Vigilantes Of California
By Emerson Hough in 1905
The allure of California’s gold rush era is a chapter in history that remains unmatched. While gold rushes may occur again, the conditions that defined the 1849 California bonanza are unlikely to be replicated. The rapid advancements in transportation and ease of travel have irrevocably changed the landscape, ensuring that no region remains isolated for long. Today, the farthest corners of the earth are accessible with a speed that would have been unimaginable during the frenzied migration to the Pacific Coast. Civilization, built upon the foundation of transportation, now progresses swiftly alongside it. Consequently, the miner’s tent is quickly accompanied by the temple of law.
This was not the case in the early days of the American West. The vast distances and untamed wilderness left the established legal systems far behind. Thousands of honest individuals, driven by the allure of gold, crossed the plains and mountains. Initially, they had no desire to escape the reach of the law. However, they were accompanied by an equal number of those seeking to evade societal constraints and legal boundaries, individuals with no intention of contributing to the establishment of social order in the new territories.
As both the law-abiding and the lawless ventured further from the familiar world, they witnessed a curious phenomenon: the influence of the law they had left behind diminished with each passing day. The established norms of their former homes shifted, and customs transformed. A week’s journey from civilization introduced the argonaut to a new world. A month created a self-contained environment with unique values and ideas, independent of external influences. Within a year, this world became as distinct as if it were on a separate planet. In this context, the essence of law needed to be rediscovered, evolved, and evoked from the very chaos, much like a savage conjures fire from the dry branches of the wilderness.
In the gold country, all ideas and principles were rooted in the new circumstances. There were no precedents to follow. Man had reverted to a primal state, a fresh beginning. Yet, this individual, willing to live a primitive existence in a vast encampment, was still fundamentally Anglo-Saxon. He carried with him the core tenet of the American character: the belief that what one earns, not what one steals, belongs solely to them. This principle, planted in seemingly barren soil, became the seed of law, eventually blossoming into a mighty civilization, an empire in its own right. Under such conditions, the evolution of law presented unique circumstances that were not documented in any other era.
Initially, even during their journey, men organized themselves for self-protection, uniting both law-abiding and criminal elements in this essential act. However, upon reaching the goldfields, these organizations often dissolved. Even partnerships formed in the Eastern states rarely lasted a month in a region where luck, chance, and opportunity intertwined, encouraging each individual to act independently. The criminal element established the first organizations in the mining camps. Soon after, law-abiding citizens formed their own groups to counter the outlaws. Hard on the heels of the miners’ law came the formal legal machinery of the older states, modified by local conditions and inextricably linked to a political system more corrupt than any previously known. Men were preoccupied with extracting gold from the earth and paid little attention to courts and government. The law became an instrument of abuse. Judges openly seized the property of their enemies or sentenced them without regard to justice, displaying a disregard for life and liberty reminiscent of the French Revolution. In response, law-abiding and justice-seeking organizations arose, taking the law into their own hands. Executive officers, sheriffs and constables, conspired to kill and confiscate. Against them, this new agency of existing law declared war, forming an essential arm of government and openly calling themselves Vigilantes Of California.
In turn, criminals exploited the guise of the vigilantes to mask their lawless and violent actions. The Vigilantes Of California purged themselves of these false members, while some carried the title of "stranglers" with unconcern or even pride. Their numbers grew, driven by a love of justice, until they numbered over five thousand in San Francisco alone, holding the community in the grip of lawlessness, or law, depending on one’s perspective. They defied the state’s chief executive, erected their own armed fortress, seized militia arms, and challenged the authority of the United States government and even the United States Army. Whether they were criminals or noble men remains a matter of interpretation. Despite their open identities, the full roster of their names remains unknown, and the identity of the organization’s founder remains a mystery.
The Vigilantes Of California began their work during a period when over 2,000 murders had occurred, with only five legal executions. Their mission was to establish a functional legal framework and dismantle the corrupt and unworthy structure that claimed to be the law.
This rapid, dramatic panorama encapsulates the story of the social system, the construction of the legal temple that Americans now revere or, at times, still despise and desecrate. Initially, the average gold seeker was unconcerned with the law, intending to quickly make their fortune and return East. However, by the winter of 1849, a legislature was elected, meeting in San Jose with 16 senators and 36 assembly members. The new American vote was evident in this election.
