THE FORTY-NINERS

A CHRONICLE OF THE CALIFORNIA TRAIL AND EL DORADO

BY STEWART EDWARD WHITE

1918

CONTENTS

 I. SPANISH DAYS II. THE AMERICAN OCCUPATION III. LAW--MILITARY AND CIVIL IV. GOLD V. ACROSS THE PLAINS VI. THE MORMONS VII. THE WAY BY PANAMA VIII. THE DIGGINGS IX. THE URBAN FORTY-NINER X. ORDEAL BY FIRE XI. THE VIGILANTES OF '51 XII. SAN FRANCISCO IN TRANSITION XIII. THE STORM GATHERS XIV. THE STORM BREAKS XV. THE VIGILANTES OF '56 XVI. THE TRIUMPH OF THE VIGILANTES BIBLIOGRAPHICAL NOTE INDEX

THE FORTY-NINERS

CHAPTER I

SPANISH DAYS

The dominant people of California have been successively aborigines, _conquistadores_, monks, the dreamy, romantic, unenergetic peoples ofSpain, the roaring melange of Forty-nine, and finally the moderncitizens, who are so distinctive that they bid fair to become asubspecies of their own. This modern society has, in its evolution, something unique. To be sure, other countries also have passed throughthese same phases. But while the processes have consumed a leisurelyfive hundred years or so elsewhere, here they have been subjected toforced growth. 

The tourist traveler is inclined to look upon the crumbling yetbeautiful remains of the old missions, those venerable relics in abustling modern land, as he looks upon the enduring remains of oldRome. Yet there are today many unconsidered New England farmhouses olderthan the oldest western mission, and there are men now living whowitnessed the passing of Spanish California. 

Though the existence of California had been known for centuries, and thedates of her first visitors are many hundreds of years old, neverthelessSpain attempted no actual occupation until she was forced to it bypolitical necessity. Until that time she had little use for the country. After early investigations had exploded her dream of more treasurecities similar to those looted by Cortés and Pizarro, her interestpromptly died. 

But in the latter part of the eighteenth century Spain began to awake tothe importance of action. Fortunately ready to her hand was a tried andtempered weapon. Just as the modern statesmen turn to commercialpenetration, so Spain turned, as always, to religious occupation. Shemade use of the missionary spirit and she sent forth her expeditionsostensibly for the purpose of converting the heathen. The result was theso-called Sacred Expedition under the leadership of Junípero Serra andPortolá. In the face of incredible hardships and discouragements, thesedevoted, if narrow and simple, men succeeded in establishing a stringof missions from San Diego to Sonoma. The energy, self-sacrifice, andpersistence of the members of this expedition furnish inspiring readingtoday and show clearly of what the Spanish character at its best iscapable. 

For the next thirty years after the founding of the first mission in1769, the grasp of Spain on California was assured. Men who could do, suffer, and endure occupied the land. They made their mistakes injudgment and in methods, but the strong fiber of the pioneer was there. The original _padres_ were almost without exception zealous, devoted topoverty, uplifted by a fanatic desire to further their cause. Theoriginal Spanish temporal leaders were in general able, energetic, courageous, and not afraid of work or fearful of disaster. 

At the end of that period, however, things began to suffer a change. Thetime of pioneering came to an end, and the new age of materialprosperity began. Evils of various sorts crept in. The pioneer priestswere in some instances replaced by men who thought more of the flesh-potthan of the altar, and whose treatment of the Indians left very much tobe desired. Squabbles arose between the civil and the religious powers. Envy of the missions' immense holdings undoubtedly had its influence. The final result of the struggle could not be avoided, and in the endthe complete secularization of the missions took place, and with thisinevitable change the real influence of these religious outposts came toan end. 

Thus before the advent in California of the American as an American, andnot as a traveler or a naturalized citizen, the mission had disappearedfrom the land, and the land was inhabited by a race calling itself the_gente de razón_, in presumed contradistinction to human beasts with noreasoning powers. Of this period the lay reader finds such conflictingaccounts that he either is bewildered or else boldly indulges hisprejudices. According to one school of writers--mainly those of modernfiction--California before the advent of the _gringo_ was a sort ofArcadian paradise, populated by a people who were polite, generous, pleasure-loving, high-minded, chivalrous, aristocratic, and above allthings romantic. Only with the coming of the loosely sordid, commercial, and despicable American did this Arcadia fade to the strains of dyingand pathetic music. According to another school of writers--mainlyauthors of personal reminiscences at a time when growing antagonism wasaccentuating the difference in ideals--the "greaser" was a dirty, idle, shiftless, treacherous, tawdry vagabond, dwelling in a disgracefullyprimitive house, and backward in every aspect of civilization. 

The truth, of course, lies somewhere between the two extremes, but itsexact location is difficult though not impossible to determine. Theinfluence of environment is sometimes strong, but human nature does notdiffer much from age to age. Racial characteristics remain approximatelythe same. The Californians were of several distinct classes. The upperclass, which consisted of a very few families, generally included thosewho had held office, and whose pride led them to intermarry. Pure bloodwas exceedingly rare. Of even the best the majority had Indian blood;but the slightest mixture of Spanish was a sufficient claim togentility. Outside of these "first families, " the bulk of the populationcame from three sources: the original military adjuncts to the missions, those brought in as settlers, and convicts imported to support one sideor another in the innumerable political squabbles. These diverseelements shared one sentiment only--an aversion to work. The feelinghad grown up that in order to maintain the prestige of the soldier inthe eyes of the natives it was highly improper that he should ever doany labor. The settlers, of whom there were few, had themselves beeninduced to immigrate by rather extravagant promises of an easy life. Theconvicts were only what was to be expected. 

If limitations of space and subject permitted, it would be pleasant toportray the romantic life of those pastoral days. Arcadian conditionswere then more nearly attained than perhaps at any other time in theworld's history. The picturesque, easy, idle, pleasant, fiery, aristocratic life has been elsewhere so well depicted that it has takenon the quality of rosy legend. Nobody did any more work than it pleasedhim to do; everybody was well-fed and happy; the women were beautifuland chaste; the men were bold, fiery, spirited, gracefully idle; lifewas a succession of picturesque merrymakings, lovemakings, intrigues, visits, lavish hospitalities, harmless politics, and revolutions. To besure, there were but few signs of progressive spirit. People traveled onhorseback because roads did not exist. They wore silks and diamonds, lace and satin, but their houses were crude, and conveniences weresimple or entirely lacking. Their very vehicles, with wooden axles andwheels made of the cross-section of a tree, were such as an East Africansavage would be ashamed of. But who cared? And since no one wishedimprovements, why worry about them?

Certainly, judged by the standards of a truly progressive race, theSpanish occupation had many shortcomings. Agriculture was so littleknown that at times the country nearly starved. Contemporary travelersmention this fact with wonder. "There is, " says Ryan, "very little landunder cultivation in the vicinity of Monterey. That which strikes theforeigner most is the utter neglect in which the soil is left and theindifference with which the most charming sites are regarded. In thehands of the English and Americans, Monterey would be a beautiful townadorned with gardens and orchards and surrounded with picturesque walksand drives. The natives are, unfortunately, too ignorant to appreciateand too indolent even to attempt such improvement. " And Captain CharlesWilkes asserts that "notwithstanding the immense number of domesticanimals in the country, the Californians were too lazy to make butter orcheese, and even milk was rare. If there was a little good soap andleather occasionally found, the people were too indolent to make them inany quantity. The earth was simply scratched a few inches by a mean andill-contrived plow. When the ground had been turned up by repeatedscratching, it was hoed down and the clods broken by dragging over ithuge branches of trees. Threshing was performed by spreading the cutgrain on a spot of hard ground, treading it with cattle, and aftertaking off the straw throwing the remainder up in the breeze, much waslost and what was saved was foul. "

General shiftlessness and inertia extended also to those brancheswherein the Californian was supposed to excel. Even in the matter ofcattle and sheep, the stock was very inferior to that brought into thecountry by the Americans, and such a thing as crossing stock orimproving the breed of either cattle or horses was never thought of. Thecattle were long-horned, rough-skinned animals, and the beef was toughand coarse. The sheep, while of Spanish stock, were very far from beingSpanish merino. Their wool was of the poorest quality, entirely unfitfor exportation, and their meat was not a favorite food. 

There were practically no manufactures on the whole coast. Theinhabitants depended for all luxuries and necessities on foreign trade, and in exchange gave hide and tallow from the semi-wild cattle thatroamed the hills. Even this trade was discouraged by heavy import dutieswhich amounted at times to one hundred per cent of the value. Suchconditions naturally led to extensive smuggling which was connived at bymost officials, high and low, and even by the monks of the missionsthemselves. 

Although the chief reason for Spanish occupancy was to hold the country, the provisions for defense were not only inadequate but careless. Thomessays, in _Land and Sea_, that the fort at Monterey was "armed with fourlong brass nine-pounders, the handsomest guns that I ever saw allcovered with scroll work and figures. They were mounted on ruined anddecayed carriages. Two of them were pointed toward the planet Venus, andthe other two were depressed so that had they been loaded or fired theballs would have startled the people on the other side of thehemisphere. " This condition was typical of those throughout theso-called armed forts of California. 

The picture thus presented is unjustly shaded, of course, for SpanishCalifornia had its ideal, noble, and romantic side. In a final estimateno one could say where the balance would be struck; but our purpose isnot to strike a final balance. We are here endeavoring to analyze thereasons why the task of the American conquerors was so easy, and toexplain the facility with which the original population was thrustaside. 

It is a sometimes rather annoying anomaly of human nature that the racesand individuals about whom are woven the most indestructible mantles ofromance are generally those who, from the standpoint of economicstability or solid moral quality, are the most variable. We staid andsober citizens are inclined to throw an aura of picturesqueness aboutsuch creatures as the Stuarts, the dissipated Virginian cavaliers, thehappy-go-lucky barren artists of the Latin Quarter, the fiery touchinessof that so-called chivalry which was one of the least important featuresof Southern life, and so on. We staid and sober citizens generallyobject strenuously to living in actual contact with the unpunctuality, unreliability, unreasonableness, shiftlessness, and generalirresponsibility that are the invariable concomitants of thispicturesqueness. At a safe distance we prove less critical. We even goso far as to regard this unfamiliar life as a mental anodyne orantidote to the rigid responsibility of our own everyday existence. Weuse these historical accounts for moral relaxation, much as somefinanciers or statisticians are said to read cheap detective stories forcomplete mental relaxation. 

But, the Californian's undoubtedly admirable qualities of generosity, kindheartedness (whenever narrow prejudice or very lofty pride was nottouched), hospitality, and all the rest, proved, in the eyes of apractical people confronted with a large and practical job, of littlevalue in view of his predominantly negative qualities. A man with allthe time in the world rarely gets on with a man who has no time at all. The newcomer had his house to put in order; and it was a very big house. The American wanted to get things done at once; the Californian couldsee no especial reason for doing them at all. Even when his short-livedenthusiasm happened to be aroused, it was for action tomorrow ratherthan today. 

For all his amiable qualities, the mainspring of the Californian'sconduct was at bottom the impression he could make upon others. Themagnificence of his apparel and his accoutrement indicated no feelingfor luxury but rather a fondness for display. His pride andquick-tempered honor were rooted in a desire to stand well in the eyesof his equals, not in a desire to stand well with himself. Inconsequence he had not the builder's fundamental instinct. He made noeffort to supply himself with anything that did not satisfy this amiabledesire. The contradictions of his conduct, therefore, becomecomprehensible. We begin to see why he wore silks and satins and why heneglected what to us are necessities. We see why he could display suchadmirable carriage in rough-riding and lassoing grizzlies, and yetseemed to possess such feeble military efficiency. We comprehend hisgenerous hospitality coupled with his often narrow and suspiciouscruelty. In fact, all the contrasts of his character and action begin tobe clear. His displacement was natural when confronted by a people who, whatever their serious faults, had wants and desires that came fromwithin, who possessed the instinct to create and to hold the things thatwould gratify those desires, and who, in the final analysis, began tocare for other men's opinions only after they had satisfied their ownneeds and desires. 

CHAPTER II

THE AMERICAN OCCUPATION

From the earliest period Spain had discouraged foreign immigration intoCalifornia. Her object was neither to attract settlers nor to developthe country, but to retain political control of it, and to make of it apossible asylum for her own people. Fifty years after the founding ofthe first mission at San Diego, California had only thirteen inhabitantsof foreign birth. Most of these had become naturalized citizens, and sowere in name Spanish. Of these but three were American!

Subsequent to 1822, however, the number of foreign residents rapidlyincreased. These people were mainly of substantial character, possessinga real interest in the country and an intention of permanent settlement. Most of them became naturalized, married Spanish women, acquiredproperty, and became trusted citizens. In marked contrast to theirneighbors, they invariably displayed the greatest energy andenterprise. They were generally liked by the natives, and such men asHartnell, Richardson, David Spence, Nicholas Den, and many others, livedlives and left reputations to be envied. 

Between 1830 and 1840, however, Americans of a different type began topresent themselves. Southwest of the Missouri River the ancient town ofSanta Fé attracted trappers and traders of all nations and from allparts of the great West. There they met to exchange their wares and toorganize new expeditions into the remote territories. Some of themnaturally found their way across the western mountains into California. One of the most notable was James Pattie, whose personal narrative iswell worth reading. These men were bold, hardy, rough, energetic, withlittle patience for the refinements of life--in fact, diametricallyopposed in character to the easy-going inhabitants of California. Contempt on the one side and distrust on the other were inevitable. Thetrappers and traders, together with the deserters from whalers and otherships, banded together in small communities of the rough type familiarto any observer of our frontier communities. They looked down upon anddespised the "greasers, " who in turn did everything in their power toharass them by political and other means. 

At first isolated parties, such as those of Jedediah Smith, the Patties, and some others, had been imprisoned or banished eastward over theRockies. The pressure of increasing numbers, combined with the ratheridle carelessness into which all California-Spanish regulations seemedat length to fall, later nullified this drastic policy. Notorious amongthese men was one Isaac Graham, an American trapper, who had becomeweary of wandering and had settled near Natividad. There he establisheda small distillery, and in consequence drew about him all the rough andidle characters of the country. Some were trappers, some sailors; a fewwere Mexicans and renegade Indians. Over all of these Graham obtained anabsolute control. They were most of them of a belligerent nature andexpert shots, accustomed to taking care of themselves in the wilds. Thislittle band, though it consisted of only thirty-nine members, wastherefore considered formidable. 

A rumor that these people were plotting an uprising for the purpose ofoverturning the government aroused Governor Alvarado to action. It isprobable that the rumors in question were merely the reports ofboastful drunken vaporings and would better have been ignored. However, at this time Alvarado, recently arisen to power through the usualrevolutionary tactics, felt himself not entirely secure in his newposition. He needed some distraction, and he therefore seized upon therumor of Graham's uprising as a means of solidifying his influence--anexpedient not unknown to modern rulers. He therefore ordered the prefectCastro to arrest the party. This was done by surprise. Graham and hiscompanions were taken from their beds, placed upon a ship at Monterey, and exiled to San Blas, to be eventually delivered to the Mexicanauthorities. There they were held in prison for some months, but beingat last released through the efforts of an American lawyer, most of themreturned to California rather better off than before their arrest. It istypical of the vacillating Californian policy of the day that, on theirreturn, Graham and his riflemen were at once made use of by one of therevolutionary parties as a reinforcement to their military power!

By 1840 the foreign population had by these rather desultory methodsbeen increased to a few over four hundred souls. The majority could notbe described as welcome guests. They had rarely come into the countrywith the deliberate intention of settling but rather as a traveler'schance. In November, 1841, however, two parties of quite a differentcharacter arrived. They were the first true immigrants into California, and their advent is significant as marking the beginning of the end ofthe old order. One of these parties entered by the Salt Lake Trail, andwas the forerunner of the many pioneers over that great central route. The other came by Santa Fé, over the trail that had by now become sowell marked that they hardly suffered even inconvenience on theirjourney. The first party arrived at Monte Diablo in the north, the otherat San Gabriel Mission in the south. Many brought their families withthem, and they came with the evident intention of settling inCalifornia. 

The arrival of these two parties presented to the Mexican Government aproblem that required immediate solution. Already in anticipation ofsuch an event it had been provided that nobody who had not obtained alegal passport should be permitted to remain in the country; and thateven old settlers, unless naturalized, should be required to departunless they procured official permission to remain. Naturally none ofthe new arrivals had received notice of this law, and they were inconsequence unprovided with the proper passports. Legally they shouldhave been forced at once to turn about and return by the way they came. Actually it would have been inhuman, if not impossible, to have forcedthem at that season of the year to attempt the mountains. GeneralVallejo, always broad-minded in his policies, used discretion in thematter and provided those in his district with temporary permits toremain. He required only a bond signed by other Americans who had beenlonger in the country. 

Alvarado and Vallejo at once notified the Mexican Government of thearrival of these strangers, and both expressed fear that other andlarger parties would follow. These fears were very soon realized. Succeeding expeditions settled in the State with the evident intentionof remaining. No serious effort was made by the California authoritiesto keep them out. From time to time, to be sure, formal objection wasraised and regulations were passed. However, as a matter of plainpracticability, it was manifestly impossible to prevent parties fromstarting across the plains, or to inform the people living in theEastern States of the regulations adopted by California. It must beremembered that communication at that time was extraordinarily slow andbroken. It would have been cruel and unwarranted to drive away those whohad already arrived. And even were such a course to be contemplated, agarrison would have been necessary at every mountain pass on the Eastand North, and at every crossing of the Colorado River, as well as atevery port along the coast. The government in California had not mensufficient to handle its own few antique guns in its few coastwiseforts, let alone a surplus for the purpose just described. And to capall, provided the garrisons had been available and could have beenplaced, it would have been physically impossible to have supplied themwith provisions for even a single month. 

Truth to tell, the newcomers of this last class were not personallyobjectionable to the Californians. The Spanish considered them nodifferent from those of their own blood. Had it not been for anuneasiness lest the enterprise of the American settlers should in timeovercome Californian interests, had it not been for repeated orders fromMexico itself, and had it not been for reports that ten thousand Mormonshad recently left Illinois for California, it is doubtful if muchattention would have been paid to the first immigrants. 

Westward migration at this time was given an added impetus by the Oregonquestion. The status of Oregon had long been in doubt. Both England andthe United States were inclined to claim priority of occupation. Theboundary between Canada and the United States had not yet been decidedupon between the two countries. Though they had agreed upon thecompromise of joint occupation of the disputed land, this arrangementdid not meet with public approval. The land-hungry took a particularinterest in the question and joined their voices with those of menactuated by more patriotic motives. In public meetings which were heldthroughout the country this joint occupation convention was explainedand discussed, and its abrogation was demanded. These meetings helped toform the patriotic desire. Senator Tappan once said that thirty thousandsettlers with their thirty thousand rifles in the valley of the Columbiawould quickly settle all questions of title to the country. This sayingwas adopted as the slogan for a campaign in the West. It had the sameinspiring effect as the later famous "54-40 or fight. " People werearoused as in the olden times they had been aroused to the crusades. Itbecame a form of mental contagion to talk of, and finally to accomplish, the journey to the Northwest. Though no accurate records were kept, itis estimated that in 1843 over 800 people crossed to Willamette Valley. By 1845 this immigration had increased to fully 3000 within the year. 

Because of these conditions the Oregon Trail had become a nationalhighway. Starting at Independence, which is a suburb of the presentKansas City, it set out over the rolling prairie. At that time the wideplains were bright with wild flowers and teeming with game. Elk, antelope, wild turkeys, buffalo, deer, and a great variety of smallercreatures supplied sport and food in plenty. Wood and water were inevery ravine; the abundant grass was sufficient to maintain the swarminghordes of wild animals and to give rich pasture to horses and oxen. Thejourney across these prairies, while long and hard, could rarely havebeen tedious. Tremendous thunderstorms succeeded the sultry heat of theWest, an occasional cyclone added excitement; the cattle were apt tostampede senselessly; and, while the Indian had not yet developed thehostility that later made a journey across the plains so dangerous, nevertheless the possibilities of theft were always near enough at handto keep the traveler alert and interested. Then there was the sandycountry of the Platte River with its buffalo--buffalo by the hundreds ofthousands, as far as the eye could reach--a marvelous sight: and beyondthat again the Rockies, by way of Fort Laramie and South Pass. 

Beyond Fort Hall the Oregon Trail and the trail for California divided. And at this point there began the terrible part of the journey--thearid, alkaline, thirsty desert, short of game, horrible in its monotony, deadly with its thirst. It is no wonder that, weakened by theirsufferings in this inferno, so many of the immigrants looked upon thetowering walls of the Sierras with a sinking of the heart. 

While at first most of the influx of settlers was by way of Oregon, later the stories of the new country that made their way eastwardinduced travelers to go direct to California itself. The immigration, both from Oregon in the North and by the route over the Sierras, increased so rapidly that in 1845 there were probably about 700Americans in the district. Those coming over the Sierras by the CarsonSink and Salt Lake trails arrived first of all at the fort built byCaptain Sutter at the junction of the American and Sacramento rivers. 

Captain Sutter was a man of Swiss parentage who had arrived in SanFrancisco in 1839 without much capital and with only the assets ofconsiderable ability and great driving force. From the Governor heobtained grant of a large tract of land "somewhere in the interior" forthe purposes of colonization. His colonists consisted of one German, four other white men, and eight Kanakas. The then Governor, Alvarado, thought this rather a small beginning, but advised him to take outnaturalization papers and to select a location. Sutter set out on hissomewhat vague quest with a four-oared boat and two small schooners, loaded with provisions, implements, ammunition, and three small cannon. Besides his original party he took an Indian boy and a dog, the latterproving by no means the least useful member of the company. He found atthe junction of the American and Sacramento rivers the location thatappealed to him, and there he established himself. His knack with theIndians soon enlisted their services. He seems to have been able to keephis agreements with them and at the same time to maintain rigiddiscipline and control. 

Within an incredibly short time he had established a feudal barony athis fort. He owned eleven square leagues of land, four thousand twohundred cattle, two thousand horses, and about as many sheep. His tradein beaver skins was most profitable. He maintained a force of trapperswho were always welcome at his fort, and whom he generously kept withoutcost to themselves. He taught the Indians blanket-weaving, hat-making, and other trades, and he even organized them into military companies. The fort which he built was enclosed on four sides and of imposingdimensions and convenience. It mounted twelve pieces of artillery, supported a regular garrison of forty in uniform, and contained withinits walls a blacksmith shop, a distillery, a flour mill, a cannery, andspace for other necessary industries. Outside the walls of the fortCaptain Sutter raised wheat, oats, and barley in quantity, and evenestablished an excellent fruit and vegetable garden. 

Indeed, in every way Captain Sutter's environment and the results of hisenterprises were in significant contrast to the inactivity andbackwardness of his neighbors. He showed what an energetic man couldaccomplish with exactly the same human powers and material tools as hadalways been available to the Californians. Sutter himself was a rathershort, thick-set man, exquisitely neat, of military bearing, carryinghimself with what is called the true old-fashioned courtesy. He was aman of great generosity and of high spirit. His defect was an excess ofambition which in the end o'erleaped itself. There is no doubt that hisfirst expectation was to found an independent state within the bordersof California. His loyalty to the Americans was, however, neverquestioned, and the fact that his lands were gradually taken from him, and that he died finally in comparative poverty, is a striking commenton human injustice. 

The important point for us at present is that Sutter's Fort happened tobe exactly on the line of the overland immigration. For the trail-wearytraveler it was the first stopping-place after crossing the high Sierrasto the promised land. Sutter's natural generosity of character inducedhim always to treat these men with the greatest kindness. He made hisprofits from such as wished to get rid of their oxen and wagons inexchange for the commodities which he had to offer. But there is nodoubt that the worthy captain displayed the utmost liberality indealing with those whom poverty had overtaken. On several occasions hesent out expeditions at his personal cost to rescue parties caught inthe mountains by early snows or other misfortunes along the road, Especially did he go to great expense in the matter of the ill-fatedDonner party, who, it will be remembered, spent the winter near Truckee, and were reduced to cannibalism to avoid starvation. [1]

[1: See _The Passing of the Frontier_, in "The Chronicles of America. "]

Now Sutter had, of course, been naturalized in order to obtainhis grant of land. He had also been appointed an official of theCalifornia-Mexican Government. Taking advantage of this fact, he wasaccustomed to issue permits or passports to the immigrants, permittingthem to remain in the country. This gave the immigrants a certainlimited standing, but, as they were not Mexican citizens, they weredisqualified from holding land. Nevertheless Sutter used his goodoffices in showing desirable locations to the would-be settlers. [2]

[2: It is to be remarked that, prior to the gold rush, Americansettlements did not take place in the Spanish South but in theunoccupied North. In 1845 Castro and Castillero made a tour through theSacramento Valley and the northern regions to inquire about the newarrivals. Castro displayed no personal uneasiness at their presence andmade no attempt or threat to deport them. ]

As far as the Californians were concerned, there was little rivalry orinterference between the immigrants and the natives. Their interests didnot as yet conflict. Nevertheless the central Mexican Governmentcontinued its commands to prevent any and all immigration. It was ratherwell justified by its experience in Texas, where settlement had ended byfinal absorption. The local Californian authorities were thus thrustbetween the devil and the deep blue sea. They were constrained by thevery positive and repeated orders from their home government to keep outall immigration and to eject those already on the ground. On the otherhand, the means for doing so were entirely lacking, and the presentsituation did not seem to them alarming. 

Thus matters drifted along until the Mexican War. For a considerabletime before actual hostilities broke out, it was well known throughoutthe country that they were imminent. Every naval and military commanderwas perfectly aware that, sooner or later, war was inevitable. Many hadreceived their instructions in case of that eventuality, and most ofthe others had individual plans to be put into execution at the earliestpossible moment. Indeed, as early as 1842 Commodore Jones, beingmisinformed of a state of war, raced with what he supposed to be Englishwar-vessels from South America, entered the port of Monterey hastily, captured the fort, and raised the American flag. The next day hediscovered that not only was there no state of war, but that he had noteven raced British ships! The flag was thereupon hauled down, theMexican emblem substituted, appropriate apologies and salutes wererendered, and the incident was considered closed. The easy-goingCalifornians accepted the apology promptly and cherished no rancor forthe mistake. 

In the meantime Thomas O. Larkin, a very substantial citizen of longstanding in the country, had been appointed consul, and in additionreceived a sum of six dollars a day to act as secret agent. It was hopedthat his great influence would avail to inspire the Californians with adesire for peaceful annexation to the United States. In case that policyfailed, he was to use all means to separate them from Mexico, and soisolate them from their natural alliances. He was furthermore topersuade them that England, France, and Russia had sinister designs ontheir liberty. It was hoped that his good offices would slowly influencepublic opinion, and that, on the declaration of open war with Mexico, the United States flag could be hoisted in California not only withoutopposition but with the consent and approval of the inhabitants. Thistype of peaceful conquest had a very good chance of success. Larkinpossessed the confidence of the better class of Californians and he didhis duty faithfully. 

Just at this moment a picturesque, gallant, ambitious, dashing, andrather unscrupulous character appeared inopportunely on the horizon. Hisname was John C. Frémont. He was the son of a French father and aVirginia mother. He was thirty-two years old, and was married to thedaughter of Thomas H. Benton, United States Senator from Missouri and aman of great influence in the country. Possessed of an adventurousspirit, considerable initiative, and great persistence Frémont hadalready performed the feat of crossing the Sierra Nevadas by way ofCarson River and Johnson Pass, and had also explored the Columbia Riverand various parts of the Northwest. Frémont now entered California byway of Walker Lake and the Truckee, and reached Sutter's Fort in 1845. He then turned southward to meet a division of his party under JosephWalker. 

His expedition was friendly in character, with the object of surveying aroute westward to the Pacific, and then northward to Oregon. Itsupposedly possessed no military importance whatever. But his turningsouth to meet Walker instead of north, where ostensibly his duty calledhim, immediately aroused the suspicions of the Californians. Thoughordered to leave the district, he refused compliance, and retired to aplace called Gavilán Peak, where he erected fortifications and raisedthe United States flag. Probably Frémont's intentions were perfectlyfriendly and peaceful. He made, however, a serious blunder inwithdrawing within fortifications. After various threats by theCalifornians but no performance in the way of attack, he withdrew andproceeded by slow marches to Sutter's Fort and thence towards the north. Near Klamath Lake he was overtaken by Lieutenant Gillespie, whodelivered to him certain letters and papers. Frémont thereupon calmlyturned south with the pick of his men. 

In the meantime the Spanish sub-prefect, Guerrero, had sent word toLarkin that "a multitude of foreigners, having come into California andbought property, a right of naturalized foreigners only, he was undernecessity of notifying the authorities in each town to inform suchpurchasers that the transactions were invalid, and that they themselveswere subject to be expelled. " This action at once caused widespreadconsternation among the settlers. They remembered the deportation ofGraham and his party some years before, and were both alarmed andthoroughly convinced that defensive measures were necessary. Frémont'sreturn at precisely this moment seemed to them very significant. He wasa United States army officer at the head of a government expedition. When on his way to the North he had been overtaken by Gillespie, anofficer of the United States Navy. Gillespie had delivered to himcertain papers, whereupon he had immediately returned. There seemed noother interpretation of these facts than that the Government atWashington was prepared to uphold by force the American settlers inCalifornia. 

This reasoning, logical as it seems, proves mistaken in the perspectiveof the years. Gillespie, it is true, delivered some letters to Frémont, but it is extremely unlikely they contained instructions having to dowith interference in Californian affairs. Gillespie, at the same timethat he brought these dispatches to Frémont, brought also instructionsto Larkin creating the confidential agency above described, and theseinstructions specifically forbade interference with Californian affairs. It is unreasonable to suppose that contradictory dispatches were sent toone or another of these two men. Many years later Frémont admitted thatthe dispatch to Larkin was what had been communicated to him byGillespie. His words are: "This officer [Gillespie] informed me alsothat he was directed by the Secretary of State to acquaint me with hisinstructions to the consular agent, Mr. Larkin. " Reading Frémont'scharacter, understanding his ambitions, interpreting his later lawlessactions that resulted in his court-martial, realizing the recklessnessof his spirit, and his instinct to take chances, one comes to theconclusion that it is more than likely that his move was a gamble onprobabilities rather than a result of direct orders. 

Be this as it may, the mere fact of Frémont's turning south decided thealarmed settlers, and led to the so-called "Bear Flag Revolution. " Anumber of settlers decided that it would be expedient to captureSonoma, where under Vallejo were nine cannon and some two hundredmuskets. It was, in fact, a sort of military station. The capture provedto be a very simple matter. Thirty-two or thirty-three men appeared atdawn, before Vallejo's house, under Merritt and Semple. They entered thehouse suddenly, called upon Jacob Leese, Vallejo's son-in-law, tointerpret, and demanded immediate surrender. Richman says "Leese wassurprised at the 'rough looks' of the Americans. Semple he describes as'six feet six inches tall, and about fifteen inches in diameter, dressedin greasy buckskin from neck to foot, and with a fox-skin cap. '" Theprisoners were at once sent by these raiders to Frémont, who was at thattime on the American River. He immediately disclaimed any part in theaffair. However, instead of remaining entirely aloof, he gave furtherorders that Leese, who was still in attendance as interpreter, should bearrested, and also that the prisoners should be confined in Sutter'sFort. He thus definitely and officially entered the movement. Soonthereafter Frémont started south through Sonoma, collecting men as hewent. 

