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diff --git a/old/67353-0.txt b/old/67353-0.txt deleted file mode 100644 index 13492c0..0000000 --- a/old/67353-0.txt +++ /dev/null @@ -1,10906 +0,0 @@ -The Project Gutenberg eBook of Lynch-law, by James Elbert Cutler - -This eBook is for the use of anyone anywhere in the United States and -most other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms -of the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you -will have to check the laws of the country where you are located before -using this eBook. - -Title: Lynch-law - an investigation into the history of lynching in the United - States - -Author: James Elbert Cutler - -Release Date: February 7, 2022 [eBook #67353] - -Language: English - -Produced by: Richard Tonsing and the Online Distributed Proofreading - Team at https://www.pgdp.net (This file was produced from - images generously made available by The Internet Archive) - -*** START OF THE PROJECT GUTENBERG EBOOK LYNCH-LAW *** - - - - - - LYNCH-LAW - AN INVESTIGATION INTO THE HISTORY OF LYNCHING IN THE UNITED STATES - - - BY - - JAMES ELBERT CUTLER, PH.D. - - _Instructor in Economics in Wellesley College; sometime Henry C. - Robinson Fellow and Instructor in Political Economy in Yale University_ - - ❦ - - LONGMANS, GREEN, AND CO. - 91 AND 93 FIFTH AVENUE, NEW YORK - LONDON AND BOMBAY - - 1905 - - - - - Copyright, 1905 - By LONGMANS, GREEN, AND CO. - _All rights reserved_ - - - _The Plimpton Press Norwood Mass._ - - - - - FOREWORD - - -Few people are able to read about lynch-executions, with atrocious forms -of torture and cruel death, such as have occurred from time to time -within ten years in this country, without a feeling of national shame. -It is necessary that facts should be known and that public opinion -should be corrected as to the ethics of that mode of dealing with crime. -Lynch-law is a very different thing where laws and civil institutions -are in full force and activity from what it is where they are wanting. -It is not admissible that a self-governing democracy should plead the -remissness of its own selected agents as an excuse for mob-violence. It -is a disgrace to our civilization that men can be put to death by -painful methods, which our laws have discarded as never suitable, and -without the proofs of guilt which our laws call for in any case -whatsoever. It would be a disgrace to us if amongst us men should burn a -rattlesnake or a mad dog. The badness of the victim is not an element in -the case at all. Torture and burning are forbidden, not because the -victim is not bad enough, but because we are too good. It is on account -of what we owe to ourselves that these methods are shameful to us, if we -descend to them. It is evident, however, that public opinion is not -educated up to this level. The reader of the present book will learn -very interesting facts about the causes alleged for lynching, and about -the public view of that crime. Many current errors will be corrected, -and many notions which are irrelevant, although they are popularly -believed to be germane and important, will be set aside. - - W. G. SUMNER. - -NEW HAVEN, CONN., February, 1905. - - - - - PREFACE - - -In making this investigation into the history of lynching in the United -States, my point of view has been that of a student of society and -social phenomena. The purpose of the investigation has not been -primarily to write the history of lynching, but to determine from the -history the causes for the prevalence of the practice, to determine what -the social conditions are under which lynch-law operates, and to test -the validity of the arguments which have been advanced in justification -of lynching. - -At the present time many positive opinions are held with reference to -lynching, and these are quite at variance one with another. Any one who -attempts to investigate a subject under such conditions cannot hope to -escape criticism; neither can he hope to have given the subject equal -consideration from every standpoint. The most that one can say is that -he has pursued the investigation with perfect honesty of purpose and -with openness of mind. To this study of the history of lynching I have -brought no theories to prove and no conscious prejudices to confirm. My -first endeavor has been to obtain all the facts possible; my final -endeavor has been to point out the conclusions clearly warranted by such -facts. - -The material for a study of this nature is found in a wide range of -sources and I gratefully record here my obligations to those who have -aided me in the task of collecting and sifting this material. For some -very valuable notes on the early history of lynch-law I am indebted to -Mr. Albert Matthews, of Boston, Massachusetts. Of his notes I have made -free use, indicating my obligation to him in each instance, either by -the use of the letter (M) or by special mention. Six of the chapters -have been read by him in the manuscript, and he has given me much -encouragement and kindly criticism during the preparation of these pages -for publication. - -For many valuable suggestions during the prosecution of this study I am -indebted to members of the Faculty of the Social Sciences of Yale -University, especially to Professors Sumner, Farnam, Bourne, and Keller. -The editors of the _Yale Review_ have very courteously permitted me to -use in Chapter VIII the material which was published in a condensed form -in the _Yale Review_ for August, 1904. To many others whom I cannot here -mention by name I desire to express my thanks and acknowledge my -indebtedness for information given in response to inquiries. - -The number of requests which have come to hand for copies of this study, -from persons living in various sections of the United States as well as -in Europe, and the attention that has been given the subject of -lynchings in newspapers and magazines, indicate a desire on the part of -the general public to learn the facts concerning lynchings. By many it -is believed that in no other respect to-day is American civilization so -open to reproach as in its toleration of the practice of lynching, and -there is an increasing demand that this summary method of administering -justice be suppressed and utterly abolished. That this book may -contribute in some measure to a better understanding of this most -serious and difficult problem is the hope with which it is placed in the -hands of the reader. - - J. E. C. - - - - - CONTENTS - - - CHAPTER I - PAGE - - _Introduction_ 1 - - - CHAPTER II - - _Origin of the Term Lynch-law_ 13 - - - CHAPTER III - - _Early Lynch-law_ 41 - - - CHAPTER IV - - _Lynch-law 1830–1860_ 90 - - - CHAPTER V - - _The Reconstruction Period_ 137 - - - CHAPTER VI - - _Lynchings_ 155 - - - CHAPTER VII - - _Lynch-law and its Justification_ 193 - - - CHAPTER VIII - - _Remedies_ 227 - - - CHAPTER IX - - _Some Conclusions_ 267 - - _List of Periodicals Cited_ 280 - - _Index_ 282 - - - - - CHARTS - - - FACING - PAGE - - I. Number lynched compared with number legally executed, - 1882–1903 162 - - II. Number lynched according to months in different sections - of the U. S., 1882–1903 163 - - III. Percentages lynched for various causes by months, - 1882–1903 170 - - IV. Number of Whites, Negroes and Others lynched according to - years, 1882–1903 171 - - V. Number of women (Whites and Negroes) lynched according to - years, 1882–1903 172 - - Proportion lynched for various causes, 1882–1903, Women - (Whites and Negroes). - - VI. Percentages lynched for various causes by years, - 1882–1903, Whites and Others 173 - - VII. Percentages lynched for various causes by years, - 1882–1903, Negroes 174 - - VIII. Proportion lynched for various causes, 1882–1903, Whites - and Others 175 - - IX. Proportion lynched for various causes, 1882–1903, Negroes 176 - - X. Proportion lynched for various causes in Southern States, - 1882–1903, Whites and Others 177 - - XI. Proportion lynched for various causes in Southern States, - 1882–1903, Negroes 178 - - XII. Proportion lynched for various causes in Western States, - 1882–1903 179 - - XIII. Proportion lynched for various causes in Eastern States, - 1882–1903 180 - - - - - LYNCH-LAW - - - - - CHAPTER I - INTRODUCTION - - -It has been said that our country’s national crime is lynching. We may -be reluctant to admit our peculiarity in this respect and it may seem -unpatriotic to do so, but the fact remains that lynching is a criminal -practice which is peculiar to the United States. The practice whereby -mobs capture individuals suspected of crime, or take them from the -officers of the law, and execute them without any process at law, or -break open jails and hang convicted criminals, with impunity, is to be -found in no other country of a high degree of civilization. Riots and -mob executions take place in other countries, but there is no such -frequent administration of what may be termed popular justice which can -properly be compared with lynch-law procedure in the United States. The -frequency and impunity of lynchings in the United States is justly -regarded as a serious and disquieting symptom of American society. - -In general, it may be said that the practice of summarily punishing -public offenders and suspected criminals is found in two distinct types -of society: first, the frontier type where society is in a formative -state and the civil regulations are not sufficiently established to -insure the punishment of offenders; and second, the type of society -which is found in older communities with well established civil -regulations, the people of which are ordinarily law-abiding and -conservative citizens. In this second type of society, recourse to -lynch-law procedure may be had either in times of popular excitement and -social disruption, or when there is a contrast in the population such as -is to be seen in the South between the whites and the negroes, or -against disreputable characters in the community for whose punishment -under the law no tangible evidence can be adduced, or against persons -guilty of committing some heinous offense which on account of its -atrocity and fiendishness is particularly shocking to the community. - -In other countries one or more of these conditions has at times existed, -and summary methods of punishment to which lynch-law procedure in the -United States bears a close resemblance have been followed. In the -course of the settlement and development of this country, however, all -of these conditions have existed almost side by side. From colonial -times down to the present day there has been a section of the country -where the frontier type of society was to be found. At the same time -there has been an older, better settled section of the country, forming -a different type of society, where, though the judiciary was well -established and the apprehension and punishment of public offenders was -well provided for in the law, circumstances have arisen of such a nature -that the regular and legal administration of justice was deemed -inadequate or defective, and was therefore disregarded. As will be made -clear in the following pages, lynch-law has been resorted to in the -United States in times of popular excitement and social disruption; it -has been inflicted upon negroes, Indians, Italians, Mexicans; it has -been inflicted upon disreputable characters; it has been inflicted upon -persons guilty of heinous offenses. - -The practice of lynching does not prevail in Canada[1]; nor is a similar -practice to be found in England, France, or Germany. The nearest -approach that can be found in Europe to the American practice of -lynching exists in the rural districts of little Russia where the -peasants sometimes adopt summary measures against horse-thieves. The -Russian law provides only a light punishment for horse-stealing, and, -since the peasant’s horse is almost his only property and is his chief -instrument of labor, summary methods seem necessary in order to check -the veritable plague of horse-stealing which breaks out every year as -soon as the dark nights of autumn begin. When a thief is caught, the -common way is for the men of the village to club him to death, each -trying to strike in such a way as to inflict no injury more serious than -a bruise. Another method is to tie the criminal by the feet to the tail -of a young and active colt which is then ridden at a gallop until little -is left of the horse-thief. There is also a mode of execution whereby -the thief is bound hand and foot to a bench or log, and the women of the -village thrust needles and pins into the soles of the victim’s feet and -other sensitive parts, until death ensues.[2] - -Aside from this instance which is found in the loosely organized society -of the peasants in the rural districts of Russia, nothing like lynch-law -can be said to prevail in Europe. Occasionally mobs put persons to death -who have committed some brutal and outrageous crime. A newspaper report -states that the burgomaster of Stujhely, Hungary, was lynched in -November, 1902, for having set fire to his home in which were his wife, -father, mother, and three sisters, all of whom were burned to death. The -burgomaster had become angry at the members of his family for some -trifling cause, and his method of revenge so enraged his neighbors that -they immediately “took summary measures and lynched him.”[3] A similar -report tells of the lynching of a Bohemian village schoolmaster who -suddenly became insane and began shooting his revolver right and left -among his pupils, killing three and dangerously wounding three -others.[4] People in the lower stages of civilization, such as the -Melanesians, Micronesians, and the inhabitants of the Guinea Coast of -Africa, often have secret societies which take control of important -functions, such as the initiation of young persons arriving at maturity, -or the exaction of penalties for the transgression of customs and -traditions. In most cases these societies form an essential part of the -state, holding quite the place of the chief. Occasionally they -degenerate and create a reign of terror by their extortions and -exactions. Secret tribunals for thieves and robbers, like the society of -the “Old Ox,” have existed in China.[5] Such instances, however, merely -illustrate the general truth that summary methods of punishing offenders -are sometimes resorted to in every country in times of great popular -excitement or when some peculiarly atrocious crime has been perpetrated. -They in no way invalidate the assertion that the practice of lynching is -peculiarly an American institution. - -Historically some parallels may be cited showing the execution of -summary justice under frontier conditions in other countries. In -Brande’s Dictionary of Science, Literature, and Art, published in 1842, -it was stated that “lynch law may be called a democratic imitation of -the old feudal _Vehmgerichte_.” Reference was there made to the -“irregular and revengeful species of justice administered by the -populace in some parts of the United States,” evidently meaning the -operation of lynch-law on the western frontier at that time. Lynch-law -in the United States has never been administered by an organization so -perfect and extensive as that of the Vehmic courts.[6] The feudal -conditions have been lacking which made that organization possible. It -is only in its _raison d’être_ that the frontier type of lynch-law may -be compared to the Vehmic courts. The early settlers in this country -felt themselves compelled to resort to summary proceedings as a means of -protection; the civil government was not sufficiently organized and -established to insure the punishment of violators of the public peace -and security. In the fourteenth and fifteenth centuries utter -lawlessness and disregard of authority was prevailing in Germany, and -for a time the Vehmic courts afforded some protection against the -outrages of the princes and nobles. With the increasing strength of the -regular governments, however, the need of special protection diminished -and these tribunals gradually disappeared. Like the Vehmic courts, with -the establishment of the judiciary and a more effective execution of the -laws by the officials, the administration of lynch-law in the western -half of the United States has declined. - -The tendency, it may be noted, for societies secretly organized for the -arbitrary punishment of offenders to pass into the control of the -persons against whom they were originally directed, is to be seen not -only in the history of the Vehmic courts but also in the history of the -Ku-Klux Klan and numerous vigilance societies in the United States. The -proceedings of such societies necessarily awaken distrust and fear among -the more quiet in the community, while the rogues, whose characters are -not yet known, hasten to obtain admittance, both as a shield against -enemies and a cloak to cover their own misdeeds. Soon their vindictive -actions and their rascalities excite the indignation of the community; a -counterparty of “moderators” must be formed to check the “regulators”; -then begins a deadly struggle for supremacy. Such, in brief, is the -abuse of lynch-law on the frontier. The tyranny of the Vehmic courts -becomes the taking of private vengeance, the feud and the _vendetta_, -under lynch-law. - -The Vehmic courts, however, give no explanation for the presence of -lynch-law as an institution in American society. No connection can be -traced further than a few similarities in the methods adopted to put -down lawlessness at a time when the civil government proved weak and -inefficient. - -Some writers have stated that lynch-law was anciently known in England -by the name of Lydford law and Halifax law, and that the same thing was -known in Scotland as Cowper justice and Jeddart or Jedburg justice. -Lydford law is defined in a dictionary of the seventeenth century as “a -certain Law whereby they first hang a Man and afterwards indite him.”[7] -One of Grose’s Proverbs reads: - - “First hang and draw, - Then hear the cause by Lidford law.” - -Westcott, in his “History of Devonshire,” has preserved some droll -verses about the town of Lydford. The first twelve lines are as follows: - - “I oft have heard of Lydford law, - How in the morning they hange and draw, - And sit in judgement after; - At first I wondered at yt much, - But since I fynd the reasons such - As yt deserves no laughter. - - “They have a castle on a hill, - I tooke it for an old wyndmill, - The vanes blowen off by weather: - To lye therein one night, ’tis guest, - ’Twere better to be ston’d and prest, - Or hang’d; now chuse you whether.”[8] - -It has been asserted, therefore, that “Lydford law became a proverbial -expression for summary punishment without trial.”[9] This, however, is -going further than the facts will allow, and is wholly misleading when -thus used to show the connection between Lydford law and lynch-law. It -would seem to imply that Lydford law in England was once as well known, -as a name for summary punishment, as lynch-law has become in this -country. As a proverbial expression Lydford law never came into general -use; it was confined to one section of England and never became more -than a localism. - -In another part of England a certain summary procedure was known by the -name of Halifax law. In this case there was a trial followed by -immediate punishment. The trial was of a summary nature without adequate -opportunity of defense, and the punishment was irrevocable. The name, -Halifax law, originated from the so-called _gibbet law_ or custom in the -forest of Hardwick, coextensive with the parish of Halifax, under which -the frith burghers summarily tried any one charged with stealing goods -to the value of 13½ d., and could condemn him to be beheaded on the -market-day.[10] - -Cowper justice is defined by Jamieson to mean “trying a man after -execution; the same with Jeddart, or Jedburgh justice,” and the latter -he defines as “a legal trial after the infliction of punishment.” -Jeddart justice refers to Jedburgh, a Scotch border town, where many of -the border raiders are said to have been hanged without the formality of -a trial. It is said that “in mockery of justice, assizes were held upon -them after that they had suffered.”[11] - -All of these expressions, however, were entirely provincial. They were -merely different names used to characterize the methods employed in -various parts of England and Scotland for executing popular justice. -These practices differ from the administration of lynch-law in not -dispensing with all regular proceedings. Further, as will appear later, -the death penalty was not at first inflicted under lynch-law; -originally, lynching was synonymous with whipping. It is impossible, -therefore, to trace lynch-law back to these mediæval practices and find -in them any explanation for the existence of the practice of lynching in -the United States. - -A general idea of the history of lynch-law in the United States is -obtained by noting the definitions of the term that have appeared from -time to time in the dictionaries. Brande’s Dictionary of Science, -Literature, and Art (1842)[12] contains the following: “Lynch Law. The -irregular and revengeful species of justice administered by the populace -in some parts of the United States is said to have been so called from a -Virginian farmer of the name of Lynch, who took the law into his hands -on some occasion, by chasing a thief, tying him to a tree, and flogging -him with his own hands.” A “University Edition” of Webster’s Dictionary -(1845) defines “Lynch-law” as “The practice of punishing men for crime -by private, unauthorized persons, without a legal trial”; and gives the -verb lynch meaning “to inflict punishment without the forms of law, as -by a mob.” Worcester’s Dictionary (1846) has “Lynch-law. An irregular -and revengeful species of justice, administered by the populace or a -mob, without any legal authority or trial. Brande.” For the verb lynch -the meaning is given, “To condemn and execute in obedience to the decree -of a multitude or mob, without a legal trial; sometimes practiced in the -new settlements in the southwest part of the United States. Qu. Rev.” In -Webster’s Dictionary (1848) “Lynch-law” is defined as “The practice of -punishing men for crimes or offenses by private, unauthorized persons, -without a legal trial. The term is said to be derived from a Virginia -farmer, named Lynch, who thus took the law into his own hands. (U. -S.)”[13] - -Some important changes are noticeable in the definitions attached to -lynch-law forty years later. The Progressive Dictionary of the English -Language, edited by Samuel Fallows and published at Chicago in 1885, -gives this definition for the verb lynch: “To punish without the forms -of law; specifically to hang by mob-law.” In a note it is stated that -more than one etymology is claimed for the word. John S. Farmer in his -“Americanisms,” published at London in 1889, says the origin of the term -lynch-law “is wrapped in mystery; many explanations have been put -forward; none, however, are conclusive.” In Webster’s Dictionary, -edition of 1893, the following definition is found: “Lynch: To inflict -punishment upon, especially death, without the forms of law, as when a -mob captures and hangs a suspected person.” Lynch-law is defined in a -general way as “The act or practice by private persons of inflicting -punishment for crimes or offenses, without due process of law,” but this -note is added: “The term _Lynch law_ is said to be derived from a -Virginian named Lynch, who took the law into his own hands. But the -origin of the term is very doubtful.”[14] - -There are two differences between the definitions formulated in the -forties and those formulated in the eighties and in recent years. In the -later definitions the operation of lynch-law is described as being much -more harsh and severe, and there is an expression of doubt as to the -origin of the term. In the earlier definitions death is not mentioned as -the ordinary penalty administered by lynch-law and the American origin -of the term is accepted without question. The doubt as to the origin -probably arose because of the number of stories which have appeared, all -claiming to account for its origin, and also because of the lack of any -careful investigation to determine the question authentically from -historical sources. The increased harshness expressed in the definitions -is, of course, due to the fact that the punishment inflicted under the -name of lynch-law has become more severe and inexorable. Lynching is now -practically synonymous with summary and illegal capital punishment at -the hands of a mob. In the following pages the history of this change -will be traced and the conditions noted which have led to the -continuance of the practice of lynching and given to it its increased -severity. - -In the above citations to various definitions that have been given for -lynch-law it was noted that more than one origin has been claimed for -the term. An investigation into the circumstances surrounding its origin -will throw considerable light on the early history of lynch-law -procedure in the United States, and this question will therefore be -taken up in some detail. - - - - - CHAPTER II - ORIGIN OF THE TERM LYNCH-LAW - - -Many and various explanations of the origin of the term Lynch’s law, or -lynch-law, have been offered. Some of these explanations are evidently -nothing more than the offspring of minds fertile in resources; others -have the support of tradition and are entitled to consideration. Not -infrequently confusion and apparent contradiction have resulted from the -failure to distinguish clearly between the practice itself and the name -by which it has been known. To follow back through history the -successive outbreaks of such practices is not to discover the origin of -“lynch-law,” the term which has now become so firmly established in the -English language. The origin is to be found at that time when these -practices first came to be known by the name Lynch’s law or lynch-law. - -According to one account, given more or less indorsement in the -encyclopedias, lynch-law owes its name to James Fitzstephen Lynch, mayor -and warden of Galway, Ireland. He was the famous “Warden of Galway” who -tried, condemned, and executed his own son in the year 1493. The story -is told with varying details. One tradition has it that the mayor sent -his son to Spain to purchase a cargo of wine. The young man squandered -the money intrusted to him, but succeeded in obtaining a cargo on credit -from a Spanish friend of his father. This gentleman’s nephew accompanied -him on the return voyage to Ireland where the money was to be paid. -Young Lynch, to conceal his misuse of the money, caused the Spaniard to -be thrown overboard and returned home in triumph with his cargo of wine. -But a sailor, on his death-bed, revealed to the mayor of Galway the -crime which his son had committed. The young man was tried before his -father, convicted and sentenced to be hanged. Another tradition states -that the son of the Spanish friend of his father was visiting him at his -home in Ireland. This son was fast supplanting him in the affections of -a Galway lady to whom he was engaged. One night, in a fit of jealous -passion, he stabbed the Spaniard to the heart and threw his body into -the sea. The crime was quickly discovered, and on being brought before -his father for trial he was condemned to die as a sacrifice to public -justice. Public sympathy, however, turned in favor of the young man, and -every effort was made to effect his pardon. The father “undauntedly -declared that the law should take its course.” On the way to the place -of execution a mob appeared, led by members of the mother’s family, -demanding mercy. The father, finding that he could not “accomplish the -ends of justice at the accustomed place and by the usual hands,” -conducted his son up a winding stairway to a window overlooking the -public street. “Here he secured the end of a rope, which had been -previously fixed around the neck of his son, to an iron staple which -projected from the wall, and, after taking from him a last embrace, he -launched him into eternity.” The people, “overawed by the magnanimous -act, retired slowly and peaceably to their several dwellings.” In the -council books of Galway there is said to be a minute that “James Lynch, -mayor of Galway, hanged his own son out of the window for defrauding and -killing strangers, without martial or common law, to show a good example -to posterity.” In commemoration of this “Roman act of justice,” a stone -sculptured with a skull and crossbones was erected in Lombard Street, -Galway, in 1524, and in 1854 was reerected on the wall of St. Nicholas -Churchyard.[15] - -This “Galway story” may be dismissed with but little consideration. -Howell Colton Featherston of the Lynchburg (Va.) Bar has clearly shown -that this act of the mayor of Galway was entirely without any definition -ever attached to lynch-law and that there was no reason for bestowing -upon it any name, and more particularly his name. Mayor Lynch was the -legally constituted authority presiding over the tribunal in which his -son had had, presumably, a fair and regular trial. He merely persisted -in executing the laws in the face of popular opposition and tumult. -Lynch-law has always been considered as operating wholly without, or in -opposition to, established laws of government.[16] - -Equally fanciful and fictitious but less romantic is the “pirate story” -of the origin of the name lynch-law. It is said that about 1687 one -Lynch was sent to this country from England under a commission to -suppress piracy. He is credited with having faithfully executed, without -the formality of a trial, every pirate that he captured. It is presumed -that owing to the difficulty of adhering to the usual forms of law in -the colonies, this Judge Lynch was empowered to proceed summarily -against pirates and thus gave rise to the term.[17] But whatever the -facts may be about the methods employed by this man Lynch to suppress -piracy,[18] there is no evidence to show that they were ever known as -Lynch’s law or had any connection whatever with lynch-law. - -On its etymological side the word lynch has been traced to an old -Anglo-Saxon verb _linch_, meaning to beat severely with a pliable -instrument, to chastise or to maltreat, which is said to have survived -in this cognate meaning in America, as have many other words and -expressions long obsolete in Great Britain.[19] For this derivation, -however, there seems to be no authority. There is no evidence that such -a verb “survived” in America; nor is there any evidence that such an -Anglo-Saxon verb ever existed.[20] According to Skeat the name Lynch is -from _hlinc_, an Anlgo-Saxon word meaning a ridge of land.[21] -Furthermore, as was noted in the preceding chapter, when the word lynch -first came into general use, it was stamped as of American origin.[22] -No English lexicographer recognized the terms lynch or lynch-law until -1848, and in 1849 Craig gave the verb “lynch” as meaning “to punish -summarily without judicial investigation, as by a mob.—An American -word.”[23] The fact that Wright’s English Dialect Dictionary (1902) does -not contain the word lynch, and the further fact that Murray’s Oxford -Dictionary (1903) states that the term was originally used in the United -States, may be regarded as conclusive evidence that the origin of -“lynch-law” is not to be sought in England. - -There is a tradition in the Drake family of South Carolina which -ascribes the origin of the term to the precipitate hanging, to prevent a -rescue, of a Tory named Major Beard, on Lynch Creek in Franklin County, -North Carolina. The following account of it is given by John H. Wheeler, -to whom it was communicated by Hon. B. F. Moore, who received it from -the Drake family: - - “The origin of lynch-law: During the revolution there was a noted - tory ... in that portion formerly called Bute County, now embraced - within the counties of Franklin and Nash, called Major Beard. Major - John H. Drake lived near Hilliardston; he and his family were decided - whigs. He had a daughter, beautiful and accomplished, by whose charms - Beard was captivated; and the tradition runs, that the handsome figure - and commanding air of Beard had its effect on the young lady, - notwithstanding the difference in politics between him and her father. - On one occasion, Beard encamped for the night near a mill on Swift - Creek. This became known to Major Drake and other whigs, and they - organized a force ... and captured him.... After some consultation it - was resolved to take him as a prisoner to headquarters of Colonel - Seawell, commanding in camp at a ford on Lynch Creek, in Franklin - County, about twenty miles off. He was tied on his horse and carried - under guard. After reaching camp, it was determined to organize a - court-martial, and try him for his life. But before proceeding to - trial, a report came that a strong body of tories were in pursuit to - rescue him; this created a panic, for they knew his popularity and - power, so they hung him. The reported pursuit proved a false alarm, - and it being suggested that as the sentence had been inflicted before - the judgment of the court had been pronounced, therefore it was - illegal. The body was then taken down, the court reorganized, he was - tried, condemned and re-hung by the neck until he was dead. - - “The tree on which he was hung stood not far from Rocky Ford, on - Lynch’s Creek; and it became a saying in Franklin, when a person - committed any offence of magnitude, that ‘he ought to be taken to - Lynch Creek’; and so the word ‘Lynch law’ became a fixture in the - English language.”[24] - -In passing, the resemblance of this affair to Lydford law rather than -lynch-law is to be noted, and also the fact that Wheeler, in his -“History of North Carolina,” published thirty-three years earlier, gives -an account of the hanging of “Captain Beard about 1778,” but says -nothing about its being in any way connected with the origin of the term -lynch-law. Indeed, according to this earlier account there was nothing -irregular in the proceeding; he was hung in accordance with the ordinary -rules of war. Beard and one of his band, named Porch, who had been -captured with him, “were tried by a court-martial and both were -forthwith hung. Such was the end of Captain Beard.”[25] The two accounts -vary somewhat, but there is no room for doubt as to their having -reference to the same occurrence. In short, the “tradition” in the Drake -family must have arisen between 1851 and 1884. There is no evidence, -further than this statement found in Wheeler’s book, that “Lynch law” -became a fixture in the English language because of a saying common in -Franklin County, North Carolina, that any one who committed a grave -offense “ought to be taken to Lynch Creek.” - -Some evidence has recently been brought forward indicating that -lynch-law may have derived its name from Lynch’s Creek, South -Carolina.[26] Some extracts from Boston newspapers in the year 1768, -dated Charlestown, South Carolina, show the existence of “Regulators” at -that time, and mention is made of a meeting that they were to have on -Lynch’s Creek “where it was expected 1,200 would be assembled.” It is -also evident that one of their methods of inflicting punishment was by -whipping. One extract states that “the people called regulators have -lately severely chastised one Lum, who is come to town; but we have not -yet learnt the real cause of this severity to him.” The assertion has -been made, therefore, that lynch-law derived its name from Lynch’s -Creek, South Carolina, because at that place the practice of lynching -began. - -The practice which came to be known as “regulating” had its beginning -earlier than 1768, however, and this beginning was not in the -neighborhood of Lynch’s Creek. As early as 1766 it had begun in North -Carolina and had extended from Granville County into Orange and Anson -counties. Up to April, 1768, those who had taken part in these -proceedings in North Carolina were designated by the appellation of the -“Mob,” and seem to have adopted it themselves. But on April 4, 1768, at -a general meeting, they dropped this name and formally adopted the name -of “Regulators.”