over the matter to his
attorney-general, Caleb Cushing, who rendered an opinion saying that
Governor Johnson had not yet exhausted the state remedies, and that the
United States government could not interfere.

Little remained for the Committee to do to show its resolution to act as
the State _pro tempore_. That little it now proceeded to do by
practically suspending the Supreme Court of California. In making an
arrest of a witness wanted by the Committee, Sterling A. Hopkins, one of
the policemen retained for work by the Committee, was stabbed in the
throat by Judge Terry, of the Supreme Bench, who was very bitter against
all members of the Committee. It was supposed that the wound would prove
fatal, and at once the Committee sounded the call for general assembly.
The city went into two hostile camps, Terry and his friend, Dr. Ashe,
taking refuge in the armory where the "Law and Order" faction kept
their arms. The members of the Vigilante Committee besieged this place,
and presently took charge of Terry and Ashe, as prisoners. Then the
scouts of the Committee went out after the arms of all the armories
belonging to the governor and the "Law and Order" men who supported him,
the lawyers and politicians who felt that their functions were being
usurped. Two thousand rifles were taken, and the opposing party was left
without arms. The entire state, so to speak, was now in the hands of the
"Committee of Vigilance," a body of men, quiet, law-loving,
law-enforcing, but of course technically traitors and criminals. The
parallel of this situation has never existed elsewhere in American
history.

Had Hopkins died the probability is that Judge Terry would have been
hanged by the Committee, but fortunately he did not die. Terry lay a
prisoner in the cell assigned him at the Committee's rooms for seven
weeks, by which time Hopkins had recovered from the wound given him by
Terry. The case became one of national interest, and tirades against
"the Stranglers" were not lacking; but the Committee went on enrolling
men. And it did not open its doors for its prisoners, although appeal
was made to Congress in Terry's behalf--an appeal which was referred to
the Committee on Judiciary, and so buried.

Terry was finally released, much to the regret of many of the Committee,
who thought he should have been punished. The executive committee called
together the board of delegates, and issued a statement showing that
death and banishment were