Chapter I.

Many accounts of the Vigilance Committee of San Francisco have been

published, but all of them, so far as I have seen, were from the pen of

members of that organization, or else from persons who favored it. As a

consequence their accounts of it were either partial, to a greater or

less degree, or imperfect otherwise; and much has been omitted as well

as misstated and misrepresented otherwise. I was not a member of the

Vigilance Committee, nor was I a member of the opposing organization,

known as the Law and Order body, of which General Sherman was the head

and Volney E. Howard next in rank. I have never been in favor of mob or

lynch-law in any form, and, therefore, had neither sympathy with nor

disposition to join the Vigilance Committee. And while I was earnestly

in support of Law and Order, I did not feel that I could better subserve

that cause by joining the organization formed at that time, for the

avowed purpose of maintaining the one and enforcing the other. I had

many friends on each side, and I also knew many in each organization who

were unworthy of fellowship in any good or honorable cause or

association; and some of these bore prominent rank in each organization.

As was said of the Regulators of Texas, who directed their energies

chiefly against horse thieves and robbers, that some of the worst and

most guilty of them hastened to join the band, in order to save

themselves from arrest and the rope or bullet, likewise were there some

prominent in the Vigilance Committee of 1856, who undoubtedly joined it

for similar reasons--to escape the terrors of the organization; and the

Executive Committee was not exempt from these infamous characters.

The Executive Committee, forty-one in number, was thus composed in

membership: William T. Coleman, James Dows, Thomas J. L. Smiley, John P.

Monrow, Charles Doane, James N. Olney, Isaac Bluxome, Jr., William

Meyers, Charles Ludlow,--Christler, Richard M. Jessup, Charles J.

Dempster, George R. Ward, E. P. Flint, Wm. Rogers, Aaron M. Burns, Miers

F. Truitt, W. H. Tillinghast, W. Arrington, Charles L. Case, J. D.

Farwell, W. T. Thompson, Eugene Dellesert, J. K. Osgood, J. W. Brittan,

Jules David, C. V. Gillespie, Calvin Nutting, E. Gorham, N. O.

Arrington, F. W. Page, O. B. Crary, L. Bassange, D. Tubbs, Emile Grisar,

E. B. Goddard, Henry M. Hale, Chas. Ludlow, M. J. Burke, J. H. Fish, C.

P. Hutchings, J. Seligman.

W. T. Coleman was President, Thomas J. L. Smiley Vice-President and

Prosecuting Attorney, John P. Morrow, Judge Associate, James Dows,

Treasurer, Wm. Meyer, Deputy Treasurer, Isaac Bluxome, Jr. the notorious

"33"--Secretary. Charles Doane was Grand Marshall, James N. Olney,

Deputy Grand Marshall, R. T. Wallace was Chief of Police, John L.

Durkee, Deputy Chief.

The military organization of the Vigilance Committee, rank and file,

numbered nearly 5,000 men. Several of the Executive Committee were alien

residents who never became citizens; and in the Committee, serving as

troops, as police, and in other lines, were a large number of aliens,

not naturalized, many of whom had not acquired sufficient proficiency in

the English language to speak it or understand it. The military body

comprised four regiments--infantry and artillery--together with

battalions of cavalry, pistol companies and guard of citizens. A medical

staff was duly organized. The roster, as here given, is copied from a

recent publication in the Alta, stated to be authentic. The dashes which

mark omission of the names, appear as they are placed in the Alta:

Charles Doane, Major-General. Staff officers: N. W. Coles,

Quartermaster-General and Colonel of Cavalry; R. M. Jessup,

Commissary-General and Colonel of Infantry; Aaron M. Burns, Deputy

Commissary-General and Lieutenant-Colonel of Infantry; James Dows,

Paymaster-General and Lieutenant-Colonel of Infantry; William Meyer and

Eugene Dellesert, Paymaster-Generals and Majors of Infantry; Cyrus G.

