Tackling Lawlessness in the Plains (Edexcel GCSE History)

Revision Note

Zoe Wade

Author

Zoe Wade

Expertise

History

Who Maintained Law and Order in the American West? - Summary

In the early settlements of the American West, maintaining law and order was a complex challenge. Both law officials and vigilantes played significant roles.

The US federal government attempted to establish formal legal systems to administer justice. Law officials included sheriffs, US Marshals and deputies. They had responsibilities for upholding local laws, settling disputes and catching criminals. However, law officials faced numerous challenges in their efforts to maintain law and order.

Without effective law enforcement, vigilante groups emerged. Citizens took matters into their own hands to address crime and punish criminals. They operated outside the established legal system. Their punishments, such as lynching, enforced their version of justice. Vigilantes were sometimes successful. Their actions often lacked accountability and fairness, leading to injustices and abuses of power.

The rise of vigilance committees highlighted the issues of law enforcement in the American West.

Federal Law Enforcement of the Plains

  • The federal US government controlled all territories in the West

    • A lot of factors impacted the level of law enforcement in each territory

Population

Law enforcement available

Any size

  • Laws chosen by the US federal government

  • A governor

  • Three judges to try legal cases

  • One US Marshal who could appoint deputies and create posses to capture criminals

5,000

  • An elected sheriff with similar powers as a US Marshall over the county. They had no legal training

60,000

  • A settlement could apply to become a state

  • States had their own governments, laws and legal systems

Exam Tip

Students often struggle to remember the difference between US Marshals and sheriffs. US Marshals policed districts and the federal government appointed them. Sheriffs governed counties and the people in the settlement elected them.

To understand this, you must also know the difference between a county and a district. A county is an area of a state larger than a city and has its own government to deal with local issues. A district is an area within a county, city or town that a government establishes for official business.

Problems with Federal Law Enforcement of the Plains

A concept map showing how challenging law enforcement was on the Plains
A concept map showing how challenging law enforcement was on the Plains

Vigilance Committees in the Plains

  • Vigilance committees became more popular after the 1850s

    • Crime waves, like the one in San Francisco in 1851, caused significant damage to communities

    • People began to get annoyed with the corruption of the legal system

      • Richer businessmen could not allow criminals to destroy their businesses

  • Vigilantes

    • Captured suspects

    • Put them on trial

    • Gave punishments to those they found guilty

  • In 1851, of 89 suspects:

    • Half were found not guilty

    • A quarter were deported

    • 15 were turned over to law enforcement

    • The remaining were lynched

Assessment of Vigilance Committees

Positive consequences

Negative consequences

A strong deterrent to other criminals

Often not a fair trial as their guilt was decided before the trial

Some vigilantes used their power to settle scores. They became worse than the criminals

Vigilantes in Mining Camps

  • Mining camps did not have access to a legal system

    • They were not considered to be settlements

  • Instead, mining communities:

    • Wrote their own rules

    • Chose a recorder to detail everyone's claim to land

    • Created their own court to judge disputes over claims to land

  • Mining courts had no power to tackle crime

    • Road agents and horse thieves got away with their crimes

    • Some communities elected sheriffs, but the problem of lawlessness was too big to tackle without help

Worked Example

Explain the importance of the US federal government for dealing with law and order in the West

8 marks

Partial answer:

The US federal government's methods of dealing with law and order were important because they created more issues with lawlessness (1). The government underfunded the legal system, meaning that law enforcement was a poor-paying job (1). This impacted law and order as the government struggled to recruit law officials. Another outcome was that sheriffs and US Marshals accepted bribes from criminals (1). The law officials became part of the crime they were hired to stop, making law and order an increasing issue in the West (1).

Exam Tip

This style of question in the exam paper would be worth 8 marks. An examiner would expect you to write two paragraphs analysing the importance of an event on a wider theme like the indigenous way of life. The worked example shows how you could start an answer for this style of question. A good response to this style of question would have:

  • A logical structure of paragraphs. Within each paragraph, each sentence should link to the next. This will build a strong argument as to why the event is important to the wider theme

  • Specific own knowledge linked to the event, showing in-depth knowledge of the period

  • A clear explanation as to why the event was important to a wider theme. In the example above, you can see the phrase 'This impacted law and order ' is used. This helps to keep the response focused on the question

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Zoe Wade

Author: Zoe Wade

Zoe has worked in education for 10 years as a teaching assistant and a teacher. This has given her an in-depth perspective on how to support all learners to achieve to the best of their ability. She has been the Lead of Key Stage 4 History, showing her expertise in the Edexcel GCSE syllabus and how best to revise. Ever since she was a child, Zoe has been passionate about history. She believes now, more than ever, the study of history is vital to explaining the ever-changing world around us. Zoe’s focus is to create accessible content that breaks down key historical concepts and themes to achieve GCSE success.