The Civil War and the American conquest of the West were two of the most important events of the nineteenth century. However, these events are often treated as separate occurrences, even though the end of the war played a crucial role in stimulating westward expansion. It is important to acknowledge that the expansion of slavery played a prominent role in the power struggles for control over the territories, which would eventually become the Old West. Indeed, what we now perceive as the Old West saw itself as the New South during that period.

Lloyd W Klein explains.

Following the defeat of the Confederacy, numerous men who had fought for a cause found themselves suddenly without employment, money, or prospects. Many returned home to find their families and farms devastated, facing circumstances beyond their worst nightmares. In response, those who had the means chose to migrate westward in search of a fresh start. However, their anger, experiences, and familiarity with guns and violence accompanied them on their journey.

The popular perception of the Old West, largely influenced by Hollywood depictions, revolves around lawlessness, gunfights, and violence. In these portrayals, lawmen are depicted as heroes, distinguished by their badges and white hats, while the "bad guys" are characterized by black hats, unshaven appearances, and a tendency to draw their weapons first. However, the reality was far more nuanced. Violence was rampant, and law and order were virtually nonexistent. Interestingly, those who carried badges typically hailed from the northern states, while outlaws were often from the Border States and the old South. And those who wore the badges were of a specific background.

The Border States

It is crucial to recognize that the western frontier in the 1850s and 1860s encompassed Missouri and Kansas, known as the Border States. Kansas, in particular, had a history steeped in violence, which was deeply ingrained in the lives of its inhabitants. While we may not commonly associate the Old West with the consequences of the Civil War, those who lived during that time held no such distinction. When we envision the Old West today, we often think of states like Arizona, New Mexico, and Colorado. However, during the 1860s, the frontier was primarily located in Kansas. Whether we refer to it as a result of the Civil War or as Old West-related, those who actively participated in that era did not make such distinctions. It was the frontier in many different ways: between North and South, for sure, but also the West vs. East, whites vs. Native Americans, and Republicans vs. Democrats. It was a place of violence and lawlessness precisely because it was the border of all of these cultural shifts.

Bushwhacking and Western Gangs

Bushwhacking is a form of guerrilla warfare common during conflicts in which there were large areas of contested land and few governmental resources to control these tracts. This tactic was particularly prevalent in rural areas during the Civil War where there were sharp divisions between those favoring the Union and Confederacy in the conflict. The individuals responsible for these attacks, known as bushwhackers, utilized ambushes as a means of attrition. Attrition warfare, a military strategy aimed at wearing down the enemy through continuous losses in personnel, material, and morale, was the underlying objective of these guerrilla tactics.

Bushwhackers were typically affiliated with irregular military forces on both sides of the conflict. While they occasionally launched well-coordinated raids against military targets, their most devastating attacks involved ambushing individuals and conducting house raids in rural communities. These actions were especially inflammatory as they often pitted neighbors against each other, serving as a means to settle personal scores. Due to their lack of proper insignia, the Union considered these attackers as terrorists. Notable figures such as William Quantrill, Bill Anderson, and John Singleton Mosby exemplified the bushwhacker profile. Partisan Rangers, essentially land-based privateers, also fell under the category of bushwhackers.

The association of bushwhacking became particularly strong with the pro-Confederate guerrillas in Missouri, where this form of warfare reached its peak intensity. Guerrilla activities also extended to regions like Kentucky, Appalachian Tennessee, northern Georgia, Arkansas, and western Virginia. In Kansas, pro-Union guerrilla fighters were referred to as "Jayhawkers" and frequently engaged in cross-border raids into Missouri.

Jesse & Frank James

The James Brothers, along with their partners the Youngers, can be traced back to their involvement in the Civil War. Understanding the James–Younger Gang solely as outlaws in the Wild West would be incomplete, as their formation can be traced back to the bushwhackers of the Civil War era who engaged in partisan warfare in Missouri during the Civil War.

After the war ended, their motives shifted from fighting for the Confederacy to pursuing personal profit through acts of plunder and murder. Jesse James, a prominent member of the gang, began his insurgent activities in 1864. Throughout the war, he primarily fought against fellow Missourians, including Missouri regiments of U.S. Volunteer troops, state militia, and unarmed Unionist civilians. Although there is only one confirmed instance of him engaging in combat with Federal troops from another state, which occurred after Appomattox, he faced numerous hardships during the war. His mother and sister were arrested, his stepfather was tortured, and his family was temporarily banished from Missouri by Unionist Missourians.

