[Judiciary Matters in Nevada Territory, Sacramento Union, August 27, 1864]

 

JUDICIARY MATTERS IN NEVADA TERRITORY.

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            The following is a letter from J. W. North, in reply to certain complimentary notes addressed to him by several members of the bar, and other citizens of Virginia :

            Gentlemen: Were I in health, it would give me great pleasure to reply to each of your kind and valued letters, separately and at length. As it is, I am sure you will excuse me for saving myself labor, by addressing you jointly.

            The voice of friendship, which is always welcome, is especially so when one is prostrated by illness, and when enemies are desperate in their efforts to injure reputation and destroy the public confidence. These expressions of approval from leading members of the bar are the more welcome, since they come spontaneously, and in the face of earnest effort to induce you to hold a different language. For your disinterested friendship and esteem, as well as for the kind interest you have ever taken in sustaining me in the faithful discharge of duty, I sincerely thank you. Had my health permitted, the relation we have sustained to each other for the past year would have continued until the fourth of March next; as it is, I must let it terminate now.

            Since my illness at the term of the Supreme Court, in April last, I have contemplated resigning my office during the present vacation, so as to give ample time for the selection of my successor before the next term of Court. The attacks of a few enemies, together with the urgent solicitation of many friends, have caused me to hesitate in this determination, until all could be said against me should be heard and fully considered. Being much of the time too unwell to give attention to the matter, I have not seen many of the articles which, I am informed, have appeared, pro and con, in the papers. From what I have learned I am entirely content and satisfied with the result, and glad that I have given an opportunity for calumny to do its worst. And now, since the clamor has about ceased, and the dust and smoke have passed away, we look back upon a rehash, in the newspapers, of the stale and thrice refuted slanders of the man who distinguished himself at the Opera House last Winter, aided by the note of one prison convict. One of these individuals seems to writhe under disappointment at the thwarting of some of his pet schemes ; and the other thinks it an outrage that she should be sent to prison for shooting a man through the head. These make complaints on their own account, and call to their aid such assistance as can be led into the service.

                        No rogue e'er felt the halter draw,

                        With good opinion of the law."

Or with good opinion of the Judge who applied the law to his case. It is not strange that such persons should sometimes get angry and indulge in billingsgate. It is a little strange, however, that some honest men should be misled by them and allow themselves to be used as tools for a base purpose. The frequent messages I receive from the few real men, whose names have been paraded before the public as asking all our Judges to resign, and their earnest expressions of confidence in me, shows that they are beginning to be sensible of the wrong they have done. I have never doubted for a moment that I have the confidence and approval of the great body of the good citizens of the Territory and I am equally confident that I am not popular with criminals and corrupt men. And it is a significant fact, that after all the noise that has been made not one of my decisions is attacked as either illegal or unjust. That I have been able to discharge the difficult duties of my position so as to secure this result, is a source of sincere gratification. This being the position of affairs, I regard if as idle longer to heed the stale repetition of old slanders, and wrong to allow it to influence me in the action which as a good citizen it is my duty to take.

            My continued illness wholly unfits me for the severe labor of a Judge of this district. A due regard for the public welfare requires that I should make way for my successor before the commencement of the next term of Court. I had hoped to be able to finish the business which is in progress before me; but I have tried my strength sufficiently to satisfy me that this is impracticable. I have given to the labors of the office what health and strength I possessed, and I am now compelled to give up my time to regaining the health I have lost.

            Of the uniform kindness and courtesy of the members of the bar, and of the cordial and sustaining confidence of the good people of the district, I shall always preserve a grateful recollection. The position has been, as I expected, laborious and trying. I was not so vain as to expect to discharge all its duties perfectly. I did expect to do my duty with fidelity, and this I have done, conscientiously and fearlessly. I am glad to have had the opportunity of rendering some service to the district, in securing the ends of justice, and in preventing corruption and crime. I can only wish that my health had enabled me to do more.

            There is much need of improvement in our judicial system, as is shown by the inevitable accumulation of business in Virginia; and I earnestly hope that by the adoption of a State Government a sufficient number of Judges may be obtained to do the business of this district. And I also hope that your future Judges may be in all respects what good citizens could wish.

            For the few virulent enemies who have labored so hard, during my illness, to destroy my good name, I cherish no vindictive feeling; though I shall probably ask some of them to come before a judicial tribunal and prove their calumnies or retract them once more. I know the errors of honest men will be corrected in due time. I hope to remain in the Territory in the practice of my profession, if my health permits, and we shall all have an opportunity to look back on present events, after time shall have tested the correctness of our present views. My resignation is telegraphed to Washington to-day, to take effect when my successor shall have been appointed and qualified.

