Sherman had resigned command of the military in disgust when he found that General Wool and Captain Farragut had no intention of supplying him Federal arms, thus closing—save for later inaccurate writing in his "Memoirs"—an unfortunate phase of his career. In his stead had been chosen General Volney Howard. Howard was a rather fat, very pompous, wholly conceited bombastes furioso with apparently remarkable lack of judgment or grasp of a situation. In the committee's action looking toward adjournment he actually thought he saw a sign of weakening!

"Now is the moment for us to show our power!" he said.

In this he gained the zealous support of Judge Terry and Major Marmaduke Miles, two others with more zeal than discretion. These three managed to persuade Governor Johnson to order a parade of State troops in the streets of San Francisco. Their argument was that such a parade—of legally organized forces—would overawe the citizens; their secret hope, however, was that such a show would provoke the desired conflict. This hope they shared with Howard, after the governor's order had been obtained. Howard's vanity and inclinations jumped together. He consented. Altogether, it was a very pretty little plot.

By now the Law and Order forces had become numerically formidable. The bobtail and rag-tag, ejected either by force or by fright, flocked to the colours. A certain proportion of the militia remained in the ranks, though a majority had resigned. A large contingent of reckless, wild young men, without a care or a tie in the world, with no interest in the rights of the case, or, indeed, in themselves, avid only for adventure, offered themselves as soon as the prospects for a real fight became good. And there were always the five hundred discomfited Texans.

Nor were arms now lacking. Contrary to all expectation, the committee had scrupulously refrained from meddling with the State armouries. All militia muskets were available. In addition the State had now the right to a certain quota of Federal arms, stored in the arsenal at Benicia. These could be requisitioned.

At this point in the planning weasly little Jimmy Ware had a bright idea.

"Look here!" he cried, "how many of those Benicia muskets are there?"

"About a hundred and fifty stand, sir," Howard told him.

"Now they can't help us a whole lot," propounded Ware. "They are too few. But why can't we use them for bait, to get those people on the wrong side of the fence?"

"What do you mean?" asked Terry, who knew Ware intimately.