Charles Doane, Major General, marched in quick time
to the scene. Judge Terry had gone to the armory,
Maloney and others with him. The Law and Order
troops were less than three hundred strong. The
Vigilance force numbered several thousand. A surrender
was demanded. It would have been folly to resist,
and with Terry and Maloney as prisoners, and the Law
and Order troops as prisoners of war, so to say, the
Vigilance forces marched back to their fortified quarters.
The arrest of Judge Terry wrought the excitement to
its climax. What would the Committee do with
him? was the question asked by every one. His
residence was temporarily in Sacramento, but Stockton
was his home place. Governor Johnson was devoted
to him; David S. Douglass, Secretary of State, was
a bosom friend. Hundreds in the capital city were
prepared to go to any length to rescue him. His
thousands of friends in San Joaquin, everywhere in
the San Joaquin Valley, were aroused to the extremity
of desperation. All over the State the feeling
for Judge Terry was very strong. Harm to him
would have precipitated a domestic row, which would
have caused immense sacrifice of life, and the destruction
of San Francisco. It would have extended into
the interior, and raged there in bloodshed and devastation.
The peaceful way out of the difficulty was thought
the better course, if it could be accomplished.
The occasion was extraordinary, and never contemplated
— the exigency beyond immediate solution.
As James Dows, one of the coolest in judgment and wisest
in counsel of the Executive Committee, pertinently
described the situation in the pithy remark, “We
started in to hunt cayotes, but we’ve got a
grizzly bear on our hands, and we don’t know
what to do with him.” The Executive Committee
were not themselves masters of the situation.
Behind them, subject to them and ready to obey their
commands on ordinary occasions, were the 5,000 members
of the Committee who carried arms, and felt themselves
superior to even the Executive Committee, if occasion
should happen to test the matter. Of their number
nearly one-third were of foreign nationality, and
of these a considerable proportion did not very well
speak English — they were of revolutionary, if
not insurrectionary temper — and had participated
in uprisings in their native land against the government.
Many of the native born members were of similar disposition.
It had been resolved by this element of the Committee,
that if Hopkins should die, Terry must hang; and the
only alternative of the Executive Committee would
be to order the execution or spirit him away, at the
peril of their own lives. To hang a Justice of
the highest judicial tribunal of the State, was a very
serious matter to contemplate — a most hazardous
extremity in any event. If spared from the fury
of their troops, by ordering the execution, their death
was certain at the hands of Judge Terry’s avengers.
In this quandary, the Executive Committee were as
anxious for a safe way out, without blood or sacrifice,