THE TRIUMPH OF THE VIGILANTES
Judge Terry was still a thorny problem to handle. After all, he was a
Judge of the Supreme Court. At first his attitude was one of apparent
humility, but as time went on he regained his arrogant attitude 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 assault 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 assault with intent to kill, the Committee deliberated a
few days, and ended by declaring him guilty of simple assault. 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 rôle, and ended his life by
being killed at the hands of an armed guard of Justice Stephen Field
whom Terry assaulted 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 fashion. 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 passed 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."
After the execution of the two men mentioned, the interesting trial of
Durkee for piracy, the settlement by purchase of certain private claims
against city land, and the deportation of a number of undesirable
citizens, the active work of the Committee was practically over. It
held complete power and had also gained the confidence of probably
nine-tenths of the population. Even some of the erstwhile members of the
Law and Order party, who had adhered to the forms of legality through
principle, had now either ceased opposition, or had come over openly to
the side of the Committee. Another date of adjournment was decided upon.
The gunnybag barricades were taken down on the fourteenth of August. On
the sixteenth, the rooms of the building were ordered thrown open to all
members of the Committee, their friends, their families, for a grand
reception on the following week. It was determined then not to
disorganize but to adjourn _sine die_. The organization was still to be
held, and the members were to keep themselves ready whenever the need
should arise. But preparatory to adjournment it was decided to hold a
grand military review on the eighteenth of August. This was to leave a
final impression upon the public mind of the numbers and powder of the
Committee.
The parade fulfilled its function admirably. The Grand Marshal and his
staff led, followed by the President and the Military Commanding General
with his staff. Then marched four companies of artillery with fifteen
mounted cannon. In their rear was a float representing Fort Gunnybags
with imitation cannon. Next came the Executive Committee mounted, riding
three abreast; then cavalry companies and the medical staff, which
consisted of some fifty physicians of the town. Representatives of the
Vigilance Committee of 1851 followed in wagons with a banner; then four
regiments of infantry, more cavalry, citizen guards, pistol men,
Vigilante police. Over six thousand men were that day in line, all
disciplined, all devoted, all actuated by the highest motives, and
conscious of a job well done.
The public reception at Fort Gunnybags was also well attended. Every one
was curious to see the interior arrangement. The principal entrance was
from Sacramento Street and there was also a private passage from another
street. The doorkeeper's box was prominently to the front where each one
entering had to give the pass-word. He then proceeded up the stairs to
the floor above. The first floor was the armory and drill-room. Around
the sides were displayed the artillery harness, the flags,
bulletin-boards, and all the smaller arms. On one side was a lunch stand
where coffee and other refreshments were dispensed to those on guard.
On the opposite side were offices for every conceivable activity. An
immense emblematic eye painted on the southeast corner of the room
glared down on each as he entered. The front of the second floor was
also a guard-room, armory, and drilling floor. Here also was painted the
eye of Vigilance, and here was exhibited the famous ballot-box whose
sides could separate the good ballots from the bad ballots. Here also
were the meeting-rooms for the Executive Committee and a number of cells
for the prisoners. The police-office displayed many handcuffs, tools of
captured criminals, relics, clothing with bullet holes, ropes used for
hanging, bowie-knives, burglar's tools, brass knuckles, and all the
other curiosities peculiar to criminal activities. The third story of
the building had become the armorer's shop, and the hospital. Eight or
ten workmen were employed in the former and six to twenty cots were
maintained in the latter. Above all, on the roof, supported by a strong
scaffolding, hung the Monumental bell whose tolling summoned the
Vigilantes when need arose.
Altogether the visitors must have been greatly impressed, not only with
the strength of the organization, but also with the care used in
preparing it for every emergency, the perfection of its discipline, and
the completeness of its equipment. When the Committee of Vigilance of
1856 adjourned subject to further call, there must have been in most
men's minds the feeling that such a call could not again arise for years
to come.
Yet it was not so much the punishment meted out to evil-doers that
measures the success of the Vigilante movement. Only four villains were
hanged; not more than thirty were banished. But the effect was the same
as though four hundred had been executed. It is significant that not
less than eight hundred went into voluntary exile.
"What has become of your Vigilance Committee?" asked a stranger naïvely,
some years later.
"Toll the bell, sir, and you'll see," was the reply[8].
[8: Bancroft, _Popular Tribunals_, 11, 695.]
