Yale, assisted me in the presentation of these motions. In deciding
them, the court delivered two opinions, in which these positions
were sustained. They are reported under the titles of People, ex rel.
Mulford et al., vs. Turner, 1 Cal., 143; and People, ex rel. Field vs.
Turner, 1 Cal., 152. In the first case, a peremptory writ of mandamus
was issued, directed to Judge Turner, ordering him to reinstate us as
attorneys; in the second, a writ of certiorari was issued to bring
up the order imposing a fine, which was subsequently reversed and
vacated, as shown in Ex-parte Field, 1 Cal., 187. The opinions
referred to were delivered by Judge Bennett, and are models of their
kind. Many years afterwards, when a somewhat similar question came
before the Supreme Court of the United States, I was called upon to
announce its judgment; and in doing so, I followed these opinions, as
may be seen by reference to the case of Ex-parte Robinson, 19 Wallace,
510. I there repeated substantially the doctrine of Judge Bennett,
which is the only doctrine that will protect an attorney and
counsellor from the tyranny of an arbitrary and capricious officer,
and preserve to him his self-respect and independence.

When the order for our restoration came down from the Supreme Court,
Turner refused to obey it; and wrote a scurrilous "Address to the
Public" about us, which he published in one of the newspapers. We
replied in a sharp and bitter article, signed by ourselves and five
other gentlemen; and at the same time we published a petition to the
Governor, signed by all the prominent citizens of Marysville, asking
for Judge Turner's removal. There was a general impression in those
days that Judges appointed before the admission of the State into the
Union held their offices subject to removal by the Governor. I hardly
know how this impression originated, but probably in some vague
notions about the powers of Mexican Governors. However this may be,