USA > California > San Francisco County > San Francisco > The annals of San Francisco; containing a summary of the history of California, and a complete history of its great city: to which are added, biographical memoirs of some prominent citizens > Part 47
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In the case of Stuart alias Burdue, in February, 1851, the want of organization and previous arrangements on the part of the people, had been severely felt. As the popular demonstration of that period had failed to strike criminals with terror or lessen crime, a number of the leading citizens organized themselves into the Vigilance Committee. This was in June, 1851. The con- stitution of the association was as follows :-
" 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 society
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THE VIGILANCE COMMITTEE.
as it. at present exists, or under the law as now administered ; Therefore, tho citizens, whose names are hereunto attached, do unite themselves into an association for the maintenance of the peace and 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, in- cendiary or assassin, shall escape punishment, either by the quibbles of the law, the insecurity of prisons, the carelessness or corruption of the police, or a laxity of those who pretend to administer justice. And to secure the ob- jects of this association we do hereby agree :
" 1. That the name and style of the association shall be the COMMITTEE OF VIGILANCE, for the protection of the lives and property of the citizens and residents of the city of San Francisco.
"2. That there shall be a room selected for the meeting and deliberation of the committee, at which there shall be one or more members of the com- mittee, appointed for that purpose, in constant attendance, at all hours of the day and night, to receive the report of any member of the association, or of any other person or persons whatsoever, of any act of violence done to the person or property of any citizen of San Francisco ; and if in the judgment of the member or members of the committee present, it be such an act as justifies the interference of the committee, either in aiding in the execution of the laws, or the prompt and summary punishment of the offender, the com- mittee shall be at once assembled for the purpose of taking such action as a majority of the committee when assembled shall determine upon.
" 3. That it shall be the duty of any member or members of the committee on duty. at the committee room, whenever a general assemblage of the com- mittee is deemed necessary, to cause a call to be made by two strokes upon a bell, which shall be repeated with a pause of one minute between each alarm. The alarm to be struck until ordered to be stopped.
" 4. That when the committee have assembled for action, the decision of a majority present shall be binding upon the whole committee, and that those members of the committee whose names are hereunto attached, do pledge their honor, and hereby bind themselves to defend and sustain each other in carry- ing out the determined action of this committee at the hazard of their lives and their fortunes.
"5. That there shall be chosen monthly a president, secretary and treasurer, and it shall be the duty of the secretary to detail the members required to be in daily attendance at the committee room. A sergeant-at-arms shall be appointed, whose duty it shall be to notify such members of their details for duty. The sergeant-at-arms shall reside at and be in constant attendance at the committee room. There shall be a standing committee of finance, and qualification, consisting of five each, and no person shall be admitted a member of this association unless he be a respectable citizen, and approved of by the committee on qualification before admission."
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ANNALS OF SAN FRANCISCO.
An occasion soon happened to test the character and uses of this most extraordinary association. On the evening of the 10th of June, 1851, a person of the name of John Jenkins feloniously entered a store on Long Wharf, and stole a safc. He was subsequently seen with a large burden slung across his back, and, an alarm being raised, was pursued. He then got into a boat, and sculled out into the bay, followed by a dozen other boats in keen pursuit. The fugitive was soon overtaken ; but before his captors reached him he was seen to throw the burden into the water. This was soon drawn up, and proved to be the stolen safe. The prisoner was next taken to the rooms of the Vigilance Committee, in Battery street, near the corner of Pine street. About ten o'clock of the same night, a signal was given on the bell of the Monumental Engine Company ; and shortly afterwards about eighty members of the committee hurried to the appointed place, and on giving the secret password were admitted. Meanwhile, knots of people, some of whom knew and all suspected what was going on, gathered about the premises, and impatiently awaited the farther progress of events. For two long hours, the committee were closely occupied in examining evidence ; and soon they had no reason to doubt the prisoner's guilt-though this he denied to the last. At midnight, the bell of the California Engine House was tolled, as sentence of death by hanging was passed upon the wretched man. The solemn sounds at that unusual hour filled the anxious crowds with awe. The condemned at this time was asked if he had any thing to say for himself, when he answered : "No, I have nothing to say, only I wish to have a cigar." This was handed to him, and after- wards, at his request, a little brandy and water. He was per- fectly cool, and seemingly careless, confidently expecting, it was believed, a rescue, up to the last moment.