The James–Younger Gang eventually disbanded in 1876 after the Younger brothers were captured during a failed bank robbery in Northfield, Minnesota. It is often mentioned that Union Army veterans played a significant role in the gunfight that led to their capture. Considering the contributions of the Iron Brigade and the First Minnesota in the war, it appears that the gang had chosen the wrong town to engage in criminal activities.

Three years later, Jesse James formed a new gang and resumed his criminal career. However, his reign came to an end in 1882 when he was shot from behind by Robert Ford, resulting in his death. Interestingly, Ford, who was a member of the James-Younger Gang, had been offered a reward and full pardon by the Governor of Missouri, Thomas Crittenden, if he successfully killed James. Crittenden had been elected with the promise of bringing an end to the notorious gang.

Buffalo Bill

In 1853, a man named Isaac Cody sold his land in Scott County, Iowa, and he, his wife, and their son moved to Fort Leavenworth, Kansas Territory. The allure of the frontier and the potential opportunities it held were the driving factors behind this move. However, little did he know that he was about to find himself in a tumultuous and violent situation. As an ardent opponent of slavery, Isaac was invited to deliver a speech at Rively's Store, a local trading post known for hosting gatherings of pro-slavery individuals. Unfortunately, his impassioned antislavery rhetoric provoked such anger among the crowd that they resorted to threatening his life. In a shocking turn of events, a man leaped forward and viciously stabbed Isaac twice with a Bowie knife. Although Rively, the store's proprietor, promptly rushed him to receive medical attention, Isaac never fully recovered from the injuries inflicted upon him.

Following their arrival in Kansas, the Cody family faced relentless persecution from pro-slavery supporters. Isaac's safety was jeopardized to such an extent that he was compelled to spend considerable time away from his home. Matters took a grave turn when his adversaries discovered his planned visit to his family and devised a sinister plot to assassinate him en route. It was at this critical juncture that his 11-year-old son, already an accomplished equestrian, rode an astonishing thirty miles to warn his father of the impending danger. In a surprising twist, Isaac decided to divert his course and journeyed to Cleveland, Ohio, where he organized a group of thirty families to bring them back to Kansas to bolster the antislavery population. Tragically, during his return trip, Isaac fell ill with a respiratory infection, exacerbated by the lingering effects of his stabbing and complications arising from kidney disease. These afflictions ultimately led to his untimely demise in April 1857.

His son, William Cody, was forced to make a living as a young teen. He first worked as a messenger, capitalizing on his exceptional horse-riding abilities. Subsequently, he embarked on a career as a scout, riding alongside the US Cavalry in Utah, where he demonstrated his marksmanship by preventing a Native American from harming his comrade. At the age of 14, he ventured into gold prospecting in California but soon abandoned this quest to become a rider for the Pony Express. In 1861, he attempted to enlist in the Union army, but was rejected (he was just 15). In 1863, at age 17, he enlisted as a teamster with the rank of private in Company H, 7th Kansas Cavalry, and served until discharged in 1865.

With the end of the war, he went to Junction City KS to enlist as a scout with an old friend named Bill Hickok. They would work for various troops and their generals, including George Armstrong Custer. The reunion of Bill Cody with Wild Bill Hickock after the war was a critical part of the Old West story. They first met when Hickok was age 18, and a Jayhawker, and Cody was age 12. They crossed paths again in 1862 when Hickock joined General James Henry Lane's Kansas Brigade, and while serving with the brigade, saw his friend Buffalo Bill Cody, who was serving as a scout.

Buffalo Bill's Wild West Shows have been the subject of much contemporary criticism, with controversy revolving around whether they exploited Native Americans or if Bill was their benefactor.

Billy the Kid

Billy the Kid’s real name was Henry McCarty, whose alias was William H Bonney – that was not his real name. He had killed 21 men by the time of his own death at age 21. His connection to the Civil War is indirect but is a fascinating reflection on the times.

