By Jody Drake
Before the appearance of man, the only law was that of balance, prey and predator. In early human existence, we can only surmise that man adhered to this balance. However, once individuals began to master their environment, the concepts of property came into light. Once possession is questioned, protection is necessary, thus the laws. Once laws are established, we have outlaws. This is an oversimplification, granted, but a truth in fact.
A Babylonian king named Hammurabi put the first recorded laws in history into writing. There were 282 law decisions and 167 of those dealt with property dispute. It was a fairly simple outline, an eye for an eye, and a tooth for a tooth. As Shakespeare put it, "There is nothing either good or bad but what man's thinking makes it so."
When we jump ahead to the early settlement of the West, in particular that of Arizona, we see an interesting diversification in the territory. In the southern part of the region in the 1860s, we see the absence of formal law and the existence of vigilante action. The miners were the first to settle the Arizona Territory, with them a support system was soon to arrive, and the capitalism was in full swing. Once there were merchants, they were in need of protection.
With no established legal outline of action, it was left in the hands of those affected, primarily the businessmen. Some common forms of punishment included lashing, head shaving and ear cropping. The ultimate punishment of lynching was saved for the worst crimes.
Contrary to popular opinion, lynching were not practiced with joy or glee, it was thought to be a responsible act, and usually carried out after a confession had been given. There are documented lynching in Yuma in 1866, Phoenix in 1873, St. Johns in 1879, Globe in 1880, Tombstone in 1884, and Holbrook in 1885.
As I am sure you noticed, Prescott is missing from the above list. No white man had been born or raised in this wilderness capitol during the early years. Citizens had all come from somewhere with an existing established order.
On May 10, 1863, when Joe Walker and his 28 miners arrived on the headwaters of the Hassayampa, they built a coral to protect their livestock, and then sat down to write the first mining laws.
The territorial government would soon arrive and with them the military and marshal law (the first organized government law of the territory). Civilization marched into Arizona with the first territorial command.
When we examine the composition of the first governor's party, we find a group of men well versed in legal procedure. They came to this unsettled land with a will to set in motion a system that was well written and executed with pride. Because of the early foundations laid, law was at the top of the list. Prescott was given all the ingredients for growth and prosperity.
As we examine our legal structure today, and look back on its noble roots, we take inspiration from the footsteps of our forefathers, and try to understand and improve a system with such highborn beginnings. Of course, there are challenges, but one should never stop trying to improve something so important and look to solutions.
Remember, it only takes a small group of inspired individuals to move a mountain. History has shown this time and again.
In recognition of the legal system, the Sharlot Hall Museum's Blue Rose Theatre will hold the fourth annual law day celebration. We will gather at 4 p.m. Friday in the County Courthouse to recreate an 1895 grand jury hearing that found a legal loophole that set a murderer free. Come early since this will be a first come, first seat basis.
Jody Drake is the Director of the Blue Rose Theatre at the museum.
Sharlot Hall Museum Photograph Call Number: (). Reuse only by permission.
Joseph Walker, who is depicted in this painting by George Phippen, was responsible for bringing some order to the mines of northern Arizona when he first arrived in 1863. Law day will once again be celebrated with a trial re-creation at the County Courthouse.