USA > California > A history of the new California, its resources and people; Vol I > Part 9
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The agitation bore fruit. The arrest of two men-one supposed to be Stuart, one of the robbers-was the occasion of the organization of a mob that tried to seize the prisoners in the court room, drag them to a post, and hang them forthwith. The prisoners were saved by their guards, but not until after a stubborn fight. But the desire for popular justice grew fast, and by the next day a vigilance committee was formed. The episode of the Hounds was remembered, and it was believed that a stern organiza- tion would be able to banish criminals and suppress crime. The weakness of this committee's cause at that moment lay in the fact that the supposed guilty Stuart was in truth an innocent man of the name of Bardue. He bore a striking resemblance to the real culprit, and the wounded merchant thought the suspect was the man that had assaulted him.
On June 8, 1851, a call for a committee of safety appeared in the Alta. It is now known that the letter-then published without any name-was from Mr. R. S. Watson, who has since admitted the authorship. On June II the movement for such an organization had become so popular as to have the quasi indorsement of the Alta and of many of the best citizens. The Alta remarked: "We understand that quite a large party banded them-
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selves together at the California Engine House for the purpose of punishing incendiaries and other criminals." There was no direct indorsement, but the editor took pains to explain that the meeting was not a mere mob.
A common thief, one Jenkins, was tried and convicted by the com- mittee, which consisted of more than one hundred and eighty-four promi- nent men. The trial took place between 10 and 12 o'clock one night. He had been discovered stealing a safe on Long Wharf on June 10, and the ver- dict to hang him-eighty or more men being on the jury-was unanimous. Two hours after the finding of the verdict the man was dead. On June 12 the coroner's jury brought in a verdict that blamed two or three men of the committee, whereupon a statement was published and signed by one hun- dred and eighty-nine prominent citizens, and in this they freely confessed that all whose names were signed were equally implicated in the hanging of Jenkins. Nothing ever came of the confession, for there was no pub- lic sentiment that would have strongly blamed or convicted the members of the committee.
During June, July, and August, the committee was busy with simi- lar work. It caught and hanged the true Stuart, and drove many ruffians and Sydney "coves" from the state. In August the organization barely missed an open collision with the authorities, but diplomacy averted this trouble and the object-lesson of the committee's work is said to have been a deterrent to criminals. It certainly made a deep impression on the minds of the people at large. A study of the social evolution of San Francisco compels the conclusion that the work of the first vigilance committee made possible the organization and labors of the second, the famous committee of 1856. Many of the members of the first organization were leading spirits in the second-men like William T. Coleman, an active spirit in both organizations.
By the autumn of 1855 San Francisco began to realize that much of its social life was still crude, even wicked. During 1855 there had been, it is said, more than five hundred homicides in the city, and it is claimed that the law was powerless to punish those who had committed these crimes against life and society. Everywhere upright citizens denounced these deeds, though few were found with the courage to denounce the criminals by name.
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Though it is probably true, as William H. Mills says, that any com- munity that is obliged to establish a vigilance committee thereby indicts itself for many sins of omission, the other truth remains that, in the case at hand, ballot-box stuffing and other forms of corruption were exas- perating beyond tolerance.
One should understand that the best business men were not in a mood to blame themselves for the existence of grave wrongs. They forgot that if juries were bad it was often because the eager desire to make money absorbed men of affairs, who dodged jury duty and made way for bribery. That there was much iniquity in high places, is doubtless true-and some of this the honest citizen would have been put to his wits to remedy, yet it can not be gainsaid that honest and able men like Judge Hager and Dis- trict Attorney Byrne were in office-and one of the offenders that paid the penalty in 1856, under "popular justice," was awaiting trial in Judge Hager's court at the time the committee seized him and assumed superior jurisdiction.
A clear-voiced call to rectify existing evils came through the San Francisco Bulletin, then edited by a former banker, James King, or James King "of William," as he signed his name. He established his paper in October, 1855, and so vigorous was his policy that several enlargements were required within a few months. His paper was popular all over the state and he was looked upon as a brave deliverer of the people, one that spoke words already long overdue. Though he made himself popular with the best people, he was despised by the wicked.