The following quotation from a contemporary writer is interesting andilluminating. "A vast cloud of dust appeared at first, and thence inlong files emerged this wildest of wild parties. Frémont rode ahead, aspare active looking man, with such an eye! He was dressed in a blouseand leggings, and wore a felt hat. After him came five Delaware Indianswho were his bodyguard. They had charge of two baggage-horses. The rest, many of them blacker than Indians, rode two and two, the rifle held byone hand across the pummel of the saddle. The dress of these men wasprincipally a long loose coat of deerskin tied with thongs in front, trousers of the same. The saddles were of various fashions, though theseand a large drove of horses and a brass field gun were things they hadpicked up in California. "

Meantime, the Americans who had collected in Sonoma, under the lead ofWilliam B. Ide, raised the flag of revolution--"a standard of somewhatuncertain origin as regards the cotton cloth whereof it was made, "writes Royce. On this, they painted with berry juice "something thatthey called a Bear. " By this capture of Sonoma, and its subsequentendorsement by Frémont, Larkin's instructions--that is, to secureCalifornia by quiet diplomatic means--were absolutely nullified. Asecond result was that Englishmen in California were much encouraged tohope for English intervention and protection. The Vallejo circle hadalways been strongly favorable to the United States. The effect of thisraid and capture by United States citizens, with a United States officerendorsing the action, may well be guessed. 

Inquiries and protests were lodged by the California authorities withSloat and Lieutenant Montgomery of the United States naval forces. Justwhat effect these protests would have had, and just the temperature ofthe hot water in which the dashing Frémont would have found himself, isa matter of surmise. He had gambled strongly--on his own responsibilityor at least at the unofficial suggestion of Benton--on an earlydeclaration of war with Mexico. Failing such a declaration, he would bein a precarious diplomatic position, and must by mere force of automaticdiscipline have been heavily punished. However the dice fell for him. War with Mexico was almost immediately an actual fact. Frémont'sinjection into the revolution had been timed at the happiest possiblemoment for him. 

The Bear Flag Revolution took place on June 14, 1846. On July 7 theAmerican flag was hoisted over the post at Monterey by Commodore Sloat. Though he had knowledge from June 5 of a state of war, this knowledge, apparently, he had shared neither with his officers nor with the public, and he exhibited a want of initiative and vigor which is in strikingcontrast to Frémont's ambition and overzeal. 

Shortly after this incident Commodore Sloat was allowed to return "byreason of ill health, " as has been heretofore published in mosthistories. His undoubted recall gave room to Commodore Robert Stockton, to whom Sloat not only turned over the command of the naval forces, butwhom he also directed to "assume command of the forces and operations onshore. "

Stockton at once invited Frémont to enlist under his command, and theinvitation was accepted. The entire forces moved south by sea and landfor the purpose of subduing southern California. This end wastemporarily accomplished with almost ridiculous ease. At this distanceof time, allowing all obvious explanations of lack of training, meagerequipment, and internal dissension, we find it a little difficult tounderstand why the Californians did not make a better stand. Most ofthe so-called battles were a sort of _opera bouffe_. Californiansentrenched with cannon were driven contemptuously forth, withoutcasualties, by a very few men. For example, a lieutenant and nine menwere sufficient to hold Santa Barbara in subjection. Indeed, theconquest was too easy, for, lulled into false security, Stocktondeparted, leaving as he supposed sufficient men to hold the country. TheCalifornians managed to get some coherence into their councils, attackedthe Americans, and drove them forth from their garrisons. 

Stockton and Frémont immediately started south. In the meantime anoverland party under General Kearny had been dispatched from the East. His instructions were rather broad. He was to take in such smallsections of the country as New Mexico and Arizona, leaving sufficientgarrisons on his way to California. As a result, though his command atfirst numbered 1657 men, he arrived in the latter state with only about100. From Warner's Ranch in the mountains he sent word to Stockton thathe had arrived. Gillespie, whom the Commodore at once dispatched withthirty-nine men to meet and conduct him to San Diego, joined Kearny nearSan Luis Rey Mission. 

A force of Californians, however, under command of one Andrés Pico hadbeen hovering about the hills watching the Americans. It was decided toattack this force. Twenty men were detailed under Captain Johnston forthe purpose. At dawn on the morning of the 6th of December the Americanscharged upon the Californian camp. The Californians promptly decampedafter having delivered a volley which resulted in killing Johnston. TheAmericans at once pursued them hotly, became much scattered, and wereturned upon by the fleeing enemy. The Americans were poorly mountedafter their journey, their weapons were now empty, and they were unableto give mutual aid. The Spanish were armed with lances, pistols, and thedeadly riata. Before the rearguard could come up, sixteen of the totalAmerican force were killed and nineteen badly wounded. This battle ofSan Pascual, as it was called, is interesting as being the onlyengagement in which the Californians got the upper hand. Whether theirParthian tactics were the result of a preconceived policy or were merelyan expedient of the moment, it is impossible to say. The battle is alsonotable because the well-known scout, Kit Carson, took part in it. 

The forces of Stockton and Kearny joined a few days later, and very soona conflict of authority arose between the leaders. It was a childishaffair throughout, and probably at bottom arose from Frémont's usualover-ambitious designs. To Kearny had undoubtedly been given, by theproperly constituted authorities, the command of all the landoperations. Stockton, however, claimed to hold supreme land command byinstructions from Commodore Sloat already quoted. Through the internalevidence of Stockton's letters and proclamations, it seems he was atrifle inclined to be bombastic and high-flown, to usurp authority, andperhaps to consider himself and his operations of more importance thanthey actually were. However, he was an officer disciplined and trainedto obedience, and his absurd contention is not in character. It may besignificant that he had promised to appoint Frémont Governor ofCalifornia, a promise that naturally could not be fulfilled if Kearny'sauthority were fully recognized. 

Furthermore, at this moment Frémont was at the zenith of his career, andhis influence in such matters was considerable. As Hittell says, "Atthis time and for some time afterwards, Frémont was represented as asort of young lion. The several trips he had made across the continent, and the several able and interesting reports he had published over hisname attracted great public attention. He was hardly ever mentionedexcept in a high-flown hyperbolical phrase. Benton was one of the mostinfluential men of his day, and it soon became well understood that thesurest way of reaching the father-in-law's favor was by furthering theson-in-law's prospects; everybody that wished to court Benton praisedFrémont. Besides this political influence Benton exerted in Frémont'sbehalf, there was an almost equally strong social influence. " It mightbe added that the nature of his public service had been such as to throwhim on his own responsibility, and that he had always gambled withfortune, as in the Bear Flag Revolution already mentioned. His star hadever been in the ascendant. He was a spoiled child of fortune at thistime, and bitterly and haughtily resented any check to his ambition. Themixture of his blood gave him that fine sense of the dramatic which soeasily descends to posing. His actual accomplishment was without doubtgreat; but his own appreciation of that accomplishment was alsoundoubtedly great. He was one of those interesting characters whoseactivities are so near the line between great deeds and charlatanismthat it is sometimes difficult to segregate the pose from theperformance. 

The end of this row for precedence did not come until after theso-called battles at the San Gabriel River and on the Mesa on January 8and 9, 1847. The first of these conflicts is so typical that it is wortha paragraph of description. 

The Californians were posted on the opposite bank of the river. They hadabout five hundred men, and two pieces of artillery well placed. Thebank was elevated some forty feet above the stream and possibly four orsix hundred back from the water. The American forces, all told, consisted of about five hundred men, but most of them were dismounted. The tactics were exceedingly simple. The Americans merely forded theriver, dragged their guns across, put them in position, and calmlycommenced a vigorous bombardment. After about an hour and a half ofcircling about and futile half-attacks, the Californians withdrew. Thetotal American loss in this and the succeeding "battle, " called that ofthe Mesa, was three killed and twelve wounded. 

After this latter battle, the Californians broke completely and hurtledtoward the North. Beyond Los Angeles, near San Fernando, they ranhead-on into Frémont and his California battalion marching overland fromthe North. Frémont had just learned of Stockton's defeat of theCalifornians and, as usual, he seized the happy chance the gods hadoffered him. He made haste to assure the Californians through amessenger that they would do well to negotiate with him rather than withStockton. To these suggestions the Californians yielded. Commissionersappointed by both sides then met at Cahuenga on January 13, andelaborated a treaty by which the Californians agreed to surrender theirarms and not to serve again during the war, whereupon the victorsallowed them to leave the country. Frémont at once proceeded to LosAngeles, where he reported to Kearny and Stockton what had happened. 

In accordance with his foolish determination, Stockton still refused toacknowledge Kearny's direct authority. He appointed Frémont Governor ofCalifornia, which was one mistake; and Frémont accepted, which wasanother. Undoubtedly the latter thought that his pretensions would besupported by personal influence in Washington. From former experience hehad every reason to believe so. In this case, however, he reckonedbeyond the resources of even his powerful father-in-law. Kearny, whoseems to have been a direct old war-dog, resolved at once to test hisauthority. He ordered Frémont to muster the California battalion intothe regular service, under his (Kearny's) command; or, if the men didnot wish to do this, to discharge them. This order did not in the leastplease Frémont. He attempted to open negotiations, but Kearny was in nomanner disposed to talk. He said curtly that he had given his orders, and merely wished to know whether or not they would be obeyed. To this, and from one army officer to another, there could be but one answer, andthat was in the affirmative. 

Colonel Mason opportunely arrived from Washington with instructions toFrémont either to join his regiment or to resume the explorations onwhich he had originally been sent to this country. Frémont was stillpretending to be Governor, but with nothing to govern. His game waslosing at Washington. He could not know this, however, and for some timecontinued to persist in his absurd claims to governorship. Finally hebegged permission of Kearny to form an expedition against Mexico. But itwas rather late in the day for the spoiled child to ask for favors, andthe permission was refused. Upon his return to Washington under furtherorders, Frémont was court-martialed, and was found guilty of mutiny, disobedience, and misconduct. He was ordered dismissed from the service, but was pardoned by President Polk in view of his past services. Herefused this pardon and resigned. 

Frémont was a picturesque figure with a great deal of personal magnetismand dash. The halo of romance has been fitted to his head. There is nodoubt that he was a good wilderness traveler, a keen lover of adventure, and a likable personality. He was, however, over-ambitious; headvertised himself altogether too well; and he presumed on theundoubtedly great personal influence he possessed. He has been nicknamedthe Pathfinder, but a better title would be the Pathfollower. He foundno paths that had not already been traversed by men before him. Unlessthe silly sentiment that persistently glorifies such despicablecharacters as the English Stuarts continues to surround this interestingcharacter with fallacious romance, Frémont will undoubtedly take hisplace in history below men now more obscure but more solid than he was. His services and his ability were both great. If he, his friends, andhistorians had been content to rest his fame on actualities, hisposition would be high and honorable. The presumption of so much morethan the man actually did or was has the unfortunate effect ofminimizing his real accomplishment. 

CHAPTER III

LAW--MILITARY AND CIVIL

The military conquest of California was now an accomplished fact. Aslong as hostilities should continue in Mexico, California must remainunder a military government, and such control was at once inaugurated. The questions to be dealt with, as may well be imagined, were delicatein the extreme. In general the military Governors handled such questionswith tact and efficiency. This ability was especially true in the caseof Colonel Mason, who succeeded General Kearny. The understandingdisplayed by this man in holding back the over-eager Americans on oneside, and in mollifying the sensitive Californians on the other, isworthy of all admiration. 

The Mexican laws were, in lack of any others, supposed to be enforced. Under this system all trials, except of course those having to do withmilitary affairs, took place before officials called _alcades_, whoacknowledged no higher authority than the Governor himself, and enforcedthe laws as autocrats. The new military Governors took over the oldsystem bodily and appointed new _alcaldes_ where it seemed necessary. The new _alcaldes_ neither knew nor cared anything about the old Mexicanlaw and its provisions. This disregard cannot be wondered at, for even acursory examination of the legal forms convinces one that they weremeant more for the enormous leisure of the old times than for thenecessities of the new. In the place of Mexican law each _alcalde_attempted to substitute his own sense of justice and what recollectionof common-law principles he might be able to summon. These common-lawprinciples were not technical in the modern sense of the word, nor werethere any printed or written statutes containing them. In this case theywere simply what could be recalled by non-technical men of the way inwhich business had been conducted and disputes had been arranged back intheir old homes. But their main reliance was on their individual senseof justice. As Hittell points out, even well-read lawyers who happenedto be made _alcaldes_ soon came to pay little attention totechnicalities and to seek the merit of cases without regard to rules orforms. All the administration of the law was in the hands of these_alcaldes_. Mason, who once made the experiment of appointing a specialcourt at Sutter's Fort to try a man known as Growling Smith for themurder of Indians, afterwards declared that he would not do it againexcept in the most extraordinary emergency, as the precedent was bad. 

As may well be imagined, this uniquely individualistic view of the lawmade interesting legal history. Many of the incumbents were of the roughdiamond type. Stories innumerable are related of them. They had littleregard for the external dignity of the court, but they strongly insistedon its discipline. Many of them sat with their feet on the desk, chewingtobacco, and whittling a stick. During a trial one of the counselreferred to his opponent as an "oscillating Tarquín. " The judge roaredout "A what?"

"An oscillating Tarquín, your honor. "

The judge's chair came down with a thump. 

"If this honorable court knows herself, and she thinks she do, thatremark is an insult to this honorable court, and you are fined twoounces. "

Expostulation was cut short. 

"Silence, sir! This honorable court won't tolerate cussings and shenever goes back on her decisions!"

And she didn't!

Nevertheless a sort of rough justice was generally accomplished. Thesemen felt a responsibility. In addition they possessed a grim commonsenseearned by actual experience. 

There is an instance of a priest from Santa Clara, sued before the_alcalde_ of San José for a breach of contract. His plea was that as achurchman he was not amenable to civil law. The American decided that, while he could not tell what peculiar privileges a clergyman enjoyed asa priest, it was quite evident that when he departed from his religiouscalling and entered into a secular bargain with a citizen he placedhimself on the same footing as the citizen, and should be required likeanybody else to comply with his agreement. This principle, which wasgood sense, has since become good law. 

The _alcalde_ refused to be bound by trivial concerns. A Mexican wasaccused of stealing a pair of leggings. He was convicted and finedthree ounces for stealing, while the prosecuting witness was also finedone ounce for bothering the court with such a complaint. On anotheroccasion the defendant, on being fined, was found to be totallyinsolvent. The _alcalde_ thereupon ordered the plaintiff to pay the fineand costs for the reason that the court could not be expected to sitwithout remuneration. Though this naive system worked out well enough inthe new and primitive community, nevertheless thinking men realized thatit could be for a short time only. 

As long as the war with Mexico continued, naturally California was undermilitary Governors, but on the declaration of peace military governmentautomatically ceased. Unfortunately, owing to strong controversies as toslavery or non-slavery, Congress passed no law organizing California asa territory; and the status of the newly-acquired possession was farfrom clear. The people held that, in the absence of congressionalaction, they had the right to provide for their own government. On theother hand, General Riley contended that the laws of California obtaineduntil supplanted by act of Congress. He was under instructions asGovernor to enforce this view, which was, indeed, sustained by judicialprecedents. But for precedents the inhabitants cared little. Theyresolved to call a constitutional convention. After considerablenegotiation and thought, Governor Riley resolved to accede to the wishesof the people. An election of delegates was called and theconstitutional convention met at Monterey, September 1, 1849. 

Parenthetically it is to be noticed that this event took place aconsiderable time after the first discovery of gold. It can in no sensebe considered as a sequel to that fact. The numbers from the gold rushcame in later. The constitutional convention was composed mainly of menwho had previous interests in the country. They were representative ofthe time and place. The oldest delegate was fifty-three years and theyoungest twenty-five years old. Fourteen were lawyers, fourteen werefarmers, nine were merchants, five were soldiers, two were printers, onewas a doctor, and one described himself as "a gentleman of elegantleisure. "

The deliberations of this body are very interesting reading. Such asubject is usually dry in the extreme; but here we have men assembledfrom all over the world trying to piece together a form of governmentfrom the experiences of the different communities from which theyoriginally came. Many Spanish Californians were represented on thefloor. The different points brought up and discussed, in addition tothose finally incorporated in the constitution, are both a valuablemeasure of the degree of intelligence at that time, and an indication ofwhat men considered important in the problems of the day. Theconstitution itself was one of the best of the thirty-one stateconstitutions that then existed. Though almost every provision in it wascopied from some other instrument, the choice was good. A provisionprohibiting slavery was carried by a unanimous vote. When the conventionadjourned, the new commonwealth was equipped with all the necessarymachinery for regular government. [3]

[3: The constitution was ratified by popular vote, November 13, 1849;and the machinery of state government was at once set in motion, thoughthe State was not admitted into the Union until September 9. 1850. ]

It is customary to say that the discovery of gold made the State ofCalifornia. As a matter of fact, it introduced into the history ofCalifornia a new solvent, but it was in no sense a determining factor ineither the acquisition or the assuring of the American hold. It must notbe forgotten that a rising tide of American immigration had already setin. By 1845 the white population had increased to about eight thousand. At the close of hostilities it was estimated that the white populationhad increased to somewhere between twelve and fifteen thousand. Moreoverthis immigration, though established and constantly growing, was by nomeans topheavy. There was plenty of room in the north for the Americans, and they were settling there peaceably. Those who went south generallybought their land in due form. They and the Californians were getting onmuch better than is usual with conquering and conquered peoples. 

But the discovery of gold upset all this orderly development. It wipedout the usual evolution. It not only swept aside at once the antiquatedMexican laws, but it submerged for the time being the first stirrings ofthe commonwealth toward due convention and legislation after theAmerican pattern. It produced an interim wherein the only law was thatevolved from men's consciences and the Anglo-Saxon instinct for order. It brought to shores remote from their native lands a cosmopolitan crewwhose only thought was a fixed determination to undertake no newresponsibilities. Each man was living for himself. He intended to gethis own and to protect his own, and he cared very little for thedifficulties of his neighbors. In other words, the discovery of goldoffered California as the blank of a mint to receive the impress of abrand new civilization. And furthermore it gave to these men and, through them, to the world an impressive lesson that socialresponsibility can be evaded for a time, to be sure, but only for atime; and that at the last it must be taken up and the arrears must bepaid. 

CHAPTER IV

GOLD

The discovery of gold--made, as everyone knows, by James Marshall, aforeman of Sutter's, engaged in building a sawmill for the Captain--cameat a psychological time. [4]The Mexican War was just over and theadventurous spirits, unwilling to settle down, were looking for newexcitement. Furthermore, the hard times of the Forties had blanketed theEast with mortgages. Many sober communities were ready, deliberately andwithout excitement, to send their young men westward in the hope offinding a way out of their financial difficulties. The Oregon question, as has been already indicated, had aroused patriotism to such an extentthat westward migration had become a sort of mental contagion. 

[4: January 24, 1848, is the date usually given. ]

It took some time for the first discoveries to leak out, and to bebelieved after they had gained currency. Even in California itselfinterest was rather tepid at first. Gold had been found in smallquantities many years before, and only the actual sight of the metal inconsiderable weight could rouse men's imaginations to the blazing point. 

Among the most enthusiastic protagonists was one Sam Brannan, who oftenappeared afterwards in the pages of Californian history. Brannan was aMormon who had set out from New York with two hundred and fifty Mormonsto try out the land of California as a possible refuge for thepersecuted sect. That the westward migration of Mormons stopped at SaltLake may well be due to the fact that on entering San Francisco Bay, Brannan found himself just too late. The American flag was alreadyfloating over the Presidio. Eye-witnesses say that Brannan dashed hishat to the deck, exclaiming, "There is that damned rag again. " However, he proved an adaptable creature, for he and his Mormons landednevertheless, and took up the industries of the country. 

Brannan collected the usual tithes from these men, with the ostensiblepurpose of sending them on to the Church at Salt Lake. This, however, he consistently failed to do. One of the Mormons, on asking Sutter howlong they should be expected to pay these tithes, received the answer, "As long as you are fools enough to do so. " But they did not remainfools very much longer, and Brannan found himself deprived of thissource of revenue. On being dunned by Brigham Young for the tithesalready collected, Brannan blandly resigned from the Church, stillretaining the assets. With this auspicious beginning, aided by a burly, engaging personality, a coarse, direct manner that appealed to men, andan instinct for the limelight, he went far. Though there were a greatmany admirable traits in his character, people were forced to like himin spite of rather than because of them. His enthusiasm for any publicagitation was always on tap. 

In the present instance he rode down from Sutter's Fort, where he thenhad a store, bringing with him gold-dust and nuggets from the newplacers. "Gold! Gold! Gold from the American River!" shouted Brannan, ashe strode down the street, swinging his hat in one hand and holdingaloft the bottle of gold-dust in the other. This he displayed to thecrowd that immediately gathered. With such a start, this new interestbrought about a stampede that nearly depopulated the city. 

The fever spread. People scrambled to the mines from all parts of theState. Practically every able-bodied man in the community, except theSpanish Californians, who as usual did not join this new enterprise withany unanimity, took at least a try at the diggings. Not only did theydesert almost every sort of industry, but soldiers left the ranks andsailors the ships, so that often a ship was left in sole charge of itscaptain. All of American and foreign California moved to the foothills. 

Then ensued the brief period so affectionately described in allliteralness as the Arcadian Age. Men drank and gambled and enjoyedthemselves in the rough manner of mining camps; but they were hardlyever drunken and in no instance dishonest. In all literalness the minerskept their gold-dust in tin cans and similar receptacles, on shelves, unguarded in tents or open cabins. Even quarrels and disorder werepractically unknown. The communities were individualistic in theextreme, and yet, with the Anglo-Saxon love of order, they adopted rulesand regulations and simple forms of government that proved entirelyadequate to their needs. When the "good old days" are mentioned withthe lingering regret associated with that phrase, the reference is tothis brief period that came between the actual discovery andappreciation of gold and the influx from abroad that came in thefollowing years. 

This condition was principally due to the class of men concerned. Theearliest miners were a very different lot from the majority of those whoarrived in the next few years. They were mostly the original population, who had come out either as pioneers or in the government service. Theyincluded the discharged soldiers of Stevenson's regiment of New YorkVolunteers, who had been detailed for the war but who had arrived alittle late, the so-called Mormon Battalion, Sam Brannan's immigrants, and those who had come as settlers since 1842. They were a rough lotwith both the virtues and the defects of the pioneer. Nevertheless amongtheir most marked characteristics were their honesty and their kindness. Hittell gives an incident that illustrates the latter trait very well. "It was a little camp, the name of which is not given and perhaps is notimportant. The day was a hot one when a youth of sixteen came limpingalong, footsore, weary, hungry, and penniless. There were at leastthirty robust miners at work in the ravine and it may well be believedthey were cheerful, probably now and then joining in a chorus orlaughing at a joke. The lad as he saw and heard them sat down upon thebank, his face telling the sad story of his misfortunes. Though he saidnothing he was not unobserved. At length one of the miners, a stalwartfellow, pointing up to the poor fellow on the bank, exclaimed to hiscompanions, 'Boys, I'll work an hour for that chap if you will. ' Allanswered in the affirmative and picks and shovels were plied with evenmore activity than before. At the end of an hour a hundred dollars'worth of gold-dust was poured into his handkerchief. As this was donethe miners who had crowded around the grateful boy made out a list oftools and said to him: 'You go now and buy these tools and come back. We'll have a good claim staked out for you; then you've got to paddlefor yourself. '"

Another reason for this distinguished honesty was the extent andincredible richness of the diggings, combined with the firm belief thatthis richness would last forever and possibly increase. The first goldwas often found actually at the roots of bushes, or could be picked outfrom the veins in the rocks by the aid of an ordinary hunting-knife. Such pockets were, to be sure, by no means numerous; but the miners didnot know that. To them it seemed extremely possible that gold in suchquantities was to be found almost anywhere for the mere seeking. Authenticated instances are known of men getting ten, fifteen, twenty, and thirty thousand dollars within a week or ten days, withoutparticularly hard work. Gold was so abundant it was much easier to digit than to steal it, considering the risks attendant on the lattercourse. A story is told of a miner, while paying for something, droppinga small lump of gold worth perhaps two or three dollars. A bystanderpicked it up and offered it to him. The miner, without taking it, lookedat the man with amazement, exclaiming: "Well, stranger, you are acuriosity. I guess you haven't been in the diggings long. You had betterkeep that lump for a sample. "

These were the days of the red-shirted miner, of romance, of Arcadiansimplicity, of clean, honest working under blue skies and beneath thewarm California sun, of immense fortunes made quickly, of faithful"pardners, " and all the rest. This life was so complete in all itselements that, as we look back upon it, we unconsciously give it alonger period than it actually occupied. It seems to be an epoch, asindeed it was; but it was an epoch of less than a single year, and itended when the immigration from the world at large began. 

The first news of the gold discovery filtered to the east in aroundabout fashion through vessels from the Sandwich Islands. ABaltimore paper published a short item. Everybody laughed at the rumor, for people were already beginning to discount California stories. Butthey remembered it. Romance, as ever, increases with the square of thedistance; and this was a remote land. But soon there came an officialletter written by Governor Mason to the War Department wherein he saidthat in his opinion, "There is more gold in the country drained by theSacramento and San Joaquín rivers than would pay the cost of the latewar with Mexico a hundred times over. " The public immediately was alert. And then, strangely enough, to give direction to the restless spiritseething beneath the surface of society, came a silly popular song. Ashas happened many times before and since, a great movement was set tothe lilt of a commonplace melody. Minstrels started it; the publiccaught it up. Soon in every quarter of the world were heard the strainsof _Oh, Susannah!_ or rather the modification of it made to fit thiscase:

 "I'll scrape the mountains clean, old girl, I'll drain the rivers dry. I'm off for California, Susannah, don't you cry. Oh, Susannah, don't you cry for me, I'm off to California with my wash bowl on my knee!"

The public mind already prepared for excitement by the stirring eventsof the past few years, but now falling into the doldrums of bothmonotonous and hard times, responded eagerly. Every man with a drop ofred blood in his veins wanted to go to California. But the journey was along one, and it cost a great deal of money, and there were such thingsas ties of family or business impossible to shake off. However, thosewho saw no immediate prospect of going often joined the curious clubsformed for the purpose of getting at least one or more of their membersto the El Dorado. These clubs met once in so often, talked over details, worked upon each other's excitement even occasionally and officiallysent some one of their members to the point of running amuck. Then heusually broke off all responsibilities and rushed headlong to the goldcoast. 

The most absurd ideas obtained currency. Stories did not lose in travel. A work entitled _Three Weeks in the Gold Mines_, written by a mendaciousindividual who signed himself H. I. Simpson, had a wide vogue. It isdoubtful if the author had ever been ten miles from New York; but hewrote a marvelous and at the time convincing tale. According to hisaccount, Simpson had only three weeks for a tour of the gold-fields, andconsidered ten days of the period was all he could spare the unimportantjob of picking up gold. In the ten days, however, with no otherimplements than a pocket-knife, he accumulated fifty thousand dollars. The rest of the time he really preferred to travel about viewing thecountry! He condescended, however, to pick up incidental nuggets thathappened to lie under his very footstep. Said one man to his friend: "Ibelieve I'll go. I know most of this talk is wildly exaggerated, but Iam sensible enough to discount all that sort of thing and to disbelieveabsurd stories. I shan't go with the slightest notion of finding thething true, but will be satisfied if I do reasonably well. In fact, if Idon't pick up more than a hatful of gold a day I shall be perfectlysatisfied. "

Men's minds were full of strange positive knowledge, not only as to theextent of the goldmines, but also as to theory and practice of theactual mining. Contemporary writers tell us of the hundreds and hundredsof different strange machines invented for washing out the gold andactually carried around the Horn or over the Isthmus of Panama to SanFrancisco. They were of all types, from little pocket-sized affairs upto huge arrangements with windmill arms and wings. Their destination wasinevitably the beach below the San Francisco settlement, where, halfburied in the sand, torn by the trade winds, and looted for whatever ofvalue might inhere in the metal parts, they rusted and disintegrated, apathetic and grisly reminder of the futile greed of men. 

Nor was this excitement confined to the eastern United States. In Franceitself lotteries were held, called, I believe, the Lotteries of theGolden Ingot. The holders of the winning tickets were given a trip tothe gold-fields. A considerable number of French came over in thatmanner, so that life in California was then, as now, considerablyleavened by Gallicism. Their ignorance of English together with theirnational clannishness caused them to stick together in communities. They soon became known as Keskydees. Very few people knew why. It wasmerely the frontiersmen's understanding of the invariable French phrase_"Qu'est-ce qu'il dit?"_ In Great Britain, Norway, to a certain extentin Germany, South America, and even distant Australia, the adventurousand impecunious were pricking up their ears and laying their plans. 

There were offered three distinct channels for this immigration. Thefirst of these was by sailing around Cape Horn. This was a slow butfairly comfortable and reasonably safe route. It was never subject tothe extreme overcrowding of the Isthmus route, and it may be dismissedin this paragraph. The second was by the overland route, of which therewere several trails. The third was by the Isthmus of Panama. Each ofthese two is worth a chapter, and we shall take up the overlandmigration first. 

CHAPTER V

ACROSS THE PLAINS

The overland migration attracted the more hardy and experiencedpioneers, and also those whose assets lay in cattle and farm equipmentrather than in money. The majority came from the more western parts ofthe then United States, and therefore comprised men who had already someexperience in pioneering. As far as the Mississippi or even Kansas theseparties generally traveled separately or in small groups from a singlelocality. Before starting over the great plains, however, it becamenecessary to combine into larger bands for mutual aid and protection. Such recognized meeting-points were therefore generally in a state ofcongestion. Thousands of people with their equipment and animals werecrowded together in some river-bottom awaiting the propitious moment forsetting forth. 

The journey ordinarily required about five months, provided nothinguntoward happened in the way of delay. A start in the spring thereforeallowed the traveler to surmount the Sierra Nevada mountains before thefirst heavy snowfalls. One of the inevitable anxieties was whether ornot this crossing could be safely accomplished. At first the migrationwas thoroughly orderly and successful. As the stories from Californiabecame more glowing, and as the fever for gold mounted higher, the paceaccelerated. 

A book by a man named Harlan, written in the County Farm to which hisold age had brought him, gives a most interesting picture of the times. His party consisted of fourteen persons, one of whom, Harlan'sgrandmother, was then ninety years old and blind! There were also twovery small children. At Indian Creek in Kansas they caught up with themain body of immigrants and soon made up their train. He says: "Weproceeded very happily until we reached the South Platte. Every night weyoung folks had a dance on the green prairie. " Game abounded, the partywas in good spirits and underwent no especial hardships, and the Indiantroubles furnished only sufficient excitement to keep the meninterested and alert. After leaving Salt Lake, however, the passageacross the desert suddenly loomed up as a terrifying thing. "We startedon our passage over this desert in the early morning, trailed all nextday and all night, and on the morning of the third day our guide told usthat water was still twenty-five miles away. William Harlan here losthis seven yoke of oxen. The man who was in charge of them went to sleep, and the cattle turned back and recrossed the desert or perhaps diedthere.... Next day I started early and drove till dusk, as I wished totire the cattle so that they would lie down and give me a chance tosleep. They would rest for two or three hours and then try to go backhome to their former range. " The party won through, however, anddescended into the smiling valleys of California, ninety-year-old ladyand all. 

