Law and Order in the Old American West 1860-1880 ish

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guppie1813

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Any high school American History teachers out there? Can anyone give me a summary of how the law and justice system would be structure in an American Frontier town mid-late 1800s? Some of my specific questions:
-Who would appoint a sheriff? Would they need to have any specific qualifications?
-How would the judicial system work? Would a judge be involved for a dispute over the authenticity of a will?
-What role did the town mayor play in the legal system/law enforcement.

Feel free to point me in the direction of a good website if you know of one!

Thanks :)
 

jclarkdawe

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Understand that there's a wide range here in how developed individual towns were in the West.

1. Sheriffs were frequently appointed by the businessmen in town. But it could be done by election (although many people won't be able to vote). It could be done by the richest person in town. It could be done through a vigilante movement. There were no specific qualifications, although experience was often a criteria in the rougher towns. Understand that towns would remain without a sheriff until a need for one developed.

2. A judge, if one was available, would decide the validity of a will. Then again, the validity of the odd will in the West was determined by a six gun. Or it could be put to an informal trial if no judge was available.

3. Mayor could be the one to appoint a sheriff, although usually with the approval of the town council. Mayor, and the town's council would develop ordinances, although the sheriff could also create ordinances.

Jim Clark-Dawe
 

guppie1813

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Understand that there's a wide range here in how developed individual towns were in the West.

I'm counting on this. I figure that means I can pretty much make it what ever I need for my story, but I wanted to have some idea of the structure so that I wasn't way off base. Thanks!
 

WeaselFire

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State, territory or unregulated area? Google "American west territorial law" for a decent overview. Otherwise, set you town up to fit what your story needs. Attorneys might settle a will, or it might go to a territorial court.

Jeff
 

Averhoes

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Sheriffs were elected. If the story is happening in an unorganized territory, the US Marshalls could be involved. They were appointed by the president.
Judges were available in states/territories. The judge might be a "circuit rider' who only comes through this town once in every couple of months, or your characters might have to travel to some other (larger) town to go before the judge. Lawyers were available, too. It is likely both/all sides in a will dispute would have a lawyer. The judge would be a lawyer.
Mayors were seldom involved in the judicial process.
Many small towns had "justices of the peace" to handle minor matters when the real judge was not available. He likely would not be a lawyer but just a "well read" citizen.
 

ironmikezero

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If the United States claimed jurisdiction over any territory, its federal laws were enforced therein; the designated US courts had jurisdiction, and the US Marshals were the law enforcement arm (not much has changed in that regard). Any local laws were generally handled within those local jurisdictions (town sheriffs, etc.); however, pursuant to federal law (28USC564), US Marshals, and their deputies, could exercise the powers of a sheriff in whatever jurisdiction they were working in at the time (still true today). This was very significant in the 19th Century Old West.

https://en.wikipedia.org/wiki/United_States_Marshals_Service

https://www.law.cornell.edu/uscode/text/28/564
 
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