A little before one o'clock, Mr. S. Brannan came out of the committee rooms, and ascending a mound of sand to the east of the Rassette House, addressed the people. He had been deputed he said, by the committee, to inform them that the prisoner's case had been fairly tried, that he had been proved guilty, and was condemned to be hanged ; and that the sentence would be executed within one hour upon the plaza. He then asked the
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THE VIGILANCE COMMITTEE.
people if they approved of the action of the committee, when great shouts of Ay ! Ay ! burst forth, mingled with a few cries of No ! In the interval a clergyman had been sent for, who administered the last consolations of religion to the condemned.
Shortly before two o'clock, the committee issued from the building, bearing the prisoner (who had his arms tightly pinioned) along with them. The committee were all armed, and closely clustered around the culprit to prevent any possible chance of rescue. A procession was formed ; and the whole party, followed by the crowd, proceeded to the plaza, through Sansome, Cali- fornia, Montgomery and Clay streets. Arrived at the flagstaff, some thoughtlessly suggested that it might serve to hang the condemned upon, but the proposal was indignantly overruled, as desecrating the liberty pole. Those in charge of the execution then proceeded to the south end of the adobe building, which then stood on the north-west corner of the plaza. The opposite end of the rope which was already about the neck of the victim was hastily thrown over a projecting beam. Some of the authori- ties attempted at this stage of affairs to interfere, but their efforts were unavailing. They were civilly desired to stand back, and not delay what was still to be done. The crowd, which numbered upwards of a thousand, were perfectly quiescent, or only applauded by look, gesture, and subdued voice the action of the committee. Before the prisoner had reached the building, a score of persons seized the loose end of the rope and ran backwards, dragging the wretch along the ground and raising him to the beam. Thus they held him till he was dead. Nor did they let the body go until some hours afterwards, new volunteers relieving those who were tired holding the rope. Little noise or confusion took place. Muttered whispers among the spectators guided their movements or betrayed their feelings. The prisoner had not spoken a avord, either upon the march or during the rapid preparations for his execution. At the end he was perhaps strung up almost before he was aware of what was so immediately coming. He was a strong-built, healthy man, and his struggles, when hanging, were very violent for a few minutes.
This Jenkins was one of the notorious " Sydney coves," and was believed to be a man of desperate and crime-stained charac-
572
ANNALS OF SAN FRANCISCO.
ter. The committee who tried him were generally people of respectability in San Francisco. Stern necessity had led them to make this first terrible example, and their conduct was almost unanimously applauded by the citizens. The public press, with one exception, likewise gave a hearty approval of their proceed- ings. That the execution was conducted during the dead of night, was simply owing to the fact that the criminal had been apprehended only late in the preceding evening. The crime, apprehension, trial, sentence and execution, all took place within a few consecutive hours. The latter steps were managed as swiftly as convenient to the ends of justice. If the crime had been committed in the morning, the result would have been the same, and the condemned would then only have been hanged in open day. That the trial took place in secret was owing to the constitution of the committee, which was devised to prevent the excesses and' turbulence of a mere mob sitting in judgment upon offenders.'
A coroner's inquest was held, the 11th of June, upon the body of the hanged man. To illustrate further the constitution, real objects, and spirit of the Vigilance Committee, we give a portion of the testimony of Mr. Brannan before the jury on this occasion. After declining to answer some questions on the ground that his statements might implicate himself, the witness said :
" I believe the man had a fair and impartial trial. He was tried before from sixty to eighty men. I believe the verdict of guilty was unanimous, and they came to the conclusion unanimously to hang him. I don't know how the jury was empanelled ; think they empanelled themselves. The jury consisted of the Committee of Vigilance ; they were all citizens of the town. I don't know that the committee has by-laws. The declared object of the committee was to consider themselves constantly on duty, to protect the lives and pro- perty of their fellow-citizens; to see that they are not troubled by burglars, and incendiaries, and murderers ; and to arrest and punish promptly parties caught in the act. The man was executed in accordance with the finding of the committee. I understood a record was kept of the evidence adduced on the trial ; six or eight witnesses were examined. The prisoner had the priv- ilege of bringing in evidence in his behalf. He said he had but one witness, who came and testified that he did not know him. There was no counsel as- signed him. I don't know whether the man's witness saw him. He said he did not know any such man before he reached the house. Don't know that the witnesses were put under oath. I did not make any motion that the man should have a new trial. Don't know whether any other persons than those
573
THE VIGILANCE. COMMITTEE.
