Conflict and Tension

• Why was the law not being obeyed?

  The law enforcement was stretched too thin to make sure the law was being obeyed and that law-breakers were punished
• What was the main cause of lawlessness in the West?

  Existing law enforcement could not cope with the rapid rises in population
• What were the causes of lawlessness?

  New crimes e.g. claim jumping. Miners' courts were sometimes set up to help settle claims. Isolated communities, racial tensions from migration, Outlaws and conmen targeted miners who did make money and swindled those who failed, not enough law enforcement, mass settlement meant rapid population increases, social factors e.g. alcohol, gambling and prostitution. Mining camps were almost all-male and violence was fuelled by fights over women
• What was claim jumping?

  One man took over a promising claim made by someone else
• What were miners' courts?

  Miners set up their own courts to settle disputes over claims. The camp usually selected a respected older miner to be the judge
• What is a vigilance committee/vigilantes?

  A group of ordinary citizens that decides to punish suspected lawbreakers itself instead of relying on the official justice system ( usually because that system is inadequate )
• Why was there a huge increase in Chinese migrants?

  A famine in China led to a huge increase in Chinese immigration to San Francisco: 20,000 came in 1852. Chinese people were banned from working new claims but even when their hard work meant they found gold overlooked by white people, whites would often steal it from them. Courts actively discriminated against Chinese people
• San Francisco gangs

  San Francisco's population grew rapidly with the Gold Rush- by 1849 the population went from 1000 to 25,000. Very few prospectors found gold so San Francisco quickly filled with unemployed, disappointed migrants. As more Chinese immigrants came to the city, racial tensions increased. By 1851 gangs had formed and were out of control, the few local policeman were unable to cope and were often bribed. Murder, violence and theft were commonplace. With no effective law enforcement available, citizens of San Francisco set up a vigilance committee. The idea spread to mining camps
• Why did the citizens of San Francisco set up a vigilance committee?

  To control the gang violence of 1851
• What were US marshals?

  Appointed by the President to be responsible for a state or a territory. States and territories were very large so they needed deputies
• What were deputy marshals?

  Assigned to specific towns and counties in the federal territories
• What were town marshals?

  Appointed by townspeople on a yearly basis. Their job was to deal with local outbreaks of lawlessness like saloon brawls and drunken shootings. They could appoint deputies if necessary. There were fewer town marshals than sheriffs but they did much of the same work
• What were sheriffs?

  Appointed in counties for a two year period of office. They could force local people to form into a posse to chase local lawbreakers. They could appoint deputies if necessary
• When could a territory become a state?

  When a territory reached a population of 60,000 it could become a state with its own state legal system but until it became a state the federal government was in charge of the territory. The federal government decided on the laws for the territory and appointed a governor, 3 judges for court cases and a federal ( US ) marshal for law enforcement. Once a territory had a population of 5000, communities could elect a sheriff. Sheriffs carried out law enforcement for a county
• Why did were there problems in federal law and order?

  Territories were huge areas with scattered settlements so it would take days for news of trouble to reach the US marshal and then days before a response could be made. The federal government didn't spend much money on law enforcement so law officers were poorly paid which made corruption much more likely. Sheriffs were mostly chosen for their ability to keep the peace e..g stop fights, they had no legal training and often their decisions were not very fair which led to resentments. Settlers wanted nothing to do with federal laws