Dwyer, Adjutant and Inspector-General and Major of Infantry: Henry

Baker, Quartermaster and Major of Infantry; R. R. Pearce and M. McManus,

Assistant Quartermasters and Captains of Infantry; J. W. Farrington,

Assistant Commissary and Captain of Infantry; R. Beverly Cole, Surgeon

of the staff and Major of Infantry; Geo. C. Potter, aid to Major-General

and Major of Cavalry; N. B. Stone, A. M. Ebbetts, T. M. Wood, O. P.

Blackman, George R. Morris, T. A. Wakeman, Felix Brissac, C. H. Vail and

George R. Ward, aids to Major-General and Majors of Infantry, James B.

Hubbell, John M. Schapp and B. F. Mores, aids and secretaries to

Major-General and Captains of Infantry, J. N. Olney, Jr., aid and

secretary to Major-General and First Lieutenant of Infantry; James N.

Olney, Brigadier-General; R. S. Tammot, Henry Jones and R. M. Cox, aids

and Captains of Infantry.

Artillery--Thomas D. Johns, Colonel; J. F. Curtis, Lieutenant-Colonel;

R. B. Hampton, Major; Company A, J. Mead Huxley, Captain; Company B,

James Richit, Captain; Company C, H. C. F. Behrens, Captain; Company D,

J. H. Hasty, Captain; James F. Curtiss, Lieutenant-Colonel, commanding

Reserved Artillery.

Battallion Cavalry--Frank Baker, Major; First Squadron, G. G. Bradt,

Captain; Second Squadron, J. Sewell Read, Captain.

Infantry--First Regiment,--Colonel; J. S. Ellis, Lieutenant-Colonel;

John A. Clark, Major; J. P. H., Wentworth, Quartermaster; H. H. Thrall,

Adjutant; L. S. Wilder, Commissary; R. M. Cox, Sergeant-Major; H. W. F.

Hoffman, Quartermaster's Sergeant and composed of eight companies, viz:

Company A, W. C. Allen, Lieutenant commanding; Company B, H. L. Twiggs,

Captain; Company C, A. L. Loring, Captain; Company D, J. V. McElwee,

Captain; Company One,, J. M. Taylor, Captain; Company Two (Riflemen), L.

W. Parks, Captain; Company Three, Jonathan Gavat, Captain, Company

Seven, Geo. H. Hossefros, Captain.

Battallion Citizens Guard--Belonging to First Regiment, composed of A,

B, C, and D, G. F. Watson, Major.

Second Regiment--J. B. Badger, Colonel; J. S. Hill, Lieutenant-Colonel;

A. H. Clark, Major, Giles H. Gray, Quartermaster; E. B. Gibbs, Adjutant;

F. A. Howe, Commissary;--Sergeant-Major; Judah Alden;

Quartermaster-Sergeant, and composed of eight companies, viz: Company

Six, W. R. Doty, Captain; Company Twelve, C. G. Bailey, Captain; Company

Eight, -- Godfrey, Captain; Company Four, A. H. King, Captain; Company

Five, C. R. Bond, Captain; Company Ten, J. Wightman, Lieutenant

commanding; Company Eleven, George Gates, Captain; Company Nine, J.

Wood, Captain.

Third Regiment--H. S. Fitch, Colonel; Caleb Clapp Lieutenant Colonel;--,

Major;--, Quartermaster;--, Adjutant;--, Commissary;--,

Sergeant-Major;--, Quartermaster-Sergeant, and composed of eight

companies, viz: Company Thirteen, E. J. Smith, Lieutenant commanding;

Company Fourteen, W. E. Keyes, Captain; Company Fifteen,--, Lieutenant

commanding; Company Sixteen, B. S. Bryan, Captain; Company Seventeen

(Riflemen), C. E. S. McDonald, Captain; Company Eighteen, P. W.

Shepheard, Captain; Company Nineteen, R. H. Bennett, Captain; Company

Twenty, S. Gutte, Captain.

