The Gray Dawn Part 56

Among them were famed orators, men who had never failed to hold and influence a crowd. But two hundred feet away little could be heard. It early became evident that, though there would be no interference, the sentiment of the crowd was against them. And, what was particularly maddening, the sentiment was good-humoured. Even the compliment of being taken seriously was denied them!

Colonel Ed Baker came forward to speak. The colonel's gift of eloquence was such that, in spite of his known principles, his lack of scruple, his insincerity, he won his way to a picturesque popularity and fame.

Later he delivered a funeral oration over the remains of David Broderick that has gone far to invest the memory of that hard-headed, venal, unscrupulous politician with an aura of romance. But the crowd would have little of him this day. An almost continuous uproar drowned his efforts. Catch words such as liberty, const.i.tution, _habeas corpus_, trial by jury, freedom, etc., occasionally became audible. The people were not interested.

"See Cora's defender!" cried someone, voicing the general suspicion that Baker had been one of the little gambler's hidden counsel. "Cora!"

"Ed Baker!" "Ten thousand dollars!" "Out of that, you old reprobate!"

jeered the audience. He spoke ten minutes against the storm, then yielded, red faced and angry. Others tried in vain. A Southerner named Benham, while deploring pa.s.sionately the condition of the city which had been seized by a mob, robbed of its sacred rights, etc., happened inadvertently to throw back his coat, thus revealing the b.u.t.t of a Colt's revolver. The bystanders caught the point at once.

"There's a pretty Law and Order man!" they shrieked. "Hey, Benham!

Don't you know it's against the law to go armed?"

"I carry this weapon," shrieked Benham, pa.s.sionately shaking his fist, "not as an instrument to overthrow the law, but to uphold it!"

A clear, steady voice from a nearby balcony made itself distinctly heard:

"In other words, sir, you break the law in order to uphold the law," it said. "What more are the Vigilantes doing?"

The crowd went wild over this repartee. The confusion became worse. Old Judge Campbell was thrust forward, in the hope that his age and his senior judgeship would command respect. He was unable to utter consecutive sentences.

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

But his auditors refused to be affected.

"Oh, yes, you do!" they informed him. "You know your masters as well as anybody--two of them were hung the other day!"

After this the meeting broke up. The most ardent Law and Order man could not deny that as a popular demonstration it had been a fizzle.

But if this attempt at home to gain coherence failed, up river the partisans had better luck. A hasty messenger with tidings for the ear of the Executive Committee only was followed by rapidly spreading rumours. Five hundred men with two pieces of artillery were coming down from Sacramento to liberate the prisoners, especially Billy Mulligan, or die in the attempt. They were reported to be men from the southeast: Texans, Carolinians, crackers from Pike County, all fire-eaters, reckless, sure to make trouble. Their numbers were not in themselves formidable, but every man knew the city still to be full of scattered warriors needing only leaders and a rallying point. The materials for a very pretty civil war were laid for the match. An uneasiness pervaded headquarters, not for the outcome, but for the unavoidable fighting and bloodshed.

Therefore, when Olney hastily entered the main hall early in the evening, and in a loud voice called for "two hundred men with side arms for especial duty," there was a veritable scramble to enlist. Olney picked out the required number, selecting, it was afterward noticed, only the big men physically. They fell in, and were marched quickly out Market Street. It was dark. Expectations were high. Just beyond Second Street, dimly visible against the sky or in the faint starlight, they saw a mysterious force opposing them, men on foot, horses, the wheels of guns. Each man gripped his revolver and set his teeth. Here, evidently, from this ordinarily deserted and distant part of town, a flanking attack was to have been delivered. As they drew nearer they made out wagons; and nearer still-bale upon bale of gunny sacks, and shovels!

The truth dawned on them, and a great laugh went up. "Sold! Sold!

Sold!" they cried.

But they set to work with a will, filled the gunny sacks with sand, piled them on the wagons; and so by morning Fort Gunnybags, as headquarters was thenceforth called, came into existence. Cannon were mounted, breastworks piled, embrasures planned.

The five hundred fire-eaters were no myth. They disembarked, greeted the horde of friends who had come to meet them, marched to Fort Gunnybags, looked it over, thrust their hands in their pockets, and walked peacefully away to the nearest barrooms!

