in other countries, was here only a matter for ridicule. The police were few in number, and poorly as well as irregularly paid. Some of them were in league with the criminals themselves, and assisted these at all times to elude justice. Subsequent confessions of criminals on the eve of execution, implicated a considerable number of people in various high and low departments of the executive. Bail was readily accepted in the most serious cases, where the security tendered was absolutely worthless; and where, whenever necessary, both principal and cautioner quietly disappeared. The prisons likewise were small and insecure; and though filled to overflowing, could no longer contain the crowds of apprehended offenders. When these were ultimately brought to trial, seldom could a conviction be obtained. From technical errors on the part of the prosecutors, laws ill understood and worse applied, false swearing of the witnesses for the prisoners, absence often of the chief evidence for the prosecution, dishonesty of jurors, incapacity, weakness, or venality of the judge, and from many other causes, the cases generally broke down and the prisoners were freed. Not one criminal had yet been executed. Yet it was notorious, that, at this period, at least one hundred murders had been committed within the space of a few months; while innumerable were the instances of arson, and of theft, robbery, burglary, and assault with intent to kill. It was evident that the offenders defied and laughed at all the puny efforts of the authorities to control them. The tedious processes of legal tribunals had no terrors for them. As yet. every thing had been pleasant and safe, and they saw no reason why it should not always be so. San Francisco had been just destroyed, a fifth time, by conflagration. The cities of Stockton and Nevada had likewise shared the same fate. That part of it was the doing of incendiaries no one doubted; and too, no one doubted but that this terrible state of things would continue, and grow worse, until a new and very different executive from the legally-constituted one should rise up in vengeance against those pests that worried and preyed upon the vitals of society. It was at this fearful time that the Vigilance Committee was organized. They knew they had no ordinary duty to perform. They foresaw not merely much time, labor, expense, and actual

danger occasioned to themselves-these were trifles-but also grievous responsibility, and perhaps much misconception and undeserved personal obloquy thrown upon their motives and conduct. They were prepared for all; for what will not a man suffer to save life, limb, and property? They knew they might possibly open a gate to insubordination and general anarchy, thereby periling all future law, peace and happiness; but they did not think that a probable case, and at any rate the risk must be run. The chances were all calculated beforehand; and the result showed only a clear winning game.

The law of nature, which is the foundation of, and is superior to, all civil law, justifies every means for self-preservation. An individual or a community attacked has a right to defend itself; and where that attack cannot be otherwise resisted, then is extermination of the offender proper. Where the constituted tribunals of a country fail to accomplish the ends for which they were created, society becomes resolved into its first elements, and some new method must be adopted to preserve its very existence. Opinions may differ as to the particular instant of time when formal law and legal courts become inoperative, and sanction a community in resorting to new and extraordinary measures for its own safety; but in regard to the general principle, all history, and what is better, common sense and moral feeling, abundantly establish it. The people of San Francisco,—and they of all the world could alone know their own troubles,-believed that the unhappy point of time had been reached; and they accordingly seized the occasion to make some terrible experiments, by which to check the growth of those crimes that were so rapidly surrounding them.

In the case of Stuart alias Burdue, in February, 1851, the want of organization and previous arrangements on the part of the people, had been severely felt. As the popular demonstration of that period had failed to strike criminals with terror or lessen crime, a number of the leading citizens organized themselves into the Vigilance Committee. This was in June, 1851. The constitution of the association was as follows:

"WHEREAS, it has become apparent to the citizens of San Francisco, that there is no security for life and property, either under the regulations of society

as it at present exists, or under the law as now administered; Therefore, the citizens, whose names are hereunto attached, do unite themselves into an association for the maintenance of the peace and good order of society, and the preservation of the lives and property of the citizens of San Francisco, and do bind ourselves, each unto the other, to do and perform every 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 or assassin, shall escape punishment, either by the quibbles of the law, the insecurity of prisons, the carelessness or corruption of the police, or a laxity of those who pretend to administer justice. And to secure the objects of this association we do hereby agree:

"1. That the name and style of the association shall be the COMMITTEE OF VIGILANCE, for the protection of the lives and property of the citizens and residents of the city of San Francisco.

"2. That there shall be a room selected for the meeting and deliberation of the committee, at which there shall be one or more members of the committee, appointed for that purpose, in constant attendance, at all hours of the day and night, to receive the report of any member of the association, or of any other person or persons whatsoever, of any act of violence done to the person or property of any citizen of San Francisco; and if in the judgment of the member or members of the committee present, it be such an act as justifies the interference of the committee, either in aiding in the execution of the laws, or the prompt and summary punishment of the offender, the committee shall be at once assembled for the purpose of taking such action as a majority of the committee when assembled shall determine upon.

