In front of the building on a high platform, two menstood.... A half suppressed roar went up from the throng.]
CHAPTER XLVII
HINTS OF CIVIL WAR
After the hanging a temporary reaction took place--a let-down from thehectic, fevered agitations of preceding days. Members of the Law andOrder Party were secretly relieved by the removal of Casey and Cora.
"Now that they've shot their bolt, we'll have peace," said HallMcAllister to Broderick. But the latter shook his head. "They've onlystarted, Mac," he answered, "don't deceive yourself. These Vigilantesare business men; they've a business-like organization. Citizens arestill enlisting ... seven thousand now, I understand."
"Damn them!" said the lawyer, broodingly, "what d'ye think they'll be upto next?"
"Don't damn them too much." Broderick's smile held a grim sort of humor."They're going to break up a political organization it's taken me yearsto perfect. That ought to please you a little."
McAllister laughed. The two men shook hands and parted. They werepolitical enemies--McAllister of the Southern or "Chivalry" clan, whichyearned to make a slave State out of California; Broderick anuncompromising Northerner and Abolitionist. Yet they respected oneanother, and a queer, almost secret friendship existed between them.Farther down the street Broderick met Benito. "I've just been talkingwith your boss," he said.
"No longer," Windham informed him. "McAllister didn't like my Vigilanteleanings. So we parted amiably enough. I'll study law on my own hookfrom now on. I've had a bit of good luck."
"Ah," said the other. "Glad to hear it. An inheritance?"
"Something like it," Windham answered. "Do you remember when I went tothe mines I met a man named Burthen? Alice's father, you know. We had amining claim together," His brow clouded. "He was murdered at theEldorado.... Well, that's neither here nor there.... But it left me theclaim. I didn't think it was worth much. But I've sold it to an Easternsyndicate."
"Good!" cried Broderick. "Congratulations."
They shook hands. "Ten thousand," Benito informed him. "We've had anoffer for the ranch, too. Company wants to make it into smallallotments.... Think of that! A few years ago we were far in thecountry. Now it's suburban property. They're even talking ofstreet cars."
* * * * *
At Vigilante Headquarters Benito found unusual activity. Drays werebacking up to the doors, unloading bedding, cots, a number ofcook-stoves. Men were carrying in provisions. Coleman came out withBluxome. They surveyed the work a moment, chatting earnestly,then parted.
"We're equipping a commissary and barracks," thus a member informedBenito. "Doesn't look much like disbanding, does it? The Chivs. thinkwe're through. No such luck. This is costing me $50 a day in mybusiness," he sighed. "We've got a dozen blacklegs, shoulder-strikersand ballot-stuffers in there now, awaiting trial. We've turned all thepetty offenders over to the police."
Benito laughed. "And have you noticed this: The Police Courts areconvicting every single one of them promptly!"
"Yes, they're learning their lessons ... but we've trouble ahead. TheseSoutherners and politicians have the Governor in their pocket. He's senttwo men to Washington to ask the President for troops. Farragut hasbeen asked to bombard the city. He's refused. But General Wool haspromised them arms from Benicia if the Governor and Sherman prove thatanarchy exists."
"They can't," Benito contended.
"Not by fair means, no.... But that won't stop them. Yesterday ChiefJustice Terry of the Supreme Court issued a habeas corpus writ for BillyMulligan, Harrison came down today and served it."
"What happened?" asked Benito, eagerly.
"Well, the hotheads wanted to resist--to throw him out. But Bluxome sawthrough the scheme--to get us on record as defying Federal authority. Sohe hid Billy Mulligan and let Harrison search. Of course he found noone. We were politely regretful."
"Which settles that," remarked Benito, chuckling.
"Not so fast, old boy!" the other Vigilante cautioned. "Harrison's nofool. He couldn't go back outwitted.... So he simply lied. Wrote on thewarrant, 'service resisted by force.'"
