



Produced by David Schwan.  HTML version by Al Haines.










The Vigilance Committee of '56.



By a Pioneer California Journalist

[James O'Meara]




Chapter I.


Many accounts of the Vigilance Committee of San Francisco have been
published, but all of them, so far as I have seen, were from the pen of
members of that organization, or else from persons who favored it. As a
consequence their accounts of it were either partial, to a greater or
less degree, or imperfect otherwise; and much has been omitted as well
as misstated and misrepresented otherwise. I was not a member of the
Vigilance Committee, nor was I a member of the opposing organization,
known as the Law and Order body, of which General Sherman was the head
and Volney E. Howard next in rank. I have never been in favor of mob or
lynch-law in any form, and, therefore, had neither sympathy with nor
disposition to join the Vigilance Committee. And while I was earnestly
in support of Law and Order, I did not feel that I could better subserve
that cause by joining the organization formed at that time, for the
avowed purpose of maintaining the one and enforcing the other. I had
many friends on each side, and I also knew many in each organization who
were unworthy of fellowship in any good or honorable cause or
association; and some of these bore prominent rank in each organization.
As was said of the Regulators of Texas, who directed their energies
chiefly against horse thieves and robbers, that some of the worst and
most guilty of them hastened to join the band, in order to save
themselves from arrest and the rope or bullet, likewise were there some
prominent in the Vigilance Committee of 1856, who undoubtedly joined it
for similar reasons--to escape the terrors of the organization; and the
Executive Committee was not exempt from these infamous characters.

The Executive Committee, forty-one in number, was thus composed in
membership: William T. Coleman, James Dows, Thomas J. L. Smiley, John P.
Monrow, Charles Doane, James N. Olney, Isaac Bluxome, Jr., William
Meyers, Charles Ludlow,--Christler, Richard M. Jessup, Charles J.
Dempster, George R. Ward, E. P. Flint, Wm. Rogers, Aaron M. Burns, Miers
F. Truitt, W. H. Tillinghast, W. Arrington, Charles L. Case, J. D.
Farwell, W. T. Thompson, Eugene Dellesert, J. K. Osgood, J. W. Brittan,
Jules David, C. V. Gillespie, Calvin Nutting, E. Gorham, N. O.
Arrington, F. W. Page, O. B. Crary, L. Bassange, D. Tubbs, Emile Grisar,
E. B. Goddard, Henry M. Hale, Chas. Ludlow, M. J. Burke, J. H. Fish, C.
P. Hutchings, J. Seligman.

W. T. Coleman was President, Thomas J. L. Smiley Vice-President and
Prosecuting Attorney, John P. Morrow, Judge Associate, James Dows,
Treasurer, Wm. Meyer, Deputy Treasurer, Isaac Bluxome, Jr. the notorious
"33"--Secretary. Charles Doane was Grand Marshall, James N. Olney,
Deputy Grand Marshall, R. T. Wallace was Chief of Police, John L.
Durkee, Deputy Chief.

The military organization of the Vigilance Committee, rank and file,
numbered nearly 5,000 men. Several of the Executive Committee were alien
residents who never became citizens; and in the Committee, serving as
troops, as police, and in other lines, were a large number of aliens,
not naturalized, many of whom had not acquired sufficient proficiency in
the English language to speak it or understand it. The military body
comprised four regiments--infantry and artillery--together with
battalions of cavalry, pistol companies and guard of citizens. A medical
staff was duly organized. The roster, as here given, is copied from a
recent publication in the Alta, stated to be authentic. The dashes which
mark omission of the names, appear as they are placed in the Alta:

Charles Doane, Major-General. Staff officers: N. W. Coles,
Quartermaster-General and Colonel of Cavalry; R. M. Jessup,
Commissary-General and Colonel of Infantry; Aaron M. Burns, Deputy
Commissary-General and Lieutenant-Colonel of Infantry; James Dows,
Paymaster-General and Lieutenant-Colonel of Infantry; William Meyer and
Eugene Dellesert, Paymaster-Generals and Majors of Infantry; Cyrus G.
Dwyer, Adjutant and Inspector-General and Major of Infantry: Henry
Baker, Quartermaster and Major of Infantry; R. R. Pearce and M. McManus,
Assistant Quartermasters and Captains of Infantry; J. W. Farrington,
Assistant Commissary and Captain of Infantry; R. Beverly Cole, Surgeon
of the staff and Major of Infantry; Geo. C. Potter, aid to Major-General
and Major of Cavalry; N. B. Stone, A. M. Ebbetts, T. M. Wood, O. P.
Blackman, George R. Morris, T. A. Wakeman, Felix Brissac, C. H. Vail and
George R. Ward, aids to Major-General and Majors of Infantry, James B.
Hubbell, John M. Schapp and B. F. Mores, aids and secretaries to
Major-General and Captains of Infantry, J. N. Olney, Jr., aid and
secretary to Major-General and First Lieutenant of Infantry; James N.
Olney, Brigadier-General; R. S. Tammot, Henry Jones and R. M. Cox, aids
and Captains of Infantry.

