Ox-Team Days on the Oregon Trail

by Ezra Meeker; Howard R. Driggs

Meanwhile it had become noised around that another boat would be put on to ferry people over, and we were besieged with applications from detained emigrants. Finally, the word coming to the ears of the ferrymen, they were foolish enough to undertake to prevent us from crossing without their help. A writ of replevin or some other process was issued,—I never knew exactly what,—directing the sheriff to take possession of the boat when it landed. This he attempted to do.

I never before or since attempted to resist an officer of the law; but when that sheriff put in an appearance and we realized what his coming meant, there wasn't a man in our party that did not run to the nearby camp for his gun. It is needless to add that we did not need to use the guns. As if by magic a hundred other guns came in sight. The sheriff withdrew, and the crossing went on peaceably till all our wagons were safely landed.

We had still another danger to face. We learned that an attempt would be made to take the boat from us, the action being not against us, but against the owner. Thanks to the adroit management of McAuley and my brother Oliver, we were able to fulfill our engagement to deliver the boat safely to the owner.

We were now across the river, and it might almost be said that we had left the United States. When we set foot upon the right bank of the Missouri River we were outside the pale of law. We were within the Indian country, where no organized civil government existed.

Some people and some writers have assumed that on the Plains each man was "a law unto himself" and free to do his own will,—dependent, of course, upon his physical ability to enforce it. Nothing could be farther from the facts than this assumption, as evil-doers soon found out to their discomfort.

It is true that no general organization for law and order was effected on the western side of the river. But the American instinct for fair play and a hearing for everybody prevailed, so that while there was no mob law, the law of self-preservation asserted itself, and the counsels of the level-headed older men prevailed. When an occasion called for action, a "high court" was convened, and woe betide the man that would undertake to defy its mandates after its deliberations were made public!

An incident that occurred in what is now Wyoming, well up on the Sweetwater River, will illustrate the spirit of determination of the sturdy men of the Plains. A murder had been committed, and it was clear that the motive was robbery. The suspected man and his family were traveling along with the moving column. Men who had volunteered to search for the missing man finally found evidence proving the guilt of the person suspected. A council of twelve men was called, and it deliberated until the second day, meanwhile holding the murderer safely.

What were they to do? Here were a wife and four little children depending upon this man for their lives. What would become of his family if justice was meted out to him? Soon there developed an undercurrent of opinion that it was probably better to waive punishment than to endanger the lives of the family; but the council would not be swerved from its resolution. At sundown of the third day the criminal was hanged in the presence of the whole camp. This was not done until ample provision had been made to insure the safety of the family by providing a driver to finish the journey. I came so near to seeing the hanging that I did see the ends of the wagon tongues in the air and the rope dangling therefrom.

From necessity, murder was punishable with death. The penalty for stealing was whipping, which, when inflicted by one of those long ox lashes in the hands of an expert, would bring the blood from the victim's back at every stroke. Minor offenses, or differences generally, were arbitrated. Each party would abide by the decision as if it had come from a court of law. Lawlessness was not common on the Plains. It was less common, indeed, than in the communities from which the great body of the emigrants had been drawn, for punishment was swift and certain.

The greater body of the emigrants formed themselves into large companies and elected captains. These combinations soon began to dissolve and re-form, only to dissolve again, with a steady accompaniment of contentions. I would not enter into any organized company, but neither could I travel alone. By tacit agreement our party and the McAuleys travelled together, the outfit consisting of four wagons and thirteen persons—nine men, three women, and the baby. Yet although we kept apart as a separate unit, we were all the while in one great train, never out of sight and hearing of others. In fact, at times the road would be so full of wagons that all could not travel in one track, and this fact accounts for the double roadbeds seen in so many places on the trail.