Organization and Obligation on the Overland Trail
Tied to the Elephant: Organization and Obligation on the Overland Trail John Phillip Reid* I. INTRODUCTION The gold-seeking emigrants who went by the overland trail to the diggings of California seldom traveled alone. The few who did were usually men too poor to purchase a share of a wagon or, for one reason or another, unable or unwilling to work their way across the continent as hired hands.' Most, however, traveled to the Pacific as part of an organization: either shareholders of joint- stock companies,2 partners in a mess,3 clients of passenger lines,' * Professor of Law, New York University School of Law. B.S.S., 1952, Georgetown University; LL.B., 1955, Harvard University; M.A., 1957, University of New Hampshire; LL.M., 1960, J.S.D., 1962, New York University. Member, New Hampshire Bar. 1. As a curiosity, overland diaries frequently mention men traveling alone, pushing a wheelbarrow or cart, or packing their provisions on their backs. See, e.g., G. COLE, IN THE EARLY DAYS ALONG THE OVERLAND TRAIL IN NEBRASKA TERRITORY, IN 1850, at 46 (1905); W. MAXWELL, CROSSING THE PLAINS DAYS OF '57: A NARRATIVE OF EARLY EMIGRANT TRAVEL TO CALIFORNIA BY THE Ox-TEAm METHOD 24 (1915). 2. "The joint-stock companies were the corporations of the Overland Trail," Shaffer, The Management of Organized Wagon Trains on the Overland Trail, 55 Mo. HIST. REV. 355, 361 (1961). For the best available discussion of joint-stock companies on the overland trail, see 0. HOWE, ARGONAUTS OF '49: HISTORY AND ADVENTURES OF THE EMIGRANT COMPA- NIES FROM MASSACHUSETTS 1849-1850, at 3-45 (1923) [hereinafter cited as HOWE, ARGONAUTS].
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