Law and order in the Old West during the 19th Century
The Sheriff
Sheriff is the term used for local law enforcement officers in the United States. The local sheriffs weren't wearing any uniforms in the 19th century but had a star-shaped metal badge on their chest as a mark of identification. A sworn law enforcement officer working for a sheriff is called a "sheriff's deputy".There were three different types of sheriffs:Town sheriff:The town sheriffs were appointed through elections by the population. The sheriff had one or many deputies, depending on the size of the town. The town sheriffs were responsible for law and order in the towns such as stopping fights, drunkenness and pilfering. When serious crimes happened they were assisted by federal sheriffs.County sheriff:The county sheriffs were like the town sheriffs appointed through elections by the population. They had deputies as assistants and the number depended on the size of the county. The county sheriffs were responsible for law and order in the sparsely populated areas such as stopping bandits robbing stagecoaches and trains, but also rustlers. When serious crimes happened they were assisted by federal sheriffs.Historically, the sheriff was also commander of the militia in that county. The political election of a person to serve as a police leader is an almost uniquely American tradition.Federal sheriff:Federal sheriffs or U.S. Marshals assisted the local sheriffs with serious crimes such as murder and organized crimes. U.S. Marshals had the right to arrest criminals in any state. The office of U.S. Marshal is the oldest American federal law enforcement office.A legendary sheriff was Wyatt Earp (1848 - 1929) who was a deputy sheriff in Tombstone, Arizona. Wyatt Earp became well-known after the Gunfight at the O.K. Corral 1881 together with his two brothers, Virgil and Morgan Earp, and Doc Holliday. Virgil was the Tombstone sheriff.The image to the right shows Wyatt Earp around 1887. Free image Wikipedia.
Vigilance Committees and so-called Regulators
In rural areas where it could be a long way to the nearest courthouse, locals could take the law into their own hands. This was usually done by establishing informal citizens' vigilance committees that gave drumhead trials and death sentences to well-known offenders. For serious crimes such as rustling, bank and train robbery and murder the criminals were punished by lynching (according to law only murder and complicity in murder led to death sentence). These vigilance committees could also assault criminals guilty of minor crimes such as card-sharping and quackery to make them leave the county. This was illegal, but few people were prepared to give evidence against the vigilance committees since most people considered the criminals got what they deserved.Regulators were criminals salaried by cattle tycoons to chase away rustlers. Corrupt tycoons also used these regulators to force settlers to sell their homesteads or in armed conflicts with other cattle tycoons.
Bounty Hunters
A lucrative but dangerous choice of profession was bounty hunting. A bounty hunter captured fugitives for a monetary reward (bounty). They hunted fugitives who committed crimes such as robbery, murder, rape, rustling, horse theft, card-sharping and kidnapping. A cardsharper could be wanted for 20 dollars while a murderer could be wanted for several thousand dollars, depending how many he had killed and who the victims were. Deserters were also hunted and the Army paid 200 dollars for each captured deserter.
Detective Agencies
Detective agencies also hunted criminals. They used a dangerous but effective method which the judicial system could not use. They infiltrated the gangs of bandits to find out their hide-outs (sheriffs weren’t allowed to use this method, since the infiltrators sometimes had to commit crimes and sheriffs committing crimes were fired). The private detectives who committed crimes in the line of duty were not prosecuted if they gave evidence against the bandits. However, being an infiltrator was a dangerous job; if they were disclosed they were killed.The most well-known detective agency was the Pinkerton National Detective Agency, usually shortened to the Pinkertons. The agency was founded in 1850 by Allan Pinkerton (1819-1884) and was the first privately owned detective agency. Pinkerton became famous when he claimed to have foiled a plot to assassinate president-elect Abraham Lincoln, who later hired Pinkerton agents for his personal security during the Civil War (1861 – 1865). At its height, the Pinkerton National Detective Agency employed a huge number of agents and was the largest private law enforcement organization in the world.After the Civil War Pinkerton agents were hired to track western outlaws or gangs of outlaws who robbed the transportation of valuables and money, primarily by Wells Fargo and Union Pacific.Today the Pinkertons are a subsidiary of the Swedish Securitas AB, a security services company.
