The Forty-Niners: A Chronicle of the California Trail and El DoradoWhite, Stewart Edward
History
The Forty-Niners: A Chronicle of the California Trail and El Dorado
White, Stewart Edward
California -- Gold discoveries; California -- History; California National Historic Trail
There were two immediate results of this state of affairs. In the first
place, every citizen became more intensely interested and occupied with
his own personal business than ever before; he had less time to devote
to the real causes of trouble, that is the public instability; and he
grew rather more selfish and suspicious of his neighbor than ever
before. The second result was to attract the dregs of society. The
pickings incident to demoralized conditions looked rich to these men.
Professional politicians, shyster lawyers, political gangsters, flocked
to the spoil. In 1851 the lawlessness of mere physical violence had come
to a head. By 1855 and 1856 there was added to a recrudescence of this
disorder a lawlessness of graft, of corruption, both political and
financial, and the overbearing arrogance of a self-made aristocracy.
These conditions combined to bring about a second crisis in the
precarious life of this new society.
CHAPTER XIII
THE STORM GATHERS
The foundation of trouble in California at this time was formal
legalism. Legality was made a fetish. The law was a game played by
lawyers and not an attempt to get justice done. The whole of public
prosecution was in the hands of one man, generally poorly paid, with
equally underpaid assistants, while the defense was conducted by the
ablest and most enthusiastic men procurable. It followed that
convictions were very few. To lose a criminal case was considered even
mildly disgraceful. It was a point of professional pride for the lawyer
to get his client free, without reference to the circumstances of the
time or the guilt of the accused. To fail was a mark of extreme
stupidity, for the game was considered an easy and fascinating one. The
whole battery of technical delays was at the command of the defendant.
If a man had neither the time nor the energy for the finesse that made
the interest of the game, he could always procure interminable delays
during which witnesses could be scattered or else wearied to the point
of non-appearance. Changes of venue to courts either prejudiced or known
to be favorable to the technical interpretation of the law were very
easily procured. Even of shadier expedients, such as packing juries,
there was no end.
Public-domain text, read in full here on John Shaqi.
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