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CHAPTER V

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A rush to newly discovered gold fields bring in view every trait of human character. The more vicious standing out in bold relief, and stamping their impress upon the locality. This phase and most primitive situation can be accounted for partly by the cupidity of mankind, but mainly that the first arrivals are chiefly adventurers. Single men, untrammeled by family cares, traders, saloonists, gamblers, and that unknown quantity of indefinite quality, ever present, content to allow others to fix a status of society, provided they do not touch on their own special interests, and that other, the unscrupulous but active professional politician, having been dishonored at home, still astute and determined, seeks new fields for booty, obtain positions of trust and then consummate peculation and outrage under the forms of law. But the necessity for the honest administration of the law eventually asserts itself for the enforcement of order.

It was quaintly said by a governor of Arkansas, that he believed that a public official should be "reasonably honest." Even should that limited standard of official integrity be invaded the people with an honest ballot need not be long in rectifying the evil by legal means. But cannot something be said in palliation of summary punishment by illegal means, when it is notorious and indisputable that all machinery for the execution of the law and the maintenance of order, the judges, prosecuting attorneys, sheriff and drawers of jurors, and every other of court of law are in the hands of a despotic cabal who excessively tax, and whose courts convict all those who oppose them, and exonerate by trial the most farcical, the vilest criminal, rob and murder in broad day light, often at the bidding of their protectors. Such a status for a people claiming to be civilized seems difficult to conceive, yet the above was not an hypothesis of condition, but the actual one that existed in California and San Francisco, especially from 1849 to 1855. Gamblers and dishonest politicians from other States held the government, and there was no legal redress. Every attempt of the friends of law and order to elect honest men to office was met at the polls by vituperation and assault.

One of the means for thinning out the ranks of their opponents at the polls they found very efficient. It was to scatter their "thugs" along the line of waiting voters and known opposers, and quickly and covertly inject the metal part of a shoemaker's awl in the rear but most fleshy part of his adversary's anatomy, making sitting unpleasant for a time. There was usually uncertainty as to the point of compass from which the hint came to leave, but none as to the fact of its arrival. Hence the reformer did not stand on the order of his going, but generally left the line. These votes, of course, were not thrown out, for the reason they never got in. It diminished, but did not abolish the necessity of stuffing ballot boxes. In the West I once knew an old magistrate named Scott, noted for his impartiality, but only called Judge Scott by non-patrons of his court, who had never came within the purview of his administration, to others he was known as "old Necessity," for it was said he knew no law. Revolutions, the beneficial results of which will ever live in the history of mankind, founded as they were on the rights of human nature and desire for the establishment and conservation of just government, have ever been the outgrowth of necessity.

Patient in protest of misgovernment, men are prone to "bear the ill they have" until, like the accumulation of rills on mountain side, indignation leaps the bounds of legal form and prostrate law to find their essence and purpose in reconstruction. At the time of which I write, there seemed nothing left for the friends of law, bereft as they were of all statutary means for its enforcement, but making a virtue of this necessity by organizing a "vigilance committee" to wrench by physical strength that unobtainable by moral right. There had been no flourish of trumpets, no herald of the impending storm, but the pent up forces of revolution in inertion, now fierce for action, discarded restraint. Stern, but quiet had been the preparation for a revolution which had come, as come it ever will, with such inviting environments. It was not that normal status, the usual frailties of human nature described by Hooker as "stains and blemishes that will remain till the end of the world, what form of government, soever, may take place, they grow out of man's nature." But in this event the stains and blemishes were effaced by a common atrocity.

Sitting at the back of my store on Clay street a beautiful Sunday morning, one of those mornings peculiar to San Francisco, with its balmy breezes and Italian skies, there seemed an unusual stillness, such a quiet as precedes the cyclone in tropical climes, only broken occasionally by silvery peals of the church bells. When suddenly I heard the plank street resound with the tramp of a multitude. No voice or other sound was heard but the tramp of soldiery, whose rhythm of sound and motion is ever a proclamation that thrills by its intensity, whether conquest or conservation be its mission. I hastened to the door and was appalled at the sight. In marching column, six or eight abreast, five thousand men carrying arms with head erect, a resolute determination born of conviction depicted in linament of feature and expression.

