t that time
in 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 piracy, in the United States Circuit Court, Judge M. Hall McAllister
presiding, and Judge Ogden Hoffman sitting as associate. The trial came
off September, 1856, and on the 23d of that month the jury returned a
verdict of acquittal. Adjutant-General Kibbe, of the State militia,
meantime made unavailing demand upon the Executive Committee for the
arms. They were not returned to the State until after the Committee had
disbanded.

The next who suffered death at the h