These parties which were hastily got together for the mere purpose ofprogress soon found that they must have some sort of government to makethe trip successful. A leader was generally elected to whom implicitobedience was supposed to be accorded. Among independent and hot-headedmen quarrels were not infrequent. A rough sort of justice was, however, invoked by vote of the majority. Though a "split of blankets" was notunknown, usually the party went through under one leadership. Fortunatewere those who possessed experienced men as leaders, or who in hiringthe services of one of the numerous plains guides obtained one ofgenuine experience. Inexperience and graft were as fatal then as now. Itcan well be imagined what disaster could descend upon a camping party ina wilderness such as the Old West, amidst the enemies which thatwilderness supported. It is bad enough today when inexperienced peoplego to camp by a lake near a farm-house. Moreover, at that time everybodywas in a hurry, and many suspected that the other man was trying toobtain an advantage. 

Hittell tells of one ingenious citizen who, in trying to keep ahead ofhis fellow immigrants as he hurried along, had the bright idea ofsetting on fire and destroying the dry grass in order to retard theprogress of the parties behind. Grass was scarce enough in the bestcircumstances, and the burning struck those following with starvation. He did not get very far, however, before he was caught by a posse whomounted their best horses for pursuit. They shot him from his saddleand turned back. This attempt at monopoly was thus nipped in the bud. 

Probably there would have been more of this sort of thing had it notbeen for the constant menace of the Indians. The Indian attack on theimmigrant train has become so familiar through Wild West shows andso-called literature that it is useless to redescribe it here. Generallythe object was merely the theft of horses, but occasionally a genuineattack, followed in case of success by massacre, took place. Anexperience of this sort did a great deal of good in holding together notonly the parties attacked, but also those who afterwards heard of theattempt. 

There was, however, another side to the shield, a very encouraging andcheerful side. For example, some good-hearted philanthropist establisheda kind of reading-room and post-office in the desert near the headwatersof the Humboldt River. He placed it in a natural circular wall of rockby the road, shaded by a lone tree. The original founder left a lot ofnewspapers on a stone seat inside the wall with a written notice to"Read and leave them for others. "

Many trains, well equipped, well formed, well led, went through withouttrouble--indeed, with real pleasure. Nevertheless the overwhelmingtestimony is on the other side. Probably this was due in large part tothe irritability that always seizes the mind of the tenderfoot when heis confronted by wilderness conditions. A man who is a perfectly normaland agreeable citizen in his own environment becomes a suspicioushalf-lunatic when placed in circumstances uncomfortable andunaccustomed. It often happened that people were obliged to throw thingsaway in order to lighten their loads. When this necessity occurred, theygenerally seemed to take an extraordinary delight in destroying theirproperty rather than in leaving it for anybody else who might comealong. Hittell tells us that sugar was often ruined by having turpentinepoured over it, and flour was mixed with salt and dirt; wagons wereburned; clothes were torn into shreds and tatters. All of thisdestruction was senseless and useless, and was probably only a blind andinstinctive reaction against hardships. 

Those hardships were considerable. It is estimated that during theheight of the overland migration in the spring of 1849 no less thanfifty thousand people started out. The wagon trains followed almost onone another's heels, so hot was the pace. Not only did the travelerswish to get to the Sierras before the snows blocked the passes, not onlywere they eager to enter the gold mines, but they were pursued by thespecter of cholera in the concentration camps along the MississippiValley. This scourge devastated these gatherings. It followed the menacross the plains like some deadly wild beast, and was shaken off onlywhen the high clear climate of desert altitude was eventually reached. 

But the terrible part of the journey began with the entrance into thegreat deserts, like that of the Humboldt Sink. There the conditions werealmost beyond belief. Thousands were left behind, fighting starvation, disease, and the loss of cattle. Women who had lost their husbands fromthe deadly cholera went staggering on without food or water, leadingtheir children. The trail was literally lined with dead animals. Oftenin the middle of the desert could be seen the camps of death, the wagonsdrawn in a circle, the dead animals tainting the air, every living humanbeing crippled from scurvy and other diseases. There was no fodder forthe cattle, and very little water The loads had to be lightened almostevery mile by the discarding of valuable goods. Many of the immigrantswho survived the struggle reached the goal in an impoverished condition. The road was bordered with an almost unbroken barrier of abandonedwagons, old mining implements, clothes, provisions, and the like. As thecattle died, the problem of merely continuing the march became worse. Often the rate of progress was not more than a mile every two or threehours. Each mile had to be relayed back and forth several times. Andwhen this desert had sapped their strength, they came at last to theSink itself, with its long white fields of alkali with drifts of ashesacross them, so soft that the cattle sank half-way to their bellies. Thedust was fine and light and rose chokingly; the sun was strong andfierce. All but the strongest groups of pioneers seemed to break here. The retreats became routs. Each one put out for himself with whatstrength he had left. The wagons were emptied of everything but thebarest necessities. At every stop some animal fell in the traces and hadto be cut out of the yoke. If a wagon came to a full stop, it wasabandoned. The animals were detached and driven forward. And when atlast they reached the Humboldt River itself, they found it almostimpossible to ford. The best feed lay on the other side. In thedistance the high and forbidding ramparts of the Sierra Nevadas rearedthemselves. 

One of these Forty-niners, Delano, a man of some distinction in thelater history of the mining communities, says that five men drownedthemselves in the Humboldt River in one day out of sheer discouragement. He says that he had to save the lives of his oxen by giving Indiansfifteen dollars to swim the river and float some grass across to him. And with weakened cattle, discouraged hearts, no provisions, thetravelers had to tackle the high rough road that led across themountains. 

Of course, the picture just drawn is of the darkest aspect. Some trainsthere were under competent pioneers who knew their job; who wereexperienced in wilderness travel; who understood better than to chasemadly away after every cut-off reported by irresponsible trappers; whocomprehended the handling and management of cattle; who, in short, knewwilderness travel. These came through with only the ordinary hardships. But take it all in all, the overland trail was a trial by fire. One getsa notion of its deadliness from the fact that over five thousand peopledied of cholera alone. The trail was marked throughout its length bythe shallow graves of those who had succumbed. He who arrived inCalifornia was a different person from the one who had started from theEast. Experience had even in so short a time fused his elements intosomething new. This alteration must not be forgotten when we turn oncemore to the internal affairs of the new commonwealth. 

CHAPTER VI

THE MORMONS

In the westward overland migration the Salt Lake Valley Mormons playedan important part. These strange people had but recently taken up theirabode in the desert. That was a fortunate circumstance, as theirnecessities forced them to render an aid to the migration that in betterdays would probably have been refused. 

The founder of the Mormon Church, Joseph Smith, Jr. , came from acommonplace family. 

Apparently its members were ignorant and superstitious. They talked muchof hidden treasure and of supernatural means for its discovery. Theybelieved in omens, signs, and other superstitions. As a boy Joseph hadbeen shrewd enough and superstitious enough to play this trait up forall it was worth. He had a magic peep-stone and a witch-hazeldivining-rod that he manipulated so skillfully as to cause other boysand even older men to dig for him as he wished. He seemed to delight intricking his companions in various ways, by telling fortunes, reelingoff tall yarns, and posing as one possessed of occult knowledge. 

According to Joseph's autobiography, the discovery of the Mormon Biblehappened in this wise: on the night of September 21, 1823, a vision fellupon him; the angel Moroni appeared and directed him to a cave on thehillside; in this cave he found some gold plates, on which wereinscribed strange characters, written in what Smith described as"reformed Egyptian"; they were undecipherable except by the aid of apair of magic peep-stones named Urim and Thummim, delivered him for thepurpose by the angel at Palmyra; looking through the hole in thesepeep-stones, he was able to interpret the gold plates. This was theskeleton of the story embellished by later ornamentation in the way ofgolden breastplates, two stones bright and shining, golden plates unitedat the back by rings, the sword of Laban, square stone boxes, cementedclasps, invisible blows, suggestions of Satan, and similar mummery bornfrom the quickened imagination of a zealot. 

Smith succeeded in interesting one Harris to act as his amanuensis inhis interpretation of these books of Mormon. The future prophet satbehind a screen with the supposed gold plates in his hat. He dictatedthrough the stones Urim and Thummim. With a keen imagination and naturalaptitude for the strikingly dramatic, he was able to present formallyhis ritual, tabernacle, holy of holies, priesthood and tithings, constitution and councils, blood atonement, anointment, twelve apostles, miracles, his spiritual manifestations and revelations, all inreminiscence of the religious tenets of many lands. 

Such religious movements rise and fall at periodic intervals. Sometimesthey are never heard of outside the small communities of their birth; atother times they arise to temporary nation-wide importance, but they areunlucky either in leadership or environment and so perish. The MormonChurch, however, was fortunate in all respects. Smith was in no manner asuccessful leader, but he made a good prophet. He was strong physically, was a great wrestler, and had an abundance of good nature; he waspersonally popular with the type of citizen with whom he was thrown. Hecould impress the ignorant mind with the reality of his revelations andthe potency of his claims. He could impress the more intelligent, buthalf unscrupulous, half fanatical minds of the leaders with the power ofhis idea and the opportunities offered for leadership. 

Two men of the latter type were Parley P. Pratt and Sidney Rigdon. Theformer was of the narrow, strong, fanatic type; the latter had the coolconstructive brain that gave point, direction, and consistency to theMormon system of theology. Had it not been for such leaders and otherslike them, it is quite probable that the Smith movement would have beenlost like hundreds of others. That Smith himself lasted so long as thehead of the Church, with the powers and perquisites of that position, can be explained by the fact that, either by accident or shrewd design, his position before the unintelligent masses had been made impregnable. If it was not true that Joseph Smith had received the golden plates froman angel and had translated them--again with the assistance of anangel--and had received from heaven the revelations vouchsafed from timeto time for the explicit guidance of the Church in moral, temporal, andspiritual matters, then there was no Book of Mormon, no new revelation, no Mormon Church. The dethronement of Smith meant that there could beno successor to Smith, for there would be nothing to which to succeed. The whole church structure must crumble with him. 

The time was psychologically right. Occasionally a contagion ofreligious need seems to sweep the country. People demand manifestationsand signs, and will flock to any who can promise them. To this class theBook of Mormon, with its definite sort of mysticism, appealed strongly. The promises of a new Zion were concrete; the power was centralized, sothat people who had heretofore been floundering in doubt felt they couldlean on authority, and shake off the personal responsibility that hadweighed them down. The Mormon communities grew fast, and soon began tosend out proselyting missionaries. England was especially a fruitfulfield for these missionaries. The great manufacturing towns were then attheir worst, containing people desperately ignorant, superstitious, andso deeply poverty-stricken that the mere idea of owning land of theirown seemed to them the height of affluence. Three years after thearrival of the missionaries the general conference reported 4019converts in England alone. These were good material in the hands ofstrong, fanatical, or unscrupulous leaders. They were religiousenthusiasts, of course, who believed they were coming to a real city ofZion. Most of them were in debt to the Church for the price of theirpassage, and their expenses. They were dutiful in their acceptance ofmiracles, signs, and revelations. The more intelligent among themrealized that, having come so far and invested in the enterprise theirall, it was essential that they accept wholly the discipline andauthority of the Church. 

Before their final migration to Utah, the Mormons made three ill-fatedattempts to found the city of Zion, first in Ohio, then in westernMissouri, and finally, upon their expulsion from Missouri, at Nauvoo inIllinois. In every case they both inspired and encountered oppositionand sometimes persecution. As the Mormons increased in power, theybecame more self-sufficient and arrogant. They at first presumed todictate politically, and then actually began to consider themselves aseparate political entity. One of their earliest pieces of legislation, under the act incorporating the city of Nauvoo, was an ordinance toprotect the inhabitants of the Mormon communities from all outside legalprocesses. No writ for the arrest of any Mormon inhabitants of anyMormon city could be executed until it had received the mayor'sapproval. By way of a mild and adequate penalty, anyone violating thisordinance was to be imprisoned for life with no power of pardon in thegovernor without the mayor's consent. 

Of course this was a welcome opportunity for the lawless and desperatecharacters of the surrounding country. They became Mormon to a man. Under the shield of Mormon protection they could steal and raid to theirheart's content. Land speculators also came into the Church, and boughtland in the expectation that New Zion property would largely rise. Banking grew somewhat frantic. Complaints became so bitter that even thehigher church authorities were forced to take cognizance of thepractices. In 1840 Smith himself said: "We are no longer at war, and youmust stop stealing. When the right time comes, we will go in force andtake the whole State of Missouri. It belongs to us as our inheritance, but I want no more petty stealing. A man that will steal petty articlesfrom his enemies will, when occasion offers, steal from his brethrentoo. Now I command you that have stolen must steal no more. "

At Nauvoo, on the eastern bank of the Mississippi, they built a reallypretentious and beautiful city, and all but completed a temple that was, from every account, creditable. However, their arrogant relations withtheir neighbors and the extreme isolation in which they held themselvessoon earned them the dislike and distrust of those about them. Thepractice of polygamy had begun, although even to the rank and file ofthe Mormons themselves the revelation commanding it was as yet unknown. Still, rumors had leaked forth. The community, already severely shockedin its economic sense, was only too ready to be shocked in its moralsense, as is the usual course of human nature. The rather wild vagariesof the converts, too, aroused distrust and disgust in the sober minds ofthe western pioneers. At religious meetings converts would often ariseto talk in gibberish--utterly nonsensical gibberish. This was called a"speaking with tongues, " and could be translated by the speaker or abystander in any way he saw fit, without responsibility for the saying. This was an easy way of calling a man names without standing behind it, so to speak. The congregation saw visions, read messages on stonespicked up in the field--messages which disappeared as soon asinterpreted. They had fits in meetings, they chased balls of firethrough the fields, they saw wonderful lights in the air, in short theywent through all the hysterical vagaries formerly seen also in theMethodist revivals under John Wesley. 

Turbulence outside was accompanied by turbulence within. Schismsoccurred. Branches were broken off from the Church. The great temporalpower and wealth to which, owing to the obedience and docility of therank and file, the leaders had fallen practically sole heirs, had goneto their heads. The Mormon Church gave every indication of breaking upinto disorganized smaller units, when fortunately for it the prophetJoseph Smith and his brother Hyrum were killed by a mob. This martyrdomconsolidated the church body once more; and before disintegratinginfluences could again exert themselves, the reins of power were seizedby the strong hand of a remarkable man, Brigham Young, who thrust asidethe logical successor, Joseph Smith's son. 

Young was an uneducated man, but with a deep insight into human nature. A shrewd practical ability and a rugged intelligence, combined withabsolute cold-blooded unscrupulousness in attaining his ends, werequalities amply sufficient to put Young in the front rank of the classof people who composed the Mormon Church. He early established ahierarchy of sufficient powers so that always he was able to keep thestrong men of the Church loyal to the idea he represented. He paid themwell, both in actual property and in power that was dearer to them thanproperty. Furthermore, whether or not he originated polygamy, he notonly saw at once its uses in increasing the population of the new stateand in taking care of the extra women such fanatical religions alwaysattract, but also, more astutely, he realized that the doctrine ofpolygamy would set his people apart from all other people, and probablycall down upon them the direct opposition of the Federal Government. Afeeling of persecution, opposition, and possible punishment were allpotent to segregate the Mormon Church from the rest of humanity and toassure its coherence. Further, he understood thoroughly the results thatcan be obtained by coöperation of even mediocre people under ableleadership. He placed his people apart by thoroughly impressing upontheir minds the idea of their superiority to the rest of the world. Theywere the chosen people, hitherto scattered, but now at last gatheredtogether. His followers had just the degree of intelligence necessary toaccept leadership gracefully and to rejoice in a supposed superioritybecause of a sense of previous inferiority. 

This ductile material Brigham welded to his own forms. He was able toassume consistently an appearance of uncouth ignorance in order toretain his hold over his uncultivated flock. He delivered vituperative, even obscene sermons, which may still be read in his collected works. But he was able also on occasions, as when addressing agents of theFederal Government or other outsiders whom he wished to impress, towrite direct and dignified English. He was resourceful in obtainingcontrol over the other strong men of his Church; but by his very successhe was blinded to due proportions. There can be little doubt that at onetime he thought he could defy the United States by force of arms. Heeven maintained an organization called the Danites, sometimes called theDestroying Angels, who carried out his decrees. [5]

[5: The Mormon Church has always denied the existence of any suchorganization; but the weight of evidence is against the Church. In oneof his discourses, Young seems inadvertently to have admitted theexistence of the Danites. The organization dates from the sojourn of theMormons in Missouri. See Linn, _The Story of the Mormons_, pp. 189-192. ]

Brigham could welcome graciously and leave a good impression uponimportant visitors. He was not a good business man, however, and almostevery enterprise he directly undertook proved to be a complete orpartial failure. He did the most extraordinarily stupid things, as, forinstance, when he planned the so-called Cottonwood Canal, the mouth ofwhich was ten feet higher than its source! Nevertheless he had sense toutilize the business ability of other men, and was a good accumulator ofproperties. His estate at his death was valued at between two and threemillion dollars. This was a pretty good saving for a pioneer who hadcome into the wilderness without a cent of his own, who had always spentlavishly, and who had supported a family of over twenty wives and fiftychildren--all this without a salary as an officer. Tithes were broughtto him personally, and he rendered no accounting. He gave the strong menof his hierarchy power and opportunity, played them against each otherto keep his own lead, and made holy any of their misdeeds which were notdirected against himself. 

The early months of 1846 witnessed a third Mormon exodus. Driven out ofIllinois, these Latter-day Saints crossed the Mississippi in organizedbands, with Council Bluffs as their first objective. Through the winterand spring some fifteen thousand Mormons with three thousand wagonsfound their way from camp to camp, through snow, ice, and mud, over theweary stretch of four hundred miles to the banks of the Missouri. Theepic of this westward migration is almost biblical. Hardship brought outthe heroic in many characters. Like true American pioneers, they adaptedthemselves to circumstances with fortitude and skill. Linn says: "When ahalt occurred, a shoemaker might be seen looking for a stone to serve asa lap-stone in his repair work, or a gunsmith mending a rifle, or aweaver at a wheel or loom. The women learned that the jolting wagonswould churn their milk, and when a halt occurred it took them but ashort time to heat an oven hollowed out of the hillside, in which tobake the bread already raised. " Colonel Kane says that he saw a piece ofcloth, the wool for which was sheared, dyed, spun, and woven, during themarch. 

After a winter of sickness and deprivation in camps along "MiseryBottom, " as they called the river flats, during which malaria carriedoff hundreds, Brigham Young set out with a pioneer band of a hundred andfifty to find a new Zion. Toward the end of July, this expedition bydesign or chance entered Salt Lake Valley. At sight of the lakeglistening in the sun, "Each of us, " wrote one of the party, "withoutsaying a word to the other, instinctively, as if by inspiration, raisedour hats from our heads, and then, swinging our hats, shouted, 'Hosannahto God and the Lamb!'"

Meantime the first emigration from winter quarters was under way, and inthe following spring Young conducted a train of eight hundred wagonsacross the plains to the great valley where a city of adobe and loghouses was already building. The new city was laid off into numberedlots. The Presidency had charge of the distribution of these lots. Youmay be sure they did not reserve the worst for their use, nor did theyplace about themselves undesirable neighbors. Immediately after theassignments had been made, various people began at once to speculate inbuying and selling according to the location. The spiritual powerimmediately anathematized this. No one was permitted to trade overproperty. Any sales were made on a basis of the first cost plus thevalue of the improvement. A community admirable in almost every way wasimprovised as though by magic. Among themselves the Mormons were sober, industrious, God-fearing, peaceful. Their difficulties with the nationwere yet to come. 

Throughout the year, 1848, the weather was propitious for ploughing andsowing. Before the crops could be gathered, however, provisions ran solow that the large community was in actual danger of starvation. Menwere reduced to eating skins of slaughtered animals, the raw hides fromthe roofs of houses, and even a wild root dug by the miserable UteIndians. To cap the climax, when finally the crops ripened, they wereattacked by an army of crickets that threatened to destroy them utterly. Prayers of desperation were miraculously answered by a flight of whitesea-gulls that destroyed the invader and saved the crop. Since then thismiracle has been many times repeated. 

It was in August, 1849, that the first gold rush began. Some ofBrannan's company from California had already arrived with samples ofgold-dust. Brigham Young was too shrewd not to discourage all miningdesires on the part of his people, and he managed to hold them. TheMormons never did indulge in gold-mining. But the samples served toinflame the ardor of the immigrants from the east. Their one desire atonce became to lighten their loads so that they could get to thediggings in the shortest possible time. Then the Mormons began to reaptheir harvest. Animals worth only twenty-five or thirty dollars wouldbring two hundred dollars in exchange for goods brought in by thetravelers. For a light wagon the immigrants did not hesitate to offerthree or four heavy ones, and sometimes a yoke of oxen to boot. Suchvery desirable things to a new community as sheeting, or spades andshovels, since the miners were overstocked, could be had for almostnothing. Indeed, everything, except coffee and sugar, was about half thewholesale rate in the East. The profit to the Mormons from thismigration was even greater in 1850. The gold-seeker sometimes paid ashigh as a dollar a pound for flour; and, conversely, as many of thewayfarers started out with heavy loads of mining machinery andmiscellaneous goods, as is the habit of the tenderfoot camper even untothis day, they had to sell at the buyers' prices. Some of theenterprising miners had even brought large amounts of goods for sale ata hoped-for profit in California. At Salt Lake City, however, theinformation was industriously circulated that shiploads of similar, merchandise were on their way round the Horn, and consequently thewould-be traders often sacrificed their own stock. [6]

[6: Linn, _The Story of the Mormons_, 406. ]

This friendly condition could not, of course, long obtain. BrighamYoung's policy of segregation was absolutely opposed to permanentfriendly relations. The immigrants on the other hand were violentlyprejudiced against the Mormon faith. The valley of the Salt Lake seemedto be just the psychological point for the breaking up into fragments ofthe larger companies that had crossed the plains. The division ofproperty on these separations sometimes involved a considerable amountof difficulty. The disputants often applied to the Mormon courts fordecision. Somebody was sure to become dissatisfied and to accuse thecourts of undue influence. Rebellion against the decision brought uponthem the full force of civil power. For contempt of court they were mostseverely fined. The fields of the Mormons were imperfectly fenced; thecattle of the immigrants were very numerous. Trespass cases broughtheavy remuneration, the value being so much greater for damages than inthe States that it often looked to the stranger like an injustice. Aprotest would be taken before a bishop who charged costs for hisdecision. An unreasonable prejudice against the Mormons often arosefrom these causes. On the other hand there is no doubt that theimmigrants often had right on their side. Not only were the Mormonshuman beings, with the usual qualities of love of gain and desireto take advantage of their situation; but, further, they belongedto a sect that fostered the belief that they were superior to therest of mankind, and that it was actually meritorious to "spoil thePhilistines. "

Many gold-diggers who started out with a complete outfit finished theirjourney almost on foot. Some five hundred of these people got togetherlater in California and compared notes. Finally they drew up a series ofaffidavits to be sent back home. A petition was presented to Congresscharging that many immigrants had been murdered by the Mormons; that, when members of the Mormon community became dissatisfied and tried toleave, they were subdued and killed; that a two per cent tax on theproperty was levied on those immigrants compelled to stay through thewinter; that justice was impossible to obtain in the Mormon courts; thatimmigrants' mail was opened and destroyed; and that all Mormons were atbest treasonable in sentiment. Later the breach between the Mormons andthe Americans became more marked, until it culminated in the atrociousMountain Meadows massacre, which was probably only one of severalsimilar but lesser occurrences. These things, however, are outside ofour scope, as they occurred later in history. For the moment, it is onlynecessary to note that it was extremely fortunate for the goldimmigrants, not only that the half-way station had been established bythe Mormons, but also that the necessities of the latter forced them toadopt a friendly policy. By the time open enmity had come, the first ofthe rush had passed and other routes had been well established. 

CHAPTER VII

THE WAY BY PANAMA

Of the three roads to California that by Panama was the most obvious, the shortest, and therefore the most crowded. It was likewise the mostexpensive. To the casual eye this route was also the easiest. You got ona ship in New York, you disembarked for a very short land journey, youre-embarked on another ship, and landed at San Francisco. This routetherefore attracted the more unstable elements of society. The journeyby the plains took a certain grim determination and courage; that byCape Horn, a slow and persistent patience. 

The route by the Isthmus, on the other hand, allured the impatient, thereckless, and those who were unaccustomed to and undesirous ofhardships. Most of the gamblers and speculators, for example, as well asthe cheaper politicians, went by Panama. 

In October, 1848, the first steamship of the Pacific Steamship Companybegan her voyage from New York to Panama and San Francisco, and reachedher destination toward the end of February. On the Atlantic every oldtub that could be made to float so far was pressed into service. Naturally there were many more vessels on the Atlantic side than on thePacific side, and the greatest congestion took place at Panama. Everyman was promised by the shipping agent a through passage, but theshipping agent was careful to remain in New York. 

The overcrowded ships were picturesque though uncomfortable. They werecrowded to the guards with as miscellaneous a lot of passengers as wereever got together. It must be remembered that they were mostly young menin the full vigor of youth and thoroughly imbued with the adventurousspirit. It must be remembered again, if the reader can think back so farin his own experience, that youth of that age loves to deck itself outboth physically and mentally in the trappings of romance. Almost everyman wore a red shirt, a slouch hat, a repeating pistol, and abowie-knife; and most of them began at once to grow beards. They camefrom all parts of the country. The lank Maine Yankee elbowed the tall, sallow, black-haired Southerner. Social distinctions soon fell away andwere forgotten. No one could tell by speech, manners, or dress whether aman's former status was lawyer, physician, or roustabout. The days werespent in excited discussions of matters pertaining to the new countryand the theory and practice of gold-mining. Only two things were said tobe capable of breaking in on this interminable palaver. One was dolphinsand the other the meal-gong. When dolphins appeared, each passengerpromptly rushed to the side of the ship and discharged his revolver in afusillade that was usually harmless. Meal time always caught themajority unawares. They tumbled and jostled down the companionway onlyto find that the wise and forethoughtful had preëmpted every chair. There was very little quarreling. A holiday spirit seemed to pervade thecrowd. Everybody was more or less elevated in mood and everybody wasimbued with the same spirit of comradeship in adventure. 

But with the sight of shore, the low beach, and the round high bluffswith the castle atop that meant Chagres, this comradeship rather fellapart. Soon a landing was to be made and transportation across theIsthmus had to be obtained. Men at once became rivals for promptservice. Here, for the first time, the owners of the weirdmining-machines already described found themselves at a disadvantage, while those who carried merely the pick, shovel, and small personalequipment were enabled to make a flying start. On the beach there wasinvariably an immense wrangle over the hiring of boats to go up theriver. These were a sort of dug-out with small decks in the bow and inthe stern, and with low roofs of palmetto leaves amidships. The fare toCruces was about fifteen dollars a man. Nobody was in a hurry but theAmericans. 

Chagres was a collection of cane huts on level ground, with a swamp atthe back. Men and women clad in a single cotton garment lay aboutsmoking cigars. Naked and pot-bellied children played in the mud. On thethreshold of the doors, in the huts, fish, bullock heads, hides, andcarrion were strewn, all in a state of decomposition, while in the rearwas the jungle and a lake of stagnant water with a delicate bordering ofgreasy blue mud. There was but one hotel, called the Crescent City, which boasted of no floor and no food. The newcomers who were unsuppliedwith provisions had to eat what they could pick up. Unlearned as yet intropical ways, they wasted a tremendous lot of nervous energy in tryingto get the natives started. The natives, calm in the consciousness thatthere was plenty of demand, refused to be hurried. Many of thetravelers, thinking that they had closed a bargain, returned fromsightseeing only to find their boat had disappeared. The only safe waywas to sit in the canoe until it actually started. 

With luck they got off late in the afternoon, and made ten or twelvemiles to Gatun. The journey up the lazy tropical river was exciting andinteresting. The boatmen sang, the tropic forests came down to the bankswith their lilies, shrubs, mangoes, cocos, sycamores, palms; theircrimson, purple, and yellow blossoms; their bananas with torn leaves;their butterflies and paroquets; their streamers and vines and scarletflowers. It was like a vision of fairyland. 

Gatun was a collection of bamboo huts, inhabited mainly by fleas. Onetraveler tells of attempting to write in his journal, and finding thepage covered with fleas before he had inscribed a dozen words. The goldseekers slept in hammocks, suspended at such a height that the nativedogs found them most convenient back-scratchers. The fleas were notinactive. On all sides the natives drank, sang, and played monte. Itgenerally rained at night, and the flimsy huts did little to keep outthe wet. Such things went far to take away the first enthusiasm and toleave the travelers in rather a sad and weary-eyed state. 

By the third day the river narrowed and became swifter. With luck thevoyagers reached Gorgona on a high bluff. This was usually the end ofthe river journey. Most people bargained for Cruces six miles beyond, but on arrival decided that the Gorgona trail would be less crowded, andwith unanimity went ashore there. Here the bargaining had to be startedall over again, this time for mules. Here also the demand far exceededthe supply, with the usual result of arrogance, indifference, and highprices. The difficult ride led at first through a dark deep wood in claysoil that held water in every depression, seamed with steep erodedravines and diversified by low passes over projecting spurs of a chainof mountains. There the monkeys and parrots furnished the tropicalatmosphere, assisted somewhat by innumerable dead mules along the trail. Vultures sat in every tree waiting for more things to happen. The trailwas of the consistency of very thick mud. In this mud the first mulehad naturally left his tracks; the next mules trod carefully in thefirst mule's footprints, and all subsequent mules did likewise. Theconsequence was a succession of narrow deep holes in the clay into whichan animal sank half-way to the shoulder. No power was sufficient to makethese mules step anywhere else. Each hole was full of muddy water. Whenthe mule inserted his hoof, water spurted out violently as though from asquirt-gun. Walking was simply impossible. 

All this was merely adventure for the young, strong, and healthy; butthe terrible part of the Panama Trail was the number of victims claimedby cholera and fever. The climate and the unwonted labor brought to thepoint of exhaustion men unaccustomed to such exertions. They lay flat bythe trail as though dead. Many actually did die either from the junglefever or the yellow-jack. The universal testimony of the times is thatthis horseback journey seemed interminable; and many speak of beingimmensely cheered when their Indian stopped, washed his feet in awayside mudhole, and put on his pantaloons. That indicated theproximity, at last, of the city of Panama. 

