CHAPTER XVI

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

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