Artillery--Thomas D. Johns, Colonel; J. F. Curtis, Lieutenant-Colonel;
R. B. Hampton, Major; Company A, J. Mead Huxley, Captain; Company B,
James Richit, Captain; Company C, H. C. F. Behrens, Captain; Company D,
J. H. Hasty, Captain; James F. Curtiss, Lieutenant-Colonel, commanding
Reserved Artillery.

Battallion Cavalry--Frank Baker, Major; First Squadron, G. G. Bradt,
Captain; Second Squadron, J. Sewell Read, Captain.

Infantry--First Regiment,--Colonel; J. S. Ellis, Lieutenant-Colonel;
John A. Clark, Major; J. P. H., Wentworth, Quartermaster; H. H. Thrall,
Adjutant; L. S. Wilder, Commissary; R. M. Cox, Sergeant-Major; H. W. F.
Hoffman, Quartermaster's Sergeant and composed of eight companies, viz:
Company A, W. C. Allen, Lieutenant commanding; Company B, H. L. Twiggs,
Captain; Company C, A. L. Loring, Captain; Company D, J. V. McElwee,
Captain; Company One,, J. M. Taylor, Captain; Company Two (Riflemen), L.
W. Parks, Captain; Company Three, Jonathan Gavat, Captain, Company
Seven, Geo. H. Hossefros, Captain.

Battallion Citizens Guard--Belonging to First Regiment, composed of A,
B, C, and D, G. F. Watson, Major.

Second Regiment--J. B. Badger, Colonel; J. S. Hill, Lieutenant-Colonel;
A. H. Clark, Major, Giles H. Gray, Quartermaster; E. B. Gibbs, Adjutant;
F. A. Howe, Commissary;--Sergeant-Major; Judah Alden;
Quartermaster-Sergeant, and composed of eight companies, viz: Company
Six, W. R. Doty, Captain; Company Twelve, C. G. Bailey, Captain; Company
Eight, -- Godfrey, Captain; Company Four, A. H. King, Captain; Company
Five, C. R. Bond, Captain; Company Ten, J. Wightman, Lieutenant
commanding; Company Eleven, George Gates, Captain; Company Nine, J.
Wood, Captain.

Third Regiment--H. S. Fitch, Colonel; Caleb Clapp Lieutenant Colonel;--,
Major;--, Quartermaster;--, Adjutant;--, Commissary;--,
Sergeant-Major;--, Quartermaster-Sergeant, and composed of eight
companies, viz: Company Thirteen, E. J. Smith, Lieutenant commanding;
Company Fourteen, W. E. Keyes, Captain; Company Fifteen,--, Lieutenant
commanding; Company Sixteen, B. S. Bryan, Captain; Company Seventeen
(Riflemen), C. E. S. McDonald, Captain; Company Eighteen, P. W.
Shepheard, Captain; Company Nineteen, R. H. Bennett, Captain; Company
Twenty, S. Gutte, Captain.

Fourth Regiment--Francis J. Lippitt, Colonel; John D. G. Quirk,
Lieutenant-Colonel, ----, Major; ----, Quartermaster; B. L. West,
Adjutant;----, Commissary;----, Sergeant-Major;----, Quartermaster's
Sergeant, and composed of eight companies, viz: Company Twenty-five, J.
Sanfrignon, Captain; Company Twenty-eight, L. Armand, Captain; French
Legion,---- Villaseque, Major; Company Twenty-four, W. H. Patten,
Captain; Company Twenty-seven, C. H. Gough, Captain; Company Twenty-one,
S. Meyerbock Captain; Company Twenty-three, J. T. Little, Captain;
Company Thirty, W. O. Smith, Captain; Company Twenty-two, J. L. Folger,
Captain; Company Twenty-nine, S. L. Harrison, Captain; Company
Twenty-six,----, Captain.

Pistol Battalion--Two companies, commanded respectively by Captains
Webb and E. S. Gibbs.

