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 39
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DOCUMENTARY APPENDIX
HANDBILL ISSUED IN SAN FRANCISCO, FEBRUARY 22, 1851 Following the Attack on C. J. Jansen
CITIZENS OF SAN FRANCISCO
The series of murders and robberies that have been committed in this city, without the least redress from the laws, seems to leave us entirely in a state of anarchy. "When thieves are left without control to rob and kill, then doth the honest traveller fear each bush a thief!" Law, it appears, is but a nonenity to be scoffed at; redress can be had for aggression but through the never failing remedy so admirably laid down in the code of Judge Lynch. Not that we should admire this process for redress, but that it seems to be inevitably necessary.
Are we to be robbed and assassinated in our domiciles, and the law to let our aggressors perambulate the streets merely because they have fur- nished straw bail? If so, let "each man be his own executioner." "Fie upon your laws!" They have no force.
All those who would rid our city of its robbers and murderers, will assemble on Sunday, at two o'clock, on the Plaza. (Alta California, 1851, Feb. 23, 3%. See supra, p. 172.)
THE POPULAR TRIAL OF WINDRED AND BERDUE, SAN FRANCISCO, FEBRUARY 22, 1851 Described by William T. Coleman
I said, "We don't want a mob; we will not have a mob! But let us organize as becomes men. Let it be done immediately, here, as a committee of citizens, and as a court, and coolly maintain the right, and insist upon it. These men can be tried in three hours time, and the truth known as clearly then as it ever can be. . . .. The witnesses are all here. If any delays are allowed, they will probably be spirited away, as others have been here- tofore, and justice cheated, and the high-handed outrages, lately so com- mon, will be encouraged, continued and increased." A loud response went up on every side. I then said, "All who are in favor of this motion, that we organize and take this business in our own hands immediately, will signify it by saying, Aye." There was one unanimous shout and yell. . .. . I moved into the inner hall, which had been used I believe as a court room, and the mob moved with me. I mounted a chair, and asked that the assem- blage should select a good citizen, one of the best men in the city, to act
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as Judge. Mr. Spence, an English merchant I think, was soon selected, and upon invitation, took the seat of the Judge. I then proposed that a jury be impaneled, to consist of a dozen of the best citizens. I then pro- posed that counsel be selected, or that they might volunteer. For the prisoners, Hall McAllister, Calhoun Benham, and Judge Shattuck volun- teered and were soon at the post. I asked for volunteers for the prosecution, and on all sides they cried out that I must conduct the prosecution. I asked if I must be alone, and they insisted, "Yes," that they were all with me. . .. . I then required that the prisoners be in the immediate charge of our friends, and it was responded to. As it had by this time grown to be about noon, I proposed that the mass of people should adjourn to their homes, get their mid-day meal, and come back to prepare for the work of the after- noon. . . . .
One purpose I had in the adjourmment was to call upon some of the leading citizens-Howard, Green, Brannan and others. .... I wanted the co-operation of the oldest, best known and most valued citizens. I was very young, partly unknown, and did not want to make a misstep nor a mistake, and felt that the course, under the circumstances, was the better one. I believed that I could soon convince them of it, and I wanted to prevent any needless opposition, should such a thing be contemplated, and catch any valuable suggestions that might be dropped. I drove to the resi- dence of some, asked friends who flocked around me to see others, and had soon canvassed the subject with all I could reach. The result was that a number of those who had acted with the mayor heartily joined us and pro- ceeded to the Court House. Others simply refrained, saying they were willing for the people, if they wished, to follow the course adopted in the morning. They pretty much all admitted the almost positive certainty of a mob and a mob execution, unless a better direction were given to our highly excited people, and that a fair trial in the way I proposed, though a hasty one, would be far preferable. (MS Statement, 7-10, passim. See supra, p. 174.)
