Independent.org | 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.
Terry Anderson and Fred McChesney relate how Thomas Jefferson found that during his time negotiation was the Europeans’ predominant means of acquiring land from Indians (1994, 56). By the twentieth century, some $800 million had been paid for Indian lands. These authors also argue that various factors can alter the incentives for trade, as opposed to waging a war of conquest as a means of acquiring land. One of the most important factors is the existence of a standing army, as opposed to militias, which were used in the American West prior to the War Between the States. On this point, Anderson and McChesney quote Adam Smith, who wrote that “‘[i]n a militia, the character of the labourer, artificer, or tradesman, predominates over that of the soldier: in a standing army, that of the soldier predominates over every other character.’” (1994, 52). A standing army, according to Anderson and McChesney, “creates a class of professional soldiers whose personal welfare increases with warfare, even if fighting is a negative-sum act for the population as a whole” (52).
The change from militia to a standing army took place in the American West immediately upon the conclusion of the War Between the States. The result, say Anderson and McChesney, was that white settlers and railroad corporations were able to socialize the costs of stealing Indian lands by using violence supplied by the U.S. Army. On their own, they were much more likely to negotiate peacefully. Thus, “raid” replaced “trade” in white–Indian relations. Congress even voted in 1871 not to ratify any more Indian treaties, effectively announcing that it no longer sought peaceful relations with the Plains Indians. Read Entire Article
By Thomas J. DiLorenzo