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 40
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Taking all these marked and tangible benefits into consideration, few will regret the past, and all must award the meed of praise to those who thus devote their time, labor and means for the good of the whole com- munity. (See supra, p. 251.)
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PROCLAMATION OF MAYOR BRENHAM
TO THE CITIZENS OF SAN FRANCISCO
We have arrived at an important crisis in the civil and social condition and prospects of our city. A voluntary association of men has been formed, under peculiar bonds to each other, and assuming most extra- ordinary and irresponsible powers, and have undertaken to institute extra judicial proceedings in forms not known to the laws. This association claims and exercises the right to inflict penalties upon those adjudged by them guilty of crime, even to the penalty of death, and has publicly and boldly inflicted that penalty in two instances.
They claim and exercise the right of domiciliary visits, without any accountability, of a character not known under any other than Inquisitorial Governments. The great and sacred writ of habeas corpus has been ren- dered by them ineffectual, and the authority of the highest tribunal of the State disregarded. The circumstances in which the Authorities are placed, in consequence seem to demand of me . . some action by which the views and purposes of the city Government . . may be indicated. . . . .
In a community like ours, where the institutions of government have but just been established, any combinations of citizens . ... whose proceedings are not controlled by law or subservient to the support of constituted author- ity, can have no other than an insurrectionary tendency . ... and must, to an absolute certainty, inflict disgrace upon us . . . . and ruin the confidence which it is of first necessity to our prosperity to secure throughout the com- mercial world. With these views I feel impelled, by the strongest seuse of official duty .... to call upon all citizens to withdraw from such associa- tions, and to unite in a common effort to support the laws, and to sustain a prompt and energetic administration of them in their proper application and action. In addition, I deem the present a proper occasion to announce . . . . that I shall not shrink from a prompt discharge of the duties . . made imperative upon me. . . . . I have to call the attention of all citizens to the provisions of the "Act to regulate Proceedings in Criminal Cases," Chap. IV. I, however, appeal to the good sense and deliberate judgment of my fellow citizens, to relieve me, and the other public functionaries of the city, by their common submission to public order, from the necessity of any application of the requirements of that act.
C. J. BRENHAM, Mayor.
Mayor's Office, July 11.
(Alta California, July 14, 1851. See supra, p. 271.)
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EXTRACT FROM THE CHARGE OF JUDGE ALEXANDER CAMPBELL TO THE GRAND JURY
After the Execution of James Stuart
The question has now arisen, whether the laws made by the constitu- tional authorities of the State are to be obeyed and executed, or whether secret societies are to frame and execute laws for the government of this county, and to exercise supreme power over the lives, liberty and property of our citizens. . . . . Are the people willing to throw away the safeguards which the experience of ages has proved necessary-to trample the laws and constitution under foot-to declare that law is inconsistent with liberty-and to place life, liberty, property and reputation at the merey of a secret society? If such be the disposition of the people . . .. it is time for every man who values his life, safety and honor, to shake the dust from his feet and seek out some new home, where he may hope to enjoy the blessings of liberty under the law. But if, on the other hand, we have not quite forgotten the principles upon which our government is formed-if we believe that the constitution and laws of our country should be reverenced and obeyed, and that public order and tranquility should be preserved ;- if we believe that persons accused of crime should have an open, public and impartial trial by a fair jury of unprejudiced citizens, and should have a reasonable opportunity of making their defence, of employing counsel and summoning witnesses; if we believe that the good name and reputation of our citizens is to be protected from a secret scrutiny, where accusations are made under the influence of fear, by persons of questionable character ;- if we believe that our houses are to be protected from unreason- able searches without color of authority, it is our solemn and bounden duty to take immediate and energetic measures for the suppression of the spirit of reckless violence which overrules the laws and sets the constitution at defiance.
