I have already stated that I moved Turner’s impeachment.  After the testimony was taken I addressed the House upon the subject.  In reply to my remarks a member, by the name of B.F.  Moore, from Tuolumne County, took occasion to make an abusive attack on me.  It was the common practice in those days to go armed.  Of the thirty-six members of which the Assembly then consisted, over two-thirds never made their appearance without having knives or pistols upon their persons, and frequently both.  It was a thing of every-day occurrence for a member, when he entered the House, before taking his seat, to take off his pistols and lay them in the drawer of his desk.  He did it with as little concern and as much a matter of course, as he took off his hat and hung it up.  Nor did such a thing excite surprise or comment.  But when Mr. Moore rose to reply to me, he first ostentatiously opened his drawer, took out his revolvers, cocked them, and laid them in the open drawer before him.  He then launched out into a speech of the most opprobrious language, applying to me offensive epithets, and frequently interspersing his remarks with the declaration that he was responsible for what he said, both there and elsewhere.  It is difficult for me to describe the indignation I felt at this outrageous assault and the manner in which it was made.  Its very fierceness made me calm, as it is said that a tempest at sea is sometimes so violent as to still the waves.  So when I came to make my rejoinder, I answered only such portions of his speech as attempted argument, and made no allusion to the personal language he had used towards me.  But as soon as the vote was had on the question of postponing the impeachment, I took measures to call him to account.  For this purpose I applied to Mr. Samuel A. Merritt, a member from Mariposa County, to carry a note from me to him, calling upon him to apologize for his offensive conduct or give me the satisfaction which it was understood one gentleman had the right to demand from another.

At that time it was generally supposed that the constitutional provision in regard to duelling was self-operative, and that any person who either sent or accepted a challenge, or acted as a second to one who thus offended, would ipso facto be disqualified from afterwards holding any public office.  Upon this understanding of the law, Mr. Merritt, with many expressions of regard for me and regret at the law, declined to carry the note.  I then applied to Mr. Richardson, also a member, but he declined for the same reason.  I was afraid, as matters stood, that I could not get anybody to act for me, and I did not know to whom to apply or what to do.  Whilst thinking the matter over, I happened, about nine o’clock in the evening, to walk into the Senate Chamber, and there found Mr. David C. Broderick, afterwards United States Senator, sitting at his desk writing.  He was at that time President pro tem. of the Senate.  I had known him for some time, but not intimately; we were