In lieu of an abstract, here is a brief excerpt of the content:

97 Chapter 6 Ovines and Bovines Ion Puschila T here is much to be said about the settlement of the area west of the Mississippi in the middle to latter part of the nineteenth century. The first thing that strikes any visitor who has bothered to tour the land is its vastness. One can drive along the many odd- and even-numbered freeways and marvel at the gall of those who attempted to traverse any part of it. Barren vistas, with gullies and arroyos that could swallow wagons whole, magnificent mountains that could daunt the most enterprising, and seemingly endless, apparently inhospitable deserts are all one sees. Occasionally, there is a storm that covers the entire horizon, Armageddon itself inexorably creeping its way toward the observer. And that is in the summer. Winter is fatal if one is not prepared . The comfort of one’s car affords the time to ponder that Willie Nelson could have written “The Redheaded Stranger” into any one of these settings. The West was a battleground between man and nature, be it against the earth’s caprices or against the nature of man. Pitted against one another were also law-abiding people and criminals , social norms of the period and immigrants, tension between different political entities that reflected the impending carnage that would consume the nation, as well as varied economic interests. The importance of law in the American spirit is evidenced by looking at how individuals dealt with each other in an environment where there was no law.1 At the same time, the wave of reform of the antebellum period can be seen, as can the divisiveness that the country suffered until well after the Civil War. Popular sovereignty and the profitability of the West in the industrial expansion of the late nineteenth century further contributed to the larger picture. In the latter half of the century , there was also the question of integration into the nation. Some of the inimical interests, such as fights between Republicans and Democrats , also spurred vigilante violence.2 Only hardy, some at times ruthless, self-reliant characters could have taken it upon themselves to seize the opportunity that at first glance may have seemed the road to perdition. Mainly the young, brash, naïve, and full of hope came. The gold rush prompted many to move as quickly as possible to find wealth. Entire families clambered upon furniture-filled wagons to cross the western expanse, strewing behind a trail of household items, carcasses, and crosses along the ruts they called roads on the way to El Dorado. Many did not make it, and of those who did few made any money from gold. The majority turned to other occupations, and populated the West. 98 Ion Puschila Perhaps disingenuously to those who look at a map and may imagine that the entire West was settled by people moving in gradually after crossing the Mississippi, many of the Argonauts moved east from California into new mining towns along the Rockies, and settled in unpopulated territories as far away as Montana and Wyoming. Once the gilded dream turned to rust, most former miners settled into other occupations, and found golden opportunities in the dusty lands. There were farmers, ranchers, smiths of all types, professionals , and business owners who wrought civilization out of a mostly inhospitable expanse. Only a few areas in this vast terrain had any semblance of law. Aside from a territorial marshal , county sheriff, and a deputy or two, much of this land had not yet been visited by a judge, and any legal infrastructure was usually distant, too far for impatient, busy men to transport an offender and await the outcome of a trial. Not only was there a concern about the distant and slow wheels of justice, or a witness moving to a new camp, but the risk that the criminal might flee the poorly built jailhouse, outrun the arm of the law which then was rather short, or in some other way escape justice. For these reasons, there was further motivation to have a speedy, local trial.3 There was nearly limitless opportunity for miscreants.4 The amount of crime is perhaps remarkably small, given the potential for it that presented itself in the presence of a population not foreign to arms, witnessed by a large number of Mexican and Civil Wars veterans, along with others who had a criminal record. Some of the latter sought to mend their ways, and the former wanted opportunity...

Share