It was a quaint old place. The two-story wooden houses with corridorand verandah across the face of the second story, painted in brightcolors, leaned crazily out across the streets. Narrow and mysteriousalleys led between them. Ancient cathedrals and churches stood gray withage before the grass-grown plazas. In the outskirts were massive masonryruins of great buildings, convents, and colleges, some of which hadnever been finished. The immense blocks lay about the ground inconfusion, covered by thousands of little plants, or soared against thesky in broken arches and corridors. But in the body of the town, the oldpicturesque houses had taken on a new and temporary smartness whichconsisted mostly of canvas signs. The main street was composed ofhotels, eating-houses, and assorted hells. At times over a thousand menwere there awaiting transportation. Some of them had been waiting a longtime, and had used up all their money. They were broke and desperate. Anumber of American gambling-houses were doing business, and of coursethe saloons were much in evidence. Foreigners kept two of the threehotels; Americans ran the gambling joints; French and Germans kept therestaurants. The natives were content to be interested but not entirelyidle spectators. There was a terrible amount of sickness aggravated byAmerican quack remedies. Men rejoiced or despaired according to theirdispositions. Every once in a while a train of gold bullion would startback across the Isthmus with mule-loads of huge gold bars, so heavy thatthey were safe, for no one could carry them off to the jungle. On theother hand there were some returning Californians, drunken and wretched. They delighted in telling with grim joy of the disappointments of thediggings. But probably the only people thoroughly unhappy were thesteamship officials. These men had to bear the brunt of disappointment, broken promises, and savage recrimination, if means for going north werenot very soon forthcoming. Every once in a while some ship, probably anold tub, would come wallowing to anchor at the nearest point, someeleven miles from the city. Then the raid for transportation took placeall over again. There was a limited number of small boats for carryingpurposes, and these were pounced on at once by ten times the number theycould accommodate. Ships went north scandalously overcrowded andunderprovisioned. Mutinies were not infrequent. It took a good captainto satisfy everybody, and there were many bad ones. Some men got sodesperate that, with a touching ignorance of geography, they actuallystarted out in small boats to row to the north. Others attempted theoverland route. It may well be believed that the reaction from all thisdisappointment and delay lifted the hearts of these argonauts when theyeventually sailed between the Golden Gates. 

This confusion, of course, was worse at the beginning. Later the journeywas to some extent systematized. The Panama route subsequently becamethe usual and fashionable way to travel. The ship companies learned howto handle and treat their patrons. In fact, it was said that everyjewelry shop in San Francisco carried a large stock of fancy silverspeaking-trumpets because of the almost invariable habit of presentingone of these to the captain of the ship by his grateful passengers. Onecaptain swore that he possessed eighteen of them!

CHAPTER VIII

THE DIGGINGS

The two streams of immigrants, by sea and overland, thus differed, onthe average, in kind. They also landed in the country at differentpoints. The overlanders were generally absorbed before they reached SanFrancisco. They arrived first at Fort Sutter, whence they distributedthemselves; or perhaps they even stopped at one or another of thediggings on their way in. 

Of those coming by sea all landed at San Francisco. A certain proportionof the younger and more enthusiastic set out for the mines, but onlyafter a few days had given them experience of the new city and hadimpressed them with at least a subconscious idea of opportunity. Anothercertain proportion, however, remained in San Francisco withoutattempting the mines. These were either men who were discouraged bypessimistic tales, men who had sickened of the fever, or more often menwho were attracted by the big opportunities for wealth which the citythen afforded. Thus at once we have two different types to consider, theminer and the San Franciscan. 

The mines were worked mostly by young men. They journeyed up to thepresent Sacramento either by river-boats or afoot. Thence they tooktheir outfits into the diggings. It must have seemed a good deal like apicnic. The goal was near; rosy hope had expanded to fill the horizon;breathless anticipation pervaded them--a good deal like a hunting-partystarting off in the freshness of the dawn. 

The diggings were generally found at the bottoms of the deep river-bedsand ravines. Since trails, in order to avoid freshets and too manycrossings of the water-courses, took the higher shoulder of the hill, the newcomer ordinarily looked down upon his first glimpse of the mines. The sight must have been busy and animated. The miners dressed inbright-colored garments, and dug themselves in only to the waist or atmost to the shoulders before striking bed rock, so that they werevisible as spots of gaudy color. The camps were placed on the hillsidesor little open flats, and occasionally were set in the bed of a river. They were composed of tents, and of rough log or bark structures. 

The newcomers did not spend much time in establishing themselvescomfortably or luxuriously. They were altogether too eager to get at theactual digging. There was an immense excitement of the gamble in it all. A man might dig for days without adequate results and then of a suddenrun into a rich pocket. Or he might pan out an immense sum within thefirst ten minutes of striking his pick to earth. No one could tell. Thefact that the average of all the days and all the men amounted to verylittle more than living wages was quite lost to sight. At first themethods were very crude. One man held a coarse screen of willow brancheswhich he shook continuously above an ordinary cooking pot, while hispartner slowly shovelled earth over this impromptu sieve. When the potswere filled with siftings, they were carried to the river, where theywere carefully submerged, and the contents were stirred about withsticks. The light earth was thus flowed over the rims of the pots. Theresidue was then dried, and the lighter sand was blown away. The resultwas gold, though of course with a strong mixture of foreign substance. The pan miners soon followed; and the cradle or rocker with itsriffle-board was not long delayed. The digging was free. At first it wassupposed that a new holding should not be started within fifteen feet ofone already in operation. Later, claims of a definite size wereestablished. A camp, however, made its own laws in regard to this andother matters. 

Most of the would-be miners at first rather expected to find gold lyingon the surface of the earth, and were very much disappointed to learnthat they actually had to dig for it. Moreover, digging in the bouldersand gravel, under the terrific heat of the California sun in midsummer, was none too easy; and no matter how rich the diggings averaged--shortof an actual bonanza--the miner was disappointed in his expectations. One man is reported saying: "They tell me I can easily make there elevenhundred dollars a day. You know I am not easily moved by such reports. Ishall be satisfied if I make three hundred dollars per day. " Travelersof the time comment on the contrast between the returning stream ofdiscouraged and disgruntled men and the cheerfulness of the lot actuallydigging. Nobody had any scientific system to go on. Often a divining-rodwas employed to determine where to dig. Many stories were current ofaccidental finds; as when one man, tiring of waiting for his dog to getthrough digging out a ground squirrel, pulled the animal out by thetail, and with it a large nugget. Another story is told of a sailor whoasked some miners resting at noon where he could dig and as a joke wasdirected to a most improbable side hill. He obeyed the advice, anduncovered a rich pocket. With such things actually happening, naturallyit followed that every report of a real or rumored strike set the minerscrazy. Even those who had good claims always suspected that they mightdo better elsewhere. It is significant that the miners of that day, likehunters, always had the notion that they had come out to California justone trip too late for the best pickings. 

The physical life was very hard, and it is no wonder that the stragglersback from the mines increased in numbers as time went on. It was a truecase of survival of the fittest. Those who remained and becameprofessional miners were the hardiest, most optimistic, and mostpersistent of the population. The mere physical labor was very severe. Any one not raised as a day laborer who has tried to do a hard day'swork in a new garden can understand what pick and shovel digging in thebottoms of gravel and boulder streams can mean. Add to this the factthat every man overworked himself under the pressure of excitement; thathe was up to his waist in the cold water from the Sierra snows, with hishead exposed at the same time to the tremendous heat of the Californiasun; throw in for good measure that he generally cooked for himself, andthat his food was coarse and badly prepared; and that in his own mind hehad no time to attend to the ordinary comforts and decencies of life. Itcan well be imagined that a man physically unfit must soon succumb. Butthose who survived seemed to thrive on these hardships. 

California camps by their very quaint and whimsical names bear testimonyto the overflowing good humor and high spirits of the early miners. Noone took anything too seriously, not even his own success or failure. The very hardness of the life cultivated an ability to snatch joy fromthe smallest incident. Some of the joking was a little rough, as whensome merry jester poured alcohol over a bully's head, touched a match toit, and chased him out of camp yelling, "Man on fire--put him out!" Itis evident that the time was not one for men of very refined orsensitive nature, unless they possessed at bottom the strong iron ofcharacter. The ill-balanced were swept away by the current ofexcitement, and fell readily into dissipation. The pleasures were rude;the life was hearty; vices unknown to their possessors came to thesurface. The most significant tendency, and one that had much to do withlater social and political life in California, was the leveling effectof just this hard physical labor. The man with a strong back and themost persistent spirit was the superior of the man with education butwith weaker muscles. Each man, finding every other man compelled tolabor, was on a social equality with the best. The usual superiority ofhead-workers over hand-workers disappeared. The low-grade man thus felthimself the equal, if not the superior, of any one else on earth, especially as he was generally able to put his hand on what were to himcomparative riches. The pride of employment disappeared completely. Itwas just as honorable to be a cook or a waiter in a restaurant as todispense the law, --where there was any. The period was brief, but whileit lasted, it produced a true social democracy. Nor was there anypretense about it. The rudest miner was on a plane of perfect equalitywith lawyers, merchants, or professional men. Some men dressed in thevery height of style, decking themselves out with all the minute care ofa dandy; others were not ashamed of, nor did they object to being seenin, ragged garments. No man could be told by his dress. 

The great day of days in a mining-camp was Sunday. Someover-enthusiastic fortune-seekers worked the diggings also on that day;but by general consent--uninfluenced, it may be remarked, by religiousconsiderations--the miners repaired to their little town for amusementand relaxation. These little towns were almost all alike. There wereusually two or three combined hotels, saloons, and gambling-houses, built of logs, of slabs, of canvas, or of a combination of the three. There was one store that dispensed whiskey as well as dryer goods, andone or two large places of amusement. On Sunday everything went fullblast. The streets were crowded with men; the saloons were wellpatronized; the gambling games ran all day and late into the night. Wrestling-matches, jumping-matches, other athletic tests, horse-races, lotteries, fortune-telling, singing, anything to get a pinch or two ofthe dust out of the good-natured miners--all these were going strong. The American, English, and other continentals mingled freely, with theexception of the French, who kept to themselves. Successful Germans orHollanders of the more stupid class ran so true to type and were sonumerous that they earned the generic name of "Dutch Charley. " They havebeen described as moon-faced, bland, bullet-headed men, with walrusmoustaches, and fatuous, placid smiles. Value meant nothing to them. They only knew the difference between having money and having no money. They carried two or three gold watches at the end of long home-madechains of gold nuggets fastened together with links of copper wire. Thechains were sometimes looped about their necks, their shoulders, andwaists, and even hung down in long festoons. When two or three suchDutch Charleys inhabited one camp, they became deadly rivals in thischildlike display, parading slowly up and down the street, castingmalevolent glances at each other as they passed. Shoals ofphrenologists, fortune-tellers, and the like, generally drunken oldreprobates on their last legs, plied their trades. One artist, givingout under the physical labor of mining, built up a remarkably profitabletrade in sketching portraits. Incidentally he had to pay two dollarsand a half for every piece of paper! John Kelly, a wandering minstrelwith a violin, became celebrated among the camps, and was greeted withenthusiasm wherever he appeared. He probably made more with his fiddlethan he could have made with his shovel. The influence of the "forty-twocaliber whiskey" was dire, and towards the end of Sunday the sportsbecame pretty rough. 

This day was also considered the time for the trial of any cases thathad arisen during the week. The miners elected one of their number toact as presiding judge in a "miners' meeting. " Justice was dealt out bythis man, either on his own authority with the approval of the crowd, orby popular vote. Disputes about property were adjudicated as well asoffenses against the criminal code. Thus a body of precedent was slowlybuilt up. A new case before the _alcalde_ of Hangtown was often decidedon the basis of the procedure at Grub Gulch. The decisions werecharacterized by direct common sense. It would be most interesting togive adequate examples here, but space forbids. Suffice it to say that aMexican horse-thief was convicted and severely flogged; and then acollection was taken up for him on the ground that he was on the wholeunfortunate. A thief apprehended on a steamboat was punished by a heavyfine for the benefit of a sick man on board. 

Sunday evening usually ended by a dance. As women were entirely lackingat first, a proportion of the men was told off to represent the fairsex. At one camp the invariable rule was to consider as ladies those whopossessed patches on the seats of their trousers. This was thedistinguishing mark. Take it all around, the day was one of noisy, good-humored fun. There was very little sodden drunkenness, and theminers went back to their work on Monday morning with freshened spirits. Probably just this sort of irresponsible ebullition was necessary tobalance the hardness of the life. 

In each mining-town was at least one Yankee storekeeper. He made thereal profits of the mines. His buying ability was considerable; hisbuying power was often limited by what he could get hold of at the coastand what he could transport to the camps. Often his consignments werequite arbitrary and not at all what he ordered. The story is told of oneman who received what, to judge by the smell, he thought was threebarrels of spoiled beef. Throwing them out in the back way, he wasinterested a few days later to find he had acquired a rapidly increasingflock of German scavengers. They seemed to be investigating the barrelsand carrying away the spoiled meat. When the barrels were about empty, the storekeeper learned that the supposed meat was in realitysauerkraut!

The outstanding fact about these camps was that they possessed nosolidarity. Each man expected to exploit the diggings and then to departfor more congenial climes. He wished to undertake just as littleresponsibility as he possibly could. With so-called private affairsother than his own he would have nothing to do. The term private affairswas very elastic, stretching often to cover even cool-blooded murder. When matters arose affecting the whole public welfare in which hehimself might possibly become interested, he was roused to the point ofadministering justice. The punishments meted out were fines, flogging, banishment, and, as a last resort, lynching. Theft was considered aworse offense than killing. As the mines began to fill up with the moredesperate characters who arrived in 1850 and 1851, the necessity forgovernment increased. At this time, but after the leveling effect ofuniversal labor had had its full effect, the men of personality, offorce and influence, began to come to the front. A fresh aristocracy ofability, of influence, of character was created. 

CHAPTER IX

THE URBAN FORTY-NINER

In popular estimation the interest and romance of the Forty-ninerscenter in gold and mines. To the close student, however, the truesignificance of their lives is to be found even more in the city of SanFrancisco. 

At first practically everybody came to California under the excitementof the gold rush and with the intention of having at least one try atthe mines. But though gold was to be found in unprecedented abundance, the getting of it was at best extremely hard work. Men fell sick both inbody and spirit. They became discouraged. Extravagance of hope oftenresulted, by reaction, in an equal exaggeration of despair. The pricesof everything were very high. The cost of medical attendance was almostprohibitory. Men sometimes made large daily sums in the placers; butnecessary expenses reduced their net income to small wages. Ryan givesthis account of an interview with a returning miner: "He readily enteredinto conversation and informed us that he had passed the summer at themines where the excessive heat during the day, and the dampness of theground where the gold washing is performed, together with privation andfatigue, had brought on fever and ague which nearly proved fatal to him. He had frequently given an ounce of gold for the visit of a medical man, and on several occasions had paid two and even three ounces for a singledose of medicine. He showed us a pair of shoes, nearly worn out, forwhich he had paid twenty-four dollars. " Later Ryan says: "Only such menas can endure the hardship and privation incidental to life in the minesare likely to make fortunes by digging for the ore. I am unequal to thetask ... I think I could within an hour assemble in this very place fromtwenty to thirty individuals of my own acquaintance who had all told thesame story. They were thoroughly dissatisfied and disgusted with theirexperiment in the gold country. The truth of the matter is that onlytraders, speculators, and gamblers make large fortunes. " Only rarely didmen of cool enough heads and far enough sight eschew from the verybeginning all notion of getting rich quickly in the placers, anddeliberately settle down to make their fortunes in other ways. 

This conclusion of Ryan's throws, of course, rather too dark a tone overthe picture. The "hardy miner" was a reality, and the life in theplacers was, to such as he, profitable and pleasant. However, this pointof view had its influence in turning back from the mines a very largeproportion of those who first went in. Many of them drifted intomercantile pursuits. Harlan tells us: "During my sojourn in Stockton Imixed freely with the returning and disgusted miners from whom I learnedthat they were selling their mining implements at ruinously low prices. An idea struck me one day which I immediately acted upon for fear thatanother might strike in the same place and cause an explosion. Theheaven-born idea that had penetrated my cranium was this: start in themercantile line, purchase the kits and implements of the returningminers at low figures and sell to the greenhorns en route to the minesat California prices. " In this manner innumerable occupations supplyingthe obvious needs were taken up by many returned miners. A certainproportion drifted to crime or shady devices, but the large majorityreturned to San Francisco, whence they either went home completelydiscouraged, or with renewed energy and better-applied ability took holdof the destinies of the new city. Thus another sort of Forty-ninerbecame in his way as significant and strong, as effective and asromantic as his brother, the red-shirted Forty-niner of the diggings. 

But in addition to the miners who had made their stakes, who had givenup the idea of mining, or who were merely waiting for the winter's rainsto be over to go back again to the diggings, an ever increasingimmigration was coming to San Francisco with the sole idea of settlingin that place. All classes of men were represented. Many of the bigmercantile establishments of the East were sending out their agents. Independent merchants sought the rewards of speculation. Gamblers alsoperceived opportunities for big killings. Professional politicians andcheap lawyers, largely from the Southern States, unfortunately also sawtheir chance to obtain standing in a new community, having lost allstanding in their own. The result of the mixing of these variouschemical elements of society was an extraordinary boiling and bubbling. 

When Commander Montgomery hoisted the American flag in 1846, the town ofYerba Buena, as San Francisco was called, had a population of about twohundred. Before the discovery of gold it developed under the influenceof American enterprise normally and rationally into a prosperous littletown with two hotels, a few private dwellings, and two wharves in theprocess of construction. Merchants had established themselves withconnections in the Eastern States, in Great Britain, and South America. Just before the discovery of gold the population had increased to eighthundred and twelve. 

The news of the placers practically emptied the town. It would becurious to know exactly how many human souls and chickens remained afterBrannan's _California Star_ published the authentic news. The commonestnecessary activities were utterly neglected, shops were closed andbarricaded, merchandise was left rotting on the wharves and the beaches, and the prices of necessities rose to tremendous altitudes. The placelooked as a deserted mining-camp does now. The few men left who wouldwork wanted ten or even twenty dollars a day for the commonest labor. 

However, the early pioneers were hard-headed citizens. Many of theshopkeepers and merchants, after a short experience of the mines, hurried back to make the inevitable fortune that must come to themiddleman in these extraordinary times. Within the first eight weeks ofthe gold excitement two hundred and fifty thousand dollars in gold dustreached San Francisco, and within: the following eight weeks six hundredthousand dollars more came in. All of this was to purchase supplies atany price for the miners. 

This was in the latter days of 1848. In the first part of 1849 theimmigrants began to arrive. They had to have places to sleep, things toeat, transportation to the diggings, outfits of various sorts. In thefirst six months of 1849 ten thousand people piled down upon the littlecity built to accommodate eight hundred. And the last six months of theyear were still more extraordinary, as some thirty thousand more dumpedthemselves on the chaos of the first immigration. The result can beimagined. The city was mainly of canvas either in the form of tents orof crude canvas and wooden houses. The few substantial buildings stoodlike rocks in a tossing sea. No attempt, of course, had been made asyet toward public improvements. The streets were ankle-deep in dust orneck-deep in mud. A great smoke of dust hung perpetually over the city, raised by the trade winds of the afternoon. Hundreds of ships lay atanchor in the harbor. They had been deserted by their crews, and, beforethey could be re-manned, the faster clipper ships, built to control thefluctuating western trade, had displaced them, so that the majority werefated never again to put to sea. 

Newcomers landed at first on a flat beach of deep black sand, where theygenerally left their personal effects for lack of means oftransportation. They climbed to a ragged thoroughfare of open sheds andramshackle buildings, most of them in the course of construction. Beneath crude shelters of all sorts and in great quantities were goodsbrought in hastily by eager speculators on the high prices. The fourhundred deserted ships lying at anchor in the harbor had dumped down onthe new community the most ridiculous assortment of necessities andluxuries, such as calico, silk, rich furniture, mirrors, knock-downhouses, cases and cases of tobacco, clothing, statuary, mining-implements, provisions, and the like. 

The hotels and lodging houses immediately became very numerous. Thoughthey were in reality only overcrowded bunk-houses, the most enormousprices were charged for beds in them. People lay ten or twenty in asingle room--in row after row of cots, in bunks, or on the floor. Between the discomfort of hard beds, fleas, and overcrowding, the entirepopulace spent most of its time on the street or in the saloons andgambling, houses. As some one has pointed out, this custom added greatlyto the apparent population of the place. Gambling was the gaudiest, thebest-paying, and the most patronized industry. It occupied the largeststructures, and it probably imported and installed the first luxuries. Of these resorts the El Dorado became the most famous. It occupied atfirst a large tent but soon found itself forced to move to betterquarters. The rents paid for buildings were enormous. Three thousanddollars a month in advance was charged for a single small store made ofrough boards. A two-story frame building on Kearny Street near the Plazapaid its owners a hundred and twenty thousand dollars a year rent. Thetent containing the El Dorado gambling saloon was rented for fortythousand dollars a year. The prices sky-rocketed still higher. Minerspaid as high as two hundred dollars for an ordinary gold rocker, fifteenor twenty dollars for a pick, the same for a shovel, and so forth. Acopper coin was considered a curiosity, a half-dollar was the minimumtip for any small service, twenty-five cents was the smallest coin incirculation, and the least price for which anything could be sold. Breadcame to fifty cents a loaf. Good boots were a hundred dollars. 

Affairs moved very swiftly. A month was the unit of time. Nobody madebargains for more than a month in advance. Interest was charged on moneyby the month. Indeed, conditions changed so fast that no man pretendedto estimate them beyond thirty days ahead, and to do even that wasconsidered rather a gamble. Real estate joined the parade of advance. Little holes in sand-hills sold for fabulous prices. The sick, destitute, and discouraged were submerged beneath the mounting tide ofvigorous optimism that bore on its crest the strong and able members ofthe community. Every one either was rich or expected soon to be so. Opportunity awaited every man at every corner. Men who knew how to takeadvantage of fortune's gifts were assured of immediate high returns. Those with capital were, of course, enabled to take advantage of theopportunities more quickly; but the ingenious mind saw its chances evenwith nothing to start on. 

One man, who landed broke but who possessed two or three dozen oldnewspapers used as packing, sold them at a dollar and two dollars apieceand so made his start. Another immigrant with a few packages of ordinarytin tacks exchanged them with a man engaged in putting up a canvas housefor their exact weight in gold dust. Harlan tells of walking along theshore of Happy Valley and finding it lined with discarded pickle jarsand bottles. Remembering the high price of pickles in San Francisco, hegathered up several hundred of them, bought a barrel of cider vinegarfrom a newly-arrived vessel, collected a lot of cucumbers, and started abottling works. Before night, he said, he had cleared over three hundreddollars. With this he made a corner in tobacco pipes by which herealized one hundred and fifty dollars in twenty-four hours. 

Mail was distributed soon after the arrival of the mail-steamer. Theindigent would often sit up a day or so before the expected arrival ofthe mail-steamer holding places in line at the post-office. Theyexpected no letters but could sell the advantageous positions for highprices when the mail actually arrived. He was a poor-spirited man indeedwho by these and many other equally picturesque means could not raisehis gold slug in a reasonable time; and, possessed of fifty dollars, hewas an independent citizen. He could increase his capital by interestcompounded every day, provided he used his wits; or for a brief span ofglory he could live with the best of them. A story is told of a new-cometraveler offering a small boy fifty cents to carry his valise to thehotel. The urchin looked with contempt at the coin, fished out twofifty-cent pieces, handed them to the owner of the valise, saying"Here's a dollar; carry it yourself. "

One John A. McGlynn arrived without assets. He appreciated theopportunity for ordinary teaming, and hitching California mules to theonly and exceedingly decrepit wagon to be found he started in business. Possessing a monopoly, he charged what he pleased, so that within ashort time he had driving for him a New York lawyer, whom he paid ahundred and seventy-five dollars a month. His outfit was magnificent. When somebody joked with him about his legal talent, he replied, "Thewhole business of a lawyer is to know how to manage mules and asses soas to make them pay. " When within a month plenty of wagons wereimported, McGlynn had so well established himself and possessed so muchcharacter that he became _ex officio_ the head of the industry. He wasevidently a man of great and solid sense and was looked up to as one ofthe leading citizens. 

Every human necessity was crying out for its ordinary conveniences. There were no streets, there were no hotels, there were nolodging-houses, there were no warehouses, there were no stores, therewas no water, there was no fuel. Any one who could improvise anything, even a bare substitute, to satisfy any of these needs, was sure ofimmense returns. In addition, the populace was so busy--sooverwhelmingly busy--with its own affairs that it literally could notspare a moment to govern itself. The professional and daring politiciansnever had a clearer field. They went to extraordinary lengths in allsorts of grafting, in the sale of public real estate, in every"shenanigan" known to skillful low-grade politicians. Only occasionallydid they go too far, as when, in addition to voting themselves salariesof six thousand dollars apiece as aldermen, they coolly votedthemselves also gold medals to the value of one hundred and fiftydollars apiece "for public and extra services. " Then the determinedcitizens took an hour off for the council chambers. The medals were castinto the melting-pot. 

All writers agree, in their memoirs, that the great impression left onthe mind by San Francisco was its extreme busyness. The streets werealways crammed full of people running and darting in all directions. Itwas, indeed, a heterogeneous mixture. Not only did the Caucasian showhimself in every extreme of costume, from the most exquisite top-hatteddandy to the red-shirted miner, but there were also to be found all thepicturesque and unknown races of the earth, the Chinese, the Chileño, the Moor, the Turk, the Mexican, the Spanish, the Islander, not to speakof ordinary foreigners from Russia, England, France, Belgium, Germany, Italy, and the out-of-the-way corners of Europe. All these people hadtremendous affairs to finish in the least possible time. And every oncein a while some individual on horseback would sail down the street atfull speed, scattering the crowd left and right. If any one remarkedthat the marauding individual should be shot, the excuse was alwaysoffered, "Oh, well, don't mind him. He's only drunk, " as if thatexcused everything. Many of the activities of the day also werepicturesque. As there were no warehouses in which to store goods, and asthe few structures of the sort charged enormous rentals, it was cheaperto auction off immediately all consignments. These auctions were then, and remained for some years, one of the features of the place. The morepretentious dealers kept brass bands to attract the crowd. The returningminers were numerous enough to patronize both these men and the cheapclothing stores, and having bought themselves new outfits, generallycast the old ones into the middle of the street. Water was exceedinglyscarce and in general demand, so that laundry work was high. It was thefashion of these gentry to wear their hair and beards long. They sportedred shirts, flashy Chinese scarves around their waists, black belts withsilver buckles, six-shooters and bowie-knives, and wide floppy hats. 

The business of the day over, the evening was open for relaxation. Asthe hotels and lodging-houses were nothing but kennels, and very crowdedkennels, it followed that the entire population gravitated to thesaloons and gambling places. Some of these were established on a veryextensive scale. They had not yet attained the magnificence of theFifties, but it is extraordinary to realize that within so few monthsand at such a great distance from civilization, the early andenterprising managed to take on the trappings of luxury. Even thusearly, plate-glass mirrors, expensive furniture, the gaudy, tremendousoil paintings peculiar to such dives, prism chandeliers, and the like, had made their appearance. Later, as will be seen, these gambling denspresented an aspect of barbaric magnificence, unique and peculiar to thetime and place. In 1849, however gorgeous the trappings might haveappeared to men long deprived of such things, they were of smallimportance compared with the games themselves. At times the bets wereenormous. Soulé tells us that as high as twenty thousand dollars wererisked on the turn of one card. The ordinary stake, however, was not solarge, from fifty cents to five dollars being about the usual amount. Even at this the gamblers were well able to pay the high rents. Quickaction was the word. The tables were always crowded and bystanders manydeep waited to lay their stakes. Within a year or so the gamblingresorts assumed rather the nature of club-rooms, frequented by everyclass, many of whom had no intention of gambling. Men met to talk, readthe newspapers, write letters, or perhaps take a turn at the tables. Butin 1849 the fever of speculation held every man in its grip. 

Again it must be noted how wide an epoch can be spanned by a month ortwo. The year 1849 was but three hundred and sixty-five days long, andyet in that space the community of San Francisco passed through severaldistinct phases. It grew visibly like the stalk of a century plant. 

Of public improvements there were almost none. The few that wereundertaken sprang from absolute necessity. The town got through thesummer season fairly well, but, as the winter that year proved to be anunusually rainy time, it soon became evident that something must bedone. The streets became bottomless pits of mud. It is stated, as plainand sober fact, that in some of the main thoroughfares teams of mulesand horses sank actually out of sight and were suffocated. Foot travelwas almost impossible unless across some sort of causeway. Lumber was soexpensive that it was impossible to use it for the purpose. Fabulousquantities of goods sent in by speculators loaded the market and wouldsell so low that it was actually cheaper to use bales of them than touse planks. Thus one muddy stretch was paved with bags of Chilean flour, another with tierces of tobacco, while over still another the wayfarersproceeded on the tops of cook stoves. These sank gradually in the softsoil until the tops were almost level with the mud. Of course one of thefirst acts of the merry jester was to shy the stove lids off into space. The footing especially after dark can be imagined. Crossing a street onthese things was a perilous traverse watched with great interest byspectators on either side. Often the hardy adventurer, after teeteringfor some time, would with a descriptive oath sink to his waist in theslimy mud. If the wayfarer was drunk enough, he then proceeded to pelthis tormentors with missiles of the sticky slime. The good humor of thecommunity saved it from absolute despair. Looked at with cold appraisingeye, the conditions were decidedly uncomfortable. In addition there wasa grimmer side to the picture. Cholera and intermittent fever came, brought in by ships as well as by overland immigrants, and thedeath-rate rose by leaps and bounds. 

The greater the hardships and obstacles, the higher the spirit of thecommunity rose to meet them. In that winter was born the spirit that hasanimated San Francisco ever since, and that so nobly and cheerfully metthe final great trial of the earthquake and fire of 1906. 

About this time an undesirable lot of immigrants began to arrive, especially from the penal colonies of New South Wales. The criminals ofthe latter class soon became known to the populace as "Sydney Ducks. "They formed a nucleus for an adventurous, idle, pleasure-loving, dissipated set of young sports, who organized themselves into a looseband very much on the order of the East Side gangs in New York or the"hoodlums" in later San Francisco, with the exception, however, thatthese young men affected the most meticulous nicety in dress. Theyperfected in the spring of 1849 an organization called the Regulators, announcing that, as there was no regular police force, they would takeit upon themselves to protect the weak against the strong and thenewcomer against the bunco man. Every Sunday they paraded the streetswith bands and banners. Having no business in the world to occupy them, and holding a position unique in the community, the Regulators soondeveloped into practically a band of cut-throats and robbers, with theobject of relieving those too weak to bear alone the weight of wealth. The Regulators, or Hounds, as they soon came to be called, had the greatwisdom to avoid the belligerent and resourceful pioneer. They issuedfrom their headquarters, a large tent near the Plaza, every night. Armedwith clubs and pistols, they descended upon the settlements of harmlessforeigners living near the outskirts, relieved them of what gold dustthey possessed, beat them up by way of warning, and returned toheadquarters with the consciousness of a duty well done. The victimsfound it of little use to appeal to the _alcalde_, for with the bestdisposition in the world the latter could do nothing without an adequatepolice force. The ordinary citizen, much too interested in his ownaffairs, merely took precautions to preserve his own skin, avoided darkand unfrequented alleyways, barricaded his doors and windows, and tookthe rest out in contemptuous cursing. 

