Western Characters; or, Types of Border Life in the Western StatesMcConnel, John Ludlum
General
Western Characters; or, Types of Border Life in the Western States
McConnel, John Ludlum
Frontier and pioneer life -- Mississippi River Valley; Mississippi River Valley -- Social life and customs
The territorial governments were too busy in completing their own
organization, to give much attention to details: where states had been
formed, the statute-book was yet a blank: few officers had been
appointed, and even these were strangers to their duties and charge of
responsibility. Between the military rule of the rangers--for they were
for internal police as well as external defence--and the establishment
of regular civil government, there was a sort of interregnum, during
which there was neither law nor power to enforce it. The bands of
villains who infested the country were the only organizations known;
and, in not a few instances, these bands included the very magistrates
whose duty it was to see that the laws were faithfully executed. Even
when this was not the case, it was a fruitless effort to arrest a
malefactor; indeed, it was very often worse than fruitless, for his
confederates were always ready to testify in his favor: and the usual
consequence of an attempt to punish, was the drawing down upon the head
of the complainant or prosecutor, the enmity of a whole confederacy.
Legal proceedings, had provision been made for such, were worse than
useless, for conviction was impossible: and the effort exasperated,
while the failure encouraged, the outlaw spirit.
An _alibi_ was the usual defence, and to those times may be referred the
general prejudice entertained among our people, even at the present day,
against that species of testimony. A jury of western men will hardly
credit an _alibi_, though established by unexceptionable witnesses; and
the announcement that the accused depends upon that for his defence,
will create a strong prejudice against him in advance. Injustice may
sometimes be done in this way, but it is a feeling of which our people
came honestly in possession. They established a habit, in early days, of
never believing an _alibi_, because, at that time, nine _alibis_ in ten
were false, and habits of thought, like legal customs, cling to men long
after their reason has ceased. It is right, too, that it should be so,
on the principle that we should not suspend the use of the remedy until
the disease be thoroughly conquered.
In a state of things, such as we have described, but one of two things
could be done: the citizens must either abandon all effort to assert the
supremacy of order, and give the country over to thieves and robbers,
or they must invent some new and irregular way of forcing men to live
honestly. They wisely chose the latter alternative. They consulted
together, and the institution of _Regulators_ was the result of their
deliberations.
Public-domain text, read in full here on John Shaqi.
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