The miners had grown weary of the semi-military governance and had met to adopt a state constitution. The legislature enacted 140 new laws in two months, abolishing all previous ones. Satisfied with their efforts, they left the enforcement of these laws, in the traditional American manner, to anyone who took an interest. This practice persists today, with many Eastern cities governed by civic leagues, federations, citizens’ leagues, and business associations, all protesting the non-enforcement of laws. In 1849, on the Pacific Coast, this protest took a more severe form through the Vigilantes Of California.
At one point, San Francisco had three distinct city councils, each claiming legal authority. Despite the new state organization, the law remained a matter of individual interpretation. Under these circumstances, it was not surprising that outlawry emerged in bold and well-organized forms. A group of ruffians calling themselves the "Hounds" banded together to drive foreigners out of the rich camps and seize their diggings. Several Chileans were beaten or shot, and their property was confiscated or destroyed. This was contrary to the American sense of justice, which valued what a man had earned. A counter-organization was swiftly formed, confronting the "Hounds" with 200 "special constables," each armed with a rifle. A mass meeting served as a court, trying 20 of the "Hounds." Ten received sentences that were never enforced but had the desired effect. While Congress debated the admission of California as a state, the region began to show an interest in law and justice when provoked.
Building a civilized community was a difficult task. The world’s most hardened population was present: men who were savage or civilized by tradition, once heathen or Christian, but now all Californian. Wealth was the common denominator. The average daily return from mining ranged from $20 to $30, with the potential for a single strike to make a fortune. Nuggets weighing 25 pounds were discovered. Men extracted pure gold from rock crevices with spoons or knives. Values were estimated, with gold dust or nuggets serving as currency. Prodigality was rampant. Gamblers from around the world converged. There was little in the way of homes or women. Life was as cheap as gold dust. The average man was too busy digging and spending gold to worry about statehood, government, or politics. The most unscrupulous individuals were found in public office.
Wealth and commerce flourished, but law and civilization languished. The time was ripe for a legal system that would protect life and property. The extent of this need is evident in the gold production figures. From 1848 to 1856, California produced between 500 and 600 million dollars in pure gold. It is no wonder that the courts were weak, and the Vigilantes Of California became strong! There were three distinct Vigilante movements in California: that of 1849, the San Francisco Vigilantes of 1851, and the San Francisco Vigilantes of 1856. The earliest movement primarily applied to the outlying mining camps rather than San Francisco. In 1851, recognizing the courts’ failure to punish criminals, a committee was formed to enforce respect for the principles of justice, if not the law. On June 11, they hanged John Jenkins for robbing a store. A month later, they hanged James Stuart for murdering a sheriff. In August, they removed Whittaker and McKenzie, Australian ex-convicts, from jail and hanged them after they had been tried and sentenced but rescued by law officers. Two weeks later, this committee disbanded. They ignored the killings over land titles, focusing on punishing intolerable crimes. Theft was considered as serious as murder, if not more so. The number of murders reached alarming levels. The times were out of joint. The legislature was corrupt, graft was rampant, and the social body was restless and uneasy. Politics had become an art form. The judiciary, lazy and corrupt, was held in contempt. Court dockets were full, and little was done to clear them. Criminals acted with impunity. It was a time of violence and lawlessness.
Once again, California’s sober and law-loving men sent word abroad, and the Vigilantes Of California assembled again. In 1853, they hanged two Mexicans for horse theft and a bartender for shooting a citizen near Shasta. At Jackson, they hanged another Mexican for horse theft, and at Volcano, in 1854, they hanged a man named Macy for stabbing an old and helpless man. Vengeance was swift, with the murderer executed within half an hour of the crime. This haste drew criticism when, in the same month, Johnson was hanged for stabbing Montgomery at Iowa Hill, who later recovered. In Los Angeles, three men were sentenced to death by the local court, but the Supreme Court issued a stay for two of them, Brown and Lee. The people insisted that all must die together, and the mayor agreed. The third man, Alvitre, was hanged legally on January 12, 1855. On that day, the mayor resigned to join the vigilantes. Brown was taken from jail and hanged despite the Supreme Court’s decision. The people were outpacing the law. That same month, they hanged another murderer for killing the treasurer of Tuolumne County. They hanged three more cattle thieves in Contra Costa County the following month, followed by a horse thief in Oakland. A more significant event occurred the following summer when 36 Mexicans were arrested for killing a party of Americans. Initially, there was a proposal to hang all 36, but calmer heads prevailed, and only three were hanged after a formal jury trial. Unknown bandits ambushed and killed Isaac B. Wall and T. S. Williamson of Monterey. In the same month, U.S. Marshal William H. Richardson was shot by Charles Cora in San Francisco. The people grumbled, fearing that justice would never be served. The state’s reputation was damaged, not by the actions of the Vigilantes Of California, but by unscrupulous men in office. Gamblers, ruffians, and thugs controlled the government. The state’s good men began preparing for a purification movement and the installation of true law. The great Vigilante movement of 1856 was the result.