Encouraged by this indifference, the Hounds naturally grew bolder andbolder. They considered they had terrorized the rest of the community, and they began to put on airs and swagger in the usual manner of bullieseverywhere. On Sunday afternoon of July 15, they made a raid on someCalifornia ranchos across the bay, ostensibly as a picnic expedition, returning triumphant and very drunk. For the rest of the afternoon withstreaming banners they paraded the streets, discharging firearms andgenerally shooting up the town. At dark they descended upon the Chileanquarters, tore down the tents, robbed the Chileans, beat many of the mento insensibility, ousted the women, killed a number who had not alreadyfled, and returned to town only the following morning. 

This proved to be the last straw. The busy citizens dropped their ownaffairs for a day and got together in a mass meeting at the Plaza. Allwork was suspended and all business houses were closed. Probably all theinhabitants in the city with the exception of the Hounds had gatheredtogether. Our old friend, Sam Brannan, possessing the gift of a fieryspirit and an arousing tongue, addressed the meeting. A sum of money wasraised for the despoiled foreigners. An organization was effected, andarmed _posses_ were sent out to arrest the ringleaders. They had littledifficulty. Many left town for foreign parts or for the mines, wherethey met an end easily predicted. Others were condemned to variouspunishments. The Hounds were thoroughly broken up in an astonishinglybrief time. The real significance of their great career is that theycalled to the attention of the better class of citizens the necessityfor at least a sketchy form of government and a framework of law. Suchmatters as city revenue were brought up for practically the first time. Gambling-houses were made to pay a license. Real estate, auction sales, and other licenses were also taxed. One of the ships in the harbor wasdrawn up on shore and was converted into a jail. A district-attorney waselected, with an associate. The whole municipal structure was stillabout as rudimentary as the streets into which had been thrown armfulsof brush in a rather hopeless attempt to furnish an artificial bottom. It was a beginning, however, and men had at last turned their eyes evenmomentarily from their private affairs to consider the welfare of thisunique society which was in the making. 

CHAPTER X

ORDEAL BY FIRE

San Francisco in the early years must be considered, aside from theinterest of its picturesqueness and aside from its astonishing growth, as a crucible of character. Men had thrown off all moral responsibility. Gambling, for example, was a respectable amusement. People in everyclass of life frequented the gambling saloons openly and without thoughtof apology. Men were leading a hard and vigorous life; the reactionswere quick; and diversions were eagerly seized. Decent women wereabsolutely lacking, and the women of the streets had as usual followedthe army of invasion. It was not considered at all out of the ordinaryto frequent their company in public, and men walked with them by day tothe scandal of nobody. There was neither law nor restraint. Most menwere drunk with sudden wealth. The battle was, as ever, to the strong. 

There was every inducement to indulge the personal side of life. As aconsequence, many formed habits they could not break, spent all of theirmoney on women and drink and gambling, ruined themselves in pocket-bookand in health, returned home broken, remained sodden and hopelesstramps, or joined the criminal class. Thousands died of cholera orpneumonia; hundreds committed suicide; but those who came through formedthe basis of a race remarkable today for its strength, resourcefulness, and optimism. Characters solid at bottom soon come to the inevitablereaction. They were the forefathers of a race of people which iscertainly different from the inhabitants of any other portion of thecountry. 

The first public test came with the earliest of the big fires that, within the short space of eighteen months, six times burned SanFrancisco to the ground. This fire occurred on December 4, 1849. It wascustomary in the saloons to give negroes a free drink and tell them notto come again. One did come again to Dennison's; he was flogged, andknocked over a lamp. Thus there started a conflagration that consumedover a million dollars' worth of property. The valuable part of theproperty, it must be confessed, was in the form of goods, is the lightcanvas and wooden shacks were of little worth. Possibly the fireconsumed enough germs and germ-breeding dirt to pay partially foritself. Before the ashes had cooled, the enterprising real estate ownerswere back reërecting the destroyed structures. 

This first fire was soon followed by others, each intrinsically severe. The people were splendid in enterprise and spirit of recovery; but theysoon realized that not only must the buildings be made of moresubstantial material, but also that fire-fighting apparatus must bebought. In June, 1850, four hundred houses were destroyed; in May, 1851, a thousand were burned at a loss of two million and a half; in June, 1851, the town was razed to the water's edge. In many places the wharveswere even disconnected from the shore. Everywhere deep holes were burnedin them, and some people fell through at night and were drowned. In thisfire a certain firm, Dewitt and Harrison, saved their warehouse byknocking in barrels of vinegar and covering their building with blanketssoaked in that liquid. Water was unobtainable. It was reported that theythus used eighty thousand gallons of vinegar, but saved their warehouse. 

The loss now had amounted to something like twelve million dollars forthe large fires. It became more evident that something must be done. From the exigencies of the situation were developed the volunteercompanies, which later became powerful political, as well asfire-fighting, organizations. There were many of these. In the oldVolunteer Department there were fourteen engines, three hook-and-laddercompanies, and a number of hose companies. Each possessed its own house, which was in the nature of a club-house, well supplied with reading anddrinking matter. The members of each company were strongly partisan. They were ordinarily drawn from men of similar tastes and position inlife. Gradually they came to stand also for similar political interests, and thus grew to be, like New York's Tammany Hall, instruments of thepolitically ambitious. 

On an alarm of fire the members at any time of the day and night ceasedtheir occupation or leaped from their beds to run to the engine-house. Thence the hand-engines were dragged through the streets at a terrificrate of speed by hundreds of yelling men at the end of the ropes. Thefirst engine at a fire obtained the place of honor; therefore everyalarm was the signal for a breakneck race. Arrived at the scene of fire, the water-box of one engine was connected by hose with the reservoir ofthe next, and so water was relayed from engine to engine until it wasthrown on the flames. The motive power of the pump was supplied by thecrew of each engine. The men on either side manipulated the pump byjerking the hand-rails up and down. Putting out the fire soon became asecondary matter. The main object of each company was to "wash" itsrival; that is, to pump water into the water box of the engine aheadfaster than the latter could pump it out, thus overflowing and eternallydisgracing its crew. The foremen walked back and forth between therails, as if on quarter-decks, exhorting their men. Relays in uniformstood ready on either side to take the place of those who wereexhausted. As the race became closer, the foremen would get moreexcited, begging their crews to increase the speed of the stroke, beating their speaking trumpets into shapeless and battered relics. 

In the meantime the hook-and-ladder companies were plying their gloriousand destructive trade. A couple of firemen would mount a ladder to theeaves of the house to be attacked, taking with them a heavy hook at theend of a long pole or rope. With their axes they cut a small hole in theeaves, hooked on this apparatus, and descended. At once as many firemenand volunteers as could get hold of the pole and the rope began to pull. The timbers would crack, break; the whole side of the house would comeout with a grand satisfying smash. In this way the fire within was laidopen to the attack of the hose-men. This sort of work naturally didlittle toward saving the building immediately affected, but it wasintended to confine or check the fire within the area already burning. The occasion was a grand jubilation for every boy in the town--whichmeans every male of any age. The roar of the flames, the hissing of thesteam, the crash of the timber, the shrieks of the foremen, the yells ofapplause or of sarcastic comment from the crowd, and the thud of thenumerous pumps made a glorious row. Everybody, except the owners of thebuildings, was hugely delighted, and when the fire was all over it wascustomary for the unfortunate owner further to increase the amount ofhis loss by dealing out liquid refreshments to everybody concerned. Onparade days each company turned out with its machine brought to a highstate of polish by varnish, and with the members resplendent in uniform, carrying pole-axes and banners. If the rivalries at the fire could onlybe ended in a general free fight, everybody was the better satisfied. 

Thus by the end of the first period of its growth three necessities hadcompelled the careless new city to take thought of itself and of publicconvenience. The mud had forced the cleaning and afterwards the plankingof the principal roads; the Hounds had compelled the adoption of atleast a semblance of government; and the repeated fires had madenecessary the semiofficial organization of the fire department. 

By the end of 1850 we find that a considerable amount of actual progresshas been made. This came not in the least from any sense of civic pridebut from the pressure of stern necessity. The new city now had elevenwharves, for example, up to seventeen hundred feet in length. It haddone no little grading of its sand-hills. The quagmire of its streetshad been filled and in some places planked. Sewers had been installed. Flimsy buildings were being replaced by substantial structures, forwhich the stones in some instances were imported from China. 

Yet it must be repeated that at this time little or no progress sprangfrom civic pride. Each man was for himself. But, unlike the nativeCalifornian, he possessed wants and desires which had to be satisfied, and to that end he was forced, at least in essentials, to acceptresponsibility and to combine with his neighbors. 

The machinery of this early civic life was very crude. Even the firedepartment, which was by far the most efficient, was, as has beenindicated, more occupied with politics, rivalry, and fun, than with itsproper function. The plank roads were good as long as they remainedunworn, but they soon showed many holes, large and small, jagged, splintered, ugly holes going down into the depths of the mud. Many ofthese had been mended by private philanthropists; many more had beenlabeled with facetious signboards. There were rough sketches ofaccidents taken from life, and various legends such as "Head ofNavigation, " "No bottom, " "Horse and dray lost here, " "Take sounding, ""Storage room, inquire below, " "Good fishing for teal, " and the like. Asfor the government, the less said about that the better. Responsibilitywas still in embryo; but politics and the law, as an irritant, werehighly esteemed. The elections of the times were a farce and a holiday;nobody knew whom he was voting for nor what he was shouting for, but hevoted as often and shouted as loud as he could. Every American citizenwas entitled to a vote, and every one, no matter from what part of theworld he came, claimed to be an American citizen and defied any one toprove the contrary. Proof consisted of club, sling-shot, bowie, andpistol. A grand free fight was a refreshment to the soul. After "apleasant time by all was had, " the populace settled down and forgot allabout the officers whom it had elected. The latter went their own sweetway, unless admonished by spasmodic mass-meetings that some particularlyunscrupulous raid on the treasury was noted and resented. Most of therevenue was made by the sale of city lots. Scrip was issued in paymentof debt. This bore interest sometimes at the rate of six or eight percent a month. 

In the meantime, the rest of the crowd went about its own affairs. Then, as now, the American citizen is willing to pay a very high price indishonesty to be left free for his own pressing affairs. That does notmean that he is himself either dishonest or indifferent. When the pricesuddenly becomes too high, either because of the increase in dishonestyor the decrease in value of his own time, he suddenly refuses to pay. This happened not infrequently in the early days of California. 

CHAPTER XI

THE VIGILANTES OF '51

In 1851 the price for one commodity became too high. That commodity waslawlessness. 

In two years the population of the city had vastly increased, until itnow numbered over thirty thousand inhabitants. At an equal or greaterpace the criminal and lawless elements had also increased. Theconfessedly criminal immigrants were paroled convicts from Sydney andother criminal colonies. These practiced men were augmented by the weakand desperate from other countries. Mexico, especially, was stronglyrepresented. At first few in numbers and poverty-stricken in resources, these men acted merely as footpads, highwaymen, and cheap crooks. Astime went on, however, they gradually became more wealthy and powerful, until they had established a sort of caste. They had not the socialimportance of many of the "higher-ups" of 1856, but they were crude, powerful, and in many cases wealthy. They were ably seconded by a classof lawyers which then, and for some years later, infested the courts ofCalifornia. These men had made little success at law, or perhaps hadbeen driven forth from their native haunts because of evil practices. They played the game of law exactly as the cheap criminal lawyer doestoday, but with the added advantage that their activities werecontrolled neither by a proper public sentiment nor by the usualdiscipline of better colleagues. Unhappily we are not yet far enoughremoved from just this perversion to need further explanation of themethod. Indictments were fought for the reason that the murderer's namewas spelled wrong in one letter; because, while the accusation statedthat the murderer killed his victim with a pistol, it did not say thatit was by the discharge of said pistol; and so on. But patience couldnot endure forever. The decent element of the community was forced atlast to beat the rascals. Its apparent indifference had been onlypreoccupation. 

The immediate cause was the cynical and open criminal activity of anEnglishman named James Stuart. This man was a degenerate criminal ofthe worst type, who came into a temporary glory through what heconsidered the happy circumstances of the time. Arrested for one of hiscrimes, he seemed to anticipate the usual very good prospects ofescaping all penalties. There had been dozens of exactly similarincidents, but this one proved to be the spark to ignite a longgathering pile of kindling. One hundred and eighty-four of thewealthiest and most prominent men of the city formed themselves into asecret Committee of Vigilance. As is usual when anything of importanceis to be done, the busiest men of the community were summoned and put towork. Strangely enough, the first trial under this Committee ofVigilance resulted also in a divided jury. The mob of eight thousand ormore people who had gathered to see justice done by others than theappointed court finally though grumblingly acquiesced. The prisonerswere turned over to the regular authorities, and were eventuallyconvicted and sentenced. 

So far from being warned by this popular demonstration, the criminaloffenders grew bolder than ever. The second great fire, in May, 1851, was commonly believed to be the work of incendiaries. Patience ceasedto be a virtue. The time for resolute repression of crime had arrived. In June the Vigilance Committee was formally organized. Our old andpicturesque friend Sam Brannan was deeply concerned. In matters ofinitiative for the public good, especially where a limelight wasconcealed in the wing, Brannan was an able and efficient citizen. Headquarters were chosen and a formal organization was perfected. TheMonumental Fire Engine Company bell was to be tolled as a summons forthe Committee to meet. 

Even before the first meeting had adjourned, this signal was given. Acertain John Jenkins had robbed a safe and was caught after a long andspectacular pursuit. Jenkins was an Australian convict and was known tonumerous people as an old offender in many ways. He was thereforetypical of the exact thing the Vigilance Committee had been formed toprevent. By eleven o'clock the trial, which was conducted with duedecorum and formality, was over. Jenkins was adjudged guilty. There wasno disorder either before or after Jenkins's trial. Throughout the trialand subsequent proceedings Jenkins's manner was unafraid and arrogant. He fully expected not only that the nerve of the Committee would giveout, but that at any moment he would be rescued. It must be rememberedthat the sixty or seventy men in charge were known as peaceful unwarlikemerchants, and that against them were arrayed all the belligerentswashbucklers of the town. While the trial was going on, the Committeewas informed by its officers outside that already the roughestcharacters throughout the city had been told of the organization, andwere gathering for rescue. The prisoner insulted his captors, stillunconvinced that they meant business; then he demanded a clergyman, whoprayed for three-quarters of an hour straight, until Mr. Ryckman, hearing of the gathering for rescue, no longer contained himself. Saidhe: "Mr. Minister, you have now prayed three-quarters of an hour. I wantyou to bring this prayer business to a halt. I am going to hang this manin fifteen minutes. "

The Committee itself was by no means sure at all times. Bancroft tellsus that "one time during the proceedings there appeared some falteringon the part of the judges, or rather a hesitancy to take the lead inassuming responsibility and braving what might be subsequent odium. Itwas one thing for a half-drunken rabble to take the life of a fellowman, but quite another thing for staid church-going men of business todo it. Then it was that William A. Howard, after watching theproceedings for a few moments, rose, and laying his revolver on thetable looked over the assembly. Then with a slow enunciation he said, 'Gentlemen, as I understand it, we are going to hang somebody. ' Therewas no more halting. "

While these things were going on, Sam Brannan was sent out tocommunicate to the immense crowd the Committee's decision. He wasinstructed by Ryckman, "Sam, you go out and harangue the crowd while wemake ready to move. " Brannan was an ideal man for just such a purpose. He was of an engaging personality, of coarse fiber, possessed of a keensense of humor, a complete knowledge of crowd psychology, and a commandof ribald invective that carried far. He spoke for some time, and at theconclusion boldly asked the crowd whether or not the Committee's actionmet with its approval. The response was naturally very much mixed, butlike a true politician Sam took the result he wanted. They found thelovers of order had already procured for them two ropes, and hadgathered into some sort of coherence. The procession marched to thePlaza where Jenkins was duly hanged. The lawless element gathered at thestreet corners, and at least one abortive attempt at rescue was started. But promptness of action combined with the uncertainty of the situationcarried the Committee successfully through. The coroner's jury next daybrought in a verdict that the deceased "came to his death on the part ofan association styling themselves a Committee on Vigilance, of whom thefollowing members are implicated. " And then followed nine names. TheCommittee immediately countered by publishing its roster of one hundredand eighty names in full. 

The organization that was immediately perfected was complete andinteresting. This was an association that was banded together andclose-knit, and not merely a loose body of citizens. It hadheadquarters, company organizations, police, equipment, laws of its own, and a regular routine for handling the cases brought before it. Itspolice force was large and active. Had the Vigilance movement inCalifornia begun and ended with the Committee of 1851, it would be notonly necessary but most interesting to follow its activities in detail. But, as it was only the forerunner and trail-blazer for the greateractivities of 1856, we must save our space and attention for the latter. Suffice it to say that, with only nominal interference from the law, thefirst Committee hanged four people and banished a great many more forthe good of their country. Fifty executions in the ordinary way wouldhave had little effect on the excited populace of the time; but in thepeculiar circumstances these four deaths accomplished a moralregeneration. This revival of public conscience could not last long, tobe sure, but the worst criminals were, at least for the time being, cowed. 

Spasmodic efforts toward coherence were made by the criminals, but theseattempts all proved abortive. Inflammatory circulars and newspaperarticles, small gatherings, hidden threats, were all freely indulged in. At one time a rescue of two prisoners was accomplished, but theMonumental bell called together a determined band of men who had nogreat difficulty in reclaiming their own. The Governor of the State, secretly in sympathy with the purposes of the Committee, was satisfiedto issue a formal proclamation. 

It must be repeated that, were it not for the later larger movement of1856, this Vigilance Committee would merit more extended notice. Itgave a lead, however, and a framework on which the Vigilance Committeeof 1856 was built. It proved that the better citizens, if aroused, couldtake matters into their own hands. But the opposing forces of 1851 werevery different from those of five years later. And the transition fromthe criminal of 1851 to the criminal of 1856 is the history of SanFrancisco between those two dates. 

CHAPTER XII

SAN FRANCISCO IN TRANSITION

By the mid-fifties San Francisco had attained the dimensions of a city. Among other changes of public interest within the brief space of two orthree years were a hospital, a library, a cemetery, several churches, public markets, bathing establishments, public schools, tworace-courses, twelve wharves, five hundred and thirty-seven saloons, andabout eight thousand women of several classes. The population was nowabout fifty thousand. The city was now of a fairly substantialcharacter, at least in the down-town districts. There were manystructures of brick and stone. In many directions the sand-hills hadbeen conveniently graded down by means of a power shovel called theSteam Paddy in contradistinction to the hand Paddy, or Irishman with ashovel. The streets were driven straight ahead regardless of contours. It is related that often the inhabitants of houses perched on the sidesof the sand-hills would have to scramble to safety as their dwellingsrolled down the bank, undermined by some grading operation below. Awater system had been established, the nucleus of the present SpringValley Company. The streets had nearly all been planked, and privateenterprise had carried the plank toll-road even to the Mission district. The fire department had been brought to a high state of perfection. Theshallow waters of the bay were being filled up by the rubbish from thetown and by the débris from the operations of the Steam Paddies. Newstreets were formed on piles extended out into the bay. Houses wereerected, also on piles and on either side of these marine thoroughfares. Gradually the rubbish filled the skeleton framework. Occasionally oldships, caught by this seaward invasion, were built around, and so becameintegral parts of the city itself. 

The same insistent demand that led to increasing the speed of thevessels, together with the fact that it cost any ship from one hundredto two hundred dollars a day to lie at any of the wharves, developed anextreme efficiency in loading and unloading cargoes. Hittell says thatprobably in no port of the world could a ship be emptied as quickly asat San Francisco. For the first and last time in the history of theworld the profession of stevedore became a distinguished one. Inaddition to the overseas trade, there were now many ships, driven bysail or steam, plying the local routes. Some of the river steamboats hadactually been brought around the Horn. Their free-board had been raisedby planking-in the lower deck, and thus these frail vessels had sailedtheir long and stormy voyage--truly a notable feat. 

It did not pay to hold goods very long. Eastern shippers seemed, by acurious unanimity, to send out many consignments of the same scarcity. The result was that the high prices of today would be utterly destroyedby an oversupply of tomorrow. It was thus to the great advantage ofevery merchant to meet his ship promptly, and to gain knowledge as soonas possible of the cargo of the incoming vessels. For this purposesignal stations were established, rowboat patrols were organized, andmany other ingenious schemes was applied to the secret service of themercantile business. Both in order to save storage and to avoid thepossibility of loss from new shipments coming in, the goods wereauctioned off as soon as they were landed. 

These auctions were most elaborate institutions involving brass bands, comfortable chairs, eloquent "spielers, " and all the rest. They were afeature of the street life, which in turn had an interest all its own. The planking threw back a hollow reverberating sound from the variousvehicles. There seemed to be no rules of the road. Omnibuses careeredalong, every window rattling loudly; drays creaked and strained;non-descript delivery wagons tried to outrattle the omnibuses; horsemenpicked their way amid the mêlée. The din was described as somethingextraordinary--hoofs drumming, wheels rumbling, oaths and shouts, andfrom the sidewalk the blare and bray of brass bands before the variousauction shops. Newsboys and bootblacks darted in all directions. Cigarboys, a peculiar product of the time, added to the hubbub. Bootblackingstands of the most elaborate description were kept by French andItalians. The town was full of characters who delighted in their owneccentricities, and who were always on public view. One individualpossessed a remarkably intelligent pony who every morning, withoutguidance from his master, patronized one of the shoe-blacking stands toget his front hoofs polished. He presented each one in turn to thefoot-rest, and stood like a statue until the job was done. 

Some of the numberless saloons already showed signs of realmagnificence. Mahogany bars with brass rails, huge mirrors in giltframes, pyramids of delicate crystal, rich hangings, oil paintings ofdoubtful merit but indisputable interest, heavy chandeliers of glassprisms, the most elaborate of free lunches, skillful barkeepers whomixed drinks at arm's length, were common to all the better places. These things would not be so remarkable in large cities at the presenttime, but in the early Fifties, only three years after the tent stage, and thousands of miles from the nearest civilization, the enterprisethat was displayed seemed remarkable. The question of expense did notstop these early worthies. Of one saloonkeeper it is related that, desiring a punch bowl and finding that the only vessel of the sort was asoup-tureen belonging to a large and expensive dinner set, he bought thewhole set for the sake of the soup-tureen. Some of the more pretentiousplaces boasted of special attractions: thus one supported its ceiling oncrystal pillars; another had dashing young women to serve the drinks, though the mixing was done by men as usual; a third possessed a largemusical-box capable of playing several very noisy tunes; a fourth hadimported a marvelous piece of mechanism run by clockwork which exhibitedthe sea in motion, a ship tossing on the waves, on shore a windmill inaction, a train of cars passing over a bridge, a deer chased by hounds, and the like. 

But these bar-rooms were a totally different institution from thegambling resorts. Although gambling was not now considered the entirelyworthy occupation of a few years previous, and although some of thebetter citizens, while frequenting the gambling halls, still preferredto do their own playing in semi-private, the picturesqueness and gloryof these places had not yet been dimmed by any general populardisapproval. The gambling halls were not only places to risk one'sfortune, but they were also a sort of evening club. They usuallysupported a raised stage with footlights, a negro minstrel troop, or asinger or so. On one side elaborate bars of rosewood or mahogany ran theentire length, backed by big mirrors of French plate. The whole of thevery large main floor was heavily carpeted. Down the center generallyran two rows of gambling tables offering various games such as faro, keeno, roulette, poker, and the dice games. Beyond these tables, on theopposite side of the room from the bar, were the lounging quarters, withsmall tables, large easy-chairs, settees, and fireplaces. Decoration wasof the most ornate. The ceilings and walls were generally white with agreat deal of gilt. All classes of people frequented these places andwere welcomed there. Some were dressed in the height of fashion, andsome wore the roughest sort of miners' clothes--floppy old slouch hats, flannel shirts, boots to which the dried mud was clinging or from whichit fell to the rich carpet. All were considered on an equal plane. Theprofessional gamblers came to represent a type of their own, --weary, indifferent, pale, cool men, who had not only to keep track of the gameand the bets, but also to assure control over the crowd about them. Often in these places immense sums were lost or won; often in theseplaces occurred crimes of shooting and stabbing; but also into theseplaces came many men who rarely drank or gambled at all. They assembledto enjoy each other's company, the brightness, the music, and thesociable warmth. 

On Sunday the populace generally did one of two things: either itsallied out in small groups into the surrounding country on picnics orcelebrations at some of the numerous road-houses; or it swarmed out theplank toll-road to the Mission. To the newcomer the latter must havebeen much the more interesting. There he saw a congress of all thenations of the earth: French, Germans, Italians, Russians, Dutchmen, British, Turks, Arabs, Negroes, Chinese, Kanakas, Indians, the gorgeousmembers of the Spanish races, and all sorts of queer people to whom nohabitat could be assigned. Most extraordinary perhaps were the men fromthe gold mines of the Sierras. The miners had by now distinctlysegregated themselves from the rest of the population. They led ahardier, more laborious life and were proud of the fact. They attemptedgenerally to differentiate themselves in appearance from all the rest ofthe human race, and it must be confessed that they succeeded. The minerswere mostly young and wore their hair long, their beards rough; theywalked with a wide swagger; their clothes were exaggeratedly coarse, butthey ornamented themselves with bright silk handkerchiefs, feathers, flowers, with squirrel or buck tails in their hats, with long heavychains of nuggets, with glittering and prominently displayed pistols, revolvers, stilettos, knives, and dirks. Some even plaited their beardsin three tails, or tied their long hair under their chins; but no matterhow bizarre they made themselves, nobody on the streets of _blasé_ SanFrancisco paid the slightest attention to them. The Mission, which they, together with the crowd, frequented, was a primitive Coney Island. Bearpits, cockfights, theatrical attractions, side-shows, innumerable hotelsand small restaurants, saloons, races, hammer-striking, throwing ballsat negroes' heads, and a hundred other attractions kept the crowds busyand generally good-natured. If a fight arose, "it was, " as the Irishmansays, "considered a private fight, " and nobody else could get in it. Such things were considered matters for the individuals themselves tosettle. 

The great feature of the time was its extravagance. It did not matterwhether a man was a public servant, a private and respected citizen, orfrom one of the semi-public professions that cater to men's greed anddissipation, he acted as though the ground beneath his feet were solidgold. The most extravagant public works were undertaken without thoughtand without plan. The respectable women vied in the magnificence andostentation of their costumes with the women of the lower world. Theatrical attractions at high prices were patronized abundantly. Ballsof great magnificence were given almost every night. Private carriagesof really excellent appointment were numerous along the disreputableplanked roads or the sandy streets strewn with cans and garbage. 

The feverish life of the times reflected itself domestically. No livered-blooded man could be expected to spend his evenings reading a bookquietly at home while all the magnificent, splendid, seething life ofdown-town was roaring in his ears. All his friends would be out; all thenews of the day passed around; all the excitements of the eveningoffered themselves. It was too much to expect of human nature. Theconsequence was that a great many young wives were left alone, with theultimate result of numerous separations and divorces. The moral nucleusof really respectable society--and there was a noticeable one even atthat time--was overshadowed and swamped for the moment. Such a sociallife as this sounds decidedly immoral but it was really unmoral, withthe bright, eager, attractive unmorality of the vigorous child. In fact, in that society, as some one has expressed it, everything was condonedexcept meanness. 

It was the era of the grandiose. Even conversation reflected thischaracteristic. The myriad bootblacks had grand outfits and stands. Thecaptain of a ship offered ten dollars to a negro to act as his cook. Thenegro replied, "If you will walk up to my restaurant, I'll set you towork at twenty-five dollars immediately. " From men in such humblestations up to the very highest and most respected citizens the spiritof gambling, of taking chances, was also in the air. 

As has been pointed out, a large proportion of the city's wealth wasraised not from taxation but from the sale of its property. Under theheedless extravagance of the first government the municipal debt rose toover one million dollars. Since interest charged on this was thirty-sixper cent annually, it can be seen that the financial situation wasrather hopeless. As the city was even then often very short of funds, itpaid for its work and its improvements in certificates of indebtedness, usually called "scrip. " Naturally this scrip was held below par--acondition that caused all contractors and supply merchants to charge twoor three hundred per cent over the normal prices for their work andcommodities in order to keep even. And this practice, completing thevicious circle, increased the debt. An attempt was made to fund the citydebt by handing in the scrip in exchange for a ten per cent obligation. This method gave promise of success; but a number of holders of scriprefused to surrender it, and brought suit to enforce payment. One ofthese, a physician named Peter Smith, was owed a considerable sum forthe care of indigent sick. He obtained a judgment against the city, levied on some of its property, and proceeded to sell. The citycommissioners warned the public that titles under the Smith claim werenot legal, and proceeded to sell the property on their own account. Thespeculators bought claims under Peter Smith amounting to over twomillions of dollars at merely nominal rates. For example, one parcel ofcity lots sold at less than ten cents per lot. The prices were so absurdthat these sales were treated as a joke. The joke came in on the otherside, however, when the officials proceeded to ratify these sales. Thepublic then woke up to the fact that it had been fleeced. Enormousprices were paid for unsuitable property, ostensibly for the uses of thecity. After the money had passed, these properties were often declaredunsuitable and resold at reduced prices to people already determinedupon by the ring. 

Nevertheless commercially things went well for a time. The needs ofhundreds of thousands of newcomers, in a country where the manufactureswere practically nothing, were enormous. It is related that at firstlaundry was sent as far as the Hawaiian Islands. Every single commodityof civilized life, such as we understand it, had to be imported. Asthere was then no remote semblance of combination, either in restraintof or in encouragement of trade, it followed that the market mustfluctuate wildly. The local agents of eastern firms were oftenembarrassed and overwhelmed by the ill-timed consignments of goods. OneBoston firm was alleged to have sent out a whole shipload of women'sbonnets--to a community where a woman was one of the rarest sights to befound! Not many shipments were as silly as this, but the fact remainsthat a rumor of a shortage in any commodity would often be followed byrush orders on clipper ships laden to the guards with that same article. As a consequence the bottom fell out of the market completely, and theunfortunate consignee found himself forced to auction off the goods muchbelow cost. 

During the year 1854, the tide of prosperity began to ebb. A dry seasoncaused a cessation of mining in many parts of the mountains. Of courseit can be well understood that the immense prosperity of the city, theprosperity that allowed it to recover from severe financial disease, hadits spring in the placer mines. A constant stream of fresh gold wasneeded to shore up the tottering commercial structure. With the minersout of the diggings, matters changed. The red-shirted digger of gold hadlittle idea of the value of money. Many of them knew only the differencebetween having money and having none. They had to have credit, whichthey promptly wasted. Extending credit to the miners made it necessarythat credit should also be extended to the sellers, and so on back. Meanwhile the eastern shippers continued to pour goods into the floodedmarket. An auction brought such cheap prices that they proved atemptation even to an overstocked public. The gold to pay for purchaseswent east, draining the country of bullion. One or two of the supposedlyrespectable and polished citizens such as Talbot Green and "honest HarryMeiggs" fell by the wayside. The confidence of the new community beganto be shaken. In 1854 came the crisis. Three hundred out of about athousand business houses shut down. Seventy-seven filed petitions ininsolvency with liabilities for many millions of dollars. In 1855 onehundred and ninety-seven additional firms and several banking houseswent under. 