The crisis that cost him his life and that plunged the community into the perplexities of the vigilance committee days, came in May, 1856, when King was shot down in the street by James Casey, then an editor, a super- visor, and a man with much political power. Six days later King died, and soon thereafter the great Vigilance Committee of 1856 was organized. The story of its career, as told by Charles James King, surviving son of the martyred editor, is in the pages that follow. Mr. King has made a life-study of the events that culminated in the killing of his father, and the account is interesting.
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CHAPTER VII. THE VIGILANCE COMMITTEES. By Charles James King.
INTERESTING REMINISCENCES OF THE SON OF THE MARTYRED EDITOR OF THE OLD SAN FRANCISCO BULLETIN-HOW DESPERATE MEN PUT THE LAW ASIDE AND TRANSFORMED SAN FRANCISCO INTO A DESPERA- DOES' PARADISE-INSIDE FACTS ABOUT THE GREAT UPRISING OF CITI- ZENS THAT IMPROVISED A COMMITTEE TO TRY AND PUNISH MEN FOR THEIR CRIMES.
The history of the Vigilance Committee of 1851 and that of 1856, organized in the City of San Francisco, has no parallel in American history.
It was composed of American citizens, imbued with the love of coun- try, and with that crystallized idea of the centuries, "that all men are cre- ated equal, that they are endowed by their Creator with certain inalienable rights, that among these are life, liberty and the pursuit of happiness."
To properly understand the state of affairs that in an American city demanded such action on the part of its citizens, we must look to the causes that brought about this uprising on the part of a people so loyal to all the traditions of their country.
I propose to show these, as seen by one who lived here through all those exciting times, as I arrived in San Francisco in May, 1851, when but seven years of age, and was a witness of the events that took place then, though those of 1856, when I was five years older, and because the com- mittee's formation was on account of my father's (James King of Will- iam) assassination, were more deeply impressed on my mind and life.
All that I remember of my father is confined to those five years, ex- tending through the history of both the committees of 1851 and 1856. I was so young in 1848, when he left for California, that I remember scarcely anything of him, until my arrival in San Francisco.
I could not have been with him more than I was, had I known how few the years were destined to be in which I was to see him on earth.
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Every moment I could spare from school, I chose rather to be with him than elsewhere. When he was a banker, I rode on my pony, each after- noon after school, to meet him at his bank, on the corner of Commercial and Montgomery streets, and was beside his buggy as he drove home, which was then on Jones street, between Lombard and Chestnut.
When he was editor of the Bulletin, for seven months, until his as- sassination, I used to visit his editorial rooms as often as I could go, and he used to tell his friends who happened to be there, that I knew everything in the paper, editorials, news and even the advertisements. Every even- ing after dinner, when I had finished my recitation in Latin, to him, I was accustomed with all the ardor of a youthful enthusiast to discuss, after my own fashion, the subjects of his editorials. and thus knew and realized the good cause of pure government in which he was engaged and for which his life was sacrificed.
At the close of the Mexican war, California became a part of the United States, by purchase, in the treaty of peace between the two coun- tries. It was a long and weary journey of months to reach it from the eastern portion of our country, either by land or sea. Quite a number of Americans had already found their way here, so that in 1846 when the country was taken, they were able to give great assistance to Fremont and his men in its capture. The people readily acquiesed in the change of gov- ernment, some like General M. G. Vallejo, contending that they had every- thing to gain and nothing to lose by becoming a part of the American Union.
The natives led a simple life, without much excitement. No steamer had ever yet ploughed the vast waters of the great Pacific Ocean. No transcontinental railroad had been built, and no lines of telegraph or ocean cable connected with Yerba Buena, now San Francisco, with any other part of the world.