The immediate cause of this final organization was the murder of James King, editor of the Bulletin, by James P. Casey. After shooting King, Casey was rushed to jail by his friends and protected by a military force. King lingered for six days, and public opinion was ominous. Cora, who had killed Marshal Richardson, had never been punished, and there seemed no likelihood that Casey would be either. The local press was divided. Religious papers openly declared that Casey should be hanged. The clergy took up the matter, and Reverend J. A. Benton of Sacramento stated: "A people can be justified in recalling delegated power and resuming its exercise." Before dismissing the vigilantes’ work as "mob law," it is important to consider this statement and apply it to contemporary conditions, which may be as dangerous to American liberties as the wild days of California.
Summoned by an unknown command, armed men appeared in San Francisco, twenty-four companies with approximately fifty men in each. The Vigilantes Of California had reorganized. They brought a cannon, placed it against the jail gate, and demanded Casey’s surrender. There was no alternative, and Casey was taken away in handcuffs to face a court where political influence would be irrelevant. An hour later, Cora was taken from his cell to join Casey at the vigilantes’ headquarters. Armed and silent men marched on either side of the prisoner’s carriage. Both men were tried in a formal session of the Committee, with each having counsel and all evidence carefully weighed.
King died on May 20, 1856, and was buried with honors on May 22. A long procession of citizens followed the body to the cemetery. A popular subscription raised over $30,000 for his widow and children. As the procession returned to the city, they witnessed the bodies of Casey and Cora hanging from a beam projecting from the Committee headquarters.
The Vigilante Committee then arrested two more men, not for capital crimes, but for election fraud. These men were Billy Mulligan and the prize-fighter Yankee Sullivan. Despite assurances of a fair trial without the death penalty, Yankee Sullivan committed suicide in his cell. The entire party of lawyers and judges opposed the Committee. Judge Terry of the Supreme Court issued a writ of habeas corpus for Mulligan, which the Committee ignored. They cleared the streets, placed cannons in front of their rooms, loaded swivels on the roof, and mounted a guard of 100 riflemen. They brought bedding and provisions, arranged their rooms as a court, and openly defied the Supreme Court. Far from fearing the law, they arrested two more men for election fraud. All prisoners were guarded within the headquarters.
The opposition organized as the "Law and Order Men" and held a public meeting. The meeting was attended by members of the Vigilante Committee, whose books were open for enrollment. Not even criticism deterred these men. Governor Johnson ordered them to disband, but they ignored him, as they had Judge Terry’s writ. The governor threatened them with the militia, but it was not enough to frighten them. General Sherman resigned his command and counseled moderation. Many militia members turned in their rifles to the Committee, which acquired other arms from harbor vessels and unguarded armories. A band of the Committee boarded a schooner carrying rifles from the governor to General Howard in San Francisco and seized the entire cargo.
Shortly after, they confiscated a second shipment from Sacramento, seizing federal government property. If there was a crime of high treason, they committed it openly. Governor Johnson sent a statement to President Pierce, requesting that naval officers supply arms to California, which had been despoiled by its citizens. President Pierce turned the matter over to his attorney-general, Caleb Gushing, who advised that Governor Johnson had not exhausted state remedies and that the federal government could not interfere.
The Committee proceeded to suspend the Supreme Court of California. When Sterling A. Hopkins, a policeman hired by the Committee, was stabbed in the throat by Judge Terry, the Committee called a general assembly. The city divided into hostile camps, with Terry and his friend taking refuge in the armory. The Committee besieged the armory and took Terry and his friend prisoner. They then seized arms from the governor’s armories and those of the "Law and Order" men, lawyers, and politicians who felt their functions were being usurped. Two thousand rifles were taken, leaving the opposing party unarmed. The entire state was in the hands of the "Committee of Vigilance," men who were quiet, law-loving, and law-enforcing, but technically traitors and criminals. This situation is unparalleled in American history.
