The San Francisco call., 1895-11-24

ten to his cry and find tongue to speak in his
defense, though around his head all the iury
roar and roll as the ocean rolls around the
rock. And if ever forget, if I ever deny that
highest duty to my profession m ay God palsy
this arm and hush this voice fore yer.
The power of Colonel Baker over the
minds of jury was very great, as may be
well illustrated by an incident which had
from the lips of a juryman who sat be-
meath his spell in a cause involving valu-
able water rights in Sierra County. The
court sat in Downieville, and from the
windows of the courtroom might be seen
the ditch in controversy. After Colonel
Baker had proceeded with his speech some |
distance he scared away in one of his lofty
flights of oratOry, during which he apoS- |
trophized the particular stream involved
in the case and walked away from the jury |
to the window, as though entranced in
his own apostrophe The jury to a man
unconsciously arose and followed him,
and stood breathless group behind him
until the climax was reached and passed, |
when they came to their senses and STUN
bled back sheepishly to their seats.
The political career of Colonel Baker in
career, but it was productive of no vic
tories for him. Soon after his arrival he |
identified himself with the free soil |
movement, and became, in 1855, the
candidate of the party of that name
for the State Senate. He made brilliant
canvass, but Democracy proved too |
strong even for him. In 1856 he was
among the first to ally himself with the
Republican party, whose National candi- |
dates were Fremont and Dayton, aud he |
gaIlantly led forlorn hope through that
campaign. Later he was a candidate for
Congress and agar, met defeat. These
political reyerses did not, however, dim
his loyalty to California nor lessen his de-
votion to the great party of freedom,
whose cause he had espoused.
1t was at the close of his campaign for
Congress that the tragic incident in our
State history occurred, which called forth
from Bakers lips one of the grandest of ]
his orations. This was the death OF David
G. Broderick, who had been his devoted
| friend. By common consent Colonel
Baker became his eulogist, and his speech
in its completeness is preserved. In it
occurs that passionate protest against
| dueling, which may serve as sample of
the speech:
One year ago to-day performed duty, such
| as perform to-day, over the remains of Sena-
tor Ferguson, who died Broderick died,
tangled in the meshes of the code OF honor.
To-day there is another and more eminent sac
| ritice. To-day | renew my protest; to-day
utter yours. The code of honor is delusion
and q snare. 1t palters with the hope OF
and cruel skill 1t surrounds its victim
cession, but leaves him bleeding on
the altar. 1t substitutes cold and deliberate
preparation for courageous and manly impulse,
and arms the one to dlsarm the other. 1t may
prevent fraud between practical duelists, who
should be forever without its pale, but it
makes the mere trick OF the weapon superior
to the noblest cause and the truest courage.
It's pretense of equality is a lie. 1t is equal in
all the form, it is unjust in all the substance
the habitude of arms, the early treining, the
frontier life, the border war; the sectional GUS
tom, the life OF leisure; all these are ad-
vantages which no negotiation can neutralize,
and which no courage can overcome.
And this was his last farewell to Broder-
ick:
But the last word must be spoken and the
imperious mandat te OF death must be fulfilled.
Thus. oh brave heart, we bear thee to thy rest.
4, Thus, surrounded by tens of thousands.
leave thee to equal grave. AS in life no
other voice so rung its trumpet blast upon the
ear OF freedom, so in death its echoes will
reverberate amid our mountains and valleys
until truth and valor cease to appeal to the
human heart.
After the death of Broderick and the de-
livery OF this splendid eulogy, the tide of
Bakers fate hurried him away to Oregon
and plunged him into the heart of politi-
cal campaign there, the prize of which was
a seat in the United States Senate, to reach
which was the height of his ambi-
ton. There are but meager details pre-
served of that Oregon campaign, but in it
Baker gained a sobriquet which was his
during the few remaining days of his
eventful life. He became known as 1.-THE
Old Gray Eagle of Mount Hood" and re-
turned to California in 1860 with this title
and with the wreath of Senator upon his
brow. His arrival in San Francisco was
made the occasion of monster celebra-
ton, and he then delivered one of the
most wonderful speeches of his life. In
it occurred that exordium to Freedom"
which has become classic in our litera-
ture. He said:
Here, then, long years ago, took my stand
by freedom, and where in youth my feet were
planted there my manhood and age shall
march. And, for one, L not ashamed of
freedom i know her power; ] rejoice in her
majesty; walk beneath her banner; l glory
in her strength. have seen ber struck down
upon hundred chosen fields OF battle. have
seen her friends fly from her. l have seen her
foes gather around her. l Lave seen them bind
her to the stake. have seen them give her
| ashes to the winds and regather them again
that they might scatter them still more widely.
| But when they turned to exult have seen her
again meet them face to face, clad in complete
steel and brandishing in her strong right hand
flaming sword, red with insufferable light.
In speaking of this oration and of its ef-
feet Oscar T. Shuck in his Bench and
Bar" says that the natural grace, the
manly animation of the speaker, the way
he suited the action to the word, were pc