The Vigilantes Of California by Emerson Hough

Vigilantes of California - Page 3

<< Previous 1 2 3 Next >>

The opposition to the Committee now organized in turn under the name of the "Law and Order Men," and held a public meeting. This was numerously attended by members of the Vigilante Committee, whose books were now open for enrollment. Not even the criticism of their own friends stayed these men in their resolution. They went even further. Governor Johnson issued a proclamation to them to disband and disperse. They paid no more attention to this than they had to Judge Terry's writ of habeas corpus. The governor threatened them with the militia, but it was not enough to frighten them. General Sherman resigned his command in the state militia, and counseled moderation at so dangerous a time. Many of the militia turned in their rifles to the Committee, which got other arms from vessels in the harbor, and from carelessly guarded armories. Halting at no responsibility, a band of the Committee even boarded a schooner which was carrying down a cargo of rifles from the governor to General Howard at San Francisco, and seized the entire lot.

San Francisco Vigilantes of 1856 were headquartered in a building nicknamed Fort Gunny Bags. It was built in 1856 and razed in 1906. The building was located at 243 Sacramento Street in San Francisco.

Shortly after this they confiscated a second shipment which the governor was sending down from Sacramento in the same way; thus seizing property of the federal government. If there was such a crime as high treason, they committed it, and did so openly and without hesitation. Governor Johnson contented himself with drawing up a statement of the situation, which was sent down to President Pierce at Washington, with the request that he instruct naval officers on the Pacific station to supply arms to the State of California, which had been despoiled by certain of its citizens. President Pierce turned over the matter to his attorney-general, Caleb Gushing, who rendered an opinion saying that Governor Johnson had not yet exhausted the state remedies, and that the United States government could not interfere.

Little remained for the Committee to do to show its resolution to act as the State pro tern pore. That little it now proceeded to do by practically suspending the Supreme Court of California. In making an arrest of a witness wanted by the Committee, Sterling A. Hopkins, one of the policemen retained for work by the Committee, was stabbed in the throat by Judge Terry, of the Supreme Bench, who was very bitter against all members of the Committee. It was supposed that the wound would prove fatal, and at once the Committee sounded the call for general assembly. The city went into two hostile camps, Terry and his friend, Dr. Ashe, taking refuge in the armory where the "Law and Order" faction kept their arms. The members of the Vigilante Committee besieged this place, and presently took charge of Terry and Ashe, as prisoners. Then the scouts of the Committee went out after the arms of all the armories belonging to the governor and the "Law and Order" men who supported him, the lawyers and politicians who felt that their functions were being usurped. Two thousand rifles were taken, and the opposing party was left without arms. The entire state, so to speak, was now in the hands of the "Committee of Vigilance," a body of men, quiet, law loving, law-enforcing, but of course technically traitors and criminals. The parallel of this situation has never existed elsewhere in American history.

Had Hopkins died the probability is that Judge Terry would have been hanged by the Committee, but fortunately he did not die. Terry lay a prisoner in the cell assigned him at the Committee's rooms for seven weeks, by which time Hopkins had recovered from the wound given him by Terry. The case became one of national interest, and tirades against "the Stranglers" were not lacking; but the Committee went on enrolling men. And it did not open its doors for its prisoners, although appeal was made to Congress in Terry's behalf —an appeal which was referred to the Committee on Judiciary, and so buried.

Terry was finally released, much to the regret of many of the Committee, who thought he should have been punished. The executive committee called together the board of delegates, and issued a statement showing that death and banishment were the only penalties optional with them.

Death they could not inflict, because Hopkins had recovered; and banishment they thought impractical at that time, as it might prolong discussion indefinitely, and enforce a longer term in service than the Committee cared for. It was the earnest wish of all to disband at the first moment that they considered their state and city fit to take care of themselves, and the sacredness of the ballot box again insured. To assure this latter fact, they had arrayed themselves against the federal government, as certainly they had against the state government.

Vigilante Warning The Committee now hanged two more murderers—Hetherington and Brace—the former a gambler from St. Louis, the latter a youth of New York parentage, twenty-one years of age, but hardened enough to curse volubly upon the scaffold. By the middle of August, 1856, they had no more prisoners in charge, and were ready to turn the city over to its own system of government. Their report, published in the following fall, showed they had hanged four men and banished many others, besides frightening out of the country a large criminal population that did not tarry for arrest and trial.

If opinion was divided to some extent in San Francisco, where those stirring deeds occurred, the sentiment of the outlying communities of California was almost a unit in favor of the Vigilantes, and their action received the sincere flattery of imitation, as half a score of criminals learned to their sorrow on impromptu scaffolds. There was no large general organization in any other community, however. After a time some of the banished men came back, and many damage suits were argued later in the courts; but small satisfaction came to those claimants, and few men who knew of the deeds of the "Committee of Vigilance" ever cared to discuss them. Indeed it was practically certain that any man who ever served on a Western vigilance committee finished his life with sealed lips. Had he ventured to talk of what he knew he would have met contempt or something harsher.

