Fence Cutting Wars

Last updated

The Fence Cutting Wars occurred near the end of the 19th century in the American Old West, and were a series of disputes between farmers and cattlemen with larger land holdings. As newcomers came to the American West to farm, established cattlemen began to fence off their larger tracts of land with barbed wire in order to protect them from the farmers' claims. The settlers viewed this as a closing of the open range, and began to cut fences to attempt to reclaim lands in the public domain. The ensuing, widespread series of conflicts was known as the Fence Cutting Wars.

Contents

Background

Under the Homestead Act of 1862, the United States government offered 160 acres (65 ha) of lands in the west to those willing to reside on and improve their land. Farmers who were seeking cheap, plentiful land on which to raise herds of cattle flocked west. Some of these men accumulated more cattle than others, and companies or syndicates began to invest in the big cattle operations. Those with larger holdings of cattle were known as "cattle kings," "cattlemen," or "cattle barons." [1]

Advent of barbed wire

Barbed wire, which was patented in 1874, was revolutionary in allowing farmers to protect their claims, crops, and livestock, particularly as the land started to fill up and competition for rights to and use of the land intensified. [2] Barbed wire was a farmer's product at first, but cattlemen eventually adopted it to fence off their larger tracts of land. [3] Barbed wire became an important factor in changing the cattle industry, as the free, open range became parceled off by barbed wire. Because of this development, the West saw the rise of big-pasture companies. [4]

Causes of conflict

By the 1880s, newcomers' livestock were beginning to overcrowd the herds of the larger cattlemen. The cattle kings began to fence off their lands to protect access to the rangelands and water, which infuriated many homesteaders. [5] There were many cases when large ranch owners not only fenced the property over which they claimed ownership, but also property considered public land. Some homesteaders retaliated by cutting the barbed wire of the fenced areas to give their livestock access to these lands, prompting the fence-cutting wars. Fence cutters were usually small-scale stockmen or farmers who used the free range and resented its appropriation, but also resented the fact that their stock could get tangled in the fences, injuring or killing the animals. [6]

Scope

The resulting Fence Cutting Wars were not confined to a particular area in the West, although some areas saw more intense clashes than others. According to historian Walter Prescott Webb, "Fence-cutter wars broke out in Texas, Wyoming, New Mexico – wherever men began to fence." [7] Struggles had erupted in Texas as early as 1881, but spread to Colorado, Wyoming, and Montana in the later 1880s. [8] For example, in Wyoming in 1883, a court ordered a big cattle company to stop fencing public lands and to remove the fences it had built around certain sections. [9] Yet, by 1885, barbed wire had basically overrun the eastern parts of the Wyoming Territory, which meant that legal efforts to stop the fencing of the West were a losing battle. [10] In other parts of the country, however, the Fence Cutting Wars raged on until the late 1880s and early 1890s.

Texas

In Texas, the Fence Cutting Wars were especially fierce. In 1883, a drought early in the year caused non-land owning cattlemen to become desperate, since fenced properties made it difficult to find the water and grass necessary to support their herds. [11] The conflict was worse in Texas because the state entered the union in possession of its own lands, so people felt that their right to public access was assured – the land was for everyone to share.

Fence cutting soon erupted as a result of the cattlemen with vast lands using barbed wire to fence their land, cutting off roads and access to public lands. The cuttings were well organized, with armed guards posted to protect the men while they worked. [12] In 1883, fence cutting was reported in more than half the counties in Texas. [13] To stop the fence-cutters, the state and local authorities tried many different methods. Counties offering rewards, shootouts between landowners and fence cutters, and legal trials were all different ways in which people tried to stop the fence cutters, but the conflict persisted. [14] The fence cutters had substantial local support, and on occasion, found powerful outside allies. For instance, the New York and Texas Land Company was making profits by selling their land to homesteaders, and hence supported fence-cutting campaigns against the cattlemen. [15] Local newspapers lined up either for or against the fence cutters.

During 1883, groups of cowboys calling themselves names such as the Owls, Javelinas, or Blue Devils, were cutting fences. By the middle of that year, ranchers were employing armed bands to battle the anti-fence cowboys, and the Texas Rangers were dispatched to the area. [16] By the fall of 1883, more than 20 million dollars in damage had been caused by the fence cutters across the state. [17] In January 1884, Governor John Ireland called for a special assembly of the state legislature, which passed a bill mandating prison sentences for those caught fence cutting. [18] Property owners were ordered to remove fences placed across property they did not own, provide gates every three miles, and keep the gates in good repair. By the mid 1880s, large-scale fence cutting in Texas had essentially ended.