ORGANIZATION OF CRIME IN THIS STATE Extract from the San Francisco Herald, June 5, 1851
The recent detection of a band of marauders at Stockton, developing a brotherhood in crime extending throughout the entire country, and the watchfulness of the people, both there and in this city, gives promise that, with a united effort in every portion of the country infested by these scoundrels, we shall soon be rid of their depredations. . .. . It is full time some means were adopted to rid the country of this organization. The commencement should be made in this city, and the means are very simple. . . . . A committee of citizens should be appointed-those acquainted with them should be employed to point out these notorious characters-a vessel
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should be chartered and vietualled, and every man known to the police to be implicated in crime, should be placed on board and sent out of the country. Hanging would have an excellent example unquestionably, but hanging one or two will not rid the community of the remainder. Let a general war be made on those scoundrels-quietly and without bloodshed let it be-but with the distinet intimation that should they ever return they will be sum- marily dealt with. We believe that to send them out of the country is the only effectual method of getting rid of those pests, and we trust the method will be adopted. (See supra, p. 184.)
EXTRACT FROM THE STOCKTON JOURNAL Printed in the San Francisco Herald, June 10, 1851 TO THE PUBLIC
Citizens of Stockton: Without any war cry we already have an enemy in our country and in the midst of our town. The signal is Theft! Murder !! Fire !!! . . .
Our laws are treated with contumely; our respectable citizens are sup- planted by wholesale hordes of refuse from Sydney and other countries, who find how easily in California they can resume their old trades of rob- bery, plunder and incendiarism, and soon this golden country will be known only as the rendezvous for pirates by land and water.
Citizens! We are as yet strong enough to meet the enemy, and the remedy is with ourselves.
The laws are good for peaceful times, but not for such a state of turmoil as the present. For such uncommon times, we should have equally stringent measures to meet them.
Citizens! in such an emergency you have to frame your own laws. The country is in danger and there is no time to wait.
The government and the people are one! Show that, if necessary, you can rule yourselves! All hope of justice is fallacious. Citizens of Stockton, our town is also included in the warfare. Fire, robbery, and murder are the order of the day. Wait not until it is too late, but call a meeting, appoint a commission and proclaim at onee martial law, and lead the way.
All industrious men earn a liviug : the sick and infirm we are glad to help, but the thief, incendiary and murderer can expect no mercy at our hands.
In martial law there are some few inconveniences, but the good citizen will not object to that which will assure his life and property, an-l the guilty being executed on the spot will prevent our prisons from filling, con- sequently the prisoners from escaping.
(See supra, p. 184.)
G. WALDO.
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PROPOSITIONS FOR PUBLIC SAFETY
Extract from Alta California, June 8, 1851
Messrs. Editors-You are very well aware that the engrossing and absorbing topic at present, in this community .... is the insecurity of our lives and property, owing to our city's being infested with the most desperate and determined and well organized band of villains with which any population was ever cursed. . . . . Desperate diseases require desperate remedies, and though the remedies I am about to suggest may not be strictly in accordance with the law, I believe the time has come when it is demonstrated that we must be a law unto ourselves, and there are enough good men and true who are ready to take hold and make root and branch work of this infernal system of crime which now stalks forth boldly in our midst. .
I propose then, to establish a committee of safety, whose business it shall be to board, or eause to be boarded, every vessel coming in from Sydney, and inform the passengers that they will not be allowed to land, unless they can satisfy this committee that they are respectable and honest men . . and let any one transgressing this order be shot down without mercy.
The next remedy I would propose would be to appoint a committee of vigilauce, say of twenty men, in each ward, whose duty it shall be to hunt out these hardened villains . . . . and give them five days to leave the city, warning them at the same time that after that a war of extermination will be commenced against them. . . . It may be well to call a public meeting in the square, to organize and carry out these views. . . . . Without this, or some similar plan, the evil cannot be remedied, and if there is not spirit enough amongst us to do it, why then in God's name let the city be burned, and our streets flow with the blood of murdered men. I will do what I can to defend myself and take my chance with others, but I will not believe this is so. and trust that immediate public action will take place.
(Written by R. S. Watson. See supra, p. 184. ) JUSTICE.
CRIME IN SAN FRANCISCO
Extraet from the California Courier, June 10, 1851
It is clear to every man that San Francisco is partially in the hands of Criminals, and that crime has reached a crisis where the fate of life and property are in imminent jeopardy. There is no alternative now left us but to lay aside business and direct our whole energies as a people to seek out the abodes of these villains and execute summary vengeance upon them. . What now shall be done? Are we to continue to threaten, and nothing
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more? . . . . Why stop, under the present uusafe and uncertain state of affairs, to have a thief, or one who attempts to fire the city, placed in the hands of law officers, from whose clutches they can, with ease, be relieved by false swearing, and the ingenuity of lawyers? or what is equally as certain, their escape from prison? Where the guilt of the criminal is clear and unquestionable, the first law of nature demands that they be instantly shot, hung, or burned alive. . . .. We must strike terror into their hearts.
