The Western Desperado Plains represent a pivotal era in American history, characterized by vast, untamed landscapes and a population whose transient nature often defied the establishment of formal law. This period, following the close of the Civil War, saw a remarkable migration of bold men across the wilderness, drawn first by mining stampedes in the Rockies and later by the boundless opportunities presented by the plains. The very essence of the Western Desperado Plains lay in this nomadic spirit, making conventional law enforcement almost an impossible feat and shaping a unique brand of frontier justice.
Early Western life was defined by its transient and migratory inhabitants. It is astonishing to consider the immense distances traveled by these adventurers, who chased mining fortunes across the rugged Rockies despite unimaginable hardships. This inherent nomadic quality, even in mountainous regions typically known for retaining populations, profoundly complicated the establishment of law and order. Towns were often organized on a whim and then abandoned just as quickly due to shifting necessities or rumors. Property rights were tenuous, taxes were unenforceable, and maintaining a stable corps of executive officers was exceedingly difficult. For law to truly take root, a permanent, attached population was a prerequisite.
The Shifting Frontier: From Mines to Herds
The lawlessness prevalent in the real West was, in many ways, a product of these unique conditions rather than an inherent moral failing. It underscored the universal truth that human nature, when presented with unguarded wealth and lacking formal constraints, can easily stray. The decades immediately following the American Civil War witnessed the exhaustion of the great placer mines in the Rockies and Sierras, giving way to quartz mining operations. Simultaneously, immense cattle herds from the South began their epic journey to the upper ranges beyond the Missouri River. The plains, with their promise of vast, seemingly unowned wealth, now beckoned adventurers just as the mines had before them.
Here on the plains lay wealth—loose, unattached, and readily available—waiting for a similarly nomadic population to claim it. Once again, the concept of a permanent home was absent, and formal law was largely undeveloped. Men were left to govern themselves, often resorting to ancient, savage ways. This era also marked the widespread adoption of repeating firearms using fixed ammunition. An unprecedented number of well-armed, unorganized men converged on the plains, carrying forward the wild and desperate deeds that had begun in the mountains.
The Rise of the Cattle Kingdom and the Challenge of Ownership
On the arid plains, livestock constituted the primary form of property. Agriculture was not yet established, and many believed it never could be. Massive herds of cattle from Texas and Mexico were driven north to meet the advancing railroads, which were rapidly extending westward across the plains. A significant portion of these cattle were intended as breeding stock, populating the upper cow ranges of Colorado, Wyoming, Montana, western Nebraska, and the Dakotas. These northern territories soon discovered their suitability for raising and fattening range cattle, leading to thousands upon thousands of animals being turned loose without fences across thousands of miles. They existed as best they could, guarded by a class of men as nomadic as their herds.
Cattle were relatively inexpensive at this time, providing a much-needed food source in a land where buffalo populations had dwindled. For a considerable period, killing and eating a cow if one was hungry was considered a minor offense. A man’s horse was sacrosanct, but his cow, amidst so many uncounted and shifting animals, was not. Ownership of these scattered herds was incredibly difficult to trace. A cattleman might reside in Texas but own herds grazing in Montana. Property rights were primarily denoted by the brand on the animal, a mere sign of tenure.
The Creed of the Cattle Trade: Brands and Bills of Sale
The entire creed of the cattle trade revolved around the respect for this brand. A cattleman held his property absolutely, without fences or direct control. His cattle mingled freely with those of others, yet ownership was rarely confused. They might wander hundreds of miles, but they were unequivocally his and presumed to find their way back or be identified. To touch another’s branded animal was a crime; to appropriate it meant punishment. This shared necessity fostered common custom, which in turn became common law, and eventually, statutory law.
When Anglo-Saxons first arrived in the Southwest, the traditional Fierro, or iron mark of Spanish cattle owners, and their venta, or sale brand, were already established common law. The Anglo-Saxons wisely adopted these rational customs, which quickly spread across the American plains as recognized law. For many years, vast herds of cattle roamed almost freely in the Southwest, each ideally bearing its owner’s brand. However, many cattle, known as “mavericks,” roamed unbranded, their ownership ambiguous. As the northern ranges opened, the existence of unbranded cattle continued, and the