New Mexico

Another notable case occurred in San Miguel County, New Mexico. In the American Southwest, there were tensions between two ethnic groups, the mexicanos and Anglos, and particularly between the former and the large Anglo land companies and cattlemen taking control of public lands in the 1880s. [19] The fence cutting movement that broke out was primarily led by smaller-scale Mexicano farmers.

The conflict was sparked when Philip Millhiser purchased land from owners who possessed it under the earlier Las Vegas Land Grant. The plaintiff claimed he not only had ownership of the fields he had bought, but also to the common land of the grant. The defendants argued that it would take community assent to grant the common land to one particular owner. [20] In the two years following 1887, during which the court case Millhiser v. Padilla was under consideration to determine the outcome of Millhiser's suit, Anglo owners continued to build new fences to enclose large portions of grant land in amounts that ranged from 1,000 to more than 10,000 acres (40 km2). In effect, the precedent of taking common lands had already been set even before the court made a ruling. [21] These conflicts turned violent, with fence-cuttings, shootings, and the burning of a farm.

In response, 21 fence cutters were indicted on 26 counts on May 3, 1889. The district attorney, the probate judge, and the assessor were opposed to the fence cutters and argued for the strongest measures possible to stop them. [22] The presiding Judge Long was also a successful businessman who wanted to encourage economic growth in the region, and encouraged the jury to bring a stern verdict. However, vigilantes surrounded the courthouse and the jail to show their support for the indicted men, and the jury soon delivered a verdict of not guilty for one man, whereupon the charges for the other 20 were then dismissed. [23] The Las Vegas Daily Optic, which was the leading newspaper in the county (and Republican-leaning), warned that the surge in fence cutting "show[ed] with what jealousy the people watch the fencing of large tracts of lands, which they, with some color of reason, regard as public." [24] The outbreak of fence cutting, which resulted when the legal system did not adequately address the fencing off of public lands, continued in other areas of the country as well. Farmers who filed land-use petitions grew increasingly desperate when local authorities did not respond quickly or effectively to their claims, and then resorted to more violent tactics. But in the end, these techniques were not effective in stopping the fencing of public lands, such as when organized violence died down and was replaced by political gridlock in New Mexico. [25]

Aftermath

The implications of the Fence Cutting Wars were numerous. They represented the last attempts toward keeping the open range alive. After the Fence Cutting Wars, Western settlement continued to grow denser and barbed wire crossed more and more of the formerly open range. Illegal fence building would become more common than fence cutting, as barbed wire continued to make its way across the region. [26] As scholar Susanne Bentley puts it, barbed wire "closed off land, closed people in, and enabled some people to acquire land illegally." [27]

The damages caused by fence-cutting was estimated to be $20 million by the fall of 1883. At least three people, as well as a Texas Ranger named Ben Warren, had died in the conflict. [28] [29] The spokesmen for the rich ranchers, who were abusing barbed wire to fence huge spaces for themselves, held a meeting with the fence-cutters. They settled the conflict by agreeing to remove fences from across public roads and land not owned or leased by the former, and to allow the fence-cutters passage through the gates, in return for an end to the wire-cutting. However, the effects it caused in Western economy was so problematic that it prompted Governor John Ireland to conduct a special session of the legislature to meet on January 8, 1884. [29] The legislature made fence-cutting and pasture-burning felonies punishable by up to five years in prison. They also made fencing of public land a misdemeanor and required the removal of any such fences within six months. The conflicts of the Fence Cutting Wars, however, showed the resistance to this way of life, an unease that would be reflected in ensuing range wars throughout the late 19th century West.

See also

Related Research Articles

<span class="mw-page-title-main">Fence</span> Freestanding structure preventing movement across a boundary

A fence is a structure that encloses an area, typically outdoors, and is usually constructed from posts that are connected by boards, wire, rails or netting. A fence differs from a wall in not having a solid foundation along its whole length.

<span class="mw-page-title-main">Barbed wire</span> Type of steel fencing wire constructed with sharp edges or points

Barbed wire, also known as barb wire, is a type of steel fencing wire constructed with sharp edges or points arranged at intervals along the strands. Its primary use is the construction of inexpensive fences, and it is also used as a security measure atop walls surrounding property. As a wire obstacle, it is a major feature of the fortifications in trench warfare.

