The Forty-Niners Part 8

Behind headquarters was a long shed and stable In which were to be found at all hours saddle horses and artillery horses, saddled and bridled, ready for instant use. Twenty-six pieces of artillery, most of them sent in by captains of vessels in the harbor, were here parked. Other cannon were mounted for the defense of the fort itself. Muskets, rifles, and sabers had been acc.u.mulated. A portable barricade had been constructed in the event of possible street fighting-a sort of wheeled framework that could be transformed into litters or scaling-ladders at will. Mess offices and kitchens were there that could feed a small army. Flags and painted signs carrying the open eye that had been adopted as emblematic of vigilance decorated the main room. A huge alarm bell had been mounted upon the roof. Mattresses, beds, cots, and other furniture necessary to accommodate whole companies on the premises themselves, had been provided. A completely equipped armorers' shop and a hospital with all supplies occupied the third story. The forces were divided into four companies of artillery, one squadron and two troops of cavalry, four regiments and thirty-two companies of infantry, besides the small but very efficient police organization. A tap on the bell gathered these men in an incredibly short s.p.a.ce of time. Bancroft says that, as a rule, within fifteen minutes of the first stroke seven-tenths of the entire forces would be on hand ready for combat.

The Law and Order people recognized the strength of this organization and realized that they must go at the matter in a more thorough manner. They turned their attention to the politics of the structure, and here they had every reason to hope for success. No matter how well organized the Vigilantes might be or how thoroughly they might carry the sympathies of the general public, there was no doubt that they were acting in defiance of const.i.tuted law, and therefore were nothing less than rebels. It was not only within the power, but it was also a duty, of the Governor to declare the city in a condition of insurrection. When he had done this, the state troops must put down the insurrection; and, if they failed, then the Federal Government itself should be called on. Looked at in this way, the small handful of disturbers, no matter how well armed and disciplined, amounted to very little.

Naturally the Governor had first to be won over. Accordingly all the important men of San Francisco took the steamer Senator for Sacramento where they met Judge Terry, of the Supreme Court of California, Volney Howard, and others of the same ilk. No governor of Johnson's nature could long withstand such pressure. He promised to issue the required proclamation of insurrection as soon as it could be "legally proved" that the Vigilance Committee had acted outside the law. The small fact that it had already hanged two and deported a great many others, to say nothing of taking physical possession of the city, meant little to these legal minds.

In order that all things should be technically correct, then, Judge Terry issued a writ of habeas corpus for William Mulligan and gave it into the hands of Deputy Sheriff Harrison for service on the Committee. It was expected that the Committee would deny the writ, which would const.i.tute legal defiance of the State. The Governor would then be justified in issuing the proclamation. If the state troops proved unwilling or inadequate, as might very well be, the plan was then to call on the United States. The local representatives of the central government were at that time General Wool commanding the military department of California, and Captain David Farragut in command of the navy-yard. Within their command was a force sufficient to subdue three times the strength of the Vigilance Committee. William Tec.u.mseh Sherman, then in private life, had been appointed major-general of a division of the state militia. As all this was strictly legal, the plan could not possibly fail.

Harrison took the writ of habeas corpus and proceeded to San Francisco. He presented himself at headquarters and offered his writ. Instead of denying it, the Committee welcomed him cordially and invited him to make a thorough search of the premises. Of course Harrison found nothing-the Committee had seen to that-and departed. The scheme had failed. The Committee had in no way denied his authority or his writ. But Harrison saw clearly what had been expected of him. To Judge Terry he unblus.h.i.+ngly returned the writ endorsed "prevented from service by armed men." For the sake of his cause, Harrison had lied. However, the whole affair was now regarded as legal.

Johnson promptly issued his proclamation. The leaders, in high feather, as promptly turned to the federal authorities for the a.s.sistance they needed. As yet they did not ask for troops but only for weapons with which to arm their own men. To their blank dismay General Wool refused to furnish arms. He took the position that he had no right to do so without orders from Was.h.i.+ngton. There is no doubt, however, that this technical position cloaked the doughty warrior's real sympathies. Colonel Baker and Volney Howard were instructed to wait on him. After a somewhat lengthy conversation, they made the mistake of threatening him with a report to Was.h.i.+ngton for refusing to uphold the law.