There were two immediate results of this state of affairs. In the firstplace, every citizen became more intensely interested and occupied withhis own personal business than ever before; he had less time to devoteto the real causes of trouble, that is the public instability; and hegrew rather more selfish and suspicious of his neighbor than everbefore. The second result was to attract the dregs of society. Thepickings incident to demoralized conditions looked rich to these men. Professional politicians, shyster lawyers, political gangsters, flockedto the spoil. In 1851 the lawlessness of mere physical violence had cometo a head. By 1855 and 1856 there was added to a recrudescence of thisdisorder a lawlessness of graft, of corruption, both political andfinancial, and the overbearing arrogance of a self-made aristocracy. These conditions combined to bring about a second crisis in theprecarious life of this new society. 

CHAPTER XIII

THE STORM GATHERS

The foundation of trouble in California at this time was formallegalism. Legality was made a fetish. The law was a game played bylawyers and not an attempt to get justice done. The whole of publicprosecution was in the hands of one man, generally poorly paid, withequally underpaid assistants, while the defense was conducted by theablest and most enthusiastic men procurable. It followed thatconvictions were very few. To lose a criminal case was considered evenmildly disgraceful. It was a point of professional pride for the lawyerto get his client free, without reference to the circumstances of thetime or the guilt of the accused. To fail was a mark of extremestupidity, for the game was considered an easy and fascinating one. Thewhole battery of technical delays was at the command of the defendant. If a man had neither the time nor the energy for the finesse that madethe interest of the game, he could always procure interminable delaysduring which witnesses could be scattered or else wearied to the pointof non-appearance. Changes of venue to courts either prejudiced or knownto be favorable to the technical interpretation of the law were veryeasily procured. Even of shadier expedients, such as packing juries, there was no end. 

With these shadier expedients, however, your high-minded lawyer, movingin the best society, well dressed, proud, looked up to, and todaypossessing descendants who gaze back upon their pioneer ancestors withpride, had little directly to do. He called in as counsel other lawyers, not so high-minded, so honorable, so highly placed. These littlelawyers, shoulder-strikers, bribe-givers and takers, were held ingood-humored contempt by the legal lights who employed them. The actualdishonesty was diluted through so many agents that it seemed an almostpure stream of lofty integrity. Ordinary jury-packing was an easy art. Of course the sheriff's office must connive at naming the talesmen;therefore it was necessary to elect the sheriff; consequently all thelawyers were in politics. Of course neither the lawyer nor the sheriffhimself ever knew of any individual transaction! A sum of money washanded by the leading counsel to his next in command and charged off as"expense. " This fund emerged considerably diminished in the sheriff'soffice as "perquisites. "

Such were the conditions in the realm of criminal law, the realm wherethe processes became so standardized that between 1849 and 1856 over onethousand murders had been committed and only one legal conviction hadbeen secured! Dueling was a recognized institution, and a skillful shotcould always "get" his enemy in this formal manner; but if time or skilllacked, it was still perfectly safe to shoot him down in a streetbrawl--provided one had money enough to employ talent for defense. 

But, once in politics, the law could not stop at the sheriff's office. It rubbed shoulders with big contracts and big financial operations ofall sorts. The city was being built within a few years out of nothing bya busy, careless, and shifting population. Money was still easy, peoplecould and did pay high taxes without a thought, for they would ratherpay well to be let alone than be bothered with public affairs. Likehyenas to a kill, the public contractors gathered. Immense public workswere undertaken at enormous prices. To get their deals through legallyit was, of course, necessary that officials, councilmen, engineers, andothers should be sympathetic. So, naturally, the big operators as wellas the big lawyers had to go into politics. Legal efficiency coupledwith the inefficiency of the bench, legal corruption, and the arroganceof personal favor, dissolved naturally into political corruption. 

The elections of those days would have been a joke had they been not sotragically significant. They came to be a sheer farce. The polls wereguarded by bullies who did not hesitate at command to manhandle anydecent citizen indicated by the local leaders. Such men were openlyhired for the purposes of intimidation. Votes could be bought in theopen market. "Floaters" were shamelessly imported into districts thatmight prove doubtful; and, if things looked close, the electioninspectors and the judges could be relied on to make things come out allright in the final count. One of the exhibits later shown in theVigilante days of 1856 was an ingenious ballot box by which the goatscould be segregated from the sheep as the ballots were cast. You may besure that the sheep were the only ones counted. Election day was one ofcontinuous whiskey drinking and brawling so that decent citizens wereforced to remain within doors. The returns from the different wards wereannounced as fast as the votes were counted. It was therefore the customto hold open certain wards until the votes of all the others were known. Then whatever tickets were lacking to secure the proper election werecounted from the packed ballot box in the sure ward. In this manner fivehundred votes were once returned from Crystal Springs precinct wherethere dwelt not over thirty voters. If some busybody made enough of arow to get the merry tyrants into court, there were always plenty oflawyers who could play the ultra-technical so well that the accused werenot only released but were returned as legally elected as well. 

With the proper officials in charge of the executive end of thegovernment and with a trained crew of lawyers making their own rules asthey went along, almost any crime of violence, corruption, theft, or thehigher grades of finance could be committed with absolute impunity. Thestate of the public mind became for a while apathetic. After numberlessattempts to obtain justice, the public fell back with a shrug of theshoulders. The men of better feeling found themselves helpless. As eachman's safety and ability to resent insult depended on his triggerfinger, the newspapers of that time made interesting but scurrilous andscandalous reading. An appetite for personalities developed, and thesederogatory remarks ordinarily led to personal encounters. The streetsbecame battle-grounds of bowie-knives and revolvers, as rivals huntedeach other out. This picture may seem lurid and exaggerated, but thecold statistics of the time supply all the details. 

The politicians of the day were essentially fighting men. The largemajority were low-grade Southerners who had left their section, urged byunmistakable hints from their fellow-citizens. The political life ofearly California was colored very largely by the pseudo-chivalry whichthese people used as a cloak. They used the Southern code for theirpurposes very thoroughly, and bullied their way through society in aswashbuckling manner that could not but arouse admiration. There weremany excellent Southerners in California in those days, but from thevery start their influence was overshadowed by the more unworthy. Unfortunately, later many of the better class of Southerners, yieldingto prejudice and sectional feeling, joined the so-called "Law and Order"party. 

It must be remembered, however, that whereas the active merchants andindustrious citizens were too busy to attend to local politics, theprofessional low-class Southern politician had come out to Californiafor no other purpose. To be successful, he had to be a fighting man. Hisrevolver and his bowie-knife were part of his essential equipment. Heused the word "honor" as a weapon of defense, and battered downopposition in the most high-mannered fashion by the simple expedient ofclaiming that he had been insulted. The fire-eater was numerous in thosedays. He dressed well, had good manners and appearance, possessedabundant leisure, and looked down scornfully on those citizens who werebusy building the city, "low Yankee shopkeepers" being his favoriteepithet. 

Examined at close range, in contemporary documents, this individual hasabout him little of romance and nothing whatever admirable. It would bea great pity, were mistaken sentimentality allowed to clothe him in thesame bright-hued garments as the cavaliers of England in the time of theStuarts. It would be an equal pity, were the casual reader to condemnall who eventually aligned themselves against the Vigilance movement asof the same stripe as the criminals who menaced society. There were manyworthy people whose education thoroughly inclined them towards formallaw, and who, therefore, when the actual break came, found themselvessupporting law instead of justice. 

As long as the country continued to enjoy the full flood of prosperity, these things did not greatly matter. The time was individualistic, andevery man was supposed to take care of himself. But in the year 1855financial stringency overtook the new community. For lack of water manyof the miners had stopped work and had to ask for credit in buying theirdaily necessities. The country stores had to have credit from the citybecause the miners could not pay, and the wholesalers of the city againhad to ask extension from the East until their bills were met by theretailers. The gold of the country went East to pay its bills. Furtherto complicate the matter, all banking was at this time done by privatefirms. These could take deposits and make loans and could issueexchange, but they could not issue bank-notes. Therefore the currencywas absolutely inelastic. 

Even these conditions failed to shake the public optimism, until out ofa clear sky came announcement that Adams and Company had failed. Adamsand Company occupied in men's minds much the same position as the Bankof England. If Adams and Company were vulnerable, then nobody wassecure. The assets of the bankrupt firm were turned over to one AlfredCohen as receiver, with whom Jones, a member of the firm of Palmer, Cook, and Company, and a third individual were associated as assignees. On petition of other creditors the judge of the district court removedCohen and appointed one Naglee in his place. This new man, Naglee, onasking for the assets was told that they had been deposited with Palmer, Cook, and Company. The latter firm refused to give them up, denyingNaglee's jurisdiction in the matter. Naglee then commenced suit againstthe assignees and obtained a judgment against them for $269, 000. Ontheir refusal to pay over this sum, Jones and Cohen were taken intocustody. But Palmer, Cook, and Company influenced the courts, as didabout every large mercantile or political firm. They soon secured therelease of the prisoners, and in the general scramble for the assets ofAdams and Company they secured the lion's share. 

It was the same old story. An immense amount of money had disappeared. Nobody had been punished, and it was all strictly legal. Failuresresulted right and left. Even Wells, Fargo, and Company closed theirdoors but reopened them within a few days. There was much excitementwhich would probably have died as other excitement had died before, hadnot the times produced a voice of compelling power. This voice spokethrough an individual known as James King of William. 

King was a man of keen mind and dauntless courage, who had tried hisluck briefly at the mines, realized that the physical work was too muchfor him, and had therefore returned to mercantile and banking pursuitsin San Francisco. His peculiar name was said to be due to the fact thatat the age of sixteen, finding another James King in his immediatecircle, he had added his father's name as a distinguishing mark. He wasrarely mentioned except with the full designation--James King ofWilliam. On his return he opened a private banking-house, brought outhis family, and entered the life of the town. For a time his bankingcareer prospered and he acquired a moderate fortune, but in 1854 unwiseinvestments forced him to close his office. In a high-minded fashion, very unusual in those times and even now somewhat rare, he surrenderedto his creditors everything on earth he possessed. He then accepted asalaried position with Adams and Company, which he held until that housealso failed. Since to the outside world his connection with the firmlooked dubious, he exonerated himself through a series of pamphlets andshort newspaper articles. The vigor and force of their style arrestedattention, so that when his dauntless crusading spirit, revoltingagainst the carnival of crime both subtle and obvious, desired to edit anewspaper, he had no difficulty in raising the small sum of moneynecessary. He had always expressed his opinions clearly and fearlessly, and the public watched with the greatest interest the appearance of thenew sheet. 

The first number of the _Daily Evening Bulletin_ appeared on October 8, 1855. Like all papers of that day and like many of the English papersnow, its first page was completely covered with small advertisements. Athin driblet of local items occupied a column on the third and fourthpages, and a single column of editorials ran down the second. As anewspaper it seemed beneath contempt, but the editorials made men sit upand take notice. King started with an attack on Palmer, Cook, andCompany's methods. He said nothing whatever about the robberies. Hedealt exclusively with the excessive rentals for postal boxes chargedthe public by Palmer, Cook, and Company. That seemed a comparativelysmall and harmless matter, but King made it interesting by mentioningexact names, recording specific instances, avoiding any generalities, and stating plainly that this was merely a beginning in the exposure ofmethods. Jones of Palmer, Cook, and Company--that same Jones who hadbeen arrested with Cohen--immediately visited King in his office withthe object of either intimidating or bribing him as the circumstancesseemed to advise. He bragged of horsewhips and duels, but returnedrather noncommittal. The next evening the _Bulletin_ reported Jones'svisit simply as an item of news, faithfully, sarcastically, and in apompous vein. There followed no comment whatever. The next number, noweagerly purchased by every one, was more interesting because of itshints of future disclosures rather than because of its actualinformation. One of the alleged scoundrels was mentioned by name, andthen the subject was dropped. The attention of the City Marshal wascurtly called to disorderly houses and the statutes concerning them, andit was added "for his information" that at a certain address, which wasgiven, a structure was then actually being built for improper purposes. Then, without transition, followed a list of official bonds and suretiesfor which Palmer, Cook, and Company were giving vouchers, amounting toover two millions. There were no comments on this list, but theinference was obvious that the firm had the whip-hand over many publicofficials. 

The position of the new paper was soon formally established. Itpossessed a large subscription list; it was eagerly bought on itsappearance in the street; and its advertising was increasing. King againturned his attention to Palmer, Cook, and Company. Each day he exploredsuccinctly, clearly, without rhetoric, some single branch of theirbusiness. By the time he had finished with them, he had not only exposedall their iniquities, but he had, which was more important, educated thepublic to the financial methods of the time. It followed naturally inthis type of exposure that King should criticize some of the legalsubterfuges, which in turn brought him to analysis of the firm's legaladvisers, who had previously enjoyed a good reputation. From suchsubjects he drifted to dueling, venal newspapers, and soon down to theordinary criminals such as Billy Mulligan, Wooley Kearny, Casey, Cora, Yankee Sullivan, Ned McGowan, Charles Duane, and many others. Never didhe hesitate to specify names and instances. He never dealt ininnuendoes. This was bringing him very close to personal danger, forworthies of the class last mentioned were the sort who carried theirpistols and bowie-knives prominently displayed and handy for use. As yetno actual violence had been attempted against him. Other methods ofreprisal that came to his notice King published without comment as itemsof news. 

Mere threats had little effect in intimidating the editor. More seriousmeans were tried. A dozen men publicly announced that they intended tokill him--and the records of the dozen were pretty good testimonials totheir sincerity. In the gambling resorts and on the streets bets weremade and pools formed on the probable duration of King's life. As washis custom, he commented even upon this. Said the _Bulletin's_ editorialcolumns: "Bets are now being offered, we have been told, that the editorof the _Bulletin_ will not be in existence twenty days longer. And thecase of Dr. Hogan of the Vicksburg paper who was murdered by gamblers ofthat place is cited as a warning. Pah!... War then is the cry, is it?War between the prostitutes and gamblers on one side and the virtuousand respectable on the other! Be it so, then! Gamblers of San Francisco, you have made your election and we are ready on our side for the issue!"A man named Selover sent a challenge to King. King took this occasion toannounce that he would consider no challenges and would fight no duels. Selover then announced his intention of killing King on sight. Says the_Bulletin_: "Mr. Selover, it is said, carries a knife. We carry apistol. We hope neither will be required, but if this rencontre cannotbe avoided, why will Mr. Selover persist in imperiling the lives ofothers? We pass every afternoon about half-past four to five o'clockalong Market Street from Fourth to Fifth Streets. The road is wide andnot so much frequented as those streets farther in town. If we are to beshot or cut to pieces, for heaven's sake let it be done there. Otherswill not be injured, and in case we fall our house is but a few hundredyards beyond and the cemetery not much farther. " Boldness such as thisdid not act exactly as a soporific. 

About this time was perpetrated a crime of violence no worse than manyhundreds which had preceded it, but occurring at a psychological time. A gambler named Charles Cora shot and killed William Richardson, aUnited States marshal. The shooting was cold-blooded and without dangerto the murderer, for at the time Richardson was unarmed. Cora was atonce hustled to jail, not so much for confinement as for safety againsta possible momentary public anger. Men had been shot on the streetbefore--many men, some of them as well known and as well liked asRichardson--but not since public sentiment had been aroused and educatedas the _Bulletin_ had aroused and educated it. Crowds commenced at onceto gather. Some talk of lynching went about. Men made violentstreet-corner speeches. The mobs finally surged to the jail, but werefirmly met by a strong armed guard and fell back. There was muchdestructive and angry talk. 

But to swing a mob into action there must be determined men at its head, and this mob had no leader. Sam Brannan started to say something, butwas promptly arrested for inciting riot. Though the situation wasticklish, the police seem to have handled it well, making only a passiveopposition and leaving the crowd to fritter its energies in purposelesscursing, surging to and fro, and harmless threatenings. Neverthelessthis crowd persisted longer than most of them. 

The next day the _Bulletin_ vigorously counseled dependence upon thelaw, expressed confidence in the judges who were to try the case--Hagerand Norton--and voiced a personal belief that the day had passed when itwould ever be necessary to resort to arbitrary measures. It may hence beseen how far from a contemplation of extra legal measures was King inhis public attitude. Nevertheless he added a paragraph of warning: "HangBilly Mulligan--that's the word. If Mr. Sheriff Scannell does not removeBilly Mulligan from his present post as keeper of the County Jail andMulligan lets Cora escape, hang Billy Mulligan, and if necessary to getrid of the sheriff, hang him--hang the sheriff!"

Public excitement died. Conviction seemed absolutely certain. Richardsonhad been a public official and a popular one. Cora's action had beencold-blooded and apparently without provocation. Nevertheless he hadremained undisturbed. He had retained one of the most brilliant lawyersof the time, James McDougall. McDougall added to his staff the most ableof the younger lawyers of the city. Immense sums of money wereavailable. The source is not exactly known, but a certain Belle Cora, aprostitute afterwards married by Cora, was advancing large amounts. Aman named James Casey, bound by some mysterious obligation, was activein taking up general collections. Cora lived in great luxury at thejail. He had long been a close personal friend of the sheriff and hisdeputy, Mulligan. When the case came to trial, Cora escaped convictionthrough the disagreement of the jury. 

This fiasco, following King's editorials, had a profound effect on thepublic mind. King took the outrage against justice as a freshstarting-point for new attacks. He assailed bitterly and fearlessly thecountless abuses of the time, until at last he was recognized as adangerous opponent by the heretofore cynically amused higher criminals. Many rumors of plots against King's life are to be found in the detailedhistory of the day. Whether his final assassination was the result ofone of these plots, or simply the outcome of a burst of passion, matterslittle. Ultimately it had its source in the ungoverned spirit of thetimes. 

Four months after the farce of the Cora trial, on May 14, King publishedan attack on the appointment of a certain man to a position in thefederal custom house. The candidate had happened to be involved withJames P. Casey in a disgraceful election. Casey was at that time one ofthe supervisors. Incidental to his attack on the candidate, King wroteas follows: "It does not matter how bad a man Casey had been, or howmuch benefit it might be to the public to have him out of the way, wecannot accord to any one citizen the right to kill him or even beat him, without justifiable provocation. The fact that Casey has been an inmateof Sing Sing prison in New York is no offense against the laws of thisState; nor is the fact of his having stuffed himself through the ballotbox, as elected to the Board of Supervisors from a district where it issaid he was not even a candidate, any justification for Mr. Bagley toshoot Casey, however richly the latter may deserve to have his neckstretched for such fraud on the people. "

Casey read this editorial in full knowledge that thousands of hisfellow-citizens would also read it. He was at that time, in addition tohis numerous political cares, editor of a small newspaper called _TheSunday Times_. This had been floated for the express purpose ofsupporting the extremists of the legalists' party, which, as we haveexplained, now included the gambling and lawless element. How valuablehe was considered is shown by the fact that at a previous election Caseyhad been returned as elected supervisor, although he had not been acandidate, his name had not been on the ticket, and subsequent privateinvestigations could unearth no man who would acknowledge having votedfor him. Indeed, he was not even a resident of that district. However, aslick politician named Yankee Sullivan, who ran the election, saidofficially that the most votes had been counted for him; and so hiselection was announced. Casey was a handy tool in many ways, rarelyappearing in person but adept in selecting suitable agents. He waspersonally popular. In appearance he is described as a short, slight manwith a keen face, a good forehead, a thin but florid countenance, darkcurly hair, and blue eyes; a type of unscrupulous Irish adventurer, withperhaps the dash of romantic idealism sometimes found in the worstscoundrels. Like most of his confreres, he was particularly touchy onthe subject of his "honor. "

On reading the _Bulletin_ editorials, he proceeded at once to King'soffice, announcing his intention of shooting the editor on sight. Probably he would have done so except for the accidental circumstancethat King happened to be busy at a table with his back turned squarelyto the door. Even Casey could not shoot a man in the back, without aword of warning. He was stuttering and excited. The interview wasoverheard by two men in an adjoining office. 

"What do you mean by that article?" cried Casey. 

"What article?" asked King. 

"That which says I was formerly an inmate of Sing Sing. "

"Is it not true?" asked King quietly. 

"That is not the question. I don't wish my past acts raked up. On thatpoint I am sensitive. "

A slight pause ensued. 

"Are you done?" asked King quietly. Then leaping from the chair he burstsuddenly into excitement. 

"There's the door, go! And never show your face here again. "

Casey had lost his advantage. At the door he gathered himself togetheragain. 

"I'll say in my paper what I please, " he asserted with a show ofbravado. 

King was again in control of himself. 

"You have a perfect right to do so, " he rejoined. "I shall never noticeyour paper. "

Casey struck himself on the breast. 

"And if necessary I shall defend myself, " he cried. 

King bounded again from his seat, livid with anger. 

"Go, " he commanded sharply, and Casey went. 

Outside in the street Casey found a crowd waiting. The news of his visitto the _Bulletin_ office had spread. His personal friends crowded aroundasking eager questions. Casey answered with vague generalities: hewasn't a man to be trifled with, and some people had to find out!Blackmailing was not a healthy occupation when it aimed at a gentleman!He left the general impression that King had apologized. Bragging inthis manner, Casey led the way to the Bank Exchange, the fashionable barnot far distant. Here he remained drinking and boasting for some time. 

In the group that surrounded him was a certain Judge Edward McGowan, ajolly, hard-drinking, noisy individual. He had been formerly a fugitivefrom justice. However, through the attractions of a gay life, acombination of bullying and intrigue, he had made himself a place in thenew city and had at last risen to the bench. He was apparently easy tofathom, but the stream really ran deep. Some historians claim that hehad furnished King the document which proved Casey an ex-convict. It iscertain that now he had great influence with Casey, and that he drew himaside from the bar and talked with him some time in a low voice. Somepeople insist that he furnished the navy revolver with which a fewmoments later Casey shot King. This may be so, but every man went armedin those days, especially men of Casey's stamp. 

It is certain, however, that after his interview with McGowan, Caseytook his place across the street from the Bank Exchange. There, wrappedin his cloak, he awaited King's usual promenade home. 

That for some time his intention was well known is proved by the groupthat little by little gathered on the opposite side of the street. It isa matter of record that a small boy passing by was commandeered and sentwith a message for Peter Wrightman, a deputy sheriff. Pete, out ofbreath, soon joined the group. There he idled, also watching, --anofficial charged with the maintenance of the law of the land!

At just five o'clock King turned the corner, his head bent. He startedto cross the street diagonally and had almost reached the oppositesidewalk when he was confronted by Casey who stepped forward from hisplace of concealment behind a wagon. 

"Come on, " he said, throwing back his cloak, and immediately fired. King, who could not have known what Casey was saying, was shot throughthe left breast, staggered, and fell. Casey then took several stepstoward his victim, looked at him closely as though to be sure he haddone a good job, let down the hammer of his pistol, picked up his cloak, and started for the police-station. All he wanted now was a trial underthe law. 

The distance to the station-house was less than a block. Instantly atthe sound of the shot his friends rose about him and guarded him to theshelter of the lock-up. But at last the public was aroused. Casey hadunwittingly cut down a symbol of the better element, as well as afearless and noble man. Someone rang the old Monumental Engine Housebell--the bell that had been used to call together the Vigilantes of1851. The news spread about the city like wildfire. An immense mobappeared to spring from nowhere. 

The police officials were no fools; they recognized the quality of theapproaching hurricane. The city jail was too weak a structure. It wasdesirable to move the prisoner at once to the county jail forsafe-keeping. A carriage was brought to the entrance of an alley nextthe city jail; the prisoner, closely surrounded by armed men, was rushedto it; and the vehicle charged out through the crowd. The mob, as yetunorganized, recoiled instinctively before the plunging horses and thepresented pistols. Before anybody could gather his wits, the equipagehad disappeared. 

The mob surged after the disappearing vehicle, and so ended up finallyin the wide open space before the county jail. The latter was a solidlybuilt one-story building situated on top of a low cliff. North, themarshal, had drawn up his armed men. The mob, very excited, vociferated, surging back and forth, though they did not rush, because as yet theyhad no leaders. Attempts were made to harangue the gathering, buteverywhere the speeches were cut short. At a crucial moment the militiaappeared. The crowd thought at first that the volunteer troops werecoming to uphold their own side, but were soon undeceived. The troopsdeployed in front of the jail and stood at guard. Just then the mayorattempted to address the crowd. 

"You are here creating an excitement, " he said, "which may lead tooccurrences this night which will require years to wipe out. You are nowlaboring under great excitement and I advise you to quietly disperse. Iassure you the prisoner is safe. Let the law have its course and justicewill be done. "

He was listened to with respect, up to this point, but here arose such achorus of jeers that he retired hastily. 

"How about Richardson?" they demanded of him. "Where is the law inCora's case? To hell with such justice!"

More and more soldiers came into the square, which was soon filled withbayonets. The favorable moment had passed and this particular crisiswas, like all the other similar crises, quickly over. But the city wasaroused. Mass meetings were held in the Plaza and in other convenientlocalities. Many meetings took place in rooms in different parts of thecity. Men armed by the thousands. Vehement orators held forth fromevery balcony. Some of these people were, as a chronicler of the timesquaintly expressed it, "considerably tight. " There was great diversityof opinion. All night the city seethed with ill-directed activity. Butmen felt helpless and hopeless for want of efficient organization. 

The so-called Southern chivalry called this affair a "fight. " Indeed the_Herald_ in its issue of the next morning, mistaking utterly the times, held boldly along the way of its sympathies. It also spoke of theassassination as an "affray, " and stated emphatically its opinion that, "now that justice is regularly administered, " there was no excuse foreven the threat of public violence. This utter blindness to the meaningof the new movement and the far-reaching effect of King's previouscampaign proved fatal to the paper. It declined immediately. In themeantime, attended by his wife and a whole score of volunteerphysicians, King, lying in a room in the Montgomery block, was making afight for his life. 

Then people began to notice a small advertisement on the first page ofthe morning papers, headed _The Vigilance Committee_. 

"The members of the Vigilance Committee in good standing will pleasemeet at number 105-1/2 Sacramento Street, this day, Thursday, fifteenthinstant, at nine o'clock A. M. By order of the COMMITTEE OF THIRTEEN. "

People stood still in the streets, when this notice met the eye. If thiswas actually the old Committee of 1851, it meant business. There was butone way to find out and that was to go and see. Number 105-1/2Sacramento Street was a three-story barn-like structure that had beenbuilt by a short-lived political party called the "Know-Nothings. " Thecrowd poured into the hall to its full capacity, jammed the entranceways, and gathered for blocks in the street. There all waited patientlyto see what would happen. 

Meantime, in the small room back of the stage, about a score of mengathered. Chief among all stood William T. Coleman. He had taken aprominent part in the old Committee of '51. With him were ClanceyDempster, small and mild of manner, blue-eyed, the last man in the roomone would have picked for great stamina and courage, yet playing one ofthe leading roles in this crisis; the merchant Truett, towering aboveall the rest; Farwell, direct, uncompromising, inspired with tremendoussingle-minded earnestness; James Dows, of the rough and ready, humorous, blasphemous, horse-sense type; Hossefross, of the Committee of '51; Dr. Beverly Cole, high-spirited, distinguished-looking, and courtly; IsaacBluxome, whose signature of "33 Secretary" was to become terrible, andwho also had served well in 1851. These and many more of their type wereconsidering the question dispassionately and earnestly. 

"It is a serious business, " said Coleman, summing up. "It is no child'splay. It may prove very serious. We may get through quickly and safely, or we may so involve ourselves as never to get through. "

"The issue is not one of choice but of expediency, " replied Dempster. "Shall we have vigilance with order or a mob with anarchy?"

In this spirit Coleman addressed the crowd waiting in the large hall. 

"In view of the miscarriage of justice in the courts, " he announcedbriefly, "it has been thought expedient to revive the VigilanceCommittee. An Executive Council should be chosen, representative of thewhole body. I have been asked to take charge. I will do so, but muststipulate that I am to be free to choose the first council myself. Isthat agreed?"

He received a roar of assent. 

"Very well, gentlemen, I shall request you to vacate the hall. In ashort time the books will be open for enrollment. "

With almost disciplined docility the crowd arose and filed out, joiningthe other crowd waiting patiently in the street. 

After a remarkably short period the doors were again thrown open. Insidethe passage stood twelve men later to be known as the ExecutiveCommittee. These held back the rush, admitting but one man at a time. The crowd immediately caught the idea and helped. There was absolutelyno excitement. Every man seemed grimly in earnest. Cries of "Order, order, line up!" came all down the street. A rough queue was formed. There were no jokes or laughing; there was even no talk. Each waited histurn. At the entrance every applicant was closely scrutinized andinterrogated. Several men were turned back peremptorily in the first fewminutes, with the warning not to dare make another attempt. Passed bythis Committee, the candidate climbed the stairs. In the second storybehind a table sat Coleman, Dempster, and one other. These administeredto him an oath of secrecy and then passed him into another room wheresat Bluxome behind a ledger. Here his name was written and he wasassigned a number by which henceforth in the activities of the Committeehe was to be known. Members were instructed always to use numbers andnever names in referring to other members. 

Those who had been enrolled waited for some time, but finding that withevening the applicants were still coming in a long procession, theygradually dispersed. No man, however, departed far from the vicinity. Short absences and hastily snatched meals were followed by hurriedreturns, lest something be missed. From time to time rumors were put incirculation as to the activities of the Executive Committee, which hadbeen in continuous session since its appointment. An Examining Committeehad been appointed to scrutinize the applicants. The number of theExecutive Committee had been raised to twenty-six; a Chief of Police hadbeen chosen, and he in turn appointed messengers and policemen, who setout in search of individuals wanted as door-keepers, guards, and soforth. Only registered members were allowed on the floor of the hall. Even the newspaper reporters were gently but firmly ejected. There wasno excitement or impatience. 

At length, at eight o'clock, Coleman came out of one of the side-roomsand, mounting a table, called for order. He explained that a militaryorganization had been decided upon, advised that numbers 1 to 100inclusive should assemble in one corner of the room, the second hundredat the first window, and so on. An interesting order was his last. "Letthe French assemble in the middle of the hall, " he said in theirlanguage--an order significant of the great numbers of French who hadfirst answered the call of gold in '49, and who now with equalenthusiasm answered the call for essential justice. Each company wasadvised to elect its own officers, subject to ratification by theExecutive Committee. It was further stated that arrangements had beenmade to hire muskets to the number of several thousands from one GeorgeLaw. These were only flintlocks, but efficient enough in their way, andsupplied with bayonets. They were discarded government weapons, broughtout some time ago by Law to arm some mysterious filibustering expeditionthat had fallen through. In this manner, without confusion, anorganization of two thousand men was formed--sixteen military companies. 

By Saturday morning, May 17, the Committee rooms were overwhelmed bycrowds of citizens who desired to be enrolled. Larger quarters hadalready been secured in a building on the south side of SacramentoStreet. Thither the Committee now removed _en masse_, withoutinterrupting their labors. These new headquarters soon became famous inthe history of this eventful year. 