<span class="mw-page-title-main">Razor wire</span> Mesh of metal strips with sharp edges to prevent trespassing

Barbed tape or razor wire is a mesh of metal strips with sharp edges whose purpose is to prevent trespassing by humans. The term "razor wire", through long usage, has generally been used to describe barbed tape products. Razor wire is much sharper than the standard barbed wire; it is named after its appearance but is not razor sharp. The points are very sharp and made to rip and snag clothing and flesh.

<span class="mw-page-title-main">Sterling County, Texas</span> County in Texas, United States

Sterling County is a county located on the Edwards Plateau in the U.S. state of Texas. As of the 2020 census, its population was 1,372, making it the ninth-least populous county in Texas. Its county seat is Sterling City. The county is named for W. S. Sterling, an early settler in the area. Sterling County was one of 30 prohibition, or entirely dry, counties in the state of Texas, but is now a moist county.

<span class="mw-page-title-main">Cowboy</span> Traditional ranch worker in North America

A cowboy is an animal herder who tends cattle on ranches in North America, traditionally on horseback, and often performs a multitude of other ranch-related tasks. The historic American cowboy of the late 19th century arose from the vaquero traditions of northern Mexico and became a figure of special significance and legend. A subtype, called a wrangler, specifically tends the horses used to work cattle. In addition to ranch work, some cowboys work for or participate in rodeos. Cowgirls, first defined as such in the late 19th century, had a less-well documented historical role, but in the modern world work at identical tasks and have obtained considerable respect for their achievements. Cattle handlers in many other parts of the world, particularly South America and stockmen and jackaroos in Australia, perform work similar to the cowboy.

<span class="mw-page-title-main">Agricultural fencing</span> Used to keep animals in or out of an area

In agriculture, fences are used to keep animals in or out of an area. They can be made from a wide variety of materials, depending on terrain, location and animals to be confined. Most agricultural fencing averages about 4 feet (1.2 m) high, and in some places, the height and construction of fences designed to hold livestock is mandated by law.

<span class="mw-page-title-main">XIT Ranch</span> Former cattle ranch in Texas, US

The XIT Ranch was a cattle ranch in the Texas Panhandle which operated from 1885 to 1912. Comprising over 3,000,000 acres (12,000 km²) of land, it ran for 200 miles (300 km) along the border with New Mexico, varying in width from 20 to 30 miles. The massive ranch stretched through ten counties in Texas and at its peak regularly handled 150,000 head of cattle. "XIT" Stands for "Ten In Texas" using the roman Numeral "X".

<span class="mw-page-title-main">Cherokee Outlet</span> Section of the Indian Territory (now the U.S. state of Oklahoma) reserved for the Cherokee nation

The Cherokee Outlet, or Cherokee Strip, was located in what is now the state of Oklahoma in the United States. It was a 60-mile-wide (97 km) parcel of land south of the Oklahoma-Kansas border between 96 and 100°W. The Cherokee Outlet was created in 1836. The United States forced the Cherokee Nation of Indians to cede to the United States all lands east of the Mississippi River in exchange for a reservation and an "outlet" in Indian Territory. At the time of its creation, the Cherokee Outlet was about 225 miles (360 km) long. The cities of Enid, Woodward, Ponca City, and Perry were later founded within the boundaries of what had been the Cherokee Outlet.

<span class="mw-page-title-main">John Ireland (politician)</span> Governor of Texas from 1883 to 1887

John Ireland was the 18th Governor of Texas from 1883 to 1887. During Ireland's term, the University of Texas was established, and construction on the Texas State Capitol began. Ireland is credited with the selection of local pink granite as the construction material.

<span class="mw-page-title-main">Electric fence</span> Shock barrier to contain animals or people

An electric fence is a barrier that uses electric shocks to deter people and/or other animals from crossing a boundary. The voltage of the shock may have effects ranging from discomfort to death. Most electric fences are used for agricultural fencing and other forms of non-human animal control, although they are also used to protect high-security areas such as military installations or prisons, where potentially-lethal voltages may be used. Virtual electric fences for livestock using GPS technology have also been developed.

<span class="mw-page-title-main">Drift fence</span>

A drift fence is any long, continuous fence used to control the movement of animals in a particular open range, or to collect animals for research.

The Oklahoma City Blue Devils was the premier American Southwest territory jazz band in the 1920s. Originally called Billy King's Road Show, it disbanded in Oklahoma City in 1925 where Walter Page renamed it. The name Blue Devils came from the name of a gang of fence cutters operating during the early days of the American West.

