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Miners who did not accept the rules the majority adopted were free to mine elsewhere or to set up their own contractual arrangements with other miners. The miners contracts established property rights in land (and in any gold found on the land) that the miners themselves enforced. There was no government authority in California at the time, apart from a few military posts. Ostracism and threats of banishment from the group, instead of threats of violence, were usually sufficient to correct rule breakers behavior.ĭozens of movies have portrayed the nineteenth-century mining camps in the West as hot beds of anarchy and violence, but John Umbeck discovered that, beginning in 1848, the miners began forming contracts with one another to restrain their own behavior (1981, 51). When crimes against persons or their property were committed, the judicial system. As a consequence, writes Benson, here were few instances of violence on the wagon trains even when food became extremely scarce and starvation threatened.
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These constitutions often included detailed judicial systems. The wagon trains that transported thousands of people to the California gold fields and other parts of the West usually established their own constitutions before setting out. Establishing property rights in this way minimized disputesand violence. Social ostracism was used effectively against those who violated the rules. They administered land claims, protected them from outsiders, and arbitrated disputes. Because disputes over land titles are inevitable, the land clubs adopted their own constitutions, laying out the laws that would define and protect property rights in land (Anderson and Hill 1979, 15). government even surveyed the land, let alone started to sell it or give it away. So-called land clubs were organizations established by settlers before the U.S. Instead, they included such organizations as land clubs, cattlemens associations, mining camps, and wagon trains. What were these private protective agencies? They were not governments because they did not have a legal monopoly on keeping order. Private agencies provided the necessary basis for an orderly society in which property was protected and conflicts were resolved (1979, 10). is perceived as a place of great chaos, with little respect for property or life, their research indicates that this was not the case property rights were protected and civil order prevailed. Eugene Hollon writes that the western frontier was a far more civilized, more peaceful and safer place than American society today (1974, x). In contrast, an alternative literature based on actual history concludes that the civil society of the American West in the nineteenth century was not very violent. Rather, they assume that it was violent and then proffer explanations for that alleged violence (1984, 270). In a book-length survey of the West was violent literature, historian Roger McGrath echoes Bensons skepticism about this theory when he writes that the frontier-was-violent authors are not, for the most part, attempting to prove that the frontier was violent. Thus, an allegedly violent and stateless society of the nineteenth century is blamed for at least some of the violence in the United States today. In addition, some authors assume that the West was very violent and then assert, as Joe Franz does, that ∺merican violence today reflects our frontier heritage (Franz 1969, qtd. In a thorough review of the West was violent literature, Bruce Benson (1998) discovered that many historians simply assume that violence was pervasiveeven more so than in modern-day Americaand then theorize about its likely causes. Single Issues of The Independent Review.
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International Economics and Development.