There were two candidates besides myself for the position, and 93,000
votes were polled. Of these I received a majority of 36,000 over each
of my opponents, and 17,000 over them both together.[3] The term to
which I was elected was for six years, commencing January 1st, 1858.
In September, 1857, Hugh C. Murray, then Chief Justice, died, and
Associate Justice Peter H. Burnett was appointed to fill the vacancy.
This left the balance of Judge Burnett's term of service to be filled,
and I was urged by the Governor of the State to accept his appointment
to it, as it was for less than three months, and immediately preceded
my own term. At first I refused, as I desired to revisit the East; but
being assured by the judges that taking the place need not prevent
my intended visit, I accepted the appointment, and on the 13th of
October, 1857, took my seat on the bench.


[1] See Letter of Judge Mott detailing the particulars of the
affair; Exhibit H, in Appendix.

[2] See Exhibit I, in Appendix.

[3] The exact vote was as follows:
For myself 55,216
For Nathaniel Bennett 18,944
For J.P. Ralston 19,068
------
Total vote 93,228

Majority over Bennett 36,272
Majority over Balston 36,148
Majority over both 17,204