UNLV Retrospective Theses & Dissertations 1-1-2006 Vigilante justice and civic development in 1850s San Francisco Nancy S Papin University of Nevada, Las Vegas Follow this and additional works at: https://digitalscholarship.unlv.edu/rtds Repository Citation Papin, Nancy S, "Vigilante justice and civic development in 1850s San Francisco" (2006). UNLV Retrospective Theses & Dissertations. 1967. http://dx.doi.org/10.25669/ncqg-edvl This Thesis is protected by copyright and/or related rights. It has been brought to you by Digital Scholarship@UNLV with permission from the rights-holder(s). You are free to use this Thesis in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you need to obtain permission from the rights-holder(s) directly, unless additional rights are indicated by a Creative Commons license in the record and/ or on the work itself. This Thesis has been accepted for inclusion in UNLV Retrospective Theses & Dissertations by an authorized administrator of Digital Scholarship@UNLV. For more information, please contact [email protected]. VIGILANTE JUSTICE AND CIVIC DEVELOPMENT IN 1850s SAN FRANCISCO by Nancy S. Papin Bachelor of Arts University of Nevada, Las Vegas 2003 A thesis submitted in partial fulfillment of the requirements for the Master of Arts Degree in History Department of History College of Liberal Arts Graduate College University of Nevada, Las Vegas May 2006 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. UMI Number: 1436780 Copyright 2006 by Papin, Nancy S. All rights reserved. INFORMATION TO USERS The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleed-through, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. UMI UMI Microform 1436780 Copyright 2006 by ProQuest Information and Learning Company. All rights reserved. This microform edition is protected against unauthorized copying under Title 17, United States Code. ProQuest Information and Learning Company 300 North Zeeb Road P.O. Box 1346 Ann Arbor, Ml 48106-1346 Reproduced witfi permission of tfie copyrigfit owner. Furtfier reproduction profiibited witfiout permission. Copyright by Nancy S. Papin 2006 All Rights Reserved Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. 7 Thesis Approval The Grndujte College Liii\ ersitv of Newid^i, L.is Vegiis April 6 27 06 I he fhesis prepared by Nancy S. Papin Entitled Vigilante Justice and Civic Development in 1850s San Francisco is approved in partial fulhllment of the requirements tor the degree of Master of Arts in History_____________________ t. x.uiinuiht'K I'inivin'li'i' Chau L(' //fi/ Ki'/'rrsi'Nfadî'r Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. ABSTRACT Vigilante Justice and Civic Development in 1850s San Francisco by Nancy S. Papin Dr. David Tanenhaus, Examination Committee Chair Professor of History University of Nevada, Las Vegas The years between the American Revolution and the Civil War witnessed the prevalence of public disorder and social violence, especially in the expanding American West. In many instances, crowds took the law into their own hands and dealt summary vengeance on suspected criminals. This study delves into the political and legal climate of San Francisco in the 1850s to examine perhaps the most famous episodes of vigilantism in antebellum America; the San Francisco Vigilante Committees of 1851 and 1856. Through a careful contextualization and comparison of these committees, the thesis argues that the leaders of the respective committees believed that extralegal traditions seemed to be the best solution for securing law and order in the short run and for establishing a solid foundation for civic development. The thesis concludes with an examination of how future generations viewed these committees and their actions. Ill Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. TABLE OF CONTENTS ABSTRACT.............................................................................................................................iii ACKNOWLEDGMENTS....................................................................................................... v INTRODUCTION THE PROBLEM OF LAW AND LAWLESSNESS IN THE AMERICAN WEST.................................................................................................................1 Three Schools of Thought in Historiography of Vigilance ..............................................5 Focus of Study .....................................................................................................................8 How Law versus Lawlessness in the Developing Legal Structure................................ 11 CHAPTER 1 SAN FRANCISCO COMMITTEE OF VIGILANCE, 1851 .....................12 Transition from Mexican Law to English Common Law ...............................................14 Awakening of Citizens by the Death of Merchant, CJ. Jensen .....................................20 Formation of Committee of Vigilance, June 8, 1851 ......................................................28 CHAPTER 2 SAN FRANCISCO: LAWLESSNESS AND VIGILANCE IN 1856 ...... 42 Revival of Committee of Vigilance................................................................................. 42 Developing Undercurrent of Political Atmosphere........................................................45 Formal Dueling Rises to Status of Popular Recreation ..................................................54 Assassination of James King Created Purpose and Drive for Committee.................... 56 Trial of State Supreme Court Justice David S. Terry .....................................................61 CHAPTER 3 CONCLUSION: THE VIGILANCE COMMITTEES IN PUBLIC/HISTORICAL MEMORY.................................................................................... 65 Model for Understanding Frontier Phenomenon of Lawlessness and Extralegal Justice ...............................................................................................................70 Summary ............................................................................................................................ 71 APPENDIX 1 VIGILANTE UPRISINGS IN THE FRONTIER WEST.........................74 APPENDIX 2 CONSTITUTION AND ADDRESS OF THE COMMITTEE OF VIGILANCE.....................................................................................................................77 BIBLIOGRAPHY...................................................................................................................83 VITA........................................................................................................................................90 IV Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. ACKNOWLEDGMENTS The author wishes to express sincere appreciation to Professors David Wrobel, Maria Casas, and John Tuman for their assistance as Committee members for this thesis. In addition, special thanks to Dr. David Tanenhaus whose efforts as the Committee Chair and Advisor were outstanding and invaluable in this undertaking. Without his mentoring, I would never have followed the path for a study in Legal History. Thanks also to the members of the History Department in their efforts on behalf of the Graduate Students. Special thanks to my family for putting up with me throughout this endeavor. Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. INTRODUCTION THE PROBLEM OF LAW AND LAWLESSNESS IN THE AMERICAN WEST We do not advocate the rash and vengeful inflietion of summary punishment on any person against whom the proof is not positive... but although opposed to capital punishment in old communities, where the execution of the law is so perfectly systematized that justice seldom fails of its victims, we nevertheless believe that some startling and extraordinary correction is necessary in San Francisco to arrest the alarming increase of crimes against property and life, and to save the remainder of the city from destruction. John Nugent, San Francisco Herald, December 14, 1850 The streets of San Francisco presented a scene of furious, mad disorder. Living masses surged down the byways, through thoroughfares, and over the planked roads, until the tramp and roar of the multitude sounded like the beating of the ocean waves upon a stormy shore. Every moment the crowd grew more intense, and the pulse of the excited populace beat higher.. .the members of the vigilance committee rushing back and forth until the culprits each had been dragged to the block and hung until motionless by the neek. Editorial, Alta California, August 25, 1851 The years between the American Revolution and the Civil War saw the prevalence of publie disorder and social violence, especially in the expanding American West. Immediately after the Revolution many of the western regions did not wait for action from the Continental Congress, but created their own extralegal organizations,