Excerpt: ...command of this Federal military department. The Federal Arsenal was at Benicia. For the want of authority from the Federal government at Washington, neither the military nor the naval forces could interfere, and the hands of General Wool, the same of Commodore Farragut, were practically tied, The only way in which the Federal authority could be invoked was by due process of constitutional law. This required that the Governor should convene the Legislature, that that body should call out the State militia to ...
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Excerpt: ...command of this Federal military department. The Federal Arsenal was at Benicia. For the want of authority from the Federal government at Washington, neither the military nor the naval forces could interfere, and the hands of General Wool, the same of Commodore Farragut, were practically tied, The only way in which the Federal authority could be invoked was by due process of constitutional law. This required that the Governor should convene the Legislature, that that body should call out the State militia to quell the insurgent or rebellious Vigilantes; and, these being insufficient for that purpose, then the call for the aid of the Federal forces would be in order. It would take months to do all this. Prompt action was the imperative necessity. Governor Johnson did not act with promptitude. He sent on a committee of citizens to Washington. President Pierce could do nothing under the circumstances. He must first be satisfied that the Powers of the State had been inadequate to overcome the trouble. This had not been done; and it was of first importance before the strong arm of the Federal authority could be ordered. Meantime an incident occurred which helped to fortify the Committee and to impair the power of the State, in the popular estimation. Upon order of Governor Johnson, six cases of muskets were delivered to Jas. R. Maloney, at Benicia arsenal, put aboard the schooner Julia, to be delivered at San Francisco, to the Law and Order organization. The Vigilance Committee Executive had been apprised of the transaction, and adopted means to get possession of the arms. Accordingly, on June 21st, as the Julia was on her way down from Benicia, she was boarded in San Francisco Bay by C. E. Rand and John L. Durkee, in the employ of the Committee, and the two captured the schooner, took possession of the muskets, and delivered them into the keeping of the Committee. The six cases contained 113 muskets. Action was brought against Rand and Durkee for...
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