* * * * *
On the following day Major General Sherman of the State Militia receivedthe following document, dated "Executive Department, Sacramento, June2d, 1856":
Information having been received by me that an armed body of men are now organized in the City and County of San Francisco, in this State, in violation of law; and that they have resisted the due execution of law by preventing a service of a writ of habeas corpus duly issued; and that they are threatening other acts of violence and rebellion against the constitution and the laws of the State; you are hereby commanded to call upon such number as you may deem necessary of the enrolled militia, or those subject to military duty, also upon all the voluntary independent companies of the military division under your command--to report, organize, etc., and act with you in the enforcement of the law.
J. NEELY JOHNSON.
* * * * *
Two days after the Governor's proclamation half a dozen of the prisonersin "Fort Gunnybags" were exiled by the Vigilance Committee. Each, aftera regular and impartial trial, was found guilty of offenses against thelaw. The sentence was banishment, with death as the penalty for return.Under a strong guard of Vigilance Committee police the malodorous sextetwere marched through town, and placed aboard the steamer Hercules. Asquad of Vigilantes remained until the vessel left her dock to see thatthey did not escape. Thus did the Committee answer Governor Johnson'sproclamation. The fortification of the Vigilante Headquarters went on.Hundreds of gunnysacks filled with sand were piled in front of thebuilding as a protection against artillery fire. This continued for daysuntil a barricade ten feet high and six feet thick had been erected withembrasures for cannon and a loop-holed platform for riflemen. Cannonwere placed on the roof of the building where the old Monumentalfirebell had been installed as a tocsin of war.
In the meantime Sherman was enrolling men. They came in rather fast,most of them law-breakers seeking protection, and a small minority ofreputable citizens honestly opposed to Vigilante methods. But thearmories were bare of rifles and ammunition. Sherman dispatched a hastyrequisition to General Wool, reminding him of his promise. Days passedand no arms arrived. The new recruits were calling for them. Some ofthem drilled with wooden staves and were laughed at. They quit indisgust. Then Sherman went to Sacramento. Something was wrong. Johnson,nervous and distraught, showed him a letter from General Wool. It wasbriefly and politely to the effect that he had no authority to issuearms without a permit from the War Department.
Sherman, always for action, seized his hat. "Come," he said, as thoughthe Governor were a subaltern. "We'll go to Benicia. We must have a talkwith General Wool." And the Governor went.
But Wool, though courteous, proved obdurate. The militia remainedunarmed.
CHAPTER XLVIII
SHERMAN RESIGNS
On Saturday, June 7, Benito found Coleman sitting at his desk in theexecutive chamber of Fort Gunnysacks. His usually cheerful countenancewore an anxious look, a look of inner conflict. He glanced up, almoststartled, as Benito entered.
"Fred Macondray and his party are outside," said Windham. "They wouldlike to see you."
"What do they wish?" asked Coleman in a harassed tone.
"They're leaving for Benicia today to see the Governor," Benitoanswered. "Want your final word on mediation matters."
Coleman rose with a brisk movement. He paced the room half a dozentimes, his hands behind him, his head slightly bent, before he spoke.
"Bring 'em in. Call Bluxome and as many of the Executive Committee asyou can find."
Benito departed. Presently there filed into the room nine gentlemen,headed by Macondray. They belonged neither to the Vigilantes nor to theLaw and Order Party. And they were now bent on averting a clashbetween the two.
"William,"
Macondray, acting as the spokesman, "what message shall wetake the Governor?"
Bluxome, Smiley, Dempster and others of the Executive Committee entered.Coleman explained to them the purpose of Macondray and his friends."What shall we say to them, boys?" he asked.
"Put it in your own words," Bluxome said. "We'll stand by what yousay."
Coleman faced Macondray and his companions. "Tell J. Neely Johnson," heannounced, "that if he will consent to withdraw his proclamation wewill, on our part, make no further parade of our forces on the street,nor will we resist by force any orders of the court."
Bluxome and his companions nodded. Macondray looked a trifle puzzled."Suppose he declines to withdraw the proclamation?" he asked,hesitatingly.
"Then," the voice of Coleman rang, "we promise nothing."