McCarty was orphaned at the age of 15. His first arrest was for stealing food at the age of 16 in 1875. Ten days later, he robbed a Chinese laundry and was arrested again but escaped shortly afterward. He fled from New Mexico Territory into neighboring Arizona Territory, making himself both an outlaw and a federal fugitive. In 1877, he began to call himself "William H. Bonney".

After killing a blacksmith during an altercation in August 1877, Bonney became a wanted man in Arizona and returned to New Mexico, where he joined a group of cattle rustlers. He became well known in the region when he joined the Regulators and took part in the Lincoln County War of 1878. He and two other Regulators were later charged with killing three men, including Lincoln County Sheriff William J. Brady and one of his deputies.

Bonney's notoriety grew in December 1880 when the Las Vegas Gazette, and The Sun, in New York City, carried stories about his crimes. Sheriff Pat Garrett captured Bonney later that month. In April 1881, Bonney was tried for and convicted of Brady's murder and was sentenced to hang in May of that year. He escaped from jail on April 28, killing two sheriff's deputies in the process, and evaded capture for more than two months. Garrett eventually caught up with him and shot and killed Bonney, by then aged 21, in Fort Sumner on July 14, 1881. Garrett shot him in the chest in a dark room. Garrett and Bonney had been friends; he had a temper and had killed several men, with and without a badge. Rumors developed that Garrett never actually killed Bonney but it was a set up for him to escape. The movie in the 1970s accompanied by Bob Dylan’s lyrics made it seem as if Garrett was more of an assassin than a lawman. Certainly, a reward offered by the Governor of New Mexico was part of the incentive. And indeed, Garrett’s life story shows him seamlessly drifting among these roles.

Governor Lew Wallace, renowned for his involvement in the battles of Shiloh and Monocacy, as well as his authorship of the novel "Ben Hur," arrived in Santa Fe on September 29, 1878. His service as governor of the New Mexico Territory occurred during a time of lawless violence and political corruption. Wallace was involved in efforts to resolve New Mexico's Lincoln County War, a contentious and violent disagreement among the county's residents, and tried to end a series of Apache raids on territorial settlers.

On March 1, 1879, after previous attempts to restore order in Lincoln County had proven unsuccessful, Wallace issued orders for the arrest of those responsible for the local killings. Among the outlaws was none other than Billy the Kid. On March 17, 1879, Wallace clandestinely met with Bonney, who had witnessed the murder of a Lincoln County lawyer named Huston Chapman. Wallace sought Bonney's testimony in the trial of Chapman's alleged murderers. In return, Bonney requested protection from his enemies and amnesty for his past transgressions. During their meeting, the two struck a deal, with Bonney agreeing to become an informant in exchange for a full pardon of his previous crimes.

Wallace supposedly assured the Kid that he would be "scot-free with a pardon in your pocket for all your misdeeds." On March 20 Bonney agreed to provide grand jury testimony against those involved in Chapman's murder. Wallace arranged for a "fake" arrest and Bonney's detention in a local jail to assure his safety. Bonney testified in court on April 14, as agreed. However, the local district attorney revoked Wallace's bargain and refused to set the outlaw free. Bonney escaped and went back to killing people. Garrett set a $500 reward for his capture. That was when Garrett went after his friend. The authenticity of this bargain, however, remains questionable. It is unclear whether Wallace truly made such an offer or if it was merely a fabrication.

Garrett's early life was marked by financial hardship and tragedy. At age 3, Garrett’s father purchased the John Greer plantation in Claiborne Parish, Louisiana. The Civil War, however, destroyed the Garrett family's finances. Their mother died at the age of 37 on March 25, 1867, when Garrett was 16. Then the following year, on February 5, 1868, his father died at age 45. The children were left with a plantation that was more than $30,000 in debt. Relatives took in the children. The 18-year-old Garrett headed west from Louisiana on January 25, 1869. He became a Buffalo hunter and killed his first man in 1876. His first lawman job was as sheriff of Lincoln County during its war between 2 families after the previous sheriff was killed in a 5-day shootout. Billy the Kid was involved, so Garrett began to track him. Garrett went on to great acclaim as a Western lawman, recognized alongside Bat Masterson and Ben Daniels by Theodore Roosevelt. He would eventually be killed on the trail under still-mysterious circumstances.

