ArizonaRealCountry.com 33 June 2017 was moving to enforce his warrants and arrest Wyatt, deputy U.S. Marshal or not, for the murder of Frank Stilwell in Tucson. On March 26, Wyatt, Doc and several posse members made their way to Silver City, New Mexico Territory, Boarded Train, and were spotted in Albuquerque a short time later, then in Pueblo, Colorado. A few day later, Doc was spotted in Denver and was arrested. Former deputy U.S. Marshal Bat Masterson, at the time a Colorado town marshal in Trinidad, secured Doc’s release. Learning the Earp party was in Colorado, Sheriff Paul of Pima Co. tried to extradite them, but failed and finally dropped his efforts to bring Wyatt and his posse to justice. Wyatt went from Colorado to California where he spent his later years. Clantons & Earp Fed On Authority’s Failures The Border terrorism by the so-called “cowboys” under old man Clanton’s leadership had triggered fears in the Territorial Government, in the federal government, and in Congress even before the Earps had left Prescott in1879. It had even caused international tensions between Mexico and the U.S. Yet little was done about the “cowboys” and their lucrative terrorism. The names Newman (Old Man) Clanton, his sons Phin, Ike and Billy, Thomas and Frank McLaury, “Curley Bill” Brocius, Johnny Ringo and many others wearing the “cowboys” Colors blazed their way into legend in Territorial history by rustling, stage coach robbing and murdering at will. Branding themselves “cowboys” these outlaws were an insult to the hardworking, honest drovers who actually worked as cowhands on the many ranches of Pima, and then after 1880 the spinoff of Pima Co., Cochise Co. The Citizens of Pima and later Cochise Co., were terrified of these suffering heavy losses from rustling, their cattle ending up south of the boarder of Mexico. The outlaws would steal Mexican cattle after selling the Arizona cattle in Mexico, and bring them back across the border. Lawmen from neither Mexico or Arizona could pursue the rustlers across the international border was, in effect, a protective barrier for the outlaws from being brought to justice. When Complaints went to Washington from Mexico and to Washington from ranchers and citizens on the U.S. side about the terrorism of the outlaw “cowboys” the buck was passed. The various departments informed President Arthur. He would then inform Territorial Governor Fremont, who in turn would complain that Sonora bandits were also raiding on the U.S. side of the border and do nothing. Fremont was rarely in the Territory where he could have acted. He spent most of his time as governor in Washington. Fremont did determine that the “cowboy” outlaws numbered about 100 in early 1879 ad were headed by a man named Robert Martin. Martin’s name was soon replaced with old man Clanton’s in reports on the outlaws. Other than this report, Fremont did little to curb the violence and lawlessness along the border. He was replaced with Governor Fredrick A. Tritle in1882. The new governor immediately went to Tombstone to investigate breakdown of law and order in that area of the Territory. Tritle reported to President Arthur that the ordinary citizens of the area were so intimidated by the outlaws and had so little faith in local lawmen or politicians to protect them that only a few had enough courage left even to express outrange over the control outlaws had of the border areas. Tritle asked for authority to form a militia and to summarily remove from office any county official he found to be corrupt, inefficient or inept. Territorial law prevented the governor from such actions against county officials. At about the same time, General Sherman visited the southern border counties. He expressed surprise at the general lawlessness, and noted that civil officers did not have sufficient forces to make arrests, hold prisoners for trial or to punish them if they were convicted. Sherman, like Fremont’s secretary and acting governor Gospers (who literally ran the Territory before Tritle’s Appointment). Suggested Congress abolish the recently passed Posse Comitatus law that forbade federal troops from being used against outlaws. President Arthur took these reports to heart and immediately asked Congress to repeat the Posse Comitatus law. Congress replied that it would not do so and pointed out to the President that he already had the authority to act in the case of insurrection. President Arthur, on May 3rd, 1882, issued a proclamation warning “evil disposed persons who had banded together to oppose and obstruct” execution of U.S. laws that he had the authority to use the military forces against them in such a situation. He commanded that the “insurgent” disperse and return to their homes peacefully. How he “insurgent” cowboys received the President’s