I remained in San Francisco till July 3d, when, having collected and remitted every cent that I could raise, and got all the property in the best shape possible, hearing from St. Louis that business had revived, and that there was no need of further sacrifice; I put all the papers, with a full letter of instructions, and power of attorney, in the hands of William Blending, Esq., and took passage on the good steamer Golden Gate, Captain Whiting, for Panama and home. I reached Lancaster on July 28, 1858, and found all the family well. I was then perfectly unhampered, but the serious and greater question remained, what was I to do to support my family, consisting of a wife and four children, all accustomed to more than the average comforts of life?
I remained at Lancaster all of August, 1858, during which time I was discussing with Mr. Ewing and others what to do next. Major Turner and Mr. Lucas, in St. Louis, were willing to do any thing to aid me, but I thought best to keep independent. Mr. Ewing had property at Chauncey, consisting of salt-wells and coal-mines, but for that part of Ohio I had no fancy. Two of his sons, Hugh and T. E., Jr., had established themselves at Leavenworth, Kansas, where they and their father had bought a good deal of land, some near the town, and some back in the country. Mr. Ewing offered to confide to me the general management of his share of interest, and Hugh and T. E., Jr., offered me an equal copartnership in their law-firm.
Accordingly, about the 1st of September, I started for Kansas, stopping a couple of weeks in St. Louis, and reached Leavenworth. I found about two miles below the fort, on the river-bank, where in 1851 was a tangled thicket, quite a handsome and thriving city, growing rapidly in rivalry with Kansas City, and St. Joseph, Missouri. After looking about and consulting with friends, among them my classmate Major Stewart Van Vliet, quartermaster at the fort, I concluded to accept the proposition of Mr. Ewing, and accordingly the firm of Sherman & Ewing was duly announced, and our services to the public offered as attorneys-at-law. We had an office on Main Street, between Shawnee and Delaware, on the second floor, over the office of Hampton Denman, Esq., mayor of the city. This building was a mere shell, and our office was reached by a stairway on the outside. Although in the course of my military reading I had studied a few of the ordinary law-books, such as Blackstone, Kent, Starkie, etc., I did not presume to be a lawyer; but our agreement was that Thomas Ewing, Jr., a good and thorough lawyer, should manage all business in the courts, while I gave attention to collections, agencies for houses and lands, and such business as my experience in banking had qualified me for. Yet, as my name was embraced in a law-firm, it seemed to me proper to take out a license. Accordingly, one day when United States Judge Lecompte was in our office, I mentioned the matter to him; he told me to go down to the clerk of his court, and he would give me the license. I inquired what examination I would have to submit to, and he replied, "None at all;" he would admit me on the ground of general intelligence.
During that summer we got our share of the business of the profession, then represented by several eminent law-firms, embracing names that have since flourished in the Senate, and in the higher courts of the country. But the most lucrative single case was given me by my friend Major Van Vliet, who employed me to go to Fort Riley, one hundred and thirty-six miles west of Fort Leavenworth, to superintend the repairs to the military road. For this purpose he supplied me with a four-mule ambulance and driver. The country was then sparsely settled, and quite as many Indians were along the road as white people; still there were embryo towns all along the route, and a few farms sprinkled over the beautiful prairies. On reaching Indianola, near Topeka, I found everybody down with the chills and fever. My own driver became so shaky that I had to act as driver and cook. But in due season I reconnoitred the road, and made contracts for repairing some bridges, and for cutting such parts of the road as needed it. I then returned to Fort Leavenworth, and reported, receiving a fair compensation. On my way up I met Colonel Sumner's column, returning from their summer scout on the plains, and spent the night with the officers, among whom were Captains Sackett, Sturgis, etc. Also at Fort Riley I was cordially received and entertained by some old army-friends, among them Major Sedgwick, Captains Totted, Eli Long, etc.
Mrs. Sherman and children arrived out in November, and we spent the winter very comfortably in the house of Thomas Ewing, Jr., on the corner of Third and Pottawottamie Streets. On the 1st of January, 1859, Daniel McCook, Esq., was admitted to membership in our firm, which became Sherman, Ewing & McCook. Our business continued to grow, but, as the income hardly sufficed for three such expensive personages, I continued to look about for something more certain and profitable, and during that spring undertook for the Hon. Thomas Ewing, of Ohio, to open a farm on a large tract of land he owned on Indian Creek, forty miles west of Leavenworth, for the benefit of his grand-nephew, Henry Clark, and his grand-niece, Mrs. Walker. These arrived out in the spring, by which time I had caused to be erected a small frame dwelling-house, a barn, and fencing for a hundred acres. This helped to pass away time, but afforded little profit; and on the 11th of June, 1859, I wrote to Major D. C. Buel, assistant adjutant-general, on duty in the War Department with Secretary of War Floyd, inquiring if there was a vacancy among the army paymasters, or any thing in his line that I could obtain. He replied promptly, and sent me the printed programme for a military college about to be organized in Louisiana, and advised me to apply for the superintendent's place, saying that General G. Mason Graham, the half-brother of my old commanding-general, R. B. Mason, was very influential in this matter, and would doubtless befriend me on account of the relations that had existed between General Mason and myself in California. Accordingly, I addressed a letter of application to the Hon. R. C. Wickliffe, Baton Rouge, Louisiana, asking the answer to be sent to me at Lancaster, Ohio, where I proposed to leave my family. But, before leaving this branch of the subject, I must explain a little matter of which I have seen an account in print, complimentary or otherwise of the firm of Sherman, Ewing & McCook, more especially of the senior partner.
One day, as I sat in our office, an Irishman came in and said he had a case and wanted a lawyer. I asked him to sit down and give me the points of his case, all the other members of the firm being out. Our client stated that he had rented a lot of an Irish landlord for five dollars a month; that he had erected thereon a small frame shanty, which was occupied by his family; that he had, paid his rent regularly up to a recent period, but to his house he had appended a shed which extended over a part of an adjoining vacant lot belonging to the same landlord, for which he was charged two and a half dollars a month, which he refused to pay. The consequence was, that his landlord had for a few months declined even his five dollars monthly rent until the arrears amounted to about seventeen dollars, for which he was sued. I told him we would undertake his case, of which I took notes, and a fee of five dollars in advance, and in due order I placed the notes in the hands of McCook, and thought no more of it.
A month or so after,