Outlaws and Lawmen in Indian Territory after 1866

The story of lawlessness in America is partly about the delayed arrival of law and order in areas of new settlement. The history of post-Civil War Indian Territory and early Oklahoma certainly fits this pattern. Following the war, neither the federal government with its few active army posts, nor the Indian nations with their undermanned units of law enforcement, could do much to effectively police Indian Territory. Government at the local level hardly existed. Organized criminals held free rein in many parts of I.T., which came to be known as Robbers Roost. The United States provided some relief beginning 1871, when it brought the territory under the federal jurisdiction of the Western District of Arkansas. In 1875, President Grant appointed Isaac C. Parker to the bench at Fort Smith. Over the next two decades, Parker, the so-called "hanging judge," heard nearly 9,000 cases and issued the death sentence to approximately 160 convicts, only about seventy of whom were executed.[1] The legend of the supposedly hard-nosed Judge Parker is well known. Yet the larger story involves the deadly business of bringing order to the territory. That the U.S. Marshals Museum is in Fort Smith, the place from which hundreds of lawmen were sent out, is no accident. In the years that followed 1875, approximately sixty-five deputy U.S. marshals lost their lives in Indian Territory.[2]

Notes

[1] W. David Baird and Danney Goble, Oklahoma: A History (Norman: University of Oklahoma Press, 2008), 126-27. See also John R. Lovett, "Lawmen and Outlaws in Indian Territory, 1866-1907," in Historical Atlas of Oklahoma, 4th ed., ed. by Charles Robert Goins and Danney Goble (Norman: University of Oklahoma Press, 2006), 134-35.

[2] Glenn Shirley, Law West of Fort Smith: A History of Frontier Justice in the Indian Territory, 1834-1896 (Lincoln: University of Nebraska Press, 1968), ix; H. D. "Dee" Cordry, Jr., "Deadly Business: The Early Years of the Crime Bureau," Chronicles of Oklahoma 63, no. 3 (Fall 1985): 250. See also Frank R. Prassel, "marshal, federal," in New Encyclopedia of the American West, ed. Howard R. Lamar (New Haven, CT: Yale University Press, 1998), 678-79.