Wise men. By now the Vigilante dispositions were so complete that in the mere interest of examining so sudden yet so thorough an organization, a paragraph or so may profitably be spent on it. Behind headquarters was a long shed stable in which were to be found at all hours saddle horses and artillery horses, all saddled and bridled, ready for instant use. Twenty-six pieces of artillery, mostly sent in by captains of merchant vessels in the harbour, were here parked. Other cannon were mounted for the defence of Fort Gunnybags. Muskets, rifles, and sabres enough to arm 6,000 men had been acc.u.mulated--and there were 6,000 men to use them! A French portable barricade had been constructed in the event of possible street fighting, a sort of wheeled framework that could be transformed into litters or scaling ladders. Sutlers'

offices and kitchens could feed a small army. Flags and painted signs carrying the emblematic open eye of vigilance decorated the rooms, A huge alarm bell had been mounted on the roof. The mattresses, beds, cots, blankets, and other furniture necessary to sleep four companies on the premises had been provided. A completely equipped armourer's shop and a hospital with all supplies occupied the third story. The forces were divided into four companies of artillery, one squadron and two troops of cavalry, four regiments, and thirty-two companies of infantry; besides the small but efficient police organization. A tap on the bell gathered these men in an incredibly short s.p.a.ce of time. "As a rule," says Bancroft, "within fifteen minutes from the time the bell was tapped, on any occasion, seven-tenths of the entire Vigilante forces would be in their places armed ready for battle."

Another corps, not as heroic, but quite as necessary, it was found advisable to appoint. The sacking of which Fort Gunnybags was made was of very coa.r.s.e texture. When dry, the sand filling tended to run out!

Therefore, those bags had to be kept constantly wet, and somebody had to do it. Enemies sneeringly remarked that Fort Gunnybags consumed much more water without than within; but this joke lost its point when it became known that the committee, decades in advance of its period, had prohibited alcohol absolutely!

Realizing from the two lamentable fiascos just recounted that little could be accomplished by private initiative, the upholders of the law turned their attention to Sacramento. Here they had every reason to hope for success. No matter how well organized the Vigilantes might be, or how thoroughly they carried the sympathies of the local public, there could be no doubt that they were acting in defiance of the law, were, in fact, no better than rebels. It was not only within the power, it was the duty of the governor of the State to declare the city in a condition of insurrection.

This being accomplished, it followed logically that the State troops must put down the insurrection; and if they failed, there was still the immense power of the republic to call upon. After all, when you look at it that way, this handful of disturbers amounted to very little.

The first step was to win over the governor. Without him the next step could not be taken. Accordingly all the big guns of San Francisco took the _Senator_ for Sacramento. There they met Terry, Volney Howard, and others of the same ilk. No governor of Johnson's sort could long withstand such pressure. He promised to issue the proclamation of insurrection as soon as it was "legally proved" that the committee had acted outside the law. The mere fact that it had already hanged two men and deported a great number of others meant nothing. That, apparently, was not legal proof.

In order that all things should be legal, then, Terry issued a writ of _habeas corpus_ for the body of one William Mulligan, and gave it into the hands of Deputy-sheriff Harrison for service on the committee.

n.o.body expected the latter to deliver over Mulligan.

"But they'll deny the writ," said Terry, "and that will const.i.tute a legal defiance of the State. The governor will then be legally justified in issuing his proclamation, and ordering out the State troops to enforce the writ."

If the State troops proved inadequate, the plan was then to call on the United States--as locally represented by General Wool and Captain David Farragut--for a.s.sistance. With this armed backing three times the Vigilante force could be quickly subdued. As it was all legal, it could not fail.

Harrison took the writ of _habeas corpus_ and proceeded to San Francisco. He presented himself at headquarters, produced his writ, and had himself announced to the Executive Committee then in session.

"Tell him to go to h.e.l.l!" growled someone.

But a half-dozen members saw through the ruse, and interposed vigorous objections.

"I move," said Dempster solemnly, "that our police be permitted to remove all prisoners for a few hours."

This was carried, and put into immediate effect. Deputy Harrison was then politely received, his writ fully acknowledged, and he was allowed to search the premises. Of course he found nothing, and departed much crestfallen. The scheme had failed. The committee had in no way denied his authority or his writ. Harrison was no fool. He saw clearly what he had been expected to do. On his way back to Sacramento he did some thinking. To Terry he unblushingly returned the writ endorsed: "Prevented from service by armed men." For the sake of the cause Harrison had lied!

