JAMES A. MCDOUGALL.

BY WILLIAM H. RHODES.

W

Vita sine literis, mors est.

HEN intelligence of the death of Gen. McDougall reached California, not a citizen of that State but felt that one of her brightest intellects, purest patriots, and wisest counselors had departed. The fame of the dead senator had penetrated every corner of that new dominion. As a lawyer, he had been eminently successful; as a public officer, incorruptible; as a statesman, wisc, forearmed, and magnanimous. More learned than Baker, more successful than Hoge, and more consistent than Pratt, he led that mighty phalanx of GREAT WESTERNERS who at an early day immigrated into California, and by their united genius lifted her up into the position of one of the noblest States that adorn our confederacy. By their services, she early attained her proudest characteristic, the Empire State of the Pacific!

James A. McDougall was born in Albany county, in the State of New York, in November, 1817, and received the rudiments of his education at the Grammar School of that place. At a very early age, he assisted in the survey of the first railroad built in the State of New York-that connecting the two cities of Albany and Schenectady. His attention thus early was directed towards internal improvements, particularly to railroads,

and some of the most important acts of his life owed their germs to this commencement. Here, indeed, may be seen the origin of his advocacy of the Great Pacific Railroad, to the construction of which he devoted much of his time and all of his talents: of this, however, we shall speak more at large hereafter.

After completing the survey of the Albany road, Mr. McDougall resolved to adopt the profession of law as the business of his life, and set about the study with industrious alacrity. He devoted all his time to this object, and with characteristic energy soon mastered the rudiments of the profession. Whilst still a mere boy, he emigrated to the great West-in 1837-and settled in Pike county, Illinois. Here he at once developed talents of the highest order, and rose with unprecedented rapidity to the highest honors of the forum. In 1842, he was elected Attorney General of Illinois, and at the conclusion of his first term of office in 1844, was again elected to the same position.

During his early career in Illinois, it was his fortune to meet and come into friendly rivalry at the bar with such men as Baker, Hoge, and Pratt. Nor is it doing any injustice to those distinguished jurists to assert that he fully equaled, if he did not surpass, them all. Indeed, for varied literary as well as legal lore; for scrupulous good taste in all his compositions; for fiery eloquence and aptness of quotation, no citizen of Illinois has ever yet approached him.

From Illinois, he led an expedition of his own forming, in 1849, to the head waters of the Rio del Norte. The object of this venture was primarily, exploration of the country, with a view to settlement, and secondly, a search for the precious metals.

The enchanting news from California seems to have taken entire possession of the minds of some of the ablest and most adventurous spirits of the far West, and hence the brilliant array of distinguished names that adorned the early annals of the Golden State. The results of the expedition not being satisfactory, instead of returning homewards, the caravan turned its face to the westward,

and started across the deserts and hills of the Gila and Colorado for the El Dorado of the West.

Soon after his arrival in California, he settled in San Francisco, and devoted his attention to the practice of law. From the first moment of his appearance at the bar in that city, he became a man of mark and distinction. It was no easy task to take precedence of such men as Tilford, Randolph, and Sloan; yet McDougall soon found himself an overmatch for them all, and shared the dangerous honor of preeminence alone with Lockwood of Indiana. The contests between these two jurists of the law were always terrific, and very often extremely rough and personal. What Lockwood lacked in polish, he made up in erudition, and what was wanting in McDougall's delivery, was fully compensated for in sarcastic humor. Lockwood was ponderous in his blows, whilst his rival was alert and watchful. It was the old battle between Fitz James and Roderick Dhu, between David and Goliah, between rude strength and practiced skill. The Damascus blade generally triumphed over the rude claymore and the tough bull's hide. When the verdict came, it was received usually in sullen silence by the defeated Hoosier. The New Yorker smiled, but said nothing. Well he knew that when the appeal came to the Supreme Court, nothing could resist the polished irony, nervous vigor, and apt learning of his luminous pen. Still the battle was left undecided up to the period of Lockwood's death. After that event, it was generally conceded that James A. McDougall stood at the head of the California bar. No sooner had he established his right as a leader than he received the nomination of the Democratic party for the office of Attorney General of the State. He was triumphantly elected to that position in 1850, and served with great distinction. His legal eminence soon led to political preferment, and he was chosen member of Congress, as a Representative, in 1853.

Previous to his election, the question of the construction of a continental railroad began to exercise the minds of the most sagacious politicians on both shores of the hemisphere. On the western, McDougall took the