"I think, gentlemen," flashed back the veteran indignantly, "I know my duty and in its performance dread no responsibility!" He promptly bowed them out.

In the meantime the Executive Committee had been patiently working down through its blacklist. It finally announced that after June 24 it would consider no fresh cases, and a few days later it proclaimed an adjournment parade on July 4. It considered its work completed and the city safe.

It may be readily imagined that this peaceful outcome did not in the least suit the more aristocratic members of the Law and Order party. They were a haughty, individualistic, bold, forceful, sometimes charming band of fire-eaters. In their opinion they had been deeply insulted. They wanted reprisal and punishment.

When therefore the Committee set a definite day for disbanding, the local authorities and upholders of law were distinctly disappointed. They saw slipping away the last chance for a clash of arms that would put these rebels in their places. There was some thought of arresting the ringleaders, but the courts were by now so well terrorized that it was by no means certain that justice as defined by the Law and Order party could be accomplished. And even if conviction could be secured, the representatives of the law found little satisfaction in ordinary punishment. What they wanted was a fight.

General Sherman had resigned his command of the military forces in disgust. In his stead was chosen General Volney Howard, a man typical of his cla.s.s, blinded by his prejudices and his pa.s.sions, filled with a sense of the importance of his caste, and without grasp of the broader aspects of the situation. In the Committee's present att.i.tude he saw not the signs of a job well done, but indications of weakening, and he considered this a propitious moment to show his power. In this att.i.tude he received enthusiastic backing from Judge Terry and his narrow coterie. Terry was then judge of the Supreme Court; and a man more unfitted for the position it would be difficult to find. A tall, attractive, fire-eating Texan with a charming wife, he stood high in the social life of the city. His temper was undisciplined and completely governed his judgment. Intensely partisan and, as usual with his cla.s.s, touchy on the point of honor, he did precisely the wrong thing on every occasion where cool decision was demanded.

It was so now. The Law and Order party persuaded Governor Johnson to order a parade of state troops in the streets of San Francisco. The argument used was that such a parade of legally organized forces would overawe the citizens. The secret hope, however, which was well founded, was that such a display would promote the desired conflict. This hope they shared with Howard, after the Governor's orders had been obtained. Howard's vanity jumped with his inclination. He consented to the plot. A more ill-timed, idiotic maneuver, with the existing state of the public mind, it would be impossible to imagine. Either we must consider Terry and Howard weak-minded to the point of an inability to reason from cause to effect, or we must ascribe to them more sinister motives.

By now the Law and Order forces had become numerically more formidable. The lower element flocked to the colors through sheer fright. A certain proportion of the organized remained in the ranks, though a majority had resigned. There was, as is usual in a new community, a very large contingent of wild, reckless young men without a care in the world, with no possible interest in the rights and wrongs of the case, or, indeed, in themselves. They were eager only for adventure and offered themselves just as soon as the prospects for a real fight seemed good. Then, too, they could always count on the five hundred Texans who had been imported.

There were plenty of weapons with which to arm these partisans. Contrary to all expectations, the Vigilance Committee had scrupulously refrained from interfering with the state armories. All the muskets belonging to the militia were in the armories and were available in different parts of the city. In addition, the State, as a commonwealth, had a right to a certain number of federal weapons stored in a.r.s.enals at Benicia. These could be requisitioned in due form.

But at this point, it has been said, the legal minds of the party conceived a bright plan. The muskets at Benicia on being requisitioned would have to cross the bay in a vessel of some sort Until the muskets were actually delivered they were federal property. Now if the Vigilance Committee were to confiscate the arms while on the transporting vessel, and while still federal property, the act would be piracy; the interceptors, pirates. The Law and Order people could legally call on the federal forces, which would be compelled to respond. If the Committee of Vigilance did not fall into this trap, then the Law and Order people would have the muskets anyway.[7]

[7: Mr. H.H. Bancroft, in his Popular Tribunals, holds that no proof of this plot exists.]