Courts of Law (Justice)
The Justice Courts were in charge of misdemeanors and were located in small towns.The Probation Courts were in charge of bureaucratic cases such as child-custody cases, the division of the estates of the deceased, disputes between landowners. The probation courts were normally located in the state capitals.The Circulation Court was an ambulating judge who traveled sparsely populated areas and held a court of law for serious crimes.The District Courts were located in the state capitals. They were in charge of serious crimes.The Federal Circulation Courts judged in disputes and criminal cases which stretched over several states.The Supreme Court is the highest federal court in the United States and the final interpreter of federal constitutional law. No state laws are allowed to violate the United States Constitution. The Court consists of a chief justice and eight associate justices and once appointed, justices have life tenure.Capital punishment was unusual since only murder, complicity in murder and treason led to the death sentence. In the beginning of the 19th century public executions were common with a deterrent purpose. Over time the executions were moved into the prisons. This also diminished the risk of rescue operations. Executions took place in state prisons, normally by hanging. The person sentenced to death had the right to appeal with the possibility of being reprieved by the governor.
Prisons
There were three types of prisons:The Town Jail: The town jail was principally a detention facility where petty thieves and troublemakers were being detained waiting to undergo a trial. Once convicted the criminals were transferred to the county jail or the state prison. The town jail was normally in the same building as the sheriff’s office.The County Jail: The county jails kept prisoners who served a prison sentence up to one year. The quality of the county jails varied, often built up of wood or clay instead of stone, depending on the building material available. This also made them easy to escape from.The State Prison: The State prisons kept prisoners who served a prison sentence for serious crimes. The state penitentiaries were built in stone material with high walls and watchtowers. These prisons had multistory buildings with prison cells with bars.
Violence in the Midwest
A common weapon at the frontier was the revolver, followed by the rifle which was used for hunting. People were seldom armed at home; it was when they traveled or had errands in town they brought a gun. The risky situation was travel between towns when bandits could rob travelers and merchants.Criminals weren’t the major threat to civilians though; they had a greater problem from storms and predatory animals. Although violence was primarily executed between criminals and officers of the law (such as sheriffs, posses and bounty hunters) it was also between rivaling bandit gangs. Outlaws robed merchants and travelers they thought were wealthy. To rob someone poor wasn’t simply worth the risk. It was also rare that bandits robbed stagecoaches with armed guards equipped with sawed-off shotguns – this risk was too big. The myth that the “Wild West” was a place where anyone could be robbed and killed is much exaggerated.A notorious criminal wasBilly the Kid; also known as William H. Bonney (1859 - 1881). He was an American Old West gunfighter and is known to have killed eight men. His first arrest was for stealing food in late 1875, and within five months he was arrested for stealing clothing and firearms. His escape from jail two days later and flight from New Mexico Territory into Arizona Territory made him both an outlaw and a federal fugitive. After murdering a blacksmith during an altercation in August 1877, Bonney became a wanted man in Arizona Territory and returned to New Mexico, where he joined a group of cattle rustlers. He became a well-known figure in the region when he joined the Regulators and took part in the Lincoln County War. In April 1878, however, the Regulators killed three men, including Lincoln County Sheriff William J. Brady and one of his deputies. Bonney and two other Regulators were later charged with killing all three men.Bonney was captured by Sheriff Pat Garrett in December 1881, tried and convicted of the murder of Sheriff William Brady in April 1881, and sentenced to hang in May of that year. Bonney escaped from jail on April 28, 1881, killing two sheriff's deputies in the process, and evaded capture for more than two months. He ultimately was shot and killed by Garrett in Fort Sumner on July 14, 1881. The image shows William Bonney alias Billy the Kid. Free image Wikipedia.