[27] When this practice of “regulating” was started in -South Carolina it was instituted by Thomas Woodward, Joseph Kirkland, -and Barnaby Pope,[28] who lived in the region between the Catawba and -the Saluda Rivers, and not on the Pedee or Lynch’s Creek. Thus, a -name—that of “Regulation,” not “Lynch Law,”—had been given this practice -before it reached the Pedee section of the Province. If the conduct of -the Regulators in South Carolina was to give the name to the practice of -illegal punishment, it would have been called, not “Lynch Law,” but -“Broad River Justice” or “Savannah Law.”[29] - -No evidence has yet been found which shows any connection between “Lynch -Law” and “Regulation” at this time.[30] Alexander Gregg, writing of the -Regulator movement in the Carolinas, makes the statement: “They called -themselves ‘Regulators’; and thus ‘Lynch law’ had its origin at this -period.”[31] Dr. R. W. Gibbes had written eight years earlier than -Gregg: “The Regulation, an association of respectable planters, took the -matter in hand, and enforced order by a system of Lynch law.”[32] -Neither of these writers, however, implies that the Regulation in South -Carolina had anything to do with the origin of the term lynch-law. -Joseph Johnson, in a book published in 1851, gave a brief account of the -Regulators and Schofilites. He says, “the most respectable inhabitants -united to inflict summary justice on the depredators and called -themselves Regulators.”[33] In this connection he does not refer to -lynch-law at all. In another connection he writes: “This process, in -what is now called ‘lynch law,’ was then designated ‘regulating,’ and -the associates for this purpose were called ‘Regulators.’”[34] No -reference to lynch-law is to be found in Ramsay’s History of the -Revolution in South Carolina which was published in 1785. Both of the -accounts given by Wheeler of the occurrence at Lynch Creek, North -Carolina, referred to above, imply that the term lynch-law was not in -use any time previous to the Revolutionary War. As will appear later, -the terms regulation and lynch-law are not found together until a much -later date, and then they are not used in connection with events in the -Carolinas. - -Still another “Origin of Lynch’s law” is given in Niles’ Register for -August 8, 1835.[35] An anecdote is related of an occurrence “in -Washington County, Pa., many years ago.” A poaching vagabond, long under -suspicion, was finally detected and told to leave the neighborhood in -twenty-four hours on penalty of prosecution. The poacher refused to -comply and a party of five or six of his neighbors went to his home and -“proceeded to try him in due form, choosing one of their number, a -farmer named Lynch, to be judge.” The judge “decided that the poacher -should be tied up and receive three hundred lashes, ‘well laid on,’ and -then be given twenty-four hours to leave the place under penalty of -receiving three hundred more if found after that time. The first part of -the sentence was inflicted on the spot, with such _good intent_ as to -render its repetition unnecessary. The culprit made off as fast as his -lacerated limbs would permit him.” - -Nothing further is known of this farmer named Lynch, who acted as judge -at this impromptu trial, and there is no reason for regarding this -incident as in any way connected with the origin of lynch-law. It is -merely an instance of recourse to summary procedure against an unpopular -individual. It may or may not have been known at the time as punishment -by Lynch’s law. - -We now come to the explanation of the origin of the term which has been -most frequently given and which was for years accepted without question. -It is to the effect that lynch-law originally had reference to the kind -of law administered by Charles Lynch, in Virginia, during the latter -part of the Revolutionary War. - -It is needless to recount here all the variations in the stories -connecting the origin of lynch-law with the Lynch family in -Virginia.[36] In certain accounts Charles Lynch has been confused with -his older brother, John Lynch, who remained a Quaker all his life and -was the founder of Lynchburg, Virginia. Some accounts refer vaguely to a -Virginia farmer, or planter, by the name of Lynch, whose vigorous -methods of punishing wrongdoers gave rise to the term lynch-law.[37] -Haydn’s Dictionary of Dates (1860) apparently is responsible for the -fiction that this mode of administering justice began about the end of -the seventeenth century and derives its name from John Lynch, a farmer, -who exercised it upon the fugitive slaves and criminals dwelling in the -Dismal Swamp, North Carolina, when they committed outrages upon persons -and property which the law could not promptly repress. This story is -repeated in the editions of 1873 and 1885, and is also given in Harpers’ -Popular Cyclopædia of the History of the United States,[38] and seems to -have become generally accepted in France.[39] It is, however, wholly -erroneous. - -The movement for independence had from the first a great many opponents -in the mountainous sections of Virginia, and there was a considerable -number of Tories in Bedford County, where Charles Lynch lived.[40] The -unsettled condition of affairs also led many desperadoes to resort to -this section of Virginia. Both Tories and desperadoes harassed the -Continentals and plundered their property with impunity.[41] The prices -paid by both armies for horses made horse-stealing a lucrative practice, -and the inefficiency of the judiciary made punishment practically out of -the question. The county courts were merely examining courts in all such -cases, and the single court for the final trial of felonies sat at -Williamsburg, more than two hundred miles away. To take the prisoners -thither, and the witnesses necessary to convict them, was next to -impossible. Frequently the officers in charge of prisoners would be -attacked by outlaws and forced to release their men, or be captured by -British troops and themselves made prisoners. - -It was under these circumstances that Colonel Lynch conferred with some -of his neighbors as to what was best to be done. After deliberation they -decided to take matters into their own hands, to punish lawlessness of -every kind, and so far as possible restore peace and security to their -community. For the purpose of attaining these ends they formed an -organization with Mr. Lynch at the head. Under his direction suspected -persons were arrested and brought to his house, where they were tried by -a court composed of himself, as presiding justice, and his three -neighbors, William Preston, Robert Adams, Jr., and James Callaway, -sitting as associate justices. - -The practice of this court was to have the accused brought face to face -with his accusers, permit him to hear the testimony against himself, and -to allow him to defend himself by calling witnesses in his behalf and by -showing mitigating and extenuating circumstances. If acquitted, he was -allowed to go, “often with apologies and reparation.” If convicted, he -was sentenced to receive thirty-nine lashes on the bare back, and if he -did not then shout “Liberty Forever,” to be hanged up by the thumbs -until he did so. The execution of the sentence took place immediately -upon conviction. The condemned was tied to a large walnut tree standing -in Mr. Lynch’s yard and the stripes inflicted—with such vigor, it is -said, that even the stoutest hearted Tory shouted for “Liberty” without -necessitating a resort to further punishment.[42] - -The news of the invasion of Virginia by Cornwallis gave the Bedford -Tories strong encouragement and a conspiracy was formed to overthrow the -county organization and seize, for the use of Cornwallis on his arrival, -the stores that Lynch had collected for Greene’s army in North Carolina. -The conspirator’s plans, however, became known to Colonel Lynch, -tradition says through one of their own number, and he had them all -arrested. In the case of these conspirators, who were guilty of a -treasonable offense, a more serious situation presented itself. Lynch -himself was on the point of setting out with his regiment for the east -to oppose the British under Benedict Arnold. It was not wise to inflict -the usual punishment and then give the conspirators their freedom again; -neither could he take them as prisoners along with him on the rapid -march that he was forced to make. After careful deliberation, Colonel -Lynch, as the presiding justice, sentenced them to terms of imprisonment -varying from one to five years. Robert Cowan, who had formerly been a -fellow justice on the county bench and who seems to have been the -ringleader, was sentenced to a year’s imprisonment and a fine of -£20,000.[43] - -This court, even though it be considered as still the regular county -court, had clearly transcended its powers; the General Court alone had -jurisdiction in cases of treason. After the war, therefore, the Tories -who had suffered at his hands threatened to prosecute Colonel Lynch and -his friends. To avoid lawsuits and as a means of finally settling the -affair, Lynch brought the whole matter before the Virginia legislature. -After a lengthy debate, which, according to Mr. Page, “aroused the -interest of the whole country,” the following act was passed in October, -1782: - - “An act to indemnify certain persons in suppressing a conspiracy - against this state. - - I. WHEREAS divers evil-disposed persons in the year one thousand seven - hundred and eighty, formed a conspiracy and did actually attempt to - levy war against the commonwealth; and it is represented to the - present general assembly, that William Preston, Robert Adams, junior, - James Callaway, and Charles Lynch, and other faithful citizens, aided - by detachments of volunteers from different parts of the state, did, - by timely and effectual measures, suppress such conspiracy: And - whereas the measures taken for that purpose may not be strictly - warranted by law, although justifiable from the imminence of the - danger; - - II. BE IT THEREFORE ENACTED, That the said William Preston, Robert - Adams, junior, James Callaway and Charles Lynch, and all other persons - whatsoever, concerned in suppressing the said conspiracy, or in - advising, issuing, or executing any orders, or measures taken for that - purpose, stand indemnified and exonerated of and from all pains, - penalties, prosecutions, actions, suits, and damages, on account - thereof. And that if any indictment, prosecution, action, or suit, - shall be laid or brought against them, or any of them, for any act or - thing done therein, the defendant, or defendants may plead in bar, or - the general issue, and give this act in evidence.”[44] - -“The proceedings in Bedford, which the legislature thus pronounced to be -illegal, but justifiable, were imitated in other parts of the State, and -came to be known by the name of Lynch’s Law. In justice to Colonel -Lynch, it should be remembered that his action was taken at a time when -the State was in the throes of a hostile invasion. The General Court, -before which the conspirators should have been tried, was temporarily -dispersed. Thomas Jefferson, then the governor of the State, was proving -himself peculiarly incompetent to fill the position. The whole executive -department was in a state of partial paralysis. It was, therefore, no -spirit of insubordination or disregard of the law that induced Lynch to -act as he did. There were few men living more inclined than this simple -Quaker farmer to render due respect in word and deed to the established -authorities.”[45] - -The old walnut tree on which lynch-law is said to have been first -administered was still standing, in 1900,[46] on the lawn of the Lynch -homestead, two miles from the village of Lynch Station on the Southern -Railway. A part of it was dead but the rest was still vigorous and bore -its annual crop of nuts. The death penalty, however, was never inflicted -under its shadow. Some say that the Quaker proclivities of “Judge -Lynch”[47] prevented him from passing sentence of death; others say that -it was due to his native sense of humanity. Mr. Page presents some -evidence showing that “both custom and sentiment were violently opposed -to visiting capital punishment upon the detected Tory conspirators.”[48] - -In the determination of origins it is frequently impossible to obtain -direct evidence bearing on the point in question. In this case there is -direct evidence for connecting the name of Charles Lynch with the origin -of “lynch-law.”[49] In 1817 Judge Spencer Roane wrote in a letter to -William Wirt: “In the year 1792 there were many suits on the south side -of James River, for inflicting Lynch’s law.” Mr. Wirt adds, in a note -explanatory of the words “Lynch’s law,” “Thirty-nine lashes, inflicted -without trial or law, on mere suspicion of guilt, which could not be -regularly proven. This lawless practice, which, sometimes by the order -of a magistrate, sometimes without, prevailed extensively in the upper -counties on James River, took its name from the gentleman who set the -first example of it.”[50] Though Wirt does not mention Charles Lynch by -name, he does say that the lawless practice “prevailed extensively in -the upper counties on James River,” and Charles Lynch was for years -closely identified with the interests of Campbell[51] and Bedford -counties—two of the upper counties on the James River. - -Henry Howe, in his “Historical Collections of Virginia,” in a section -entitled “Lynch Law,” says: “At that time (the time of the Revolution), -this country (Campbell County and vicinity) was very thinly settled, and -infested by a lawless band of tories and desperadoes. The necessity of -the case involved desperate measures, and Col. Lynch, then a leading -whig, apprehended and had them punished, without any superfluous -ceremony. Hence the origin of the term ‘Lynch Law.’ This practice of -Lynching continued years after the war, and was applied to many cases of -mere suspicion of guilt, which could not be regularly proven.”[52] - -In a book written a few years later than the above, Howe has the -following to say on the same subject: “The Lynch Law, as it is termed, -originated in Virginia at the time of the American Revolution, and was -first adopted by Colonel Lynch against a lawless band of tories and -desperadoes, who infested the country at the base of the Blue Ridge. -This plan was afterwards followed in the west, and its operation was -salutary in ridding the country of miscreants whom the law was not -strong enough to punish. The tribunal of _Squire Birch_, as the person -who personated the judge was called, was established under a tree in the -woods; the culprit being usually found guilty was tied to a tree and -lashed without mercy, and then expelled from the country. In general, -‘_the regulators_’ only exercised this law upon the most base and vile -characters.”[53] - -This account given by Howe cannot be considered as wholly independent of -the influence of Wirt. In his “Historical Collections of Virginia,” Howe -quotes from Wirt’s book in substantiation of his statement that the -“practice of Lynching continued years after the war.” On the other hand, -however, the fact that he repeated his assertions in regard to the -origin of “Lynch Law” in emphatic terms in his later book, and therewith -described the operation of “Lynch Law” in the west, is strong evidence -that he had other sources of information than Wirt’s book on the -matter.[54] - -An account, entirely independent of any influence from either Wirt or -Howe, is found in “Colonel William Martin’s Narrative of Frontier Life,” -prepared about 1842 for Dr. Lyman C. Draper and now in the Draper MS. -Collections in the Wisconsin State Historical Society Library. It is as -follows: - - “In those times there were a great many bad men settled along the - frontiers who by their thefts annoyed the country greatly. Insomuch - that the people entered into combinations to suppress them and formed - companies called regulators. They formed in military style, with - officers, etc. - - “They also organized a court and appointed some three or four of their - aged, discreet men judges to try criminal causes, award punishment, - etc. The company would bring up suspected fellows and the court would - try them. But they seldom extended punishment beyond whipping and - driving them from the country, sometimes making them pay for property - stolen, when they had the means. - - “This method of breaking up combinations of rogues was first set on - foot by Col. Charles Lynch, of Bedford county, Va., where I was - raised. He and my father were acquainted. (The same man for whom - Lynchburg was named.) This plan was started some seventy or eighty - years ago.[55] - - “The measure seemed to be called for from the situation of the country - at the time. And it has been practiced more or less in the settling of - new countries from that time until within a few years past, since the - laws operate with more efficiency. The authorities generally connived - at it from the necessity of the case. And perhaps nowhere has it been - more common than in Tennessee. Lynch at first punished with - thirty-nine stripes, taking, as I suppose, Moses for his model. And - this was for a great while called Lynch’s law, meaning all unlawful - whipping. Any of the old men now in the South and West can tell the - meaning of Lynch’s law. - - “Lynch, however, has been improved upon and more severe punishments - sometimes inflicted. I have given this feature of Western history from - the presumption that you may not have known it.”[56] - -Such is the strongest evidence bearing directly on the point under -consideration. It is true that Martin’s account, as well as Howe’s, was -not written until more than forty years after the death of Charles -Lynch. It is true, also, that many stories have referred to a man by the -name of Lynch in Virginia, sometimes specifically mentioning Charles -Lynch or Colonel Lynch, at other times naming some other Lynch.[57] But -it is likewise true that it is in this way that tradition has been -persistent in attributing the origin of lynch-law to a member of the -Lynch family in Virginia. Furthermore, since no evidence whatsoever has -been found for tracing the beginning of lynch-law to any other member of -that family, it may be said that tradition has thus persistently pointed -to Colonel Charles Lynch as the first lyncher. Traditions are in general -far from trustworthy, but, on the other hand, they usually have _some_ -basis in fact. In this case Wirt’s statement gives, at the very least, a -presumption in favor of the tradition, which facts to the contrary only -can remove.[58] - -The earliest use of the expression “Lynch’s law” that is known at the -present time is this one found in Wirt’s book which was published in -1818. Judge Roane wrote that there were many suits in the year 1792 for -inflicting Lynch’s law. From his statement it does not follow that the -term Lynch’s law was in use in the year 1792. It does follow, however, -that the term was at least a localism in Virginia in the year 1817. - -Other terms were also in use for summary and illegal punishment in the -period 1780–1830. The following appeared in the Salem Gazette of October -2, 1812: “People who clamored violently against Mr. Adams’ ‘_gag law_’ -in ‘99, see nothing to disapprove in the ‘club law’ enacted at -Baltimore, as a substitute for it.—_Messenger._”[59] - -In the year 1819 two passages entitled “Summary justice” appeared in -Niles’ Register. They read as follows: “_Summary justice._—A tin pedlar -at Easton, Pa. was discovered to have two negro children in his cart. On -examination, one of the little sufferers was found to have been crammed -in such a manner, that his ear was rubbed off! The people indignantly -rose and cut off the fellow’s ear. I am no advocate for the violation of -the laws, but from my heart I can’t feel sorry for him.—_Village -Recorder._”[60] “_Summary justice._ After a late extensive fire which -happened at Charleston, a fellow was found secreting some goods that had -been stolen during the calamity. The alternative was offered to him, -whether he would be prosecuted at law, or suffer punishment on the spot; -he chose the latter, was tied to a tree, received fifty lashes well laid -on, and got off _clear_, having restored the stolen goods.”[61] - -In the year 1822 Niles’ Register contained the following: “_Riot._ A -parcel of Irish laborers employed in the navy yard at Charlestown, -lately attempted to rescue some property of one of their fellows out of -the hands of the sheriff. The affray was a severe one—but ‘club law’ did -not prevail. Captain Hull exposed himself considerably to quell the -riot.”[62] - -Writing under the date of November 29, 1819, W. Faux describes an -instance of the use of summary methods against an unpopular individual -in Princeton, Indiana, and says: “The people of the place deputed four -persons to inform him, that unless he quitted the town and the state -immediately, he should receive Lynch’s law, that is, whipping in the -woods.”[63] Under the date of December 16, 1819, referring to “the -Rowdies of Kentucky,” the same author writes: “These regulators are -self-appointed ministers of justice, to punish or destroy those whom the -law cannot touch.”[64] - -On July 17, 1824, Niles’ Register published the information that several -murders had been committed in Kentucky “by persons who called themselves -‘regulators.’”[65] - -W. N. Blane published in London in 1824 an account of his travels in -America and described “the practice of _Regulating_” that then existed -in parts of Kentucky, Indiana, and Illinois. He tells how the bands of -Regulators were organized and their methods of inflicting punishment, -but does not use the term lynch or lynch-law.[66] - -Judge James Hall, in his “Letters from the West,” published in 1828, -uses the following words: “No commentator has taken any notice of -_Linch’s Law_, which was once the _lex loci_ of the frontier. The -citizens formed themselves into a ‘_regulating company_.’ Sometimes the -sufferers resorted to courts of justice for remuneration, and there have -been instances of heavy damages being recovered of the regulators.”[67] - -It thus appears that summary and illegal methods of punishing offenders -were known under various names between 1780 and 1830. The term Lynch’s -law was not exclusively applied to such practices. The evidence -obtainable at present, therefore, indicates that at some time between -1780 and 1817 the term Lynch’s law became a localism in Virginia in the -region of the James River. By the year 1819 it had spread as far west as -Indiana, and by 1828 it had become still more widely used but had not -superseded all other terms for the popular administration of justice. - -To the question why or how Lynch’s name came to be attached to this -practice, there is at present no conclusive answer. It may be said that -Colonel Charles Lynch was a prominent man in his community, and when he -adopted extra-legal methods of punishing public offenders during the -troublous times of the Revolution, he no doubt attracted considerable -attention to himself, and thus his name became identified with such -practices. It may also be said that the uniqueness of some of his -punishments, such as compelling the Tories to shout “Liberty forever,” -probably brought his name into prominence with the practice. The fact -remains, however, that no contemporaneous evidence has yet been -discovered which will explain why Lynch’s name came to be applied to the -practice. We know definitely only that the form of the expression was at -first Lynch’s law, and that tradition, supported by all the evidence -that we have, ascribes its origin to Colonel Lynch. Equally certain it -is that Lynch’s law originally signified a whipping for reformatory -purposes with more or less disregard for its legality, and was so used -at a time subsequent to the American Revolution and not before that -time. Evidently the term originated in Virginia, and as the tide of -emigration moved westward it was carried along the frontier where -conditions were such as to encourage the use of extra-legal methods -against public offenders. - -This becomes more evident when the early history of the popular -administration of punishment in the United States is taken into account. -A consideration of early lynch-law, or lynch-law down to 1830, -constitutes the following chapter. - - - - - CHAPTER III - EARLY LYNCH-LAW - - -In the preceding chapter we have been concerned with the origin of the -term by which the practice has come to be known. In this chapter we are -concerned with the practice itself. Something of the nature of lynch-law -procedure during the Revolutionary epoch has already become apparent, -but a more detailed investigation into the early history of such -procedure will reveal other characteristics. - -It has been said by some that the first instance of the operation of -lynch-law in America was in December, 1763, at Paxtang (now Harrisburg), -Pennsylvania. Indian scalping parties had been laying waste the -settlements with relentless fury, and the appeals of the settlers to the -Quaker government for help had been treated with contempt. Exasperated -at the policy pursued by the Quakers toward the Indians, the -Scotch-Irish who had settled in Lancaster and Cumberland counties formed -several companies of Rangers to patrol the borders and give protection. -“About the middle of December, word was brought to the settlers living -at Paxtang, that an Indian known to have committed depredations in the -vicinity had been traced to Conestoga. Matthew Smith, a man of influence -and popularity among his associates, called together a number of the -Paxtang Rangers, and led them to the Conestoga settlement. One of the -men saw an Indian issuing from a house, and thought that he recognized -him as the savage who had killed his own mother. Firing his rifle, he -brought the Indian down. Then, with a loud shout, the furious mob rushed -into the cabins, and killed all the Indians whom they found there, some -six in number. Fourteen of the Conestogas managed to escape, and, -fleeing to Lancaster, were given a place of refuge in the county jail. -While there, word was again carried to the Paxtang men that an Indian, -known to have murdered the relatives of one of their number, was among -those who had received the protection of the Lancaster magistrates. This -again aroused a feeling of rage and resentment amongst the Rangers. On -December 27, some fifty of them, under the leadership of Lazarus -Stewart, marched to Lancaster, broke open the jail, and with the fury of -a mob massacred every Indian contained therein, man, woman, and -child.”[68] - -In connection with this incident it has been suggested that the -Scotch-Irish are to blame for the introduction of lynch-law in America; -that they brought with them traditions of the administration of summary -justice in Mediæval Scotland, and, amidst the perils of the frontier, -quickly resorted to the ancient methods of suppressing violence and -depredation. The case of the Regulators in the Carolinas is also cited -as an instance of the Scotch-Irish backwoodsmen taking the -administration of justice into their own hands, when their rulers failed -to provide for them a safe government. It is said that this same -self-reliant spirit is exhibited in the “family feuds of Kentucky, which -for the most part seem peculiar to families bearing Scottish names.”[69] - -Undoubtedly the Scotch-Irish played an important part in the early -history of lynch-law in the United States. But it was rather because -they were the vanguard of a new civilization than because they were of -Scottish descent that they played this important part. Environmental -influences of old had made them pioneers. Before coming to this country -they had behind them a century of frontier life. Their experience in -Ireland, where the soil was poor and where by reason of the difference -in religion they lived apart from, and often in open hostility to, the -natives, led them to be self-reliant and self-assertive. Their training -had thus made them sturdy frontiersmen, quite the sort to subdue the -wilderness and become the founders of a new civilization. Amid the -vicissitudes incident to settlement in a virgin territory it was often -necessary, as a matter of self-preservation, to use prompt and decisive -measures against depredators. That the early settlers did not always -observe “due process of law” can scarcely be urged as deserving -condemnation. They merely adopted the means which seemed to them the -most expedient under the existing circumstances. - -The adoption of summary measures by Scotch-Irish Rangers in Pennsylvania -in 1763, however, does not furnish an isolated instance, nor indeed the -earliest instance, of the use of such measures against Indians. The -provincial governments were not infrequently called upon to take note of -such occurrences in order to preserve amicable relations with the -various Indian tribes, and considerable difficulty was commonly -experienced when the attempt was made to bring to justice white men who -had murdered Indians. - -In the Province of New Hampshire in June, 1753, two white men killed two -Indians who were accused of having carried off two negroes the preceding -year. After several months the men were arrested, indicted for the -murder, placed in the jail at Portsmouth, and their trial set for March -21, 1754. The night previous to the day appointed for the trial a party -of their neighbors appeared in Portsmouth, broke open the jail and set -them free. “This outrage produced great excitement in the community—some -endeavoring to discover and retake the murderers, and others favoring -their escape. Both the murder and the rescue, however, were generally -justified in the community. And, although rewards were offered by -Governor Wentworth for the apprehension of Bowen and Morrill, yet in a -short time they went openly about their business, without fear of -molestation, and the men engaged in breaking the jail at Portsmouth, -though well known, were never called to account, but, on the contrary, -were considered as having performed a most meritorious act. In fact, -some of the most substantial men in the country were engaged in the -rescue,—by act or advice,—and the Government could not have made an -arrest had they made the attempt. Presents were afterwards made to the -relatives of these Indians by the Government of New Hampshire, and thus -the ‘blood was wiped away’ to the satisfaction of the Indians.”[70] - -In May, 1795, in the county of St. Clair in the Illinois country, two -Indians were murdered while they were in the custody of the sheriff who -was conveying them to jail upon warrant. An effort was made to bring the -murderers to justice, but although “the most positive evidence was -adduced to the grand jury against two persons, inhabitants of the county -of St. Clair, that the murder was committed by them,” no bill of -indictment was found against them. Three attempts were made to secure an -indictment from the grand jury, all of which were unsuccessful. -Referring to another instance where Indians were murdered by whites, -which occurred at about the same time but the circumstances of which -were “not only not blameable but laudable,” Governor St. Clair wrote, in -his report to the Secretary of State, “had the affair been ever so -criminal in its nature, it would have been, I believe, impossible to -have brought the actors to punishment.”[71] - -In several respects there is a resemblance between the means which were -employed by the early settlers for protection against Indian depredators -and the methods which have been adopted in more recent years for the -punishment of public offenders. In their purpose, in their organization, -and in their summary infliction of the death penalty, the Rangers were -not unlike the vigilance committees which have been closely identified -with the later operation of the frontier type of lynch-law. In breaking -open jails, and, as in Lancaster, Pennsylvania, in massacring inmates -against whom there was a strong popular resentment, or, as in -Portsmouth, New Hampshire, in liberating prisoners whose criminal -conduct was generally justified in the community, there appear some of -the distinctive features which have marked the later operation of -lynch-law in well settled communities. It is also probably true that the -antagonistic relations which existed between the whites and the Indians -during the early history of this country directly encouraged a popular -disregard of all legal procedure on the part of the whites when dealing -with Indians. But the use of summary measures against Indians and the -attendant occurrences can scarcely be said to mark the beginning of the -operation of lynch-law in America. The meaning which was at first -attached to the term Lynch’s law and the nature of the practice which -first came to be known by that name preclude such a beginning for the -practice. Lynch’s law originally corresponded much more closely to what -was known as “regulating,” a practice which was early adopted not only -where the frontier type of society existed, but also where there was the -stable and better organized form of society characteristic of older -communities. - -The following appeared in the New York Gazette of December 18, 1752: “We -hear from _Elizabeth-Town_, that an odd Sect of People have lately -appeared there, who go under the Denomination of _Regulars_: there are -near a Dozen of them, who dress themselves in Women’s Cloaths, and -painting their Faces, go in the Evening to the Houses of such as are -reported to have beat their Wives: where one of them entering in first, -seizes the Delinquent, whilst the rest follow, strip him, turn up his -Posteriors and flog him with Rods most severely, crying out all the -Time, _Wo to the Men that beat their Wives_:—It seems that several -Persons in that Borough, (and ’tis said some very deservedly) have -undergone the Discipline, to the no small Terror of others, who are in -any Way conscious of deserving the same Punishment. ’Twere to be wish’d, -that in order for the more equal Distribution of Justice, there wou’d -arise another Sect, under the Title of _Regulatrixes_ who should dress -themselves in Mens Cloathes, and flagilate the Posteriors of the Scolds, -Termagants, &c., &c.”[72] - -In a letter dated December 7, 1753, “Prudence Goodwife,” after relating -how her husband beats and maltreats her, writes as follows: “My Case -being happily nois’d abroad, induced several generous young Men to -discipline him. These young Persons do stile, or are stiled, Regulators: -and so they are with Propriety: for they have regulated my dear Husband, -and the rest of the bad Ones hereabouts, that they are afraid of using -such Barbarity; and I must with Pleasure acknowledge, that since my -Husband has felt what whipping was, he has entirely left off whipping -me, and promises faithfully he will never begin again. Tho’ there are -some that are afraid of whipping their Wives, for fear of dancing the -same Jigg; yet I understand, they are not afraid of making Application, -in order to have those dear Regulators indicted; and if they should it -might discourage them for the future, to appear to the Assistance of the -Innocent and Helpless; and then poor Wives who have the unhappiness to -be lockt in Wedlock with bad Husbands, take care of your tender Hides; -for you may depend upon being bang’d without Mercy.”[73] - -These may be regarded as sporadic cases of “regulating,” as -illustrations of the kind of “regulating” which is found in a stable and -well organized form of society. They are instances of the infliction of -summary corporal punishment upon individuals for whose punishment under -the law little tangible evidence can be adduced, and the nature of whose -offense is such that legal penalties are popularly believed to be -inapplicable. - -In North Carolina, from 1765 to 1771, under frontier conditions combined -with political dissension, “regulation” assumed a well-organized form -and gained considerable strength.[74] The movement was inaugurated in -the north-central part of the province to resist what was considered -oppressive exactions laid by government officials. Specifically, the -grievances were excessive taxes, dishonest sheriffs, and extortionate -fees. A meeting “to inquire into the abuse of power and take proper -measures for amendment” was held at Maddock’s mill on October 10, 1766, -and several resolutions were drafted and adopted.