Fourth Regiment--Francis J. Lippitt, Colonel; John D. G. Quirk,

Lieutenant-Colonel, ---- , Major; ---- , Quartermaster; B. L. West,

Adjutant;---- , Commissary;---- , Sergeant-Major;---- , Quartermaster's

Sergeant, and composed of eight companies, viz: Company Twenty-five, J.

Sanfrignon, Captain; Company Twenty-eight, L. Armand, Captain; French

Legion,---- Villaseque, Major; Company Twenty-four, W. H. Patten,

Captain; Company Twenty-seven, C. H. Gough, Captain; Company Twenty-one,

S. Meyerbock Captain; Company Twenty-three, J. T. Little, Captain;

Company Thirty, W. O. Smith, Captain; Company Twenty-two, J. L. Folger,

Captain; Company Twenty-nine, S. L. Harrison, Captain; Company

Twenty-six,---- , Captain.

Pistol Battalion--Two companies, commanded respectively by Captains

Webb and E. S. Gibbs.

The roll of Division No. 4 is thus given:

J. A. Collins, Commander, Geo. G. Whitney, 1st Lieut. W. H. Parker, 2d

L't, J. H. Mallett, Orderly Sergeant, R. R. H. Rogers, Second Orderly

Sergeant, Wm. H. Wood, Third Orderly Sergeant, Charles D. Cushman,

Fourth Orderly Sergeant. Privates--D. Morgan, Jr., P. G. Partridge,

John Burns, E. W. Travers. Giles H. Gray, Martin Prag, John Wright,

James Wells, Jas. W. White, Judah Alden, Alfred Rix, J. W. Farrington,

W. L. Waters, W. F. Hall, J. T. Bowers, J. L. N. Shepard, Lucius Hoyt,

David Laville, H. A. Russell, E. Stevens, Theo. B. Cunningham, M.

McMannis, Wm. H. Gibson, Edmund Keyes, George T. Bohen, I. M. Bachelder,

R. T. Holmes, W. F. Shankland, B. Argyras, John R. Chute, John S.

Davies, James McCeny, Geo. H. Tay, Sohn Bensley, L. Bartlett, Joseph W.

Housley, Robert Wells, Samuel Fullerton, Newell Hosmer, J. J. Lomax, G.

K. Fitch, Wm. Hayes, Robert A. Parker, Samuel Soule, A. Wardwell, Isaac

E. Davis, M. McIntyre, F. E. Foote, Thomas A. Ayres, William K.

Blanchard, J. F. Eaton, J. Frank Swift, J. O. Rountree.

These names of Secretaries of the Committees of the Executive Committee

are added: On Evidence--J. H. Titcomb and D. McK Baker; on

Qualification--E. T. Beals.

First, as to the cause or pretence for the organization of the Vigilance

Committee: It is declared by its ex-members and supporters, or

apologists, that it was necessary for the reason that the law was not

duly administered; that the Courts, the fountains of justice, were

either corrupted or neglectful of their duties; that Juries were packed

with unworthy men in important criminal cases, that there were gross

frauds in elections, by which the will of the people was defied and

defeated, and improper and dishonest men, some of them notorious rogues,

were counted in and installed in public office; and that there was a

class of turbulent offenders who had the countenance, if not the support

of judges and officials in high places, and who, therefore, felt

themselves to be above or exempt from the law. Tennyson has well

remarked that there is no lie so baneful as one which is half truth. So

it is in respect to these alleged reasons for the organization of that

Vigilance Committee. It is not true that the Courts were corrupt,

neglectful or remiss. Judge Hager presided in the Fourth District Court,

and his integrity and judicial qualifications, or judgments, have never

been questioned or impeached. Judge Freelon presided as County judge;