Sheriff is the term used for local law enforcement officers in the United States. The local sheriffs weren't wearing any uniforms in the 19th century but had a star-shaped metal badge on their chest as a mark of identification. A sworn law enforcement officer working for a sheriff is called a "sheriff's deputy".There were three different types of sheriffs:Town sheriff:The town sheriffs were appointed through elections by the population. The sheriff had one or many deputies, depending on the size of the town. The town sheriffs were responsible for law and order in the towns such as stopping fights, drunkenness and pilfering. When serious crimes happened they were assisted by federal sheriffs.County sheriff:The county sheriffs were like the town sheriffs appointed through elections by the population. They had deputies as assistants and the number depended on the size of the county. The county sheriffs were responsible for law and order in the sparsely populated areas such as stopping bandits robbing stagecoaches and trains, but also rustlers. When serious crimes happened they were assisted by federal sheriffs.Historically, the sheriff was also commander of the militia in that county. The political election of a person to serve as a police leader is an almost uniquely American tradition.Federal sheriff:Federal sheriffs or U.S. Marshals assisted the local sheriffs with serious crimes such as murder and organized crimes. U.S. Marshals had the right to arrest criminals in any state. The office of U.S. Marshal is the oldest American federal law enforcement office.A legendary sheriff was Wyatt Earp (1848 - 1929) who was a deputy sheriff in Tombstone, Arizona. Wyatt Earp became well-known after the Gunfight at the O.K. Corral 1881 together with his two brothers, Virgil and Morgan Earp, and Doc Holliday. Virgil was the Tombstone sheriff.The image to the right shows Wyatt Earp around 1887. Free image Wikipedia.
Vigilance Committees and so-called
Regulators
In rural areas where it could be a long way to the nearest courthouse, locals could take the law into their own hands. This was usually done by establishing informal citizens' vigilance committeesthat gave drumhead trials and death sentences to well-known offenders. For serious crimes such as rustling, bank and train robbery and murder the criminals were punished by lynching (according to law only murder and complicity in murder led to death sentence). These vigilance committees could also assault criminals guilty of minor crimes such as card-sharping and quackery to make them leave the county. This was illegal, but few people were prepared to give evidence against the vigilance committees since most people considered the criminals got what they deserved.Regulators were criminals salaried by cattle tycoons to chase away rustlers. Corrupt tycoons also used these regulators to force settlers to sell their homesteads or in armed conflicts with other cattle tycoons.
Bounty Hunters
A lucrative but dangerous choice of profession was bounty hunting. A bounty hunter captured fugitives for a monetary reward (bounty). They hunted fugitives who committed crimes such as robbery, murder, rape, rustling, horse theft, card-sharping and kidnapping. A cardsharper could be wanted for 20 dollars while a murderer could be wanted for several thousand dollars, depending how many he had killed and who the victims were. Deserters were also hunted and the Army paid 200 dollars for each captured deserter.
Detective Agencies
Detective agencies also hunted criminals. They used a dangerous but effective method which the judicial system could not use. They infiltrated the gangs of bandits to find out their hide-outs (sheriffs weren’t allowed to use this method, since the infiltrators sometimes had to commit crimes and sheriffs committing crimes were fired). The private detectives who committed crimes in the line of duty were not prosecuted if they gave evidence against the bandits. However, being an infiltrator was a dangerous job; if they were disclosed they were killed.The most well-known detective agency was the Pinkerton National Detective Agency, usually shortened to the Pinkertons. The agency was founded in 1850 by Allan Pinkerton (1819-1884) and was the first privately owned detective agency. Pinkerton became famous when he claimed to have foiled a plot to assassinate president-elect Abraham Lincoln, who later hired Pinkerton agents for his personal security during the Civil War (1861 – 1865). At its height, the Pinkerton National Detective Agency employed a huge number of agents and was the largest private law enforcement organization in the world.After the Civil War Pinkerton agents were hired to track western outlaws or gangs of outlaws who robbed the transportation of valuables and money, primarily by Wells Fargo and Union Pacific.Today the Pinkertons are a subsidiary of the Swedish Securitas AB, a security services company.