BIBLIOGRAPHICAL NOTE
California has been fortunate in her historians. Every student of the
history of the Pacific coast is indebted to the monumental work of
Hubert H. Bancroft. Three titles concern the period of the Forty-niners:
_The History of California_, 7 vols. (1884-1890); _California Inter
Pocula, 1848-56_ (1888); _Popular Tribunals_, 2 vols. (1887). Second
only to these volumes in general scope and superior in some respects is
T.H. Hittell's _History of California_, 4 vols. (1885-1897). Two other
general histories of smaller compass and covering limited periods are
I.B. Richman's _California under Spain and Mexico, 1535-1847_ (1911),
and Josiah Royce's _California, 1846-1856_ (1886). The former is a
scholarly but rather arid book; the latter is an essay in interpretation
rather than a narrative of events. One of the chief sources of
information about San Francisco in the days of the gold fever is _The
Annals of San Francisco_ (1855) by Soulé and others.
Contemporary accounts of California just before the American occupation
are of varying value. One of the most widely read books is R.H. Dana's
_Two Years before the Mast_ (1840). The author spent parts of 1835 and
1836 in California. _The Personal Narrative of James O. Pattie_ (1831)
is an account of six years' travel amid almost incredible hardships from
St. Louis to the Pacific and back through Mexico. W.H. Thomes's _On Land
and Sea, or California in the Years 1843, '44, and '45_ (1892) gives
vivid pictures of old Mexican days. Two other books may be mentioned
which furnish information of some value: Alfred Robinson, _Life in
California_ (1846) and Walter Colton, _Three Years in California_
(1850).
Personal journals and narratives of the Forty-niners are numerous, but
they must be used with caution. Their accuracy is frequently open to
question. Among the more valuable may be mentioned Delano's _Life on the
Plains and among the Diggings_ (1854); W.G. Johnston's _Experience of a
Forty-niner_ (1849); T.T. Johnson's _Sights in the Gold Region and
Scenes by the Way_ (1849); J.T. Brooks's _Four Months among the
Gold-Finders_ (1849); E.G. Buffum's _Six Months in the Gold Mines_
(1850)--the author was a member of the "Stevenson Regiment"; James
Delevan's _Notes on California and the Placers: How to get there and
what to do afterwards_ (1850); and W.R. Ryan's _Personal Adventures in
Upper and Lower California, in 1848-9_ (1850).
Others who were not gold-seekers have left their impression of
California in transition, such as Bayard Taylor in his _Eldorado_, 2
vols. (1850), and J.W. Harlan in his _California '46 to '88_ (1888). The
latter was a member of Frémont's battalion. The horrors of the overland
journey are told by Delano in the book already mentioned and by W.L.
Manly, _Death Valley in '49_ (1894).
The evolution of law and government in primitive mining communities is
described in C.H. Shinn's _Mining Camps. A Study in American Frontier
Government_ (1885). The duties of the border police are set forth with
thrilling details by Horace Bell, _Reminiscences of a Ranger or Early
Times in Southern California_ (1881). An authoritative work on the
Mormons is W.A. Linn's _Story of the Mormons_ (1902).
For further bibliographical references the reader is referred to the
articles on _California, San Francisco, The Mormons_, and _Frémont_, in
_The Encyclopaedia Britannica_, 11th Edition.
INDEX
Alvarado, Governor of California, 15-16, 18, 23
"Arcadian Age," 58-62
Ashe, Richard, 251, 252
Baker, Edward, Colonel, 236, 244
"Bear Flag Revolution," 32-36
Benton, T.H., father-in-law to Frémont, 29;
exerts influence in Frémont's behalf, 40
Bluxome, Isaac, 202, 204
Bovee, 253
Bowie, 251, 252
Brannan, Sam, 56-57, 155, 189
Cahuenga, Treaty of (1847), 42
California, inhabitants, 1
occupation by Spain, 2 et seq
classes, 5-6
life of early settlers, 6 et seq
advent of foreign residents, 13 et seq
population in 1840, 16-17
arrival of two parties of settlers (1841), 17
Frémont's expedition, 29
military conquest by U.S., 30 et seq.
Mexican laws in, 46-50;
constitutional convention (1849), 50-52
influence of discovery of gold, 52-54
overland migration to, 67 et seq
journey by way of Panama to, 96 et seq
life in the gold fields, 107 et seq
city life in 1849, 119 et seq
law, 174-176; politics, 176-180
financial stringency (1855), 181-183
_California Star_, the, 123
Carson, Kit, 38
Casey, J.P., 191, 192 et seq, 220 et seq
Chagres in 1849, 99-100
Cole, Beverly, 202
Coleman, W.T., 201, 202, 204, 205, 211 et seq, 251
Cora, Charles, trial of, 189-191
re-trial by Vigilantes, 225-226
_Daily Evening Bulletin_, 184-188, 190
Delano, 75
Dempster, Clancey, 201, 202, 204
Den, Nicholas, 14
Doane, Charles, 219
Donner party, 26
Dows, James, 202
Duane, Charles, 235
Durkee, John, 249-251
Farragut, David, 242
Farwell, 201
Frémont, J.C., expedition, 29 et seq
personal characteristics, 40-41, 44-45
negotiates treaty with Californians, 42
appointed Governor of California, 42
asks permission to form expedition against Mexico, 43-44
court-martialed and dismissed from service, 44
Gatun in 1849, 100-01
Gavilán Peak, U.S. flag raised at, 30
Gift, Colonel, 218
Gillespie, Lieutenant, 30, 31-32
Gold, influence of discovery upon life in California, 52-54;
discovered by Marshall (1848), 55;
news brought to East, 62;
influence in Europe, 65-66;
the diggings, 106 et seq.