[75] Nothing was done -by the authorities to alleviate the grievances, however, and a general -meeting was held on April 4, 1768, at which the organization into a body -of Regulators was perfected. An agreement was drawn up and the members -bound themselves by oath to its observance. This agreement reads as -follows: - - “We the subscribers do voluntarily agree to form ourselves into an - association, to assemble ourselves for conference for regulating - public grievances and abuses of power, in the following particulars, - with others of the like nature that may occur. - - “1. That we will pay no more taxes until we are satisfied they are - agreeable to law, and applied to the purposes therein mentioned; - unless we cannot help it, or are forced. - - “2. That we will pay no officer any more fees than the law allows, - unless we are obliged to it; and then to show our dislike, and bear an - open testimony against it. - - “3. That we will attend our meetings of conference as often as we - conveniently can, and is necessary, in order to consult our - representatives on the amendment of such laws as may be found grievous - or unnecessary; and to choose more suitable men than we have done - heretofore for burgesses and vestrymen; and to petition the houses of - assembly, governor, council, king and parliament, &c., for redress in - such grievances as in the course of the undertaking may occur; and to - inform one another, learn, know, and enjoy all the privileges and - liberties that are allowed and were settled on us by our worthy - ancestors, the founders of our present constitution, in order to - preserve it on its ancient foundation, that it may stand firm and - unshaken. - - “4. That we will contribute to collections for defraying necessary - expenses attending the work, according to our abilities. - - “5. That in case of difference in judgment, we will submit to the - judgment of the majority of our body. - - “To all which we solemnly swear, or being a quaker, or otherwise - scrupulous in conscience of the common oath, do solemnly affirm, that - we will stand true and faithful to this cause, till we bring things to - a true regulation, according to the true intent and meaning hereof, in - the judgment of the majority of us.”[76] - -As this agreement indicates, this organization was primarily for the -purpose of “regulating public grievances and abuses of power,” not for -the purpose of bringing to justice public offenders beyond the reach of -law, such as horse thieves and desperadoes. Their methods of procedure, -however, closely resembled those that have been adopted by other bands -of Regulators for the purpose of meting out justice to frontier -criminals. Their favorite method seems to have been to administer -whippings. In an intercepted letter from Rednap Howell to James Hunter, -both leading Regulators, the following passage occurs: “I give out here -that the Regulators are determined to whip every one who goes to law, or -will not pay his just debts, or will not agree to leave his cause to -men, where disputed. That they will choose representatives, but not send -them to be put in jail. In short, to stand in defence; and as to -thieves, to drive them out of the country.”[77] From time to time, -however, serious disturbances and riots occurred. In September, 1770, -about 150 Regulators attacked the superior court which was in session at -Hillsboro, severely whipped several men who had incurred their enmity, -and destroyed considerable property. New laws were hurriedly enacted by -the legislature and the leaders of the riots were arrested, but the -Regulators were not easily subdued or conciliated. In 1771 Governor -Tryon called out the militia, and a battle took place between the -Regulators and the militia, in which the Regulators were utterly -defeated and their organization broken up. Each side, however, had -several men killed and many wounded. - -A similar attempt at “regulating” was made in South Carolina at about -the same time.[78] The “Back Country,” as it was called, had become -infested with robbers and brigands. Prior to the year 1769 the only -court of criminal and civil jurisdiction in the Province—except the -courts of Justices of the Peace, which had jurisdiction in civil causes -as high as twenty pounds current money—“was holden in Charlestown.” This -gave practical immunity from punishment to those who were lawlessly -inclined in the distant parts of the Province. As early as the year -1752, the inhabitants along the Pedee River near the mouth of Lynche’s -Creek petitioned the Upper House of Assembly for the creation of a new -county in which twelve or more Justices should be appointed who should -have a general jurisdiction over both civil and criminal causes. This -and other petitions which were presented in the following years from -different parts of the Province received scant attention on the part of -the Provincial Government. For several years the Government did not seem -to comprehend the real nature of the evils, or the remedies necessary to -be applied. Consequently, there was a very decided opposition between -the Regulators and the Government. - -The earliest account we have of the operations of the organization which -became known as the Regulators is in the South Carolina Gazette of May -26, 1767, in an extract from a letter from Pine Tree Hill (Camden), -dated May 14, 1767. It is as follows: “On the 6th inst., a number of -armed men, being in search of Horse Stealers, robbers, &c., discovered a -parcel of them in camp on Broad River, where an engagement soon ensued, -and the Thieves were put to flight; and though none of them were taken, -it is reasonable to suppose, from the quantity of blood on the ground, -that some of them were killed. They left behind them ten horses, -thirteen saddles, some guns, &c.”[79] - -The South Carolina Gazette of July 27–August 3, in the same year, made -this statement: “The gang of Villains from Virginia and North Carolina, -who have for some years past, in small parties, under particular -leaders, infested the back parts of the Southern Provinces, stealing -horses from one, and selling them in the next, notwithstanding the late -public examples made of several of them, we hear are more formidable -than ever as to numbers, and more audacious and cruel in their thefts -and outrages. ’Tis reported that they consist of more than 200, form a -chain of communication with each other, and have places of general -meeting; where (in imitation of Councils of War) they form plans of -operation and defence, and (alluding to their secrecy and fidelity to -each other) call their places Free Mason Lodges. Instances of their -cruelty to the people in the back settlements, where they rob or -otherwise abuse, are so numerous and shocking, that a narrative of them -would fill a whole _Gazette_, and every reader with horror. They at -present range in the Forks between Broad, Saludy, and Savannah Rivers. -Two of the gang were hanged last week at Savannah, viz., Lundy Hart and -Obadiah Greenage. Two others, James Ferguson and Jesse Hambersam, were -killed when these were taken.”[80] - -Apparently, it was for the purpose of breaking up and bringing to -justice this “gang of Villains” that Thomas Woodward, Joseph Kirkland, -and Barnaby Pope “instituted the Regulation.”[81] At any rate, an -organization had been formed in the region surrounding the Broad River, -and, as early as 1767, the members of this organization had come to be -known as Regulators. In an address to both Houses of Assembly, November -5, 1767, the Governor of the Province, referring to the “unhappy -situation in the Back Parts of this Country,” made the following -statement: “The means to suppress those licentious spirits that have so -lately appeared in the distant parts of the Province, and, assuming the -name of Regulators, have, in defiance of Government, and to the -subversion of good order, illegally tried, condemned, and punished many -persons, require an attentive deliberation.”[82] - -The courts that were asked for by the inhabitants were not established, -however, and the “regulation” continued. The following is taken from the -South Carolina Gazette of June 13, 1768: “It seems hardly probable that -the disturbances in our back settlements will entirely subside, -notwithstanding all the prudent steps that have been taken, or can be -taken, by the Government to suppress them, until the late Act of the -General Assembly of this Province for establishing Circuit Courts,[83] -takes effect: for we daily hear of new irregularities committed by the -people called Regulators, who, seeming to despair of rooting out those -desperate villains that remain among them any other way, still take upon -themselves to punish such offenders as they can catch. We hear, that -within this month, one Watts and one Distoe, have received 500 lashes -each by their direction; and that an infamous woman has also received -corporal punishment. We hear, also, that one John Bowles has lately lost -his life in attempting to take Mr. Woodward, one of the leaders of the -people called Regulators. According to our account, Woodward, refusing -to surrender himself, Bowles fired at, and would have killed him, but -the ball struck the barrel of a gun which he held across his breast, -upon which, some people in company with Woodward, fired, and killed -Bowles.”[84] - -On July 25, the following intelligence was given in the South Carolina -Gazette: “The last accounts from the Back Settlements say, that the -People called the Regulators were to have a meeting at Lynche’s Creek, -on last Friday, where it was expected 1200 would be assembled. The -occasion of this meeting is said to be, a Party of them lately having -been roughly used by a Gang of Banditti, consisting of Mulattoes, Free -Negroes, &c., notorious Harborers of runaway slaves, at a place called -Thompson’s Creek, whom they ordered to remove. It is added, they -anxiously wait to hear the fate of the Act for establishing Circuit -Courts in this Province, sent home for the Royal approbation, which, if -it obtains, will restore good order in those parts.”[85] - -The Governor of the Province, not understanding the situation in the -remote settlements, made an attempt to enforce order and compel -obedience to law by sending an officer with full discretionary power -against the Regulators. The course of events is described by Ramsay in -the following words: “The extreme difficulty of bringing criminals from -the remote settlements to a legal condemnation had induced a number of -men, who called themselves regulators, to take the law into their hands. -They, by their own authority, inflicted corporal punishment on sundry -persons without any regular condemnation. To remedy abuses of this kind, -lord Charles Greville Montague, then governor of the province, advanced -to the rank of colonel a man of low character, of the name of Scovil, -and employed him to enforce regular law among these self-constituted -regulators. In execution of his commission he adopted severe measures, -which involved multitudes in great distress.”[86] This Colonel Scovil -(or Schovel—his name is written in various ways), instead of redressing -the grievances on both sides, armed the depredators and paraded them for -battle. Before a battle took place, however, between the Regulators and -the Schofilites, as they were known from the name of their leader, wiser -counsels prevailed and both parties sent delegates to the Governor -asking for his intervention.[87] In this way the disastrous results of -the conflict in North Carolina between the Regulators and the Government -were avoided in South Carolina. - -Finally, the necessity for courts in the interior of the Province could -no longer be denied. The Royal approval was given, and in the year 1769 -seven new courts, with suitable jails and court-houses, were established -in different parts of the interior.[88] This marked the end of the -Regulation movement in South Carolina. The condition of affairs which -had called it into existence had ceased to prevail and the practice of -“regulating” was, therefore, discontinued. - -A single quotation will conclude all that need here be said in regard to -the Regulation in South Carolina. It is an “extract of a letter from a -Gentleman at Pedee, to his friend in Town,” and appeared in the South -Carolina Gazette, September 2, 1768. It reads as follows: - - “I wish you would inform me what is generally thought in town of the - Regulators, who now reign uncontrolled in all the remote parts of the - Province. In June, they held a Congress at the Congarees, where a vast - number of people assembled; several of the principal settlers on this - River, men of property, among them. When these returned, they - requested the most respectable people in these parts to meet on a - certain day; they did so, and, upon the report made to them, they - unanimously adopted the Plan of Regulation, and are now executing it - with indefatigable ardour. Their resolution is, in general, - effectually to deny the Jurisdiction of the Courts holden in - Charlestown over those parts of the Province that ought to be by right - out of it; to purge, by methods of their own, the country of all idle - persons, all that have not a visible way of getting an honest living, - all that are suspected or known to be guilty of malpractices, and also - to prevent the service of any writ or warrant from Charlestown; so - that a Deputy Marshal would be handled by them with severity. Against - those they breathe high indignation. They are every day, excepting - Sundays, employed in this Regulation work, as they term it. They have - brought many under the lash, and are scourging and banishing the baser - sort of people, such as the above, with universal diligence. - - “Such as they think reclaimable, they are a little tender of; and - those they task, giving them so many acres to tend in so many days, on - pain of flagellation, that they may not be reduced to poverty, and by - that be led to steal from their industrious neighbours. This course, - they say, they are determined to pursue, with every other effectual - measure, that will answer their purpose; and that they will defend - themselves in it to the last extremity. They hold correspondence with - others in the same plan, and are engaged to abide by and support each - other whenever they may be called upon for that purpose. This, it - seems, they are to continue till County Courts, as well as Circuit - Courts, shall be rightly established, that they may enjoy, by that - means, the rights and privileges of British subjects, which they think - themselves now deprived of. They imagine that, as the Jurisdiction of - the Courts in Charlestown extends all over the Province, Government is - not a protection, but an oppression; that they are not tried there by - their Peers; and that the accumulated expenses of a law-suit, or - prosecution, puts justice out of their power; by which means the - honest man is not secure in his property, and villainy becomes rampant - with impunity. - - “Indeed, the grievances they complain of are many, and the spirit of - Regulation rises higher and spreads wider every day. What this is to - end in, I know not; but thus matters are situated; an account of - which, I imagine, is not unacceptable, though perhaps disagreeable to - hear.”[89] - -This letter may be regarded, upon the whole, as an impartial account of -the Regulation movement in South Carolina.[90] It exhibits the character -of those who were taking the lead in the matter, and indicates the -objects which they proposed to accomplish. It also indicates that their -usual procedure was to whip and banish all persons whom they considered -inimical to the interests of the community. In this respect the -Regulation movement in South Carolina closely resembled the Regulation -movement in North Carolina. It may be said, therefore, that lynch-law -was in operation at this time in the Carolinas, though not known by that -name. The practice of administering corporal punishment for reformatory -or corrective purposes, the practice of “regulating” public offenders -and public grievances, is the essence of lynch-law procedure. - -As events shaped themselves for the outbreak of the Revolution in 1775, -conditions became such as to encourage the frequent use of summary -methods of redressing grievances in all of the colonies. The increasing -dissatisfaction among the colonists with the way they were being -governed by the mother country, the obnoxious Stamp Act and other -measures which they thought to be unjustly imposed upon them, rendered -recourse to summary procedure not only easy but popularly -justifiable.[91] It was a time of excitement when neighbor looked upon -neighbor with suspicion and the slightest offense was deemed worthy of -severe punishment. Social conditions were unsettled; the civil -authorities were fast losing the respect and support of the people in -the community; threats and taunts, satire and insult, were -prevalent.[92] Under such conditions it is not strange that summary -procedure came to be in vogue from Maine to Georgia. - -Furthermore, during the entire period of the Revolutionary War not only -were the usual unsettled conditions incident to a war prevailing, but, -in addition, there was disaffection and disagreement among the colonists -themselves. Almost every community had its Tories who frequently sought, -openly or secretly, to further the Royal cause and injure the American -cause. In return, the American sympathizers often adopted retaliatory -measures against the Tories. In such cases it was hopeless to appeal to -the civil or the judicial powers for they were badly disorganized. Not -infrequently conditions were such as to preclude action under martial -law, and thus the only recourse possible was the popular administration -of justice in the form of summary procedure of one sort or another. - -Particularly characteristic of the Revolutionary period was the practice -of tarring and feathering.[93] It has been said that “this singular -punishment” was begun in America by British troops who tarred and -feathered an inhabitant of the town of Billerica, Massachusetts, on -March 9, 1775.[94] But a number of instances may be cited showing that -this punishment had been administered in more than one of the colonies -several years earlier. It is probable that many of the early immigrants -knew of this manner of punishment before they left their native -shores[95]; at any rate, they did not wait until 1775 for the British -troops to set them an example.[96] - -On September 7, 1768, at Salem, Massachusetts, a “Custom-House Waiter” -informed an officer of the customs that some measures had been taken on -board a vessel, in the harbor to elude the payment of certain duties. -This “engaged the Attention of a Number of the Inhabitants. Between the -Hours of Ten and Eleven, A.M. he was taken from one of the Wharves, and -conducted to the common, where his Head, Body and Limbs were covered -with warm Tar, and then a large Quantity of Feathers were applied to all -Parts. The poor Waiter was then exalted to a Seat on the Front of a -Cart, and in this Manner led into the Main Street, where a Paper, with -the Word _Informer_ thereon, in large Letters, was affixed to his -Breast, and another Paper, with the same Word, to his Back. This Scene -drew together, within a few Minutes, several Hundred People, who -proceeded, with Huzzas and loud Acclamations, through the Town.”[97] - -On Saturday, September 10, 1768, “two Informers, an Englishman and a -Frenchman, were taken up by the Populace at Newbury-Port, (Mass.) who -tarred them & feathered them; but being late they were hand-cuffed and -put into custody until the Sabbath was over:—Accordingly on Monday -Morning, they were again tarred and rolled in Feathers, then fixed in a -Cart with Halters, and carried thro’ the principal Streets of the -Town.”[98] Upon his release the Englishman, Joshua Vickery by name, went -before a justice of the peace and took oath “that he never did directly -or indirectly make or give any Information to any Officer of the Customs -nor to any other Person either against Capt. John Emmery, or any other -Man whatever; that he was no ways concerned with Francis Magno in his -Information, nor ever wrote one Line for the said Francis, on that -Account.”[99] These statements were corroborated by the Frenchman and it -was shown that the only ground for suspicion against Vickery was the -fact that he had been in the company of the Frenchman on the day that -the “Information” was given. - -On the evening of May 18, 1769, at Providence, Rhode Island, Jesse -Saville, “a Tidesman belonging to the Custom-House” who was accused of -“Informing,” was seized by a number of people, stripped naked, covered -from head to foot with turpentine and feathers and severely beaten. “For -the better bringing to Justice and condign Punishment the Authors of -this daring & atrocious Outrage, the Commissioners of His Majesty’s -Customs” offered a reward of fifty pounds sterling for their discovery -and conviction.[100] - -A similar case of tarring and feathering, the offender being “a Person -who had informed against a Merchant, respecting a Vessel then in the -West-Indies,” occurred in New Haven, Connecticut, in September, -1769.[101] - -In New York, in October, 1769, “one Kelly, an Oysterman, Mitchner, a -Tavern-keeper, and one or two more, having, it is said, made an -Information to the Custom-House Officers, which occasioned the Seizure -of a few Casks of Wine belonging to the Mate of a Vessel, and was, it is -said, the whole Saving he had made of three Years Wages: The Populace -being greatly incensed against the Informers, after several Days Search, -found and seized them, placed and tied them in Carts, and carried them -thro’ great Part of the City, attended with many Thousand People, who -huzza’d, insulted and treated them with the utmost Indignity, often -besmearing their Faces and Clothes with Tar, and sprinkling them with -Feathers.... The Magistrates interposed, but were for some Time unable -to stop the Cavalcade, till the Populace had in some Measure satiated -their Resentment.”[102] - -The Boston Chronicle for October 26–30, 1769,[103] contained the -following under the heading of “Boston”: “Last Saturday evening, a -person suspected to be an informer, was stripped naked, put in a Cart, -where he was first tarred, then feathered, and in this condition, -carried through the principal streets of the town, followed by a great -concourse of people.” - -During the year 1770 there was much popular feeling against merchants -who imported goods contrary to the non-importation agreement. Such -importers were threatened with many dire punishments including tar and -feathers, and in several instances the threatened punishments were -administered.[104] - -At Philadelphia, in October, 1773, a certain Ebenezer Richardson, -accused of “seeking an opportunity to distress the Trade of -Philadelphia,” was publicly notified, by “Tar _and_ Feathers,” of the -punishment which was in store for him, a punishment which he narrowly -escaped by leaving the city “closely pursued by many well-wishers to -peace and good order.”[105] - -On November 1, 1773, John Malcolm who had rendered himself obnoxious “by -being an Informer” was “genteely _Tarr’d_ and _Feather’d_” by “about 30 -Sailors” at Pownalborough (Mass.).[106] On January 25, 1774, Malcolm was -in Boston, and when some taunting remarks were made to him to the effect -that he had been tarred and feathered but not in the proper manner, he -dared any one to do it better and assaulted one man, slightly injuring -him. In the evening a number of people took Malcolm out, stripped him, -tarred his head and his body, feathered him, set him in a chair in a -cart, and thus carried him through the streets, finally whipping and -beating him before they let him go.[107] On the morning of January 30 -the following handbill[108] was found pasted up in the most public -places: - - BRETHREN, AND FELLOW-CITIZENS! - - This is to Certify, That the modern Punishment lately inflicted on the - ignoble JOHN MALCOLM, was not done by our Order—We reserve that Method - for bringing Villains of greater Consequence to a Sense of Guilt and - Infamy. - - JOYCE, jun^r. - (_Chairman of the Committee for_ Taring _and_ Feathering.) - - ☞ If any Person should be so hardy as to tear this down, they may - expect my severest Resentment. - - J. jun. - -During the years 1773 and 1774 tea commissioners and tea consignees, in -addition to customs informers and importers of British goods, fell into -popular disfavor, and thus became subjects for tarring and feathering. -“Tiewaghnodago” in the Boston Gazette, December 20, 1773,[109] said that -he had been informed that “some _little_ Shopkeepers in this Town,” -finding that tea was not likely to be used, had raised the price of -coffee a few coppers per pound, and he asked “whether _Tar_ and -_Feathers_ would not be a constitutional encouragement for such eminent -Patriotism.” - -In the period 1765–1775 there were likewise cases of mob violence where -houses were attacked and damaged by having missiles thrown at them and -where property was destroyed.[110] In one instance at least the owner of -goods which were destroyed by a mob recovered damages in the courts. -Early in the year 1772, according to S. G. Arnold,[111] there occurred -“a memorable instance of the triumph of law over popular prejudice.” One -David Hill was detected in selling goods included in the non-importation -agreement, and the goods were seized and destroyed by a mob. Hill -brought action in the Rhode Island courts, and the superior court -confirmed the judgment of the inferior court and gave the plaintiff two -hundred and eighty-two pounds damages and costs. - -Tarring and feathering was not reserved for certain informers and -importers or for tea consignees alone, however. This punishment was -administered in at least two instances for offenses other than those -growing out of the political controversies of the time. - -The Boston Gazette for November 6, 1769,[112] contained the following -item: “Last Thursday Afternoon a young Woman from the Country was -decoyed into one of the Barracks in Town, and most shamefully abused by -some of the Soldiers there:—the Person that enticed her thither with -promises of disposing of all her marketing there (who also belonged to -the Country) was afterwards taken by the Populace and several times -duck’d in the Water at one of the Docks in Town; but luckily for him he -made his escape from them sooner than was intended;—however, we hear, -that after he had crossed the Ferry to Charlestown, on his return home, -the People there being informed of the base part he had been acting, -took him and placed him in a Cart, and after tarring and feathering him -(the present popular Punishment for modern delinquents) they carted him -about that Town for two or three Hours, as a Spectacle of Contempt and a -Warning to others from practising such vile Artifices for the Delusion -and Ruin of the virtuous and innocent: He was then dismissed, and -permitted to proceed to the Town where he belonged, for them to act with -as they should see fit.” - -In January, 1774, smallpox became prevalent in Marblehead, -Massachusetts, and an inoculating hospital was erected on Cat Island as -a private enterprise. This hospital, however, was popularly regarded -with suspicion and disfavor, for it was thought to be a source of -contagion. When four men were detected in the act of stealing clothing -from the hospital, they were promptly tarred and feathered, and, after -being placed in a cart and exhibited through the principal streets of -the town, were carried to Salem, accompanied by a procession of men and -boys, marching to the music of a fife and several drums. A number of new -cases of smallpox developed soon after this affair, and popular -indignation ran so high against the proprietors of the hospital that -they were openly threatened with personal violence and were finally -compelled to close its doors. Subsequently a rumor that the hospital was -to be opened again awakened fresh opposition, and on January 26 a party -of disguised men visited the island, and as a result of their visit the -building was completely destroyed by fire. Two men were arrested as -being implicated in the incendiarism and were confined in the Salem -jail, but a large number of men from Marblehead marched to Salem, -surrounded the jail, broke open the doors, overpowered the jailer and -his assistants, released the two prisoners and conducted them home in -triumph. A force of citizens was later organized by the sheriff for the -purpose of going to Marblehead to recapture the men, but when it became -known that an equally large force was organizing and arming in -Marblehead to protect them, the sheriff abandoned his purpose and no -further effort was made to prosecute the incendiaries. Before the -trouble connected with the hospital was finally ended, however, one of -the four men who had been tarred and feathered was again the subject of -popular indignation because of his bringing away clothing from Cat -Island. He was taken from his bed one night by a mob and carried to the -public whipping-post where he was severely whipped and beaten.[113] - -During the year 1775, when the spirit of rebellion rose to the height of -armed resistance and open warfare, there was increased occasion for -recourse to summary procedure. In that year mobs gathered in many -places,[114] riots were numerous and cases of tarring and feathering -occurred in several of the colonies. - -In June, 1775, Laughlin Martin and James Dealy were stripped of their -clothes, tarred and feathered, and carted through the Streets of -Charleston, South Carolina, by order of the “Secret Committee,” one of -the committees which had been formed to carry on an independent -government in that Province.[115] In August of the same year, this -committee had another man, “a Mr. Walker, Gunner of Fort Johnston,” -treated in the same way.[116] - -In September, 1775, James Smith, a judge of the Court of Common Pleas -for Duchess County, New York, together with Coen Smith of the same -place, were “handsomely tarred and feathered” for acting in open -contempt of the resolves of the County Committee. “The judge undertook -to sue for, and recover the arms taken from the Tories by order of said -committee, and actually committed one of the committee, who assisted at -disarming the Tories, which enraged the people so much, that they rose -and rescued the prisoner, and poured out their resentment on this -villanous retailer of the law.”[117] - -In December, 1775, “at Quibbletown, New Jersey, Thomas Randolph, cooper, -who had publicly proved himself an enemy to his country, by reviling and -using his utmost endeavors to oppose the proceedings of the continental -and provincial conventions, in defence of their rights and liberties; -and being judged a person not of consequence enough for a severer -punishment, was ordered to be stripped naked, well coated with tar and -feathers, and carried in a wagon publicly around the town—which -punishment was accordingly inflicted. As soon as he became duly sensible -of his offence, for which he earnestly begged pardon, and promised to -atone, as far as he was able, by a contrary behavior for the future, he -was released and suffered to return to his home, in less than half an -hour. The whole was conducted with that regularity and decorum that -ought to be observed in all public punishments.”[118] - -In the later years of the Revolution, also, there were cases of tarring -and feathering. At Charleston, South Carolina, in 1776, “John Roberts, a -dissenting minister, was seized on suspicion of being an enemy to the -rights of America, when he was tarred and feathered; after which, the -populace, whose fury could not be appeased, erected a gibbet on which -they hanged him, and afterwards made a bonfire, in which Roberts, -together with the gibbet, was consumed to ashes.”[119] - -During the campaign of April to December, 1776, for the possession of -the Hudson River, Tryon, who when governor of North Carolina had led the -militia against the Regulators, was “fomenting plots of a most dastardly -character against the persons and property of patriots. One of these was -the seizure of Washington himself. The plotters were sometimes -discovered, and, when they were, such was the exasperation of the New -York patriots that they did not hesitate to cruelly maltreat them, a -coat of tar and feathers being among the lightest penalties.”[120] - -In Virginia the manner of punishing by tarring and feathering was -likewise sometimes followed. According to Wirt, “The name of ‘British -tory’ was of itself enough, at that period (the close of the -Revolution), to throw almost any company in Virginia into flames, and -was pretty generally a signal for a coat of tar and feathers; a signal -which was not very often disobeyed.”[121] - -The practice of tarring and feathering was thus mainly confined to cases -in which popular indignation was aroused against Tories, or against -persons expressing Tory sentiments and conspiring to injure the American -cause. It is this fact that makes tarring and feathering particularly -characteristic of Revolutionary times. It is to be remembered, however, -that summary punishment was also administered in other ways. Various -other forms of corporal punishment, as well as the occasional infliction -of capital punishment, were very frequently adopted during the period of -the Revolution. - -In the preceding chapter, in the discussion of the origin of the term -lynch-law, the legislative act was cited which indemnified Charles Lynch -and some others for the part which they had taken in suppressing a -conspiracy. A similar act of indemnification was passed by the -legislature of Virginia in the year 1779. This act reads as follows: - - “WHEREAS divers evil disposed persons on the frontiers of this - commonwealth had broke out into an open insurrection and conspiracy, - and actually levied war against the commonwealth, and it is - represented to the present general assembly, that William Campbell, - Walter Crockett, and other liege subjects of the commonwealth, aided - by detachments of the militia and volunteers from the county of - Washington, and other parts of the frontiers did by timely and - effectual exertion, suppress and defeat such conspiracy: And whereas - the necessary measures taken for that purpose may not be strictly - warranted by law, although justifiable from the immediate urgency and - imminence of the danger: _Be it therefore declared and enacted_, That - the said William Campbell, Walter Crockett, and all other persons - whatsoever concerned in suppressing the said conspiracy and - insurrection, or in advising, issuing or executing any orders or - measures taken for that purpose, stand indemnified and clearly - exonerated of, and from all pains, penalties, prosecutions, actions, - suits, and damages on account thereof: And that if any indictment, - prosecution, action, or suit, shall be laid or brought against them, - or any of them, for any act or thing done therein, the defendant or - defendants may plead in bar, or the general issue, and give this act - in evidence.”