Summary

One big challenge for law officials in the American West was the lack of a proper legal system in new territories. It often took years for federal government officials to arrive, so local people dealt with problems themselves. For example, in Denver, people had to wait three years for a governor, and by then, they were used to handling things on their own.

Another problem was the vast distances. Sheriffs had to control large areas with scattered communities, making it hard to keep track of crime. With many duties like checking cattle brands, sheriffs often struggled to manage everything.

Violence was also common in these towns, as criminals, gamblers, and miners flocked to get rich quickly. In places like Virginia City, fights and murders were common, and people didn’t know who to trust, which made it hard for law officials to maintain order. Dishonest lawmen only made things worse.

People carried guns, which made arguments more dangerous and increased the number of murders. Vigilante groups, while sometimes helpful, also created fear by using violence to settle personal scores, making it hard for sheriffs to control them.

Finally, even if criminals were caught, weak courts, bribed juries, and poor resources meant they weren’t always punished, leaving sheriffs powerless.

What problems faced people trying to enforce law and order in the American West?

The first problem facing law officials in the American West was the failings of the established system which should have allowed for federal and local involvement in law and order. However it often took so long to establish the government of a new territory that local people set themselves up in control without any legal support. For example, it took three years for a governor to arrive in Denver. In the meantime people got used to dealing with problems in their own way.

The second problem was one of distance. The new territories covered vast areas of land and communities were isolated. A sheriff was often on his own, perhaps with deputies, trying to control law and order. He was based in a county town and had to administer law across scattered mining communities and isolated ranches. Communication, just finding out what crimes had been committed, might take several days. In addition to pursuing criminals a sheriff also had many other everyday duties such as checking cattle brands and maintaining the jail, all of which took time.

A third problem facing law officials was the violent nature of the society. The mining towns attracted criminals, gamblers and prostitutes. Men far outnumbered women so there was no calming influence. Gold obviously caused greed and conflicts often arose when men tried to make a quick profit at the gambling tables. The people in these frontier towns had arrived with the specific aim of getting rich even at the expense of others and in Virginia City "Not a day or night passed which did not yield . . . . fights, quarrels, wounds or murders." There were many honest and respectable citizens in the communities who outnumbered the criminals but "having come from all corners of the earth, they were unacquainted and did not know whom to trust." Therefore, the law officials could not rely on a sense of community to support them in establishing law and order. This problem was made worse by the fact that there were many dishonest law officials so those who tried to do the job properly often had to face distrust.

A fourth problem was that many people carried guns. The American Constitution allowed it. "The crack of the revolver was often heard above the merry notes of the violin." People carried guns both for self-defence and to prove their point and shooting was an accepted way of life, "everyone was on his guard against a random shot." Having so many guns obviously increased the frequency of murder, made the sheriff's job much more dangerous and turned minor incidents into major ones.

A fifth problem facing the sheriffs was vigilante groups. These were people who had taken the law into their own hands. They were often very effective at hunting down and executing criminals. This then enabled state law to be established more quickly. A good example of this was Virginia City in 1863/64. However, too often vigilante groups used their power to settle personal quarrels and people became very frightened of them. "The remedy for the existing evils is greater than the evils themselves." Since they were so powerful it was a difficult and dangerous task for sheriffs to oppose them.

A sixth problem for an official trying to establish law and order was that even when he caught the criminals they were not always brought to justice. Jails were easy to break out of and there was always someone willing to help a criminal for a price. If the case came to court the judges and lawyers were sometimes poorly prepared and too often lacked adequate knowledge of the law. Juries tended to be biased and could often be bribed (or blackmailed) into freeing a criminal. Some legal officials were corrupt, having connections with powerful men in the area e.g. the cattle barons. A sheriff must have often felt that he had no support in his duties.

The final problem facing a sheriff was the lack of resources. Local people were often unwilling to pay for an adequate police force or even to get involved in local affairs. "Without public support the law enforcement officers were powerless to stem the criminal element." This left the sheriffs isolated in the fight against crime. They worked very long hours, often for a rather low salary and in return "the taxpayers expected a virtual superman." This was obviously unrealistic. Law enforcement remained a problem until the towns became established communities with people taking an active part in local affairs.