HON. JAMES W. DENVER,

OF CALIFORNIA.

THE subject of this sketch was born in Frederick County, Virginia, on the 23d of October, 1817.

He is of Irish ancestry. His grandfather, Patrick Denver, took an active part in the Rebellion of '98, and was forced to flee to this country, to avoid the penalty which his patriotism would have had to pay the British Government. He landed first at New York, and thence went to the Valley of Virginia. Here the father of our subject married Jane Campbell, the daughter of William Campbell, who was also a native of Ireland. His father served in the War of 1812, and was stationed for some time at Norfolk. His uncle, Arthur Denver, was in the naval service during the last war, and was one of the men taken in the Chesapeake Bay, and confined at Halifax by British authority, to be sent to England on trial for treason, on the ground that his allegiance was due to England, though an adopted citizen of the United States. His uncle on his mother's side, James Campbell, fell at the battle of North Point. Descended from such stock, it is not strange that his life, though not yet much advanced, has been an eventful one.

Our subject is the oldest of eleven children. At thirteen years of age, he moved to Clinton Co., Ohio, with his father and family, and there was brought up on a farm. Utterly prostrated by rheumatism, when he had just reached his majority, and incapacitated thereby for the avocation of a farmer, he, after teaching school one year in Missouri, the proceeds of which enabled him to turn his attention to the law, graduated at the Cincinnati Law School in 1844. During the summer of that year he edited a Democratic campaign paper at Xenia in Ohio. The next spring he removed to Missouri and located at Plattsburg, and the year thereafter removed to Platte City in that state, where he remained until 1847.

During this year President Polk appointed him to a Captaincy in the 12th Regiment of Infantry. This regiment was constituted of companies from North Carolina, South Carolina, Texas, Arkansas, and Missouri. His company, though the farthest distant from the rendezvous at New Orleans, was the first to reach it.

At Vera Cruz he had a severe attack of yellow fever, from

which he did not recover until his removal to California three years afterwards. Though reduced to a mere shadow by this disease, his ambition led him to keep up and perform severe duties imposed upon him, which increased his prostration to such an extent as to prevent his taking part in the battles in the Valley of Mexico, at all of which he was present. This was the most mortifying event in the life of Gen. Denver. He had gone to the war in pursuit of that distinction which is the object of a true soldier's ambition. Providence, however, was cruel to him, and would not permit his frail body to take him where his brave heart led him.

After the Mexican War Gen. Denver returned to Missouri and bought the Platte Argus, published at Platte City.

Up to that time he had regarded Col. Benton as the synonyme of a perfect democrat. Being himself a democrat of the State Rights School, from which faith he has never swerved, he could not overlook Col. Benton's refusal to obey the instructions of the Missouri Legislature in 1849, and he made, through the columns of his paper, a respectful but vigorous war against him.

In 1850 he crossed the plains to California, stopping two weeks at Salt Lake City. Crossing the great desert from the Humboldt to Carson River, the cholera broke out and raged with such violence as to destroy eight of his party of thirtyfour. He himself was attacked by it, but was amongst the lucky survivors. He reached Sacramento in September, where the same epidemic was also making the most fearful ravages. He remained there until the first of March, 1851, when he moved to the northern mines and engaged in trading between Humboldt Bay and the mines. Whilst in this business he had to traverse the mountains, encountering the severest hardships. The next summer, without consulting him, the people took him up and elected him State Senator. The counties which he was elected to represent were larger than the State of Massachusetts, and yet upon one week's notice of his candidacy he was triumphantly returned.

In 1852, whilst the Legislature was in session, it was reported that a very large number of emigrants, crossing the plains to California, were poorly prepared for such a trip, and that great sufferings must necessarily ensue. Twenty-five thousand dollars was appropriated by the Legislature to furnish provisions to relieve them. Gen. Denver, then a senator, was appointed by Gov. Bigler to superintend the distribution of the fund, and act as head of the relief train.

Mr. Edward Gilbert, an ex-member of Congress from California, at that time editor of the Alta California, being then in Sacramento, wrote and published an article reflecting

severely, and, as the parties belonging to the expedition believed, unjustly, upon Governor Bigler. A card was accordingly published, signed by Gen. Denver and the other members of the relief train, vindicating the Governor from the aspersions of Mr. Gilbert, and themselves from the insinuation of a cognizant connexion with the venality attributed by him to the purposes of the expedition. Mr. Gilbert rejoined in an illtempered and abusive article, reflecting upon each member of the expedition, concluding with the significant suggestion that if anything was wanting, it was well known where he could be found.

General Denver, having left the expedition temporarily at Carson Valley and returned to Sacramento, published a card in reply to Mr. Gilbert's editorial, in which he repelled its imputations in a proper and becoming manner, and suggested in reply to Mr. Gilbert's threatening him, as to where he could be found, that it was Mr. Gilbert's place to do the finding, and not that of any member of the expedition to look after him.

