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