Wagon Train Law

This "association club" law we have been discussing arose not to circumvent the court, but to provide them, not because the machinery of government was too complicated, but because there was none, and not to neutralize institutions already there but to fill the vacuum from lack of them.  

Not only did this "citizen law" exist in communities and mining towns, but also along the wagon trails going West.  One such story is of a member of a traveling party who made known his intentions to steal an Indian horse.  He had got the rope and had gone to do the deed.  This kind of act had serious consequences for the whole wagon train company.  

The whole company headed by Captain Hastings became the "legislative body" and set about deciding whether this man had violated criminal law in their eyes.  Prosecution and defense speeches were heard.  It was found that since he had as of yet not done any crime except state his intentions to do something, he was acquitted.

After the trial, however, it was clear they needed to establish a legal code of sorts.  What they adopted was stated as "in its opinion, no code of laws were required other than the moral code enacted by the Creator of the universe and what was recorded in the heart of every man."  Not all the company agreed.

Their first try at legislation on fundamentals was a decree against all dogs.  This law required "the immediate and indiscriminate extermination of the whole canine race, young and old, male and female wherever they were found within their jurisdiction."  A few dogs were killed before dog owners threatened to kill anyone who killed their dogs.  The decree was hastily repealed by an unanimous vote.  Captain Hastings said it was the first and last attempt at legislation. Probably a good thing...

Next time...Order in the West

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Today in Pioneer History: "On July 9, 1877 the All England Croquet and Lawn Tennis Club begins its first lawn tennis tournament at Wimbledon.  Twenty-one amateurs showed up to compete in the singles tournament (for men only).  The winner took home a 25 pound trophy.   The winner was William Marshall, a Cambridge tennis player.