The white wings of commerce had not turned, as they were soon des- tined to turn, toward the Golden Gate. One of our California poets thus describes them, in those days (from which they were so soon to be awak- ened), as follows :
Feeble and garrulous old men Tell in the Spanish tongue Of the good grand times of the Mission, And the hymns that the Fathers sung;
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Of the oil and the wine and the plenty, And the dance in the twilight gray. Ah! these-and the head shakes sadly- Were good old times in Monterey.
The discovery of gold by J. W. Marshall, on January 24, 1848, soon changed all this, and thousands of men from all parts of the world came here. The business which the necessity of these travelers caused gave an impetus to commerce everywhere, and suitable inventions and contrivances followed.
Ocean travel was improved by steam navigation, and the comfort of passengers became more imperative from the sudden demand for transpor- tation to this state. The demand also for abundance of food led to the can- ning of fruits, vegetables, meats, fish, etc., in larger quantities than had been required before, while eggs put down in lime, and butter, from the dairies of New York state, helped to supply those necessary articles for the home consumption.
Houses were built in sections, so as to be easily put together again, and shipped around Cape Horn, to this city, where many of them made comfortable residences for the accommodation of the early settlers.
While many good men of character and energy were here to make this state what it became, they were at first so engaged in their business as to take but little interest in politics. The drifting in of a large criminal class, who had served their terms in jails in all parts of the world, our own country included, soon became a menace to the peaceful business men.
They were called "the Hounds," and had control of all the offices in their interest and for their protection. It thus soon became apparent that there was no redress in the courts. Crime unblushingly held up its head and was seldom punished because of the faithless administration of justice.
Matters had come to such a pass, that the better class of citizens on the 8th of June, 1851, organized the first Vigilance Committee by adopting the following :
CONSTITUTION.
"Whereas, It has become apparent to the citizens of San Francisco that there is no security for life and property, either under the regulations of so- ciety as it at present exists, or under the laws as now administered; therefore the citizens whose names are hereunto attached do unite themselves into an As-
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sociation for the maintenance of the peace and the good order of society, and the preservation of the lives and property of the citizens of San Francisco, and do bind ourselves each unto the other to do and perform every 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, incen- diary or assassin shall escape punishment, either by the quibbles of the law, the insecurity of prisons, the carelessness or corruption of the police, or the laxity of those who pretend to administer justice."
The signal for assembling when necessary, was to give three taps on the bell of the California Fire Company.
The first alarm rang out in the night of June 10, 1851.
A man named Jenkins was caught stealing a safe containing a large amount of money. He looked for rescue at the hands of his confederates, but instead was arrested and found guilty of various charges and was hanged at half-past one o'clock the next morning.
Reverend T. Dwight Hunt, pastor of the First Congregational Church, in a sermon suggested by the execution, said :
"I cannot censure a people, if, having been long and needlessly out- raged by a gang of villains, they rise in their sovereign majesty and quietly seize upon, try and condemn and execute one, even though they have to set aside the authority they dare not trust with the culprit. It is sometimes necessary to the existence of society thus to be its own lawyer, judge and executioneer."
James Stuart was hanged on July II, 1851, for murder and other crimes.
Whittaker and Mckenzie, two other murderers, were hanged on Aug- ust 24, 1851. The committee then disbanded, after having issued sentence of banishment against thirty desperadoes.
THE SECOND VIGILANCE COMMITTEE.
The second Vigilance committee of 1856, though in part composed of some of those who served in 1851, was a much larger body of citizens, and assumed a vaster importance at the time, wielding a greater influence in the years that followed, as the cause of its formation struck at the basic foundation of things, and the very existence of the city itself as a place in which to live and rear families.
It could not be called a revolution, as it was unlike any such that ever
HISTORY OF THE NEW CALIFORNIA.
took place. All other revolutions were a separation from the governments, and because of oppression and wrongs inflicted upon the suffering people that caused them to absolve themselves completely from the yoke that op- pressed, and form a new state or nation.
This was a movement of the citizens to enforce the laws, which those to whom this power was delegated utterly failed to carry out. It was, therefore, a transcendency of the law rather than a violation of it. To com- prehend this situation, it may be stated that the judiciary of the state was held in too many instances by men from the criminal element, or in com- plete sympathy with them, as shown by their own unlawful acts.
