The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1849-08-25
Law and Justice in the Gold Region


Notwithstanding the variety of popula-
ton so suddenly thrown 'ogether, and
coming from all parts of the habitable
globe, there is the most perfect respect
paid to law and justice at the gold mines
in California-no man, high or low, es.
capes merited punishment As the peo-
pie at present have no written code of
laws, or system of government to enforce,
they by common consent and mutual un-
derstanding, adopted the following course
of action: Whenever camp is formed at
which ten or more persons locate them
selves, they meet and elect from among
them by popular suffrage, one person to
act as alcalde, (civil magistrate before
whom are brought all cases of civil char
acter. which are tried and decided accord
ing to sworn evidence. There is no ap
peal from his decision, and every person
must conform to this system Of govern
ment, or he is liable to be arraigned as a
criminal, and then Two to one he gets a
fogging or is driven out Of the camp in
disgrace. In every camp sound, sensi.
BILE, practical man has been elected, and
the dignity. form and ceremony observed
at the alcalde's Office might be initiated to
advantage in some of the inferior courts in
the States. A fee is allowed to the alcalde
in all cases, so that he can, without loss,
devote his exclusive time to the business
of the public.
Criminal cases are decided differently.
Whenever man commits any act against
the peace and order of the camp he is at
once arrested and brought before the al.
calde with a specification and the evidence
on both sides of the offence; the alcalde
without delay summons a jury of twelve
men to try the criminal. who selects whom
he pleases to defend him. and the judge
selects a prosecutor. After all the pro.
ceedings are terminated the alcade charges
the jury to bring true verdict according
to the evidence. Some Of the verdcts are
little singular in their character and they
may be laughed at but no one can criti-
else their straightforward justice.
Twill give you specimen and then YOU
can Judge for yourself A man was char.
ged with killing another-the jury brought
in verdict that the person committing
the act was justiiable. as he had been at
tackled, but he was always ready to quar-.
rel and fight, and dangerous to the peace
and good order ofthe camp, and therefore
he must leave the country in thirty days
failing to do which he should be shot down
by the first person laying eyes on him."
Another case was that of merchant who
caught Spaniard stealing from him: he
fell on the offender and commenced strik.
ing him with his fist but after few blows
the fellow fell dead at the feet of the mer-
chant. The jury brought in a verdict that
the merchant was justifiable in whipping
the Spaniard when he caught him stealing.
and that the killing was accidental; there
fore they acquitted him. Ap,r,on charg.
ed with maltreating an aged man and de-
stroying some OF his property, the jury
found him guilty and sentenced him to re-
ceive thirty nine lashes on the bare back,
- laIIcr in the mines until he should reim-
bursc the maj; ;;S;;i,r the destroyed property.
and afterwards quit the cGHG'rv. Every
part Of this rigorous sentence was faithfully
executed. A fellow had stolen some prop.
erty and was convicted-it was in mus
quito region-he was sentenced to be strip.
ped naked and tied so that the mosquitoes
could peg him for an hour. unless he should
sooner tell where all the property was Sc.
creted. After he had been exposed to the
attack of the mosquitoes for fifteen minutes,
he returned all the property.