"3. That it shall be the duty of any member or members of the committee on duty at the committee room, whenever a general assemblage of the committee is deemed necessary, to cause a call to be made by two strokes upon a bell, which shall be repeated with a pause of one minute between each alarm. The alarm to be struck until ordered to be stopped.

"4. That when the committee have assembled for action, the decision of a majority present shall be binding upon the whole committee, and that those members of the committee whose names are hereunto attached, do pledge their honor, and hereby bind themselves to defend and sustain each other in carrying out the determined action of this committee at the hazard of their lives and their fortunes.

"5. That there shall be chosen monthly a president, secretary and treasurer, and it shall be the duty of the secretary to detail the members required to be in daily attendance at the committee room. A sergeant-at-arms shall be appointed, whose duty it shall be to notify such members of their details for duty. The sergeant-at-arms shall reside at and be in constant attendance at the committee room. There shall be a standing committee of finance, and qualification, consisting of five each, and no person shall be admitted a member of this association unless he be a respectable citizen, and approved of by the committee on qualification before admission."

An occasion soon happened to test the character and uses of this most extraordinary association. On the evening of the 10th of June, 1851, a person of the name of John Jenkins feloniously entered a store on Long Wharf, and stole a safe. He was subsequently seen with a large burden slung across his back, and, an alarm being raised, was pursued. He then got into a boat, and sculled out into the bay, followed by a dozen other boats in keen pursuit. The fugitive was soon overtaken; but before his captors reached him he was seen to throw the burden into the water. This was soon drawn up, and proved to be the stolen safe. The prisoner was next taken to the rooms of the Vigilance Committee, in Battery street, near the corner of Pine street. About ten o'clock of the same night, a signal was given on the bell of the Monumental Engine Company; and shortly afterwards about eighty members of the committee hurried to the appointed place, and on giving the secret password were admitted. Meanwhile, knots of people, some of whom knew and all suspected what was going on, gathered about the premises, and impatiently awaited the farther progress of events. For two long hours, the committee were closely occupied in examining evidence; and soon they had no reason to doubt the prisoner's guilt-though this he denied to the last. At midnight, the bell of the California Engine House was tolled, as sentence of death by hanging was passed upon the wretched man. The solemn sounds at that unusual hour filled the anxious crowds with awe. The condemned at this time was asked if he had any thing to say for himself, when he answered: "No, I have nothing to say, only I wish to have a cigar." This was handed to him, and afterwards, at his request, a little brandy and water. He was perfectly cool, and seemingly careless, confidently expecting, it was believed, a rescue, up to the last moment.

A little before one o'clock, Mr. S. Brannan came out of the committee rooms, and ascending a mound of sand to the east of the Rassette House, addressed the people. He had been deputed he said, by the committee, to inform them that the prisoner's case had been fairly tried, that he had been proved guilty, and was condemned to be hanged; and that the sentence would be executed within one hour upon the plaza. He then asked the

people if they approved of the action of the committee, when great shouts of Ay! Ay! burst forth, mingled with a few cries of No! In the interval a clergyman had been sent for, who administered the last consolations of religion to the condemned.

rescue.

Shortly before two o'clock, the committee issued from the building, bearing the prisoner (who had his arms tightly pinioned) along with them. The committee were all armed, and closely clustered around the culprit to prevent any possible chance of A procession was formed; and the whole party, followed by the crowd, proceeded to the plaza, through Sansome, California, Montgomery and Clay streets. Arrived at the flagstaff, some thoughtlessly suggested that it might serve to hang the condemned upon, but the proposal was indignantly overruled, as desecrating the liberty pole. Those in charge of the execution then proceeded to the south end of the adobe building, which then stood on the north-west corner of the plaza. The opposite end of the rope which was already about the neck of the victim was hastily thrown over a projecting beam. Some of the authorities attempted at this stage of affairs to interfere, but their efforts were unavailing. They were civilly desired to stand back, and not delay what was still to be done. The crowd, which numbered upwards of a thousand, were perfectly quiescent, or only applauded by look, gesture, and subdued voice the action of the committee. Before the prisoner had reached the building, a score of persons seized the loose end of the rope and ran backwards, dragging the wretch along the ground and raising him to the beam. Thus they held him till he was dead. Nor did they let the body go until some hours afterwards, new volunteers relieving those who were tired holding the rope. Little noise or confusion took place. Muttered whispers among the spectators guided their movements or betrayed their feelings. The prisoner had not spoken a word, either upon the march or during the rapid preparations for his execution. At the end he was perhaps strung up almost before he was aware of what was so immediately coming. He was a strong-built, healthy man, and his struggles, when hanging, were very violent for a few minutes.

This Jenkins was one of the notorious "Sydney coves," and was believed to be a man of desperate and crime-stained charac