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The Forty-Niners - A Chronicle of the California Trail and El Dorado by Stewart Edward White
page 157 of 181 (86%)
nothing of taking physical possession of the city, meant little to these
legal minds.

In order that all things should be technically correct, then, Judge
Terry issued a writ of habeas corpus for William Mulligan and gave it
into the hands of Deputy Sheriff Harrison for service on the Committee.
It was expected that the Committee would deny the writ, which would
constitute legal defiance of the State. The Governor would then be
justified in issuing the proclamation. If the state troops proved
unwilling or inadequate, as might very well be, the plan was then to
call on the United States. The local representatives of the central
government were at that time General Wool commanding the military
department of California, and Captain David Farragut in command of the
navy-yard. Within their command was a force sufficient to subdue three
times the strength of the Vigilance Committee. William Tecumseh Sherman,
then in private life, had been appointed major-general of a division of
the state militia. As all this was strictly legal, the plan could not
possibly fail.

Harrison took the writ of habeas corpus and proceeded to San Francisco.
He presented himself at headquarters and offered his writ. Instead of
denying it, the Committee welcomed him cordially and invited him to make
a thorough search of the premises. Of course Harrison found nothing--the
Committee had seen to that--and departed. The scheme had failed. The
Committee had in no way denied his authority or his writ. But Harrison
saw clearly what had been expected of him. To Judge Terry he
unblushingly returned the writ endorsed "prevented from service by armed
men." For the sake of his cause, Harrison had lied. However, the whole
affair was now regarded as legal.

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