In the meantime the representatives of the law had not been less alert. The regular police force was largely increased. The sheriff issuedthousands of summonses calling upon citizens for service as deputies. These summonses were made out in due form of law. To refuse them meantto put oneself outside the law. The ordinary citizen was somewhatpuzzled by the situation. A great many responded to the appeal fromforce of habit. Once they accepted the oath these new deputies wereconfronted by the choice between perjury, and its consequences, or doingservice. On the other hand, the issue of the summonses forced manyotherwise neutral men into the ranks of the Vigilantes. If they refusedto act when directly summoned by law, that very fact placed them on thewrong side of the law. Therefore they felt that joining a party pledgedto what practically amounted to civil war was only a short step further. Against these the various military companies were mustered, reminded oftheir oath, called upon to fulfill their sworn duty, and sent to variousstrategic points about the jail and elsewhere. The Governor wasinformally notified of a state of insurrection and was requested to sendin the state militia. By evening all the forces of organized societywere under arms, and the result was a formidable, apparently impregnableforce. 

Nor was the widespread indignation against the shooting of James King ofWilliam entirely unalloyed by bitterness. King had been a hard hitter, an honest man, a true crusader; but in the heat of battle he had notalways had time to make distinctions. Thus he had quite justly attackedthe _Times_ and other venal newspapers, but in so doing had, by toogeneral statements, drawn the fire of every other journal in town. Hehad attacked with entire reason a certain Catholic priest, a man theChurch itself would probably soon have disciplined, but in so doing hadmanaged to enrage all Roman Catholics. In like manner his scorn of theso-called "chivalry" was certainly well justified, but his manner ofexpression offended even the best Southerners. Most of us see no fartherthan the immediate logic of the situation. Those perfectly worthycitizens were inclined to view the Vigilantes, not as a protest againstintolerable conditions, but rather as personal champions of King. 

In thus relying on the strength of their position the upholders of lawrealized that there might be fighting, and even severe fighting, but itmust be remembered that the Law and Order party loved fighting. It waspart of their education and of their pleasure and code. No wonder thatthey viewed with equanimity and perhaps with joy the beginning of theVigilance movement of 1856. 

The leaders of the Law and Order party chose as their military commanderWilliam Tecumseh Sherman, whose professional ability and integrity inlater life are unquestioned, but whose military genius was equaled onlyby his extreme inability to remember facts. When writing his _Memoirs_, the General evidently forgot that original documents existed or thatstatements concerning historical events can often be checked up. A meremob is irresponsible and anonymous. But it was not a mob with whomSherman was faced, for, as a final satisfaction to the legal-minded, themen of the Vigilance Committee had put down their names on record asresponsible for this movement, and it is upon contemporary record thatthe story of these eventful days must rely for its details. 

CHAPTER XIV

THE STORM BREAKS

The Governor of the State at this time was J. Neely Johnson, apolitician whose merits and demerits were both so slight that he wouldlong since have been forgotten were it not for the fact that he occupiedoffice during this excitement. His whole life heretofore had been one oftrimming. He had made his way by this method, and he gained theGovernor's chair by yielding to the opinion of others. He took his colorand his temporary belief from those with whom he happened to be. Hisjudgment often stuck at trifles, and his opinions were quickly heatedbut as quickly cooled. The added fact that his private morals were notabove criticism gave men an added hold over him. 

On receipt of the request for the state militia by the law party, butnot by the proper authorities. Governor Johnson hurried down fromSacramento to San Francisco. Immediately on arriving in the city he sentword to Coleman requesting an interview. Coleman at once visited him athis hotel. Johnson apparently made every effort to appear amiable andconciliatory. In answer to all questions Coleman replied:

"We want peace, and if possible without a struggle. "

"It is all very well, " said Johnson, "to talk about peace with an armyof insurrection newly raised. But what is it you actually wish toaccomplish?"

"The law is crippled, " replied Coleman. "We want merely to accomplishwhat the crippled law should do but cannot. This done, we will gladlyretire. Now you have been asked by the mayor and certain others to bringout the militia and crush this movement. I assure you it cannot be done, and, if you attempt it, it will cause you and us great trouble. Do asGovernor McDougal did in '51. See in this movement what he saw inthat--a local movement for a local reform in which the State is notconcerned. We are not a mob. We demand no overthrow of institutions. Weask not a single court to adjourn. We ask not a single officer tovacate his position. We demand only the enforcement of the law which wehave made. "

This expression of intention, with a little elaboration and argument, fired Johnson to enthusiasm. He gave his full support, unofficially ofcourse, to the movement. 

"But, " he concluded, "hasten the undertaking as much as you can. Theopposition is stronger than you suppose. The pressure on me is going tobe terrible. What about the prisoners in the jail?"

Coleman evaded this last question by saying that the matter was in thehands of the Committee, and he then left the Governor. 

Coleman at once returned to headquarters where the Executive Committeewas in session, getting rid of its routine business. After a dozenmatters were settled, it was moved "that the Committee as a body shallvisit the county jail at such time as the Executive Committee mightdirect, and take thence James P. Casey and Charles Cora, give them afair trial, and administer such punishment as justice shall demand. "

This, of course, was the real business for which all this organizationhad been planned. A moment's pause succeeded the proposal, but aninstantaneous and unanimous assent followed the demand for a vote. Atthis precise instant a messenger opened the door and informed them thatGovernor Johnson was in the building requesting speech with Coleman. 

Coleman found Johnson, accompanied by Sherman and a few others, loungingin the anteroom. The Governor sprawled in a chair, his hat pulled overhis eyes, a cigar in the corner of his mouth. His companions arose andbowed gravely as Coleman entered the room, but the Governor remainedseated and nodded curtly with an air of bravado. Without waiting foreven the ordinary courtesies he burst out. 

"We have come to ask what you intend to do, " he demanded. 

Coleman, thoroughly surprised, with the full belief that the subject hadall been settled in the previous interview, replied curtly. 

"I agree with you as to the grievances, " rejoined the Governor, "but thecourts are the proper remedy. The judges are good men, and there is nonecessity for the people to turn themselves into a mob. "

"Sir!" cried Coleman. "This is no mob!--You know this is no mob!"

The Governor went on to explain that it might become necessary to bringout all the force at his command. Coleman, though considerably takenaback, recovered himself and listened without comment. He realized thatSherman and the other men were present as witnesses. 

"I will report your remark to my associates, " he contented himself withsaying. The question of witnesses, however, bothered Coleman. He dartedin to the committee room and shortly returned with witnesses of his own. 

"Let us now understand each other clearly, " he resumed. "As I understandyour proposal, it is that, if we make no move, you guarantee no escape, an immediate trial, and instant execution?"

Johnson agreed to this. 

"We doubt your ability to do this, " went on Coleman, "but we are readyto meet you half-way. This is what we will promise: we will take nosteps without first giving you notice. But in return we insist that tenmen of our own selection shall be added to the sheriff's force withinthe jail. "

Johnson, who was greatly relieved and delighted, at once agreed to thisproposal, and soon withdrew. But the blunder he had made was evidentenough. With Coleman, who was completely outside the law, he, as anexecutive of the law, had no business treating or making agreements atall. Furthermore, as executive of the State, he had no legal right tointerfere with city affairs unless he were formally summoned by theauthorities. Up to now he had merely been notified by private citizens. And to cap the whole sheaf of blunders, he had now in this privateinterview treated with rebels, and to their advantage. For, as Colemanprobably knew, the last agreement was all for the benefit of theCommittee. They gained the right to place a personal guard over theprisoners. They gave in return practically only a promise to withdrawthat guard before attacking the jail--a procedure which was eminentlypractical if they cared anything for the safety of the guard. 

Johnson was thoroughly pleased with himself until he reached the hotelwhere the leaders of the opposition were awaiting him. Their keen legalminds saw at once the position in which he had placed himself. After ahasty discussion, it was decided to claim that the Committee had waivedall right of action, and that they had promised definitely to leave thecase to the courts. When this statement had been industriouslycirculated and Coleman had heard of it, he is said to have exclaimed:

"The time has come. After that, it is either ourselves or a mob. "

He proceeded at once to the Vigilance headquarters and summoned Olney, the appointed guardian of the jail. Him he commanded to get togethersixty of the best men possible. A call was sent out for the companies toassemble. They soon began to gather, coming some in rank as they hadgathered in their headquarters outside, others singly and in groups. Doorkeepers prevented all exit: once a man was in, he was not permittedto go out. Each leader received explicit directions as to what was to bedone. He was instructed as to precisely when he and his command were tostart; from what given point; along exactly what route to proceed; andat just what time to arrive at a given point--not a moment sooner orlater. The plan for concerted action was very carefully and skillfullyworked out. Olney's sixty men were instructed to lay aside their musketsand, armed only with pistols, to make their way by different routes tothe jail. 

Sunday morning dawned fair and calm. But as the day wore on, an air ofunrest pervaded the city. Rumors of impending action were alreadyabroad. The jail itself hummed like a hive. Men came and went, busilyrunning errands, and darting about through the open door. Armed men weretaking their places on the flat roof. Meantime the populace gatheredslowly. At first there were only a score or so idling around the square;but little by little they increased in numbers. Black forms began toappear on the rooftops all about; white faces showed at the windows;soon the center of the square had filled; the converging streets becameblack with closely packed people. The windows and doors and balconies, the copings and railings, the slopes of the hills round about were alloccupied. In less than an hour twenty thousand people had gathered. Theytook their positions quietly and waited patiently. It was evident thatthey had assembled in the rôle of spectators only, and that action hadbeen left to more competent and better organized men. There was noshouting, no demonstration, and so little talking that it amounted onlyto a low murmur. Already the doors of the jail had been closed. Thearmed forces on the roof had been increased. 

After a time the congested crowd down one of the side-streets wasagitated by the approach of a body of armed men. At the same instant asimilar group began to appear at the end of another and convergingstreet. The columns came steadily forward, as the people gave way. Themen wore no uniforms, and the glittering steel of their bayonetsfurnished the only military touch. The two columns reached theconvergence of the street at the same time and as they entered thesquare before the jail a third and a fourth column debouched from otherdirections, while still others deployed into view on the hills behind. They all took their places in rank around the square. 

Among the well-known characters of the times was a certain Colonel Gift. Mr. Hubert H. Bancroft, the chronicler of these events, describes him as"a tall, lank, empty-boweled, tobacco-spurting Southerner, with eyeslike burning black balls, who could talk a company of listeners into aninsane asylum quicker than any man in California, and whose blasphemycould not be equaled, either in quantity or quality, by the most profaneof any age or nation. " He remarked to a friend nearby, as he watched thespectacle below: "When you see these damned psalm-singing Yankees turnout of their churches, shoulder their guns, and march away of a Sunday, you may know that hell is going to crack shortly. "

For some time the armed men stood rigid, four deep all around thesquare. Behind them the masses of the people watched. Then at a commandthe ranks fell apart and from the side-streets marched the sixty menchosen by Olney, dragging a field gun at the end of a rope. This theywheeled into position in the square and pointed it at the door of thejail. Quite deliberately, the cannon was loaded with powder and balls. Aman lit a slow match, blew it to a glow, and took his position at thebreech. Nothing then happened for a full ten minutes. The six men stoodrigid by the gun in the middle of the square. The sunlight gleamed fromthe ranks of bayonets. The vast multitude held its breath. The wall ofthe jail remained blank and inscrutable. 

Then a man on horseback was seen to make his way through the crowd. Thiswas Charles Doane, Grand Marshal of the Vigilantes. He rode directly tothe jail door, on which he rapped with the handle of his riding-whip. After a moment the wicket in the door opened. Without dismounting, therider handed a note within, and then, backing his horse the length ofthe square, came to rest. 

Again the ranks parted and closed, this time to admit of threecarriages. As they came to a stop, the muskets all around the squareleaped to "present arms!" From the carriages descended Coleman, Truett, and several others. In dead silence they walked to the jail door, Olney's men close at their heels. For some moments they spoke throughthe wicket; then the door swung open and the Committee entered. 

Up to this moment Casey had been fully content with the situation. Hewas, of course, treated to the best the jail or the city could afford. It was a bother to have been forced to shoot James King of William; butthe nuisance of incarceration for a time was a small price to pay. Hisfriends had rallied well to his defense. He had no doubt whatever, that, according to the usual custom, he would soon work his way through thecourts and stand again a free man. His first intimation of trouble wasthe hearing of the resonant tramp of feet outside. His second was whenSheriff Scannell stood before him with the Vigilantes' note in his hand. Casey took one glance at Scannell's face. 

"You aren't going to betray me?" he cried. "You aren't going to give meup?"

"James, " replied Scannell solemnly, "there are three thousand armed mencoming for you and I have not thirty supporters around the jail. "

"Not thirty!" cried Casey astonished. For a moment he appeared crushed;then he leaped to his feet flourishing a long knife. "I'll not be takenfrom this place alive!" he cried. "Where are all you brave fellows whowere going to see me through this?"

At this moment Coleman knocked at the door of the jail. The sheriffhurried away to answer the summons. 

Casey took the opportunity to write a note for the Vigilantes which hegave to the marshal. It read:

"_To the Vigilante Committee_. GENTLEMEN:--I am willing to go before youif you will let me speak but ten minutes. I do not wish to have theblood of any man upon my head. "

On entering the jail door Coleman and his companions bowed formally tothe sheriff. 

"We have come for the prisoner Casey, " said Coleman. "We ask that he bepeaceably delivered us handcuffed at the door immediately. "

"Under existing circumstances, " replied Scannell, "I shall make noresistance. The prison and its contents are yours. "

But Truett would have none of this. "We want only the man Casey atpresent, " he said. "For the safety of all the rest we hold you strictlyaccountable. "

They proceeded at once to Casey's cell. The murderer heard them comingand sprang back from the door holding his long knife poised. Colemanwalked directly to the door, where he stopped, looking Casey in the eye. At the end of a full minute he exclaimed sharply:

"Lay down that knife!"

As though the unexpected tones had broken a spell, Casey flung the knifefrom him and buried his face in his hands. Then, and not until then, Coleman informed him curtly that his request would be granted. 

They took Casey out through the door of the jail. The crowd gathered itsbreath for a frantic cheer. The relief from tension must have beengreat, but Coleman, bareheaded, raised his hand and, in instantobedience to the gesture, the cheer was stifled. The leaders thenentered the carriage, which immediately turned and drove away. 

Thus Casey was safely in custody. Charles Cora, who, it will beremembered, had killed Marshal Richardson and who had gained from thejury a disagreement, was taken on a second trip. 

The street outside headquarters soon filled with an orderly crowdawaiting events. There was noticeable the same absence of excitement, impatience, or tumult so characteristic of the popular gatherings ofthat time, except perhaps when the meetings were conducted by thepartisans of Law and Order. After a long interval one of the Committeemembers appeared at an upper window. 

"It is not the intention of the Committee to be hasty, " he announced. "Nothing will be done today. "

This statement was received in silence. At last someone asked:

"Where are Casey and Cora?"

"The Committee hold possession of the jail. All are safe, " said theCommittee man. 

With this simple statement the crowd was completely satisfied, anddispersed quietly and at once. 

Of the three thousand enrolled men, three hundred were retained underarms at headquarters, a hundred surrounded the jail, and all the restwere dismissed. Next day, Monday, headquarters still remainedinscrutable; but large patrols walked about the city, collecting arms. The gunshops were picketed and their owners were warned under nocircumstances to sell weapons. Towards evening the weather grew colderand rain came on. Even this did not discourage the crowd, which stoodabout in its sodden clothes waiting. At midnight it reluctantlydispersed, but by daylight the following morning the streets aroundheadquarters were blocked. Still it rained, and still apparently nothinghappened. All over the city business was at a standstill. Men haddropped their affairs, even the most pressing, either to take part inthis movement or to lend the moral support of their presence and theirinterest. The partisans of Law and Order, so called, were also abroad. No man dared express himself in mixed company openly. The courts wereempty. Some actually closed down, with one excuse or another; but mostof them pretended to go through the forms of business. Many judges tookthe occasion to leave town--on vacation, they announced. Theseincidents occasioned lively comment. As our chronicler before quotedtells us: "A good many who had things on their minds left for thecountry. " Still it rained steadily, and still the crowds waited. 

The prisoners, Casey and Cora, had expected, when taken from the jail, to be lynched at once. But, since the execution had been thus longpostponed, they began to take heart. They understood that they were tohave a clear trial "according to law"--a phrase which was in those daysimmensely cheering to malefactors. They were not entirely cut off fromoutside communication. Casey was allowed to see several men on pressingbusiness, and permitted to talk to them freely, although before awitness from the Committee. Cora received visits from Belle Cora, who inthe past had spent thousands on his legal defense. Now she came to seehim faithfully and reported every effort that was being made. 

On Tuesday, the 20th, Cora was brought before the Committee. He askedfor counsel, and Truett was appointed to act for him. A list ofwitnesses demanded by Cora was at once summoned, and a sub-committee wassent to bring them before the board of trial. All the ordinary forms oflaw were closely followed, and all the essential facts were separatelybrought out. It was the same old Cora trial over again with onemodification; namely, that all technicalities and technical delays wereeliminated. Not an attempt was made to confine the investigation to thetechnical trial. By dusk the case for the prosecution was finished, andthat for the defense was supposed to begin. 

During all this long interim the Executive Committee had sat incontinuous session. They had agreed that no recess of more than thirtyminutes should be taken until a decision had been reached. But of allthe long list of witnesses submitted by Cora for the defense not onecould be found. They were in hiding and afraid. The former perjurerswould not appear. 

It was now falling dusk. The corners of the great room were in darkness. Beneath the elevated desk, behind which sat Coleman, Bluxome, thesecretary, lighted a single oil lamp, the better to see his notes. Inthe interest of the proceedings a general illumination had not beenordered. Within the shadow, the door opened and Charles Doane, the GrandMarshal of the Vigilantes, advanced three steps into the room. 

"Mr. President, " he said clearly, "I am instructed to announce thatJames King of William is dead. "

The conviction of both men took place that night, and the execution wasordered, but in secret. 

Thursday noon had been set for the funeral of James King of William. This ceremony was to take place in the Unitarian church. A greatmultitude had gathered to attend. The church was filled to overflowingearly in the day. But thousands of people thronged the streets roundabout, and stood patiently and seriously to do the man honor. Historiansof the time detail the names of many marching bodies from every guildand society in the new city. Hundreds of horsemen, carriages, and footmarchers got themselves quietly into the line. They also were excludedfrom the funeral ceremonies by lack of room, but wished to do honor tothe cortège. This procession is said to have been over two miles inlength. Each man wore a band of crêpe around his left arm. All the cityseemed to be gathered there. And yet the time for the actual funeralceremony was still some hours distant. 

Nevertheless the few who, hurrying to the scene, had occasion to passnear the Vigilante headquarters, found the silent square guarded on allsides by a triple line of armed men. The side-streets also were filledwith them. They stood in the exact alignment their constant drill hadmade possible, with bayonets fixed, staring straight ahead. Threethousand were under arms. Like the vast crowd a few squares away, they, too, stood silent and patiently waiting. 

At a quarter before one the upper windows of the headquarters buildingwere thrown open and small planked platforms were thrust from two ofthem. Heavy beams were shoved out from the flat roof directly over theplatforms. From the ends of the beams dangled nooses of rope. After thisanother wait ensued. Across the silence of the intervening buildingscould be heard faintly from the open windows of the church the sound ofan organ, and then the measured cadences of an oration. The funeralservices had begun. As though this were a signal, the blinds that hadclosed the window openings were thrown back and Cora was conducted tothe end of one of the little platforms. His face was covered with awhite handkerchief and he was bound. A moment later Casey appeared. Hehad asked not to be blindfolded. Cora stood bolt upright, motionless asa stone, but Casey's courage broke. If he had any hope that the boastfulpromises of his friends would be fulfilled by a rescue, that hope diedas he looked down on the set, grim faces, on the sinister ring of steel. His nerve then deserted him completely and he began to babble. 

"Gentlemen, " he cried at them, "I am not a murderer! I do not feelafraid to meet my God on a charge of murder! I have done nothing butwhat I thought was right! Whenever I was injured I have resented it! Ithas been part of my education during twenty-nine years! Gentlemen, Iforgive you this persecution! O God! My poor Mother! O God!"

It is to be noted that he said not one word of contrition nor of regretfor the man whose funeral services were then going on, nor for theheartbroken wife who knelt at that coffin. His words found no echoagainst that grim wall of steel. Again ensued a wait, apparentlyinexplicable. Across the intervening housetops the sound of the orationceased. At the door of the church a slight commotion was visible. Thecoffin was being carried out. It was placed in the hearse. Every headwas bared. There followed a slight pause; then from overhead thechurch-bell boomed out once. Another bell in the next block answered; athird, more distant, chimed in. From all parts of the city tolled therequiem. 

At the first stroke of the bell the funeral cortège moved forward towardLone Mountain cemetery. At the first stroke the Vigilantes as one manpresented arms. The platforms dropped, and Casey and Cora fell intoeternity. 

CHAPTER XV

THE VIGILANTES OF '56

This execution naturally occasioned a great storm of indignation amongthe erstwhile powerful adherents of the law. The ruling, aristocraticclass, the so-called chivalry, the best element of the city, had beenslapped deliberately in the face, and this by a lot of Yankeeshopkeepers. The Committee were stigmatized as stranglers. They ought tobe punished as murderers! They should be shot down as revolutionists! Itwas realized, however, that the former customary street-shooting hadtemporarily become unsafe. Otherwise there is no doubt that brawls wouldhave been more frequent than they were. 

An undercurrent of confidence was apparent, however. The Law and Ordermen had been surprised and overpowered. They had yielded only tooverwhelming odds. With the execution of Cora and Casey accomplished, the Committee might be expected to disband. And when the Committeedisbanded, the law would have its innings. Its forces would then bebetter organized and consolidated, its power assured. It could thensafely apprehend and bring to justice the ringleaders of thisundertaking. Many of the hotheads were in favor of using armed force totake Coleman and his fellow-conspirators into custody. But calmerspirits advised moderation for the present, until the time was moreripe. 

But to the surprise and indignation of these people, the Vigilantesshowed no intention of disbanding. Their activities extended and theirorganization strengthened. The various military companies drilled dailyuntil they went through the manual with all the precision of regulartroops. The Committee's book remained opened, and by the end of the weekover seven thousand men had signed the roll. Loads of furniture andvarious supplies stopped at the doors of headquarters and were carriedin by members of the organization. No non-member ever saw the inside ofthe building while it was occupied by the Committee of Vigilance. Socooking utensils, cot-beds, provisions, blankets, bulletin-boards, arms, chairs and tables, field-guns, ammunition, and many other suppliesseemed to indicate a permanent occupation. Doorkeepers were always inattendance, and sentinels patrolled in the streets and on the roof. Every day the Executive Committee was in session for all of the daylighthours. A blacklist was in preparation. Orders were issued for theVigilante police to arrest certain men and to warn certain others toleave town immediately. A choice haul was made of the lesser lights ofthe ward-heelers and chief politicians. A very good sample was thenotorious Yankee Sullivan, an ex-prize-fighter, ward-heeler, ballot-boxstuffer, and shoulder-striker. He, it will be remembered, was the manwho returned Casey as supervisor in a district where, as far as isknown, Casey was not a candidate and no one could be found who had votedfor him. This individual went to pieces completely shortly after hisarrest. He not only confessed the details of many of his own crimes but, what was more important, disclosed valuable information as to others. His testimony was important, not necessarily as final proof againstthose whom he accused, but as indication of the need of thoroughinvestigation. Then without warning he committed suicide in his cell. Oninvestigation it turned out that he had been accustomed to from sixtyto eighty drinks of whiskey each day, and the sudden and completedeprivation had unhinged his mind. Warned by this unforeseencircumstance, the Committee henceforth issued regular rations of whiskeyto all its prisoners, a fact which is a striking commentary on thecharacter of the latter. It is to be noted, furthermore, that liquor ofall sorts was debarred from the deliberations of the Vigilantesthemselves. 

Trials went briskly forward in due order, with counsel for defense andample opportunity to call witnesses. There were no more capitalpunishments. It was made known that the Committee had set for itself arule that capital punishment would be inflicted by it only for crimes sopunishable by the regular law. But each outgoing ship took a crowd ofthe banished. The majority of the first sweepings were lowthugs--"Sydney Ducks, " hangers-on, and the worst class of criminals; buta certain number were taken from what had been known as the city's best. In the law courts these men would have been declared as white as thedriven snow; in fact, that had actually happened to some of them. Butthey were plainly undesirable citizens. The Committee so decided andbade them depart. Among the names of men who were prominent andinfluential in the early history of the city, but who now were told toleave, were Charles Duane, Woolley Kearny, William McLean, J. D. Musgrave, Peter Wightman, James White, and Edward McGowan. Hundreds ofothers left the city of their own accord. Terror spread among theinhabitants of the underworld. Some of the minor offenders brought in bythe Vigilante police were turned over by the Executive Committee to theregular law courts. It is significant that, whereas convictions had beenalmost unknown up to this time, every one of these offenders waspromptly sentenced by those courts. 

But though the underworld was more or less terrified, the upper gradeswere only the further aroused. Many sincerely believed that thismovement was successful only because it was organized, that the peopleof the city were scattered and powerless, that they needed only to beorganized to combat the forces of disorder. In pursuance of the beliefthat the public at large needed merely to be called together loyally todefend its institutions, a meeting was set for June 2, in PortsmouthSquare. Elaborate secret preparations, including the distribution ofarmed men, were made to prevent interference. Such preparations wereuseless. Immediately after the appearance of the notice the Committee ofVigilance issued orders that the meeting was to be in no mannerdiscouraged or molested. 

It was well attended. Enormous crowds gathered, not only in and aroundthe Square itself, but in balconies and windows and on housetops. It wasa very disrespectful crowd, evidently out for a good time. On theplatform within the Square stood or sat the owners of many of the city'sproud names. Among them were well-known speakers, men who had neverfailed to hold and influence a crowd. But only a short distance awaylittle could be heard. It early became evident that, though there wouldbe no interference, the sentiment of the crowd was adverse. And whatmust have been particularly maddening was that the sentiment wasgood-humored. Colonel Edward Baker came forward to speak. The Colonelwas a man of great eloquence, so that in spite of his considerable lackof scruples he had won his way to a picturesque popularity and fame. Butthe crowd would have little of him this day, and an almost continuousuproar drowned out his efforts. The usual catch phrases, such as"liberty. " "Constitution, " "habeas corpus, " "trial by jury, " and"freedom, " occasionally became audible, but the people were notinterested. "See Cora's defender!" cried someone, voicing the generalsuspicion that Baker had been one of the little gambler's hiddencounsel. "Cora!" "Ed. Baker!" "$10, 000!" "Out of that, you oldreprobate!" He spoke ten minutes against the storm and then yielded, red-faced and angry. Others tried but in vain. A Southerner, Benham, inveighing passionately against the conditions of the city, in throwingback his coat happened inadvertently to reveal the butt of a Coltrevolver. The bystanders immediately caught the point. "There's a prettyLaw and Order man!" they shouted. "Say, Benham, don't you know it'sagainst the law to go armed?"

"I carry this weapon, " he cried, shaking his fist, "not as an instrumentto overthrow the law, but to uphold it. "

Someone from a balcony nearby interrupted: "In other words, sir, youbreak the law in order to uphold the law. What more are the Vigilantesdoing?"

The crowd went wild over this response. The confusion became worse. Upholders of Law and Order thrust forward Judge Campbell in the hopethat his age and authority on the bench would command respect. He wasunable, however, to utter even two consecutive sentences. 

"I once thought, " he interrupted himself piteously, "that I was the freecitizen of a free country. But recent occurrences have convinced me thatI am a slave, more a slave than any on a Southern plantation, for theyknow their masters, but I know not mine!"

But his auditors refused to be affected by pathos. 

"Oh, yes you do, " they informed him. "You know your masters as well asanybody. Two of them were hanged the other day!"

Though this attempt at home to gain coherence failed, the partisans atSacramento had better luck. They collected, it was said, five hundredmen hailing from all quarters of the globe, but chiefly from theSoutheast and Texas. All of them were fire-eaters, reckless, and sure tomake trouble. Two pieces of artillery were reported coming down theSacramento to aid all prisoners, but especially Billy Mulligan. Thenumbers were not in themselves formidable as opposed to the enrollmentof the Vigilance Committee, but it must be remembered that the city wasfull of scattered warriors and of cowed members of the underworldwaiting only leaders and a rallying point. Even were the Vigilantes towin in the long run, the material for a very pretty civil war was readyto hand. Two hundred men were hastily put to filling gunnybags with sandand to fortifying not only headquarters but the streets round about. Cannon were mounted, breastworks were piled, and embrasures were cut. Bymorning Fort Gunnybags, as headquarters was henceforth called, had comeinto existence. 

The fire-eaters arrived that night, but they were not five hundredstrong, as excited rumor had it. They disembarked, greeting the horde offriends who had come to meet them, marched in a body to Fort Gunnybags, looked it over, stuck their hands into their pockets, and walkedpeacefully away to the nearest bar-rooms. This was the wisest move ontheir part, for by now the disposition of the Vigilante men was socomplete that nothing short of regularly organized troops couldsuccessfully have dislodged them. 

Behind headquarters was a long shed and stable In which were to be foundat all hours saddle horses and artillery horses, saddled and bridled, ready for instant use. Twenty-six pieces of artillery, most of them sentin by captains of vessels in the harbor, were here parked. Other cannonwere mounted for the defense of the fort itself. Muskets, rifles, andsabers had been accumulated. A portable barricade had been constructedin the event of possible street fighting--a sort of wheeled frameworkthat could be transformed into litters or scaling-ladders at will. Messoffices and kitchens were there that could feed a small army. Flags andpainted signs carrying the open eye that had been adopted as emblematicof vigilance decorated the main room. A huge alarm bell had been mountedupon the roof. Mattresses, beds, cots, and other furniture necessary toaccommodate whole companies on the premises themselves, had beenprovided. A completely equipped armorers' shop and a hospital with allsupplies occupied the third story. The forces were divided into fourcompanies of artillery, one squadron and two troops of cavalry, fourregiments and thirty-two companies of infantry, besides the small butvery efficient police organization. A tap on the bell gathered these menin an incredibly short space of time. Bancroft says that, as a rule, within fifteen minutes of the first stroke seven-tenths of the entireforces would be on hand ready for combat. 

The Law and Order people recognized the strength of this organizationand realized that they must go at the matter in a more thorough manner. They turned their attention to the politics of the structure, and herethey had every reason to hope for success. No matter how well organizedthe Vigilantes might be or how thoroughly they might carry thesympathies of the general public, there was no doubt that they wereacting in defiance of constituted law, and therefore were nothing lessthan rebels. It was not only within the power, but it was also a duty, of the Governor to declare the city in a condition of insurrection. Whenhe had done this, the state troops must put down the insurrection; and, if they failed, then the Federal Government itself should be called on. Looked at in this way, the small handful of disturbers, no matter howwell armed and disciplined, amounted to very little. 

