Law and Order in the 1850s

What was law and order like in the American West?
'Lawless' is the word frequently used to describe law and order in the American West. There were systems, such as federal law, but the number of crimes committed overwhelmed the number of officers and the resources available.
How was law and order managed in the American West?
Towns could not apply to be their own state until their population was at least 60,000 people. Before that they were not permitted to have their own government, laws, or legal system. Instead, they had to follow federal law.
How did the federal government help law and order to work in the American West?
Federal government made the laws for each territory in the American West. It also provided the following:
  • A governor.
  • 3 judges to hear court cases.
  • A US marshall, who could appoint deputies to assist him.
What did sheriffs do to help law and order in the American West?
Each community elected a sheriff once it reached 5,000 people. Sheriffs helped the US marshall enforce law and order. Their main role was to break up fights and prevent violence by calming disputes.
What problems were there with law and order in the American West?
The system of law and order suffered problems:
  • Geography. Huge territories with remote areas places were extremely hard to manage and support. It would take officials a long time to investigate reports of trouble.
  • Corruption was common, as law officers were poorly paid.
  • Injustice. Lack of proper training, corruption, favouring friends and other pressures led to some officials acting unfairly and even unjustly.
How racist was law and order in the American West?
Chinese, African Americans and Native Americans, were all subject to racist laws. For example:
  • Chinese miners had to pay a higher rate of tax than white miners.
  • Chinese, African Americans, and Native Americans were banned from being witnesses in court proceedings.
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