The American West Topic Summaries

Lawlessness in the West

GCSE > History > Eduqas > GCSE History: The American West (1835-1895) > Early settlement (1835–1861) > Lawlessness in the West
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Key terms
  • Rapid settlement led to new crimes and weak law enforcement.
  • Claim jumping (stealing someone’s mining claim) and violence were common in mining towns.
  • Courts discriminated against Chinese immigrants and Native Americans, who could not testify in court.
  • Vigilance committees often took the law into their own hands, sometimes resulting in lynching before a suspect could be tried.
  • Federal government response:
    • Before a territory reached 60,000 people, it wasn’t called a state and did not have an official legal system or a governor.
    • The federal government set laws for each territory and appointed: a governor, three judges to oversee court cases, and a US marshal to enforce laws. US marshals could then appoint deputies to assist them.
  • Sherrifs were elected by communities once the population reached 5,000, and served two-year terms. Their responsibilities included settling disputes and organising posses to capture lawbreakers. However, they often lacked legal training, leading to unfair decisions and public resentment.
  • Mining towns had no official legal system, so residents created their own by writing local laws, appointing a respected local as a judge, and using juries made up of townspeople. They predominantly tracked land ownership and mining claims.
  • Problems with law enforcement:
    • There were many explicitly and implicitly racist elements of these legal systems. White men often avoided punishment for crimes against them due to a lack of ‘acceptable’ witnesses.
    • Vigilance committees: were groups of up to 200 men took justice into their own hands due to distrust in the federal system. They punished suspected criminals without trial, often leading to lynchings. These committees quickly spread through mining towns.
    • Geography: territories were vast and isolated, making communication slow and response times long.
    • Underpaid officers: low salaries made law officers susceptible to bribes.
    • Lack of training: many sheriffs had no legal education, resulting in inconsistent and biased rulings.

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