An intriguing aspect to consider is the contrasting backgrounds of McCarty and Garrett. While McCarty was born in New York City, Garrett hailed from Alabama. in this regard, although an interesting switch of geographic roles, Garrett wasn’t such a good guy; Garrett's reputation as a lawman was not without blemish. On the other hand, Bonney, despite his outlaw status, had spent most of his life in the South. This pattern reveals a recurring theme where the law was often associated with the Republican and Northern states, while outlaws tended to emerge from the Border States or regions with Southern influences.

Arizona

In March 1861, Arizona territory issued an ordinance of secession. In retrospect, this is noteworthy because it wasn’t even a state at the time; it was part of a territory with New Mexico. Its stated reasons for this measure included: the need for protection from Native American raids and attacks, continued mail service, and the ties of “southern identity” although the document makes no explicit mention of slavery. A specific passage in the secession statement says, “RESOLVED, That geographically and naturally we are bound to the South, and to her we look for protection; and as the Southern States have formed a Confederacy, it is our earnest desire to be attached to that Confederacy as a Territory.”

Black Americans in the Old West

Old Hollywood Westerns are fantastic updated examples of a Greek morality play: Evil may seem to be winning, but in the end, justice will prevail. There is of course a problem with the casting of these movies: 25% of the estimated 35,000 men who went out west and became cowboys (in the modern sense) were black. These were former slaves who had been emancipated, went west due to limited prospects in the South, and were now looking to make a living.

And once this fact is pointed out, the reasons are not hard to discern. Former slaves had skills in cattle handling; suddenly free with no prospect of being hired for a fair wage at home, they headed West at the end of the Civil War. While not treated exactly as equals, black men had equality to white men in terms of pay and responsibilities, A typical trail party consisted of a dozen men, of whom 7 or 8 were white men, 2 or so were Mexicans, and 3 were blacks. These men were most often employed as wranglers or cooks, but not very often as trail bosses. The freed slaves might not be hired right away. Many came with kitchen or ranching skills but often trained under Mexican vaqueros or native Americans, and then hired by white ranchers and paid an equal wage.).

Many of the authentic characters of the Old West were former slaves who found a better life on the frontier. Here are 5 examples:

Deadwood Dick: Real name: Nat Love from Tennessee. Breaking horses and driving cattle were his specialties. He lived for a time in Deadwood and Dodge City. Later became a rodeo rider and performer.

Bob Lemmons: After being freed, he moved to West Texas and became known for his skills in capturing wild mustangs. He was so good at this that he became wealthy, bought his own ranch, and developed large herds of cattle and horses.

John Ware: Rancher freed from slavery in South Carolina, considered one of the most reliable cowboys on cattle drives from Alberta to Texas.

Bass Reeves: A freed slave from Arkansas who spoke numerous Native American languages, one of the great western lawmen, the first Black deputy U.S. marshal west of the Mississippi. Throughout Arkansas and the Oklahoma Territory, he apprehended over 3,000 criminals. Tales of his exploits are legendary, including that he once went on a posse with just a cook and an assistant and rounded up 21 wanted outlaws, who he led back on a rope. When we think of Western heroes, he really should be among the first we recognize, and the fact that we don’t is purely a manifestation of what old Hollywood thought would sell.

Bill Pickett: Legendary Rodeo performer, who invented steer wrestling, enshrined in the Rodeo Hall of Fame.

Wyatt Earp

If you think the Civil War has its myths and legends bent out of proportion to reality, well, the Old West has it beat, and the legend surrounding Wyatt Earp may be its greatest fraud. He is truly the embodiment of “the real America”, just not the ersatz one Hollywood created; the truth about the misogyny and violence of the Old West are romanticized, leading to false legends which have impacted modern views.

The story surrounding the Earps and the McLaurys and the Clantons and the facts of the Gunfight at the OK Corral and the Vendetta Ride go beyond this article. The truth is an even better story than the romanticized, sugar-coated version, and the blending of good guy versus bad guy never really ceases to amaze.

Wyatt Earp and Bat Masterson were assistant marshals in Dodge City, KS in the 1870s and 1880s. This town did not exist during the Bleeding Kansas days (it was founded in 1871), but the state’s reputation for violence predated the Old West. Earp moved to Dodge City from another Kansas boomtown, Wichita. His first wife was a prostitute who had opened a brothel there. Earp had been a pimp in Peoria. He was arrested several times while in Wichita for engaging in business with the brothel, and it was considered a conflict for a constable to be engaging in that behavior.