The roll of Division No. 4 is thus given:

J. A. Collins, Commander, Geo. G. Whitney, 1st Lieut. W. H. Parker, 2d
L't, J. H. Mallett, Orderly Sergeant, R. R. H. Rogers, Second Orderly
Sergeant, Wm. H. Wood, Third Orderly Sergeant, Charles D. Cushman,
Fourth Orderly Sergeant. Privates--D. Morgan, Jr., P. G. Partridge,
John Burns, E. W. Travers. Giles H. Gray, Martin Prag, John Wright,
James Wells, Jas. W. White, Judah Alden, Alfred Rix, J. W. Farrington,
W. L. Waters, W. F. Hall, J. T. Bowers, J. L. N. Shepard, Lucius Hoyt,
David Laville, H. A. Russell, E. Stevens, Theo. B. Cunningham, M.
McMannis, Wm. H. Gibson, Edmund Keyes, George T. Bohen, I. M. Bachelder,
R. T. Holmes, W. F. Shankland, B. Argyras, John R. Chute, John S.
Davies, James McCeny, Geo. H. Tay, Sohn Bensley, L. Bartlett, Joseph W.
Housley, Robert Wells, Samuel Fullerton, Newell Hosmer, J. J. Lomax, G.
K. Fitch, Wm. Hayes, Robert A. Parker, Samuel Soule, A. Wardwell, Isaac
E. Davis, M. McIntyre, F. E. Foote, Thomas A. Ayres, William K.
Blanchard, J. F. Eaton, J. Frank Swift, J. O. Rountree.

These names of Secretaries of the Committees of the Executive Committee
are added: On Evidence--J. H. Titcomb and D. McK Baker; on
Qualification--E. T. Beals.

First, as to the cause or pretence for the organization of the Vigilance
Committee: It is declared by its ex-members and supporters, or
apologists, that it was necessary for the reason that the law was not
duly administered; that the Courts, the fountains of justice, were
either corrupted or neglectful of their duties; that Juries were packed
with unworthy men in important criminal cases, that there were gross
frauds in elections, by which the will of the people was defied and
defeated, and improper and dishonest men, some of them notorious rogues,
were counted in and installed in public office; and that there was a
class of turbulent offenders who had the countenance, if not the support
of judges and officials in high places, and who, therefore, felt
themselves to be above or exempt from the law. Tennyson has well
remarked that there is no lie so baneful as one which is half truth. So
it is in respect to these alleged reasons for the organization of that
Vigilance Committee. It is not true that the Courts were corrupt,
neglectful or remiss. Judge Hager presided in the Fourth District Court,
and his integrity and judicial qualifications, or judgments, have never
been questioned or impeached. Judge Freelon presided as County judge;
the same can be remarked of him. There was no material fault alleged
against the Police Court. It is true, however, that in important
criminal cases, and sometimes in civil suits, the juries were often
packed. But why? I will state: Merchants and business men generally had
great aversion to serve on juries, particularly, in important criminal
cases, which are usually protracted; and the jury were kept in
comparative close condition, because their time was too valuable, and
their business interests required their constant attention. They
preferred, therefore, to pay the fine imposed, in case they were unable
to prevail upon the Judge to excuse them. Jury fees were inconsiderable
in comparison with their daily profits; but it was the loss of time from
their business which mainly actuated them. Yet these fees were
sufficient to pay a day's board and lodging, and to the many who were
out of employment, serving on a jury was the means to both. There is, in
every large community, the class known as professional jurymen--hangers
about the Court, eagerly waiting to be called. There were men of this
kind then; there are more than enough of them still loitering about the
Courts, civil and criminal. San Francisco is not the only city in the
United States in which defendants in grave criminal cases have recourse
to every conceivable and possible means, without scruple, to procure
their own acquittal, or the utmost modification of the penalty, by
proving extenuating circumstances, or that the indictment magnifies the
crimes. This was true of 1856; here, as elsewhere in the land; it is
equally true now. Had the merchants and solid citizens then drawn as
jurors, fulfilled their duty to the cause of justice, to the
conservation and maintenance of law and order, they would have had no
cause or pretence for the organization which they formed. The initial
fault was attributable to themselves; the jury-packing they complained
of was the direct consequence of their own neglect of that essential
duty to the State, in the preservation of law and order; and they cannot
reasonably or justly shift the onus from themselves upon the Courts.

Concerning the frauds in election: yes, there were frauds, outrageous
frauds, at every election; repeaters, bullies, ballot-box stuffing, and
false counts of the ballots to count out this candidate and count in the
one favored of the "boys." More than one member of the Vigilance
Executive Committee had thorough knowledge of all this, for the very
conclusive reason that more than one of them had engaged in these
frauds, had not only participated in them directly and indirectly, but
had actually proposed them; employed the persons who had committed the
frauds, and paid these tools round sums for the infamous service. The
reward of these employers and accessories before, during and after the
frauds, was the office that was coveted; and the "Hon." prefixed to
their names was as the gilt which the watch st