The Alcade Style Law

The mining camps developed laws that were spontaneous, local and independent of the world around them.  They were living outside the law of Mexico, but not within the law of any United States yet.  The de facto Governors of California territory had problems enough without trying to govern the miners against their will.  

The "alcalde" heard disputes during the Gold Rush in a little schoolroom on the plaza of San Francisco.  He listened to arguments, made decisions, and fixed a fee for his services which was paid by the parties.  Actually "alcalde" came to mean a name of an entirely local official who and little knowledge of any law Mexican or American.  His office was said to have volumes of the laws of Iowa, Illinois, Missouri and South Carolina with some French, Spanish or German thrown in. A little common sense and conscience was said to be a part of this illusive character as well.  

Basically these mining camps ran themselves - there was little dependence on the force of established government elsewhere.  Individual mining camps devised their own rules about the size, staking and defense of mining camps, the definition and punishment of crimes, all the business of government.  Informal assembly was the legislative, judiciary and executive all in ones.  Qualifications for membership was vague - anyone present, even boys 15 years of age could vote.  

Each time a new law or rule was made, it was made for a specific purpose. With the exception of the alcalde, their were no officials or administrative side to the law. If an official was deemed necessary, he was elected at the time, for that purpose.  When the situation passed, their power was also past.  Officials only made decisions that were quickly and effectively enforced.  

Crime was rare, punishment certain.  As one '49er writes:

"One afternoon I saw Charley Williams whack three of our fellow citizens  over the back 29-40 strokes for stealing a neighbor's money.  The multitude of disinterested spectators had conducted the court.  There were no attorney's fees or court charges.  Justice was administered with little loss of time and even less expense.  There was no more stealing in the camp after that."

Next time...the "court" system

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Today in Pioneer History: "On July 20, 1969, at 10:56 PM, American Astronaut Neil Armstrong steps foot on the moon for the first time, 240,000 miles from Earth.  Four days later, Apollo 11 would return to Earth safely.  It truly was "one small step for man, one giant leap for mankind."