When you first assembled, the Court called your attention to the unlawful execution of a man named Jenkins by an association of citizens. We con- sidered that act was greatly palliated by the circumstances . . that the laws had been defective, and that perhaps there had been some laxity in their administration; that the county had no sufficient jail for the detention of prisoners; that erime had increased to a fearful extent, and that a por- tion of our citizens, deeming that the law afforded them no protection, had in that instance undertaken to execute what they conceived to be summary justice, in violation of the law, but with a sincere desire to advance the public interest. We further stated that the law had been amended in many respects, so as to secure the speedy trial and conviction of offenders . . . . that the county jail had been put in a proper condition for the safe keeping of prisoners, and we expressed the hope that no further attempt would be
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made to interfere with the legally organized tribunals of justice. . . . From the time of your assembling, the Court, the Grand Jury, and all the officers have been actively and constantly engaged in the performance of their duties. At the time when they were making every possible effort to dispose of the criminal business of the county, and when the Court was in actual session and in the performance of its duties; an association of per- sons, of armed and organized men, have undertaken to trample on the consti- tution, defy the laws, and assume unlimited power over the lives of the community. There is no excuse or palliation for the deed. . ... Every person who in any manner acted, aided, abetted or assisted in taking Stuart's life, or counselled or encouraged his death, is undoubtedly GUILTY OF MURDER. It is your sworn and solemn duty, which you cannot evade with- out perjuring yourselves, carefully and fully to investigate this matter, and to do your share towards bringing the guilty to punishment. Upon your fearless and faithful discharge of the trust confided to you, depends, in a great measure, the future peace, order and tranquility of the community. (Alta California, July 13, 1851. See supra, p. 272.)
EXTRACT FROM EDITORIAL COMMENT ON JUDGE CAMPBELL'S CHARGE California Courier, July 14, 1851
No such committee could exist in any form in this city, if the whole body of the community did not consider that necessity and policy demanded it. The committee is composed of peace loving and orderly citizens-many of them are elders, deacons and conspicuous members of the Church. They are not composed of rowdies or blood thirsty men. . .. . We are not going to complain of Judge Campbell's charge-but we can tell him that the men who hung Stuart cannot be indicted, convicted and executed in California, while the records of the Courts show that some of our best citizens have been shot down in cold blood, and that the murderers have beeu permitted entirely to run at large or to slip through their hands, unwhipped and unavenged of justice. These courts heretofore have manifested no holy horror at such deeds. We can say to the Coroner that although he may watch like a hawk the dead body of every villainous culprit executed by the people-so that he may summon a jury to take testimony to criminate the parties-his vigilance will amount to nothing-so long as he can take his time with the corpses of unoffending men who are murdered in cold blood by notorious criminals.
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EXTRACT FROM THE REPORT OF THE GRAND JURY, SAN FRANCISCO, AUGUST 2, 1851
From the Herald, August 4, 1851
There is another subject to which our attention has been directed by the presiding Judge, in his able charge, which has occupied mueh of our time and serious consideration. It is well known that a large portion of our best and most worthy citizens have associated themselves together, and without the intervention of our legal and constituted tribunals, entered upon the investigation of criminal charges against several persons, and executed sentence of condemnation and death.
When we recall the provisions of the constitution of our government, which it is the bounden duty of every citizen to support and maintain- "that no person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury . . . . nor be deprived of life, liberty, or property, without due process of law" -- and find, also, the same provision and language in our State constitution, we feel convineed, doubly convinced while we believe the members of that association have been governed by no improper motives, that their proceed- ings are unlawful, and in violation of the fundamental law of the land. We fear, too, the powerful example of those proceedings may engender a spirit of insubordination, or afford a pretext to other individuals or asso- ciations, here or elsewhere in our State, who may not be governed by the same honest motive, or restrained by the same careful investigation of facts, for the perpetration of deeds of violence, which may lead to anarehy and abuses, dangerous to the lives and property of citizens.
When we reeall the delays and the inefficient, and we believe that with much truth it may be said, the corrupt administration of the law, the ineapacity and indifferenee of those who are its sworn guardians and min- isters; the frequent and unnecessary postponement of important trials in the District Court, the disregard of duty and impatience while attending to perform it manifested by some of our Judges having criminal jurisdiction, the many notorious villains who have gone unwhipped of justice, lead us to believe that the members of that association have been governed by a feeling of opposition to the manner in which the law has been administered and those who have administered it, rather than a determination to disregard the law itself.
