ual in a new community, a very large
contingent of wild, reckless young men without a care in the world, with
no possible interest in the rights and wrongs of the case, or, indeed,
in themselves. They were eager only for adventure and offered themselves
just as soon as the prospects for a real fight seemed good. Then, too,
they could always count on the five hundred Texans who had been
imported.

There were plenty of weapons with which to arm these partisans. Contrary
to all expectations, the Vigilance Committee had scrupulously refrained
from interfering with the state armories. All the muskets belonging to
the militia were in the armories and were available in different parts
of the city. In addition, the State, as a commonwealth, had a right to a
certain number of federal weapons stored in arsenals at Benicia. These
could be requisitioned in due form.

But at this point, it has been said, the legal minds of the party
conceived a bright plan. The muskets at Benicia on being requisitioned
would have to cross the bay in a vessel of some sort Until the muskets
were actually delivered they were federal property. Now if the Vigilance
Committee were to confiscate the arms while on the transporting vessel,
and while still federal property, the act would be piracy; the
interceptors, pirates. The Law and Order people could legally call on
the federal forces, which would be compelled to respond. If the
Committee of Vigilance did not fall into this trap, then the Law and
Order people would have the muskets anyway.[7]

[7: Mr. H.H. Bancroft, in his _Popular Tribunals_, holds that no proof
of this plot exists.]

To carry out this plot they called in a saturnine, lank, drunken
individual whose name was Hube Maloney. Maloney picked out two men of
his own type as assistants. He stipulated only that plenty of
"refreshments" should be supplied. According to instructions Maloney was
to operate boldly and flagrantly in full daylight. But the refreshment
idea had been rather liberally interpreted. By six o'clock Rube had just
sense enough left to anchor off Pueblo Point. There all gave serious
attention to the rest of the refreshments, and finally rolled over to
sleep off the effects.

In the meantime news of the intended shipment had reached the
headquarters of the Vigilantes.

The Executive Committee went into immediate session. It was evident that
the proposed disbanding would have to be postponed. A discussion
followed as to