[122] - -In the year 1836 the editor of the Southern Literary Messenger said that -frequent inquiry had been made in the preceding year as to the origin of -Lynch’s law. After an allusion to the historical interest of the -subject, he answered the inquiry in the following words: - - “It will be perceived from the annexed paper, that the law, so called, - originated in 1780, in Pittsylvania, Virginia. Colonel William Lynch, - of that county, was its author; and we are informed by a resident, who - was a member of a body formed for the purpose of carrying it into - effect, that the efforts of the association were wholly successful. A - trained band of villains, whose operations extended from North to - South, whose well concerted schemes had bidden defiance to the - ordinary laws of the land, and whose success encouraged them to - persevere in depredations upon an unoffending community, was dispersed - and laid prostrate under the infliction of Lynch’s law. Of how many - terrible, and deeply to be lamented consequences—of how great an - amount of permanent evil—has the partial and temporary good been - productive! - - “‘Whereas, many of the inhabitants of the county of Pittsylvania, as - well as elsewhere, have sustained great and intolerable losses by a - set of lawless men who have banded themselves together to deprive - honest men of their just rights and property, by stealing their - horses, counterfeiting, and passing paper currency, and committing - many other species of villainy, too tedious to mention, and that those - vile miscreants do still persist in their diabolical practices, and - have hitherto escaped the civil power with impunity, it being almost - useless and unnecessary to have recourse to our laws to suppress and - punish those freebooters, they having it in their power to extricate - themselves when brought to justice by suborning witnesses who do swear - them clear—we, the subscribers, being determined to put a stop to the - iniquitous practices of those unlawful and abandoned wretches, do - enter into the following association, to wit: that next to our - consciences, soul and body, we hold our rights and property, sacred - and inviolable. We solemnly protest before God and the world, that - (for the future) upon hearing or having sufficient reason to believe, - that any villainy or species of villainy having been committed within - our neighborhood, we will forthwith embody ourselves, and repair - immediately to the person or persons suspected, or those under - suspicious characters, harboring, aiding, or assisting those villains, - and if they will not desist from their evil practices, we will inflict - such corporeal punishment on him or them, as to us shall seem adequate - to the crime committed or the damage sustained; that we will protect - and defend each and every one of us, the subscribers, as well jointly - as severally, from the insults and assaults offered by any other - person in their behalf: and further, we do bind ourselves jointly and - severally, our joint and several heirs &c. to pay or cause to be paid, - all damages that shall or may accrue in consequence of this our - laudable undertaking, and will pay an equal proportion according to - our several abilities; and we, after having a sufficient number of - subscribers to this association, will convene ourselves to some - convenient place, and will make choice of our body five of the best - and most discreet men belonging to our body, to direct and govern the - whole, and we will strictly adhere to their determinations in all - cases whatsoever relative to the above undertaking; and if any of our - body summoned to attend the execution of this our plan, and fail so to - do without a reasonable excuse, they shall forfeit and pay the sum of - one hundred pounds current money of Virginia, to be appropriated - toward defraying the contingent expenses of this our undertaking. In - witness whereof we have hereunto set our hands, this 22d day September - 1780.’”[123] - -The only indication of the source from which the editor obtained this -agreement is found in the reference to “a resident, who was a member of -a body formed for the purpose of carrying it into effect.” It is upon -this reference that its authenticity depends. The agreement sounds -genuine and is not out of harmony with the condition of affairs at that -time in Virginia. Nothing is known, however, of any Colonel William -Lynch in the county of Pittsylvania, Virginia.[124] It is possible that -the man referred to was Colonel Charles Lynch of Bedford County. - -An instance of summary corporal punishment occurred in Virginia on -October 10, 1783, as is shown by the following act entitled “_An act of -indemnity to certain persons_”: “_Be it enacted by the General -Assembly_, That all and every person or persons who either directly or -indirectly committed any insult or injury against the person of a -certain Joseph Williamson, on the tenth day of October, in the year one -thousand seven hundred and eighty three, or breach of the peace on that -occasion, and which was previous to the ratification of the definitive -treaty between Great Britain and America, shall be, and they are hereby -respectively indemnified for the same, and shall be exonerated and -discharged of and from any fines, penalties, or forfeitures, which they -might have incurred thereby.”[125] - -Judge Roane’s statement that there were many suits in 1792 for -inflicting Lynch’s law indicates that there were many cases of its -infliction in the years preceding that date. It seems probable, -therefore, that the practice of administering corporal punishment in a -summary manner was very prevalent in Virginia from 1780 to 1792. - -During the period 1792–1819 accounts of lynch-law procedure are very -rare. There are but few sources of information on the subject during -that period. Indeed, it is true that the chief source of information on -the subject from 1792 to 1830 is the writings of travelers who have -chanced to witness or hear of instances of such procedure. - -Under the date of November 29, 1819, W. Faux describes the treatment -given a young Yankee, of the name of Williams, near Princeton, Indiana, -two years earlier. He was suspected of having robbed a store, but only -circumstantial evidence could be adduced against him and he was -acquitted. “The people of the place, however, prejudiced against him, as -a Yankee, deputed four persons to inform him, that unless he quitted the -town and state immediately, he should receive Lynch’s law, that is, a -whipping in the woods. He departed, with his wife and child, next day, -on foot; but in the woods, four miles from Princeton, they were -overtaken by two men, armed with guns, dogs, and a whip, who said they -came to whip him, unless he would confess and discover to them the -stolen money, so that they might have it. He vainly expostulated with -them; but, in consideration of his wife’s entreaties and cries, they -remitted his sentence to thirteen lashes. One man then bound him to a -tree and lashed him with a cow-hide whip, while the other held and -gagged him; the alarmed wife, all the time, shrieking murder. He was -then untied, and told to depart from the state immediately, or he should -receive another whipping on the morrow, as a warning and terror to all -future coming Yankees. - -“This poor fellow was of respectable parents at Berlin, in the state of -New York, and possessed a well-informed mind. He quitted the state, and -returning, soon after, to prosecute his executioners, died at -Evansville, before he had effected so desirable an object.”[126] - -In “Letters from Illinois,” the second edition of which was published in -London in 1818, Morris Birkbeck writes: - - “There is nothing that I anticipate with so much satisfaction and - security as the rapid development of society in our new country. Its - elements are rude certainly, and heterogeneous. The first settlers, - unprotected, and unassisted amid dangers and difficulties, have been - accustomed from early youth to rely on their own powers; and they - surrender with reluctance, and only by halves, their right of defence - against every aggression, even to the laws which themselves have - constituted. - - “They have been anxiously studious of mildness in the forming of these - laws, and when, in practice, they seem inefficient, they too - frequently proceed with Indian perseverance to acts of vengeance, - inconsistent with the duty of forbearance essential to social man. - Hence deeds of savage and even ferocious violence are too common to be - viewed with the abhorrence due to them. - - “This disposition is evinced continually, and acted on without any - feeling of private or personal animosity. - - “If a man, whom the public voice has proclaimed a thief or a swindler, - escapes from justice for want of a legal proof of his guilt, though - the law and a jury of his fellow citizens have acquitted him, ten to - one but he is met with before he can quit the neighborhood, and, tied - up to a sapling, receives a scourging that marks him for the rest of - his life. - - “In Kentucky, whose institutions have acquired greater maturity, such - events _have_ taken place some years ago; but now they would scarcely - be tolerated, and they will soon be matter of history only, in Indiana - and Illinois. - - “No crime but murder ‘of the first degree’ is punished with death, in - any of the western states, nor, I believe, in the Union. In Kentucky - there is a general penitentiary, for the punishment of other offences - by imprisonment and labour.”[127] - -William Newnham Blane, who traveled through the United States and Canada -in the years 1822 and 1823, described the lynch-law procedure of that -time as follows: - - “After leaving Carlyle, I took the Shawnee town road, that branches - off to the S. E., and passed the Walnut Hills, and Moore’s Prairie. - These two places had a year or two before been infested by a notorious - gang of robbers and forgers, who had fixed themselves in these wild - parts, in order to avoid justice. As the country became more settled, - these desperadoes became more and more troublesome. The inhabitants - therefore took that method of getting rid of them, that had been - adopted not many years ago in Hopkinson and Henderson counties - Kentucky, and which is absolutely necessary in new and thinly settled - districts, where it is almost impossible to punish a criminal - according to legal forms. - - “On such occasions therefore, all the quiet and industrious men of a - district form themselves into companies, under the name of - ‘Regulators.’ They appoint officers, put themselves under their - orders, and bind themselves to assist and stand by each other. The - first step they then take, is to send notice to any notorious - vagabonds, desiring them to quit the State in a certain number of - days, under the penalty of receiving a domiciliary visit. Should the - person who receives the notice refuse to comply, they suddenly - assemble, and when unexpected, go, in the night time, to the rogue’s - house, take him out, tie him to a tree, and give him a severe - whipping, every one of the party striking him a certain number of - times. - - “This discipline is generally sufficient to drive off the culprit; but - should he continue obstinate, and refuse to avail himself of another - warning, the Regulators pay him a second visit, inflict a still - severer whipping, with the addition probably of cutting off both his - ears. No culprit has ever been known to remain after a second visit. - For instance, an old man, the father of a family, all of whom he - educated as robbers, fixed himself at Moore’s Prairie, and committed - numerous thefts, &c. &c. He was hardy enough to remain after the first - visit, when both he and his sons received a whipping. At the second - visit the Regulators punished him very severely, and cut off his ears. - This drove him off, together with his whole gang; and travellers can - now pass in perfect safety, where it was once dangerous to travel - alone. - - “There is also a company of Regulators near Vincennes, who have broken - up a notorious gang of coiners and thieves who had fixed themselves - near that place. These rascals, before they were driven off, had - parties settled at different distances in the woods, and thus held - communication and passed horses and stolen goods from one to another, - from the Ohio to Lake Erie, and from thence into Canada or the New - England States. Thus it was next to impossible to detect the robbers, - or to recover the stolen property. - - “While I was staying at the house of a Mr. Mulligan in Illinois, - thirty miles from St. Louis, one of the men, who had belonged to the - gang near Vincennes, was taken up on the charge of passing counterfeit - money.... - - “This practice of _Regulating_ seems very strange to an European. I - have talked with some of the chief men of the Regulators, who all - lamented the necessity of such a system. They very sensibly remarked, - that when the country became more thickly settled, there would no - longer be any necessity for such proceedings, and that they should all - be delighted at being able to obtain justice in a more formal manner. - I forgot to mention, that the rascals punished, have sometimes - prosecuted the Regulators, for an assault. The juries however, knowing - the bad characters of the prosecutors, would give but trifling - damages, which divided among so many, amounted to next to nothing for - each individual.”[128] - -In a book entitled “Letters from the West,” which was published in -London in 1828, Judge James Hall wrote on the subject of lynch-law as -follows: - - “Among the early settlers there was a way of trying causes, which may - perhaps be new to you. No commentator has taken any notice of _Linch’s - Law_, which was once the _lex loci_ of the frontiers. Its operation - was as follows: When a horse thief, a counterfeiter, or any other - desperate vagabond, infested a neighborhood, evading justice by - cunning, or by a strong arm, or by the number of his confederates, the - citizens formed themselves into a ‘_regulating company_,’ a kind of - holy brotherhood, whose duty was to purge the community of its unruly - members. Mounted, armed, and commanded by a leader, they proceeded to - arrest such notorious offenders as were deemed fit subjects of - exemplary justice; their operations were generally carried on in the - night. Squire Birch, who was personated by one of the party, - established his tribunal under a tree in the woods, and the culprit - was brought before him, tried, and generally convicted; he was then - tied to a tree, lashed without mercy, and ordered to leave the country - within a given time, under pain of a second visitation. It seldom - happened, that more than one or two were thus punished; their - confederates took the hint and fled, or were admonished to quit the - neighborhood. Neither the justice nor the policy of this practice can - be defended; but it was often resorted to from necessity, and its - operation was salutary, in ridding the country of miscreants whom the - law was not strong enough to punish. It was liable to abuse, and was - sometimes abused; but in general, it was conducted with moderation, - and only exerted upon the basest and most lawless men. Sometimes the - sufferers resorted to courts of justice for remuneration, and there - have been instances of heavy damages being recovered of the - _regulators_. Whenever a county became strong enough to enforce the - laws, these high-handed doings ceased to be tolerated.”[129] - -In the above extracts we have a fair description of the operation of -lynch-law as it was carried westward by the emigrants from Virginia and -the neighboring States. The weakness and inadequacy of the civil -regulations, and the presence of such criminals as the horse-thief, the -counterfeiter, the robber, and the desperado, who find the frontier both -a retreat from the consequences of past crime and a new theater for the -perpetration of crime, gave a constant justification for recourse to -lynch-law. - -The usual manner of proceeding was for the settlers to consult together -and in a more or less formal way to establish “the institution of -Regulators.” Sometimes the Regulators were small bodies of men chosen by -the people to look after the interests of the community—in effect, they -were committees of safety. At other times, the Regulators were bodies of -men who voluntarily assumed the duty of policing a district. The duties -of such companies, whether known as Regulators or as Rangers or by some -other name, were to ferret out and punish criminals, to drive out -“suspicious characters,” and to exercise a general supervision over the -interests of the settlements in which they lived. Their statute-book was -the “code of his honor, Judge Lynch”[130]; their order of trial was -similar to that of a “drum-head court-martial”; the principles of their -punishment were certainty, rapidity, and inexorability. They were in -themselves judges, juries, witnesses, and executioners. - -These bodies of men bound themselves by a regular compact, to the people -and to each other, to rid the community of all thieves, robbers, -plunderers, and villains of every description. Such compacts were -usually verbal but they were sometimes in writing.[131] The compact -entered into by the Regulators of North Carolina has already been cited. -If the agreement of 1780 in Virginia, to which the editor of the -Southern Literary Messenger gave his indorsement, be accepted as -genuine, we have a record of another such compact. There is recorded, -also, a compact entered into by a company of Regulators in Illinois in -1820. It reads as follows: - - “_Know all men by these presents_: - - “That we (_here follow twelve names_), citizens of —— settlement, in - the state of Illinois, have this day, _jointly and severally_, bound - themselves together as a company of Rangers and Regulators, to protect - this settlement against the crimes and misdemeanors of, all and - singular, every person or persons whomsoever, and especially against - _all horse-thieves, and renegades, and robbers_. And we do by these - presents, hereby bind ourselves, jointly and severally as aforesaid, - unto each other, and to the fellow-citizens of this settlement, to - punish, according to the code of his honor, Judge Lynch, all - violations of the law, _against the peace and dignity of the said - people of_ —— settlement; and to discover and bring to speedy - punishment, _all illegal combinations_—to rid the country of such as - are dangerous to the welfare of this settlement—to preserve the peace, - and _generally to vindicate the law_, within the settlement aforesaid. - All of which purposes we are to accomplish as peaceably as possible: - _but we are to accomplish them one way or another_. - - “In testimony whereof, we have hereunto set our hands and affixed our - seals, this twelfth day of October, _Anno Domini_, eighteen hundred - and twenty. - - (Signed by twelve men.) - - “Acknowledged and subscribed in the presence of - - “C——T. H——n, - “J——P. D——n,” - -and five others, who seem to have been a portion of “the fellow-citizens -of this settlement,” referred to in the document.[132] - -The companies of Regulators were generally organized only temporarily to -meet some emergency in particular communities. The one striking -exception is the Regulation movement in the Carolinas. The circumstances -surrounding that movement, however, were not paralleled elsewhere. The -duration and strength of the organization there, was undoubtedly due to -the prominence of the political factor in its existence. Leaving out of -consideration the Carolina Regulation and the summary practices which -were incident to the Revolutionary War, there existed almost exclusively -down to 1830 what may be called the frontier type of lynch-law pure and -simple. This form of lynch-law procedure has always been justified on -the ground of necessity, and has been condemned only because of its -liability to abuse. As one writer has said, referring to the Regulators: -“Their acts may sometimes have been high-handed and unjustifiable, but -on the whole—and it is only in such a view that social institutions are -to be estimated—they were the preservers of the communities for whom -they acted. In time, it is true, they degenerated, and sometimes the -corps fell into the hands of the very men they were organized to punish. - -“Every social organization is liable to misdirection, and this, among -others, has been perverted to the furtherance of selfish and -unprincipled purposes; for, like prejudices and habits of thought, -organized institutions frequently survive the necessities which call -them into existence. Abuses grow up under all systems; and, perhaps, the -worst abuse of all, is a measure or expedient, good though temporary, -retained after the passing away of the time for which it was -adopted.”[133] - -If it be said that “all law emanates from the people, and is, in fact, -whether written or not, nothing more or less than certain rules of -action by which a people agree to be governed,” then the frontier type -of lynch-law is scarcely more than one step removed from genuine law. -For instance, in the year 1834, a large number of persons, citizens of -the United States, but of no particular state or territory, and beyond -the pale of the regular operations of the law, were collected at a place -called _Dubuque’s mines_, west of the Mississippi, and north of the -State of Missouri. On May 29 of that year, Patrick O’Conner, who had the -reputation of being a desperate character, shot and killed George -O’Keefe. O’Conner “was arrested by mutual consent of all parties, and, -on the next day, was duly tried, by a jury of twelve citizens, taken -from the multitude. Privilege was given to the prisoner to object to all -such as he chose not to be tried by, and he made no objections to the -mode of trial. He was allowed the privilege of choosing a friend to -counsel with him, and assist in conducting the trial.” - -After hearing the testimony of the witnesses that were called, the jury -retired, and “after a session of about two hours,” returned the -following verdict: “We, the jury selected to try Patrick O’Conner, for -the murder of George O’Keefe, on the 29th inst. after examining the -witnesses on oath, and attentively hearing and considering the testimony -against the prisoner, do unanimously agree that the said O’Conner is -guilty of murder in the highest degree, and are of opinion that the said -O’Conner has done an act which, in a land of laws, would forfeit his -life. And inasmuch as the security of the lives of the good citizens of -this country requires that an example should be made, to preserve order -and convince evil disposed persons that this is not a place where the -lives of men may be taken with impunity—we are of opinion that the said -O’Conner should be carefully secured until the 20th day of June, and -that, at the hour of 12 o’clock, of said day, the said Patrick O’Conner -be conducted to the place of execution, and there be hung by the neck -until he is dead.” This verdict was signed by the twelve members of the -jury. - -Pursuant to a public notice, a meeting of the citizens was held on June -17 to make arrangements for the execution of O’Conner on June 20. L. -Wheeler was requested to take command of a company of volunteers to act -as a guard. A committee of three was appointed to make the necessary -arrangements for the execution and burial of O’Conner. Henry Adams was -requested to act as sheriff on the day of the execution. A committee of -three was appointed to collect sums to defray the necessary expense “for -the keeping, executing, burial, &c., of said O’Conner.” It was voted -that the sheriff be allowed the sum of twenty-five dollars for the -keeping and execution of said O’Conner; and that if there were anything -over and above that amount, after all necessary expenses were paid, the -same should go to the executioner. - -“At 12 o’clock, on the day of the execution, the prisoner was taken from -his place of confinement, under a guard of a company of volunteers, -commanded by L. Wheeler, to the place of execution, where had assembled -about 1,500 citizens. He was placed on a cart, the rope was made fast to -the gallows, when the cart was driven away, leaving the prisoner -suspended between the heavens and the earth. - -“The whole proceedings were carried on with the utmost regularity and -good order. By mutual consent of all, every coffee house was kept -closed, and not a drop of spirits was sold until after the -execution.”[134] - -At the time of this affair no judicial or civil regulations were yet -established in that region. Under these circumstances, then, was Patrick -O’Conner legally executed or was he executed by lynch-law? Doubtless -most men will agree that he was, to all intents and purposes, legally -executed, and yet many instances of the operation of lynch-law on the -frontier were scarcely less justifiable, though the trial and infliction -of punishment may have been far more summary. - -In general, the punishments administered under lynch-law previous to -1830 were not severe, usually consisting of a whipping, or some other -form of corporal punishment, and banishment after a specified time. -Niles’ Register for July 17, 1824 (26: 326) contains the following: -“Kentucky.—Several murders have lately been committed in this state by -persons who call themselves ‘regulators’—but effectual measures have -been taken to arrest and punish them.” This case was evidently an abuse -of lynch-law; a band of desperadoes, presumably, adopted the name of -“regulators” as a cloak for their misdeeds, and thus sought immunity -from punishment. Capital punishment was very rarely inflicted by the -substantial and respectable settlers who sometimes found it necessary to -use lynch-law methods at this early period. - -It thus appears that the summary and extra-legal methods of punishment -adopted during colonial times, and the summary practices of the time of -the Revolution, were carried by the emigrants from the original colonies -as they pushed the line of the frontier further and further to the -westward. Frequent occasion was found on the frontier for the use of -such methods and practices to curb the activity of the lawless and the -vicious. When the legislature of Virginia authoritatively declared that -circumstances may arise under which measures, though not strictly -warranted by law, are justifiable from the imminence of the danger, it -gave expression to a principle which found ready acceptance among the -early settlers exposed to the dangers and vicissitudes of frontier life. -Though the statement of the principle by the legislature of Virginia may -not have been known, and probably was not known, to very many of those -who took an active part in the subsequent history of lynch-law, -nevertheless the principle itself was a matter of common knowledge, for -it was in the air, as it were, and it was repeatedly embodied in action. -In reality, the subsequent history of lynch-law is but the working out -of this principle under varying conditions. - - - - - CHAPTER IV - LYNCH-LAW 1830–1860 - - -With the exception of the summary practices characteristic of -Revolutionary times, the lynch-law procedure that prevailed prior to -1830 was largely of the frontier type. Even in Revolutionary times, -however, when war and political controversies had brought about a state -of social disruption leading to the adoption of lynch-law procedure in -well settled communities, many of the instances of such procedure might -properly be classified under the frontier type. In remote parts of many -of the colonies the civil regulations had never been sufficiently -established to insure the punishment of public offenders, and recourse -was had to summary and extra-legal methods on the ground that there was -a lack of courts and other requisites for legal procedure. The -Regulation movement in the Carolinas, though stimulated by political -dissension, had its basis and origin in frontier conditions; and it is -obvious that lynch-law operated under frontier conditions in the -rough-and-ready methods of administering justice which were adopted by -the pioneers who moved westward over the Alleghanies into the valley of -the Mississippi. Before about the year 1830, then, lynch-law was -confined almost entirely to the border settlements, and was generally -excused and justified on the ground of necessity. It was not regarded as -a serious menace to law and order. It was adopted merely as a temporary -expedient which was expected to fall into disuse when the civil -government and the judiciary became firmly established. - -Soon after 1830 a change took place. The anti-slavery agitation was -accompanied by a revival of lynch-law, and the practice spread -throughout the country. Not only did lynch-law continue to be exercised -occasionally in the border settlements, but it was revived in -well-established communities for the purpose of putting down -abolitionism. The early thirties witnessed many acts of violence. The -following appeared in the Massachusetts Journal in the year 1831: -“Progress of Violence.—It ought to be observed that there never was a -time of peace in which violence was so common in this country as at this -period.... Citizens who feel offended take the law into their own hands -without ceremony.” Then follows a recital of thirteen cases of violence -which occurred within two or three months, including riots, duels, -insurrections of negroes, persecutions of abolitionists, &c.[135] - -The following instances, selected with reference to the localities in -which they occurred, indicate the extent of territory over which -lynch-law practices prevailed at this time: - -“Wilmington, N. C., Sept. 28.—Three ringleaders of the late diabolical -conspiracy were executed at Onslow Court House, on Friday evening last, -23d inst. by the people. There was a fourth, who escaped during the -tumult.”[136] The editor of the Liberator adds: “‘Executed by the -people’ doubtless means executed by a mob, on suspicion of guilt, -without investigation or trial.” - -A Mr. Robinson was lashed on the bare back at Petersburg, Virginia, for -saying “that black men have, in the abstract, a right to their freedom.” -After the scourging he was told to leave Petersburg and never return or -he would be treated “worser.”[137] - -In Georgia, a man, named John Lamb, was severely treated because he had -subscribed to the Liberator. “A mob of unprincipled vagabonds assembled -around his house and violently took him out and tarred and feathered -him. They then poured oil on his head and set fire to it. They next -carried him on a rail to the river and ducked him. And then they -returned with him to a post near Darraugh and Simms’ Tavern, and whipped -him.”[138] - -The slave insurrection in Virginia under the leadership of Nat Turner -took place in August of the year 1831. The nature and extent of this -insurrection has been frequently misunderstood. On the one hand, it has -been represented as having been confined to a magisterial district; on -the other hand, its leader is said to have recruited his forces through -all Eastern Virginia and through North Carolina. Both of these views are -in a measure true.[139] - -Nat was a negro endowed with a mind capable of high attainments. He was -a careful student of the Bible and a Baptist preacher. He read the -newspapers and every book within his reach, and he was an attentive -listener at discussions of the political and social questions of the -day. But his mind grappled with things beyond its reach. The example of -Toussaint L’Ouverture in the island of Hayti, and that of Gabriel -Prosser in Richmond in 1800, together with the speeches and writings of -abolitionists, inspired him to make an attempt to “call the attention of -the civilized world to the condition of his race.” He became a complete -fanatic and believed that the Lord had destined him to free his race. -The red tint of the autumn leaves was a sign of the blood which was to -be shed. The eclipse of the sun in February and its peculiar appearance -in August, 1831, were to him omens indicating that the time had come for -him to put his plans into operation. - -For several years plans for insurrection had been maturing in Nat’s -mind, and by February, 1831, he had so far determined upon his scheme -that he related it to four of the most influential negroes of his -section. From that time every effort was made to enlist the co-operation -of other slaves, but with the greatest patience and prudence. He deemed -it possible to conquer the county of Southampton, march to the Dismal -Swamp, collecting the slaves as he went, and so gradually overcome the -State, as the Americans had the British in the Revolutionary War. - -On the night of Sunday, August 21, Nat opened the insurrection. A -misunderstanding in regard to the date deprived him of a few of his -followers, but, at the head of a small party which increased in numbers -as it proceeded, he went from house to house murdering every white -person that could be found. It is characterized as a massacre “barbarous -beyond degree.” Depredations, murders, and the most revolting crimes -were committed in cold blood. Before the insurrection was put down about -sixty whites,—men, women and children,—were slaughtered. The condition -of affairs in Southampton for about ten days after the massacre is best -described by a committee of citizens in a letter to President Jackson, -on the 29th of August, of which the following is an extract: “Most of -the havoc has been confined to a limited section of our county, but so -inhuman has been the butchery, so indiscriminate the carnage, that the -tomahawk and scalping knife have now no horrors. Along the road traveled -by our rebellious blacks, comprising a distance of something like -twenty-seven miles, no white soul now lives to tell how fiendlike was -their purpose. In the bosom of almost every family this enemy still -exists. Our homes, those near the scenes of havoc, as well as others -more remote, have all been deserted and our families gathered together -and guarded at public places in the county; and, still further, the -excitement is so great that were the justices to pronounce a slave -innocent, we fear a mob would be the consequence.”[140] - -Many of the rebellious slaves were shot on sight and some innocent -negroes suffered. Some prisoners taken near Cross Keys were shot by the -Murfreesboro troops and their heads were left for weeks stuck up on -poles as a warning to all who should undertake a similar plot. The -captain of the marines, as they marched through Vicksville on their way -home, bore upon his sword the head of a rebel. A negress who attempted -to kill a Mrs. Francis was dragged out, after she had been taken -prisoner, tied to an oak tree, and her body riddled with bullets. It is -said that some of the slaves suffered fearful torture, being burnt with -red-hot irons and their bodies being horribly mutilated, before death -came to their relief. Nat was persecuted with pin-pricks and soundly -whipped before he was put in jail to await his trial. - -According to Drewry, however, although “much excitement and rashness had -prevailed in the pursuit and capture of the rebels, the cases of mercy -and humanity overshadow those of barbarity and leave the decision in -favor of the former.” Fifty-three of the sixty or seventy negroes -connected with the massacre were brought before the county court. Of -these seventeen were executed and twelve transported. The rest were -discharged, except the four free negroes who were sent on to the -Superior Court, three of whom were executed. Nat and his three -associate-leaders, Hark, Nelson, and Sam, were hung according to the -sentence of the court. “The bodies of those executed, with one -exception, were buried in a decent and becoming manner. That of Nat -Turner was delivered to the doctors, who skinned it and made grease of -the flesh.” - -The execution of the plot was thus confined to a magisterial district of -three thousand inhabitants. Yet every effort had been made to rouse the -negroes of neighboring counties in Virginia and North Carolina. The -influence of the insurrection was wide-spread, extending to the North as -well as the South. The immediate result in many parts of the South was -the greatest excitement, alarm, and confusion. “Men went about in -groups, the militia drills were renewed, and the arms called in a few -months before, reissued.” Thomas Gray, who lived in Southampton, said: -“It is the first instance in our history of an open rebellion of the -slaves, and attended with such atrocious circumstances of cruelty and -destruction as could not fail to leave a deep impression, not only on -the minds of the community where the fearful tragedy was wrought, but -throughout every portion of our country in which this population is -found.” In the North the immediate effect was a more pronounced -conviction of the evils of slavery. In general, the effect of the -Southampton insurrection was to center public consideration on the slave -question.[141] Its influence was indirect, rather than direct, in -stimulating recourse to lynch-law in the country. - -During the spring and summer of 1834 there was a great deal of rioting -in which Irishmen were principally concerned. Several riots occurred in -New York City and in Philadelphia between whites and blacks, which were -said to be due to the abolitionists having stirred up the blacks.[142] -The following appeared in the Boston Whig in October, 1834: “The history -of the proceedings of the past year furnishes examples of outrage and -violence altogether unprecedented in the annals of our country. It would -seem that the supremacy of the laws is to be no farther regarded than it -coincides with the caprices and prejudices of an infuriated and -misguided and ignorant populace.... Mobs, which now seem to be the order -of the day, are of recent origin among us.... Our newspapers now, with a -few honorable exceptions, encourage these outrages and barbarous -proceedings, and by the inflammatory articles in their columns, incite -to the commission of the most heinous crimes.”