Under institutions so eminently popular as those under which we live, the power of correcting all these abuses is with the people themselves. If our offieers are unfit for the stations they occupy, if the laws are not faith- fully executed, if an arraigned criminal proenres his own friends to be placed on the jury that tries him, where is the fault and where the remedy ? If those of our citizens who are most interested in having good and whole-
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some laws, and in seeing them purely administered, will not give sufficient attention to our elections to procure proper and sober legislators, judicial and other officers, and neglect to obey the mandates of our courts when summoned as jurors and witnesses, as has been too often the case, can they expect to see justice prevail? and is it not in the neglect of their duties in these important particulars they may find the true fountains from whence have sprung many of the evils we have suffered? The Grand Jurors, believ- ing whilst they deplore their acts, that the association styling themselves the "Vigilant Committee" at a great sacrifice to themselves, have been influenced in their actions by no personal or private malice, but for the best interests of the whole, and at a time too when all other means of preventing crime and bringing criminals to deserved punishment had failed, here dismiss the matter as among those peculiar results of circum- stances that sometimes startle communities, which they can neither justify or by a presentment effect any benefit to individuals or the county ; and with the assurance that there is a determination on the part of all well disposed citizens to correct the abuses referred to by selecting proper officers to take the places of those who have violated their trusts, and by performing each his part in the administration of the laws. When this is done the axe will have been laid at the root of the tree-the proper remedy applied for the correction of the grievous evils our city and county have so long suffered, and there will be no necessity for the further action of that Committee. To them we are indebted for much valuable information and many important witnesses.
GEORGE ENDICOTT, Foreman.
KINGSBURY ROOT* J. D. FARWELL* C. L. TUFFS*
F. A. BALL* WILLIAM M. HOGG* E. TICHENOR
JNO. MCCURDY C. L. Ross
HARVEY DICKINSON
FRANCIS PANTON W. B. PEAKE* B. C. HORN
D. A. SHEPARD BEVERLY C. SAUNDERS [SANDERS*] W. E. LYNDALL
(The jurymen designated by a * were members of the Committee of Vigilance. See supra, p. 273.)
PROCLAMATION OF GOVERNOR MCDOUGAL
Executive Department, Vallejo, July 21st, 1851
TO THE PEOPLE OF THE STATE OF CALIFORNIA.
It has been represented to me that organizations of citizens, styling them- selves "Vigilance Committees," have been formed in various portions of the State, and assume powers inconsistent with the existing laws, and serious apprehensions are entertained of collision between the constituted
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authorities and the citizens thus organized; and it becomes my duty to take some step by which so great a calamity may be averted. It is earnestly hoped that a few simple and practical suggestions may serve to secure this desirable end.
No security of life or property can be guaranteed except the constitution and laws are observed. Let these be forcibly dispensed with, their sacred- ness violated, and submission to their authority refused, and we are reduced to a state of anarchy more dangerous in its tendencies and probable results than the worst laws, under our system can possibly be, no matter how cor- ruptly administered. We are just entering upon our career, our character is not yet formed, people from all elimes and all countries are flocking to our shores, it then becomes us to take no unadvised step which shall retard our progress now or prejudice our elaims to a high and commanding stand hereafter. But more than this, we owe it to ourselves to impress upon the strangers who have settled amongst us, unacquainted with, and perhaps entertaining prejudices unfavorable to the practical operation of our peculiar institutions, that our government is a government of laws, and that though they may sometimes prove inadequate, sometimes operate oppressively, or be administered corruptly, the remedy is not in a destrnetion of the entire system, but is to be secured by a peaceful resort to those constitutional means which are wisely afforded to reform whatever abuses may exist, and correct whatever errors may have been committed.
