CHAPTER XXXV
THE PEOPLE AND THE LAW
Frightened, desperate, angered by the usurpation of their power, varied forces combined in opposition to the Vigilance Committee. Political office-holders, good and bad, were naturally arrayed against it, and for the first time made a common cause. Among the politicians were many men of brains, especially those affiliated with the "Chivalry" faction, as it was known--Southern men whose object it was to introduce slavery into California. These were fiery, fearless, eloquent and quick at stratagem. There was also Broderick's Tammany organization, an almost perfect political machine, though as yet in the formative stage. There was the tacit union of the underworld; gamblers, thieves, plug-uglies, servitors of or parasites upon the stronger factions. Each and all they feared and hated this new order of the Vigilantes.
Coleman's scheme of publishing the names of the entire committee was carried out after a meeting of the executive committee. It had the effect of taking the wind out of their opponents' sails for a time. But it also robbed committee members of a certain security. In a dozen dark and devious ways the Vigilantes were harassed, opposed; windows of shops were broken; men returning to their homes were set upon from ambush; long-standing business accounts were diverted or withdrawn. Even socially the feud was felt. For the Southerners were more or less the arbiters of society. Wives of Vigilante members were struck from invitation lists in important affairs. Whispers came to them that if their husbands were persuaded to withdraw, all would be well.
A few, indeed, did hand their resignations to the committee, but more set their names with eagerness upon its roster.
The hanging of James Stuart was impressive and conducted with extreme decorum. Stuart, tried before twelve regularly impaneled talesmen and defended by an advocate, cut matters short by a voluntary confession of his crimes. In fact, he boasted of them with a curious pride. Arson, murder, robbery, he admitted with a lavishness which first aroused a doubt as to his sanity and truth, but when in many of the cases he recited details which were later verified, all doubt as to his evil triumphs vanished.
On the morning of July 11 he was sentenced. In the afternoon his body swung from a waterfront derrick at Battery and Market streets.
"Get it over with," he urged his executioners, "this 'ere's damned tiresome business for a gentleman." He begged a "quid o' terbacker" from one of the guards and chewed upon it stolidly until the noose tightened about his neck. He did not struggle much. A vagrant wind blew off his hat and gently stirred his long and wavy hair.
When Benito next saw Broderick he asked the latter anxiously if all were well with him. The latter answered with a wry smile, "I suppose so. I have not been ordered to leave town so far."
"You've remembered what we told you--Alice and I?"
"Yes," said Broderick, "and it was good advice. Tell your wife for me that woman's intuition sometimes sees more clearly than man's cunning.... It is nearer God and truth," he added, softly.
"I shall tell her that. 'Twill please her," Benito replied. "You must come to see us soon."
Brannan joined them rather anxiously and drew Benito aside with a brusque apology. "Do you know that Governor McDougall has issued a proclamation condemning the Vigilance Committee?... I happen to know that Broderick inspired this." He gave a covert glance over his shoulder, but the Lieutenant-Governor had wandered off. "So far he's taken no part against us. And we've left him alone. Now we shall strike back."
"I shall advise against it," Windham objected. "Dave is honest. He's played fair."
"If you think we're going to let this pass, you're quite mistaken," Brannan answered, hotly. "Why, its not long ago that Governor McDougall came to our committee room and commended our work. Said he hoped we'd go on."
"Exactly," said Benito, "in the presence of witnesses. Let us see if King and Coleman are inside. I have a plan."
They found their tall and quiet leader with James King of William and half a dozen others already in session. Brannan, in fiery anger, read the Governor's proclamation. There was silence when he finished. Possibly a shade of consternation. "Windham's got a scheme to answer him," said Brannan.
That day the _Evening Picayune_ printed the Committee's defn. It was as follows:
San Francisco, Aug. 20, 1851.
"We, the undersigned, do hereby aver that Governor McDougall asked to be introduced to the executive committee of the Committee of Vigilance, which was allowed and hour fixed. The Governor, upon being introduced, states THAT HE APPROVED OF THE ACTS OF THE COMMITTEE and that much good had taken place. He HOPED THEY WOULD GO ON and endeavor to act in concert with the authorities, AND IN CASE ANY JUDGE WAS GUILTY OF MAL-ADMINISTRATION TO HANG HIM and he would appoint others."
To this was appended the names of reputable citizens--men whose statements no one doubted. It was generally conceded, with a laugh, that Governor McDougall's private opinion differed from his sense of public duty.
That afternoon representatives of the Committee met an incoming vessel and examined the credentials of all passengers. Several of these not proving up to standard, they were denied admittance to the port. The outraged captain blustered and refused to take them back to Sydney. But in the end he agreed. There was nothing else to do. A guard was placed on the non-desirables and maintained until the vessel cleared--until the pilot boat returned in fact. San Francisco applauded.
But all the laurels were not with the Committee. On Thursday morning, August 21, Sheriff Hayes surprised Vigilante Headquarters at dawn and captured Samuel Whitaker and Robert McKenzie both convicted of murder by the Committee and sentenced to hang.
The City Government was much elated but the victory was short. For, on the following Sunday, Vigilantes gained an entrance to the jail and took their prisoners back without a struggle.
* * * * *
Broderick and Windham, en route to the latter's ranch that afternoon, heard the Monumental bell toll slowly, solemnly. "What's up?" asked Broderick, startled.
"It means," Benito answered, "that the Vigilance Committee still rules. Two more scoundrels have been punished."
##