[143] - -The expression “Lynch’s law” first appears in the Liberator in the issue -of September 27, 1834 (4: 153), in an extract from the Lancaster -(Pennsylvania) Journal. The passage quoted is as follows: “In our quiet -village of New Holland, we understand _Lynch’s law_ was carried into -execution last week, against a stranger who had given some offence to -the inhabitants. The man was taken from his domicile, tarred and -feathered in the true Yankee style, marched out of town and let run. We -have not heard the cause of this summary proceeding.” - -Another extract from the Lancaster Journal reads as follows: “We have -heard of another case of an appeal to Lynch’s code. A celebrated -Philadelphia doctor, a disciple of the Tappan school, who could not find -room for the overflowings of his milk of human kindness in the city of -brotherly love, paid a visit to Columbia, in this county, a few days -since, prepared, it is said, to deliver a course of amalgamation -lectures. A barrel of tar was purchased, and a pillow well stuffed with -feathers procured for the occasion. A hint of these proceedings was -given to the learned Doctor’s friends, who did not keep the secret, and -the Doctor not wishing to be exhibited in the costume of a goose, took -wing in an eastern direction, and has not been heard of since.”[144] - -The expression “Lynch’s law” first appears in Niles’ Register under the -date of October 5, 1833 (45: 87), in an extract from the St. Louis -Republican. The quotation is as follows: “‘Lynch’s Law.’ We have heard, -that capt. _Slick_ summoned his corps the other night, and obtained -possession of a man with whose misdeeds they had become familiar, -carried him to the prairie near town, and administered ‘Lynch’s Law’ -upon him in fine style. He received about fifty lashes—and was ordered -to decamp. The offence consisted in cheating at the gaming table—whereof -he was over-fond.... Several very effective demonstrations have been -made upon the gamblers in and about town, and they have been obliged to -make themselves scarce. This is as it should be.” - -Lynch-law proceedings were inaugurated against gamblers in Virginia -about a year later. Niles’ Register for October 4, 1834 (47: 66) says: -“Large nests of gamblers in Richmond and Norfolk were completely routed, -a short time ago, by summary processes—numerous bodies of young men -having taken the matter in charge. They broke into the gambling houses, -and destroyed all the apparatus and furniture—but farther than this, -committed no acts of violence. Some curious disclosures of the great -profits made by the knaves have been brought to light by these -proceedings.” - -The most notorious case of an appeal to summary procedure against -gamblers occurred in July, 1835, at Vicksburg, Mississippi. Professional -gamblers had for years made Vicksburg their rendezvous and certain -sections of the city were almost wholly given over to them. Frequently, -in armed bodies, they disturbed the good order of public assemblages, -insulted citizens on the streets, and openly defied the civil -authorities. The laws were found ineffectual for their punishment; their -numbers and their crimes continually increased.[145] At a barbecue on -the Fourth of July one of these gamblers, named Cakler, became insolent -and created a disturbance. Later a meeting was held and an anti-gambling -society was organized. “It was determined to take him (Cakler) into the -woods and _Lynch_ him—which is a mode of punishment provided for such as -become obnoxious in a manner which the law cannot reach. He was -immediately carried out under a guard, attended by a crowd of -respectable citizens—tied to a tree, punished with stripes—tarred and -feathered; and ordered to leave town in forty-eight hours.” The -following morning public notice was given that all gamblers must leave -the town in twenty-four hours. That night another was “Lynched.” The -next morning the citizens understood that a noted gambler, named North, -had defied them, barricaded his house, and together with some of his -fellows had made preparations to stay in the town. The volunteers were -immediately assembled and, followed by a crowd of citizens, marched to -North’s residence and demanded an unconditional surrender. This was -refused. The house was then surrounded and an attempt made to force an -entrance. Just as the door was burst open, Dr. H. S. Bodley, a highly -respected citizen, was shot and instantly killed by the gamblers. -Greatly incensed at this, the crowd rushed into the building and dragged -out the inmates, one of whom had been seriously wounded, hurried them -without ceremony to the common gallows and hanged them. Five gamblers -were thus executed at this time and their bodies left suspended for -twenty-four hours.[146] - -About the time of the Vicksburg affair suspicion was aroused in Madison -County, Mississippi, that the Murrell gang had organized the blacks for -an insurrection.[147] “Two individuals, by name Cotton and Saunders, -both of them steam doctors by profession,” were thought to be -prominently connected with the scheme. A “committee of investigation” -was appointed by a mass-meeting of the citizens and as a result of the -investigation the two “steam doctors” and three other white men were -hanged, and also several negroes, “some ten or fifteen,” without any -process at law.[148] - -J. H. Ingraham, writing of conditions in Mississippi at about this time, -after describing a “chain gang” of negroes, uses the following language: -“In Natchez, negro criminals only are thus honored—a coat of tar and -feathers’ being applied to those white men who may require some kind of -discipline not provided by the courts of justice. This last summary -process of popular justice, or more properly excitement, termed ‘Lynch’s -law’, I believe, from its originator, is too much in vogue in this -state. In the resentment of public as well as private wrongs, -individuals have long been in the habit of forestalling and improving -upon the decisions of the courts, by taking the execution of the laws -into their own hands.... The want of a penitentiary has had a tendency -to keep this custom alive in this state longer than it would otherwise -have existed. When an individual is guilty of any offence, which renders -him amenable to the laws, he must either be acquitted altogether or -suffer death.”[149] - -Lynch-law was also known in the eastern states at this time. Not only -were there mobs which dealt summarily with offenders, as in the year -1831, but their proceedings were known by a different name. It was now -no longer simply “mobs” and “mobocracy,” but “Lynch’s law,” and “Judge -Lynch’s court” as well. The Boston Daily Advertiser in July, 1835, gave -expression to the following, under the heading “Lynch’s Law”: “We have -had occasion of late to advert to the use of this term in our paper, as -indicating punishments, wantonly and in disregard of law, applied in -certain portions of our country to individuals suspected or guilty of -crime.”[150] On the night of September 10, 1835, a gallows was erected -in Brighton Street, Boston, in front of Mr. Garrison’s house, with two -ropes suspended therefrom. On the crossbar was the inscription “Judge -Lynch’s law.”[151] - -The following appeared in Niles’ Register, October 3, 1835 (49: 76–7): -“Our village (Kanawha Salines, W. Va.) was thrown into considerable -commotion on Friday morning last in consequence of the arrival of judge -Lynch among us. His business was soon ascertained, and by his authority -four white men from Ohio were soon arrested and tried before 12 -intelligent persons of our county, for endeavoring to persuade several -slaves to leave their masters, for some free state.... These congenial -spirits of Garrison, Tappan & Co. were arrested in the neighborhood of -our village, tried, condemned, and received the sentence pronounced on -them by the jury. That is to say, Joe Gill and the elder Drake to -receive nine and thirty lashes each, and leave the county in 24 hours; -the younger Drake, with Ross, to be discharged for want of evidence, but -with a promise from them that they would also quit the county in 24 -hours. The evidence ... produced an unanimous verdict on the part of the -jury, that two should be _lynched_ and the other two excused, provided -they would leave this part of the country.” - -The following appeared in Niles’ Register, December 5, 1835 (49: 228): -“Lynch law in Colerain. The sect known as perfectionists have recently -been making some converts in Colerain (Franklin County, Mass.), and -holding meetings there considerably to the annoyance of the majority of -the inhabitants. We learn that one of the leaders ... who was suspected -of taking with his female disciples some liberties inconsistent with the -holiness of his profession, was taken out a few days since, ridden -nearly three miles upon a rail, tarred and feathered, and dismissed, -with an admonition to quit the town—a piece of advice with which he has -since complied.”[152] - -Some idea of the prevalence of mob violence and lynch-law procedure in -1835 is obtained from the following editorials in Niles’ Register: - - “Meetings have been held at Danville, Kentucky; at Richmond and - Petersburg and many other towns in Virginia; at Charleston, South - Carolina; at many places in Mississippi; and, indeed, it may be - generally said in all the south and southwest in consequence of the - flood of incendiary publications let loose by a few ‘anti-slavery’ men - of the north, inciting the negroes to insurrection, and murder, and - desolation; and, at as many places, perhaps, a like spirit has been - shown against _gamblers_. Anti-gaming societies have been introduced - in a number of cities and towns. _Executions_ by ‘Lynch law,’ have - been numerous. Acts of personal violence, on other accounts, some of - which are terrific, also abound. Society is in an awful state. What is - the cause of it?”[153] - - “During the last and the present week we have cut out and laid aside - more than 500 articles, relating to the various _excitements_ now - acting on the people of the United States, public and private! - _Society seems everywhere unhinged_, and the demon of ‘blood and - slaughter’ has been let loose upon us! We have the _slave_ question in - many different forms, including the proceedings of _kidnappers_ and - _manstealers_—and others belonging to the _free negroes_: the - proscription and prosecution of _gamblers_; with mobs growing out of - _local matters_—and a great collection of acts of violence of a - _private_, or _personal_ nature, ending in death; and regret to - believe, also, that an awful _political_ outcry is about to be raised - to rally the ‘poor against the rich’! We have executions, and murders, - and riots to the utmost limits of the union. The character of our - countrymen seems suddenly changed, and thousands interpret the law in - their own way—sometimes in one case, and then in another, guided - apparently only by their own will!... We lately gave, by way of a - specimen, a few articles of a nature similar to those now in our - possession. We cannot consent to hold up our country to the contempt - and scorn of the old world, and shall, therefore, generally suppress - them, though some cases of peculiar atrocity must be inserted. Let the - laws rule. And let no one do anything that may have a tendency to - bring them into popular disrespect!”[154] - -Even though some allowance for exaggeration in the above statements may -be necessary, there yet remains unquestionable evidence of a very -unsettled state of affairs.[155] An editorial written in a less -sensational style appeared in the Register in October. The first -sentences are as follows: “Meetings of the people have been held in -nearly all the chief cities and towns in the northern states—at which -the proceedings of the abolitionists were rejected and disavowed, with -great unanimity and much zeal. And in the south we almost daily hear of -‘judge Lynch,’ and of persons who are flogged and driven away, or -‘executed,’ under sentences rendered by him.”[156] - -Judge Jay in a charge to a Grand Jury at White Plains, New York, in -November, 1835, referred to the “spirit of lawless violence” that was -abroad in the land, and spoke of the danger to civil and religious -liberty if it were not arrested. About the same time, Judge Cranch, in a -similar charge to a Grand Jury in the District of Columbia, spoke of the -“state of excitement” which existed in some parts of the country.[157] - -Some attributed the cause of all this excitement to the -abolitionists.[158] A correspondent of the Medina (Ohio) Free Press -early in the year 1836 wrote as follows: “When a body of men with such -feelings and principles, begin to distract the nation with their mad -schemes, it is high time for a community to notice them. I am no -advocate of Lynch law, but I must say that if Lynch law must be -practised, I know of no fitter subjects for its operation than such -fanatics.”[159] The following appears in an article on Lynch Law in -America published in England in 1877: “Among the institutions specially -American, few have had worse odour in England than what is commonly -known as ‘Lynch law.’ In the time of the anti-slavery agitation the -recourse to Lynch law by the supporters of ‘the domestic institution,’ -or ‘involuntary servitude,’ as it was euphoniously called, caused just -indignation. It was by Lynch law that men who dared to speak against -slavery were silenced in the Slave States.”[160] Thus, the defenders of -slavery in the Southern States were highly incensed at the interference -of abolitionists whom they felt knew but little about the actual -conditions, and laid upon the shoulders of these “fanatics” the blame -for the necessity of resorting to lynch-law; the abolitionists, on the -other hand, said that lawless violence was the direct result of -slavery[161] and the attempt of the South to put down free discussion by -means of force. - -The years of Jackson’s presidency, 1829–1837, have been distinguished by -political writers as the Jacksonian period,—a period in which there was -an unusual amount of turbulence and violence. It has been repeatedly -suggested that Jackson’s own arbitrary temperament and example did -something to set this fashion. “It is, however, more just to see, both -in the President himself and in the mobs of his time of power, symptoms -of one and the same thing; namely, a great democratic upheaval, the -wilful self-assertion of a masterful people, and of a man who was their -true representative.... During Jackson’s eight years everything is -changing; both society and politics are undergoing revolution; deep -organic processes are in progress; significant atmospheric changes are -setting in.”[162] “It is not possible that a growing nation should -spread over new territory, and feel the thrill of its own young energies -contending successfully with nature in all her rude force, without -social commotions and a certain recklessness and uproar. The contagion -of these forms of disorder produces other and less excusable -forms.”[163] - -The cause for all the turbulence and violence lay deeper than -abolitionism, slavery, or the character of political leaders. These were -merely the manifestations of the disruption of underlying social forces -which were warring against each other while seeking to come to a stable -equilibrium under new and changed conditions. Society was in process of -reorganization. It was a time of social readjustment. This was the -condition of society which existed, and it was a condition conducive to -the spread of lynch-law. - -It was due to this fact that the term lynch-law gained a permanent place -in the English language. Early in the forties, as mentioned in the -introduction, the dictionaries admitted the term to their list and thus -gave to it the seal of their approval. A writer in Harper’s Magazine for -May, 1859 (p. 794) says: “I think I had never heard of lynch-law until -about the year 1834, when the citizens of Vicksburg organized themselves -into a Court of Uncommon Pleas, with special reference to certain men in -their midst who were, or were said to be, ‘living on the borders of the -law.’ And I well remember, boy as I was, the sensation with which the -news of the hanging of the Vicksburg gamblers was received in the old -States, and how soon the terms ‘Lynch law’ and ‘lynching’ became -familiar as household words.” It was the application of lynch-law, then, -to the gamblers infesting the towns along the Mississippi River that -familiarized the public with the term, and it was the constant exercise -of summary methods of punishment against abolitionists and other -unpopular individuals in various parts of the country that furnished the -occasion for its continued use. - -In the month of May, 1835, two negroes were burned to death near Mobile, -Alabama, for “most barbarously murdering” two children. The murderers -had their trial, the result of which is given in the following paragraph -taken from a Mobile paper: “As the Court pronounced the only sentence -known to the law—the smothered flame broke forth. The laws of the -country had never conceived that crimes could be perpetrated with such -peculiar circumstances of barbarity, and had therefore provided no -adequate punishment. Their lives were justly forfeited to the laws of -the country, but the peculiar circumstances demanded that the ordinary -punishment should be departed from—they were seized, taken to the place -where they had perpetrated the act, and burned to death.”[164] - -A case of burning alive, which on account of the subsequent events -gained great notoriety, occurred at St. Louis, Missouri, April 28, 1836. -One writer designated it as “the execution of ‘Lynch Law’ upon a yellow -fellow, by means of a slow fire.” A colored man was arrested on board a -boat by a deputy sheriff and a constable. Another colored man, a free -mulatto, assisted him to escape, and the officers immediately arrested -the mulatto. He, however, turned upon the officers, drew a knife and -stabbed Deputy Sheriff Hammond, killing him instantly, and also -seriously wounded Mr. Mull, the constable. He was finally captured, -however, and locked up in the jail. Later the people assembled and, -after threatening to tear down the jail if he was not delivered to them, -secured the prisoner, conducted him to the outskirts of the city, placed -a chain round his neck and a rope round his body, and thus fastened him -to a tree a few feet from the ground. A fire was then placed round the -tree and he was roasted alive.[165] - -When this case came up for consideration before the Grand Jury of St. -Louis County, Judge Lawless—according to subsequent comments rightly -named—made the following charge: - - “I have reflected much on this matter, and after weighing all the - considerations that present themselves as bearing upon it, I feel it - my duty to state my opinion to be, that whether the Grand Jury shall - act at all, depends upon the solution of this preliminary question, - namely, whether the destruction of McIntosh was the act of the ‘few’ - or the act of the ‘many.’ - - “If on a calm view of the circumstances attending this dreadful - transaction, you shall be of opinion that it was perpetrated by a - definite, and, compared to the population of St. Louis, a _small_ - number of individuals, separate from the mass, and evidently taking - upon themselves, as contradistinguished from the multitude, the - responsibility of the act, my opinion is that you ought to indict them - all, without a single exception. - - “If on the other hand, the destruction of the murderer of Hammond was - the act as I have said, of the many—of the multitude, in the ordinary - sense of those words—not the act of numerable and ascertainable - malefactors, but of congregated thousands, seized upon and impelled by - that mysterious, metaphysical, and almost electric phrenzy, which, in - all nations and ages, has hurried on the infuriated multitude to deeds - of death and destruction—then, I say, act not at all in the matter—the - case then transcends your jurisdiction—it is beyond the reach of human - law.”[166] - -It was for denouncing the burning of this colored man and violently -attacking Judge Lawless in his Observer that the Rev. E. P. Lovejoy had -his printing-office destroyed by a mob in St. Louis, and was forced to -remove his paper to Alton, Illinois. He did not cease to express his -convictions, however, and neither did his persecutions cease. Three -times his press was destroyed by mobs. On November 7, 1837, while -endeavoring to protect his property, he met his death at the hands of an -Alton mob. - -In an address on “The Perpetuation of our Political Institutions,” -delivered before the Young Men’s Lyceum of Springfield, Illinois, on -January 27, 1837, Abraham Lincoln characterized the spirit of the times -in the following way: - - “Accounts of outrages committed by mobs form the everyday news of the - times. They have pervaded the country from New England to Louisiana; - they are neither peculiar to the eternal snows of the former nor the - burning suns of the latter; they are not the creature of climate, - neither are they confined to the slaveholding or the non-slaveholding - States. Alike they spring up among the pleasure-hunting masters of - Southern slaves, and the order-loving citizens of the land of steady - habits. Whatever then their cause may be, it is common to the whole - country. - - “It would be tedious as well as useless to recount the horrors of all - of them. Those happening in the State of Mississippi and at St. Louis - are perhaps the most dangerous in example and revolting to humanity. - In the Mississippi case they first commenced by hanging the regular - gamblers—a set of men certainly not following for a livelihood a very - useful or very honest occupation, but one which, so far from being - forbidden by the laws, was actually licensed by an act of the - legislature passed but a single year before. Next, negroes suspected - of conspiring to rise an insurrection were caught up and hanged in all - parts of the State; then, white men supposed to be leagued with the - negroes; and finally, strangers from neighboring States, going thither - on business, were in many instances subjected to the same fate. Thus - went on this process of hanging, from gamblers to negroes, from - negroes to white citizens, and from these to strangers, till dead men - were literally dangling from the boughs of trees by every roadside, - and in numbers almost sufficient to rival the native Spanish moss of - the country as a drapery of the forest. - - “Turn then to that horror-striking scene at St. Louis. A single victim - only was sacrificed there. This story is very short, and is perhaps - the most highly tragic of anything of its length that has ever been - witnessed in real life. A mulatto man by the name of McIntosh was - seized in the street, dragged to the suburbs of the city, chained to a - tree, and actually burned to death; and all within a single hour from - the time he had been a freeman attending to his own business and at - peace with the world. - - “Such are the effects of mob law, and such are the scenes becoming - more and more frequent in this land so lately famed for love of law - and order, and the stories of which have even now grown too familiar - to attract anything more than an idle remark.”[167] - -The following paragraph appeared in the Southern Literary Messenger in -the year 1839 (5: 218): “Forty years ago, the practice of wreaking -private vengeance, or of inflicting summary and illegal punishment for -crimes, actual or pretended, which has been glossed over by the name of -_Lynch’s Law_, was hardly known except in sparse, frontier settlements, -beyond the reach of courts and legal proceedings.” - -The above quotations set forth clearly the condition of affairs in the -United States at this time. It was the spirit of the times, rather than -any particular cause, which brought about recourse to lynch-law -practices. Lynch-law was invoked for no particular offense to the -exclusion of all other offenses; neither was it peculiar to any one -section of the country. From having been practised only in the border -settlements as a temporary means of suppressing lawlessness until the -civil regulations could be established, lynch-law methods had come to -prevail even in well settled communities. Those writers who expressed -the opinion about 1830 that lynch-law was dying out did not foresee the -great popular excitement which existed during Jackson’s administration. -The anti-slavery agitation acted as a spark in a tinder-box and seemed -to beget a spirit of lawlessness in every part of the country. To the -inflamed imagination of the popular mind the slightest provocation -seemed a serious offense. The law did not reach such offenses, or they -were deemed to be inadequately punished by the law, and this seemed to -the people a justification for summary punishment. - -In the slave States such punishment was generally a whipping or -flogging, often followed by tarring and feathering, inflicted upon -abolitionists or any persons suspected of “tampering with the slaves,” -or distributing “incendiary tracts.” In cases of a suspected conspiracy -for an insurrection among the slaves the supposed leaders were often -summarily punished, sometimes by the infliction of the death penalty. - -Along the Mississippi River, the gamblers had aroused the resentment of -the peace-loving portion of the community by their vices and excesses of -various kinds. In many places they were able to bid defiance to the -civil authorities and laugh at threats of enforcing the law against -them. Here again the exigencies of the situation seemed to the people to -justify the adoption of lynch-law. This case of the summary treatment of -the gamblers may be regarded as a transition from the frontier type of -lynch-law to the sporadic and epidemical type which later prevailed in -the well settled States. - -The author of a book published in London in 1837 wrote: “The Lynch-law, -is not, properly speaking, an opposition to the established laws of the -country, or, is at least, not contemplated as such by its adherents; but -rather as a supplement to them,—a species of _common_ law, which is as -old as the country, and which, whatever may be the notion of ‘the -_learned_ in the law,’ has nevertheless been productive of some of the -happiest results.”[168] - -In 1839, F. Marryat wrote: “The Lynch law of the present day, as -practiced in the States of the West and South, may be divided into two -different heads: the first is, the administration of it in cases in -which the laws of the States are considered by the majority as not -having awarded a punishment adequate, in their opinion, to the offence -committed; and the other, when from excitement the majority will not -wait for the law to act, but inflict the punishment with their own -hands.”[169] - -Occasionally innocent persons suffered the violence of lynching -mobs,[170] and sometimes damages were secured through the courts for -having suffered lynch-law. Cases of this nature were not uncommon in the -early history of the operation of lynch-law in Virginia,[171] and in the -later thirties similar suits were instituted in the courts. On September -4, 1835, certain inhabitants of Brownsville, Tennessee, constituted -themselves a lynch court for the trial of Anson Moody, suspected of -being a kidnapper, or slave stealer. They seized him in the dead of -night, tried him, convicted him, and then proceeded to punishment by -inflicting one hundred lashes with a “cowskin,” branding him on the -cheek with the letter R and commanding him to leave the country. A jury -in the Circuit Court of the United States for the District of West -Tennessee gave him a verdict of $2,000 and costs against five of the -members of the Lynch court.[172] - -In Yazoo, Mississippi, a Mr. Harris, for some real or supposed offense, -was “severely lynched” by H. W. Dunn, C. W. Bain, and others. He -prosecuted those two individuals for the outrage, and the case was tried -in the circuit court of Yazoo County. The jury returned a verdict for -the plaintiff of $20,000.[173] - -Two young men in Fayette County, Tennessee, were sentenced to three -months’ imprisonment and to pay a fine of $50 each for assisting to ride -John T. Foster on a rail. The said Foster died in consequence of the -injuries he received during the outrage.[174] - -Sherman Thompson and Samuel Thompson, of Meriden, Connecticut, were -sentenced to pay a fine of $20 each and to suffer imprisonment in the -common jail for the term of six months for having participated in an -outrage upon the Rev. Mr. Ludlow in October, 1837.[175] - -The Grand Jury of Alton, Illinois, found bills of indictment against a -number of individuals concerned in the affair of November 7, 1837, when -Lovejoy was killed, but the suits were evidently not pushed against -them. In the trial of Rock, one of the assailants, which came up before -the municipal court, the jury returned a special verdict that the -defendant, in their opinion, was guilty of the various charges in the -indictment, but that they return him not guilty on a question of -jurisdiction.[176] - -Previous to 1840 the verb lynch was occasionally used to include capital -punishment, but the common and general use was to indicate a personal -castigation of some sort. “To lynch” had not then undergone a change in -meaning and acquired the sense of “to put to death.”[177] Webster’s -Dictionary, edition of 1848, gives: “Lynch, v. t. To inflict pain, or -punish, without the forms of law, as by a mob, or by unauthorized -persons,” and “Lynched, pp. Punished or abused without the forms of -law.” These same definitions still stand in the edition of 1876. It was -not until a time subsequent to the Civil War that the verb lynch came to -carry the idea of putting to death. Men were punished with death “by -Lynch-law” and “by order of Judge Lynch,” but it is so stated in every -such case that death was inflicted. - -A few typical instances of the use of the word will illustrate the -point. The St. Louis Bulletin, November 21, 1835, contained the -following item: “Fuller and Bridges, the men suspected of having -kidnapped Major Dougherty’s slaves ... were soundly flogged, or in other -words—_Lynched_, and set on the opposite side of the river, with the -positive assurance that, if they were again found within the limits of -the State of Missouri, their fate should be death by hanging.”[178] - -Niles’ Register for December 5, 1835 (49: 228) heads a paragraph taken -from the Louisiana Advertiser “More Lynching.” The paragraph tells of -the murder of John W. Brock by John Joseph Short, who was “tried in a -summary manner, and executed, by hanging.” - -Under the title “Lynchers Lynched” the following language was used in -the Liberator for September 24, 1836 (6: 155): “A party of from 6 to 12 -persons proceeded to the house of Judge Bermudez last night ... their -object being, as it is supposed, to assault or Lynch the Judge.” - -The following passage is from the Liberator, August 17, 1838 (8: 131): -“Lynching. A man named John Miles, who hails from Cincinnati, received -100 lashes in Adams county, Mississippi, for endeavoring to entice -negroes away.” - -Under the heading “Horrible Lynching” the following item, taken from the -Southern Mississippi Sun of the 19th ult., appears in Niles’ Register -for December 14, 1839 (57: 256): “Crook and Carter who were confined in -the jail of Scott county for murder, have been taken by force from -prison by some of the citizens of that county and hung! It will be -recollected that they once made their escape from the jail and were -retaken.—They were brought to Rankin county two or three weeks since for -trial, but were remanded for want of some testimony. The people have -taken the law into their own hands, and executed them without a trial.” - -The ordinary use of the term at this time was very well stated by Philip -Hone when he wrote in his diary on August 2, 1835: “A terrible system -prevails in some of the Southern and Western States, which consists -in ... beating, tarring and feathering, and in some cases hanging the -unhappy object of their vengeance, and this is generally called ‘Lynch’s -Law.’”[179] - -Instances may be cited showing that the term continued to be used in -this way down to 1860. Niles’ Register for August 24, 1844 (66: 428) has -this paragraph: “Judge Lynch. Four men, Rea, Mitchell, White and Jones, -were tried and condemned before his honor, Chief Justice Lynch, on the -16th inst. at South Sulphur, Texas, for killing two men and one boy of -the Delaware tribe of friendly Indians. They were executed under said -sentence, the next day, in the presence of a large number of persons.” - -In the year 1845 there were some lawless proceedings in Scott County, -Missouri. Niles’ Register for July 26, 1845 (68: 325) describes the -occurrence in the following way: “A party of men ... were charged with -burning the houses, stocks, etc. and doing other injuries to a man named -Lane. Some of his neighbors collected and caught several of the persons -charged, lynched them, and ordered them to leave the county, which they -did. A few days ago, they returned with a considerable party and avowed -their determination to drive out or be avenged on Lane and those who had -assisted to lynch and drive them away.” - -The following item is taken from the St. Louis Reveille for October 2, -1845: “It is reported that the two men named Redman, brothers, with five -others, were recently arrested in the vicinity of Davenport, charged -with the murder of Colonel Davenport. Suspicion was strong as to their -guilt. We have heard rumors that Lynch law had been inflicted upon both -the Redmans since their arrest—that they both were hung.”[180] - -Niles’ Register for January 17, 1846 (69: 320) gives the following: -“Lynching in Florida. A man by the name of Yeoman, accused of being a -noted slave stealer—having been discharged by Judge Warren, of Baker -County, Georgia, on a writ of _habeas corpus_ ... on his arrival at -Jefferson County, Florida, ninety citizens assembled and took a formal -vote, which stood 67 for and 23 against hanging him. He was executed -accordingly at 12 o’clock, on the 2d inst.”[181] - -In 1855 several negroes were summarily executed by mobs in Tennessee. -The Liberator gives an account of these occurrences under the heading, -“Hanging Negroes in Tennessee by Judge Lynch’s Code.”[182] - -In the Liberator, January 18, 1856 (p. 12), it is stated that “Judge -Thomas Clingman, of Carroll county, Missouri, was murdered, about the -middle of October, by one of his field slaves. The murderer was -instantly hung by Lynch law.” - -The Liberator, May 2, 1856 (p. 72), contains this paragraph, taken from -the Western Herald: “Lynch Law in Virginia.—A man named William -Hornbeck, living in Lewis County, Virginia, for the alleged -ill-treatment of his family, was lynched by the young men in the -neighborhood, one night last week.—Stripped of his clothing, rode on a -rail, made to run through a briar patch, a stout paddle used to keep him -going, and a coat of tar and feathers applied.” - -The Liberator, December 4, 1857 (p. 196) copies the following account of -the manner in which an abolitionist was lynched in Mississippi: “... A -crowd took him to the woods, told him to strip, carried to a hollow and -tied around a tree. He was then told what was their intention: to lynch -him until he told something. The lashing was commenced by two who used -straps fastened to sticks about 10 in. long....” - -The same issue of the Liberator contains the following: “Lynch Law -Proceedings.—In Barton County, Southwestern Missouri, great excitement -has recently existed on account of the doings of a set of lawless -wretches called ‘Slickers,’ who pretended to be after a horse-thief, but -who ‘slicked’[183] or barbarously beat several men until their lives -were despaired of, and when women interfered, some were badly beaten and -others violated....” - -The following paragraph appeared in the Liberator, December 31, 1860 (p. -211): “Lynch Law Again.