The Forty-Niners: A Chronicle of the California Trail and El DoradoWhite, Stewart Edward
History
The Forty-Niners: A Chronicle of the California Trail and El Dorado
White, Stewart Edward
California -- Gold discoveries; California -- History; California National Historic Trail
Naturally the Governor had first to be won over. Accordingly all the
important men of San Francisco took the steamer _Senator_ for Sacramento
where they met Judge Terry, of the Supreme Court of California, Volney
Howard, and others of the same ilk. No governor of Johnson's nature
could long withstand such pressure. He promised to issue the required
proclamation of insurrection as soon as it could be "legally proved"
that the Vigilance Committee had acted outside the law. The small fact
that it had already hanged two and deported a great many others, to say
nothing of taking physical possession of the city, meant little to these
legal minds.
In order that all things should be technically correct, then, Judge
Terry issued a writ of habeas corpus for William Mulligan and gave it
into the hands of Deputy Sheriff Harrison for service on the Committee.
It was expected that the Committee would deny the writ, which would
constitute legal defiance of the State. The Governor would then be
justified in issuing the proclamation. If the state troops proved
unwilling or inadequate, as might very well be, the plan was then to
call on the United States. The local representatives of the central
government were at that time General Wool commanding the military
department of California, and Captain David Farragut in command of the
navy-yard. Within their command was a force sufficient to subdue three
times the strength of the Vigilance Committee. William Tecumseh Sherman,
then in private life, had been appointed major-general of a division of
the state militia. As all this was strictly legal, the plan could not
possibly fail.
Harrison took the writ of habeas corpus and proceeded to San Francisco.
He presented himself at headquarters and offered his writ. Instead of
denying it, the Committee welcomed him cordially and invited him to make
a thorough search of the premises. Of course Harrison found nothing--the
Committee had seen to that--and departed. The scheme had failed. The
Committee had in no way denied his authority or his writ. But Harrison
saw clearly what had been expected of him. To Judge Terry he
unblushingly returned the writ endorsed "prevented from service by armed
men." For the sake of his cause, Harrison had lied. However, the whole
affair 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 they
needed. As yet they did not ask for troops but only for weapons with
which to arm their own men. To their blank dismay General Wool refused
to furnish arms. He took the position that he had no right to do so
without orders from Washington. There is no doubt, however, that this
technical position cloaked the doughty warrior's real sympathies.
Colonel Baker and Volney Howard were instructed to wait on him. After a
somewhat lengthy conversation, they made the mistake of threatening him
with a report to Washington for refusing to uphold the law.
Public-domain text, read in full here on John Shaqi.
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