The occurrences of the past three or four weeks, the apprehension of individuals within the jurisdiction of legally constituted tribunals, their trial, sentence, and execution without authority of law, by a voluntary association of citizens, who thus virtually place themselves above and beyond all law except that prescribed by and for themselves, will prove sufficiently prejudicial to our interests abroad, commercial and otherwise, if such organ- izations, assuming such unquestionably dangerous powers, were now dis- solved, but if continued there is no calculating the extent of the injury which may result to us as a State. The dangerous tendencies, in other respects, of organizations of the character under consideration, the excite- ment produced in the public mind, consequent upon their action, resistance to the constituted authorities, which must almost inevitably result, and threatened collisions between themselves and officers of the law in the execution of their duties, cannot but be appreciated and deprecated by every right thinking and patriotic citizen of the State, and need not therefore be dwelt upon here. Whatever may have been the exigency heretofore existing, requiring, or supposed to require the adoption of extraordinary measures on the part of the citizen, it has now happily, in a great degree, passed, and such measures should, on this account, if on no other, be at once abandoned. Another criminal code, with more efficient provisions, attaching adequate penalties to the commission of offenses, and directing
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a more prompt and effective administration of justice, has gone into oper- ation. Courts are now enabled to try, sentence and execute as the offence deserves; safe and secure prison-houses are being provided, and the officers, there is reason to believe, are ready and anxious to discharge the high duty imposed upon them by the people.
I cannot do less therefore, than earnestly recommend to my fellow citi- zens everywhere throughout the State to aid in sustaining the law, for in this is our only real and permanent security. Associations may be organized, but they should be formed with the view to aid and assist the officers of the law in the execution of their duties, and act in concert with the civil authorities to detect, arrest, and punish criminals. By pursuing this course, much good may, and undoubtedly will, be accomplished, and all the daugers which threaten unlawful assumptions of power, thus averted. Inefficiency will not then secure impunity to crimes, nor dangerous criminals be per- mitted to go unwhipt of justice. It is my sworn duty to see that the laws are executed, and I feel assured that all good citizens will cordially co- operate with me in its discharge.
JOHN MCDOUGAL, Governor.
(Alta California, July 23, 1851. See supra, p. 274.)
AFFIDAVIT AND WARRANT FOR THE SEIZURE OF WHITTAKER AND MCKENZIE
State of California, County of San Francisco.
I, John MeDougal, of the city of Vallejo, county of Solano, and State aforesaid, being duly sworn, depose and say, that I have good reason to believe and do believe that Samuel Whittaker and Robert MeKenzie are illegally held in custody, confinement or restraint by a body of men styling themselves "The Vigilance Committee of the city of San Francisco" and that there is good reason to believe that they will be carried out of the jurisdiction of this Court, or will suffer some irreparable injury before a compliance with a writ of habeas corpus can be enforced. And further, says not.
JOHN MCDOUGAL.
Sworn to and subscribed before me, this 20th day of August, 1851. MYRON NORTON Ass't Justice of the Superior Court City of San Francisco.
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State of California, County of San Francisco.
The People of the State of California to the Sheriff of said County, greeting :
Whereas it has been represented to me, an Associate Justice of the Superior Court of the city of San Francisco, upon oath, that Samuel Whit- taker and Robert Mckenzie are restrained of their liberty by a body of men styling themselves the Vigilance Committee of the City of San Fran- cisco, and that there is good reason to believe that said Whittaker and Mckenzie will suffer irreparable injury before compliance with the writ of habeas corpus can be enforced-you are therefore commanded to take said Whittaker and Mckenzie and forthwith bring them or either of them before me, at the Court House in San Francisco aforesaid, to be dealt with according to law.
Witness my hand and the seal of the said Court, this 20th day of August, 1851.
MYRON NORTON, Associate Justice of the Superior Court, City of San Francisco.
On this was indorsed the Sheriff's return as follows:
I hereby certify that I received the within writ, at 3 o'clock A. M., and executed the same by taking the bodies of Samuel Whittaker and Robert Mckenzie, and have them now in my custody.
August 20th, 1851.
JOHN C. HAYS, Sheriff.
(San Francisco Herald, August 21, 1851. See supra, p. 295.)