of the committee were in the room. A man is admitted to the committee on a motion by a friend who vouches for his character, and that he will devote a portion of his time to watching for burglars and other scoundrels. I don't know of any other secrecy than that of an honest man. There is no oath used. The object is to assist the law and administer justice. I do not believe the prisoner would have been hanged if the committee had not found him guilty. The committee are good citizens, and of good standing in society. I saw the prisoner's witness out of doors ; heard him say he did not know any such man as Jenkins ; don't know whether he went inside ; did not see him ; could not give the names of any of the witnesses. I object to give the names of any of the committee. I have understood that threats have been made against their property and lives ; have heard threats mnade ; have heard it said that my own house would be burned; threats have come to me from the prisoners in the county prison that I should not live ninety days. I know of nothing done by the Vigilance Committee that they would conceal from the officers of the law under proper circumstances. The avowed object of the committee is to protect the city, and punish crime. I know of no other purpose for which they are organized. I believe it was through the instrumentality of the committee that the man was hanged."
Upon the above and much other evidence of a like nature, the jury on the 12th June, returned the following verdict :-
" We, the Jurors of a Jury of Inquest, empanelled by the Coroner of the County of San Francisco, to inquire into the death of one John Jenkins, alias Simpton, do find upon our oaths that the said Jenkins, alias Simpton, came to his death on the morning of the 11th of June, between the hours of two and three o'clock, by violent means, by strangulation, caused by being suspended by the neck, with a rope attached to the end of the adobe building on the plaza, at the hands of, and in pursuance of a preconcerted action on the part of an association of citizens, styling themselves a Committee of Vigilance, of whom the following members are implicated by direct testimony, to wit : Cap- tain Edgar Wakeman, William H. Jones, James C. Ward, Edward A. King, T. K. Battelle, Benjamin Reynolds, John S. Eagan, J. C. Derby and Samuel Brannan ; and the following members by their voluntary avowal of participa- tion in the act." [Here followed a list of the members of the Vigilance Com- mittee.]
In consequence of this verdict (which, it may be just said in passing, was never attempted to be followed up by the authori- ties), the Vigilance Committee held a meeting on the 13th June, when a unanimous resolution to the following effect was passed, and ordered to be published. As the names appended to this resolution make a pretty complete roll of the original, or more prominent members of the Vigilance Committee, many of whom still reside in San Francisco and move among the most respecta-
574
ANNALS OF SAN FRANCISCO.
ble circles, we give them at length. The curious and scandal- loving may spell over the list at their leisure, and discover some of the chief bankers, merchants and real estate proprietors now flourishing in this city. There is, however, a better reason for the present republication of these names, albeit some feebler- minded folk may fervently wish that their "unco guid" friends at a distance may never hear of their graceless connection with the Vigilance Committee. Since common fairness compelled the disclosure in 1851, to give moral support to the parties singled out by the verdict of the coroner's jury ; therefore, so long as these gentlemen continue well known, and while they must be specially designated in any history pretending to be full and accurate of the proceedings, the same spirit of fairness enforces the publica- tion now. It would be doing gross injustice to a dozen worthy men, if the full list were omitted in the " Annals of San Fran- cisco." At the same time, there is no reason why any one of the whole number should be ashamed of his appearance in the list.
" Resolved, That we, members of the Vigilance Committee, remark with surprise the invidious verdict rendered by the coroner's jury, after their in- quest upon the body of Jenkins, alias Simpton, after we have all notified to the said jury and the public that we were all participators in the trial and execution of said Jenkins. We desire that the public will understand that Capt. E. Wakeman, W. H. Jones, James C. Ward, Edward A. King, T. K. Bat- telle, Benjamin Reynolds, J. S. Eagan, J. C. Derby and Samuel Brannan, have been unnecessarily picked from our numbers, as the coroner's jury have had full evidence of the fact, that all the undersigned have been equally implicated, and are equally responsible with their above-named associates."
