Texas Justice in the 1840's

Last Saturday, was Fall at the Alamo. Again this year we had mock trials giving our visitors a glimpse at justice during the 1840’s when Texas was its own sovereign nation. We were the Republic of Texas! Many of us from the Alamo Education Department dressed in period clothing and we tried cases that were typical of the time period. We had a great time playing our parts. Last year, I was a counterfeiter and this year I was the plaintiff in a Bowie knife fight. Our juries were made up of historical reenactors and Alamo visitors. After hearing the evidence in the mock trials, they go off and decide the fate of the accused.

There were many interesting cases on the docket this year. Many of our visitors are surprised by what was considered crime and punishment back in the 1840’s. Here is a sample:

1) A probate case. Wife of her deceased husband asking the court to settle her husband’s estate.
2) Arson case. Was it arson or the weather that night? A capital offense, death by hanging.
3) A murder case. A capital offense, death by hanging.
4) A case of horse theft. Fine up to $1,000, 39 lashes on the bare back and branded with the letter “T”
5) A case of counterfeiting. A capital offense, death by hanging.
6) A divorce case. Settlement depends on grounds and circumstances.
7) A case of gaming (cards and dice in public). A misdemeanor with fines of not less than $50 nor more than $500 and jail time at the court’s discretion.
8) A case of a duel. A capital offense, death by hanging. Seconds and others who assist shall be fined and imprisoned at the court’s discretion.
9) A case of unlawfully detaining a slave and confiscation of a weapon. Suing for return of property.
10) A case of assault (with a Bowie knife). Imprisonment of not less than 1 year nor more than 5 years.

Frontier justice was often harsh by today’s standards and it was as swift as taking the convict out to the nearest tree to be hung by the neck until dead. Our Alamo visitors came away with another view of Texas life during those Republic years. Courts and the Rule of Law were important on the wild frontier. Yes, they dealt with things like murder and theft but also were expected to settle estates and grant divorces.

Societies rely on a system of justice in order to function and resolve disputes. The Republic of Texas was no exception, but it is fascinating to see what was considered crime and punishment over time as we became the modern State of Texas in the United States of America. I cannot help but wonder what will be considered crime and punishment as we march into our future?

Food for THOUGHT…