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.
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