Senator of the United States, and Terry the Chief Justice of
California. The challenge given by Terry was promptly accepted.
As will be remembered, in the encounter which immediately followed,
Terry escaped unhurt and Broderick was killed.
I recall vividly the description given me of the meeting between
these men in that early Spring morning in 1859. Both possessed
unquestioned courage. Their demeanor upon the field, as in deadly
attitude they confronted each other a few paces apart, was that of
absolute fearlessness. "Each had set his life upon a cast, and
was ready to stand the hazard of the die."
Rarely have truer words been uttered than those of the gifted Baker
over the dead body of Broderick:
"The code of honor is a delusion and a snare; it palters with
the hope of true courage, and binds it at the feet of crafty and
cruel skill. It surrounds its victim with the pomp and grace of
the procession, but leaves him bleeding on the altar. It
substitutes cold and deliberate preparedness for courage and manly
impulse, and arms the one to disarm the other. It makes the mere
trick of the weapon superior to the noblest cause and the truest
courage. Its pretence of equality is a lie; it is equal in all the
form, it is unjust in all the substance. The habitude of arms,
the early training, the frontier life, the border war, the sectional
custom, the life of leisure, all these are advantages which no
negotiations can neutralize, and which no courage can overcome.
Code of honor! It is a prostitution of the name, is an evasion of
the substance, and is a shield blazoned with the name of chivalry to
cover the malignity of murder."
The tragic ending of the eventful career of Judge Terry, which
occurred within the last decade, will be readily recalled.
Immediately following his assault upon Justice Field at the railway
station in Lathrop, California, he was slain by a deputy United
States marshal. The wife of Terry was at his side, and the scene that
followed beggars description.
The name of Terry at once recalls the "Vigilance Committee" of
early San Francisco days. The committee was composed largely of
leading men of the "law-and-order" element of the city. Robberies
and murders were of nightly occurrence, and gamblers and criminals
in many instances were the incumbents of the public offices.
The organization mentioned became an imperative necessity for
the protection of life and property. The work of the
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