To carry out this plot they called in a saturnine, lank, drunken individual whose name was Hube Maloney. Maloney picked out two men of his own type as a.s.sistants. He stipulated only that plenty of "refreshments" should be supplied. According to instructions Maloney was to operate boldly and flagrantly in full daylight. But the refreshment idea had been rather liberally interpreted. By six o'clock Rube had just sense enough left to anchor off Pueblo Point. There all gave serious attention to the rest of the refreshments, and finally rolled over to sleep off the effects.

In the meantime news of the intended s.h.i.+pment had reached the headquarters of the Vigilantes.

The Executive Committee went into immediate session. It was evident that the proposed disbanding would have to be postponed. A discussion followed as to methods of procedure to meet this new crisis. The Committee fell into the trap prepared for it. Probably no one realized the legal status of the muskets, but supposed them to belong already to the State. Marshal Doane was instructed to capture them. He called to him the chief of the harbor police. "Have you a small vessel ready for immediate service?" he asked this man. "Yes, a sloop, at the foot of this street." "Be ready to sail in half an hour."

Doane then called to his a.s.sistance a quick-witted man named John Durkee. This man had been a member of the regular city police until the shooting of James King of William. At that time he had resigned his position and joined the Vigilance police. He was loyal by nature, steady in execution, and essentially quick-witted, qualities that stood everybody in very good stead as will be shortly seen. He picked out twelve reliable men to a.s.sist him, and set sail in the sloop.

For some hours he beat against the wind and the tide; but finally these became so strong that he was forced to anchor in San Pablo Bay until conditions had modified. Late in the afternoon he was again able to get under way. Several of the tramps sailing about the bay were overhauled and examined, but none proved to be the prize. About dark the breeze died, leaving the little sloop barely under steerageway. A less persistent man than Durkee would have anch.o.r.ed for the night, but Durkee had received his instructions and intended to find the other sloop, and it was he himself who first caught the loom of a shadow under Pueblo Point.

He bore down and perceived it to be the sloop whose discovery he desired. The twelve men boarded with a rush, but found themselves in possession of an empty deck. The fumes of alcohol and the sound of snoring guided the boarding-party to the object of their search and the scene of their easy victory. Durkee transferred the muskets and prisoners to his own craft; and returned to the California Street wharf shortly after daylight. A messenger was dispatched to headquarters. He returned with instructions to deliver the muskets but to turn loose the prisoners. Durkee was somewhat astonished at the latter order but complied.

"All right," he is reported to have said. "Now, you measly hounds, you've got just about twenty-eight seconds to make yourselves as scarce as your virtues."

Maloney and his crew wasted few of the twenty-eight seconds in starting, but once out of sight they regained much of their bravado. A few drinks restored them to normal, and enabled them to put a good face on the report they now made to their employers. Maloney and his friends then visited in turn all the saloons. The drunker they grew, the louder they talked, reviling the Committee collectively and singly, bragging that they would shoot at sight Coleman, Truett, Durkee, and several others whom they named. They flourished weapons publicly, and otherwise became obstreperous. The Committee decided that their influence was bad and instructed Sterling Hopkins, with four others, to arrest the lot and bring them in.

The news of this determination reached the offending parties. They immediately fled to their masters like cur dogs. Their masters, who included Terry, Bowie, and a few others, happened to be discussing the situation in the office of Richard Ashe, a Texan. The crew burst into this gathering very much scared, with a statement that a "thousand stranglers" were at their heels. Hopkins, having left his small posse at the foot of the stairs, knocked and entered the room. He was faced by the muzzles of half a dozen pistols and told to get out of there. Hopkins promptly obeyed.

If Terry had possessed the slightest degree of leaders.h.i.+p he would have seen that this was the worst of all moments to precipitate a crisis. The forces of his own party were neither armed nor ready. But here, as in all other important crises of his career, he was governed by the haughty and headstrong pa.s.sion of the moment.