Mr. Gilbert then addressed General Denver a note, demanding the withdrawal of the card, which the latter declined doing until the editorials were first withdrawn. Mr. Gilbert then peremptorily challenged him. Gen. Denver had always been opposed to duelling, and had accommodated every difficulty in which he had been called on to act as a friend. This was, however, one of those cases in which the invitation could not be declined by him. Mr. Gilbert had commenced the assault. Gen. Denver pointed out to him the way in which the card could be withdrawn-by the withdrawal of the editorials which had caused it. Instead of doing this, or at least leaving some room for further negotiation to lead to adjustment, Mr. Gilbert precluded all possibility of any settlement by inviting Gen. Denver peremptorily to the field.

They fought on the 2nd of August, 1852, at daylight, with rifles at forty yards. Mr. Gilbert had the choice of ground and the word.

Gen. Denver threw away his first fire. This being evident, he supposed it would terminate the meeting. He did so upon the impression that Mr. Gilbert had no blood-thirsty object in view, and did not desire to push it to a mortal result.

After thus throwing off his fire, Gen. Denver moved off from the ground, not deeming that it would be pressed further. He was attracted by his surgeon calling his attention to the fact that the seconds were reloading the pieces. Gen. Denver then returned to the ground, and was informed that Mr. Gilbert demanded another fire. His purpose now could not be mistaken. He was bound by all custom to have expressed himself satis

fied. Instead of this, after Gen. Denver threw away his fire, and a voided achance to take his life, he demanded another shot. They then resumed their position. Mr. Gilbert deliberately took aim. They fired almost simultaneously, Gen. Denver shooting Mr. Gilbert, killing him instantly. It was not his intention to have killed him. He desired to wound him so as to preclude injury to himself—Mr. Gilbert being bent upon a perseverance in shooting. Owing, however to the incorrectness of one of the sights, he was foiled, and the death of his antagonist was the result. It has been represented that Gen. Denver was an experienced shot, and that Mr. Gilbert was not. This is not so. The latter, on account of his profession as an editor subjecting him to the calls of the duello, was in constant practice. On the contrary, Gen. Denver, though at one time accustomed to the use of the rifle, had not fired one for two years. He would not practise at all previous to the meeting, and had not seen the rifle with which he fought until the night before. One of the sights was broken, and a gunsmith was that night employed to put it on. This he did not do very accurately, and to this Mr. Gilbert's death is no doubt attributable.

Mr. Gilbert was a much esteemed man, and his loss was deeply mourned; but his death was due to his own improper course, and did not affect Gen. Denver's popularity.

After the duel, Gen. Denver went back to the relief train, and went out to aid the poor emigrants who were suffering on the plains. He did not return until the October following; in the meantime the expedition, travelling many hundreds of miles, and he with them, suffering the severest hardships, saving hundreds of emigrants who were in the greatest destitution, and enabling them to reach their destination, which they otherwise would not have been enabled to do.

Upon his return from the expedition, it was discovered that the appropriation made for it had been overdrawn. Gen. Denver, to enable the Governor to settle his account, declined a cent for his services, and gave the state a receipt in full for the amount justly due him. He has never since received anything from the state of California on that account.

The next spring he was appointed Secretary of State, an office originally of but little importance, but which by the action of the Legislature had swollen into one of vast magnitude. He discharged this position to the satisfaction of the people of the entire state.

Whilst Secretary of State he was re-nominated by the Democratic party for a seat in Congress, and elected by a large majority.

General Denver entered the House of Representatives at the beginning of the Thirty-fourth Congress. It will be recollected the condition of parties in the House prevented an organization for more than two months. It is needless to say that he stood with that Spartan band of Democrats, who for eight weeks, without the power to elect a Speaker of their own politics, presented a solid phalanx struggling to defeat the election of a Republican Speaker. Believing that such a result, no matter how accomplished, would be the severest blow ever struck at the country, he declined to unite in passing the plurality rule, which resulted in Mr. Banks' election.

During his term in Congress General Denver was Chairman of the Select Committee on the Pacific Rail Road. He labored in that position to promote the construction of two roads to the Pacific. The bill which he reported provided for the construction of three roads, that number favoring the views of a majority of the Committee. He was unceasing in his efforts to consummate the construction of this great national work. His theory was, to so locate the initial point of each road as to interest the greatest amount of existing railroad capital in their construction, and his efforts having attracted the attention of that interest would have insured its construction; but a majority of the House, at that session, were against any Pacific Railroad, and the bill did not get to a vote.

General Denver also served as an efficient member of the Committee on Military Affairs, lending, by his experience, wise counsel in the moulding of the military legislation of the country.

During his term in Congress, he struck a blow at a vast scheme of plunder, which deserves for him a lasting commemoration. The Board of Land Commissioners in California had confirmed many of those gigantic claims, the recent exposure of which has developed to the public the facility with which the most fictitious array of evidence can be constructed to acquire in California title to vast amounts of landed property, making millionaires of its concoctors, and destroying good titles to the

same.

At the first session of the thirty-fourth Congress, the owners of California land claims, assembled a large and influential lobby to pass a bill confirming the titles to all the grants which had been approved by the Board of Commissioners. The effect of this was to take from the Government the right of appeal to the United States Circuit and Supreme Courts, as provided for in the act creating the Board of Commissioners. Many of those corrupt schemes had eluded the vigilance of the Land Commissioners, and received a confirmation of their titles. Their pro