During the early days of the gold rush, the pioneer miners were forced to establish and form their own laws. Up in the mining camps there were no courts, and many of the soldiers who were sent to keep the peace in California in the earliest days after the US took possession of the land, simply deserted their ranks and headed for the gold fields to seek their fortune. A consideration of the simple processes and laws they established with the quick acting justice they distributed makes for an interesting contrast with the plodding, bloated, political and exorbitantly expensive justice system we operate today.
The mining laws of the California gold fields, as was the case in all the various diggings throughout the mining region, were made at official group meetings of the miners held for that specific purpose. Because of this the requirements did vary significantly from district to district. Unlike so many modern laws, they were not designed by hungry lawyers seeking to pad their wallets, and were generally very few and simple. These basic standards defined how many feet of ground one man was entitled to hold in a ravine how much up on the bank, and in the bed of the creek; how many of these claims he could hold at a time; and how long he could absent himself from his claim without forfeiting it. This was the case because a man was expected to work his claim each day. If he left the area permanently, his claims were considered abandoned. In many areas, a digging tool like a pick, left in the hole was all that was necessary to secure ones spot against other claimants. The rules also declared what was necessary to be done in taking up and securing a claim which, for want of water, or from any other cause, could not be worked at the time. They also provided for various special contingencies incidental to the peculiar nature of those diggings. Each miner had one vote and acted as his own legislator. It was a plain and simple democracy unequalled since the days of the Athenian Greeks.
Of course, like all laws and regulations, at times they required some revision and amendment, to suit the progress and changes of the times. In those cases, any necessary meetings were held on certain Sunday afternoons specifically set aside for legislative purposes. The miners typically met in front of the general store, often reaching numbers of several hundred. The most respected man in the camp was generally selected to preside over the meeting. If a chair and table were handy they were used, but if there was a lack of the proper furniture, he might stand upon an empty pork-barrel or climb up into the back of a wagon, which gave him a commanding position looking down on the crowd. Another respected man with the necessary literary skills of reading and writing was appointed secretary, and he would place his writing materials on some flat surface alongside of the chairman. The chairman then, addressing the crowd, would then generally explain the object for which the meeting had been called. He would open the floor to hear any gentleman who had any remarks to offer on the topic at hand. Eventually someone would propose a specific amendment of the law relating to a certain description of claim, expressing the point in a very neat and specific speech. Once his motion was duly seconded, the chance was given for any opposition to make its case and provide further discussion. In time the matter was put to a vote. If the chairman declared the change carried by the ayes, the secretary would write it all down, and it became the law of that district. Normally two or three other acts were considered and voted upon, and when the business was concluded, a vote of thanks to the chairman was passed for his supervision of the meeting. The meeting was then officially declared to be dissolved, and the crowd accordingly dribbled into the nearest bar, where the legislators, in small detachments, pledged success to each other with whiskey as fast as the storekeeper could pour the drinks. While the legislature was in session, however, everything was conducted with a serious demeanor and the utmost formality.
When the miners could not come to any settlement of some dispute among themselves, they would leave the decision to a jury of miners. When a miner's court was to be held, a formal notice was accordingly sent to all the prospectors within two or three miles up and down the creek, requesting them to assemble at the claim in question on a certain afternoon. Although a miner calculates an hour lost as so much money out of his pocket, it was common that most of the residents would turn out as they were all interested in supporting the laws of the region. The two opposing parties then, having tossed up a coin for the first pick, would choose a number of jurymen each from the assembled crowd.
Then the jury would normally sit themselves all together in an exalted position on a heap of stones and dirt (as was common on the claims from the normal operations of digging). One of the plaintiffs, who had been chosen as spokesman for his party, would then make a speech, calling several witnesses to prove his statements, and citing the recognized laws of the diggings in support of his claims. The defendants would follow in the same manner, making the most of their version of the case. During this time, the general public, sitting in groups on the different heaps of stones piled up between the holes with which the ground was honeycombed, would smoke their pipes and watch the proceedings. After the plaintiff and defendant had each had their turn to say all they had to say about the matter, the miner's jury would examine the state of the ground which was in dispute. They would then call some more witnesses to give further information, which is much different from our modern procedures in which a jury may ask no questions. Once all the information was considered, those pioneers would put their shaggy heads together for a few minutes, and pronounce their decision.
It is hard to fault the simple wisdom and straightforward justice of the pioneer miners. Their methods established a fair, democratic and just way of handling the law without the formality, expense and endless delays of the systems that we have now. In time, the normal trappings of civilization came to the hills and the prospector's laws were done away with. I am not so sure that the changes which came with "civilization" were any kind of an improvement.
Establishing the Law During the California Gold Rush
For more tales of the life, hopes and the humor of California's Gold Rush, see California Gold Rush
Basic information on Prospecting for gold, including how to get started, can be found at: Gold Prospecting
Chris Ralph writes on small scale mining and prospecting for the ICMJ Mining Journal. He has a degree in Mining Engineering from the Mackay School of Mines in Reno, and has worked for precious metal mining companies conducting both surface and underground operations. After working in the mining industry, he has continued his interest in mining as an individual prospector. His information page on prospecting for gold can be viewed at the website noted above.
No comments:
Post a Comment