Had Hopkins died, the Committee would likely have hanged Judge Terry, but fortunately, he recovered. Terry remained a prisoner for seven weeks, by which time Hopkins had recovered. The case became a national issue, and tirades against the "Stranglers" were common, but the Committee continued to enroll men. Terry was finally released, much to the regret of many Committee members. The executive committee issued a statement that death and banishment were the only optional penalties.
Death was impossible because Hopkins had recovered, and banishment was impractical. The Committee wished to disband as soon as the state and city could govern themselves and the sanctity of the ballot box was assured. They had defied the federal government to ensure this.
The Committee hanged two more murderers, a gambler from St. Louis and a youth from New York. By mid-August 1856, they had no more prisoners and were ready to turn the city over to its government. Their report showed that they had hanged four men and banished many others, frightening away a large criminal population.
While opinion was divided in San Francisco, the outlying communities favored the Vigilantes Of California, and their actions were imitated. After some time, some banished men returned, and damage suits were argued in court, but little satisfaction was gained. Men who knew of the "Committee of Vigilance" rarely discussed it. Members of Western vigilance committees kept their lips sealed.
Political capital was made of the situation in San Francisco. On August 18, 1856, the Committee marched openly in review through the city, 5,237 men in line, with artillery, dragoons, and a medical staff. One hundred fifty men had served on the old Committee in 1851. After the parade, the men halted and dispersed, quietly ending one of the most singular organizations of American citizens ever known. They asserted that they would reassemble if needed. They printed a detailed statement of their actions, showing that they had acted for the good of the community, which had been wronged by those it had elected.
The "Committee of Vigilance" comprised men from all walks of life and political parties. They had ample funds and maintained unique quarters as an arms room, a trial court, a fortress, and a prison. It was not a mob but an orderly band of men, with formal deliberations and sub-committees. The quarters were open day and night. It had an executive committee, which conferred with a board of delegates. The executive committee consisted of thirty-three members, and its decision was final, requiring a two-thirds vote for the death penalty. It had a prosecuting attorney and assigned counsel to prisoners. It also had a police force with a chief and a sheriff with deputies. In short, it took over the government and was the government. Its deeds are almost forgotten today. Though opinion may still be divided, California should be proud of this "Committee of Vigilance," for it was through its efforts that California gained its social system.
In all the history of American desperadoism and the movements that have checked it, the story of the great Golden State is worth studying. The moral is strong. The "Committee of Vigilance" creed is one we might learn today. Its practice would give us more dignity than we can claim while contenting ourselves with outcry and criticism without punishing unfaithful public servants. There is manhood, freedom, and justice in the Committee’s covenant, which all American citizens should sign: "We do bind ourselves each unto the other by a solemn oath to do and perform every just and lawful act for the maintenance of law and order and to sustain the laws when faithfully and properly administered. But we are determined that no thief, burglar, incendiary, assassin, ballot-box stuffer, or another disturber of the peace shall escape punishment, either by quibbles of the law, the carelessness of the police, or a laxity of those who pretend to administer justice."
What a man earns, that is his—such was the lesson of California. Self-government is our right—that is what the vigilantes said. When the laws failed, it was the people’s right to resume the power they had delegated or which had been usurped—that is their statement as quoted by historians. The people might withdraw authority when faithless servants used it to thwart justice—that was what the Vigilantes Of California preached. It is a sound doctrine today.
Compiled and edited by Kathy Alexander, updated April 2024.
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About the Author: Excerpted from the book The Story of the Outlaw; A Study of the Western Desperado, by Emerson Hough; Outing Publishing Company, New York, 1907. This story is not verbatim as it has been edited for clerical errors and updated for the modern reader. Emerson Hough (1857–1923) was an author and journalist who wrote factional accounts and historical novels of life in the American West. His works helped establish the Western as a popular genre in literature and motion pictures. For years, Hough wrote the feature “Out-of-Doors” for the Saturday Evening Post and contributed to other major magazines.
Other Works by Hough:
The Story of the Outlaw – A Study of the Western Desperado – Entire Text
The Cattle Kings
The Cattle Trails
Cowboys on the American Frontier
The Frontier In History
The Indian Wars
Mines of Idaho & Montana
Pathways To the West
The Range of the American West