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Law(lessness) and (lack of) Order in the American West

System of Law and order in American West

New land = became a federal territory with a governor, 3 judges and US Marshal

Population of 5,000 = the territory still had a governor, 3 judges and US Marshal but also locally elected to deal with local criminals and local affairs.

Population of 60.000 = the territory became a with its own laws, government and finance, with a US marshal. Only at this point was there any effective law enforcement/ justice.

 

Problems of trying to establish law and order

Poverty: so people resorted to desperate measures.

Arguments: over , water, greed, and gambling

Scared of reprisal: 'respectable' citizens were scared to speak out for fear of reprisal.

Culture of violence: everyone carried guns, and sorted out problems by using violence.

All-male: there were few women, so there was no calming influence.

Racial tensions: racism, language differences, no sense of community.

Enforcement poor: juries were bribed, often biased/ judges had poor knowledge of law/ sheriffs were as violent as the criminals (e.g. )/ vigilante groups were often as big a problem as the criminals

Distance: difficult to cover such large areas and isolated communities.

 

Vigilantes

People set up groups because:

Unsafe conditions: people felt there was nothing much to lose.

Problems with law: it seemed no-one was in overall control - confusion.

Severe: people felt drastic punishment was the only answer.

Exasperation: justice was not seen to be done, so people 'did it themselves.'

Type of people living there: many criminals with no respect for the law.

Vigilante groups provided swift and effective punishment. They helped establish law and order - e.g., in - by 'clearing out' the worst criminals before the state system was set up.

BUT they were not a long term solution - many vigilantes used their power to settle personal quarrels, and many ordinary citizens feared for their lives.

 

Improvements after 1870

Towards the end of the century, there were improvements in law and order:

Government: the federal government set up judicial circuits in frontier areas. It also expanded the role of US Marshals to deal with interstate crimes and track down notorious outlaws such as .

Railroads : employed private security forces such as the Detective Agency to protect railroad property and track down notorious criminals (such as the James-Younger Gang).

Outlaw Pursuit: federal and local lawmen often worked together to pursue outlaws such Jesse James and Butch Cassidy's .

World-famous Lawmen: such as Wyatt Earp and became legends in their efforts to uphold the law in places like Dodge City and .

State involvement: As territories became States, they set up courts, sheriffs, and police forces.

US Army: although the Army's main role was to protect settlers from perceived threats, it also kept peace between rival civilians groups (e.g. Johnson County War).

Public hangings and shoot-outs: were symbolic acts of law enforcement, often without proper process, used to deter.