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Like other fledgling territories in the 19th century American West, Montana had become wild when the gold rush attracted not only those wishing to find their fortunes, but also thieves, gamblers, and murderers. For several years following the gold discoveries of 1862, the Montana Vigilantes took it upon themselves to punish these many offenders in the lawless land of Montana. Finally, seeing a need for more organized forms of law enforcement, the Montana Territorial Legislature requested funds for a prison during its winter session of 1866-67. The United States Congress agreed that the territory needed a prison, approved the request for funding, and Deer Lodge was chosen for the site of the new Territorial Prison.
However, they soon found that the funding was inadequate causing revisions to the plans and many delays. Construction finally began in the spring of 1870 with convict labor, and the prison finally received its first convict on July 2, 1871.
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