USA > California > San Francisco County > San Francisco > History of the San Francisco Committee of vigilance of 1851 : a study of social control on the California frontier in the days of the gold rush > Part 28
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5 Alta, 1851, Aug. 26 %. An extract from the address is printed in the Appendix, infra, p. 470.
6 Papers, 550-552.
7 Alta, 1851, Aug. 31 31.
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movement was a clever ruse on the part of the Democrats to use the Committee as a tool to regain the control they had lost in April.8 In spite of the fact that an effort had been made to put the Democratic party on record as opposed to the Commit- tee,9 this charge was repeated as long as the campaign was under way, while it was as constantly contradicted by the Alta and the Herald.
One of the most important indorsements was that of the Democrat, Alexander Campbell, to succeed himself as judge of the County Court. The Vigilantes, whose indictment for murder he had urged upon the grand jury, staunchly supported him in the office where they had found him fearless and incorruptible.10
G. W. Ryckman made an interesting contribution to the history of this political effort. He said that on the day after the execution of Whittaker and Mckenzie he had the following conversation with Jack Hays, who had anticipated renomination for the office of sheriff :11
He said to me: "Ryckman, I am mortified to death. . . . It destroys any hope I may have for a renomination, for I could not be elected; the people would frown upon what they would consider a neglect of duty." I said, "Colonel, don't be foolish. Seek the nomination. We will organize a Vigilance Committee ticket, put you on, and elect you by 1500 to 2000 majority." He took the hint, and accepted the nomination. We got up a Vigilance Committee ticket, put him on for Sheriff, and he was elected by 2000 [1826] majority.
The campaign for this non-partisan ticket was brief but spirited. When the official returns were announced it was shown that the Independents had controlled 1000 to 1300 votes out of
8 Picayune, 1851, Aug. 26-Sept. 4.
9 Resolutions to this effect had been published in the Herald, 1851, Aug. 5 31. See also Popular Tribunals, I, 322-323.
10 Judge Campbell, then in private practice, also opposed the Committee of '56, and even left San Francisco at the time for temporary residence in the Hawaiian Islands (Shuck, Bench and Bar in California, 125).
11 Ryckman, MS Statement, 16-17.
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.
a total of about 5700.12 Though none of the out-and-ont Inde- pendent candidates was elected, the vote in the case of coalition candidates was sufficient to upset the previous Whig majority, and to eleet all the Independent-Democrats, who ran about one thousand votes ahead of the regular Democratie ticket. The Independent-Whigs were also elected, and the figures proved that the party inaugurated at the headquarters of the Committee of Vigilance was able to exercise a decisive influence in city affairs. Jacob R. Snyder, a Democrat elected to the state senate, was an active member of the Committee, as was A. J. Ellis, a Whig who was sent to the assembly, and the two legislators resigned in No- vember to take up their duties at the capital.13 Herman Wohler, a Democrat elected to the assembly, was a less prominent com- mitteeman. P. A. Roach, of Monterey, also a member of the San Franeiseo Committee of Vigilance, was chosen for the senate at this same September election. Whatever may have been the subtle influenees of the Democratic politicians, even the Picayune admitted that the Independents had selected the best candidates for indorsement.14
The gratifying result of the attempt to purify local polities raised sanguine expectations of improvement in local conditions. But a curious situation which arose in the municipal offices of San Francisco went far towards checking the efforts at reform. It will be remembered that under the terms of the new charter a Whig couneil had been eleeted in April, 1851. This body quiekly won the confidenee of the community by the commend- able economy of its administration.15 There was a question,
12 Herald, 1851, Sept. 14. For the state offices, to which the Independents made no nomination, the Whigs polled a majority of 469 to 912, and they had a majority of 400 to 600 for local offices except where the rival Demo- erats were endorsed by the Independents.
13 Papers, 706.
14 Picayune, 1851, Ang. 30 %.
15 See Annals, 348-350, Hittell, California, III, 408-409; contemporary papers, especially Alta, Aug. 27 %; 29 1; Sept. 5 %; Dec. 25 %; 26 91; Herald, Aug. 29 34; 30 %; Sept. 1 3%; Dec. 25 31. The papers commended the old council, but Hittell said it nearly bankrupted the city.