S. E. Woodworth,
Jesse Southam, T. H. Robinson,
George R. Ward,
W. S. Bromley,
A. Jackson McDuffie,
C. L. Wilson,
A. Ottenheimer,
P. D. Headley,
S. B. Marshall,
S. W. Haight, George H. Howard, Caleb Hyatt,
W. H. Taber, Isaac Bluxome, jr., Lathrop L. Bullock, John W. Rider, Theodore Kuhlman, Joseph E. Dale, Julius D. Shultz, J. P. Stevens,
Thomas McCahill,
A. G. Randall, S. Brannan,
Wm. Peake, Jonas Minturn, Lloyd Minturn,
A. Markwell, Samuel A. Sloane,
Wm. T. Coleman,
George J. Oakes,
J. S. Clark,
R. D. W. Davis,
F. O. Wakeman,
C. II. Clark,
Herman R. Haste,
Wm. H. Jones, Edward A. King,
Wm. Forst,
John W. Jacksou,
James Shinaler,
A. Wheelwright,
Fred. A. Woodworth, Franeis E. Webster, Wm. N. Thompson, Clinton Winton, James B. Huie,
B. Frank Hillard,
E. E. Sehenck,
Geo. Austinworn,
George D. Lambert,
Jolın P. Half,
Joseph T. Ilarmer,
Samuel R. Curwen, James F. Curtis,
Daniel J. Thomas, Jr., J. E. Farwell. Jacob P. Leese,
J. Seligman,
H. F. Von Lenyerk,
L. Hulsemann,
J. E. Derby, T. J. West,
Edgar Wakeman,
W. B. Lucas, Henry M. Naglee, J. Thompson Huie,
C. F. Fourgeaud,
J. W. Rickman,
P. Frothingham,
II. IIazeltine,
B. II. Davis,
E Boteher, Samuel Marx,
W. Iken,
H. F. Teschemacker,
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THE VIGILANCE COMMITTEE.
William A. Howard,
A. C. Tubbs,
Otis P. Sawyer,
Wm. J. Sherwood,
Henry Dreshichfeldt,
J. R. Curtis, A. II. IIill,
Wm. Meyer,
W. L. Hobson,
James Ryan,
W. N. Ilostin,
E. W. Travers,
Wmn. Browne,
Wm. II. Graham,
John G. McKaraher,
W. H. Tillinghast,
Robert Wells,
B. E. Babcock,
Eugene Hart,
Win. Langerman,
II. D. Evans,
J. A. Fisher,
John Raynes,
.J. F. Ilutton,
John J. Bryant,
Hartford Joy,
J. C. Treadwell,
Thos. K. Battelle,
E. Kirtus,
Joshua Hilton,
Jolın II. Watson,
Horace Morrison,
Thos. N. Deblois,
John F. Osgood,
Wmn. Burling,
Augustus Belknap,
E. Gorham,
James Pratt,
F. Quincey Coale,
Frank S. Mahoney,
E. Kemp.
Thomas N. Cazneau,
F. L. Dana, lIoratio S. Gates,
James C. Ward,
Wm. G. Badger,
Geo. W. Donglass,
O. P. Sutton,
R. S. Watson,
J. Mead IIuxley
Wm. C. Graham,
Jer. Spalding,
George Mellus,
S. J. Stabler,
Chas. II. Vail,
A. J. Ellis, John M. Conglilin,
J. D. Stevenson, Chas. R. Bond,
Charles Soulé, jr.,
Iloward Cunningham,
Samuel Moss, jr.,
B. B. Arrowsmith,
Robert H. Belden,
Charles L. Case,
C. O. Brewster,
S. E. Teschemacker,
N. Smith,
Charles Moore,
Charles L. Wood,
C. II. Brinley,
Randolphi M. Cooley,
James R. Duff,
William Tell,
J. W. Salmon,
Chas. II. Hill, J. Neal, jr.,
E. M. Earle,
James Dow, E. W. Crowell,
A. W. Macpherson, F. A. Atkinson,
A. II. Gildemeester,
John S. Eagan,
Charles Miller,
Dewitt Brown,
Samnel S. Philipps,
J. C. L. Wadsworth, William Hart,
N. T. Thompson,
F. Argentì,
Joseph Post,
George M. Garwood, R. S. Lanot,
N. Reynolds Davis,
Gabriel Winter,
Stephen Payran, C. Spring,
Jas. King of William.