—Two white men named Waters and a mulatto named -Wilson, at Mosely Hall, a village in North Carolina, were arrested a few -days ago for hurraing for Lincoln and the Abolitionists and severely -beating a citizen who remonstrated with them. They were immediately -tried by a jury, who ordered them to be whipped, and to have their heads -shaved. The verdict was carried out on the spot.” - -The use of the word lynch in a story entitled “Jack Long; or lynch-law -and vengeance,” which appeared in the American Whig Review for February, -1845, purporting to be a true story of frontier life in Shelby County, -Texas, fully bears out the assertion that “to lynch” was generally -understood at that time to mean to whip or to maltreat. According to the -story a band of men calling themselves “Regulators,” led by a ruffian, -terrorized the county. Once they lynched, that is, lashed to a tree, -whipped and beat, Jack Long, leaving him for dead. He recovered and left -the county in obedience to their orders, but later came back and shot -all but two of the “Regulators.” - -It should be said, however, that the instances of the application of -lynch-law which are given in Niles’ Register and the Liberator from 1830 -to 1860 show an increase in the severity of the punishment administered. -As the slavery controversy went on and the breach widened between the -North and the South, it was but natural that such should be the case. -Many people in the South felt that no punishment was quite severe enough -for an abolitionist. Crimes committed by negroes were also treated with -greater severity. The following extract from a private letter, dated -Houston, Texas, August 23, 1860, to a friend in Hartford, Connecticut, -expresses a sentiment felt at that time in many sections of the South: -“Tell your abolition friends to go on and soon they will have the -pleasure of seeing the negro reduced to such a state of hopeless bondage -that they may well pity them. I solemnly declare that to-day the negro -is not as free as he was two or five years ago; and why? Simply because -his master has been goaded on to desperation by incendiary acts and -speeches. Now he fears the negro, and binds him down as you would a -savage animal. One year ago, all was peace and quietness here. The negro -was allowed to go out, to have dances and frolics; to-day one dare not -show his head after nine o’clock in the evening. Seven companies of -patrols are organized and guard the city each night, sixteen -horse-patrol scour the country around. Forty-eight vigilance men say -live, banish or die, as the proof may go to show. And so it is all over -the country. Men are hung every day by the decision of planters, -lawyers, judges and ministers. It is no hot impetuous act, but cool, -stern justice. It is the saving of wife and daughter, mother and sister -from the hand of desecration. It is the stopping of scenes that would -make the Druses and Turks blush for shame.”[184] - -At the time this letter was written, and during the three years -preceding, there was a great deal of excitement in Texas. Vigilance -societies were in active operation against desperadoes and -abolitionists. In 1857 a vigilance committee in the “upper country,” as -it was then called, was “raking the country fore and aft and swinging -every horse-thief and murderer,” that could be found. A traveler saw -twelve bodies suspended from one tree and on another tree five.[185] In -the summer of 1860 there was an insurrection and conspiracy in Dallas, -Ellis, Tarrant and Denton counties, in northern Texas. The three -ringleaders, Sam, Cato, and Patrick, were hung by a vigilance committee -on July 24. Twenty-two insurrectionists in all were said to have been -hanged.[186] This condition of affairs must be taken into consideration -in connection with the statements made in the above letter and the fears -and prejudice therein expressed. - -When drawing any conclusions from the instances recorded in the -newspapers as to the history of lynch-law during this period, there is -another fact to be kept in mind. During the later years the facilities -for obtaining news were greatly increased; the means of communication -between different parts of the country were very much improved and the -number of newspapers published had rapidly increased. There were no -doubt many cases of the administration of summary justice in the remote -districts during the thirties and the early forties which never came to -the notice of either the Liberator or Niles’ Register. There is, -however, abundant evidence to make the conclusion a safe one that -lynch-law was more and more resorted to during this period and that the -punishments administered under that name by vigilance committees and -mobs came to be more and more severe, death being frequently inflicted -during the later years. - -The Parkville (Mo.) Democrat made the following statement in the year -1856: “Deeds of daring and outrages perpetrated by negroes, are -constantly becoming more frequent. We hope that the proper authorities -will see to it that all such cases are punished to the extent of the -law.”[187] The Liberator for May 2, 1856 (p. 72) contains an item which -reads in this way: “In Hancock County, La., Samuel L. Watson, a negro -overseer, whipped one of the negroes under him, and a few days after, -the negro caught him in a field and beat him with a club till he died. -The tragedy closed in the usual way, by the summary hanging of the negro -by the populace.” There are indications, therefore, that crime was on -the increase among the negroes at this time and that the whites had -cause for inflicting more rigorous punishment. - -The following editorial appeared in the Liberator, December 19, 1856 (p. -204): “A record of the cases of ‘Lynch Law’ in the Southern States -reveals the startling fact, that within twenty years, over three hundred -white persons have been murdered upon the accusation—in most cases -unsupported by legal proof—of carrying among slave-holders arguments -addressed expressly to their own intellects and consciences, as to the -morality and expediency of slavery.” If this figure may be accepted as -reliable for the whites, it is within the truth to say that a -considerably larger number of negroes met with summary capital -punishment during the various insurrection excitements which occurred. - -The summary execution of negroes did not, however, become a serious evil -previous to the Civil War. So long as the negroes were valuable as -slaves, it was a direct economic loss to the slave-holder if an -able-bodied slave were put to death. In general, it was only in cases of -real or supposed conspiracy against the whites, or in cases of -insurrection, that the negroes were killed in a summary manner. Such was -the case in Virginia at the time of the Nat Turner insurrection; such -was the case in Mississippi in 1835 when it was discovered that the -Murrell gang had laid plans for a general uprising among the slaves. A -similar condition of affairs existed in northern Texas in 1860, when it -was thought that strychnine had been distributed among the negroes and -they had been instructed to put it in the wells and in the food of their -masters. - -Damages were sometimes claimed by owners for the loss of their slaves -through illegal procedure. A suit was instituted in the year 1857 in the -Jefferson Circuit Court of Kentucky against the city of Louisville for -the value of the slaves George, Bill, and Jack, the murderers of the -Joyce family. George and Bill had been hung by an infuriated mob, and -Jack had cut his own throat in jail, in order to escape the fate which -befell his companions. $1,500 each was claimed as damages by the owners -of the negroes. The Louisville Courier in commenting upon the case said -the suit would be of interest and importance, involving some delicate -principles of law.[188] In 1858 a vigilance committee was established in -Shelby County, Kentucky, whose method of procedure was described as -follows: “They order white men and free negroes who have been concerned -in evil deeds, to leave the county within three days. Any property -belonging to a white man is to be appraised by three disinterested -persons, and the price paid, after such person has been directed to -leave the county. Slaves who are vicious must be removed, also, from -Shelby county, by their masters.”[189] The property right in the slaves -was generally recognized in cases where they committed offenses against -a neighbor or a neighbor’s slaves. A common way of settling such matters -was for a number of the planters to meet together and decide upon the -amount of damages to be paid and what should constitute an equitable -settlement, without going through any formal legal procedure. In -Louisiana a tribunal formed in this way tried and gave sentence of death -upon two negroes for violating the person of a young white girl on -Christmas eve, 1856.[190] - -An examination of the files of the Liberator shows that, during the ten -years 1830–1840, in cases where masters, overseers, or mistresses were -murdered by slaves, the law was allowed to take its course almost -without exception. The same is true in the case of rape committed upon -white women by negroes. The record stands, three slaves and one free -negro legally executed for rape and two slaves legally executed for -attempted rape. There are some instances reported of summary punishment, -not death, being administered to negroes for inducing white girls to run -away with them, or for living with white women. - -There were also three instances of burning negroes at the stake during -this period. These cases have been described above: one was the burning -of two slaves near Mobile, Alabama, for murdering two children; another -was the burning of the free mulatto at St. Louis for killing an officer; -and the other was the burning of a slave in Arkansas for the murder of -his master. - -For the ten years 1850–1860, the record is somewhat different. Out of -forty-six negroes put to death for the murder of owners or overseers, -twenty were legally executed and twenty-six were summarily executed. Of -the latter, one was a female slave who was taken from the constable and -hanged upon a tree for the crime of beating her mistress to death, and -another was a negro woman who was burned to death for poisoning her -master. Eight of the remaining twenty-four negroes were summarily -executed by being burned at the stake. For the crime of rape upon white -women, three negroes were legally executed, and for attempted rape two -were legally executed; while twelve negroes were more or less brutally -put to death by mobs for having committed the crime. Of the latter, four -were burned at the stake, three of whom had committed the double crime -of rape and murder. Some other instances of rape and of attempted rape -are reported, but no statement is made as to the manner or the nature of -the punishment inflicted. - -It cannot be said, however, that these cases of the infliction of -capital punishment upon negroes without process of law were anything -more than sporadic and isolated cases. They were scarcely more than -local in their influence. The most important thing brought to light by -the above comparison of the two ten-year periods is the tendency, in the -later period, toward less reliance on legal procedure and toward greater -readiness on the part of the people to take matters into their own -hands. The newspapers in the fifties not only frequently excused summary -procedure but often openly advocated it. One instance only will be cited -and it is from a southern newspaper. In 1856, a Mr. Pearce, residing in -Morgan County, Georgia, attempted to give one of his negroes a flogging -for some misdemeanor. The negro picked up an ax and at one blow split -his master’s head open. He then fled. While he was still at large the -Madison Messenger printed the following: “Beyond doubt he will be -captured before many hours. If he is, although we admire submission to -the course pointed out by the law of the land, in this case so much of -the brute has been manifested, we should be glad to see our citizens -rise _en masse_, and avail themselves of Lynch law, and hang the rascal -without court or jury.”[191] - -The preceding paragraphs have made it clear that negroes occasionally -suffered death under lynch-law previous to the Civil War. It was not -common, however, to characterize the summary hanging of negroes as -lynching. Such occurrences were neither common nor general enough to -give to the verb lynch its modern meaning, even though they had been -always designated as lynchings. - -It was with reference to the lawless proceedings which took place in the -western and southwestern portions of the United States in the fifties -that the term lynch was first used in its modern sense. The vigilance -committees which were then common in that section of the country often -hung desperadoes and horse-thieves, and frequently when such persons -were thus executed they were said to have been lynched. A paragraph in -the Liberator, November 9, 1860 (p. 179), has the heading: “Four men -Lynched in Texas.” The paragraph contains a clipping from a Texas paper -describing the circumstances under which four men were found one morning -hung in the public square of a town in Navarro County, and refers to the -“many accounts of lynchings in Texas.” - -Howitt’s Journal for February 12, 1848 (3: 109), contains an article -entitled “American Lynching—The Desperadoes of the South-West.” The -article is really a review of a book published under the title “The -Desperadoes of the South-West,” which, according to the reviewer, gives -a picture of the state of society in that section of the United States. -Quotations from the book are given in which the author outlines the way -the West was settled up and the difficulty of keeping prisoners until a -regular trial could be had, and the exasperating delays and -postponements brought about by pettifogging lawyers. The author -describes the operation of lynch-law at that time in the following -words: - - “Then, after all other means of redress have been exhausted, the - honest, hard-working portion of the community organize themselves into - a community of lynchers, elect a captain, appoint a committee, and, as - they say, ‘take justice into their own hands.’... The company of - lynchers once formed, they proceed to the execution of summary - justice. It is easy to see what sad work they must make of it, - rendered furious, as they have been, by multitudinous wrongs. And - accordingly, they whip, bang, torture, burn, flay alive; and however - they may begin, end at last by acting like a band of savages. What - else could be expected of such men, however honest, however merciful, - stung to ungovernable rage by so many injuries, and now placed as - judges in their own case, in a position beyond responsibility? By and - by, the more cunning rogues take shelter under their protection, and - bawl out the loudest for justice. Then the fruit of ruin is ripe. Men - accuse their enemies of the most appalling crimes, in order to glut - feelings of private revenge. A hypocritical zeal for honesty becomes - the cloak for rapine and murder. Vengeance supplants law, and brute - force and fury trample down all show of order.... But the force is - never wholly on one side only. The lynchers, or ‘regulators,’ as they - are often called, soon find that their foes organize also; arm - themselves, and prepare for systematic resistance, under the - denomination of ‘moderators.’ Then commences a guerilla warfare as - dark and deadly in its hate, as the old English contest between the - Red and the White Roses. It is a war of utter extermination.” - -Chambers’ Journal for February 17, 1855 (23: 101) contains an article -entitled “American Jottings. Eccentricities in criminal -jurisprudence—Lynch Law.” The following quotations are both illustrative -and instructive: - - “A respect for law and order is as conspicuous in general - circumstances in the greater part of the United States as it is in - England. This much may be said without prejudice to the fact, that - very strange things occasionally come to pass, particularly in the - south and west, in violation of the regular course of justice.... It - is doubtless the perfunctoriness in the administration of justice - which at times arouses the indignation of the public and causes them - to have recourse to what is called Lynch Law, in which respect - American society, in the more newly settled parts of the country, may - be said to be at the stage of the rough populace of Edinburgh when - they interrupted the ordinary course of justice, and laid violent - hands on Captain Porteous. It is thus interesting to note how long it - is before a people acquire the habit of implicit submission to the - maxims of law—the time, of course, being proportioned according as the - administrators of that law are in themselves unworthy of respect. The - ancient venality of judges and juries in Scotland, now the theme of - romance, would appear to be still matched on the banks of the - Mississippi, and sometimes, as popular feeling inclines, it leads to - similar results.... Objectionable and dangerous as lynching may be - considered in the abstract there can be little doubt of its propriety - practically in certain conditions of American society. When judges and - courts are leagued with desperadoes, or when peculiar difficulties - stand in the way of a prompt administration of justice, the public, in - self-defense, feel impelled to interfere. At the settlement of - California, and before society had time to establish regular - tribunals, or to give due efficacy to the law, life and property would - not have been safe for a moment, unless a Vigilance Committee had - charged itself with the duty of lynching. Even when, in such newly - opened territories, judges are appointed, only a small advance is made - towards a vigorous legal administration. Of American judges it needs - to be recollected that their position is often not such as to command - respect. A judge of the supreme courts in England is a being aloof in - every respect from the people, and he scrupulously abstains from - interference personally in matters which might by possibility come - before him in his judicial capacity. An American judge, on the other - hand, is not dissevered from the ordinary action of society; and if he - looks forward to a governorship, or some other high function, he - requires to cultivate a certain popularity.” - -In these extracts there is presented very clearly the character of the -illegal and summary proceedings to which the term lynch-law was -generally and commonly applied in the fifties. The quoted passages -likewise indicate the attitude of public sentiment at that time toward -such proceedings and the frequency of their occurrence. The tendency for -vigilance societies organized in the interests of law and order to pass -quickly into the control of the lawless and the vicious, or for -counter-organizations to be formed by the lawless element in the -population, is also given due prominence. - -The Vigilance Committee movement in the West attained its highest state -of organization and effectiveness under the San Francisco Committees of -Vigilance of 1851 and of 1856. The discovery of gold in 1848 had brought -to California in a few years men from all parts of the world. National -characteristics came into conflict. Mexicans, Frenchmen, Irishmen, and -Americans were suddenly thrown together in a virgin territory. The -establishment of civil government and judicial tribunals could not keep -pace with the rapid increase in population. When such civil government -was begun, the control which the vicious and corrupt element in the -population was able to exercise over it rendered it ineffectual. It was -a time of social irresponsibility, and serious crimes were of common -occurrence. Out of five hundred and thirty-five homicides which occurred -in California during the year 1855, there were but seven legal -executions.[192] It was under these conditions and on the ground that -some such organization was necessary to bring about order and security, -that the two San Francisco Vigilance Committees were organized. “Each -hanged four men and banished about thirty. Each rescued two prisoners -from the county jail by means of surprise parties.... The crimes -committed by the victims of the first tribunal were against property and -life, while those of the second were strongly tinctured with political -immorality.... The reformation of 1851 was superficial and temporary; -that of 1856 radical and permanent.”[193] On the whole, though the -measures taken seem extreme, these committees accomplished their end -remarkably well, and it is to their credit that they promptly disbanded -when their time of usefulness had passed. - -Committees of Vigilance were formed elsewhere than in the city of San -Francisco, however. Many places in California during the early history -of the State had similar committees, though outside of San Francisco -they were usually organized only temporarily to deal with particular -cases. Similar “Popular Tribunals” existed in Utah, Nevada, Oregon, -Washington, Idaho, Montana, Arizona, New Mexico, and Colorado during the -early period of their settlement. Bancroft says at the close of his -first volume on Popular Tribunals: “I have given in this volume many -examples of Popular Tribunals, but the half has not been told. It is -safe to say that thus far in the history of these Pacific States far -more has been done toward righting wrongs and administering justice -outside the pale of law than within it.” - -Further evidence of the prevalence of lynch-law during the colonization -of the territory west of the Mississippi River is furnished by an -editorial in the New York Times of March 19, 1864, written under the -title “Judge Lynch.” The opening sentences are as follows: “Our -fellow-citizens in the far West, in the mineral territories bordering -upon the Rocky Mountains, and in those on the other side of the -mountains, are holding Lynch courts in extraordinary number, and -carrying out the decrees of that ferocious judge with unprecedented -energy. Our latest files from the distant regions of Idaho, Nevada, -Utah, &c., contain accounts of executions in numbers that we think were -never equalled even in the early days of California settlement, nor in -any part of the West.” Then follows a recital of various instances, -twenty or more robbers and murderers hung in Idaho Territory, four -murderers hung by a “Citizens Association” in the Territory of Nevada, -&c. It is stated that on Thursday of that week bills were passed in -Congress enabling Nevada and two other Territories to form constitutions -preparatory to their admission to the Union as States. As a condition to -their admission an irrevocable ordinance was provided prohibiting -slavery, and the writer of the editorial remarks, “we think lynching -might have been added.” - -Lynch-law prevailed to a large extent, also, during the border troubles -attending the outbreak of the Civil War. Particularly was this the case -in Kansas where, along with the guerrilla warfare that went on for a -number of years, many instances of summary procedure occurred that may -be properly classified under lynch-law. A correspondent of the New York -Tribune in Lawrence, K. T., wrote on May 30, 1858: “There is a very -general disposition to pass over the helplessly useless forms of -Territorial law and corrupt Federal courts, and try these parties -(_i.e._, horse-thieves) by Lynch law.”[194] - -The lynch-law procedure of the fifties that was most commonly mentioned -and described in the newspapers and periodicals was that that prevailed -in the western part of the United States. Bodies of citizens, organized -secretly or openly under the names of “vigilance committees,” “vigilance -societies,” “vigilantes,” “regulators,” “law-and-order men,” “Citizens’ -Associations,” &c., punished with summary severity horse-thieves, -cattle-thieves, highway robbers, counterfeiters, burglars, and -swindlers, as well as murderers. Certain rude forms of trial were -generally observed, acquittals were rare but not entirely unknown, and -the punishment was usually death by hanging. The frequency with which -lynch-law was resorted to at this time is to be referred, both to the -lack of a well established civil government, and to a doubt on the part -of the people as to the adequacy of the ordinary legal machinery. - -It was the use of the word lynching in connection with these summary -proceedings against white men of desperate character, the criminals of -the frontier region west of the Mississippi, during the period of -settlement, that first gave to it its modern meaning of putting to -death. After the Civil War, when the Southern States were being -reconstructed and the whites were threatened with negro domination, -summary practices were adopted against the negroes. The negro had ceased -to be valuable as property and was looked upon as a dangerous political -factor in the community; to take his life was thought to be the easiest -and quickest way to dispose of him. The adoption of this plan in many -parts of the South gave for the word lynching a new application. Since -the Reconstruction Period, then, to lynch has generally meant to put to -death. The infliction of any minor punishment without legal trial still -constitutes lynch-law, but the simple term “lynching” usually implies -capital punishment. It is in this sense that the term will be used -throughout the remainder of this investigation. - - - - - CHAPTER V - THE RECONSTRUCTION PERIOD - - -A civil war is worse in many respects than a foreign war. When the -members of a society are forced to settle any differences that they may -have and come together in order to resist the aggressions of a foreign -foe, the internal organization of the society is strengthened. A civil -war, on the contrary, shakes the very foundations of the social -structure. The antagonism of interests which brings on and attends a -civil war weakens every social bond and tends to disorganize the -society. Hence, a longer period of time is required for the effects of -internal dissension to be obliterated. The feelings engendered by such a -war are not easily overcome either by the victors or by the vanquished. -For men who have fought against each other on the battle-field, quietly -to lay aside their arms and at once enter into business and social -relations, requires an amount of magnanimity and forbearance that human -nature in general does not possess. - -At the close of the Civil War in the United States, the South was in a -much weaker condition than the North. An attempt had been made to set up -a new and separate government, but the attempt had failed utterly. The -Union armies had overrun whole sections of the South and left the -country desolate. The Emancipation Proclamation had put an end to the -institution of negro slavery on which the whole organization of Southern -society had rested. Out of the ruins of the old must arise a new society -organized on an entirely different basis. It was inevitable that there -should be social disturbances and acts of violence while so great a -change was in progress.[195] - -Before the passions of war had subsided, however, and an opportunity had -been given the Southerners to accommodate themselves to the new order of -things, new causes for irritation and animosity appeared. Politically, -the reconstruction policy adopted by the Federal Congress, by its lack -of wisdom and of efficient leadership, brought continued humiliation and -annoyance. Socially, there were two causes of vexation and exasperation -which the people were in no mood to bear. The class of individuals known -as “carpet-baggers,” by reason of their mercenary and malicious conduct, -aggravated the people beyond endurance. The second disturbing element -was the negroes.[196] - -The history of the reconstruction period—the mistakes, the -misunderstandings, the hostility as between the whites of the North and -of the South; the criminal dishonesty and knavery of the “carpet-bag -governments”; the ignorance and lawlessness prevailing among the -negroes—all this may be read elsewhere. Without attempting to fix the -blame for the anomalous condition of affairs, it is sufficient here to -point out that the administration of civil law was only partially and -imperfectly re-established, and that for that reason, and for other -reasons, there was an unusual amount of disorder and violence prevailing -over the country. The proof of this is to be found not only in the daily -newspapers, but also in the records of the proceedings and debates in -Congress during the twelve years from 1865 to 1877, and especially in -the thirteen volumes embodying the report of the joint select committee -appointed by Congress to investigate affairs in the insurrectionary -States with reference to the Ku-Klux conspiracy.[197] It is to this -so-called Ku-Klux conspiracy that attention is here to be directed. The -mystery connected with the organization known as the Ku-Klux Klan and -the peculiar history and subsequent influence of the organization makes -it necessary to speak of it here in some detail.[198] - -In May, 1866, a number of young men in the town of Pulaski, in Giles -County, Tennessee, formed a secret society for the purpose of diversion -and amusement to which they gave the name “Ku-Klux Klan.”[199] The -mystery connected with the name—mysterious because it was meaningless -and alliterative—gave it a peculiar potency. This was manifest not only -in the impression made by it on the general public, but likewise in the -weird influence that it had on the members of the Klan themselves. They -had adopted a mysterious name; thereupon the original plan was modified -so as to make everything connected with the order harmonize with the -name. Amusement was kept as the end in view, but the methods by which -they were to obtain it were those of secrecy and mystery. When the -report of the committee on rules and ritual came up for consideration, -the recommendations were modified to adapt them to the new idea. The -report as finally adopted provided for the following officers: a Grand -Cyclops or President, a Grand Magi or Vice-President, a Grand Turk or -Marshal, a Grand Exchequer or Treasurer, and two Lictors who were the -outer and inner guards of the “Den,” as the place of meeting was -designated. - -The members bound themselves by oath to maintain profound and absolute -secrecy with reference to the order and everything pertaining to it. -This obligation prohibited those who assumed it from disclosing that -they were Ku Klux, or the name of any other member, and from soliciting -any one to become a member. Each member was required to provide himself -with the following outfit: A white mask, a tall cardboard hat so -constructed as to increase the wearer’s apparent height, a gown or robe -of sufficient length to cover the entire person. The matter of color and -material was left to the individual’s taste and fancy, and each selected -what in his judgment would be the most hideous and fantastic. Each -member carried also a small whistle with which, by means of a code of -signals agreed upon, they held communications with one another. - -The “den” was at first in the law office of a member of the Pulaski bar, -where the suggestion for the formation of the Klan had been made. But -the room was small, and it was too near the business portion of the town -to be a suitable place for meeting. On the brow of a ridge that runs -along the western outskirts of the town there stood at that time the -ruins of an old residence that had been partially demolished by a -cyclone. Underneath the portion that remained standing was a large -cellar. No other houses stood near, and around these ruins were the -storm-torn, limbless trunks of trees which had once formed a magnificent -grove. This dreary, desolate and uncanny place was in every way most -suitable for a “den,” and the Klan appropriated it. When a meeting was -held one Lictor was stationed near the house and the other fifty yards -from it on the road leading into the town. These were dressed in the -fantastic regalia of the order and bore tremendous spears as the badge -of their office. - -At the close of the war, when the young men of the South who had escaped -death on the battle-field returned to their homes, they passed through a -period of enforced inactivity. They could not engage at once in business -or professional pursuits. In the case of many, business habits were -broken up. Few had capital to enter mercantile or agricultural -enterprises. There was also a total lack of the amusements and social -diversions which prevail wherever society is in a normal condition. The -reaction, therefore, which followed the excitement of army scenes and -service was intense. - -It is not strange, then, that this secret society with its mysterious -name and grotesque disguises should awaken profound curiosity in the -town of Pulaski. By means of subterfuges members were easily secured -without direct solicitation and the order rapidly increased in size. By -the time the eligible material in the town had been used up, the young -men from the country, whose curiosity had been inflamed by the newspaper -notices, began to come in and apply for admission to the Klan. Then -“dens” were established at various points in the country. Sometimes a -stranger from other parts of Tennessee, or from Mississippi, Alabama, or -Texas, visiting in a neighborhood where the order prevailed, would be -initiated and on his departure carry with him permission to establish a -“den” at home. In fact this was often done without such permission, and -thus the connecting link between these “dens” was very fragile. It was -only by a sort of tacit agreement that the Pulaski Klan was regarded as -the source of power and authority. This was the condition of affairs in -April, 1867. During the fall and winter of 1866, the growth of the Klan -had been rapid, and it had spread over a wide extent of territory. So -far there had appeared no need for a compact organization, rigid rules, -and close supervision. The leading members of the Klan were -contemplating nothing more serious than amusement. They enjoyed the -baffled curiosity and wild speculations of a mystified public even more -than the rude sport afforded by the ludicrous initiations. - -About this time the combined operation of several causes led to the -transformation of the Ku-Klux Klan into a band of “regulators.” These -causes may be grouped under three heads: (1) The impressions made by the -order upon the minds of those who united with it; (2) The impressions -upon the public by its weird and mysterious methods; (3) The anomalous -and peculiar condition of affairs in the South at this time. - -The prevalent idea seems to have been that the Klan contemplated some -great and important mission. When admitted to membership this -conclusion, in the case of many, was deepened rather than removed by -what they saw and heard. There was nothing in the ritual or the -obligation or in any part of the ceremony to favor such a conclusion; -but the impression still remained that this mysteriousness and secrecy, -the high-sounding titles of the officers, the grotesque dress of the -members, and the formidable obligation, all meant more than mere sport. -Each had his own speculations as to what was to be the character of the -serious work which the Klan had to do, but many were satisfied that -there was such work. - -When the meetings first began to be held in the dilapidated house on the -hill passers-by were frequent. Most of them passed the grim and ghostly -sentinel by the roadside in silence, but always with a quickened step. -Occasionally one would stop and ask: “Who are you?” In awfully -sepulchral tones the invariable answer was: “A spirit from the other -world. I was killed at Chickamauga.” Such an answer, especially when -given to a superstitious negro, was extremely terrifying and if, in -addition, he heard the uproarious noises issuing from the “den” at the -moment of a candidate’s investiture with the “regal crown,” he had the -foundation for a most awe-inspiring story. There came from the country -similar stories. The belated laborer, passing after nightfall some -lonely and secluded spot, heard horrible noises and saw fearful sights. -These stories were repeated with such embellishments as the imagination -of the narrator suggested until the feeling of the negroes and of many -of the white people, at mention of the Ku-Klux, was one of awe and -terror. - -In the country it was noticed that the nocturnal perambulations of the -colored population diminished or entirely ceased wherever the