Hopkins left his men on guard at the foot of the stairs, borrowed a horse from a pa.s.ser-by, and galloped to headquarters. There he was instructed to return and stay on watch, and was told that reinforcements would soon follow. He arrived before the building in which Ashe's office was located in time to see Maloney, Terry, Ashe, McNabb, Bowie, and Howe, all armed with shot-guns, just turning a far corner. He dismounted and called on his men, who followed. The little posse dogged the judge's party for some distance. For a little time no attention was paid to them. But as they pressed closer, Terry, Ashe, and Maloney turned and presented their shot-guns. This was probably intended only as a threat, but Hopkins, who was always overbold, lunged at Maloney. Terry thrust his gun at a Vigilante who seized it by the barrel. At the same instant Ashe pressed the muzzle of his weapon against the breast of a man named Bovee, but hesitated to pull the trigger. It was not at that time as safe to shoot men in the open street as it had been formerly. Barry covered Rowe with a pistol. Rowe dropped his gun and ran towards the armory. The accidental discharge of a pistol seemed to unnerve Terry. He whipped out a long knife and plunged it into Hopkins's neck. Hopkins relaxed his hold on Terry's shot-gun and staggered back.

"I am stabbed! Take them, Vigilantes!" he said.

He dropped to the sidewalk. Terry and his friends ran towards the armory. Of the Vigilante posse only Bovee and Barry remained, but these two pursued the fleeing Law and Order men to the very doors of the armory itself. When the portals were slammed in their faces they took up their stand outside; and alone these two men held imprisoned several hundred men! During the next few minutes several men attempted entrance to the armory, among them our old friend Volney Howard. All were turned back and were given the impression that the armory was already in charge, of the Vigilantes. After a little, however, doubtless to the great relief of the "outside garrison" of the armory, the great Vigilante bell began to boom out its signals: one, two, three-rest; one, two, three-rest; and so on.

Instantly the streets were alive with men. Merchants left their customers, clerks their books, mechanics their tools. Draymen stripped their horses of harness, abandoned their wagons, and rode away to join their cavalry. Within an incredibly brief s.p.a.ce of time everybody was off for the armory, the military companies marching like veterans, the artillery rumbling over the pavement. The cavalry, jogging along at a slow trot, covered the rear. A huge and roaring mob accompanied them, followed them, raced up the side-streets to arrive at the armory at the same time as the first files of the military force. They found the square before the building entirely deserted except for the dauntless Barry and Bovee, who still marched up and down singlehanded, holding the garrison within. They were able to report that no one had either entered or left the armory.

Inside the building the spirit had become one of stubborn sullenness. Terry was very sorry-as, indeed, he well might be-a Judge of the Supreme Court, who had no business being in San Francisco at all. Sworn to uphold the law, and ostensibly on the side of the Law and Order party, he had stepped out from his jurisdiction to commit as lawless and as idiotic a deed of pa.s.sion and prejudice as could well have been imagined. Whatever chances the Law and Order party might have had heretofore were thereby dissipated. Their troops were scattered in small units; their rank and file had disappeared no one knew where; their enemies were fully organized and had been mustered by the alarm bell to their usual alertness and capability; and Terry's was the hand that had struck the bell!

He was reported as much chagrined.

"This is very unfortunate, very unfortunate," he said; "but you shall not imperil your lives for me. It is I they want. I will surrender to them."

Instead of the prompt expostulations which he probably expected, a dead silence greeted these words.

"There is nothing else to do," agreed Ashe at last.

An exchange of notes in military fas.h.i.+on followed. Ashe, as commander of the armory and leader of the besieged party, offered to surrender to the Executive Committee of the Vigilantes if protected from violence. The Executive Committee demanded the surrender of Terry, Maloney, and Philips, as well as of all arms and ammunition, promising that Terry and Maloney should be protected against persons outside the organization. On receiving this a.s.surance, Ashe threw open the doors of the armory and the Vigilantes marched in.