Courts of Law (Justice)
The Justice Courts were in charge of misdemeanors and were located in small towns.The Probation Courts were in charge of bureaucratic cases such as child-custody cases, the division of the estates of the deceased, disputes between landowners. The probation courts were normally located in the state capitals.The Circulation Court was an ambulating judge who traveled sparsely populated areas and held a court of law for serious crimes.The District Courts were located in the state capitals. They were in charge of serious crimes.The Federal Circulation Courts judged in disputes and criminal cases which stretched over several states.The Supreme Court is the highest federal court in the United States and the final interpreter of federal constitutional law. No state laws are allowed to violate the United States Constitution. The Court consists of a chief justice and eight associate justices and once appointed, justices have life tenure.Capital punishment was unusual since only murder, complicity in murder and treason led to the death sentence. In the beginning of the 19th century public executions were common with a deterrent purpose. Over time the executions were moved into the prisons. This also diminished the risk of rescue operations. Executions took place in state prisons, normally by hanging. The person sentenced to death had the right to appeal with the possibility of being reprieved by the governor.
Prisons
There were three types of prisons:The Town Jail: The town jail was principally a detention facility where petty thieves and troublemakers were being detained waiting to undergo a trial. Once convicted the criminals were transferred to the county jail or the state prison. The town jail was normally in the same building as the sheriff’s office.The County Jail: The county jails kept prisoners who served a prison sentence up to one year. The quality of the county jails varied, often built up of wood or clay instead of stone, depending on the building material available. This also made them easy to escape from.The State Prison: The State prisons kept prisoners who served a prison sentence for serious crimes. The state penitentiaries were built in stone material with high walls and watchtowers. These prisons had multistory buildings with prison cells with bars.
Violence in the Midwest
A common weapon at the frontier was the revolver, followed by the rifle which was used for hunting. People were seldom armed at home; it was when they traveled or had errands in town they brought a gun. The risky situation was travel between towns when bandits could rob travelers and merchants.Criminals weren’t the major threat to civilians though; they had a greater problem from storms and predatory animals. Although violence was primarily executed between criminals and officers of the law (such as sheriffs, posses and bounty hunters) it was also between rivaling bandit gangs. Outlaws robed merchants and travelers they thought were wealthy. To rob someone poor wasn’t simply worth the risk. It was also rare that bandits robbed stagecoaches with armed guards equipped with sawed-off shotguns – this risk was too big. The myth that the “Wild West” was a place where anyone could be robbed and killed is much exaggerated.A notorious criminal wasBilly the Kid; also known as William H. Bonney (1859 - 1881). He was an American Old West gunfighter and is known to have killed eight men. His first arrest was for stealing food in late 1875, and within five months he was arrested for stealing clothing and firearms. His escape from jail two days later and flight from New Mexico Territory into Arizona Territory made him both an outlaw and a federal fugitive. After murdering a blacksmith during an altercation in August 1877, Bonney became a wanted man in Arizona Territory and returned to New Mexico, where he joined a group of cattle rustlers. He became a well-known figure in the region when he joined the Regulators and took part in the Lincoln County War. In April 1878, however, the Regulators killed three men, including Lincoln County Sheriff William J. Brady and one of his deputies. Bonney and two other Regulators were later charged with killing all three men.Bonney was captured by Sheriff Pat Garrett in December 1881, tried and convicted of the murder of Sheriff William Brady in April 1881, and sentenced to hang in May of that year. Bonney escaped from jail on April 28, 1881, killing two sheriff's deputies in the process, and evaded capture for more than two months. He ultimately was shot and killed by Garrett in Fort Sumner on July 14, 1881. The image shows William Bonney alias Billy the Kid. Free image Wikipedia.