F
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however, as to its legal term of office; the wording of the charter was ambiguous, and while some politicians claimed that a new council should be chosen in September others maintained that the existing body should hold over until September, 1852. The latter interpretation was adopted by the Whigs in office, and when September came they issued no call for elections for the city positions.
The Democrats, with nothing to lose, decided to put the matter to a test, and nominated a full ticket. The Independents, who desired no change in the city government, refrained from wasting any energy on a contest they deemed futile, although some party of obscure origin attempted to present a city ticket which included several members of the Committee of Vigilance. This was published in a single issue of the Herald, but seems to have been withdrawn after some of the nominees repudiated the movement. The only candidates considered at the polls were those on the Democratic ticket, who were elected by a light and uncontested vote. When they attempted to claim their positions the old officials refused to withdraw and the matter was taken to the courts. Late in December the case was decided against the incumbents, and they reluctantly retired in favor of the triumphant Democrats.
By this unexpected shifting of the local administration the Democratie machine acquired control of the city at the very moment when the public eonseienee was aroused to the need of reform, and when the better element was effectively organized in a non-partisan campaign ; for the independent vote had elected Demoerats to some of the most important positions in the county, and the excitement of that open contest had entirely diverted public attention from the quiet movement for city positions by which skilful leaders sought to regain their former prestige. The new comptroller, James W. Stillman, was a member of the Committee of Vigilanee, as were Caleb Hyatt and J. II. Blood,
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aldermen, and D. W. Loekwood and W. H. Crowell, assistant aldermen. None of them played any important part in the work of the association, and their connection with it is not noted in the newspapers that have been consulted in preparing this ac- count of the election. It is unlikely that they were elected by the votes of their fellow Vigilantes, or that they served as any effective cheek on an administration that soon became a target for charges of extravagance and corruption.
As the third month of the Committee's activities drew to a close it became apparent that its continued existence did not depend so much upon the personal convictions of individual members as upon their ability to defray the heavy expenses entailed by the work.
The constitution made no provision for financial needs, but we learn from the documents that each member was assessed five dollars a month for current expenses, and that fines were imposed for absence from duty. The reports of the sergeant- at-arms show that 306 members paid initiation fees of five dollars before June 26. A month later a total of 550 initiation fees had been paid, while 80 were still due. In July 216 paid the monthly assessment and 336 were delinquent; $100 was paid in fines.16
On July 5 a committee of five was appointed to hear the exeuse of delinquent members, as about one hundred had never paid the initiation fee of five dollars, and $1025 was due for fines.17 At this time J. W. Salmon, the first treasurer, was obliged to resign because of ill health, and the position was filled by Eugene Delessert, who remained in office until April, 1852. When the funds were transferred the amount on hand was $800, the debts of the association were $920, and the estimated monthly expenses were $1500. At the end of the month the finance com- mittee reported that $400 was due on initiation fees and $1680
16 Papers, 764, and Index under "C. of V .- Finances."
17 Papers, 177, 205-206.
i
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on the monthly assessment of five dollars, and that in default of these payments the treasurer, Mr. Delessert, had advanced $500 out of his own pocket.18 On this showing it was recom- mended that subcommittees, especially the water police, should exercise greater economy in their expenditures. A few days later plans were made to find less expensive rooms for headquarters, and the salary of the sergeant-at-arms was reduced from $200 to $150 a month.19
Frequent resolutions on the subject of delinquent members show the difficulty of collecting funds. At various times it was voted that the guard should question every one at the door and admit no one who had not paid up to date; that names of those in arrears should be read aloud in the meetings, and that de- linquents should be assigned to guard duty at night.20 A col- lector was appointed on July 19, and an additional collector on August 8. The latter reported three days later that he had with great difficulty secured $200 and could no longer continue in the position.21
But the ordinary expenses of the Committee did not seriously threaten to bankrupt the organization ; dues and fines were paid, even if with reluctance, and the support of the public was proved by frequent contributions.22 A far more serious embarrassment was imminent in the possibility of an adverse decision in the suit of Metcalf vs. Argenti et al., which came up for trial in the Supreme Court on August 16. Contrary to the advice of some of the members, especially of Stephen Payran, the Committee had assumed the expense of the defense, evidently with the ex- pectation that the attorneys would volunteer their services. This