Johnson immediately issued his proclamation. The leaders turned with confidence to the Federal authorities for a.s.sistance. To their blank dismay General Wool refused to furnish arms. His position was that he had no authority to do so without orders from Washington. The sympathies of this doughty old soldier were not with this attempt.

Colonel Baker and Volney Howard waited on him, and after considerable conversation made the mistake of threatening to report him to Washington for refusing to uphold the law.

"I think, gentlemen," flashed back the veteran, "I know my duty, and in its performance dread no responsibility."

So saying he bowed them from the room. Farragut equally could not clearly see why he should train the guns of his ship on the city. With this fiasco the opposition for the moment died. The Executive Committee went on patiently working down through its black list. It announced that after June 24th no new cases would be taken, A few days later it proclaimed an "adjournment parade" on July 5th. It considered its work done. The city had become safe.

LXVII

But this peaceful outcome did not suit the aristocratic wing of the Law and Order party in the least. The haughty, supremely individualistic, bold, forceful, often charming coterie of fire-eaters had, in their opinion, been insulted, and they wanted reprisal, punishment, blood.

Terry, Baker, Bennett, Miles, Webb, Nugent, Blatchford, Rowlee, Caldwell, Broderick, Ware, Volney Howard, Black--to mention only a few--chafed intolerably. Such men were accustomed to have their own way, to cherish an ultra-sensitive "honour," to be looked up to; had come to consider themselves as especially privileged, to look upon themselves as direct representatives of the only proper government and administration of law. This revolt of the "lower cla.s.ses," the "smug, psalm-singing Yankees," the "shopkeepers," was intolerable impudence.

Because of a series of accidents, proper resentment of such impudence, due punishment of such denial of the law had been postponed. It was not, therefore, abrogated.

When, therefore, the committee announced July 5th as a definite date for disbanding, the lawful authorities and their upholders, blinded by their pa.s.sions, were distinctly disappointed. Where the common citizen perceived only the welcome end of a necessary job well done, they saw slipping away the last chance for a clash of arms that should teach these rebels their place. It was all very well to talk of arresting the ringleaders and bringing them to justice. In the present lamentable demoralization of the courts it might not work; and even if it did work, the punishment of ringleaders was small satisfaction as compared to triumphant vindication in pitched battle.

Sherman had resigned command of the military in disgust when he found that General Wool and Captain Farragut had no intention of supplying him Federal arms, thus closing--save for later inaccurate writing in his "Memoirs"--an unfortunate phase of his career. In his stead had been chosen General Volney Howard. Howard was a rather fat, very pompous, wholly conceited bombastes furioso with apparently remarkable lack of judgment or grasp of a situation. In the committee's action looking toward adjournment he actually thought he saw a sign of weakening!

"Now is the moment for us to show our power!" he said.

In this he gained the zealous support of Judge Terry and Major Marmaduke Miles, two others with more zeal than discretion. These three managed to persuade Governor Johnson to order a parade of State troops in the streets of San Francisco. Their argument was that such a parade--of legally organized forces--would overawe the citizens; their secret hope, however, was that such a show would provoke the desired conflict. This hope they shared with Howard, after the governor's order had been obtained. Howard's vanity and inclinations jumped together. He consented. Altogether, it was a very pretty little plot.

By now the Law and Order forces had become numerically formidable. The bobtail and rag-tag, ejected either by force or by fright, flocked to the colours. A certain proportion of the militia remained in the ranks, though a majority had resigned. A large contingent of reckless, wild young men, without a care or a tie in the world, with no interest in the rights of the case, or, indeed, in themselves, avid only for adventure, offered themselves as soon as the prospects for a real fight became good. And there were always the five hundred discomfited Texans.

Nor were arms now lacking. Contrary to all expectation, the committee had scrupulously refrained from meddling with the State armouries. All militia muskets were available. In addition the State had now the right to a certain quota of Federal arms, stored in the a.r.s.enal at Benicia.

These could be requisitioned.

At this point in the planning weasly little Jimmy Ware had a bright idea.