Graham, Isaac, 15-16
Green, Talbot, 172
Harlan, William, account of overland journey, 68-69;
quoted, 121;
experience in San Francisco, 128;
Hartnell, 14
_Herald_, 200
Hittell, T.H., recounts incidents of overland journey, 70, 72
Hopkins, Sterling, 251, 252
Hossefross, 202
"Hounds," The, 137-39
Howard, Volney, 241, 244, 245, 246
Ide, W.B., 34
Indian menace to immigrant trains, 71
Jenkins, John, trial of, 153-156
Johnson, J.N., Governor of California, 210 et seq.
Johnston, Captain, 38
Kearny. General Stephen Watts, 37 et seq.
Kearny, Woolley, 235
Kelly, John, 115
King, James, of William, 183, 184 et seq., 207-08, 227
Larkin, T.O., 28-29
"Law and Order" party, 179, 208;
clash with Vigilantes, 236 et seq.
Leese, Jacob, 33
McGlynn, J.A., 129-30
McGowan, Edward, 195-96, 235
McLean, William, 235
McNabb, 252
Maloney, Rube, 248, 251, 252
Marshall, James, discovers gold, 55
Mason, Colonel R.B., 46
Meiggs, Harry, 172
Merritt, 33
Mesa, Battle of the, 41
Mexican government in California,
attitude toward settlers, 17-19, 27
Mexican War, influence upon affairs in California, 35
Missions established by "Sacred Expedition," 3
Montgomery, Lieutenant, 35
Mormons, 19-20, 56-57, 77 et seq.
Mountain Meadows massacre, 95
Musgrave, J.D., 235
Oregon question, effect upon Western migration, 20-21, 55
Oregon Trail, 21-22
Panama as a route to California, 96 et seq.
Panama, city of, in 1849, 102-103
Pattie, James, 14
Pico, Andrés, 37
Portolá, 2
Pratt, P.P., 80
"Regulators," the, 136-37
Richardson, William, 189
Rigdon, Sidney, 80
Rowe, 252
Ryan, W.R., quoted, 7, 120-21
"Sacred Expedition," 2
San Diego, first mission founded (1769), 13
San Francisco,
before discovery of gold, 123;
effect of discovery of gold, 123-24;
in 1849, 124 et seq.;
fire of Dec. 4, 1849, 141;
later fires, 142;
Volunteer Fire Department, 143-46;
civic progress, 146-49;
population in 1851, 150-51;
in the mid-fifties, 159 et seq.
San Gabriel River, Battle of (1847), 41
San Pascual, Battle of, 38
Santa Fé, 14
Semple, 33
Serra, Father Junipero, 2
Sherman, W.T., 208-09, 242-243, 245
Sloat, Commodore J.D., 35, 36
Smith, Growling, 48
Smith, Jedediah, 15
Smith, Joseph, Jr.,
founder of the Mormon Church, 77-79;
as a leader, 79-80;
death, 85
Smith, Peter, claims against city of San Francisco, 170
Sonoma captured, 32-35
Spain,
religious occupation of California, 2 et seq.;
discourages immigration into, 13
Spence, David, 14
Stockton, Robert, Commodore, 36 et seq.;
quarrels with Kearny, 38-39
Stuart, James, 151-52
_Sunday Times_, the, 192
Sutler, Captain J.A., 23-26
Sutter's Fort, 24, 25, 29, 30, 33, 106
"Sydney Ducks," 136, 234
Terry, Judge, 241, 242, 243, 245-46, 251, 252
Thomes, W.H., quoted, 9
_Three Weeks in the Gold Mines_, Simpson, 64
Truett, 201, 220, 251
Vallejo, General, 18
Vigilantes,
of 1851, 150 et seq.;
of 1856, 231 et seq.
Walker, Joseph, 29, 30
White, James, 235
Wightman, Peter, 235
Wool, General, 242
Yerba Buena, _see_ San Francisco
Young, Brigham, 85-88, 89, 90, 91
End of Project Gutenberg's The Forty-Niners, by Stewart Edward White