Those who object to this summary and terrible mode of punishment, ought to recollect the men who were burned to death in the last fire. In thus punishing these criminals we may save the lives of hundreds of innocent beings. .... We can bear these things no longer. No man, since we became a city, has been hung in San Francisco. Some fifty murders have been committed, but no murderer has suffered death for his crimes.
We ask again, what shall be done? We are in the midst of a revolution, and we should meet the emergencies of our condition with firm hearts and well-braced nerves. We have no time to talk about the defects of the laws- of the dangers which beset us; but we must act, and act at once-act as men do in revolutionary times. . We hope a meeting of the people will be called to-morrow afternoon, at 4 o'clock, in the Plaza, to organize a powerful force, and to establish some system of measures to rid this com- munity of the criminals who infest it. . . . . Men of San Francisco, act, and act at once. (See supra, p. 185.)
THE OGRANIZATION OF THE COMMITTEE OF VIGILANCE DESCRIBED BY THE MEMBERS
Statement of James Neall, Jr.
On Sunday [June 8] . .. . George Oaks, [Oakes] . . . . in conver- sation with me, upon the perilous condition of society at that time, said we ought to take some steps to see if we could not change these things, and suggested that we should go up and have a talk with Sam Brannan, and we went up to Brannan's office, on the N. E. coruer of Sansome & Bush Sts. We there found Mr. Brannan and his clerk, and sat down and talked the matter [over]. .... We discussed the subject, and . . . . concluded that something must be done, and it was suggested that each one of us should give Mr. Brannan's clerk, Mr. Wardwell, the names of such men as we could mention, whom we knew to be reliable, to invite them to meet us at 12 o'clock noon the next day, at the California Engine House . . . . to devise some means of protecting ourselves from the depredations of this hoard of ruffians, who seemed to have possession of the city. There was no such thing as doing anything with them before the Courts; that had been tried in vain. Notices were sent out to parties to the effect that they
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were nominated, each as chairman of a committee for his neighborhood, to invite their fellow citizens, good reliable men, to meet . . as above indicated.
In pursuance of that call, at 12 o'clock on Monday, there was a large gathering, so that the room was crowded. There they entered into a dis- cussion upon the evils by which we were surrounded, and . ... what the remedy should be . ... and the meeting then adjourned, to assemble again that evening at the old Brannan building, on the N. W. corner of Sansome and Bush Sts. for the purpose of organization and settlement of a course of action. The adjourned meeting was held that evening, and a partial organization was effected, and they adjourned to meet on Tuesday evening at the same place. There they perfected the organization, and determined upon a method by which the society should be called together, in case of any disturbance, which was three taps of the bell on the California Engine House at the junction of Bush and Market Sts. The bell was not on the engine house but was on the ground. (MS Statement, 1-3.)
Statement of William T. Coleman
I had nothing more to do with publie matters until I received one day a circular, signed, I think, by Col. J. D. Stevenson, asking me to meet a number of good citizens of the place, the next evening, at the building of Mr. Samuel Brannan . . . . to consult on measures needed for the safety of life and property in the city. This was on [Tuesday] the 10th of June, 1851. I was early at the building, and found a number of gentlemen there, probably thirty or forty already. An organization was formed, and the objects of the meeting stated, with a brief discussion. Articles had been already prepared for the mode of organization, and some thirty or forty names were enrolled, and it was styled the Committee of Vigilance of San Francisco, the avowed objects of the Committee being to vigilantly watch and pursue the outlaws and criminals who were infesting the city, and bring them to justice, through the regularly constituted courts, if that could be, through more summary and direct process, if must be. Each member pledged his word of honor, his life and fortune if need be, for the protection of his fellow members, for the protection of life and property of the citizens and of the community, and for purging the city of the bad characters who were making themselves odious in it. After arranging for concert of action, watchwords, and a signal to be used to call the members to the rendezvous . . . and detailing officers for immediate duty, enrolling a number of members, all among the most respectable, substantial and well- known citizens of the place, and the disposition of some needed business,- the committee adjourned for the evening. (MS Statement, 17-18.)
