The Not-So-Wild, Wild West
In a thorough review of the “West was violent” literature, Bruce Benson
(1998) discovered that many historians simply assume that violence
was pervasive—even more so than in modern-day America—and then theorize about
its likely causes. In addition, some authors assume that the West was very
violent and then assert, as Joe Franz does, that “American violence today
reflects our frontier heritage” (Franz 1969, qtd. in Benson 1998, 98). Thus, an
allegedly violent and stateless society of the nineteenth century is blamed for
at least some of the violence in the United States today.
In a book-length survey of the “West was violent” literature, historian
Roger McGrath echoes Benson’s skepticism about this theory when he writes that
“the frontier-was-violent authors are not, for the most part, attempting to
prove that the frontier was violent. Rather, they assume that it was violent
and then proffer explanations for that alleged violence” (1984, 270).
In contrast, an alternative literature based on actual history concludes
that the civil society of the American West in the nineteenth century was not very
violent. Eugene Hollon writes that the western frontier “was a far more
civilized, more peaceful and safer place than American society today” (1974,
x). Terry Anderson and P. J. Hill affirm that although “[t]he West . . . is
perceived as a place of great chaos, with little respect for property or life,”
their research “indicates that this was not the case; property rights were
protected and civil order prevailed. Private agencies provided the necessary
basis for an orderly society in which property was protected and conflicts were
resolved” (1979, 10).
What were these private protective agencies? They were not governments
because they did not have a legal monopoly on keeping order. Instead, they
included such organizations as land clubs, cattlemen’s associations, mining
camps, and wagon trains.
So-called land clubs were organizations established by settlers before the
U.S. government even surveyed the land, let alone started to sell it or give it
away. Because disputes over land titles are inevitable, the land clubs adopted
their own constitutions, laying out the “laws” that would define and protect
property rights in land (Anderson and Hill 1979, 15). They administered land
claims, protected them from outsiders, and arbitrated disputes. Social ostracism
was used effectively against those who violated the rules. Establishing
property rights in this way minimized disputes—and violence.
The wagon trains that transported thousands of people to the California
gold fields and other parts of the West usually established their own
constitutions before setting out. These constitutions often included detailed
judicial systems. As a consequence, writes Benson, “[t]here were few instances
of violence on the wagon trains even when food became extremely scarce and
starvation threatened. When crimes against persons or their property were
committed, the judicial system . . . would take effect” (1998, 102). Ostracism
and threats of banishment from the group, instead of threats of violence, were
usually sufficient to correct rule breakers’ behavior.
Dozens of movies have portrayed the nineteenth-century mining camps in the
West as hot beds of anarchy and violence, but John Umbeck discovered that,
beginning in 1848, the miners began forming contracts with one another to
restrain their own behavior (1981, 51). There was no government authority in
California at the time, apart from a few military posts. The miners’ contracts
established property rights in land (and in any gold found on the land) that
the miners themselves enforced. Miners who did not accept the rules the
majority adopted were free to mine elsewhere or to set up their own contractual
arrangements with other miners. The rules that were adopted were often
consequently established with unanimous consent (Anderson and Hill 1979, 19).
As long as a miner abided by the rules, the other miners defended his rights
under the community contract. If he did not abide by the agreed-on rules, his
claim would be regarded as “open to any [claim] jumpers” (Umbeck 1981, 53).
The mining camps hired “enforcement specialists”—justices of the peace and
arbitrators—and developed an extensive body of property and criminal law. As a
result, there was very little violence and theft. The fact that the miners were
usually armed also helps to explain why crime was relatively infrequent. Benson
concludes, “The contractual system of law effectively generated cooperation
rather than conflict, and on those occasions when conflict arose it was, by and
large, effectively quelled through nonviolent means” (1998, 105).
When government bureaucrats failed to police cattle rustling effectively,
ranchers established cattlemen’s associations that drew up their own
constitutions and hired private “protection agencies” that were often staffed
by expert gunmen. This action deterred cattle rustling. Some of these “gunmen”
did “drift in and out of a life of crime,” write Anderson and Hill (1979, 18),
but they were usually dealt with by the cattlemen’s associations and never
created any kind of large-scale criminal organization, as some have predicted
would occur under a regime of private law enforcement.
In sum, this work by Benson, Anderson and Hill, Umbeck, and others
challenges with solid historical research the claims made by the “West was
violent” authors. The civil society of the American West in the nineteenth
century was much more peaceful than American cities are today, and the evidence
suggests that in fact the Old West was not a very violent place at all. History
also reveals that the expanded presence of the U.S. government was the real
cause of a culture of violence in the American West. If there is anything to
the idea that a nineteenth-century culture of violence on the American frontier
is the genesis of much of the violence in the United States today, the main
source of that culture is therefore government, not civil society.
The Real Cause of Violence in the American West
The real culture of violence in the American West of the latter half of the
nineteenth century sprang from the U.S. government’s policies toward the Plains
Indians. It is untrue that white European settlers were always at
war with Indians, as popular folklore contends. After all, Indians assisted the
Pilgrims and celebrated the first Thanksgiving with them; John Smith married
Pocahontas; a white man (mostly Scots, with some Cherokee), John Ross, was the
chief of the Cherokees of Tennessee and North Carolina; and there was always a
great deal of trade with Indians, as opposed to violence. As Jennifer Roback
has written, “Europeans generally acknowledged that the Indians retained
possessory rights to their lands. More important, the English recognized the advantage
of being on friendly terms with the Indians. Trade with the Indians, especially
the fur trade, was profitable. War was costly” (1992, 9). Trade and cooperation
with the Indians were much more common than conflict and violence during the
first half of the nineteenth century.