Mining Camp Courts

These "mining camp courts" were another name for an assembly of all who swung a pick or held a claim.  It voted on punishment for theft and murder, decided ownership and boundaries of claims.  It did not decide minor personal disputes or collect debts.

The early Western mining court lacked permanent officials (except the occasional alcalde) and also lacked written laws.  No records were kept.  Anyone could call it into session.  Anyone who didn't see the urgency of the reason for the session, simply didn't come.  

There is a recorded case in Jackson Creek Camp (in present day Oregon) where the camp wanted the Alcalde Rogers to resign but he kept refusing.  A case came before him concerning a miner who had lost his property to his partner do to a crippling accident.  Rogers refused more than once to hear the case.  In 1852, over one thousand miners left their jobs that day to form their own court of appeals.  They elected a fellow miner as judge and retried the case that Rogers wouldn't, complete with jury, counsel arguments and witnesses.  The ownership case was found in favor of the injured man and Rogers was disposed.  The majority rule kept corruption out and suppressed violence.

Even though they lacked written laws, the mining camps were not lawless.  Sometimes, however, vigilantism was necessary to deal with those who tried to take over what government they did have.  Unlike what it sounds like, vigilantism took tact and courage as well as considerable organizing ability to be used successfully.  

Next time - we will take a look at one of the best recorded examples of vigilantism

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Today in Pioneer History: "On July 23, 1918, Della Sorenson begins her murder spree which ends with seven family members dead by poisoning in Nebraska, most of them babies.  Her reason?  She enjoyed attending funerals...You can read more details at This Day in History at the History Channel Website.  She was found to be schizophrenic and committed to a state mental asylum in 1925.

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."

Time is Money

Going back to the mining camp laws of the 1840s and 1850s of a couple of posts ago, these were communities in the West made up of temporary, or transient people,  They were far from courts and government institutions.  Given this kind of community there were problems.  Put man together in a place without structure or rules and you have problems.  These mining camps were rough and tough.  By the very way they were settled, there were those who did not see rules as necessary.  The Vigilante style of law that prevailed was unique to mining towns across the West.

Miners preferred speedy justice - time was money.  Especially in the early days of the Gold Rush, a man was worth $16 to $100 a day.  Mining laws set by the Spanish ordered cases decided without delay.  A few hours could mean the difference between lucky and unlucky.  Those that decided cases received no pay, there were no jails and no guards - no place or time to worry about fair trial or juries.  Many times the accused was hung within a hour's time.

Popular forms of punishment included banishment, whipping and of course, hanging.  The methods were cheap and speedy.  In a community were a man might be there today and gone tomorrow, literally, the law had to act today if it was to be effective.

Josiah Royce, American philosopher, whose family went West in 1849, wrote a book California that describes Vigilante law in mining communities thus..."it was harder to work for a Vigilante Committee for a month than for a lifetime on a legal jury in a quiet town."  

Next time...More western mining laws.

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Today in Pioneer History: "On July 13, 1787, the Northwest Ordinance was enacted which structured the settlement of the Northwest Territory and created a policy for adding new states to the United States.  

The Laws of Gold and Silver

Like the settler's associations who made the laws for the newly settled communities in the West, gold mining towns did the same thing.  Mining towns were also beyond the range of effective federal law.  Miners who arrived first, like the first settlers, simply made their own laws.

As early as 1851 in California, the rule was that mining claims shall govern based on the "usage, regulations and customs."  By 1866 there were over 500 self-organized mining districts in California, 200 in Nevada and 100 each in Arizona, Idaho and Oregon.  There were 1100 of these self-governing mining districts across the West.

The self-governing districts all had the basic belief that they should and could make and enforce their own laws.  In July of 1866 Congress recognized that wherever these districts "did not conflict with the laws of the United States, they should prevail.  The rules and regulations of the miners form the basis of the present admirable system arising out of necessity.  They become the means adopted by the people themselves for just protection of all. The local courts recognize these rules, the central idea of which is priority of possession."  

Some things were unique to mining towns.  Like the settlers, the proper title then belonged to those that discovered it, those who arrived first, but continual use of the claim was necessary for legal ownership in a mining town.  No one was allowed to hold on to a claim longer than they used it.  The first person to reach a stream could draw out as much as he could use, not just for mining but for irrigation of farms, livestock, etc.

This priority law for both settler's and for mining towns lasted until at least the end of the century all across the West.  

Next time...New topic?

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Today in Pioneer History: "On July 5, 1957, John Lennon meets Paul McCartney for the first time.  John was scheduled to play at the Woollton Parish Church Garden Fete as part of the Quarrymen group.  Paul, only 15 years of age showed up to listen to 17 year old John and his band. Paul was introduced by a mutual friend and played a guitar riff for John...the rest is history as they say.

Pioneer Pieces: Greater than the Comstock Really?

Most of those referred to as "Greater than the Comstock" never recovered much of any ore, or even came close to the Comstock.  There were exceptions, however, such as South Dakota's Homestake whose single largest shareholder was George Hearst.  Hearst began in Virginia City.  Homestake out produced and outlived the Comstock.

Bodie, in California Mono County, was one of the earliest and long lasting of all mining camps, and its gold production actually dates back seven years before the Comstock discovery, but was only acknowledged in 1862 after Comstock was going strong.  Waterman Body, "the Dutchman from Poughkeepsie" found substantial deposits - and the rush was on to Bodie.

The wagon road over the Senora Pass was once again filled with miners who brought into Bodie all that made up a mining camp: whiskey, girls, firearms, mining supplies, gambling tables, and shack dwellings.

Was Bodie or Homestake really "Greater than the Comstock"? No.  Bodie kept operating with new discoveries that came along well into the turn of the century.  The "Bad Man of Bodie" is a part of the legend of the Old West.

The end of the phrase "greater than the Comstock" next time...