NON-PARTISAN ADDRESS TO THE VOTERS OF SAN FRANCISCO TO THE PEOPLE OF THE CITY AND COUNTY OF SAN FRANCISCO
In view of the General Election, on the eve of which you now stand . we, the undersigned, citizens of San Francisco, appeal to you, in the name of the common good of California, and would earnestly urge, that in casting your votes for suitable men to enact and administer laws, you will be careful to disregard all questions but such as relate to the general welfare.
In whatever light we may examine the present evils of society, every man must come to the conclusion that the primary error is in the people themselves. Trace the troubled waters of the community back to their source, and the explorer will find his journey terminate at the ballot box. There is where the fountain of evil found vent-not in the votes there given, so much as in the neglect of those who should have been there to select and elect proper men. . . .
Herewith we present to your consideration and suffrages the names of certain gentlemen for the respective offices so soon to be filled as you may
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decide. In making the selection, we have cast aside every question but that of their fitness on the score of honesty and integrity of character, faithfulness to the interests of our city and State, and mental qualifications for the position. We ask you to receive them as such. . . .
Sweep clean the Augean stables of legislation; purify the ermine; show by your votes that honesty and virtue are at a premium in public estimation ; and that hereafter no qualifications but those of integrity and capacity can pass current with the voters of this city and State. . .. . You have now the corrective in your own hands. The fate of California hangs trembling within your reach. You cannot neglect to act without criminal indifference; you cannot vote for any but honest and respectable men, without danger and disgrace.
JAMES KING OF WM., G. W. RYCKMAN, GEO. M. GARWOOD,
J. L. BLOOD, S. L. DEWEY, JAS. WADSWORTH,
W. L. BROMLEY, S. E. WOODWORTH, JAS. F. CURTIS,
W. H. JONES, W. D. M. HOWARD, W. A. DARLING,
H. M. NAGLEE, JAS. B. HUIE,
Nominating Committee.
(Alta California, August 27, 1851. All the signers were members of the Committee of Vigilance. See supra, p. 324.)
EXTRACT FROM A SPEECH MADE AT THE PRESENTATION OF A BANNER TO THE COMMITTEE OF VIGILANCE
Mr. Brooks, spokesman for the donors, said, in part:
This presentation is not a hasty movement. . . .. In the month of June . . .. the ladies of Trinity Parish .... resolved to express their full appro- bation of the acts of this Committee by the presentation of a banner. . . . .
The ornaments of the banner are intended to assist in expressing the confidence of the donors in this association, their reliance upon its strength and protection, and their confidence in the blessings which will flow from its existence and its action. On that side of the banner which bears the name of this association, the date of its organization and the purposes of its creation, the inscription is enclosed in a wreath of live oak, an emblem of their strength that defies the storms and tempests that howl and threaten around it. . . . Entwined with this emblem on the one side is the fig. The emblem of home with all its pictures of quiet delight, of prosperity, . of happy faces and loving hearts. .
On the other side the oak entwines with the olive .- Because from your strength comes peace. . . .. Under the protection of your vigilance and strength, our rights, our lives, our persons and our property is safe from rapine and violence; but what is of far more importance, and what I feel from the bottom of my heart is, that in your banded strength, our dearest treasures, our wives and children find a safe and sure protection.
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On the reverse of the banner which bears upon its more delicately tinted front the names of those who gave the banner, and the reason why it was given, a simple wreath of varied flowers encircles the inscription. . . . .
This gift comes with peculiar appropriateness from the ladies. At the time that this society was organized our situation was very different from what it is at present .- It is true that the strong man with loaded revolvers in his pocket, and bowie knife concealed in his breast, might defy the attacks of the Sydney convict and the refuse of all the world which infested our city; but it was different with the weak and defenseless woman. She who sits patiently at home waiting for her husband's return from his business- in every noise about the house she fears the burglar and the robber. If the husband is delayed beyond his usual time, a thousand fears, a thou- sand horrid visions of murder and outrage and violence come npon her heart, and fill her with anguish and dismay. Such was San Francisco-but now we live in peace; we sit beneath our vine and fig tree happy and secure, and woman's heart feels and this her gift expresses, her gratitude.
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