18 Papers, 377.
19 Papers, 443, 447.
20 Papers, 403, 440, 510.
21 Papers, 544.
22 Treasurer Salmon raised nearly $1000 by outside subscriptions (Papers, 205, 752).
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hope was disappointed. The defendants' lawyers demanded compensation for their services, and thus created a serious situ- ation in the face of the depleted treasury.23
The case aroused much interest and served as a test of public sentiment for and against the Committee. The prospective jurors were sharply questioned as to their sentiments towards the organization, and several plainly avowed their approval, while a few were as frankly antagonistic.2+ Members of the searching party testified freely coneerning their participation in the raid. Yet, in spite of the incontestable proof of violent trespass upon Metcalf's premises, and of the impassioned appeals of his conn- sel, the hearing resulted in a disagreement.25 The plaintiff immediately moved for a new trial and raised his claim for damages to $50,000, thus forcing the Committee to expeet in- creased expenses as the case progressed.
Certain passages in the press reports of the Argenti trial hint of occurrences within Vigilante headquarters that left no record in the archives. Metcalf's suit was first noticed in the documents on July 3, and the minutes of the General Meeting on the fifth record the passage of a resolution directing a subcom- mittee to call upon his lawyers, Lockwood, Tilford & Randolph, and ask them to withdraw the complaint. This appeal proved
24 The Herald of Aug. 18 reported, among others, the following answers: Question to F. Adams, not a member of the Committee: "Do you believe that the defendants as members of the Vigilance Committee have a right to enter and search a house withont cause?" Answer: "I believe that they had a cause; I think the Vigilance Committee is right."' Set aside for cause.
J. Wilbur [Wilber] : "Am proud to say that I am able to present a character that entitles me to a membership of the Vigilance Committee." Challenged peremptorily by plaintiff.
J. W. Young: "If I thought the law was wrong and the rules of the Committee right, I would rather lean to the latter."' Excused. Young was mentioned as a member of the Committee, but his name is not on the roll. Marion MeNulty, not a member: "No self-constituted body has the right to act in opposition to the law."
23 Papers, 216, 290, 591, 598. 615.
25 The case was reported in the Herald. and the Alta, 1851, Aug. 17-25. The pleadings of Lockwood were published in pamphlet form and used as a campaign document in the September election (Herald, 1851, Sept. 1 %).
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a grave error in judgment, as it gave those gentlemen an oppor- tunity to make an exceedingly sarcastic rejoinder, which was published with varying comment in several of the papers.26 A few days later it came to the knowledge of the Executive Com- mittee that one of their number, John F. Spence, had spread a report that Stuart had implicated Mr. Tilford in his confession, and the president was immediately instructed to make official denial of the charge, an errand which Payran discharged in most courteous fashion. The retraction was a direct reflection on the gossip of Spence, whose attendance at the Executive meetings was thenceforth very irregular.27 It is quite possible that the rebuke rankled in his mind, for when he was on the witness stand at the trial he revealed a bit of inner history of the Committee by testifying that the motion to communicate with Metcalf's lawyers had never received the approval of a majority of the Committee, had been rejected at the General Meeting, and had only been passed later in the evening by a small number who reconvened after the dispersal of the others.28 Mr. Spence was immediately asked to tender his resignation, but he did not
26 Papers, 155-156, 177, 210. The following preamble appeared in some of the papers:
"To the 'Vigilance Committee' San Francisco, July 7th, 1851.
Sundry fools or knaves, (perhaps both,) styling themselves 'The Vigilance Committee,' having caused to be transmitted to the firm of Lockwood, Tilford & Randolph, a silly but impudent resolution, 'That a committee be appointed to wait on Messrs. Lockwood, Tilford & Randolph, acting as counsel in the case of Metcalf v. Argenti, Atkins, and others, and they are hereby directed to request those gentlemen to withdraw the suit, and decline further proceedings in the matter touching the case.' As a member of that firm, my only answer to the aforesaid fools or knaves, (in addition to my 'verbal' response to the bearers of the resolution,) is, 'I do defy, deny, spurn, and scorn you."