Ku-Klux -appeared. In many ways there was a noticeable improvement in the habits -of a large class which had hitherto been causing great annoyance. In -this way the Klan gradually realized that the most powerful devices ever -invented for controlling the ignorant and superstitious were in their -hands. Even the most highly cultured were unable wholly to resist the -weird and peculiar feeling which pervaded every community where the -Ku-Klux appeared. Circumstances made it evident that the measures and -methods employed for sport might be effectually used to subserve the -public welfare—to suppress lawlessness and protect property. The very -force of circumstances carried the Klan away from its original purpose, -so that in the summer of 1867 it was virtually a band of regulators, -honestly, but in an injudicious and dangerous way, trying to protect -property and preserve peace and order. - -It was this conception of the mission of the Klan which led to its -reorganization on a plan corresponding to its increased size and new -purpose. Some abuses of what was by common consent the law of the Klan -and some other evils had already made their appearance. It was hoped -also that this danger could be effectually guarded against by -reorganization. With these objects in view the Grand Cyclops of the -Pulaski “den” sent out a request to all the “dens” of which he had -knowledge, to appoint delegates to meet in convention at Nashville, -Tennessee, early in the summer of 1867. At the time appointed this -convention was held and delegates were present from a number of States. - -A plan of reorganization, previously prepared, was submitted to this -convention and adopted. The territory covered by the Klan was designated -as the “Invisible Empire.” This was subdivided into “realms” coterminous -with the boundaries of the States. The “realms” were divided into -“dominions,” corresponding to congressional districts, the “dominions” -into “provinces” coterminous with counties, and the “provinces” into -“dens.” The officers were the Grand Wizard of the Invisible Empire and -his ten Genii, the Grand Dragon of the Realm and his eight Hydras, the -Grand Titan of the Dominion and his six Furies, the Grand Cyclops of the -Den and his two Night Hawks, and other minor officers. The declaration -of principles and objects prescribed loyalty to the United States -government and opposition to lawlessness and violence of every kind. No -material change was made in the methods of the Klan’s operations. The -essential features of mystery, secrecy, and grotesqueness were retained, -but steps were taken with a view to deepening and intensifying the -impressions already made upon the public mind. Henceforth the Ku-Klux -courted publicity as assiduously as they had formerly seemed to shun it. -They appeared at different points at the same time and always when and -where they were least expected. Devices were multiplied to deceive -people in regard to their numbers and to play upon the fears of the -superstitious. On the night of July 4, 1867, public parades were made in -many towns in Tennessee. - -For several years there existed in the South a spurious and perverted -form of the “Union League.” Against this organization the Ku-Klux -directed their efforts, and this has given color to the assertion that -the Ku-Klux Klan was a political organization having only political ends -in view. The “Union Leagues” in the South, or the “Loyal Leagues” as -they were sometimes called, were generally composed of the disorderly -element of the negro population and led by white men who were then -considered the basest and meanest of men, the “carpet-baggers” and -“scalawags.” The depredations committed by members of these -organizations and the general lawlessness then prevailing constitutes -the justification for the Ku-Klux Klan taking upon itself the duty of a -vigilance society. In justification of the devices which were used to -terrorize the negroes, it was held that it was not only better to deter -the negroes from theft and other lawlessness in this way than to put -them in the penitentiary, but it was the only way at this time by which -they could be controlled. The jails would not contain them; the courts -could not or would not try them. - -At first the Klan seemed to exercise a wholesome influence, but the good -effect was short-lived. The order contained within itself sources of -weakness. The devices and disguises by which the Klan deceived outsiders -enabled all who were so disposed, even its own members, to practice -deception on the Klan itself. It placed in the hands of its own members -the facility to do deeds of violence for the gratification of personal -feeling and have them credited to the Klan. Many deeds of violence were -thus done by men who were Ku-Klux, but who, while acting under cover of -their connection with the Klan, were not under its orders. In addition -to this the very class which the Klan proposed to hold in check and awe -into good behavior soon became wholly unmanageable. Those who had -formerly committed depredations to be laid to the charge of the negroes, -after a brief interval of good behavior, assumed the guise of Ku-Klux -and returned to their old ways. Outrages were committed by masked men in -regions far remote from any Ku-Klux organizations. Secrecy was the -strength of the Ku-Klux Klan so long as it was conjoined with mystery, -but when the masks and disguises ceased to be mysterious, secrecy was -its greatest weakness. - -Causes were at work also which led the Klan to adopt measures of greater -severity. It had come to pass that all the disorder done in the country -was charged upon the Ku-Klux because done under disguises which they had -invented and used. They felt that the charge of wrong was unfairly -brought against them, and, as is frequently the case, they were carried -beyond the limits of prudence and right by a hot zeal for -self-vindication against unjust aspersions. The mystery and secrecy that -had been courted by the Klan led to the Klan and its objects being -wholly misunderstood and misinterpreted. Many people were sure that the -Klan meant treason and revolution. A feeling of intense hostility -succeeded the first impressions of awe and terror which the Klan had -inspired. The negroes formed organizations of a military character the -avowed purpose of which was “to make war upon and exterminate the -Ku-Klux.” On several occasions the Klan was fired into. The effect of -such attacks was to provoke counter hostility from the Klan, and so -there was irritation and counter irritation till in some places the -state of things was little short of open warfare. - -Matters continued to grow worse until it was imperatively necessary that -there should be interference on the part of the government. In -September, 1868, the legislature of Tennessee, in obedience to the call -of Governor Brownlow, assembled in extra session and passed a most -stringent anti-Ku-Klux statute. In some sections of the State a reign of -terror followed and the governor was compelled to send troops and -proclaim martial law in certain counties. In March, 1869, the Grand -Wizard of the Invisible Empire issued a proclamation to his subjects. -This proclamation recited the legislation directed against the Klan and -stated that the order had in large measure accomplished the objects of -its existence. At a time when the civil law afforded inadequate -protection to life and property, when robbery and lawlessness of every -description were unrebuked, when all the better elements of society were -in constant dread for the safety of their property, persons, and -families, the Klan had afforded protection and security to many -firesides and in many ways contributed to the public welfare. But -greatly to the regret of all good citizens, some members of the Klan had -violated positive orders; others, under the name and disguises of the -organization, had assumed to do acts of violence, for which the Klan was -held responsible. The Grand Wizard had been invested with the power to -determine questions of paramount importance to the interests of the -order. Therefore, in the exercise of that power, the Grand Wizard -declared that the organization that had been known as the Ku-Klux Klan -was dissolved and disbanded. - -For several years after March, 1869, the papers reported and commented -on “Ku-Klux outrages” committed at various places.[200] The authors of -these outrages no doubt acted in the name of the Klan and under its -disguises, and it may be that in some cases they were men who had been -Ku-Klux, but it cannot be charged that they were acting by the authority -of the order. The report of the joint committee of Congress appointed to -investigate the “Ku-Klux conspiracy” records a great deal of lawlessness -and violence during the period 1866–71, a part of which may be justly -attributed to the Klan. The greater part of the outrageous conduct -attributed to the Klan belongs to a date subsequent to its disbandment, -and is chargeable merely to the influence of the operations of the Klan. -As one writer has put it, the birth of this order was an accident, its -growth a comedy, and its death a tragedy. Its existence can be explained -only when the anomalous condition of social and political affairs in the -South during the years immediately succeeding the war is taken into -account. - -In this discussion of the conditions in the Southern States which -promoted recourse to lynch-law, it must not be forgotten that at the -same time the frontier type of lynch-law was in vogue in the West. The -tide of immigration toward that part of the United States, which had set -in early in the fifties, continued with increased vigor after the close -of the Civil War. While the establishment of Territorial government, -followed by admission to the Union and State government, was remarkably -expeditious in the West, yet there was constant occasion for recourse to -lynch-law against desperadoes and persons guilty of stealing live stock. -In other sections of the country, also, lynch-law was in operation.[201] -The following statistics, obtained from an examination of the files of -the New York Times for the three years, 1871–73, give some idea of the -distribution and character of lynchings at that time[202]: - - Kentucky: 2 negroes hung for rape, 1 white hung for rape, 1 negro hung - for murder, 3 negroes shot by masked men, 1 negro “murdered” by - Ku-Klux. - - Tennessee: 2 negroes hung for robbery and arson, 1 negro shot and hung - for robbery and murder, 1 negro shot for attempted outrage, 1 negro - hung and shot for murder, 1 white shot for murder of wife. - - Missouri: 5 horse thieves hung, 1 negro hung for outrage, 1 white hung - for murder, 3 whites hung for murder and robbery, 3 whites shot for - defending and being bondsmen of county officials accused of - peculation. - - California: 2 whites hung for murder, 1 white hung and shot for - murder, 1 Indian hung for murder, 1 Malay (steward of steamer) shot - and thrown overboard near coast of California for ravishing sick girl, - eleven years old. - - Montana: 2 whites hung for murder. - - Louisiana: 4 negroes hung for murder, 3 horse thieves hung. - - Virginia: 1 desperado, horse thief and murderer hung. - - Alabama: 1 white shot for murder. - - South Carolina: 2 whites shot for murder, 10 negroes shot and hung by - Ku-Klux. - - Nevada: 1 desperado hung, 1 white hung for killing man in saloon row. - - Wisconsin; 1 white hung for murder. - - Indiana: 3 negroes hung for murder, 1 white hung for murder. - - Nebraska: 1 negro and 1 white man “killed” for robbery and shooting - woman. - - Kansas: 2 whites hung for murder, 1 desperado and 1 horse thief - “killed in jail.” - - Colorado: 2 whites hung for keeping gambling outfit. - - Michigan: 2 whites died from beating which they received for killing a - man in a German-Irish riot on the streets. - - Ohio: 2 whites hung for murder. - - Maryland: 1 negro hung for arson. - - Total: 41 whites, 32 negroes, 1 Malay, 1 Indian. - -The majority of those lynched in these three years, as given by the -Times, were forcibly taken from the custody of officers of the law. In -some instances, the jails were broken into, and the prisoners were taken -out and hanged or were killed in the jail; in other instances, the -prisoners were taken from the officers and put to death before they -could be taken to the jail. Some of the lynchings were carried on by -vigilance societies, others by mobs of masked persons or by “Ku-Kluxes.” -With two exceptions, nothing is said in the reports of these lynchings -about any attempts to take legal action against the lynchers. In the two -instances where attempts were made to prosecute the lynchers, it does -not appear that there was any measure of success. - -It thus appears that lynch-law was in operation in nearly every part of -the United States during the years immediately following the close of -the Civil War, and that the ordinary penalty inflicted was death. It -was, however, the application of lynch-law under the anomalous -conditions in the South that rendered the reconstruction period a -distinctive period in the history of lynch-law. The reconstruction of -the Southern States has been rightly characterized as “one of the worst -periods of misgovernment and maladministration in the history of any -civilized community.”[203] The emancipation of the slaves and the -reconstruction policy carried out by the political leaders in Congress -not only brought about a changed relation between the two races, but -made negro domination a real evil and an imminent danger. The Southern -planters considered themselves justified in resorting to summary -measures as a means of protecting their property and their families. -Both the social and the political conditions in the South were such as -to give a distinctively new impulse to the lynching spirit.[204] - -It is true that the extreme measures taken under Ku-Klux disguises never -received the approval of the mass of the Southern people, but, on the -other hand, few determined efforts were made by the civil authorities in -the Southern States to bring Ku-Klux offenders to justice. The outrage -upon freedmen, persons of Northern origin and Southerners accused of -favoring the reconstruction acts of Congress, were not stopped until -after Congress had passed the so-called “force bill” in 1871. By this -measure the jurisdiction of the Federal courts was extended to Ku-Klux -cases, and the President was authorized to suspend the writ of _habeas -corpus_ when necessary to preserve order. The Federal troops were not -entirely withdrawn from the South until 1877. - -As a result of the doings of reconstruction times, habits of lawlessness -have been perpetuated at the South, the effect of which is still to be -seen. The disguises introduced by the Ku-Klux[205] have frequently given -security against identification at lynchings in recent years. The modern -“White Caps,” so well known in the central and eastern States as well as -in the South, though they are merely local and generally only temporary -organizations, use the same methods that were employed by the Ku-Klux. -The “White Caps” may be regarded as the successors of the Ku-Klux. - - - - - CHAPTER VI - LYNCHINGS - - -In recent years, particularly since about the year 1891, much has been -said and written upon the subject of lynching. Explanations and excuses -have been offered for the prevalence of the practice in the South and in -other parts of the country. Remedies and means for the suppression of -lynchings have been freely and widely discussed. Most of the literature, -however, shows a strong sectional or partisan spirit, and is, in -reality, but little more than the expression of personal opinion. -Scarcely any attempt has been made to present the general facts relating -to the practice of lynching for any considerable length of time. The -perusal of more than seventy-five magazine articles discussing recent -lynchings and dealing with different phases of the subject left upon the -writer’s mind no impression more distinct than this, that some facts of -a statistical nature were very much needed. - -The first plan that suggested itself was to make a personal -investigation of the cases of lynching that have occurred in recent -years, to interview personally or to correspond with individuals -acquainted with the facts in such occurrences, and thus get some -reliable data. Such a plan, however, has by trial been found -impracticable. Mr. George C. Holt of New York had an examination made of -the index and files of the New York Daily Times for the first six months -of the year 1892, and a record made of all the instances of lynching -reported there. His experience can best be given in his own words. He -says: - -“After obtaining a list of the cases reported in the Times, I drafted a -circular letter of inquiry asking for information in respect to the -name, age, residence, and occupation of the man lynched, the charge -against him, his possible guilt, the circumstances of the lynching, and -what steps, if any, were afterwards taken. In each reported case of -lynching I mailed three copies of the circular letter, with a stamped -envelope for reply, addressed one to the district attorney of the -county, one to the postmaster, and one to any clergyman of the city or -town where the lynching occurred. - -“To the printed circulars sent out answers were received in relation to -16 out of the 30 cases of lynching. No answers were received in 14 of -the cases, although the envelopes bore the usual direction to the -postmaster to be returned if not delivered, and only one of them was -returned. Of the 16 cases in respect to which answers were received, -there were 3 cases in which 3 answers were returned, 5 in which 2 were -returned, and 8 in which one was returned. Most of the answers were -unsigned; many were very vague; a few declined to state the facts; and -several requested secrecy. The general impression derived from the -attempt to obtain information by the circular was that there was, in -many cases, a strong disinclination, for some cause, to give any -information.”[206] - -In an attempt to verify some reports of lynchings in the years 1902 and -1903, the writer has met with a similar experience. A letter addressed -to the mayor of a town in Arkansas was returned with the following -penciled at the bottom of the sheet: “if you will give me some idea as -to your reasons for wanting this information I might give you some -information regarding same.” A letter addressed to the mayor of a town -in Georgia was returned with the following written at the bottom of the -sheet: “In answer to the above I will say that I don’t know anything -about it.” No name was signed in either case. These two replies, -together with Mr. Holt’s experience, are sufficient to indicate the -difficulties attendant upon the collection, by any such method, of data -in regard to lynchings covering any considerable period of time. - -For more than twenty-two years the Chicago Tribune has published at the -close of each year an itemized summary of the disasters and crimes in -the United States for the year. An editorial in the Tribune for January -1, 1883, reads as follows: “Elsewhere in this issue will be found a -series of reviews of the happenings during 1882. A necrological table is -furnished, also a list of the more important crimes, casualties, -suicides, lynchings, and judicial executions for the last year. The -tables have been prepared with great care from the columns of _The -Tribune_, and furnish as complete a review of the unpleasant features of -the dead year as could possibly be obtained.” - -This annual review published by the Tribune supplies the most available -and practically the only source for statistics of lynchings. The -following facts are given: the date of the lynching, the name of the -victim, his color and his nationality, the alleged crime for which he -was lynched, and the town and State where the lynching took place. Only -the names of those who have suffered death at the hands of mobs are -included. No account is taken of attempted lynchings or of persons to -whom mob violence was done but who recovered from their injuries. - -In using this record as the basis of this investigation such means as -were available have been employed for purposes of correction and -verification. In every case where an error was apparent, or there was -any reason for doubt, the original report of the lynching has been -examined in some newspaper of the proper date, either the Chicago -Tribune, or the New York Times, or the New York Tribune. Only a very few -points have been left unsettled because of insufficient information. The -Cyclopedic Review of Current History gives confirmatory evidence for a -period covering the last twelve years. It, however, mentions only the -“notable crimes” and this evidence, therefore, applies to a -comparatively small number of cases. - -For the last six months of the year 1902 a subscription to a newspaper -clipping agency was maintained as a further means of determining the -reliability and completeness of the Tribune record. The agency selected -was an old and well established one. Instructions were given the readers -to send full accounts of every lynching, together with a few editorial -comments from various parts of the country. Clippings on lynchings were -received from newspapers in every section of the United States. Out of -the fifty-three victims of lynching given in the summary published by -the Chicago Tribune for the six months, July-December, 1902, forty-six -were reported by the newspaper clipping agency and no errors of any -importance were shown. A few additional cases were mentioned in the -clippings, but they were mainly on the border line between murder and -lynching and could rightly be disregarded. - -Undoubtedly there are errors and inaccuracies in particular cases in the -Tribune record.[207] Any one who has endeavored to sift the truth from -conflicting newspaper reports will readily appreciate the difficulty of -obtaining an accurate account of a lynching from such a source. For the -purpose of this investigation, however, only the most general facts are -required, and it is believed that in regard to these the reporter or the -newspaper correspondent is less likely to indulge his imaginative -powers. Furthermore, by reason of the popular excitement which usually -attends lynching-bees and the extraordinary methods of execution -oftentimes employed, it is fair to presume that but few lynchings escape -the reporter; the details of most lynchings exhibit so clearly the -journalistic idea of facts of contemporaneous human interest that the -publication of such news is not often intentionally omitted. There is -neither the motive nor the opportunity to keep lynchings from the -newspapers that there often is in the case of suicides and murders; not -only indeed is every such motive for secrecy absent, but there is -usually, more or less strongly expressed, a public sentiment approving -or excusing a lynching. - -What the likelihood is of every lynching in the United States having -been reported to the Chicago Tribune during the last twenty-two years, -and whether the probability has been uniform throughout the period, -there is no means of determining. The annual review of disasters and -crimes has, however, been made a special feature throughout the period, -and this gives at least a presumption in favor of fullness and -completeness in the record. It is at any rate safe to say that the cases -of lynching actually reported probably afford a fair average basis of -cases for statistical investigation. - -In view of these considerations, together with the corrections and -verifications that have been made, it is believed that the Tribune -record has reliability sufficient for its examination to lead to the -deduction of trustworthy and valuable conclusions. - -On January 1, 1904, the Chicago Tribune published the following “table -of lynchings” covering the last nineteen years[208]: - - 1885 184 - 1886 138 - 1887 122 - 1888 142 - 1889 176 - 1890 127 - 1891 192 - 1892 235 - 1893 200 - 1894 190 - 1895 171 - 1896 131 - 1897 166 - 1898 127 - 1899 107 - 1900 115 - 1901 135 - 1902 96 - 1903 104 - -After carefully going over the lists of names, as published each year, -of the persons lynched during the last twenty-two years, the writer -obtained the following table which is based throughout on the number of -persons lynched. If only the number of lynchings were taken into account -the numbers given would be considerably smaller.[209] - - NUMBER OF - PERSONS - LYNCHED - - 1882 114 - 1883 134 - 1884 211 - 1885 184 - 1886 138 - 1887 122 - 1888 142 - 1889 176 - 1890 128 - 1891 195 - 1892 235 - 1893 200 - 1894 197 - 1895 180 - 1896 131 - 1897 165 - 1898 127 - 1899 107 - 1900 115 - 1901 135 - 1902 97 - 1903 104 - ———— - Total 3337 - -This table agrees with the Tribune table for the nineteen years with the -exception of the years 1890, 1891, 1894, 1895, 1897 and 1902. In some of -these cases the difference is due merely to an error which had been made -in footing up the lists. Some instances are given of a father and son -being lynched, or of five horse thieves, or of two negroes, and each of -these instances had been counted as one in making up the totals. In -other cases an error was found in the instance reported. In 1902, a -report of a negro having been lynched for murder in Alabama was found -later to be untrue and his name was dropped from the list.[210] Two -names have been added to the list for 1902 from information which the -writer obtained through the newspaper clipping agency and subsequent -correspondence. - -In 1903 a record of persons lynched, kept by the writer from newspapers -other than the Chicago Tribune,[211] contained sixty-three out of the -one hundred and four reported by the Tribune, and corroborated the -Tribune record with reference to these sixty-three. In the writer’s -record seven lynchings were reported which did not appear in the Tribune -record. Letters of inquiry in regard to these resulted in only four -replies, one denying that the reported lynching had taken place, the -remaining three not stating definitely whether any lynching whatsoever -had taken place. No alteration, therefore, has been made in the Tribune -record for 1903. - -[Illustration: I. NUMBER LYNCHED COMPARED WITH NUMBER LEGALLY EXECUTED -1882–1903] - -[Illustration: II. NUMBER LYNCHED ACCORDING TO MONTHS IN DIFFERENT -SECTIONS OF THE U.S. 1882–1903] - -Chart I has been prepared from the above table and shows at a glance the -relative prevalence of lynching during the twenty-two years, -1882–1903.[212] The solid line, representing the number of persons -lynched, begins at 114 in 1882, goes up to 211 in 1884, falls to 122 in -1887, rises again to 176 in 1889, falls again the following year to 128, -and then rises to 235 in the year 1892. From 1892 on the line shows a -general downward tendency. - -The large number in 1884 was due to the work of vigilantes in Montana -and Colorado. According to the record, 40 horse thieves and cattle -thieves received summary justice in Montana during the year and the -lynching of seventeen cattle thieves was reported from Colorado. The -large number in 1892 was due to the lynching of negroes in the South. -These facts are shown in another form in Chart IV. - -For purposes of comparison the broken line has been drawn on Chart I to -represent the number of persons legally executed during the twenty-two -years. The figures for legal executions have also been taken from the -Tribune record, but no further verification has been made of them than -merely to foot up the lists of names and verify the totals. The Tribune -record of legal executions is no doubt incomplete, but it is here given -for what it is worth. In a general way the broken line follows the solid -line with the exception of the year 1892 and the last five years. In the -review of the year 1881, the Tribune reported ninety-one legal -executions but gave no record of lynchings. To indicate the direction of -the broken line previous to 1882 a short line has been drawn at the left -of the chart. - -On the whole, Chart I seems to indicate a relationship between legal -executions and lynchings. There is an indication that the upward -tendency in the broken line since 1887 may have contributed to the -downward tendency in the solid line since 1892—the punishment of crimes -by law may tend to make recourse to lynching less frequent. Another -factor is needed, however, to make this reasoning conclusive; some way -of measuring the amount of crime in the country during these several -years is requisite. For this purpose the writer took the number of -murders reported by the Tribune and plotted them on a trial chart in -connection with the number lynched and the number legally executed. The -result was so unsatisfactory and inconclusive, however, that any attempt -to make such a comparison was abandoned.[213] - -In Chart II is shown the number of persons lynched according to months -throughout the twenty-two years, 1882–1903. Because of the difference in -the characteristics of lynchings in different sections of the United -States, and because of the differences in climate, the States have been -divided into three groups as follows: (1) The Southern Group, comprising -Maryland, Virginia, West Virginia, North Carolina, South Carolina, -Georgia, Florida, Kentucky, Tennessee, Alabama, Mississippi, Missouri, -Arkansas, Louisiana, and Texas; (2) The Western Group, comprising all -the other States and Territories west of the Mississippi River; (3) The -Eastern Group, comprising all the other States east of the Mississippi -River. - -In the Southern Group the fewest are lynched in the months of January, -February, and November. The largest number are lynched in June, July, -and December. By dividing the twenty-two years into three periods and -drawing lines to show the monthly fluctuations for each of these -periods, it can be shown that these same tendencies are characteristic -of shorter periods of time, the tendency toward an increase in December -being less marked, however, in the period 1896–1903. Several -explanations suggest themselves. Perhaps the best explanation of the -fall in the line from the high point in June and July to a much lower -point in August is suggested by the fact that since most of the persons -lynched in the Southern Group are negroes and their time is largely -occupied with their camp-meetings and various religious exercises during -the month of August,—a custom which originated in the time of -slavery,[214]—they commit a smaller number of crimes against the whites -and thus there is less occasion for lynching during that month. During -the months of June and July, on the other hand, when there is work to be -done in tending the growing crops, disagreements and quarrels frequently -arise between the whites and the blacks, the latter often retaliating -upon the former by some offense against property or person, thus giving -greater occasion for lynching. The increase in December is possibly due -to indulgence in excesses and to the commission of a greater number of -offenses by the negroes in connection with their celebration of -Christmas. Idleness on the part of the negroes probably has much to do -with the whole matter. It has long been true that “the Devil finds work -for idle hands to do.” - -In the Western Group there is comparatively little variation in the -number lynched in the different months. The drop in the line in the -months of February and November is probably explained by the fact that -those two months are the busy seasons of the year for the cattlemen. The -“fall round-up” takes place in November and the “spring round-up” about -February. - -In the Eastern Group the line shows very little variation in the number -lynched in the different months. A slight increase in the month of June -is indicated. - -Chart III shows the percentages lynched for various causes by months for -the entire period of twenty-two years and for the total number of -persons lynched in the United States during that time. - -Before proceeding to an analysis of this chart a word of explanation is -necessary concerning the classification of causes that has been adopted. -The various causes assigned for the lynchings in the Tribune record have -been grouped into eight classes as follows: Murder, Rape, Assault, Minor -Offenses, Desperadism,[215] Theft, Arson, Unknown. - -The class Murder includes murder, attempted murder, accessory to murder, -suspected murder, alleged murder, conspiracy to murder, complicity in -murder. - -The class Rape includes rape, attempted rape, alleged rape. - -The class Minor Offenses includes race prejudice, miscegenation, and -various minor offenses; such as (for whites) wife beating, cruelty, -kidnapping, saloon keeping, turning state’s evidence, refusing to turn -state’s evidence, being obnoxious, swindling, political prejudice, -seduction, giving information, frauds, informing, protecting a negro, -giving evidence, mob indignation, illicit distilling, disorderly -conduct, incest, elopement, revenue informer, disreputable character, -arrest of a minor, aiding escape of murderer, suspected of killing -cattle, prospective elopement; (for negroes) grave robbery, threatened -political exposures, slander, self-defense, wife beating, cutting -levees, kidnapping, voodooism, poisoning horses, writing insulting -letters, incendiary language, swindling, jilting a girl, colonizing -negroes, turning state’s evidence, political troubles, gambling, -quarreling, poisoning wells, throwing stones, unpopularity, making -threats, circulating scandals, being troublesome, bad reputation, -drunkenness, strike rioting, rioting, insults, supposed offense, -insulting women, fraud, criminal abortion, alleged stock poisoning, -enticing servant away, writing letter to white woman, asking white woman -in marriage, conspiracy, introducing smallpox, giving information, -conjuring, to prevent evidence, being disreputable, informing, -concealing a criminal, slapping a child, shooting at officer, passing -counterfeit money, felony, elopement with white girl, refusing to give -evidence, giving evidence, disobeying ferry regulations, running -quarantine, violation of contract, paying attention to white girl, -resisting assault, inflammatory language, resisting arrest, testifying -for one of his own race, keeping gambling-house, quarrel over profit -sharing, forcing white boy to commit crime, lawlessness. - -The cause “race prejudice” is given, almost without exception, only in -the case of the lynching of negroes by whites and does not appear at all -in the earlier years of the period 1882–1903. The probable reason for -giving race prejudice as a cause for lynching is that no offense had -been committed which was considered worthy of mention as a cause. This -is borne out by the following instances. On February 22, 1898, a negro -by the name of F. B. Baker was lynched at Lake City, South Carolina, for -accepting the office of postmaster. In the Tribune record the cause is -given as “race prejudice.” On February 10, 1894, a negro named Collins -was lynched in Georgia for “enticing servant away.” One newspaper in -reporting this occurrence gave “race prejudice” as the cause. The -colored victims credited to “race prejudice” in 1902 by the Tribune were -lynched because they were supposed to have made some insulting remarks -about several white men. In December, 1903, Eli Hilson, colored, was -killed by “Whitecaps” in Lincoln County, Mississippi, because he refused -to leave the county in response to their warning. In the Tribune record -“race prejudice” is given as the cause for the lynching of Hilson. These -facts constitute the justification for placing “race prejudice” under -Minor Offenses. - -The class Theft includes theft, larceny, burglary, robbery, suspected -robbery, safe breaking, cattle stealing, horse stealing, mule stealing. - -The class Desperadism includes the action of desperado, outlaw, highway -robber, train wrecker, train robber. - -The class Arson includes arson, incendiarism, barn burning. - -The class Assault includes assault, murderous assault. - -The class Unknown includes unknown offense, no offense, without cause, -mistaken identity, by accident, no cause given. There are in the lists -only a few cases of mistaken identity and only one by accident. They -have been put in this class merely because there was no other place to -put them. - -Where more than one cause was given the following principles of -classification have been observed: rape and murder under Rape, robbery -and murder under Murder, arson and murder under Murder, assault and -robbery under Assault, robbery and arson under Arson. - -Throughout this chapter, whenever any one of the above eight classes is -meant the word for the class will be begun with a capital letter. This -will avoid the danger of confusing the present use of the terms with -their ordinary and general use. - -In an analysis of Chart III, it appears that smaller percentages of -persons are lynched for Murder in the summer months than in the winter -months, and that larger percentages are lynched for Rape in the summer -months than in the winter months, but that if Murder and Rape be taken -together larger percentages are lynched for those crimes in the summer -than in the winter. The percentage lynched for Assault shows little -variation throughout the year. The percentage lynched for Minor Offenses -is also fairly uniform throughout the year. - -With regard to Desperadism a marked difference is shown between the -summer months and the winter months. Only about one per cent of the -lynchings in the summer are for Desperadism, there being none in the -month of April, while in January 6.4 per cent, in February 10.5 per -cent, in October 4.2 per cent, in November 4.5 per cent, and in December -11.2 per cent are for that cause. The percentage lynched for Theft is -relatively high in May, June, and July, but especially high in October. -Nearly 20 per cent of the lynchings in October are for Theft. There is a -relatively small percentage for Arson in the summer. The larger -percentage of lynchings for Arson are in March, September, October, and -November. - -As to the influence of the seasons on crime, Mayo-Smith states that it -has been pretty well determined that crimes against the person are more -numerous in summer than in winter, and that crimes against property are -more numerous in winter than in summer.