Greater Britain: A Record of Travel in English-Speaking Countries During 1866-7Dilke, Charles Wentworth, Sir
History
Greater Britain: A Record of Travel in English-Speaking Countries During 1866-7
Dilke, Charles Wentworth, Sir
Great Britain -- Colonies -- History -- 19th century; United States -- Description and travel; Voyages around the world
If, in the merchant founders of the Vigilance Committees of San
Francisco we can see the descendants of the justice-loving Germans of
the time of Tacitus, I found in another class of vigilants the moral
offspring of Alfred‘s village aldermen of our own Saxon age. From Mr.
William M. Byers, now editor of the _Rocky Mountain News_, I had heard
the story of the early settlers’ land-law in Missouri; in Stanton‘s
office in Denver City, I had seen the records of the Arrapahoe County
Claim-club, with which he had been connected at the first settlement of
Colorado; but at San José, I heard details of the settlers’
custom-law--the Californian “grand-coûtumier,” it might be called--which
convinced me that, in order to find the rudiments of all that,
politically speaking, is best and most vigorous in the Saxon mind, you
must seek countries in which Saxon civilization itself is in its
infancy. The greater the difficulties of the situation, the more racy
the custom, the more national the law.
When a new State began to be “settled up”--that is, its lands entered
upon by actual settlers, not landsharks--the inhabitants often found
themselves in the wilderness, far in advance of attorneys, courts, and
judges. It was their custom when this occurred to divide the territory
into districts of fifteen or twenty miles square, and form for each a
“claim-club” to protect the land-claims, or property of the members.
Whenever a question of title arose, a judge and jury were chosen from
among the members to hear and determine the case. The occupancy title
was invariably protected up to a certain number of acres, which was
differently fixed by different clubs, and varied in those of which I
have heard the rules from 100 to 250 acres, averaging 150. The United
States “Homestead” and “Pre-emption” laws were founded on the practice
of these clubs. The claim-clubs interfered only for the protection of
their members, but they never scrupled to hang willful offenders
against their rules, whether members or outsiders. Execution of the
decrees of the club was generally left to the county sheriff, if he was
a member, and in this case a certain air of legality was given to the
local action. It is perhaps not too much to say that a Western sheriff
is an irresponsible official, possessed of gigantic powers, but seldom
known to abuse them. He is a Cæsar, chosen for his honesty,
fearlessness, clean shooting, and quick loading, by men who know him
well: if he breaks down, he is soon deposed, and a better man chosen for
dictator. I have known a Western paper say: “Frank is our man for
sheriff, next October. See the way he shot one of the fellows who robbed
his store, and followed up the other, and shot him too the next day.
Frank is the boy for us.” In such a state of society as this, the
distinction between law and lynch-law can scarcely be said to exist, and
in the eyes of every Western settler the claim-club backed by the
Public-domain text, read in full here on John Shaqi.
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