These were signatures of some of the richest, most influential, orderly and respectable citizens of San Francisco. They show, however, only a small portion of the people who subsequently joined the Vigilance Committee, since every day was increasing its numbers by the accession of the best inhabitants of the place. At the time when the above resolution was formed and published the committee likewise put forth the following by-laws, as an address to the people :-
"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 confinement, therefore be it
" RESOLVED, That the citizens of this place be made aware that the Com- mittee of Vigilance will be ever ready to receive information as to the where- abouts of any disorderly or suspicious person or persons, as well as the persons themselves when suspected of crime.
" That as it is the conviction of a large portion of our citizens, that there exists in this city a nucleus of convicts and disorderly persons, around which cluster those who have seriously disturbed the peace and affected the best
Edward F. Baker,
Chas. Del Vecchio,
John O. Earle,
J. L. Van Bokkelen, George N. Blake,
Benjamin Reynolds,
Geo. Clifford,
Charles Minturn,
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ANNALS OF SAN FRANCISCO.
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 ex- piration of which time 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 suspi- cious characters on board, and unless they can present to said committee evi- dences of good character and honesty, they shall be re-shipped 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 Com- mittee of Vigilance in carrying out the above measures so necessary for the perfect restoration of the peace, safety, and good order of our community."
These sweeping resolutions were not suffered to lie dormant ; but were instantly and effectively acted upon. The terrible ex- ample made of Jenkins, and the announcement of farther steps by the committee, had already succeeded in frightening many of the more fearful rogues away. The steamers to Sacramento and Stockton were crowded with the flying rascals. But such a par- tial exodus was not enough. The more desperate characters were left, and unless the work was thoroughly done, the city would be in as bad a state as before. An old Mexican law really forbade the immigration into California of such persons as had been con- victed of crime in other countries ; but this law, in the confusion of the vast immigration of 1849 and succeeding years had been disregarded. The committee, however, now proceeded to render it of use, and give a somewhat wider scope to its operation. So notices were forthwith served on all such persons as were known or reputed to be vicious characters, upon the different "Sydney Coves," and upon all who harbored or kept close companion- ship with them, that they instantly leave the city, on pain of being forcibly expelled, and shipped to the place from whence they had last come. These notices were served always in presence of three members of the committee, and after due inquiry, although a secret one, had been made on the subject. If the party warned considered himself an innocent or ill-used person, he was at liberty to appeal to the committee, and have his cause reheard. He could produce all evidence within his power in regard to general character or to rebut specific charges ; and upon that, or its absence, the committee altered or confirmed their for-
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THE VIGILANCE COMMITTEE.
mer judgment. Repeated cases of rehearing took place ; and where the parties appealing were " white-washed," or turned out really " good citizens," generally no malice was manifested by them against the committee ; because they, like their judges, considered that the whole proceedings had been conducted in good faith and for the public benefit. A few actions of damages for false imprisonment and defamation of character were about this time and subsequently raised against members of the Vigi- lance Committee, by parties who considered themselves aggrieved by their proceedings. In the end, however, these actions were either quashed, nominal damages only awarded by the jury, or the plaintiffs indemnified. Meanwhile, the committee pursued " the even tenor of their way," nowise daunted by the reproaches and threats of offended individuals, nor by the continual oppos- ing action of mortified officials. When some of the warned were contumacious, and refused to depart, they were seized by force, in spite of their appeals to the courts of law, and impris- oned on board a safe ship in the bay until arrangements could be made for their transportation abroad. The legal authorities, with numerous practising lawyers in their train, meanwhile " fretted and fumed " at thus losing their own proper business ; and denounced in angry language the sweeping action of the committee. Those personages did not deny the good result of this action, nor did they disguise the alarming increase of crime and the inability of the regular tribunals to cope with it ; but still they harped upon the illegality,-the illegality of the whole proceedings. Illegality truly ! People were abused, robbed and murdered on all sides, their houses set in flames, and their goods consumed or stolen, and yet they were to be forbidden the only remedy in their power, because form was to be observed, while the criminals escaped ! The reproaches of mere lawyers were disregarded, and the work of purification went on.
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