoa, Carson Valley, on the fifteenth of December, 1859. O. K. Pierson, of Carson city, was elected Speaker, H. S. Thompson, Clerk, and the Hon. J. A. McDougal, Sergeant-at-Arms. To this Legislature Governor Roop delivered his first Message. The Governor adjourned the Legislature to the first Monday in January following, whereof he informed the people by proclamation. In that proclamation Governor Roop gave the reasons of the people of the proposed territory for the organization of a provisional government. The proclamation declared that "under Mormon rule they had no protection for life, limb, or property. They had no Courts or County organizations except those controlled by the sworn satellites of the Salt Lake oligarchy. Their political rights were entirely at the will of a clique composed of those who were opposed to the first principles of our Constitution and the freedom of the ballot box. Under these circumstances all endeavored to secure relief from these impositions, and believing that a Provisional Government would best assure protection of life, limb, and property, an election was held and all necessary arrangements made for the formation of temporary government until Congress should insure justice and protection."

A short time after, U. S. District Judge Cradlebaugh succeeded in establishing his Court in the new territory; a new Delegate to Congress, in the person of John J. Musser, had been elected and dispatched to Washington; extensive mines were discovered in the Carson Valley, which caused an influx of population wholly unexpected at the time of the meeting of the convention-and only a portion of the members of the first Legislature were