<span class="mw-page-title-main">Range war</span> Conflict over control of range land used for grazing

A range war, also known as range conflict or cattle war, is a type of usually violent conflict, most commonly in the 19th and early 20th centuries in the American West. The subject of these conflicts was control of "open range", or range land freely used for cattle grazing, which gave the conflict its name. Typically they were disputes over water rights or grazing rights and cattle ownership.

<span class="mw-page-title-main">Cattle drives in the United States</span> Movement of cattle by herding over land

Cattle drives were a major economic activity in the 19th and early 20th century American West, particularly between 1850s and 1910s. In this period, 27 million cattle were driven from Texas to railheads in Kansas, for shipment to stockyards in Louisiana and points east. The long distances covered, the need for periodic rests by riders and animals, and the establishment of railheads led to the development of "cow towns" across the frontier.

<span class="mw-page-title-main">Spade Ranch (Nebraska)</span> United States historic place

The Spade Ranch is a large cattle ranch located in the Sandhills of western Nebraska between the towns of Gordon and Ellsworth. Founded in 1888 by Bartlett Richards, the ranch was placed on the National Register of Historic Places in 1980.

<span class="mw-page-title-main">Bartlett Richards</span>

Bartlett Richards was a Cattle Baron and Banker who owned or fenced in vast acreage in Wyoming and Nebraska.

Ira Aten was a Texas Ranger who was inducted into the Texas Rangers Hall of Fame.

<span class="mw-page-title-main">Ranch</span> Large area of land for raising livestock

A ranch is an area of land, including various structures, given primarily to ranching, the practice of raising grazing livestock such as cattle and sheep. It is a subtype of farm. These terms are most often applied to livestock-raising operations in Mexico, the Western United States and Western Canada, though there are ranches in other areas. People who own or operate a ranch are called ranchers, cattlemen, or stockgrowers. Ranching is also a method used to raise less common livestock such as horses, elk, American bison, ostrich, emu, and alpaca.

<span class="mw-page-title-main">Sheep wars</span> Grazing rights conflicts in the Western United States

The sheep wars, or the sheep and cattle wars, were a series of armed conflicts in the Western United States fought between sheepmen and cattlemen over grazing rights. Sheep wars occurred in many western states, though they were most common in Texas, Arizona, and the border region of Wyoming and Colorado. Generally, the cattlemen saw the sheepherders as invaders who destroyed the public grazing lands, which they had to share on a first-come, first-served basis. Between 1870 and 1920, approximately 120 engagements occurred in eight states or territories. At least 54 men were killed and some 50,000 to over 100,000 sheep were slaughtered.

<span class="mw-page-title-main">Open range</span> Rangeland where cattle roam freely regardless of land ownership

In the Western United States and Canada, open range is rangeland where cattle roam freely regardless of land ownership. Where there are "open range" laws, those wanting to keep animals off their property must erect a fence to keep animals out; this applies to public roads as well. Land in open range that is designated as part of a "herd district" reverses liabilities, requiring an animal's owner to fence it in or otherwise keep it on the person's own property. Most eastern states and jurisdictions in Canada require owners to fence in or herd their livestock.

References

  1. Johnson 2014, pp. 11–12.
  2. Graybill 2005, p. 255.
  3. Webb 1959, p. 311.
  4. Webb 1959, p. 312.
  5. Johnson 2014, p. 12.
  6. Webb 1959, p. 315.
  7. Webb 1959, p. 317.
  8. Liu 2009, pp. 56–57.
  9. "Range Wars and Feuds". The Spell of the West.
  10. Liu 2009, p. 86.
  11. Gard 1947–1948, p. 1.
  12. Gard 1947–1948, p. 5.
  13. Bentley 1998, p. 33.
  14. Gard 1947–1948, p. 7.
  15. Johnson 2014, p. 18.
  16. Gard 1947–1948, p. 8.
  17. Gard 1947–1948, p. 10.
  18. Graybill 2005, p. 260.
  19. Rosenbaum 1981, p. 82.
  20. Rosenbaum 1981, pp. 101–102.
  21. Rosenbaum 1981, p. 103.
  22. Rosenbaum 1981, p. 104.
  23. Rosenbaum 1981, p. 105.
  24. Rosenbaum 1981, p. 106.
  25. Rosenbaum 1981, p. 130.
  26. Liu 2009, p. 61.
  27. Bentley 1998, p. 35.
  28. Adams, Kathleen Rice (12 September 2016). "The Devil's Rope Comes to Texas". Petticoats and Pistols. Retrieved January 21, 2018. September 12, 2016
  29. 1 2 "FENCE CUTTING". Texas Online. Retrieved January 21, 2018. June 12, 2010

Works cited