            With sentiments of sincere regard, I am, as I hope to remain,

                        Your friend and fellow citizen,

J. W. North.

            The Virginia Union of August 25th, which favors the appointment of J. F. Swift, of San Francisco, for Judge in place of J. W. North, resigned, has the following account of an indignation meeting held in Virginia by members of the bar :

            On Tuesday night, on receipt of a dispatch that J. F. Swift, of California, had been recommended by Judge Field, Governor Low and Senator Conness for the position of Judge of the Supreme Court for this district, to fill the vacancy occasioned by the resignation of Judge North, the lawyers of this city held an indignation meeting at the Probate Court room, the upshot of which was—after fiery speeches from Sandy Baldwin, Tod Robinson, Judge Burbank and others— appointment of a Committee to prepare resolutions expressive of the sense of the bar ; whereupon the meeting adjourned over to yesterday afternoon at one o'clock. At that hour, or very near it, the body assembled at the Probate Court room, Wm. M. Stewart in the chair.

            Claggett, from the Committee, then made his report. The whole was embodied in three resolutions. The first deprecated the appointment of a person to the office of Justice of the Supreme Court of the Territory whose character and qualifications were entirely unknown to the people and the bar ; and stated that it would lead to embarrassment and difficulty.

            Upon this ensued a discussion, in which about half a dozen participated. Finally the resolution passed with an amendment opposing the appointment of any other than a citizen of the Territory to the position sought to be filled.

            The second resolution was the "stumper," and upon its adoption ensued a long, windy debate. It was a recommendation from the Committee that the accompanying letter to Swift should be forwarded to him, or something substantially like it. This letter gives Swift a history of our condition under the Judiciary which have just resigned — then goes on to say that they don't want him on the bench over here — that they are not acquainted with him, and wouldn't have any confidence in him if he did come over and assume the ermine. In fact they assure him that he would create disquiet, dissatisfaction, and dissension among the lawyers and in the community by assuming the position of Judge of the Supreme Court of this Territory. From the manner of the appointment, says the letter, and the circumstances under which it is to be obtained, the new Judge would not have the confidence of the bar or the community, and his bed would be one of "thorns" —  figuratively speaking, of course ; that some gentlemen wished distinctly understood. The letter is as plain as a pikestaff — but if it is respectful in language, and as such should be addressed to a gentleman, is a question "before the house," and upon it ensued the talk.

            Hereford started out in opposition to the use of such language in addressing one who might be sent as an appointee of the President.

            Reardan moved that the name of J. F. Swift be stricken out of the resolutions wherever it occurred.

            Whitman declared that strategy had been attempted, and warmly advocated the adoption of the resolution.

            Judge Reardan objected to the letter — thought it was insulting to the gentleman to whom it was addressed, and stated that he believed if there was any strategy there it was on the part of certain gentlemen who desired to prevent a Judge from living here at all.

            The discussion was further prolonged by Judge Burbank, Claggett, Robinson, Williams, Campbell and others.

            A substitute was offered by Hereford, to the effect that Judge Field, Governor Low and Senator Conness be requested to withdraw their recommendation in favor of Swift, and co-operate with the bar of Virginia in having Mesick appointed Judge.

            Another long and tedious discussion arose, which resulted, finally, in the rejection of the substitute and the adoption of the original resolution by vote of 23 to 9. So Swift may expect to receive an interesting and instructive letter shortly.

            The third and last resolution was to this purport: "That this attempted foreign interference with the affairs of our Territory was another argument in favor of the adoption of a State Government."  To this that venerable Copperhead, Tod Robinson, objected, as a matter not proper for a meeting of the kind to pass upon, at the same time announcing his intention to vote against our State Constitution.  The consideration of this resolution was, after debate, indefinitely postponed.

            The meeting finally adjourned in a rather confused state. It occupied just four hours for these wise fellows — the concentration of legal, legislative and administrative talent — to dispose of this little business — to pass upon three resolutions ! For four mortal hours we had to listen to the arguments and eloquence of these learned gentlemen, though at the beginning any one could see how it would terminate.

            If the subject is properly represented to the President we believe that he will act in conformity with the desires of our people ; but we cannot, for the life of us, see the necessity of sending the letter that the Committee reported to Swift. It is extremely obnoxious in its character or we do not understand the English language.