"All present were disarmed," writes Bancroft. "Terry and Maloney were taken charge of and the armory was quickly swept of its contents. Three hundred muskets and other munitions of war were carried out and placed on drays. Two carriages then drove up, in one of which was placed Maloney and in the other Terry. Both were attended by a strong escort, Olney forming round them with his Citizens' Guard, increased to a battalion. Then in triumph the Committee men, with their prisoners and plunder enclosed in a solid body of infantry and these again surrounded by cavalry, marched back to their rooms."

Nor was this all. Coleman, like a wise general, realizing that compromise was no longer possible, sent out his men to take possession of all the encampments of the Law and Order forces. The four big armories were cleaned out while smaller squads of men combed the city house by house for concealed arms. By midnight the job was done. The Vigilantes were in control of the situation.

CHAPTER XVI

THE TRIUMPH OF THE VIGILANTES

Judge Terry was still a th.o.r.n.y problem to handle. After all, he was a Judge of the Supreme Court. At first his att.i.tude was one of apparent humility, but as time went on he regained his arrogant att.i.tude and from his cell issued defiances to his captors. He was aided and abetted by his high-spirited wife, and in many ways caused the members of the Committee a great deal of trouble. If Hopkins were to die, they could do no less than hang Terry in common consistency and justice. But they realized fully that in executing a Justice of the Supreme Court they would be wading into pretty deep water. The state and federal authorities were inclined to leave them alone and let them work out the manifestly desirable reform, but it might be that such an act would force official interference. As one member of the Committee expressed it, "They had gone gunning for ferrets and had coralled a grizzly." Nevertheless Terry was indicted before the Committee on the following counts, a statement of which gives probably as good a bird's eye view of Terry as numerous pages of personal description:

Resisting with violence the officers of the Vigilance Committee while in the discharge of their duties.

Committing an a.s.sault with a deadly weapon with intent to kill Sterling A. Hopkins on June 21, 1856.

Various breaches of the peace and attacks upon citizens while in the discharge of their duties, specified as follows: 1. Resistance in 1853 to a writ of habeas corpus on account of which one Roach escaped from the custody of the law, and the infant heirs of the Sanchez family were defrauded of their rights.

2. An attack in 1853 on a citizen of Stockton named Evans.

3. An attack in 1853 on a citizen in San Francisco named Purdy.

4. An attack at a charter election on a citizen of Stockton named King.

5. An attack in the court house of Stockton on a citizen named Broadhouse.

Before Terry's case came to trial it was known that Hopkins was not fatally wounded. Terry's confidence immediately rose. Heretofore he had been somewhat, but not much, humbled. Now his haughty spirit blazed forth as strongly as ever. He was tried in due course, and was found guilty on the first charge and on one of the minor charges. On the accusation of a.s.sault with intent to kill, the Committee deliberated a few days, and ended by declaring him guilty of simple a.s.sault. He was discharged and told to leave the State. But, for some reason or other, the order was not enforced.

Undoubtedly he owed his discharge in this form to the evident fact that the Committee did not know what to do with him. Terry at once took the boat for Sacramento, where for some time he remained in comparative retirement. Later he emerged in his old role, and ended his life by being killed at the hands of an armed guard of Justice Stephen Field whom Terry a.s.saulted without giving Field a chance to defend himself.

While these events were going forward, the Committee had convicted and hanged two other men, Hetherington and Brace. In both instances the charge was murder of the most dastardly kind. The trials were conducted with due regard to the forms of law and justice, and the men were executed in an orderly fas.h.i.+on. These executions would not be remarkable in any way, were it not for the fact that they rounded out the complete tale of executions by the Vigilance Committee. Four men only were hanged in all the time the Committee held its sway. Nevertheless the manner of the executions and the spirit that actuated all the officers of the organization sufficed to bring about a complete reformation in the administration of justice.

About this time also the danger began to manifest itself that some of the less conscientious and, indeed, less important members of the Committee might attempt through political means to make capital of their connections. A rule was pa.s.sed that no member of the Committee of Vigilance should be allowed to hold political office. Shortly after this decision, William Rabe was suspended for "having attempted to introduce politics into this body and for attempting to overawe the Executive Committee."