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Carol A Buchanan

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Member Since: Aug, 2008

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Millions in Gold and No Law
by Carol A Buchanan   
Rated "PG" by the Author.
Last edited: Friday, November 07, 2008
Posted: Monday, August 18, 2008

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When there is no law, not even the Constitution, yet there is all the gold men can dream of, the result is that ruffians rule and murder is tolerated. Then citizens, unprotected by the law, must act to protect themselves. These were the Vigilantes of Montana.

A group of prospectors discovered gold in June 1863, in a remote area of the Rocky Mountains between the Beaverhead River and what is now Yellowstone Park. This area they dubbed Alder Gulch.

Alder Gulch lay hundreds of miles from anywhere. Five hundred miles west, across high ranges of mountains, lay the closest administrative center, Lewiston, Idaho. Three-hundred-fifty miles north lay Fort Benton, again across rugged mountain ranges. The nearest major supply center was Salt Lake City, 700 miles south.

Effectively, the people flocking to the gold mines had a vacuum of law. Think of it. No law. No civil or criminal codes except those for Idaho territory, with no copies held locally. No police force. No jails. No courts of law as we know them.

The Gulch, some 14 miles long, was organized (sort of) into mining districts, each 1 - 1.5 miles long on the banks of Alder Creek. Each mining district elected its own sheriff, recorder, judge, and president (who usually functioned as judge).

The officers of one mining district did not have jurisdiction in another mining district.

Even worse, Congress, when it formed Idaho Territory, had forgotten to connect the U. S. Constitution to the Territory, so until the Idaho Legislature met, the Constitution did not govern the Territory. The Constitution did not apply to Idaho until early in 1864, and news traveled extremely slowly over rugged, snow-filled mountain ranges.

A legal vacuum existed in the Alder Gulch area.

(To be continued)



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