Here's a story from 145 years ago. I have a sincere question at the end of it, and I hope to get some considered responses. I hope you find it enjoyable.
As students of American history know, 145 years ago was in the middle of the Civil War, known by some as the War Between the States.
Jefferson Davis, the President of the Confederacy, had been Secretary of War in Franklin Pierce's cabinet. In that capacity he ordered the survey of railroad routes across the frontier. One such route explored under those orders was an ancient trail used by the Nimi'ipuu, the people now known as Nez Perce Native Americans.
Gold was discovered in several places in what is now the State of Idaho, including Elk City, and Oro Fino. Lewiston, at the confluence of the Snake and Clearwater Rivers, became an important jumping off place for the gold fields, as it was near the end of the navigable waters.
On March 4, 1863 by Act of Congress, Idaho Territory was carved out of Oregon, Washington, and Dakota Territories. The area encompasses all of the present states of Montana and Idaho, and most of Wyoming. It is larger than about 80% of today's sovereign nations.
Congress set Lewiston as the capital, but two formidable ranges of mountains stood between Lewiston and the part of Idaho Territory east of the continental divide.
Gold was discovered east of the Continental Divide in Bannack and Virginia City.
Congress set the boundaries of the new Idaho Territory, but failed to establish a criminal code, even so much as grandfathering in a code from one of the existing territories it was made from.
The stage is set for the drama that follows. I'll tell part of it, but I want input on WHAT SHOULD HAVE HAPPENED.
A businessman in Lewiston realized there would be a huge market for mining tools in Bannack and Virginia City. He bought everything he could get his hands on and loaded it on to a pack string of about 80 mules. He took the Southern Nez Perce Trail, following the same route that the Nimi'ipuu had used for centuries before on their way to the buffalo, arriving in Bannack about three weeks later.
The businessman made a tidy profit in Bannack and Virginia City, and loaded up about 30 of the mules for the return trip. Some of his employees wanted to stay in the gold fields, so he hired others.
Unbeknown to him four of the men he hired were very bad men, several of them with criminal records. He hired three good men, including two brothers. His chief packer stayed with him, making for a total of nine men on the return trip.
After crossing the Continental Divide and the crest of the Bitterroot Range, the party camped for the night on a high ridge.
Some time during the night, the four bad men murdered the businessman and his other employees, took the gold, killed most of the mules, and continued on the Southern Nez Perce trail toward Lewiston. A few days later they arrived in Lewiston with a lot of gold. They stayed the night and caught the next stage out, heading for California by way of the Columbia River and the Pacific Coast by sea.
OK here's the part I want your input on, just for fun.
Put yourself in the shoes of a hotel proprietor in Lewiston, a good friend of the murdered businessman. He is expecting his friend to return from his trip over the mountains, but instead he notices the party of four tossing gold around like leaves.
Here's his condundrum:
1) He's pretty sure his friend has been murdered for the gold. One of the pack animals is known to be the property of his friend.
2) He can't ascertain that is friend is still enroute home, because of approaching winter in high mountains.
3) The territorial governor has no police powers owing to the failure of Congress to provide a criminal code for Idaho Territory.
4) The men he suspects murdered his friend are well on their way to California.
Should he:
A) Hunt the murderers down and shoot them on sight?
B) Hunt them down and hang them? (Hint: Vigilante justice was implemented in the gold camps east of the Continental Divide, there being no laws and a war going on at the time.)
C) Wait for spring and retrace the Trail for evidence?
D) Pursue the four murderers and try to extradite them for a trial?
E) Entreat the California authorities to deal with the murderers? He had no definitive proof that they had done it.
Extra Credit: Describe any modern parallels to this story. |