A political capital was made out of the situation in San Francisco. The "Committee of Vigilance" felt that it had now concluded its work and was ready to go back to civil life. On August 18, 1856, the Committee marched openly in review through the streets of the city, five thousand one hundred and thirty-seven men in line, with three companies of artillery, eighteen cannon, a company of dragoons, and a medical staff of forty odd physicians. There were in this body one hundred and fifty men who had served in the old Committee in 1851. After the parade the men halted, the assemblage broke up into companies, the companies into groups; and thus, quietly, with no vaunting of themselves and no concealment of their acts, there passed away one of the most singular and significant organizations of American citizens ever known. They did this with the quiet assertion that if their services were again needed, they would again assemble; and they printed a statement covering their actions in detail, showing to any fair-minded man that what they had done was indeed for the good of the whole community, which had been wronged by those whom it had elected to power, those who had set themselves up as masters where they had been chosen as servants. The "Committee of Vigilance" of San Francisco was made up of men from all walks of life and all political parties. It had any amount of money at its command that it required, for its members were of the best and most influential citizens. It maintained, during its existence, quarters unique in their way, serving as arms-room, trial court, fortress, and prison. It was not a mob, but a grave and orderly band of men, and its deliberations were formal and exact, its labors being divided among proper sub-committees and boards. The quarters were kept open day and night, always ready for swift action, if necessary. It had an executive committee, which upon occasion conferred with a board of delegates composed of three men from each subdivision of the general body. The executive committee consisted of thirty-three members, and its decision was final; but it could not enforce a death penalty except on a two-thirds vote of those present. It had a prosecuting attorney, and it tried no prisoner without assigning to him competent counsel. It had also a police force, with a chief of police and a sheriff with several deputies. In short, it took over the government, and was indeed the government, municipal and state in one. Recent as was its life, its deeds to-day are well-nigh forgotten. Though opinion may be still divided in certain quarters, California need not be ashamed of this "Committee of Vigilance." She should be proud of it, for it was largely through its un-thanked and dangerous safeguarding of the public interests that California gained her social system of today.

In all the history of American desperadoism and of the movements which have checked it, there is no page more worth study than this from the story of the great Golden State. The moral is a sane, clean, and strong one. The creed of the "Committee of Vigilance" is one which we might well learn to-day; and its practice would leave us with more dignity of character than we can claim, so long as we content ourselves merely with outcry and criticism, with sweeping accusation of our unfaithful public servants, and without seeing that they are punished. There is nothing but manhood and freedom and justice in the covenant of the Committee. That covenant all American citizens should be ready to sign and live up to: "We do bind ourselves each unto the other by a solemn oath to do and perform every just and lawful act for the maintenance of law and order, and to sustain the laws when faithfully and properly administered. But we are determined that no thief, burglar, incendiary, assassin, ballot-box stuffer or other disturber of the peace, shall escape punishment, either by quibbles of the law, the carelessness of the police or a laxity of those who pretend to administer justice."

What a man earns, that is his—such was the lesson of California. Self-government is our right as a people—that is what the Vigilantes said. When the laws failed of execution, then it was the people's right to resume the power that they had delegated, or which had been usurped from them—that is their statement as quoted by one of the ablest of many historians of this movement. The people might withdraw authority when faithless servants used it to thwart justice—that was what the Vigilantes preached. It is good doctrine today.

Go To Next Chapter - The Outlaw Of The Mountains

Compiled and edited by Kathy Weiser/Legends of America, updated March, 2010.

Other Works by Emerson Hough:

The Story of the Outlaw - A Study of the Western Desperado - Entire Text

The Cattle Kings

The Cattle Trails

Cowboys on the American Frontier

The Frontier In History

The Indian Wars

Mines of Idaho & Montana

Pathways To the West

The Range of the American West

About the Author: Excerpted from the book The Story of the Outlaw; A Study of the Western Desperado, by Emerson Hough; Outing Publishing Company, New York, 1907. This story is not verbatim as it has been edited for clerical errors and updated for the modern reader.

About the Author: Emerson Hough (1857–1923).was an author and journalist who wrote factional accounts and historical novels of life in the American West. His works helped establish the Western as a popular genre in literature and motion pictures. For years, Hough wrote the feature "Out-of-Doors" for the Saturday Evening Post and contributed to other major magazines.

<< Previous 1 2 3 Next >>

From the Rocky Mountain General Store

Great American Bars and Saloons by Kathy Weiser, Owner/Editor of Legends of America - Kathy Weiser's first venture into the publishing world takes you into the many watering holes of America's past, particularly the numerous saloons that sprouted up during our nation's Wild West days. This great photographic review displays hundreds of vintage photographs from California to Arizona, the mining camps of Colorado, all the way to New York and its turbulent days of Prohibition. Hardcover, 2006, 224 Pages. Signed by the author!!