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OFFICIAL ANNOUNCEMENT OF THE COMMITTEE OF VIGILANCE
On June 13, 1851, the San Francisco Herald and the Alta Cali- fornia printed the constitution of the Committee of Vigilance, and also the following official announcement :
WHEREAS, the citizens of San Francisco convinced that there exists within its limits a band of robbers and incendiaries, who have several times burned and attempted to burn their city, who nightly attack their persons and break into their buildings, destroy their quiet, jeopardize their lives and property, and generally disturb the natural order of society; And WHEREAS many of those taken by the police have succeeded in escaping from their prisons by carelessness, by connivance, or from want of proper means or force to secure their safe confinement, therefore be it
RESOLVED, That the citizens of this place be made aware that the Committee of Vigilance will be ever ready to receive information as to the whereabouts of any disorderly or suspicious person or persons, as well as the persons themselves when suspected of crime.
RESOLVED, That as it is the conviction of a large portion of our citizens, that there exists in this city a nuclens of convicts and disorderly persons, around which cluster those who have so seriously disturbed the peace and affected the best interests of our city, such as are known to the police of the city or to the members of the Committee of Vigilance as felons by conduct or association, be notified to leave this port within five days from this date, and at the expiration of which they shall be compelled to depart, if they have not done so voluntarily within the time specified.
RESOLVED, That a Safety Committee of thirty persons be appointed, whose sacred duty it shall be to visit every vessel arriving with notorious or suspicious characters on board, and unless they can present to said com- mittee evidences of good character and honesty, they shall be reshipped to the places from whence they came, and not be permitted to pollute our soil.
RESOLVED, That all good citizens be invited to join and assist the Committee of Vigilance in carrying out the above measures, so necessary for the perfect restoration of the peace, safety and good order of our com- munity.
The names of the first hundred and eighty members were printed as signers of the constitution and announcement, and the communi- cation continued :
The above, a portion of the Committee of Vigilance lately established in this city for the preservation of order, punishment of vice, and for the purpose of meteing [sic] out that justice so long withheld from criminals, unwilling that the names of a few of their associates should be selected by the Coroner's jury as the principal actors in the trial and execution of
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Jenkins, inform the public that they, with all the members of the Com- mittee are equally responsible for the first act of justice that has been dealt to a criminal in San Francisco since California became a State of our Union.
Our fellow citizens, remembering the escape of Withers, Daniels and Adams; of Stuart, Windred and Watkins, and the tardy manner in which tho ineendiary Lewis is being brought to justice, will see the necessity of the stringent measures we have adopted.
This publication also informs those friendly to the cause that the Com- mittee of Vigilance have nothing secret in their proceedings, but such matters as would tend to defeat the object for which we are associated, were they made public. (See supra, p. 216.)
THE METHODS OF THE COMMITTEE OF VIGILANCE
The Executive Committee had all cases brought before them to dispose of. They had nothing to do with arrests, unless they were very efficient men, and could not be kept still. When any men were arrested and turned over to the Committee, they were tried by the Executive and such trials were as honest and impartial as ever a man had, and no man was convicted without an abundance of testimony, such as would conviet any human being in any court of justice; only we could not allow any alibis to come in to sereen these fellows. After the trial and conviction of the prisoner, the ease was referred to the General Committee for its action, and the testimony was sent to them. They invariably confirmed the decisions of the Executive Committee, and it was impossible for them to do otherwise, in the face of such proofs as were offered.
The Committee was composed mostly of our best men; the salt of San Francisco joined us. Every thing was organized in a proper and unmis- takable shape, so that every man had his duty to perform, and he had to report daily to the Committee, and if anything had transpired it was prop- erly noted. Every man had his place, and there was a place for every man ; there were no drones there. (G. W. Ryekman, MS Statement, 5. See supra, p. 222.