R. A. LOCKWOOD."
(Reprinted in the California Courier, 1851, July 9 %). The Picayune supported the lawyer's position (July 8 2%), but the Herald strongly upheld the Committee (editorial of July 9).
27 Papers, 265-267, 434.
28 Herald, 1851, Aug. 19 3%.
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comply with the request until the announcement of the inde- pendent political ticket gave him a pretext for a dignified with- drawal.29
The resolution of which Spence spoke is incorporated about midway in the proceedings of the evening of July 5, as if it had been adopted while the meeting was in full session, and a little later is recorded the more important resolution which claimed the right to search suspected premises. Relative to the latter. Stephen Payran testified that he had no knowledge at all of the action, and William Sharon deposed that there was decided opposition to its adoption. The resolution appeared in the daily papers subscribed "By order of the Committee of Vigilanee, No. 67, Secretary." It is interesting to observe that in reply to questions on the witness stand Sharon disclaimed knowledge of the identity of "No. 67," and Payran calmly affirmed : "We have no secretary."30 If the Herald quoted that statement correctly, Mr. Payran must have juggled with his conscience. Certainly his utterances cannot be defended on any ground known to the writer.
While considering this episode it may be remarked that two days after the passage of the contested resolutions the General Committee decided that a two-thirds vote should be required for the reconsideration of a measure once adopted.31 This ruling may have been prompted by the action of the small group which reversed the full vote in the matter of Metealf's lawyers. The incident in itself and the sworn testimony at the trial lead one to speculate whether the secretary did not sometimes fail to record occasions that gave rise to significant differences of opinion.
There were other occurrences, very lightly emphasized in the minutes, which indicated that a certain amount of friction constantly accompanied the work of the Committee, and that it
31 Papers, 204.
29 Papers, 509, 552.
30 Herald, 1851, Aug. 19 %.
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was not only the hot temper of the first president that precipi- tated hard feeling. McDuffee, the sergeant-at-arms who had quarreled with Brannan in June, incurred the displeasure of the Executive Committee early in August, so that he was censured for some unrecorded official action. After a short period of pro- bation, he finally resigned.32 Occasional complaints were regis- tered against the character of members or against their insub- ordinate or overbearing behavior.33 One of the expeditions sent out after Whittaker was nearly wrecked because of internal dis- sension ; convicts escaped from the inspected vessels on account of conflict between the guards.34 When the fate of George Adams was under discussion the divergent views were sharp and deter- mined ; and as soon as that matter was decided Colonel William C. Graham, a faithful attendant at the meetings of the Executive Committee, and its secretary for some months, tendered his resig- nation on the ground that he could no longer act in a body where a small minority had the rule. For some reason he reconsidered his action, then resigned again, but again continued his services until August 17, when he resigned once more, together with eight others, who complained that jealousy and petty interference with delegated powers were hampering their performance of impor- tant duties.35 That seems to have been the final exit of Mr. Graham, but the other eight immediately resumed their seats in the circle about the table in the Executive chamber. It was a few days after this that Sheriff Hays seized Whittaker and
32 Papers, 418, 571. See also infra, p. 367.
33 See Papers, Index under "C. of V .- Relations which indicated fric- tion. "
34 Papers, 414 417.
35 Papers, 427, 462, 498-500. The resignation was signed by Payran, Ryckman, Graham, J. B. Huie, Garwood, Schenck, Bluxome, Wadsworth, A. J. Ellis. There were earlier resignations that may or may not have been significant. John Buckler and Alexander Murray found that health forbade them to carry out the duties of the Committee (ibid., 153, 177); R. S. Watson and William T. Coleman had no time to continue in the Executive Committee (ibid., 217, 440).
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MeKenzie from their passive guards, and it is doubtful if the suspicions of treachery that arose from the surrender were ever fully dispelled.
Whatever might have been the issues of this period, they received scant consideration in the records. Various reports indicate that routine business progressed as usual, but there are no minutes of Exeentive meetings from the date of the seizure of Whittaker and MeKenzie until the middle of September, when the Committee of Vigilance was thoroughly reorganized. The recollections of the members ignored the lapse, and Bancroft did not explain it in Popular Tribunals.