warning and command was not noted, but it is noted that the lawlessness continued. Congress Ignores Marshal’s Need For Funds Marshal Dake Had been plagued by the refusal of the Attorney General and Congress to provide adequate funding for federal law enforcement since his appointment in 1878. Dake responded to orders from Attorney General to crush the border outlaws by replying that he needed money both for rewards and for deputies before he could more rapidly and forcefully against the “cowboys.” He pointed out that his deputies only made $5 a day by law and it was hard to find men who would put their lives on the line for so little money. Congress, Pressuring the Attorney General hard to crush the border outlaws, refused to provide additional funds to curb what the President had called an insurrection. Dake somehow managed to raise $3000 to place I deputy marshal Wyatt Earps account following the “cowboy” attacks on Morgan and Virgil. At the same time he personally went to Tombstone to formally deputize Wyatt. That action funded Wyatt’s federal posse to wage his vendetta against the “cowboys” and broke the back of the most organized group of outlaws, but Dake took a lot of heat for his action from Washington. He got no farther than Governor Title in getting the administration and congress to deal with the virtual anarchy that existed in Cochise and Pima counties in the early 1880’s. In the end, it was Marshal Dake’s apparent belief that if he was going be able to rid the southern border of rampaging outlaws, it was going to be necessary to have deputies like Wyatt Earp. Wyatt, as a professional gambler and gunman with less than a sterling reputation, was closer to the outlaws and knew them better than some highly esteemed and politically well connected citizen who was above the world in which the Earps and the Clanton’s lived. After killing of Frank Stilwell at the Tucson depot, an act which not only shocked Washington but brought unbearable heat on Marshal Dake, Dake resigned in 1882. When he left office, the “cowboys” had been crushed, regardless of how ruthless the method, and Dake, through the Earps had succeeded where Congress and the White House had feared to tread. Dake may well have been ahead of his time. Today it is common practice for both federal and local law enforcement officials to deal with and use lawless men to catch major lawbreakers. Looking back, it must have been obvious to Marshal Dake, as it was to the editor of The Miner in Prescott when he suggested in 1879 that Prescott was a better place now that Earp brothers were mostly interested in acquiring law enforcement positions as a means of protecting their gambling activities. Gallant efforts to defend citizens by upholding law and order did not appear to be the Earps top motive for taking law enforcement jobs. Yet in breaking the hold the “cowboys” had on the southern counties of the Territory, in Tombstone at least, things turned out that way. Wyatt in his vendetta did not use tactics that were any more severe than the Mexican government. Mexicans Get Ruthless Fed up with Washington’s refusal to act to curb the ”cowboys” lawless raids south of the border, Mexico got tough. Old Man Clanton was cut down by the Mexican army along with outlaw Jim Crane and two other Anglos that were ever identified. Ike Clanton reportedly assumed control of the ‘cowboys” after his father was killed. Only four months earlier, in June of 1881, Mexican citizens at Fronteras, Sonora, killed four Anglo bandits who were terrorizing them. It appeared that the only way to eliminate the “cowboys” was not by arrest and trial, but by the methods of Wyatt Earp and the Mexicans, gun them down where they could be found. The failure of both Washington and the Territory to act after several years of rampaging lawlessness by the “cowboys” set the stage not only for the legendary gunfight more the 100 years later, many myths have gown around the “shootout at the O.K. Corral” between the forces of “evil,” the Clantons. In fact, the shootout was not at the O.K. Corral but a block away. Even today, it still is a murky business trying to find the forces of “good,” and of “law and order” in the bloody exchange of gunfire that unusually cold October day in Tombstone in 1881. EDITOR’S NOTE: A quick visit to The Worm Bookstore on Whiskey Row in Prescott found these titles available on Tombstone and the sags of the Earps. “The Earp Papers. In A Brother’s Image,” “Virgil Earp, Western Peace officer,” “I Married Wyatt Earp” By Josephine Earp, “Illustrated Life & Times of Wyatt Earp,” “Wyatt Earp, Frontier Marshal,” “Doc Holliday,” and “Tombstone’s Early Years.” In Addition, there are at least two movies and as many videos out on the Earp saga. Originally published in The Traveler, February, 1995.