The Earps were northerners, from Illinois. Masterson was Canadian, from Quebec. Wyatt and Bat were Dodge City lawmen, in Kansas in the 1870s. Bleeding Kansas was still fresh in everyone’s mind. The territory west of them was Native American: Arapaho, Cheyenne, Comanche, Kansan, Kiowa, Osage, Pawnee, and Wichita.

Among the Dodge City lawmen of 1883 were Bat Masterson, Earp, and Charlie Basset, the town marshal. You would not want to mess with this group; these men were Tough. And they weren’t especially concerned with the details of the law. They applied the law with their fists and their six-shooters. What we see illustrated is that the guys wearing the star are northerners, sanctioned by Republican politicians in the post-war years by Grant or Hayes or Garfield, all Union generals serving as President; while the outlaws are originally from border states or southerners, and Democrats, who left behind a destroyed land and culture, represent the majority of the settlers. In the movies, the cliché was that the good guys wore white hats and the bad guys black ones. In reality, the lawmen were urban, wore ties, were clean-shaven, and represented society and a brand of frontier justice in the vacuum of the real thing.

Doc Holliday was from Georgia but graduated from Penn Dental School and his first dental practice was in St Louis. He moved west because his dental practice, at first successful, couldn’t survive his active tuberculosis, which was his eventual cause of death. He gambled because it was the only way an intelligent man with a persistent cough could earn a living, and his manual dexterity manifested in his gun handling.

The Clantons were from Missouri, the McLaurys from Iowa, but had become Texas and later Arizona cattle ranchers. The tension between North and South was not lost on anyone even a dozen years after Appomattox. While Hollywood has suggested that “cowboy” refers to the (white) settlers of the West it was a pejorative term suggesting cattle rustling, stagecoach robbery, and other crimes. The Clanton’s were indeed cowboys in this sense. Cowboys were poor, rural, isolated, worked with cattle and horses, worked hard, and did anything necessary to survive.

Tombstone is located in southern Arizona and was acquired as part of the Gadsden Purchase. That land was purchased from Mexico specifically to build a southern transcontinental railroad. Tombstone had its origins in the lead-up to the Civil War, and you just cannot understand the Gunfight or the Vendetta Ride without recognizing this. Tombstone was another boomtown due to silver mining. These kinds of places were infamous for loose law enforcement, perfect for the Earps. Earp’s second wife was also a prostitute. In Tombstone, his girlfriend was Josephine Marcus, a prostitute and gambler, from Brooklyn NY whose actual name was Sadie, called Sarah. She had been Sheriff Behan’s girlfriend before Earp came to town, and he was a friend with the Cowboys.

This is the foundation of the true story: Tombstone, AZ was perfectly happy with a bunch of cowboys – cattle thieves – in charge of town with their own elected sheriff in charge. Then these northerners came down uninvited, ran for office, tried to “reform” the town, stole the sheriff’s girlfriend, and carried badges from a Republican governor. They are not exactly noble: they are rough-and-tumble lawmen from Kansas and an infamous gambler, with reputations as gunfighters.

Those killed at the OK Corral famously are buried on Boot Hill. Where Wyatt Earp is buried is highly illustrative of the real America: Wyatt Earp is buried in a Jewish cemetery in Los Angeles. Despite her gambling addiction, Earp and Josephine, who was Jewish, remained together for many years after the shootout. Earp lived in LA as a movie consultant for Hollywood as one of many real-life roles including working for a time for Theodore Roosevelt. This is the real America, the melting pot, and the part that is left out because it is not the Western narrative Hollywood thrives on.

The Native American Perspective

The Civil War profoundly impacted the Native American tribes and led to what followed for the next 30 years. One-third of all Cherokees and Seminoles in Indian Territory died from violence, starvation, and war-related illness. Elite tribal members’ enslavement of African Americans motivated Southern allegiance. It turns out that the Native Americans fought for all the same reasons, influenced by the same economics and politics, as the white man.

