Nathaniel Bennett

June 27, 1818 (age 67)

Clinton, Oneida County, New York, United States

Bennett was admitted as an attorney in 1840 and a counsellor in 1843, at the same time actively interesting himself in politics. He became an ardent supporter of the "Barnburners" cause, and was a member of the convention at Buffalo in 1848 which nominated Van Buren for the presidency. His health had never been strong, necessitating periodical vacations during which he had sought relief in extensive travel, and on the discovery of gold in California in 1849 he determined to settle on the Pacific Coast. Journeying by way of Panama, he landed in San Francisco June 30, 1849, and proceeded to the mining camps. Locating on the Tuolumne River, he made a lucky strike and in three months had realized a considerable fortune. Bennett returned to San Francisco in October, and opened a law office in partnership with John Satterlee who subsequently became a judge. California had just adopted a constitution preparatory to admission as a state, and at the ensuing elections Bennett was returned as a senator for San Francisco. The first matter to come before the new legislature was the basic law of the new state, as a strong feeling had been manifested in favor of the Louisiana Civil Code in preference to the English Common Law. A Senate judiciary committee, on which Bennett served, was appointed to investigate, and it reported, February 27, 1850, recommending that the courts be governed in their adjudications by the English Common Law as received and modified in the United States. This report, in the preparation of which he exercised a weighty influence, was accepted and acted upon. In the meantime Bennett had been elected by the legislature as associate justice of the new supreme court of California. At the request of his colleagues he assumed the task of reporting the decisions of the court and in 1852 published Reports of Cases Determined in the Supreme Court of California, vol. I, embracing all decisions of the court from its organization in March 1850 to the end of June term, 1851. His preface contains an authoritative account of the conditions in California previous to the organization of the state government. He retained his position but a short time, resigning October 3, 1851, and paying an extended visit to the East. On his return to San Francisco in 1853 Bennett resumed practise and acquired an extensive clientele, chiefly associated with "big" business. Affiliating himself with the Republican party, he officiated as chairman of the first Republican state convention at Sacramento, and was nominated in 1857 for judge of the supreme court on the party ticket but met with defeat. Thenceforth he devoted himself to his profession, being for some years prior to his death admittedly the leader of the state bar. He became very prominent in connection with the notorious litigation known as the "Bonanza Suits. " In May 1878, action was brought against John W. Mackay, James G. Fair, and others, alleging misappropriation of funds of the Consolidated Virginia Mining Company, and other suits followed involving approximately $36, 000, 000. He acted as attorney for the plaintiff in some of these actions, which were ultimately compromised on terms which were never divulged. Bennett died in San Francisco, April 20, 1886.

Nathaniel Bennett

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Background

Nathaniel Bennett was born on June 27, 1818, at Clinton, Oneida County, New York, and passed his youth on his father's farm.

Education

In 1832, having spent two years at Partridge's Military School, Buffalo, Nathaniel entered Canandaigua Academy, where one of his schoolmates was Stephen A. Douglas, passing from there to Hamilton College, and completing his education at Yale University, where, however, he did not graduate. He then studied law at Buffalo.

Career

Bennett was admitted as an attorney in 1840 and a counsellor in 1843, at the same time actively interesting himself in politics. He became an ardent supporter of the "Barnburners" cause, and was a member of the convention at Buffalo in 1848 which nominated Van Buren for the presidency. His health had never been strong, necessitating periodical vacations during which he had sought relief in extensive travel, and on the discovery of gold in California in 1849 he determined to settle on the Pacific Coast. Journeying by way of Panama, he landed in San Francisco June 30, 1849, and proceeded to the mining camps. Locating on the Tuolumne River, he made a lucky strike and in three months had realized a considerable fortune.

Bennett returned to San Francisco in October, and opened a law office in partnership with John Satterlee who subsequently became a judge. California had just adopted a constitution preparatory to admission as a state, and at the ensuing elections Bennett was returned as a senator for San Francisco. The first matter to come before the new legislature was the basic law of the new state, as a strong feeling had been manifested in favor of the Louisiana Civil Code in preference to the English Common Law. A Senate judiciary committee, on which Bennett served, was appointed to investigate, and it reported, February 27, 1850, recommending that the courts be governed in their adjudications by the English Common Law as received and modified in the United States. This report, in the preparation of which he exercised a weighty influence, was accepted and acted upon.

In the meantime Bennett had been elected by the legislature as associate justice of the new supreme court of California. At the request of his colleagues he assumed the task of reporting the decisions of the court and in 1852 published Reports of Cases Determined in the Supreme Court of California, vol. I, embracing all decisions of the court from its organization in March 1850 to the end of June term, 1851. His preface contains an authoritative account of the conditions in California previous to the organization of the state government. He retained his position but a short time, resigning October 3, 1851, and paying an extended visit to the East.

On his return to San Francisco in 1853 Bennett resumed practise and acquired an extensive clientele, chiefly associated with "big" business. Affiliating himself with the Republican party, he officiated as chairman of the first Republican state convention at Sacramento, and was nominated in 1857 for judge of the supreme court on the party ticket but met with defeat. Thenceforth he devoted himself to his profession, being for some years prior to his death admittedly the leader of the state bar. He became very prominent in connection with the notorious litigation known as the "Bonanza Suits. " In May 1878, action was brought against John W. Mackay, James G. Fair, and others, alleging misappropriation of funds of the Consolidated Virginia Mining Company, and other suits followed involving approximately $36, 000, 000. He acted as attorney for the plaintiff in some of these actions, which were ultimately compromised on terms which were never divulged. Bennett died in San Francisco, April 20, 1886.

Achievements

Nathaniel Bennett was a successful lawyer who also served as judge of the San Francisco Superior Court; senator from the district of San Francisco, California State Senate (1849); Associate Justice of the California Supreme Court (1849-1852). He also published Reports of Cases Determined in the Supreme Court of California (1852).

Membership

Nathaniel Bennett was a member of the Society of California Pioneers; the Republican party.

Personality

Somewhat paradoxically, though "a slow deliberate pertinacious man, " Bennett was a brilliant speaker, frequently called upon on great public occasions. As a lawyer he acquired a wide reputation, enjoying the confidence of leading financial and industrial institutions. In a pioneer community his scholarship and general culture were considered remarkable.

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