HANDBILL CALLING FOR A MASS MEETING TO SUSTAIN LAW AND ORDER
The people of the city and county of San Francisco, republicans one and all, are called upon to choose now, ere it is too late, which they will serve-the law and order power of our city, or the dictators and anarchists who have lately disgraced our city by their lawless and criminal proceedings, and are yet endeavoring to assume unlimited and unlawful power in the punishment of criminals. Even now they are going from door to door, from city to city, soliciting desperate men to join their secret Committee,
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with a view to transfer the criminal jurisdiction from our legally con- stituted tribunals into their own irresponsible hands, thus subverting all government, all law, all justice, as made and provided by the United States and our own state constitution. Will ye, lovers of law, and order, and social compact, longer tolerate such men in their career of murder and subversion of the laws, among whom are those guilty of the very crimes they profess to punish ? Shall it be said that our police is not of sufficient force to arrest these murderers, and our city officials shall wink at their outrages, thus perjuring themselves? Shall we tolerate, in this enlightened age, a Danton, a Robespierre, or a Fouché, and all the paraphernalia of a secret inquisition for the suppression of our laws and criminal courts? Then to the rescue of law and order from the hands of a secret inquisition, every good citizen, and without further invitation turn out en masse to a public meeting to be holden on the plaza, Sunday next, June 22d, at three and a half o'clock, P. M., and there join in the general opposition to the acts and further operations of midnight murderers; and let the civilized world know that we can and will support law and order, and that our social compact shall be as much observed by the wealthy criminal, public robber, and law subverters, as by the lowly thief.
(Popular Tribunals, I, 321-322. See supra, p. 239.)
MANY CITIZENS.
REWARD FOR INCENDIARIES
$5,000 REWARD WILL BE PAID BY THE COMMITTEE OF VIGILANCE to any person or persons who will place in its power any man against whom sufficient evidence can be brought to convict him of the crime of arson.
FL COMITADO DE VIGILANCIA ha decidido, en su sesion de anoche, que la soma de cinco mil pesos seran pagados a la persona o personas por la aprension y conviccion de un incendiario ante dicho Comitado.
L E COMITE DE SURVEILLANCE a decide, dans sa seance d'hier soir, que cinq mille piastres seraient donnees a quiconque mettrait dans son pouvoir avec temoinage suffisant pour la conviction de toute personne coupable du crime d'incendie.
D ER SICHERHEITS COMITE in seiner sitzung von gestern abend beschlossen fuer die auslieferung eines Brandstifters die summe von fuenf tausend dollars zu bezahlen.
(Reproduced exactly as printed in the California Courier, June 26, 1851. See supra, p. 245.)
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NOTICE OF THE COMMITTEE OF VIGILANCE, SAN FRANCISCO HERALD,
JULY 2, 1851
Since the execution of Jenkins . . . . [the Committee] have increased their numbers, by voluntary enrollments, from one hundred to nearly five hundred. . ... One hundred of these are always on duty, night and day, and all may be summoned at a moment's notice in case of need. . .
They have instituted a most elaborate and thorough investigation into the haunts and character of all suspicious persons . ... and where the evidence is satisfactory that individuals live by plunder and rapine . ... they have given them a warning to leave the city within five days. By this peaceful means the community has been rid of a great number of the vilest criminals that have infested it. Where obedience is refused to their mandate-as in the ease of Hetherington-the Committee proceed in a body to enforce their sentence. They are not children to be trifled with, and the outlaws are now convinced of it.
They have made a number of arrests on suspicion of various erimes. Several have been discharged, no proof being found against them, and others have been found guilty as well of positive crimes brought home to them, as of general bad character, making them dangerous to the peace of the community. Several of those found guilty are now confined securely iu the harbor, and arrangements have been made to ship them back to Sydney in a few days. One, a Mexican, was publicly lashed, and then expelled from the city. There are men still under examination for the commission of crime. The Committee are waiting for important witnesses that have been sent for in the interior. To expedite the ends of justice they spare no expense and are deterred by no difficulties. Witnesses will be sent for, when necessary to the fartherest corners of the State, and the committee will bear their expenses. Their arm is long as well as strong. In addition to all this they have offered a reward of $5000 for the apprehension and con- viction of any one guilty of the crime of arson. These admirable and sagacious means for the prevention of crime, and for the sure and speedy punishment of those caught in its commission, have instilled the hope in the breasts of our citizens that a brighter and better day is before them. The Courts, too, have been incited to unwonted exertions by the presence of this body in our midst, and have lately disposed of criminal cases with great promptness and energy.
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