The Story of the Outlaw: A Study of the Western DesperadoHough, Emerson
History
The Story of the Outlaw: A Study of the Western Desperado
Hough, Emerson
Crime -- West (U.S.); Criminals -- West (U.S.); Outlaws; West (U.S.) -- History
structure claiming the title of the law. In this strange, swift panorama
there is all the story of the social system, all the picture of the
building of that temple of the law which, as Americans, we now revere,
or, at times, still despise and desecrate.
At first the average gold seeker concerned himself little with law,
because he intended to make his fortune quickly and then hasten back
East to his former home; yet, as early as the winter of 1849, there was
elected a legislature which met at San Jose, a Senate of sixteen members
and an Assembly of thirty-six. In this election the new American vote
was in evidence. The miners had already tired of the semi-military phase
of their government, and had met and adopted a state constitution. The
legislature enacted one hundred and forty new laws in two months, and
abolished all former laws; and then, satisfied with its labors, it left
the enforcement of the laws, in the good old American fashion, to
whomsoever might take an interest in the matter.[D] This is our custom
even to-day. Our great cities of the East are practically all governed,
so far as they are governed at all, by civic leagues, civic federations,
citizens' leagues, business men's associations--all protests at
non-enforcement of the law. This protest in '49 and on the Pacific coast
took a sterner form.
[Footnote D: Tuthill: "History of California."]
At one time the city of San Francisco had three separate and distinct
city councils, each claiming to be the only legal one. In spite of the
new state organization, the law was much a matter of go as you please.
Under such conditions it was no wonder that outlawry began to show its
head in bold and well-organized forms. A party of ruffians, who called
themselves the "Hounds," banded together to run all foreigners out of
the rich camps, and to take their diggings over for themselves. A number
of Chileans were beaten or shot, and their property was confiscated or
destroyed. This was not in accordance with the saving grace of American
justice, which devoted to a man that which he had earned. A counter
organization was promptly formed, and the "Hounds" found themselves
confronted with two hundred "special constables," each with a good
rifle. A mass meeting sat as a court, and twenty of the "Hounds" were
tried, ten of them receiving sentences that never were enforced, but
which had the desired effect. So now, while far to the eastward the
Congress was hotly arguing the question of the admission of California
as a state, she was beginning to show an interest in law and justice
when aroused thereto.
Public-domain text, read in full here on John Shaqi.
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