Naturally the Governor had first to be won over. Accordingly all theimportant men of San Francisco took the steamer _Senator_ for Sacramentowhere they met Judge Terry, of the Supreme Court of California, VolneyHoward, and others of the same ilk. No governor of Johnson's naturecould long withstand such pressure. He promised to issue the requiredproclamation of insurrection as soon as it could be "legally proved"that the Vigilance Committee had acted outside the law. The small factthat it had already hanged two and deported a great many others, to saynothing of taking physical possession of the city, meant little to theselegal minds. 

In order that all things should be technically correct, then, JudgeTerry issued a writ of habeas corpus for William Mulligan and gave itinto the hands of Deputy Sheriff Harrison for service on the Committee. It was expected that the Committee would deny the writ, which wouldconstitute legal defiance of the State. The Governor would then bejustified in issuing the proclamation. If the state troops provedunwilling or inadequate, as might very well be, the plan was then tocall on the United States. The local representatives of the centralgovernment were at that time General Wool commanding the militarydepartment of California, and Captain David Farragut in command of thenavy-yard. Within their command was a force sufficient to subdue threetimes the strength of the Vigilance Committee. William Tecumseh Sherman, then in private life, had been appointed major-general of a division ofthe state militia. As all this was strictly legal, the plan could notpossibly fail. 

Harrison took the writ of habeas corpus and proceeded to San Francisco. He presented himself at headquarters and offered his writ. Instead ofdenying it, the Committee welcomed him cordially and invited him to makea thorough search of the premises. Of course Harrison found nothing--theCommittee had seen to that--and departed. The scheme had failed. TheCommittee had in no way denied his authority or his writ. But Harrisonsaw clearly what had been expected of him. To Judge Terry heunblushingly returned the writ endorsed "prevented from service by armedmen. " For the sake of his cause, Harrison had lied. However, the wholeaffair was now regarded as legal. 

Johnson promptly issued his proclamation. The leaders, in high feather, as promptly turned to the federal authorities for the assistance theyneeded. As yet they did not ask for troops but only for weapons withwhich to arm their own men. To their blank dismay General Wool refusedto furnish arms. He took the position that he had no right to do sowithout orders from Washington. There is no doubt, however, that thistechnical position cloaked the doughty warrior's real sympathies. Colonel Baker and Volney Howard were instructed to wait on him. After asomewhat lengthy conversation, they made the mistake of threatening himwith a report to Washington for refusing to uphold the law. 

"I think, gentlemen, " flashed back the veteran indignantly, "I know myduty and in its performance dread no responsibility!" He promptly bowedthem out. 

In the meantime the Executive Committee had been patiently working downthrough its blacklist. It finally announced that after June 24 it wouldconsider no fresh cases, and a few days later it proclaimed anadjournment parade on July 4. It considered its work completed and thecity safe. 

It may be readily imagined that this peaceful outcome did not in theleast suit the more aristocratic members of the Law and Order party. They were a haughty, individualistic, bold, forceful, sometimes charmingband of fire-eaters. In their opinion they had been deeply insulted. They wanted reprisal and punishment. 

When therefore the Committee set a definite day for disbanding, thelocal authorities and upholders of law were distinctly disappointed. They saw slipping away the last chance for a clash of arms that wouldput these rebels in their places. There was some thought of arrestingthe ringleaders, but the courts were by now so well terrorized that itwas by no means certain that justice as defined by the Law and Orderparty could be accomplished. And even if conviction could be secured, the representatives of the law found little satisfaction in ordinarypunishment. What they wanted was a fight. 

General Sherman had resigned his command of the military forces indisgust. In his stead was chosen General Volney Howard, a man typical ofhis class, blinded by his prejudices and his passions, filled with asense of the importance of his caste, and without grasp of the broaderaspects of the situation. In the Committee's present attitude he saw notthe signs of a job well done, but indications of weakening, and heconsidered this a propitious moment to show his power. In this attitudehe received enthusiastic backing from Judge Terry and his narrowcoterie. Terry was then judge of the Supreme Court; and a man moreunfitted for the position it would be difficult to find. A tall, attractive, fire-eating Texan with a charming wife, he stood high in thesocial life of the city. His temper was undisciplined and completelygoverned his judgment. Intensely partisan and, as usual with his class, touchy on the point of honor, he did precisely the wrong thing on everyoccasion where cool decision was demanded. 

It was so now. The Law and Order party persuaded Governor Johnson toorder a parade of state troops in the streets of San Francisco. Theargument used was that such a parade of legally organized forces wouldoverawe the citizens. The secret hope, however, which was well founded, was that such a display would promote the desired conflict. This hopethey shared with Howard, after the Governor's orders had been obtained. Howard's vanity jumped with his inclination. He consented to the plot. Amore ill-timed, idiotic maneuver, with the existing state of the publicmind, it would be impossible to imagine. Either we must consider Terryand Howard weak-minded to the point of an inability to reason from causeto effect, or we must ascribe to them more sinister motives. 

By now the Law and Order forces had become numerically more formidable. The lower element flocked to the colors through sheer fright. A certainproportion of the organized remained in the ranks, though a majority hadresigned. There was, as is usual in a new community, a very largecontingent of wild, reckless young men without a care in the world, withno possible interest in the rights and wrongs of the case, or, indeed, in themselves. They were eager only for adventure and offered themselvesjust as soon as the prospects for a real fight seemed good. Then, too, they could always count on the five hundred Texans who had beenimported. 

There were plenty of weapons with which to arm these partisans. Contraryto all expectations, the Vigilance Committee had scrupulously refrainedfrom interfering with the state armories. All the muskets belonging tothe militia were in the armories and were available in different partsof the city. In addition, the State, as a commonwealth, had a right to acertain number of federal weapons stored in arsenals at Benicia. Thesecould be requisitioned in due form. 

But at this point, it has been said, the legal minds of the partyconceived a bright plan. The muskets at Benicia on being requisitionedwould have to cross the bay in a vessel of some sort Until the musketswere actually delivered they were federal property. Now if the VigilanceCommittee were to confiscate the arms while on the transporting vessel, and while still federal property, the act would be piracy; theinterceptors, pirates. The Law and Order people could legally call onthe federal forces, which would be compelled to respond. If theCommittee of Vigilance did not fall into this trap, then the Law andOrder people would have the muskets anyway. [7]

[7: Mr. H. H. Bancroft, in his _Popular Tribunals_, holds that no proofof this plot exists. ]

To carry out this plot they called in a saturnine, lank, drunkenindividual whose name was Hube Maloney. Maloney picked out two men ofhis own type as assistants. He stipulated only that plenty of"refreshments" should be supplied. According to instructions Maloney wasto operate boldly and flagrantly in full daylight. But the refreshmentidea had been rather liberally interpreted. By six o'clock Rube had justsense enough left to anchor off Pueblo Point. There all gave seriousattention to the rest of the refreshments, and finally rolled over tosleep off the effects. 

In the meantime news of the intended shipment had reached theheadquarters of the Vigilantes. 

The Executive Committee went into immediate session. It was evident thatthe proposed disbanding would have to be postponed. A discussionfollowed as to methods of procedure to meet this new crisis. TheCommittee fell into the trap prepared for it. Probably no one realizedthe legal status of the muskets, but supposed them to belong already tothe State. Marshal Doane was instructed to capture them. He called tohim the chief of the harbor police. "Have you a small vessel ready forimmediate service?" he asked this man. "Yes, a sloop, at the foot ofthis street. " "Be ready to sail in half an hour. "

Doane then called to his assistance a quick-witted man named JohnDurkee. This man had been a member of the regular city police until theshooting of James King of William. At that time he had resigned hisposition and joined the Vigilance police. He was loyal by nature, steadyin execution, and essentially quick-witted, qualities that stoodeverybody in very good stead as will be shortly seen. He picked outtwelve reliable men to assist him, and set sail in the sloop. 

For some hours he beat against the wind and the tide; but finally thesebecame so strong that he was forced to anchor in San Pablo Bay untilconditions had modified. Late in the afternoon he was again able to getunder way. Several of the tramps sailing about the bay were overhauledand examined, but none proved to be the prize. About dark the breezedied, leaving the little sloop barely under steerageway. A lesspersistent man than Durkee would have anchored for the night, but Durkeehad received his instructions and intended to find the other sloop, andit was he himself who first caught the loom of a shadow under PuebloPoint. 

He bore down and perceived it to be the sloop whose discovery hedesired. The twelve men boarded with a rush, but found themselves inpossession of an empty deck. The fumes of alcohol and the sound ofsnoring guided the boarding-party to the object of their search and thescene of their easy victory. Durkee transferred the muskets andprisoners to his own craft; and returned to the California Street wharfshortly after daylight. A messenger was dispatched to headquarters. Hereturned with instructions to deliver the muskets but to turn loose theprisoners. Durkee was somewhat astonished at the latter order butcomplied. 

"All right, " he is reported to have said. "Now, you measly hounds, you've got just about twenty-eight seconds to make yourselves as scarceas your virtues. "

Maloney and his crew wasted few of the twenty-eight seconds in starting, but once out of sight they regained much of their bravado. A few drinksrestored them to normal, and enabled them to put a good face on thereport they now made to their employers. Maloney and his friends thenvisited in turn all the saloons. The drunker they grew, the louder theytalked, reviling the Committee collectively and singly, bragging thatthey would shoot at sight Coleman, Truett, Durkee, and several otherswhom they named. They flourished weapons publicly, and otherwise becameobstreperous. The Committee decided that their influence was bad andinstructed Sterling Hopkins, with four others, to arrest the lot andbring them in. 

The news of this determination reached the offending parties. Theyimmediately fled to their masters like cur dogs. Their masters, whoincluded Terry, Bowie, and a few others, happened to be discussing thesituation in the office of Richard Ashe, a Texan. The crew burst intothis gathering very much scared, with a statement that a "thousandstranglers" were at their heels. Hopkins, having left his small posse atthe foot of the stairs, knocked and entered the room. He was faced bythe muzzles of half a dozen pistols and told to get out of there. Hopkins promptly obeyed. 

If Terry had possessed the slightest degree of leadership he would haveseen that this was the worst of all moments to precipitate a crisis. Theforces of his own party were neither armed nor ready. But here, as inall other important crises of his career, he was governed by the haughtyand headstrong passion of the moment. 

Hopkins left his men on guard at the foot of the stairs, borrowed ahorse from a passer-by, and galloped to headquarters. There he wasinstructed to return and stay on watch, and was told that reinforcementswould soon follow. He arrived before the building in which Ashe's officewas located in time to see Maloney, Terry, Ashe, McNabb, Bowie, andHowe, all armed with shot-guns, just turning a far corner. He dismountedand called on his men, who followed. The little posse dogged thejudge's party for some distance. For a little time no attention was paidto them. But as they pressed closer, Terry, Ashe, and Maloney turned andpresented their shot-guns. This was probably intended only as a threat, but Hopkins, who was always overbold, lunged at Maloney. Terry thrusthis gun at a Vigilante who seized it by the barrel. At the same instantAshe pressed the muzzle of his weapon against the breast of a man namedBovee, but hesitated to pull the trigger. It was not at that time assafe to shoot men in the open street as it had been formerly. Barrycovered Rowe with a pistol. Rowe dropped his gun and ran towards thearmory. The accidental discharge of a pistol seemed to unnerve Terry. Hewhipped out a long knife and plunged it into Hopkins's neck. Hopkinsrelaxed his hold on Terry's shot-gun and staggered back. 

"I am stabbed! Take them, Vigilantes!" he said. 

He dropped to the sidewalk. Terry and his friends ran towards thearmory. Of the Vigilante posse only Bovee and Barry remained, but thesetwo pursued the fleeing Law and Order men to the very doors of thearmory itself. When the portals were slammed in their faces they tookup their stand outside; and alone these two men held imprisoned severalhundred men! During the next few minutes several men attempted entranceto the armory, among them our old friend Volney Howard. All were turnedback and were given the impression that the armory was already incharge, of the Vigilantes. After a little, however, doubtless to thegreat relief of the "outside garrison" of the armory, the greatVigilante bell began to boom out its signals: _one, two, three_--rest;_one, two, three_--rest; and so on. 

Instantly the streets were alive with men. Merchants left theircustomers, clerks their books, mechanics their tools. Draymen strippedtheir horses of harness, abandoned their wagons, and rode away to jointheir cavalry. Within an incredibly brief space of time everybody wasoff for the armory, the military companies marching like veterans, theartillery rumbling over the pavement. The cavalry, jogging along at aslow trot, covered the rear. A huge and roaring mob accompanied them, followed them, raced up the side-streets to arrive at the armory at thesame time as the first files of the military force. They found thesquare before the building entirely deserted except for the dauntlessBarry and Bovee, who still marched up and down singlehanded, holding thegarrison within. They were able to report that no one had either enteredor left the armory. 

Inside the building the spirit had become one of stubborn sullenness. Terry was very sorry--as, indeed, he well might be--a Judge of theSupreme Court, who had no business being in San Francisco at all. Swornto uphold the law, and ostensibly on the side of the Law and Orderparty, he had stepped out from his jurisdiction to commit as lawless andas idiotic a deed of passion and prejudice as could well have beenimagined. Whatever chances the Law and Order party might have hadheretofore were thereby dissipated. Their troops were scattered in smallunits; their rank and file had disappeared no one knew where; theirenemies were fully organized and had been mustered by the alarm bell totheir usual alertness and capability; and Terry's was the hand that hadstruck the bell!

He was reported as much chagrined. 

"This is very unfortunate, very unfortunate, " he said; "but you shallnot imperil your lives for me. It is I they want. I will surrender tothem. "

Instead of the prompt expostulations which he probably expected, a deadsilence greeted these words. 

"There is nothing else to do, " agreed Ashe at last. 

An exchange of notes in military fashion followed. Ashe, as commander ofthe armory and leader of the besieged party, offered to surrender to theExecutive Committee of the Vigilantes if protected from violence. TheExecutive Committee demanded the surrender of Terry, Maloney, andPhilips, as well as of all arms and ammunition, promising that Terry andMaloney should be protected against persons outside the organization. Onreceiving this assurance, Ashe threw open the doors of the armory andthe Vigilantes marched in. 

"All present were disarmed, " writes Bancroft. "Terry and Maloney weretaken charge of and the armory was quickly swept of its contents. Threehundred muskets and other munitions of war were carried out and placedon drays. Two carriages then drove up, in one of which was placedMaloney and in the other Terry. Both were attended by a strong escort, Olney forming round them with his Citizens' Guard, increased to abattalion. Then in triumph the Committee men, with their prisoners andplunder enclosed in a solid body of infantry and these again surroundedby cavalry, marched back to their rooms. "

Nor was this all. Coleman, like a wise general, realizing thatcompromise was no longer possible, sent out his men to take possessionof all the encampments of the Law and Order forces. The four bigarmories were cleaned out while smaller squads of men combed the cityhouse by house for concealed arms. By midnight the job was done. TheVigilantes were in control of the situation. 

CHAPTER XVI

THE TRIUMPH OF THE VIGILANTES

Judge Terry was still a thorny problem to handle. After all, he was aJudge of the Supreme Court. At first his attitude was one of apparenthumility, but as time went on he regained his arrogant attitude and fromhis cell issued defiances to his captors. He was aided and abetted byhis high-spirited wife, and in many ways caused the members of theCommittee a great deal of trouble. If Hopkins were to die, they could dono less than hang Terry in common consistency and justice. But theyrealized fully that in executing a Justice of the Supreme Court theywould be wading into pretty deep water. The state and federalauthorities were inclined to leave them alone and let them work out themanifestly desirable reform, but it might be that such an act wouldforce official interference. As one member of the Committee expressedit, "They had gone gunning for ferrets and had coralled a grizzly. "Nevertheless Terry was indicted before the Committee on the followingcounts, a statement of which gives probably as good a bird's eye view ofTerry as numerous pages of personal description:

 Resisting with violence the officers of the Vigilance Committee while in the discharge of their duties. 

 Committing an assault with a deadly weapon with intent to kill Sterling A. Hopkins on June 21, 1856. 

 Various breaches of the peace and attacks upon citizens while in the discharge of their duties, specified as follows:

 1. Resistance in 1853 to a writ of habeas corpus on account of which one Roach escaped from the custody of the law, and the infant heirs of the Sanchez family were defrauded of their rights. 

 2. An attack in 1853 on a citizen of Stockton named Evans. 

 3. An attack in 1853 on a citizen in San Francisco named Purdy. 

 4. An attack at a charter election on a citizen of Stockton named King. 

 5. An attack in the court house of Stockton on a citizen named Broadhouse. 

Before Terry's case came to trial it was known that Hopkins was notfatally wounded. Terry's confidence immediately rose. Heretofore he hadbeen somewhat, but not much, humbled. Now his haughty spirit blazedforth as strongly as ever. He was tried in due course, and was foundguilty on the first charge and on one of the minor charges. On theaccusation of assault with intent to kill, the Committee deliberated afew days, and ended by declaring him guilty of simple assault. He wasdischarged and told to leave the State. But, for some reason or other, the order was not enforced. 

Undoubtedly he owed his discharge in this form to the evident fact thatthe Committee did not know what to do with him. Terry at once took theboat for Sacramento, where for some time he remained in comparativeretirement. Later he emerged in his old rôle, and ended his life bybeing killed at the hands of an armed guard of Justice Stephen Fieldwhom Terry assaulted without giving Field a chance to defend himself. 

While these events were going forward, the Committee had convicted andhanged two other men, Hetherington and Brace. In both instances thecharge was murder of the most dastardly kind. The trials were conductedwith due regard to the forms of law and justice, and the men wereexecuted in an orderly fashion. These executions would not be remarkablein any way, were it not for the fact that they rounded out the completetale of executions by the Vigilance Committee. Four men only were hangedin all the time the Committee held its sway. Nevertheless the manner ofthe executions and the spirit that actuated all the officers of theorganization sufficed to bring about a complete reformation in theadministration of justice. 

About this time also the danger began to manifest itself that some ofthe less conscientious and, indeed, less important members of theCommittee might attempt through political means to make capital of theirconnections. A rule was passed that no member of the Committee ofVigilance should be allowed to hold political office. Shortly after thisdecision, William Rabe was suspended for "having attempted to introducepolitics into this body and for attempting to overawe the ExecutiveCommittee. "

After the execution of the two men mentioned, the interesting trial ofDurkee for piracy, the settlement by purchase of certain private claimsagainst city land, and the deportation of a number of undesirablecitizens, the active work of the Committee was practically over. Itheld complete power and had also gained the confidence of probablynine-tenths of the population. Even some of the erstwhile members of theLaw and Order party, who had adhered to the forms of legality throughprinciple, had now either ceased opposition, or had come over openly tothe side of the Committee. Another date of adjournment was decided upon. The gunnybag barricades were taken down on the fourteenth of August. Onthe sixteenth, the rooms of the building were ordered thrown open to allmembers of the Committee, their friends, their families, for a grandreception on the following week. It was determined then not todisorganize but to adjourn _sine die_. The organization was still to beheld, and the members were to keep themselves ready whenever the needshould arise. But preparatory to adjournment it was decided to hold agrand military review on the eighteenth of August. This was to leave afinal impression upon the public mind of the numbers and powder of theCommittee. 

The parade fulfilled its function admirably. The Grand Marshal and hisstaff led, followed by the President and the Military Commanding Generalwith his staff. Then marched four companies of artillery with fifteenmounted cannon. In their rear was a float representing Fort Gunnybagswith imitation cannon. Next came the Executive Committee mounted, ridingthree abreast; then cavalry companies and the medical staff, whichconsisted of some fifty physicians of the town. Representatives of theVigilance Committee of 1851 followed in wagons with a banner; then fourregiments of infantry, more cavalry, citizen guards, pistol men, Vigilante police. Over six thousand men were that day in line, alldisciplined, all devoted, all actuated by the highest motives, andconscious of a job well done. 

The public reception at Fort Gunnybags was also well attended. Every onewas curious to see the interior arrangement. The principal entrance wasfrom Sacramento Street and there was also a private passage from anotherstreet. The doorkeeper's box was prominently to the front where each oneentering had to give the pass-word. He then proceeded up the stairs tothe floor above. The first floor was the armory and drill-room. Aroundthe sides were displayed the artillery harness, the flags, bulletin-boards, and all the smaller arms. On one side was a lunch standwhere coffee and other refreshments were dispensed to those on guard. On the opposite side were offices for every conceivable activity. Animmense emblematic eye painted on the southeast corner of the roomglared down on each as he entered. The front of the second floor wasalso a guard-room, armory, and drilling floor. Here also was painted theeye of Vigilance, and here was exhibited the famous ballot-box whosesides could separate the good ballots from the bad ballots. Here alsowere the meeting-rooms for the Executive Committee and a number of cellsfor the prisoners. The police-office displayed many handcuffs, tools ofcaptured criminals, relics, clothing with bullet holes, ropes used forhanging, bowie-knives, burglar's tools, brass knuckles, and all theother curiosities peculiar to criminal activities. The third story ofthe building had become the armorer's shop, and the hospital. Eight orten workmen were employed in the former and six to twenty cots weremaintained in the latter. Above all, on the roof, supported by a strongscaffolding, hung the Monumental bell whose tolling summoned theVigilantes when need arose. 

Altogether the visitors must have been greatly impressed, not only withthe strength of the organization, but also with the care used inpreparing it for every emergency, the perfection of its discipline, andthe completeness of its equipment. When the Committee of Vigilance of1856 adjourned subject to further call, there must have been in mostmen's minds the feeling that such a call could not again arise for yearsto come. 

Yet it was not so much the punishment meted out to evil-doers thatmeasures the success of the Vigilante movement. Only four villains werehanged; not more than thirty were banished. But the effect was the sameas though four hundred had been executed. It is significant that notless than eight hundred went into voluntary exile. 

"What has become of your Vigilance Committee?" asked a stranger naïvely, some years later. 

"Toll the bell, sir, and you'll see, " was the reply[8]. 

[8: Bancroft, _Popular Tribunals_, 11, 695. ]

BIBLIOGRAPHICAL NOTE

California has been fortunate in her historians. Every student of thehistory of the Pacific coast is indebted to the monumental work ofHubert H. Bancroft. Three titles concern the period of the Forty-niners:_The History of California_, 7 vols. (1884-1890); _California InterPocula, 1848-56_ (1888); _Popular Tribunals_, 2 vols. (1887). Secondonly to these volumes in general scope and superior in some respects isT. H. Hittell's _History of California_, 4 vols. (1885-1897). Two othergeneral histories of smaller compass and covering limited periods areI. B. Richman's _California under Spain and Mexico, 1535-1847_ (1911), and Josiah Royce's _California, 1846-1856_ (1886). The former is ascholarly but rather arid book; the latter is an essay in interpretationrather than a narrative of events. One of the chief sources ofinformation about San Francisco in the days of the gold fever is _TheAnnals of San Francisco_ (1855) by Soulé and others. 

Contemporary accounts of California just before the American occupationare of varying value. One of the most widely read books is R. H. Dana's_Two Years before the Mast_ (1840). The author spent parts of 1835 and1836 in California. _The Personal Narrative of James O. Pattie_ (1831)is an account of six years' travel amid almost incredible hardships fromSt. Louis to the Pacific and back through Mexico. W. H. Thomes's _On Landand Sea, or California in the Years 1843, '44, and '45_ (1892) givesvivid pictures of old Mexican days. Two other books may be mentionedwhich furnish information of some value: Alfred Robinson, _Life inCalifornia_ (1846) and Walter Colton, _Three Years in California_(1850). 

Personal journals and narratives of the Forty-niners are numerous, butthey must be used with caution. Their accuracy is frequently open toquestion. Among the more valuable may be mentioned Delano's _Life on thePlains and among the Diggings_ (1854); W. G. Johnston's _Experience of aForty-niner_ (1849); T. T. Johnson's _Sights in the Gold Region andScenes by the Way_ (1849); J. T. Brooks's _Four Months among theGold-Finders_ (1849); E. G. Buffum's _Six Months in the Gold Mines_(1850)--the author was a member of the "Stevenson Regiment"; JamesDelevan's _Notes on California and the Placers: How to get there andwhat to do afterwards_ (1850); and W. R. Ryan's _Personal Adventures inUpper and Lower California, in 1848-9_ (1850). 

Others who were not gold-seekers have left their impression ofCalifornia in transition, such as Bayard Taylor in his _Eldorado_, 2vols. (1850), and J. W. Harlan in his _California '46 to '88_ (1888). Thelatter was a member of Frémont's battalion. The horrors of the overlandjourney are told by Delano in the book already mentioned and by W. L. Manly, _Death Valley in '49_ (1894). 

The evolution of law and government in primitive mining communities isdescribed in C. H. Shinn's _Mining Camps. A Study in American FrontierGovernment_ (1885). The duties of the border police are set forth withthrilling details by Horace Bell, _Reminiscences of a Ranger or EarlyTimes in Southern California_ (1881). An authoritative work on theMormons is W. A. Linn's _Story of the Mormons_ (1902). 

For further bibliographical references the reader is referred to thearticles on _California, San Francisco, The Mormons_, and _Frémont_, in_The Encyclopaedia Britannica_, 11th Edition. 

 INDEX

 Alvarado, Governor of California, 15-16, 18, 23 "Arcadian Age, " 58-62 Ashe, Richard, 251, 252

 Baker, Edward, Colonel, 236, 244 "Bear Flag Revolution, " 32-36 Benton, T. H. , father-in-law to Frémont, 29; exerts influence in Frémont's behalf, 40 Bluxome, Isaac, 202, 204 Bovee, 253 Bowie, 251, 252 Brannan, Sam, 56-57, 155, 189

 Cahuenga, Treaty of (1847), 42 California, inhabitants, 1 occupation by Spain, 2 et seq classes, 5-6 life of early settlers, 6 et seq advent of foreign residents, 13 et seq population in 1840, 16-17 arrival of two parties of settlers (1841), 17 Frémont's expedition, 29 military conquest by U. S. , 30 et seq. Mexican laws in, 46-50; constitutional convention (1849), 50-52 influence of discovery of gold, 52-54 overland migration to, 67 et seq journey by way of Panama to, 96 et seq life in the gold fields, 107 et seq city life in 1849, 119 et seq law, 174-176; politics, 176-180 financial stringency (1855), 181-183 _California Star_, the, 123 Carson, Kit, 38 Casey, J. P. , 191, 192 et seq, 220 et seq Chagres in 1849, 99-100 Cole, Beverly, 202 Coleman, W. T. , 201, 202, 204, 205, 211 et seq, 251 Cora, Charles, trial of, 189-191 re-trial by Vigilantes, 225-226

 _Daily Evening Bulletin_, 184-188, 190 Delano, 75 Dempster, Clancey, 201, 202, 204 Den, Nicholas, 14 Doane, Charles, 219 Donner party, 26 Dows, James, 202 Duane, Charles, 235 Durkee, John, 249-251

 Farragut, David, 242 Farwell, 201 Frémont, J. C. , expedition, 29 et seq personal characteristics, 40-41, 44-45 negotiates treaty with Californians, 42 appointed Governor of California, 42 asks permission to form expedition against Mexico, 43-44 court-martialed and dismissed from service, 44 Gatun in 1849, 100-01 Gavilán Peak, U. S. Flag raised at, 30 Gift, Colonel, 218 Gillespie, Lieutenant, 30, 31-32 Gold, influence of discovery upon life in California, 52-54; discovered by Marshall (1848), 55; news brought to East, 62; influence in Europe, 65-66; the diggings, 106 et seq. Graham, Isaac, 15-16 Green, Talbot, 172

 Harlan, William, account of overland journey, 68-69; quoted, 121; experience in San Francisco, 128; Hartnell, 14 _Herald_, 200 Hittell, T. H. , recounts incidents of overland journey, 70, 72 Hopkins, Sterling, 251, 252 Hossefross, 202 "Hounds, " The, 137-39 Howard, Volney, 241, 244, 245, 246

 Ide, W. B. , 34 Indian menace to immigrant trains, 71

 Jenkins, John, trial of, 153-156 Johnson, J. N. , Governor of California, 210 et seq. Johnston, Captain, 38

 Kearny. General Stephen Watts, 37 et seq. Kearny, Woolley, 235 Kelly, John, 115 King, James, of William, 183, 184 et seq. , 207-08, 227

 Larkin, T. O. , 28-29 "Law and Order" party, 179, 208; clash with Vigilantes, 236 et seq. Leese, Jacob, 33

 McGlynn, J. A. , 129-30 McGowan, Edward, 195-96, 235 McLean, William, 235 McNabb, 252 Maloney, Rube, 248, 251, 252 Marshall, James, discovers gold, 55 Mason, Colonel R. B. , 46 Meiggs, Harry, 172 Merritt, 33 Mesa, Battle of the, 41 Mexican government in California, attitude toward settlers, 17-19, 27 Mexican War, influence upon affairs in California, 35 Missions established by "Sacred Expedition, " 3 Montgomery, Lieutenant, 35 Mormons, 19-20, 56-57, 77 et seq. Mountain Meadows massacre, 95 Musgrave, J. D. , 235

 Oregon question, effect upon Western migration, 20-21, 55 Oregon Trail, 21-22

 Panama as a route to California, 96 et seq. Panama, city of, in 1849, 102-103 Pattie, James, 14 Pico, Andrés, 37 Portolá, 2 Pratt, P. P. , 80

 "Regulators, " the, 136-37 Richardson, William, 189 Rigdon, Sidney, 80 Rowe, 252 Ryan, W. R. , quoted, 7, 120-21

 "Sacred Expedition, " 2 San Diego, first mission founded (1769), 13 San Francisco, before discovery of gold, 123; effect of discovery of gold, 123-24; in 1849, 124 et seq. ; fire of Dec. 4, 1849, 141; later fires, 142; Volunteer Fire Department, 143-46; civic progress, 146-49; population in 1851, 150-51; in the mid-fifties, 159 et seq. San Gabriel River, Battle of (1847), 41 San Pascual, Battle of, 38 Santa Fé, 14 Semple, 33 Serra, Father Junípero, 2 Sherman, W. T. , 208-09, 242-243, 245 Sloat, Commodore J. D. , 35, 36 Smith, Growling, 48 Smith, Jedediah, 15 Smith, Joseph, Jr. , founder of the Mormon Church, 77-79; as a leader, 79-80; death, 85 Smith, Peter, claims against city of San Francisco, 170 Sonoma captured, 32-35 Spain, religious occupation of California, 2 et seq. ; discourages immigration into, 13 Spence, David, 14 Stockton, Robert, Commodore, 36 et seq. ; quarrels with Kearny, 38-39 Stuart, James, 151-52 _Sunday Times_, the, 192 Sutler, Captain J. A. , 23-26 Sutter's Fort, 24, 25, 29, 30, 33, 106 "Sydney Ducks, " 136, 234

 Terry, Judge, 241, 242, 243, 245-46, 251, 252 Thomes, W. H. , quoted, 9 _Three Weeks in the Gold Mines_, Simpson, 64 Truett, 201, 220, 251

 Vallejo, General, 18 Vigilantes, of 1851, 150 et seq. ; of 1856, 231 et seq. 

 Walker, Joseph, 29, 30 White, James, 235 Wightman, Peter, 235 Wool, General, 242

 Yerba Buena, _see_ San Francisco Young, Brigham, 85-88, 89, 90, 91