A few illustrations will suffice: Ned McGowan, who had served a term in the Pennsylvania state prison, upon arrival here succeeded in being made one of the judges of this city.
Hugh C. Murray, a corrupt and immoral man, was another.
Wm. B. Almond, through his friends " the Hounds," as. the roughs and villains were called, secured another appointment.
One J. H. Hardy, judge of the 16th Judicial District, was indicted by the grand jury for the murder of Samuel T. Newell.
David S. Terry was another instance of how the judiciary of Cali- fornia was disgraced by the conduct of some of its leading members. He stabbed Stephen Hopkins of the Vigilance Committee, afterward killed Da- vid C. Broderick in a duel, and in later years followed Justice Stephen J. Field around the state in the determined attempt to kill him, which was frustrated by the United States marshal, who was too quick for him, and Terry met his fate. Then the most gigantic frauds were perpetrated upon the people at the polls.
The citizens voted, but their votes were not counted. The Vigilance Committee afterward discovered that the ballot boxes had secret drawers in them, in which the votes that were counted were deposited, and it usually took several days to have all the returns in. It was always noticed that those from the twelfth ward were several days late in being handed in, and could always be depended upon to register sufficient votes to elect the party in power; although to do this, it was necessary to record more votes cast than the resident population of that ward could number, including men, women and children.
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The leader in manipulating the polls was James P. Casey, supervisor, and editor of the Sunday Times.
He had been elected supervisor without even going through the form of a nomination and through the method above shown. All officers, there- fore, in the city and county of San Francisco, and all the appointees under them, owed their election to James P. Casey.
So long and shamelessly had this state of affairs continued, that he felt that he owned the city, and as will later appear, had no fear but that in an emergency he could count on the support of all those who were in- debted to him for their places, together with their friends, who were nu- merous.
Crime, in the intervening years between the first and second Vigilance Committee, held high carnival, and the wrong doer easily secured immun- ity from his acts; so that the citizens soon learned that there was no pro- tection for life or property. In walking the streets of the city, peaceful men usually took the middle of the road, instead of the sidewalk, in order to protect themselves as far as possible, from the unexpected attack of the assassin. And so year after year this state of affairs occurred, until it is stated that in the year 1855, the number of murders committed in this state was 535. and that only seven of the perpetrators were executed by the officers of the law. Arson, robbery, and other crimes were of constant occurrence, and so seldom was punishment inflicted, that the law was held in contempt, and men felt as they looked at each other, upon learning of some fresh out- break, that the courts could offer them no protection at all; because they would not.
On the 8th day of October, 1855, the Evening Bulletin appeared with James King of William as its editor. He attacked corruption in high places, and was in a short time, through the city and the mountains and valleys of California, recognized as the champion of the people's rights. The Bulletin became eagerly sought for each day for tidings of the war- fare it was waging on their behalf. On the other hand, the paper had not been three months in existence before it became universally understood that it was "war to the knife" between it and the shoulder strikers. One side or the other was now bound to go down. It was a struggle for the rights of the people that has had no counterpart in the history of our land.
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On November 17, 1855. General William H. Richardson, the United States marshal, was murdered by a notorious gambler named Charles Cora, instigated by Belle Cora, a prostitute, whom he had taken to some place of amusement, and whom the virtuous Mrs. Richardson had offended, by simply conducting herself as a lady. Cora, after mutual friends had per- suaded General Richardson to let the matter pass and take a drink with Cora as an evidence of settling the dispute, turned in a brutal manner and killed Richardson, as he unsuspectingly followed in the friendly act, which he presumed would close the affair.
The gifted Colonel Baker. who afterward lost his life at Ball's Bluff, was severely censured in those days, for using his forensic eloquence in the defense of Cora, and succeeding in getting a disagreement of the jury on his first trial. Forty thousand dollars had been raised by Belle Cora and her associates to defend Charles Cora, and no hope was entertained by the people that his dastardly crime would be punished.
