Early law and order Flashcards
What was “staking a claim”?
Making a legal declaration that you wanted to take control over an area of land
What was “claim jumping”?
Submitting paperwork before the person “staking a claim” - getting in there first
Who were “road agents”?
Gangs of criminals who waited outside mining camps to rob prospectors
What situation did many prospectors find themselves in by mid-1850 in the mining camps?
They had found nothing - they had “worked out” their claim
What three things would ordinary prospectors do when they had “worked out” their claim?
1) Took a job with the mining companies
2) Moved to other territories to find gold
3) Looked for jobs
Why was there a crime wave in San Francisco in 1851?
Many prospectors who went to San Francisco in search of a job could not find work
What happened to the number of Chinese migrants in California between 1851 and 1852?
1851: 2,000 migrants
1852: 20,000 migrants
How were Chinese miners in California treated worse than other miners?
They were prevented from working new claims
Who controlled territories in the West?
The federal (US) government
When could a territory become a state, with its own state government, laws and legal system?
When its population reached 60,000
What did the federal government appoint for each territory?
A governor, a US marshal and three judges
Who could a US marshal appoint to help enforce the law in a territory?
Deputies
What group could a US marshal form to hunt down lawbreakers?
A posse
When could communities elect a sheriff for their county?
When a territory reached a population of 5,000 people
On what grounds was a sheriff chosen?
Their ability to calm people down and break up fights
Why did sheriffs and marshals struggle with the size of territories before 1851?
Territories were huge areas with scattered settlements, but the fastest mode of travel was on horse - so it took a long time for news to travel and for officers to get where they were needed
Law enforcement was badly paid before 1851 - why was this a problem?
It was hard to recruit law officers and many were corrupt
Why was injustice a problem for law officers before 1851?
Sheriffs had no legal training, so they favoured their friends over other people
Who were “land clubs” and what did they do?
Organisations formed by settlers - they sorted out land claims and settled disputes
What would happen to a settler who broke the rules of a land club?
They were ostracised (no-one would talk to them or do any business with them)
Who were “vigilantes”?
Groups of ordinary citizens who punished suspected lawbreakers themselves
What organisation did vigilantes make up?
The vigilance committee
How many men would be in a typical vigilance committee?
Around 200
How many vigilance committees were there in the early 1860s in California?
At least 30
What was the main problem with vigilance committees?
They used their power to settle scores - there was often not a fair trial
What did mining communities do to settle disputes in mining camps?
They came together to write down the rules that would govern mining in their district
Who wrote down all the claims made in a mining camp?
A recorder
What was created in a mining communities to judge disputes?
A court, with a respected community member as judge
Did the California state government try to stop racist attacks against Plains Indians and Chinese migrants?
No - they encouraged them