It is estimated that over 20,000 Native Americans actively participated in the Civil War, fighting on both sides of the conflict. Approximately 3,500 Native Americans served in the Union Army. While exact numbers don’t exist for the CSA, it is believed to be much higher. It is crucial to recognize that some of the territories that were at the center of the slavery debate in 1850 eventually became the Indian territories in the 1870s. This historical context sheds light on the complex dynamics at play during this period.

Native Americans held complex aspirations during the war, perhaps naively hoping that aligning themselves with the white man would grant them a voice and consideration for their views. A close examination of the geographical distribution reveals that certain Indian territories, such as Oklahoma, Texas, New Mexico, and Arizona, lay below the Missouri Compromise line, indicating the presence of Native American slave owners. Ultimately, what the tribes truly desired was tribal sovereignty, but their concerns were overshadowed by the larger, more devastating destruction of indigenous ways of life. Oklahoma was the primary site of Indian Territory in 1861, housing at least nine tribes, with the Cherokees being the largest among them. The tribes faced internal divisions and conflicting opinions on the best course of action, both within and between their respective communities. Once again, it is important to emphasize that some of the territories of 1850 where slavery was a political issue would become the Indian territories of the 1870s.

The indigenous peoples of America held complex desires during the war and may have been somewhat naive in their belief that aligning with the white settlers would grant them a platform to voice their concerns. Their primary aspiration, however, was to attain tribal sovereignty. But the war wasn’t about their issues and was just an interlude to the bigger, more chilling destruction of aboriginal ways of life.

Tribes located in Oklahoma, Texas, New Mexico, and Arizona were situated below the Missouri Compromise line, while Wyoming and the Dakotas were located above. This indicates that certain Native American tribes did own slaves while others did not. Oklahoma today was the main location of Indian Territory in 1861, and at least 9 tribes were located there, although the Cherokees were the largest of them. Within these tribes, there were divisions in terms of loyalty and differing opinions on the best course of action to take. These divisions were not only present between tribes but also within individual tribes themselves.

Stand Watie served as Brigadier General in the Confederate States of America (CSA) during a tumultuous period in the history of the Cherokee Nation. Before his leadership, John Ross, who had guided the nation through the tragic Trail of Tears, advocated for neutrality and unity as the secessionist movement gained momentum in and around Indian Territory. Ross, supported by a significant majority, aimed to maintain the nation's sovereignty while also advocating for the abolition of slavery. However, Watie represented a wealthy minority within the Cherokee Nation who owned slaves. He was the most prominent figure of the Treaty Party, a group that defied the majority's wishes and illegally signed a treaty that resulted in the forced removal of Cherokees from their ancestral lands.

In a move that bypassed Ross, Watie formed a Cherokee cavalry by recruiting members from within the nation. Consequently, the Cherokee Nation found itself embroiled in its own civil war. When the CSA eventually surrendered, Watie lost his rank, and Ross resumed his position as chief. Watie actively participated in significant battles such as Wilsons Creek, Pea Ridge, and Cabin Creek. Notably, he became the last Confederate general to surrender. However, the Cherokee Nation suffered immense devastation both internally and externally. The absence of support from the Union army made it clear that their loyalty would not be rewarded. This summary only scratches the surface of a complex narrative filled with ruthless decision-making, self-centered actions, and violence.

Ely Parker, a Seneca (Iroquois) and a colonel on Grant's staff played a significant role in the Civil War. Unlike Stand Watie, Parker strongly opposed slavery. Before the war, he had served as a civil engineer and diplomat for the Seneca, even contributing to the construction of the Erie Canal. As the war drew to a close, Parker was entrusted with the task of drafting the final terms of surrender for the Confederacy. At the time of surrender, General Lee "stared at me for a moment," said Parker. "He extended his hand and said, 'I am glad to see one real American here.' I shook his hand and said, 'We are all Americans.' After the war, he served in many government capacities including as Commissioner of Indian Affairs.

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References

https://en.wikisource.org/wiki/Arizona_Territory_Ordinance_of_Secession

https://listverse.com/2016/04/04/10-african-american-cowboys-who-shaped-the-old-west/

https://historycollection.com/the-little-known-history-of-american-indians-during-the-civil-war/

https://www.history.com/news/civil-war-native-american-indian-territory-cherokee-home-guard

https://americanindian.si.edu/static/why-we-serve/topics/civil-war/