CHAPTER XXXV

THE PEOPLE AND THE LAW

Frightened, desperate, angered by the usurpation of their power, varied

forces combined in opposition to the Vigilance Committee. Political

office-holders, good and bad, were naturally arrayed against it, and for

the first time made a common cause. Among the politicians were many men

of brains, especially those affiliated with the "Chivalry" faction, as

it was known--Southern men whose object it was to introduce slavery into

California. These were fiery, fearless, eloquent and quick at stratagem.

There was also Broderick's Tammany organization, an almost perfect

political machine, though as yet in the formative stage. There was the

tacit union of the underworld; gamblers, thieves, plug-uglies, servitors

of or parasites upon the stronger factions. Each and all they feared and

hated this new order of the Vigilantes.

Coleman's scheme of publishing the names of the entire committee was

carried out after a meeting of the executive committee. It had the

effect of taking the wind out of their opponents' sails for a time. But

it also robbed committee members of a certain security. In a dozen dark

and devious ways the Vigilantes were harassed, opposed; windows of shops

were broken; men returning to their homes were set upon from ambush;

long-standing business accounts were diverted or withdrawn. Even

socially the feud was felt. For the Southerners were more or less the

arbiters of society. Wives of Vigilante members were struck from

invitation lists in important affairs. Whispers came to them that if

their husbands were persuaded to withdraw, all would be well.

A few, indeed, did hand their resignations to the committee, but more

set their names with eagerness upon its roster.

The hanging of James Stuart was impressive and conducted with extreme

decorum. Stuart, tried before twelve regularly impaneled talesmen and

defended by an advocate, cut matters short by a voluntary confession of

his crimes. In fact, he boasted of them with a curious pride. Arson,

murder, robbery, he admitted with a lavishness which first aroused a

doubt as to his sanity and truth, but when in many of the cases he

recited details which were later verified, all doubt as to his evil

triumphs vanished.

On the morning of July 11 he was sentenced. In the afternoon his body

swung from a waterfront derrick at Battery and Market streets.

"Get it over with," he urged his executioners, "this 'ere's damned

tiresome business for a gentleman." He begged a "quid o' terbacker" from

one of the guards and chewed upon it stolidly until the noose tightened

about his neck. He did not struggle much. A vagrant wind blew off his

hat and gently stirred his long and wavy hair.

When Benito next saw Broderick he asked the latter anxiously if all were

well with him. The latter answered with a wry smile, "I suppose so. I

have not been ordered to leave town so far."

"You've remembered what we told you--Alice and I?"

"Yes," said Broderick, "and it was good advice. Tell your wife for me

that woman's intuition sometimes sees more clearly than man's

cunning.... It is nearer God and truth," he added, softly.

"I shall tell her that. 'Twill please her," Benito replied. "You must

come to see us soon."

Brannan joined them rather anxiously and drew Benito aside with a

brusque apology. "Do you know that Governor McDougall has issued a

proclamation condemning the Vigilance Committee?... I happen to know

that Broderick inspired this." He gave a covert glance over his

shoulder, but the Lieutenant-Governor had wandered off. "So far he's

taken no part against us. And we've left him alone. Now we shall

strike back."

"I shall advise against it," Windham objected. "Dave is honest. He's

played fair."

"If you think we're going to let this pass, you're quite mistaken,"

Brannan answered, hotly. "Why, its not long ago that Governor McDougall

came to our committee room and commended our work. Said he hoped we'd

go on."

"Exactly," said Benito, "in the presence of witnesses. Let us see if

King and Coleman are inside. I have a plan."

They found their tall and quiet leader with James King of William and

half a dozen others already in session. Brannan, in fiery anger, read

the Governor's proclamation. There was silence when he finished.

Possibly a shade of consternation. "Windham's got a scheme to answer

him," said Brannan.

That day the _Evening Picayune_ printed the Committee's defn. It was as

follows:

San Francisco, Aug. 20, 1851.

"We, the undersigned, do hereby aver that Governor McDougall

asked to be introduced to the executive committee of the

Committee of Vigilance, which was allowed and hour fixed. The

Governor, upon being introduced, states THAT HE APPROVED OF

THE ACTS OF THE COMMITTEE and that much good had taken place.

He HOPED THEY WOULD GO ON and endeavor to act in concert with

the authorities, AND IN CASE ANY JUDGE WAS GUILTY OF

MAL-ADMINISTRATION TO HANG HIM and he would appoint others."

To this was appended the names of reputable citizens--men whose

statements no one doubted. It was generally conceded, with a laugh, that

Governor McDougall's private opinion differed from his sense of

public duty.

That afternoon representatives of the Committee met an incoming vessel

and examined the credentials of all passengers. Several of these not

proving up to standard, they were denied admittance to the port. The

outraged captain blustered and refused to take them back to Sydney. But

in the end he agreed. There was nothing else to do. A guard was placed

on the non-desirables and maintained until the vessel cleared--until the

pilot boat returned in fact. San Francisco applauded.

But all the laurels were not with the Committee. On Thursday morning,

August 21, Sheriff Hayes surprised Vigilante Headquarters at dawn and

captured Samuel Whitaker and Robert McKenzie both convicted of murder by

the Committee and sentenced to hang.

The City Government was much elated but the victory was short. For, on

the following Sunday, Vigilantes gained an entrance to the jail and took

their prisoners back without a struggle.

* * * * *

Broderick and Windham, en route to the latter's ranch that afternoon,

heard the Monumental bell toll slowly, solemnly. "What's up?" asked

Broderick, startled.

"It means," Benito answered, "that the Vigilance Committee still rules.

Two more scoundrels have been punished."

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