* * * * *
On the boat which took them to Benicia, Macondray and his friends metMajor-General Sherman of the State Militia. They found him striding upand down the deck, chewing his cigar. Macondray and he compared notes.Sherman had been summoned for an interview with Johnson. The Governorplanned a final onslaught of persuasion, hoping General Wool wouldchange his mind; would furnish arms for the militia.
"If he doesn't, it's useless. Men can't fight without guns." Macondraythought he noted an undertone of relief in Sherman's words.
"Do you think he'll give them to you?" Macondray asked in an undertone.Sherman slowly shook his head. He walked away, as though he dreadedfurther questioning.
* * * * *
At Benicia, Sherman and the Macondray party rode up in the same 'bus tothe Solano House. Sherman was admitted at once. The committee was askedto wait. Sherman entered a room blue with tobacco smoke. It containedfour men, besides the Governor: Chief Justice David S. Terry, a tall manwith a hard face, sat tilted back in a chair, his feet on the Governor'stable. He had not taken off his hat. Without moving or apparentlylooking in that direction, he spat at regular intervals toward thefireplace. Near him sat Edward S. Baker, statesmanlike, impressive,despite his drink-befuddlement; Edward Jones, of Palmer, Cook & Co.,smaller, shrewd, keen and avaricious-eyed, was pouring a drink from adecanter; Volney Howard, fat, pompous, aping a blase, decadent manner,stood, as usual, near the mantel.
They all looked up as Sherman entered. Terry favored him with ahalf-concealed scowl; Howard with an open sneer; Jones with deprecatinghostility. Baker smiled. The Governor, who seemed each day to grow morenervous and irritable, held out his hand.
"Well, well, Sherman," he greeted, "glad to see you." Then his brow knitin a kind of puzzled provocation. "What's that Vigilante Committee doinghere with you?"
Terry grunted and spat. Sherman looked them over with a repulsion hecould not completely conceal. They were men of violent prejudices. Itwas bad to see the Governor so completely in their grasp.
"They are not Vigilantes, your Excellency," he began with punctilioushauteur.
"The hell they're not!" said Terry.
Sherman ignored him completely. "My meeting with them was purelycasual," he resumed. "They are prominent, impartial citizens of SanFrancisco, seeking to make peace. They have, I understand, seen Coleman;are prepared to offer certain compromises."
"Aha!" cried Howard, "the rabble is caving in. They're ready to quit."
Johnson looked at Sherman as if for confirmation. He shook his head."Far from it."
"Cannot they state their business in writing?" asked Johnson.
"Send them packing, the damned pork merchants!" Terry said, as ifissuing a command.
Again the Governor seemed to hesitate. Again his glance soughtSherman's. "That would be unwise," returned the soldier.
The Governor summoned a clerk. "Ask the committee to put their businessin writing!" he ordered. When the man had gone he once more addressedSherman: "Wool absolutely refuses to provide the militia with arms."
Terry's fist smote the table with a crash. A stream of vituperationissued from his lips. General Wool, the Vigilance Committee and AdmiralFarragut were vilified in terms so crude that even the other mensurveyed the Chief Justice with distaste.
Sherman turned to the door. "Governor, I've had enough of this," hespoke sharply. "I shall send you my resignation tonight." He went out,leaving Johnson to mutter distressedly. "Never mind," said Terry, "givehis job to Volney. He'll drive the damned pork merchants into the sea."
"What about rifles and ammunition?" asked Howard with suddenpracticality.
They looked at each other blankly. Then the wily Jones came forward witha shrewd suggestion. "Wool can't refuse you the regular quota of armsfor annual replenishment," he said. "Get those by requisition. Ship themdown to San Francisco. Reub Maloney is here. He'll carry them down ina sloop."
"But they're only a few hundred guns," said the Governor.
"They'll help," contended Jones. "They'll make a showing."
"Suppose Coleman hears about it; he'll seize them on the bay."
"Then he'll commit an act of 'piracy'," Baker said, explosively.
Terry took his feet from the table, rose. "By God!" he exclaimed,"there's an idea! Piracy! A capital offense!" He crammed his hands intohis pockets and strode heavily up and down.