the same can be remarked of him. There was no material fault alleged

against the Police Court. It is true, however, that in important

criminal cases, and sometimes in civil suits, the juries were often

packed. But why? I will state: Merchants and business men generally had

great aversion to serve on juries, particularly, in important criminal

cases, which are usually protracted; and the jury were kept in

comparative close condition, because their time was too valuable, and

their business interests required their constant attention. They

preferred, therefore, to pay the fine imposed, in case they were unable

to prevail upon the Judge to excuse them. Jury fees were inconsiderable

in comparison with their daily profits; but it was the loss of time from

their business which mainly actuated them. Yet these fees were

sufficient to pay a day's board and lodging, and to the many who were

out of employment, serving on a jury was the means to both. There is, in

every large community, the class known as professional jurymen--hangers

about the Court, eagerly waiting to be called. There were men of this

kind then; there are more than enough of them still loitering about the

Courts, civil and criminal. San Francisco is not the only city in the

United States in which defendants in grave criminal cases have recourse

to every conceivable and possible means, without scruple, to procure

their own acquittal, or the utmost modification of the penalty, by

proving extenuating circumstances, or that the indictment magnifies the

crimes. This was true of 1856; here, as elsewhere in the land; it is

equally true now. Had the merchants and solid citizens then drawn as

jurors, fulfilled their duty to the cause of justice, to the

conservation and maintenance of law and order, they would have had no

cause or pretence for the organization which they formed. The initial

fault was attributable to themselves; the jury-packing they complained

of was the direct consequence of their own neglect of that essential

duty to the State, in the preservation of law and order; and they cannot

reasonably or justly shift the onus from themselves upon the Courts.

Concerning the frauds in election: yes, there were frauds, outrageous

frauds, at every election; repeaters, bullies, ballot-box stuffing, and

false counts of the ballots to count out this candidate and count in the

one favored of the "boys." More than one member of the Vigilance

Executive Committee had thorough knowledge of all this, for the very

conclusive reason that more than one of them had engaged in these

frauds, had not only participated in them directly and indirectly, but

had actually proposed them; employed the persons who had committed the

frauds, and paid these tools round sums for the infamous service. The

reward of these employers and accessories before, during and after the

frauds, was the office that was coveted; and the "Hon." prefixed to

their names was as the gilt which the watch stuffer applies to the brass

thing he imposes upon the greenhorn as a solid gold watch. Out of the

Committee, of the Executive Committee, the detectives of that body might

have unearthed these honorable and virtuous purifiers and reformers;

with them, perhaps others whose frauds were no less wicked and criminal;

but in business transactions, and not in political affairs. One of the

Executive Committee had served his term of two years in the Ohio State

Prison for forgery; here in San Francisco he had, during two city

elections, been the trusted agent and disburser of a very heavy sack in

the honest endeavor to secure the nomination, and promote the election,

of his principal to high office, yet this pure man was honored by his

associates of the Committee, and became singularly active in pressing

the expatriation of some of the very "ruffians and ballot-box-stuffers"

he had patronized and paid. He had learned that "dead men told no

tales." This pure-character did not stand alone in his experience of

penal servitude, as birds of a feather, and he was under no necessity of

examplifying Lord Dundreary's bird, to go into a corner and flock by

himself. That some turbulent offenders, and largely too many of them,

defied the law, is likewise true. But that they were countenanced or

favored by the Judges, is utterly without truthful foundation. And it is

remarkable that, of all the men hanged or expatriated by the Committee,

only two had ever been complained of or arraigned before the Courts for

any crime of violence; not one of them all had been here accused or

suspected of theft or robbery, or other felony. This is more, as I have

just above stated, than can be said of some of the forty-one members of

the Executive Committee. And among the members of the rank and file of

the five thousand or six thousand enrolled upon the lists of the

Committee--of natives and English-speaking citizens or residents--there

were scores of scoundrels of every degree, bogus gold-dust

operators, swindlers and fugitives from justice. Of the members of other

nationalities--some of whom had not been in the country long enough to

acquire English--I have no occasion to pass remark; but the fear of

communism and disturbance, from the increase of its incendiary votaries

in our country, east and here, cannot be lessened or composed by the

recollection of the conduct of many of the same nationalities who then

swelled the ranks of the Committee troops.

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