When the bill of 1851, dividing the State into new judicial districts,
became a law, there were several candidates for the office of Judge
of the Tenth Judicial District, which comprised the counties of Yuba,
Nevada, and Sutter. Henry P. Haun, the County Judge of Yuba, was one
candidate; John V. Berry, a lawyer of the same county was another;
and Gordon N. Mott, a lawyer of Sutter County, was a third. My first
choice was Berry; but, finding that he had very little chance, I gave
what influence I had in favor of Mr. Mott, and he received from the
Governor the appointment of Judge of the new district.

In the Summer of 1851, the Governor issued his proclamation for the
Fall elections, and, among others, for an election to fill the office
of Judge of the Tenth District. I had supposed--and there were
many others who agreed with me--that Judge Mott's term under his
appointment would continue until the election of 1852. But there
being some doubts about the matter and the Governor having issued
his proclamation for an election, candidates were nominated by the
conventions; and at the ensuing election one of them, William T.
Barbour, a lawyer of Nevada County, received a majority of the votes
cast and was declared elected. When he came, however, to demand
the office, Judge Mott expressed his opinion that there had been no
vacancy to be filled and declined to surrender. This led to a suit
between them. The question involved being exclusively one of law, an
agreed case was made up and presented to the Supreme Court, and that
tribunal decided in favor of Barbour. A report of the case is given in
the 3d California Reports, under the title of People, ex rel. Barbour,
vs. Mott.

In the case I appeared as counsel for Judge Mott and argued his
cause. This offended Judge Barbour, and he gave free expression to his