"Coleman's not likely to hear of our sending these arms," said theGovernor.
Jones poured another drink and sipped it. "Isn't he, though?" He laughedsoftly. "You fellows just leave that to me." He caught up his hatand went out.
"A smart little man," remarked Howard Baker, complacently.
CHAPTER XLIX
TERRY STABS HOPKINS
The peace-makers took an early boat for San Francisco. They werehopelessly alienated from the Law and Order Party. After somedeliberation they decided to call a mass meeting in front of theOriental Hotel. Thus they hoped to make the Vigilante sentimentpractically unanimous and request through popular acclaim, a withdrawalof the Governor's proclamation.
Early on June 14, the day appointed, citizens began to gather at Bushand Battery streets; by noon they blocked both thoroughfares andoverflowed into Market street. Each window, roof and balcony near by wasfilled. Women in their summer finery lent gay splashes of color, wavedparasols or handkerchiefs excitedly at their acquaintances below.
Inez Windham called to David Broderick, who was passing, "There's roomfor one more on our balcony. Come up." As he stood behind her in thewindow, stooping a little, she looked eagerly into his careworn face."One might think it was a circus." He smiled.
"You remind me of champagne, you San Franciscans. The inherent qualityof you is sparkle.... Even if an earthquake came along and swallowedyou, I think you'd go down with that same light, laughing nonchalance."
Mrs. Stanley made a moue at him. "You find us--different from yourEastern ladies, Mr. Broderick?" she asked expectantly.
He considered for a moment. "Sometimes I think it is the land morethan the women. They come from everywhere--with all their variedprejudices, modes, conventions. But, after a time, they becomeCalifornians--like you."
"That's what Benito says," returned his sister. "He's daft about SanFrancisco. He calls it his Golden City. I think"--she leaned nearer,"but you must not say I told you--I think he has written poetryabout it."
"Ah, yes," said Broderick, "he has that strain. And how is Alice?"
"Alice is well," he heard Inez say. Then a great shout from the streetsilenced their converse. Colonel Bailie Peyton was speaking.
"We are here to consider principles of the first magnitude and which mayresult in the shedding of innocent blood. One of the objects of thismeeting is to prevent so dire a calamity.
"The Vigilance Committee must be sustained or put down. If they are putdown it must be at the point of the bayonet. The question is whether weshall appeal to the Governor to put them down in this way, or whether weshall ask him to withdraw his opposition."
He looked up at the balconies across the street.
"The Vigilance Committeemen have the prayers of the churches on theirside
, and the smiles of the ladies--God bless them."
There were cheers and applause.
Again his voice rose to crescendo:
"Let us show the Governor that if he fights the Committee he will haveto walk over more dead bodies than can be disposed of in the cemetery.Let us indorse all the Committeemen have done. Let us be ready to fightfor them if necessary."
The crowd broke into wild huzzas. Volney Howard and Richard Ashe, thenaval officer, paused on a near-by corner, attracted by the uproar.Howard scowled and muttered something about "damned pork merchants,"but he looked uneasy.
* * * * *
The Vigilance Committee, undaunted by Governor Johnson's proclamation orthe efforts of the Law and Order element, continued quietly the work ofridding San Francisco of its criminals and undesirables.
On June 10 the National Guard of San Francisco disbanded and MarshalHampton North resigned. Rumor had it that the Vigilance Committee's workwas finished. On July 4 they would disband with a great publicdemonstration, it was rumored. Coleman did not deny this.
On July 19 came news that rifles and ammunition were being shipped fromBenicia; Wool was said at last to have capitulated. But it turned out tobe a small annual replenishment order of 130 muskets with a few roundsof powder and ball. Later came the exciting rumors that John Durkee,Charles Rand and a crew of ten men had captured the sloop carrying thesearms on the bay; had arrested Reuben Maloney, John Phillips and a mannamed McNab. The arms were brought to Committee Headquarters in SanFrancisco. On arrival there, perhaps through oversight, the prisonerswere released.