The party in power, flushed by their long continued success in cheat- ing the people at the polls, and running the courts to suit themselves, felt no uneasiness about the final acquittal of Charles Cora. And now they determined to reach out for one more victim, and that was the editor of the Bulletin, James King of William. In council of these plotters, it was agreed to cast lots to see who should do the shooting, and the lot fell to James P. Casey. He thought he had an easy job. To the many who were indebted to him for office or place he felt he could confidently turn for sup- port, and the courts gave him no concern.
He never dreamed of the uprising of the citizens, and felt with the people's champion "under the sod" he would be free to continue his course with none to say him nay.
The patience of the people had, however, now reached its limit, as the events that followed the carrying out of the conspiracy to assassinate James King of William soon showed.
A man named Bagley, who had fallen out with Casey, sent on to New York and secured the documentary evidence which showed that James P. Casey had served out a term in Sing Sing prison. Armed with these, he carried them to the editorial rooms of the Bulletin.
James King of William, in commenting upon these papers, stated
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in the Bulletin of May 14, 1856, "that the fact that Casey had been an inmate of Sing Sing prison in New York, is no offense against the laws of this state; nor is the fact of his having stuffed himself through the ballot box as elected to the board of supervisors from a district where it is said he was not even a candidate, any justification for Mr. Bagley to shoot Casey, however richly the latter may deserve to have his neck stretched for such fraud on the people. These are acts against the public good, not against Mr. Bagley in particular, and however much we may de- test Casey's former character, or be convinced of the shallowness of his prom- ised reformation, we cannot justify the assumption by Mr. Bagley to take upon himself the redressing of these wrongs."
That was sufficient for Casey. He determined now upon the assassina- tion of James King of William, and it was an open secret among his friends, that the shooting would come off that afternoon.
Thomas S. King, James King of William's brother, who usually walked home with him, happened to be in Natchez Gallery on Clay street having his pistol cleaned, when he heard of it, and immediately started to prevent it, but arrived too late. The shot had been fired. Casey had called at the editorial rooms of the Bulletin to see James King of William. Instead of attacking him then, and giving him a fighting chance for his life, he simply found fault with what had been said in the Bulletin, and upon being asked if it were true, and retorting that he did not want such things printed about him, was shown the door and left muttering revenge.
Then in a cowardly manner he made all the arrangements for his at- tack and escape, and, hiding himself behind one of the wagons of the Pa- cific Express Company, standing at the corner of Montgomery and Wash- ington streets, he waited for his victim to appear on the usual route he took going to his home. As he stepped on the sidewalk, Casey quickly approached him from the wagon and fired the fatal shot, without giving any warning. Seeing he had inflicted a mortal wound, he retreated to a convenient hack in attendance, with three of his chosen friends awaiting him, each of whom had his revolver drawn to defend the murderer from any attack that might be made by the crowd that soon gathered, and were driven to the jail where his friend, David Scannell, the sheriff, was ready to protect him with all that the city government could muster in his defense. Dr. W. O. Ayres
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states in his personal recollections of this occurrence: "A carriage was standing at the entrance to Dunbar alley, the rear of the police office. It was undoubtedly about to start. I sprang on the step and as I did so, Dave Scannell's pistol was thrust directly in my face. I looked in, and saw Casey on the seat with Scannell with his pistol pointed out of the opposite window. The driver started his horses, and I was thrown to the ground, but was on my feet in an insant, and away with the crowd who were pursuing the carriage at full speed, yelling with every breath 'Hang him! Kill him!'
"The horses were, of course, too light-footed for us, but we all, how- ever, knew their destination, the county jail. The building in Broadway near Kearney was at an elevation, then, of about eight feet above the level of the street, which had been graded down to that extent. On the bank above stood every one of the most noted gamblers and shoulder strikers in the city. Their faces were well known to me, Charley Duane, Dan Aldrich and a host of others. There they stood; a dangerous looking company quietly looking down on the angry crowd that filled the street and surged back and forth in its intense excitement. How came those men to be there ?
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