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Montana Vigilantes 1863–1870
Gold,Guns and Gallows
Language:
English
Published/Copyright:
2016
About this book
Historians and novelists alike have described the vigilantism that took root in the gold-mining communities of Montana in the mid-1860s, but Mark C. Dillon is the first to examine the subject through the prism of American legal history, considering the state of criminal justice and law enforcement in the western territories and also trial procedures, gubernatorial politics, legislative enactments, and constitutional rights.
Using newspaper articles, diaries, letters, biographies, invoices, and books that speak to the compelling history of Montana’s vigilantism in the 1860s, Dillon examines the conduct of the vigilantes in the context of the due process norms of the time. He implicates the influence of lawyers and judges who, like their non-lawyer counterparts, shaped history during the rush to earn fortunes in gold.
Dillon’s perspective as a state Supreme Court justice and legal historian uniquely illuminates the intersection of territorial politics, constitutional issues, corrupt law enforcement, and the basic need of citizenry for social order. This readable and well-directed analysis of the social and legal context that contributed to the rise of Montana vigilante groups will be of interest to scholars and general readers interested in Western history, law, and criminal justice for years to come.
Using newspaper articles, diaries, letters, biographies, invoices, and books that speak to the compelling history of Montana’s vigilantism in the 1860s, Dillon examines the conduct of the vigilantes in the context of the due process norms of the time. He implicates the influence of lawyers and judges who, like their non-lawyer counterparts, shaped history during the rush to earn fortunes in gold.
Dillon’s perspective as a state Supreme Court justice and legal historian uniquely illuminates the intersection of territorial politics, constitutional issues, corrupt law enforcement, and the basic need of citizenry for social order. This readable and well-directed analysis of the social and legal context that contributed to the rise of Montana vigilante groups will be of interest to scholars and general readers interested in Western history, law, and criminal justice for years to come.
Author / Editor information
Mark C. Dillon is an associate justice in the Appellate Division of the New York State Supreme Court and has a special interest in the history of law-making, law enforcement, and “unauthorized justice” in the Montana Territory of the 1860s.
Reviews
"Justice Mark C. Dillon's book reads like a Western. Dillon masterfully sets the stage for the rise of the Montana Vigilantes by bringing alive the people who created and lived in [mining] towns. There are heroes, villains, shady characters, and more than a few politicians, businessmen, lawyers and judges. What sets Dillon's book apart from historical texts and fictional tales is that he provides legal analyses and explanations of the trials, sentences, due process and procedures of the day... and shed[s] grisly light on the details of the hangings. Dillon's unique background as an attorney and judge and his downright dogged research are what makes this complex story so engaging. The prose is clear, crisp and gets to the point... The book is satisfying because it answers contemporary nagging questions about the law regarding the vigilantes and the hangings."
—Gregory Zenon, Brooklyn Barrister
—Gregory Zenon, Brooklyn Barrister
“The best work on the Montana Vigilantes . . . Its careful, informative, judicial approach radiates a strong authority that will be recognized by academics and popular readers alike.”
—Paul R. Wylie, historian and author of The Irish General
—Paul R. Wylie, historian and author of The Irish General
"Dillon has given us a well researched and highly accessible look at a significant topic."
—Carol A. O'Connor, True West Magazine
—Carol A. O'Connor, True West Magazine
Topics
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Front Matter
i -
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Contents
vii -
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Figures
ix -
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Map
xi -
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Preface
xiii -
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1 All that Glitters Is Not Gold
1 -
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2 The Rise and Dominance of the “Fourteen-Mile City” at Alder Gulch
8 -
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3 The First Factor Leading to Vigilantism in the Region
21 -
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4 The Second Factor Leading to Vigilantism in the Region
44 -
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5 The Third Factor Leading to Vigilantism in the Region
57 -
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6 The Murder of Nicholas Tiebolt and the Trial and Execution of George Ives
89 -
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7 Formation of the Vigilance Committee
119 -
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8 The Hanging Spree Begins
135 -
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9 The Bloody Drama Moves from Bannack to Virginia City
156 -
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10 The Establishment of a Territorial Court at Alder Gulch
178 -
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11 Vigilantism Migrates North to Helena, 1865–70
194 -
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12 The Power of Reprieve and the Execution of James Daniels
231 -
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13 Normative Due Process and Trial Procedure in the Criminal Cases of 1860s Montana
285 -
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14 Due Process and Procedure
300 -
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15 Due Process and Procedure
316 -
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16 Postmortem Echoes of Times Past
338 -
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17 Conclusion
384 -
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Appendix A Organic Act of the Territory of Montana, with Amendment
393 -
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Appendix B Bylaws of the Vigilance Committee
404 -
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Appendix C Petition for the Reprieve and Pardon of James Daniels
406 -
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Appendix D Reprieve of James Daniels
408 -
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Appendix E Military Procedures for Execution by Hanging
409 -
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Appendix F Petition for Pardon of Henry Plummer, May 21, 1993
411 -
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Acknowledgments
414 -
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Bibliography
417 -
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About the Author
433 -
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Index
435
Publishing information
Pages and Images/Illustrations in book
eBook published on:
November 15, 2024
eBook ISBN:
9780874219203
Pages and Images/Illustrations in book
eBook ISBN:
9780874219203
Audience(s) for this book
For an expert adult audience, including professional development and academic research