It is probable that an unwritten law of the Committee pro- hibited resignations except for the most urgent cause,36 never- theless several were tendered just at this time. Some who asked to withdraw gave no reason at all, or alleged business or domestic preoccupations, others expressed frank disapproval of the policies of the Committee. J. W. Salmon and H. D. Evans resigned without explanation on August 20; George Mellus resigned Aug- ust 30, and on the same day Lloyd Minturn and C. S. Woods asked for long leaves of absence.37 It is evident that under- lying these evidenees of disaffection was an increasing difference of opinion over the future of the Committee of Vigilanee, with a conviction on the part of a growing majority that some form of reorganization was imperative, since by this time conditions in the city showed signs of deeided improvement. Stuart's gang was broken up, and by September 6 the Executive Committee was able to make reports and recommendations eovering the dis- position of every prisoner then in custody.38 It announced that many of the suspects ordered to leave California had consented to defray their own expenses baek to Australia and showed them- selves quite willing to depart in perfect satisfaction with the aets
36 See infra, p. 355.
37 Papers, 527, 577, and Index under "C. of V .- Resignations."
38 Papers, 591-598.
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of the Committee. The concluding sentences of the general report then transmitted read :
Our labours are now completed and so far peace, and security, have attended our efforts for the public good, we earnestly hope that the Blessing of Almighty God may rest upon us, may the cessation of our labours, be no cause on the part of the vicious, to renew their course of life to the injury of the people.
We trust that those in power at this time, and those who shall succeed them, by reason of the late election may so learn wisdom, that in the exercise of their representative duties, they may ease the weight from the shoulders of their constituents, and thereby honour their common Country and preserve their institutions unsullied.
It will now become you, to adopt some action for the future, to so base the present institution, that it may silently be a terror to all evil doers, and a rewarder of all that do well, that it may be a guardian spirit of the land.
Events proved that this recommendation embodied the con- viction of a majority of the members. On September 9 the General Committee appointed a subcommittee to "make such suggestions or propositions as may be of interest to the associ- ation," and to nominate a new Executive Committee of twenty- five. On the same day E. M. Earl asked to have his name stricken from the lists, as he believed the time had come to sur- render power into the hands of the representatives recently elected by the people.39 On the eleventh James F. Curtis dis- covered that his business engagements would not allow the un- remitting attention demanded by the duties devolving upon mem- bers of the Executive Committee.40 On the thirteenth Thomas McCahill, who had caused offense by remarks derogatory to the chief of police, acceded with "grate pleasure" to a request that he should withdraw from the Executive Committee. On the same day J. B. M. Crooks was incontinently expelled from the society when his bill for delinquent fees was returned with the crisp annotation "Says he will be damd before he pays."41
39 Papers, 601, 630.
40 Papers, 630.
41 Papers, 621, 627, 631.
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Such occurrences were straws showing cross currents of opinions. Stephhen Payran was far more definite in the ex- pression of his attitude, and he tendered his resignation from the Executive Committee as a protest against the proposed changes. He interpreted them as censure upon his personal con- duet of affairs, and he stated at a later time that he had been informed that the dissolution of the association had been threat- ened because he was accused of exercising too absolute a power.42 In his note of resignation he took the opportunity to say :
I would love to see it [the Committee], continue for all time, and firmly believe that if the Association could exist under its present order, it would tend to preserve the happy state of our City and State, and make it the abode of Safety, happiness aud prosperity --
Dissolve it, or do anything that would serve to disorganize it, in its essentials, you will throw it open to abuses, never to be recovered from- Anarchy and confusion would soon reign in our midst.
In spite of his wounded feelings Payran did not insist upon the acceptance of his resignation ; he continued to serve as presi- dent, and even formulated a plan for a modification of the work of the Committee, although there is no annotation to show that his scheme was ever submitted for discussion.43
By the fifteenth of September disposition had been made of every case before the Committee, and the prisoners' room at Vigilance headquarters was empty.# On the evening of the sixteenth a General Meeting was held, the minutes for which are unfortunately lacking. At that meeting, however, was presented the report of the Committee on reorganization, which is incor- porated in the minutes of September 17. It recommended the adjournment of the General Committee sine die, and the election of an Executive Committee of forty which should hold office for six months, should "watch with vigilance" the actions of
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