to remain Chief Justice of the Supreme Court of the
State than to be a judge of an inferior federal court,
but that if a new justice were added to the Supreme
Court of the United States, I would accept the office
if tendered to me. Notwithstanding this reply
my appointment was urged, and I was nominated by the
President. The Senators have since told me that
they pressed my nomination from a belief that another
justice would soon be added to the Supreme Court, and
that the appointment would be made from the Pacific
States, and that if I were circuit judge it would
more likely be tendered to me than to any one else.
The interests of those States were so great, and from
the character of their land titles, and their mines
of gold and silver, were in some respects so different
from those of the Eastern States, that it was deemed
important to have some one familiar with them on the
Supreme Bench of the United States. Accordingly,
while my nomination for circuit judge was pending
before the Senate, a bill providing for an additional
justice of the Supreme Court, and making the Pacific
States a new circuit, was introduced into both Houses
of Congress, and on the last day of the session, March
3d, 1863, it became a law. Soon after the adjournment
of Congress, the entire delegation from the Pacific
States united in recommending my appointment to the
new office. The delegation then consisted of four
Senators and four Members of the House, of whom five
were Democrats and three Republicans; all of them
were Union men. I was accordingly nominated by
the President, and the nomination was unanimously
confirmed by the Senate. My commission was signed
on the 10th of March, 1863, and forwarded to me.
I did not, however, take the oath of office and enter
upon its duties until the 20th of May following.
At the time I received the commission there were many
important cases pending in the Supreme Court of California,
which had been argued when only myself and one of
the associate justices were present. I thought
that these cases should be disposed of before I resigned,
as otherwise a re-argument of them would be required,
imposing increased expense and delay upon the parties.
I therefore sent my resignation as Chief Justice to
the Governor, to take effect on the 20th of May.
I selected that day, as I believed the cases argued
could be decided by that time, and because it was the
birthday of my father. I thought it would be gratifying
to him to know that on the eighty-second anniversary
of his birth his son had become a Justice of the Supreme
Court of the United States. Accordingly on that
day I took the oath of office.[1]
[1] Although I had informed the Attorney-General of
my action and
delay in taking the oath of
office, the salary of the office
was sent to me from the date
of my commission, March 10th,
1863. I immediately deposited
with the sub-treasurer at San
Francisco, to the credit of
the United States, the proportion
for the time between that
date and the 20th of May, and
informed the Secretary of
the Treasury of the deposit,
enclosing to him the sub-treasurer’s
receipt.