Hastily improvised barracks in large storehouses east of Montgomery street, fortified by hundreds of gunny sacks filled with sand, designated "Fort Gunney," was the quarters for committee and soldiers. The committee immediately dispatched deputies to arrest and bring to the Fort the leaders of this cabal of misgovernment. The effort to do so gave striking evidence of the cowardice of assassins. Men whose very name had inspired terror, and whose appearance in the corridors of hotels or barrooms hushed into silence the free or merry expression of their patrons, now fled and hid away "like damned ghosts at the smell of day" from the popular uprising of the people. The event which precipitated the movement – the last and crowning act of this oligarchy – was the shooting of James King, of William, a banker and publisher of a paper dedicated to the exposure and denunciation of this ring of dishonest officials and assassins. It was done in broad daylight on Montgomery Street, the main thoroughfare of the city. Mr. King, of William County, Maryland, was a terse writer, a gentleman highly esteemed for integrity and devotion to the best interests of his adopted State. Many of the gang who had time and opportunity hid on steamers and sailing vessels to facilitate escape, but quite a number were arrested and taken to Fort Gunny for trial. One or two of the most prominent took refuge in the jail – a strong and well-appointed brick building – where, under the protection of their own hirelings in fancied security considered themselves safe. A deputation of the committee from the fort placed a cannon at proper distance from the entrance to the jail. With a watch in his hand, the captain of the squad gave the keepers ten minutes to open the doors and deliver the culprits. I well remember the excitement that increased in intensity as the allotted period diminished; the fuse lighted, and two minutes to spare; the door opened; the delivery was made, and the march to Fort Gunny began. A trial court had been organized at which the testimony was taken, verdict rendered, and judgment passed. From a beam projecting over an upper story window, used for hoisting merchandise, the convicted criminals were executed.

The means resorted to for the purification of the municipality were drastic, but the ensuing feeling of personal safety and confidence in a new administration appeared to be ample justification. Much has been said and written in defense and in condemnation of revolutionary methods for the reformation of government. It cannot but be apparent that when it is impossible to execute the virtuous purposes of government, the machinery having passed to notorious violators, who use it solely for vicious purpose, there seems nothing left for the votaries of order than to seize the reins with strong right arm and restore a status of justice that should be the pride and glory of all civilized people.

But what a paradox is presented in the disregard for law and life today in our common country, including much in our Southland! It is a sad commentary on the weakness and inconsistencies of human nature and often starts the inquiry in many honest minds, as a remedial agency, is a republican form of government the most conducive in securing the blessings of liberty of which protection to human life is the chief?

For the actual reverse of conditions that existed in California in those early days are present in others of our States today. All the machinery and ability for the just administration of the law are in the hands of those appointed mainly by the ballot of the intelligence and virtue of these States, who, if not participants, are quite as censurable for their "masterly inactivity" in having allowed thousands of the most defenceless to be lynched by hanging or burning at the stake. That there have been cases of assault on women by Negroes for which they have been lynched, it is needless to deny. That they have been lynched for threatening to do bodily harm to white men for actual assaults on the Negro wife and daughter is equally true. The first should be denounced and arrested (escape being impossible) and by forms of law suffer its extreme penalty. The other for the cause they were murdered should have the highest admiration and the most sincere plaudits from every honest man. Is it true that "he is a slave most base whose love of right is for himself and not for all the race," and that the measure you mete out to others – the same shall be your portion. All human history verifies these aphorisms; and that the perpetrators and silent abettors of this barbarism have sowed to the winds a dire penalty, already being reaped, is evidenced by disregard of race or color of the victim when mob law is in the ascendant. And further, as a salvo for their own acts, white men are allowing bad Negroes to lynch others of their kind without enforcing the law.

The Negro, apish in his affinity to his prototype in a "lynching bee," is beneath contempt.

Shadow and Light

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