[216] Chart III shows conformity -to this law of crimes.[217] A larger percentage is lynched for Murder, -Rape, and Assault—crimes against the person—in summer than in winter. A -larger percentage is lynched for Desperadism, Theft, and Arson,—crimes -against property,—in winter than in summer. - -[Illustration: III. PERCENTAGES LYNCHED FOR VARIOUS CAUSES BY MONTHS -1882–1903] - -[Illustration: IV. NUMBER OF WHITES, NEGROES AND OTHERS LYNCHED -ACCORDING TO YEARS 1882–1903] - -Chart IV shows the relative number of whites, negroes, and other persons -lynched each year during the last twenty-two years. The largest number -of whites were lynched in the year 1884, the majority of them being in -the Western Group of States. Since that year there has been a general -but irregular decline in the lynching of whites. If the tops of the -columns representing the whites were joined together by a line, the line -would rise and fall with more or less regularity, suggesting the -conclusion that lynchings tend to recur in groups from year to year, or, -in other words, that the lynching mania spreads in successive waves over -the country. If the tops of the columns representing the negroes were -joined together by a line, the same tendency would be noticeable, but -the waves would appear less regular and less marked. The waves for the -whites and the negroes do not correspond at all from year to year, but -this perhaps can be explained by the fact that the lynching of negroes -is characteristic of the Southern States while the lynching of whites is -characteristic of the Western States. There is no psychic connection -between the lynching of a negro in the South and the lynching of a -murderer or cattle thief in the West. - -For the lynching of negroes, 1892 and 1893 are the years in which the -largest number were lynched, the numbers being 156 and 155 respectively. -The chart shows a general increase in the lynching of negroes from 1882 -to 1892, and a general decline from 1893 to 1903. In 1903, however, -nearly twice as many negroes were lynched as in 1882. The chart also -shows an increase in the proportion of negroes lynched to whites lynched -during the period 1882–1903. - -The total number of negroes lynched during the twenty-two years is -2,060, an average of 93⁷⁄₁₁ per year. The total number of whites lynched -during the twenty-two years is 1,169, an average of 53³⁄₂₂ per year. - -Chart IV also shows, under the title of Others, the comparatively small -number (108) of Indians, Mexicans, and foreigners that have been lynched -during the twenty-two years. In the years when the larger numbers were -lynched they were distributed as follows: in 1883, seven Mexicans, four -Indians, and one Chinaman; in 1884, six Mexicans, one Indian, one -Japanese, and one Swiss; in 1885, six Chinese and two Indians; in 1891, -eleven Italians (at New Orleans), two Indians, and two Chinese; in 1893, -five Italians, two Indians, two Mexicans, and one Bohemian; in 1895, -five Italians (at Walsenburg, Colorado), two Indians, and two Mexicans. -In all, forty-five Indians, twenty-eight Italians, twenty Mexicans, -twelve Chinese, one Japanese, one Swiss, and one Bohemian were lynched -during the period 1882–1903. - -Chart V shows the number of females, both white and colored, lynched -each year during the twenty-two years. With the exception of the years -1882, 1883, 1887, and 1899 one or more were lynched each year. In the -year 1895, thirteen were lynched, eight colored and five white women. -The majority of the colored females were lynched in the five years -1891–95. In all, forty colored and twenty-three white females, or a -total of sixty-three females were lynched during the period 1882–1903. - -The lower half of Chart V shows the causes for which the females were -lynched. Of the whites, nine were lynched for murder or complicity in -murder, one for being a disreputable character, one because of mob -indignation, one for race prejudice, one for miscegenation, one for -arson, two for theft, and seven for unknown reasons. - -Of the colored, twenty were lynched for murder or complicity in murder, -two for alleged well poisoning, eight for race prejudice, five for -arson, one for theft, and four for unknown reasons. - -[Illustration: V. NUMBER OF WOMEN (WHITES AND NEGROES) LYNCHED ACCORDING -TO YEARS 1882–1903] - -[Illustration: PROPORTION LYNCHED FOR VARIOUS CAUSES 1882–1903 WOMEN -(WHITES AND NEGROES)] - -[Illustration: VI. PERCENTAGES LYNCHED FOR VARIOUS CAUSES BY YEARS -1882–1903 WHITES AND OTHERS] - -Chart V really supplements Chart IV. In Chart IV, the 3,337 persons who -have been lynched during the twenty-two years are classified according -to race only. In Chart V the number of females in Chart IV is shown and -also the causes for which they were lynched. In the further -investigation sex will be disregarded and the whites, Indians, Mexicans, -and foreigners will be grouped together under the head of Whites and -Others, this making a classification into negroes and those not negroes. - -Chart VI shows the percentages lynched for various causes by years, -1882–1903, for Whites and Others. The percentages lynched for the -various causes vary greatly from year to year. The percentage lynched -for Murder varies from 24 per cent to 70 per cent. The percentage -lynched for Theft varies from 3.9 per cent to 46.5 per cent. In the -three years 1898–1900, and in the year 1903, none were lynched for -Theft. The percentage lynched for Rape varies from 1.8 per cent to 20 -per cent, none being lynched for that cause in 1902. Rape is not -particularly important as a cause. The chief value of Chart VI is seen -by contrasting it with Chart VII. - -Chart VII shows the percentages lynched for various causes by years, -1882–1903, for Negroes. The percentage lynched for Murder does not vary -greatly from year to year, the extreme variation being from 28.2 per -cent in the year 1882 to 53 per cent in the year 1898. Rape appears as -an important cause, the percentage varying from 22.6 per cent in the -year 1901 to 56.5 per cent in the year 1882. The chart indicates in a -general way a decrease in the importance of Rape as a cause for the -lynching of Negroes since 1882. Minor Offenses, on the contrary, have -increased in importance as a cause for the lynching of Negroes. In the -later years, also, a larger percentage has been for Assault. - -Comparing Charts VI and VII it appears that there is greater uniformity -in the percentages lynched for the different causes from year to year in -the case of the Negroes than in the case of the Whites and Others. A -smaller percentage is lynched for Murder and a much larger percentage is -lynched for Rape in the case of the Negroes than in the case of the -Whites and Others. For the Negroes, Theft is largely larceny and -burglary while for the Whites and Others it is stealing live stock. -Desperadism figures to a very limited extent as a cause for lynching -Negroes. Assault figures to a very limited extent as a cause for -lynching Whites and Others. - -Chart VIII shows the proportion lynched for various causes, 1882–1903, -for Whites and Others. This chart, like Chart VI, covers the total -number of Whites and Others that have been lynched during the period, -without reference to particular sections of the country. Murder with 628 -stands highest, and Theft, with 264, second. Rape with 109 ranks third -as a cause, and Desperadism, with 93, fourth. Minor Offenses is credited -with 52, Arson with 31, and Assault with 11. The number lynched which -fall under the class Unknown is 89. Of the total number, 49.2 per cent -were lynched for Murder, 20.6 per cent for Theft, 8.5 per cent for Rape, -7.3 per cent for Desperadism, 4 per cent for Minor Offenses, 2.4 per -cent for Arson, .8 per cent for Assault, and 7 per cent is credited to -Unknown. Of those lynched for Theft, nearly 90 per cent were lynched for -the crime of stealing live stock. - -[Illustration: VII PERCENTAGES LYNCHED FOR VARIOUS CAUSES BY YEARS -1882–1903 NEGROES] - -[Illustration: VIII. PROPORTION LYNCHED FOR VARIOUS CAUSES 1882–1903 -WHITES AND OTHERS] - -Chart IX shows the proportion lynched for various causes, 1882–1903, for -Negroes. This chart, like the preceding chart, covers the total number -of Negroes that have been lynched during the period, without reference -to particular sections of the country. By far the greater number of -Negroes have been lynched either for Murder or for Rape. Murder is -credited with 783 and Rape with 707. Minor Offenses with 208 ranks third -as a cause for the lynching of Negroes, and Arson, with 104, fourth. -Theft with 101 ranks fifth. Assault is credited with 47 and Desperadism -with 20. To the class Unknown 90 are credited. Of the total number, 38 -per cent were lynched for Murder, 34.3 per cent for Rape, 10.1 per cent -for Minor Offenses, 5 per cent for Arson, 4.9 per cent for Theft, 2.3 -per cent for Assault, .9 per cent for Desperadism, and 4.3 per cent is -credited to Unknown. Of the Negroes lynched for Theft only 14 per cent -were lynched for stealing live stock, the remaining 86 per cent being -lynched for causes that may be fairly classed under petty larceny. - -By comparing Charts VIII and IX the characteristic differences in the -reasons assigned for the lynching of Negroes and for the lynching of -Whites and Others are readily seen. The larger number in each case is -under Murder, but further than that the order of the arrangement of the -causes does not agree. Rape which occupies second place in the chart for -the Negroes and is nearly equal to Murder, drops to third place on the -chart for the Whites and Others. Comparatively speaking, Theft, -particularly the stealing of live stock, and Desperadism are much more -important as causes for the lynching of Whites and Others than for the -lynching of Negroes. In the case of the Negroes, Rape, Minor Offenses, -and Arson are much more important as causes than in the case of the -Whites and Others. Assault is also more important as a cause for -lynching Negroes than for lynching Whites and Others. - -Chart X shows the proportion lynched for various causes in the Southern -Group of States, 1882–1903, for Whites and Others. The majority of the -Whites and Others that have been lynched in this section of the country -have been lynched for Murder. The numbers lynched for the various causes -are as follows: Murder 321, Rape 69, Theft 63, Minor Offenses 42, -Desperadism 30, Arson 19, Assault 6, Unknown 50. The percentages lynched -for the various causes are as follows: Murder 53.5 per cent, Rape 11.5 -per cent, Theft 10.5 per cent, Minor Offenses 7 per cent, Desperadism 5 -per cent, Arson 3.2 per cent, Assault 1 per cent, Unknown 8.3 per cent. - -Chart XI shows the proportion lynched for various causes in the Southern -Group of States, 1882–1903, for Negroes. As might be expected, the -causes arrange themselves in the same order as in Chart IX. The numbers -lynched for the various causes are as follows: Murder 753, Rape 675, -Minor Offenses 206, Arson 104, Theft 96, Assault 46, Desperadism 18, -Unknown 87. The percentages lynched for the various causes are as -follows: Murder 38 per cent, Rape 34 per cent, Minor Offenses 10.3 per -cent, Arson 5.2 per cent, Theft 4.8 per cent, Assault 2.3 per cent, -Desperadism .9 per cent, Unknown 4.3 per cent. - -[Illustration: IX. PROPORTION LYNCHED FOR VARIOUS CAUSES 1882–1903 -NEGROES] - -[Illustration: X. PROPORTION LYNCHED FOR VARIOUS CAUSES IN SOUTHERN -STATES 1882–1903 WHITES AND OTHERS] - -A comparison of Charts X and XI shows how greatly the lynching of -Negroes in the South predominates over the lynching of Whites and -Others. Against 600 Whites and Others lynched during the twenty-two -years, 1,985 Negroes were lynched. With regard to the causes assigned -for the lynchings a wide variation is observed. Only 38 per cent of the -Negroes, against 53.5 per cent of the Whites and Others, were lynched -for Murder. Rape stands next to Murder in order of importance in both -cases, but while 34 per cent of the Negroes were lynched for Rape, only -11.5 per cent of the Whites and Others were lynched for that cause. -Minor Offenses, Arson, Theft, and Assault appear as of much more -importance as causes for the lynching of Negroes than for the lynching -of Whites and Others. - -Those who assume that the majority of the negroes lynched in the South -are lynched for the crime of rape against white women, and that the -lynching of negroes is therefore justifiable, will find very little -satisfaction in an examination of Chart XI. In the classification of the -cases the writer has put every case where both rape and murder were -assigned as the cause, under Rape. It is possible that if a careful -investigation were made of all the cases credited to Murder, it might be -found that the motive in some cases was rape but that the actual crime -committed was murder, and that it was for rape as well as for murder -that the negroes in such cases were lynched. The lynchers may have -considered themselves the avengers of the crime of rape as well as of -the crime of murder. The statistics, however, cannot be made to show -that more than thirty-four per cent of the negroes lynched in the South -during the last twenty-two years have been lynched for the crime of -rape, either attempted, alleged, or actually committed; and it is safe -to say that if rape were connected with the offense in any case, that -fact would ordinarily be stated in the report. - -Chart XII shows the proportion lynched for various causes in the Western -Group of States, 1882–1903. This chart covers the total number of -persons lynched in that section of the country during the twenty-two -years, no distinction being made either as to race or nationality. The -numbers lynched for the various causes are as follows: Murder 279, Theft -199, Desperadism 64, Rape 34, Arson 12, Minor Offenses 9, Assault 4, -Unknown 31. The total number lynched for all causes is 632. The -percentages lynched for the various causes are as follows: Murder 44.1 -per cent, Theft 31.5 per cent, Desperadism 10.1 per cent, Rape 5.4 per -cent, Arson 1.9 per cent, Minor Offenses 1.4 per cent, Assault .6 per -cent, Unknown 4.9 per cent. Lynchings for Theft and Desperadism are -particularly characteristic of the Western States. Of the 199 lynched -for Theft, 189 or 95 per cent were lynched for stealing live stock. - -Chart XIII shows the proportion lynched for various causes in the -Eastern Group of States, 1882–1903. The chart covers the total number of -persons, without distinction as to race or nationality, who have been -lynched in that section of the country during the twenty-two years. The -majority have been lynched for Murder and Rape. The numbers lynched for -the various causes are as follows: Murder 58, Rape 38, Theft 7, Minor -Offenses 3, Assault 2, Desperadism 1, Unknown 11. None were lynched for -Arson. The percentages lynched for the various causes are as follows: -Murder 48.3 per cent, Rape 31.7 per cent, Theft 5.8 per cent, Minor -Offenses 2.5 per cent, Assault 1.7 per cent, Desperadism .8 per cent, -Unknown 9.1 per cent. - -[Illustration: XI. PROPORTION LYNCHED FOR VARIOUS CAUSES IN SOUTHERN -STATES 1882–1903 NEGROES] - -[Illustration: XII. PROPORTION LYNCHED FOR VARIOUS CAUSES IN WESTERN -STATES 1882–1903] - -Thus far in this investigation the question of the distribution of -lynchings has only entered to the extent of dividing the United States -into three sections, the Southern Group of States, the Western Group, -and the Eastern Group.[218] The following tables show the distribution -of lynchings by States on the basis of the number of persons lynched, -these persons being classified into Whites, Negroes and Others. - - NUMBER OF PERSONS LYNCHED IN SOUTHERN STATES, 1882–1903 - - WHITES NEGROES OTHERS TOTAL - - Mississippi 39 294 1 334 - Texas 114 199 11 324 - Louisiana 34 232 19 285 - Georgia 28 241 269 - Alabama 46 198 244 - Arkansas 60 139 1 200 - Tennessee 49 150 199 - Kentucky 64 103 167 - Florida 19 115 134 - South Carolina 8 109 117 - Missouri 49 42 91 - Virginia 21 70 91 - North Carolina 15 48 1 64 - West Virginia 19 27 46 - Maryland 2 18 20 - ——— ———— ——— ————— - Total 567 1985 33 2585 - - NUMBER OF PERSONS LYNCHED IN WESTERN STATES, 1882–1903 - - WHITES NEGROES OTHERS TOTAL - - Indian Territory (Oklahoma) 73 7 15 95 - Montana 80 1 4 85 - Colorado 55 3 6 64 - Nebraska 52 2 2 56 - Kansas 34 17 51 - California 29 12 41 - Wyoming 37 37 - Dakota (North and South) 28 1 6 35 - New Mexico 30 1 3 34 - Arizona 25 3 28 - Washington 20 6 26 - Idaho 14 5 19 - Oregon 15 1 3 19 - Iowa 15 1 16 - Alaska 4 4 8 - Utah 4 1 2 7 - Minnesota 5 1 6 - Nevada 3 2 5 - ——— —— —— ——— - Total 523 34 75 632 - - NUMBER OF PERSONS LYNCHED IN EASTERN STATES, 1882–1903 - - WHITES NEGROES OTHERS TOTAL - - Indiana 41 11 52 - Ohio 10 11 21 - Illinois 11 10 21 - Michigan 7 1 8 - Pennsylvania 2 5 7 - Wisconsin 6 6 - New York 1 1 2 - New Jersey 1 1 - Connecticut 1 1 - Delaware 1 1 - —— —— — ——— - Total 79 41 120 - - TOTAL NUMBER OF PERSONS LYNCHED, 1882–1903 - - WHITES NEGROES OTHERS TOTAL - - Southern 567 1985 33 2585 - Western 523 34 75 632 - Eastern 79 41 120 - ———— ———— ——— ———— - Total 1169 2060 108 3337 - -[Illustration: XIII. PROPORTION LYNCHED FOR VARIOUS CAUSES IN EASTERN -STATES 1882–1903] - -Excluding the New England States there are no States in the Union in -which lynchings have not taken place during the last twenty-two years. -In forty-five of the States and Territories, as they are at present -organized, one or more persons have been lynched during this period. In -the Southern Group of States more than three times as many negroes as -whites have been lynched. In Texas the “Others” were Mexicans, with the -exception of one Indian; in Louisiana the “Others” were all Italians. In -the Western Group of States only about five per cent of the persons -lynched were negroes while nearly twelve per cent were “Others,” the -majority of whom were Indians, but there were also Chinamen, Mexicans, -Italians, a Japanese, a Swiss, and a Bohemian. In the Eastern Group of -States about thirty-four per cent of the persons lynched were negroes -and the rest were whites, there being no “Others.” - -Only one lynching with one person lynched is credited to the New England -States. In July, 1886, in Litchfield County, Connecticut, Charles -Lockwood, a farm-hand, was found early one morning hanging from the limb -of a tree, evidently having been dead for several hours. According to -the New York Times,[219] public opinion was divided as to whether he had -been lynched or had committed suicide. The coroner’s verdict said that -it was a case of suicide. To a disinterested party, however, the -evidence appears very strong in favor of the former view. Lockwood had -brutally murdered “pretty Mattie Randell,” of Morris, Connecticut, and -escaped. Searching parties were organized and were scouring the country, -and feeling ran high in the community against him. Threats were -repeatedly made against his life. His body was found one morning -dangling from the limb of a tree. In the writer’s opinion, formed from -reading various newspaper accounts of the occurrence, the Chicago -Tribune rightly included Charles Lockwood in the list of persons lynched -in the year 1886. - -For the purpose of studying the distribution of lynchings with a view to -determining what particular characteristics of the population, if any, -promote and foster the practice of lynching, it is the number of -lynchings that have occurred in specified districts which should be -considered rather than the number of persons who have been lynched in -those districts. Not infrequently several persons have been lynched at -one time and such cases would tend to vitiate any conclusions drawn from -an investigation made on the basis of the number of persons lynched. The -circumstances which surround lynchings do not vary in any respect -according to the number of victims at particular lynchings. The -following tables have therefore been prepared to show the distribution -of lynchings by States on the basis of the number of lynchings. In -making up these figures it was found necessary to establish some -standard length of time for a lynching. There were a number of cases -where persons were lynched on succeeding or subsequent days at or near -the same place, and the question arose as to whether there was one -lynching or more than one lynching in such cases. It would seem that -ordinarily, if one whole day intervened between the lynching of one -person and the lynching of another person, sufficient time had elapsed -for the excitement over the lynching of the first person to abate -somewhat and that the lynching of the second person in such a case could -not rightfully be considered a part of the preceding act of mob -violence. Using this as a criterion, all cases in which persons were -lynched on two succeeding days at or near the same place have been -classified as one lynching, but all cases in which at least a day -intervened in the lynching of two or more persons at or near the same -place have been classified as two or more lynchings. - - NUMBER OF LYNCHINGS BY YEARS IN SOUTHERN STATES, 1882–1903 - - ═══════════╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══ - │’82│’83│’84│’85│’86│’87│’88│’89│’90│’91│’92│’93│’94│’95 - ───────────┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼─── - Mississippi│ 3│ 10│ 10│ 12│ 12│ 10│ 10│ 22│ 11│ 20│ 11│ 12│ 14│ 13 - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Georgia │ 3│ 5│ 5│ 9│ 6│ 4│ 12│ 9│ 17│ 11│ 13│ 11│ 16│ 14 - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Texas │ 10│ 13│ 15│ 20│ 14│ 6│ 10│ 10│ 22│ 13│ 8│ 8│ 10│ 17 - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Louisiana │ 5│ 3│ 5│ 2│ 6│ 9│ 7│ 8│ 8│ 14│ 18│ 12│ 11│ 4 - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Alabama │ 5│ 4│ 3│ 4│ 4│ 4│ 9│ 6│ 8│ 14│ 14│ 17│ 12│ 10 - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Tennessee │ 2│ 6│ │ 9│ 6│ 4│ 6│ 5│ 8│ 12│ 20│ 14│ 12│ 11 - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Arkansas │ 2│ 7│ 6│ 7│ 3│ 8│ 2│ 5│ 6│ 10│ 20│ 9│ 6│ 7 - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Kentucky │ 6│ 4│ 6│ 3│ 5│ 6│ 6│ 8│ 5│ 7│ 9│ 11│ 16│ 12 - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Florida │ 2│ 1│ 2│ 3│ 4│ 3│ 2│ │ 3│ 8│ 7│ 6│ 7│ 8 - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - South │ 6│ 3│ 1│ 1│ 4│ 2│ 2│ 5│ 4│ 1│ 5│ 11│ 5│ 5 - Carolina │ │ │ │ │ │ │ │ │ │ │ │ │ │ - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Missouri │ 3│ 2│ 3│ 6│ 4│ 1│ 1│ 7│ 1│ 1│ 5│ 4│ 5│ 4 - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Virginia │ 2│ 1│ 5│ 4│ 2│ 1│ 3│ 7│ 3│ 4│ 5│ 8│ 5│ 2 - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - North │ │ 2│ 3│ 6│ 2│ 3│ 6│ 3│ 2│ 2│ 5│ 2│ 1│ 1 - Carolina │ │ │ │ │ │ │ │ │ │ │ │ │ │ - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - West │ 1│ │ 2│ 1│ 3│ 3│ 2│ 4│ │ 2│ 5│ │ 2│ - Virginia │ │ │ │ │ │ │ │ │ │ │ │ │ │ - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Maryland │ │ │ 2│ 3│ 1│ 2│ │ 1│ │ 1│ 1│ │ 1│ 3 - ───────────┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼─── - Total │ 50│ 61│ 68│ 90│ 76│ 66│ 78│100│ 98│120│146│125│123│111 - ═══════════╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══ - - ═══════════╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═════ - │’96│’97│’98│’99│’00│’01│’02│’03│Total - ───────────┼───┼───┼───┼───┼───┼───┼───┼───┼───── - Mississippi│ 6│ 15│ 12│ 11│ 15│ 11│ 9│ 14│ 263 - │ │ │ │ │ │ │ │ │ - Georgia │ 8│ 13│ 12│ 17│ 14│ 13│ 9│ 10│ 231 - │ │ │ │ │ │ │ │ │ - Texas │ 4│ 14│ 3│ 6│ 2│ 7│ 5│ 6│ 223 - │ │ │ │ │ │ │ │ │ - Louisiana │ 21│ 10│ 8│ 9│ 9│ 14│ 10│ 11│ 204 - │ │ │ │ │ │ │ │ │ - Alabama │ 13│ 16│ 8│ 5│ 8│ 12│ 4│ 2│ 182 - │ │ │ │ │ │ │ │ │ - Tennessee │ 12│ 5│ 7│ 2│ 6│ 9│ 4│ 4│ 164 - │ │ │ │ │ │ │ │ │ - Arkansas │ 4│ 10│ 10│ 5│ 6│ 5│ 6│ 10│ 154 - │ │ │ │ │ │ │ │ │ - Kentucky │ 6│ 7│ 5│ 3│ 1│ 4│ 8│ 2│ 140 - │ │ │ │ │ │ │ │ │ - Florida │ 7│ 6│ 1│ 4│ 7│ 5│ 3│ 6│ 95 - │ │ │ │ │ │ │ │ │ - South │ 4│ 6│ 5│ 1│ 2│ 5│ 2│ 5│ 85 - Carolina │ │ │ │ │ │ │ │ │ - │ │ │ │ │ │ │ │ │ - Missouri │ 5│ 3│ 5│ 3│ 2│ 4│ 4│ 3│ 76 - │ │ │ │ │ │ │ │ │ - Virginia │ │ 5│ 4│ 1│ 5│ 2│ 4│ │ 73 - │ │ │ │ │ │ │ │ │ - North │ 1│ 2│ 2│ 2│ 3│ 1│ 3│ 1│ 53 - Carolina │ │ │ │ │ │ │ │ │ - │ │ │ │ │ │ │ │ │ - West │ 1│ │ 1│ 1│ 2│ 1│ 2│ 1│ 34 - Virginia │ │ │ │ │ │ │ │ │ - │ │ │ │ │ │ │ │ │ - Maryland │ 1│ 1│ 2│ │ 1│ │ │ │ 20 - ───────────┼───┼───┼───┼───┼───┼───┼───┼───┼───── - Total │ 93│113│ 85│ 70│ 83│ 93│ 73│ 75│ 1997 - ═══════════╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═════ - NUMBER OF LYNCHINGS BY YEARS IN WESTERN STATES, 1882–1903 - - ════════════╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══ - │’82│’83│’84│’85│’86│’87│’88│’89│’90│’91│’92│’93│’94│’95 - ────────────┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼─── - Indian │ │ 1│ │ 3│ 3│ 2│ 3│ 4│ │ 2│ 1│ 5│ 6│ 5 - Territory │ │ │ │ │ │ │ │ │ │ │ │ │ │ - (Oklahoma)│ │ │ │ │ │ │ │ │ │ │ │ │ │ - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Kansas │ 2│ 2│ 2│ 5│ 5│ 1│ 3│ 2│ │ │ 3│ 3│ 3│ 1 - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Nebraska │ │ 2│ 6│ 1│ 3│ 4│ 4│ 6│ 2│ 2│ │ │ 2│ 3 - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Colorado │ 6│ 1│ 3│ 1│ 3│ │ 4│ │ 2│ 2│ │ 1│ 1│ 2 - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Montana │ │ 5│ 9│ 2│ │ │ 3│ 2│ │ 3│ 1│ 1│ │ - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - California │ │ 3│ 2│ 2│ 1│ 3│ 3│ 1│ 2│ 1│ 4│ 1│ 1│ 4 - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - New Mexico │ 5│ 2│ 4│ 3│ │ 1│ │ 2│ 1│ │ │ 4│ │ 1 - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Dakota │ 1│ 1│ 3│ 2│ │ │ 3│ │ 1│ 2│ 1│ 1│ 1│ 1 - (North & │ │ │ │ │ │ │ │ │ │ │ │ │ │ - South) │ │ │ │ │ │ │ │ │ │ │ │ │ │ - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Washington │ 2│ 1│ 2│ 2│ 1│ │ │ 1│ │ 3│ 1│ 1│ 1│ 1 - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Arizona │ 4│ 1│ 1│ 1│ │ 2│ 2│ │ 1│ │ 2│ │ │ - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Wyoming │ 2│ │ 1│ │ │ │ 1│ 3│ │ 1│ 4│ │ │ - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Iowa │ │ 3│ │ 2│ │ 2│ │ 1│ │ │ │ 2│ 2│ - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Oregon │ │ │ 4│ 3│ │ 1│ │ │ 2│ │ │ │ │ - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Idaho │ 1│ │ 1│ 2│ │ │ 1│ │ │ │ 1│ 1│ │ - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Alaska │ │ 2│ │ │ │ │ │ │ │ │ │ │ │ - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Minnesota │ 2│ │ │ │ │ │ │ │ │ │ │ 2│ │ - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Utah │ │ 3│ 2│ │ │ │ │ │ │ │ │ │ │ - │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Nevada │ │ │ │ │ │ │ 1│ │ 1│ │ │ │ │ - ────────────┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼─── - Total │ 25│ 27│ 40│ 29│ 16│ 16│ 28│ 22│ 12│ 16│ 18│ 22│ 17│ 18 - ════════════╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══ - - ════════════╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═════ - │’96│’97│’98│’99│’00│’01│’02│’03│Total - ────────────┼───┼───┼───┼───┼───┼───┼───┼───┼───── - Indian │ 4│ 1│ 3│ 1│ │ 3│ │ │ 47 - Territory │ │ │ │ │ │ │ │ │ - (Oklahoma)│ │ │ │ │ │ │ │ │ - │ │ │ │ │ │ │ │ │ - Kansas │ │ │ 1│ 3│ 1│ 2│ 1│ │ 40 - │ │ │ │ │ │ │ │ │ - Nebraska │ │ │ │ │ │ │ │ │ 35 - │ │ │ │ │ │ │ │ │ - Colorado │ 2│ │ │ │ 3│ │ 1│ │ 32 - │ │ │ │ │ │ │ │ │ - Montana │ │ │ 1│ │ │ 2│ │ 3│ 32 - │ │ │ │ │ │ │ │ │ - California │ │ 1│ │ │ │ 2│ │ │ 31 - │ │ │ │ │ │ │ │ │ - New Mexico │ │ │ │ │ │ │ │ │ 23 - │ │ │ │ │ │ │ │ │ - Dakota │ │ 2│ │ │ │ │ 1│ │ 20 - (North & │ │ │ │ │ │ │ │ │ - South) │ │ │ │ │ │ │ │ │ - │ │ │ │ │ │ │ │ │ - Washington │ │ │ 1│ │ │ │ │ 1│ 18 - │ │ │ │ │ │ │ │ │ - Arizona │ │ 2│ │ │ │ │ │ 1│ 17 - │ │ │ │ │ │ │ │ │ - Wyoming │ │ │ 1│ │ │ │ 1│ 2│ 16 - │ │ │ │ │ │ │ │ │ - Iowa │ │ │ │ │ │ │ │ │ 12 - │ │ │ │ │ │ │ │ │ - Oregon │ │ │ │ │ │ │ 1│ │ 11 - │ │ │ │ │ │ │ │ │ - Idaho │ │ │ │ │ │ 1│ │ │ 8 - │ │ │ │ │ │ │ │ │ - Alaska │ │ 3│ 1│ │ │ │ │ │ 6 - │ │ │ │ │ │ │ │ │ - Minnesota │ 1│ │ │ │ │ │ │ │ 5 - │ │ │ │ │ │ │ │ │ - Utah │ │ │ │ │ │ │ │ │ 5 - │ │ │ │ │ │ │ │ │ - Nevada │ │ 2│ │ │ │ │ │ 1│ 5 - ────────────┼───┼───┼───┼───┼───┼───┼───┼───┼───── - Total │ 7│ 11│ 8│ 4│ 4│ 10│ 5│ 8│ 363 - ════════════╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═════ - NUMBER OF LYNCHINGS BY YEARS IN EASTERN STATES, 1882–1903 - - ════════════╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══ - │’82│’83│’84│’85│’86│’87│’88│’89│’90│’91│’92│’93│’94│’95 - ────────────┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼─── - Indiana │ 4│ 3│ 3│ │ 5│ 5│ │ 2│ 4│ 3│ │ 2│ 2│ - Ohio │ 2│ 1│ 1│ 3│ 2│ 1│ │ │ │ 1│ 4│ │ 2│ 2 - Illinois │ │ 1│ │ 2│ 1│ │ 2│ │ │ 1│ 1│ 2│ 1│ 1 - Michigan │ │ 2│ │ │ │ │ 1│ 1│ │ 1│ │ 1│ │ - Pennsylvania│ 1│ │ 1│ │ │ │ 1│ │ │ 2│ │ │ 1│ - Wisconsin │ │ │ 1│ │ │ │ 1│ 1│ │ 2│ │ │ 1│ - New York │ │ │ │ │ │ │ │ │ │ │ 1│ │ │ - Connecticut │ │ │ │ │ 1│ │ │ │ │ │ │ │ │ - Delaware │ │ │ │ │ │ │ │ │ │ │ │ │ │ - New Jersey │ │ │ │ │ 1│ │ │ │ │ │ │ │ │ - ────────────┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼─── - Total │ 7│ 7│ 6│ 5│ 10│ 6│ 5│ 4│ 4│ 10│ 6│ 5│ 7│ 3 - ════════════╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══ - - ════════════╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═════ - │’96│’97│’98│’99│’00│’01│’02│’03│Total - ────────────┼───┼───┼───┼───┼───┼───┼───┼───┼───── - Indiana │ 1│ 1│ 1│ │ 2│ 1│ 1│ │ 40 - Ohio │ │ 1│ │ │ │ │ │ │ 20 - Illinois │ 1│ 1│ 1│ │ │ │ 2│ 3│ 20 - Michigan │ │ │ │ │ │ │ 1│ │ 7 - Pennsylvania│ │ │ │ 1│ │ │ │ │ 7 - Wisconsin │ │ │ │ │ │ │ │ │ 6 - New York │ 1│ │ │ │ │ │ │ │ 2 - Connecticut │ │ │ │ │ │ │ │ │ 1 - Delaware │ │ │ │ │ │ │ │ 1│ 1 - New Jersey │ │ │ │ │ │ │ │ │ 1 - ────────────┼───┼───┼───┼───┼───┼───┼───┼───┼───── - Total │ 3│ 3│ 2│ 1│ 2│ 1│ 4│ 4│ 105 - ════════════╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═════ - TOTAL NUMBER OF LYNCHINGS BY YEARS, 1882–1903 - - ════════════╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══ - │’82│’83│’84│’85│’86│’87│’88│’89│’90│’91│’92│’93│’94│’95 - ────────────┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼─── - Southern │ 50│ 61│ 68│ 90│ 76│ 66│ 78│100│ 98│120│146│125│123│111 - States │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Western │ 25│ 27│ 40│ 29│ 16│ 16│ 28│ 22│ 12│ 16│ 18│ 22│ 17│ 18 - States │ │ │ │ │ │ │ │ │ │ │ │ │ │ - Eastern │ 7│ 7│ 6│ 5│ 10│ 6│ 5│ 4│ 4│ 10│ 6│ 5│ 7│ 3 - States │ │ │ │ │ │ │ │ │ │ │ │ │ │ - ────────────┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼───┼─── - Total │ 82│ 95│114│124│102│ 88│101│126│114│146│170│152│147│132 - ════════════╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══ - - ════════════╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═══╤═════ - │’96│’97│’98│’99│’00│’01│’02│’03│Total - ────────────┼───┼───┼───┼───┼───┼───┼───┼───┼───── - Southern │ 93│113│ 85│ 70│ 83│ 93│ 73│ 75│ 1997 - States │ │ │ │ │ │ │ │ │ - Western │ 7│ 11│ 8│ 4│ 4│ 10│ 5│ 8│ 363 - States │ │ │ │ │ │ │ │ │ - Eastern │ 3│ 3│ 2│ 1│ 2│ 1│ 4│ 4│ 105 - States │ │ │ │ │ │ │ │ │ - ────────────┼───┼───┼───┼───┼───┼───┼───┼───┼───── - Total │103│127│ 95│ 75│ 89│104│ 82│ 87│ 2465 - ════════════╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═══╧═════ - -If much that has been said and written in recent years on the subject of -lynching is true; if the presence of the colored race, because of the -character of the crimes which negroes commit, is largely responsible for -the practice of lynching; if the immigration into this country of “the -scum of Europe” is also responsible for the practice; if lynching is, in -addition, a relic of barbarism and a sign of degeneracy in American -civilization,—then there ought to be some correlation between the -distribution of lynchings and the proportion of the white element to the -colored and the foreign elements in the population, and also between the -distribution of lynchings and the degree of illiteracy in the -population. With this idea in mind an attempt has been made to find out -whether any such correlations exist with reference to the lynchings that -have occurred during the last twenty-two years in the Southern Group of -States and in the three States of the Eastern Group in which lynchings -have been most numerous. In the following table the percentage which the -total number of lynchings bears to the total population of these several -States has been placed alongside the percentage of the negroes in the -population, the percentage of foreign born in the population, and the -percentage of illiterates in the population. In the same table also -there have been given the percentage of the persons lynched in these -several States who were whites, and the percentage of the persons -lynched who were negroes. - -From this table there appears to be no distinct correlation between the -distribution of lynchings and the percentage of negroes in the -population. In a general way the percentage of lynchings to the -population is highest in the States where the negro element is largest, -but Virginia, North Carolina, and notably South Carolina, are -exceptions. So far as any correlation at all can be traced between the -percentage of lynchings and the percentage of foreign born, the latter -varies inversely to the former. The percentage of illiterates varies -from State to State in about the same way that the percentage of negroes -does; and hence there is the same general conclusion to be drawn with -reference to the correlation of lynchings to illiteracy as with -reference to the correlation of lynchings to the percentage of negroes, -namely, that there is no distinct correlation. When the percentage of -the persons lynched who were negroes is compared with the percentage of -negroes in the population, however, it is at once apparent that there is -a correlation between them. If plotted graphically the lines -representing the two percentages would rise and fall in almost perfect -uniformity, only Georgia and Tennessee presenting slight exceptions to -the general tendency. - - - ═══════════╤══════════╤══════════╤══════════ - │ PER CENT │ PER CENT │ PER CENT - │ OF │OF WHITES │OF NEGROES - │LYNCHINGS │ IN │ IN - │ TO │POPULATION│POPULATION - │POPULATION│ │ - │ 1900 │ │ - ───────────┼──────────┼────┬─────┼────┬───── - │ │1890│1900 │1890│1900 - ───────────┼──────────┼────┼─────┼────┼───── - Mississippi│ .0169│42.2│ 41.3│57.6│ 58.5 - Georgia │ .0104│53.2│ 53.3│46.7│ 46.7 - Texas │ .0073│78.1│ 79.6│21.8│ 20.4 - Louisiana │ .0147│49.9│ 52.8│50.0│ 47.1 - Alabama │ .0099│55.1│ 54.7│44.8│ 45.2 - Tennessee │ .0081│75.6│ 76.2│24.4│ 23.8 - Arkansas │ .0117│72.6│ 72.0│27.4│ 28.0 - Kentucky │ .0065│85.6│ 86.7│14.4│ 13.3 - Florida │ .0179│57.5│ 56.3│42.5│ 43.7 - South │ .0063│40.1│ 41.6│59.8│ 58.4 - Carolina │ │ │ │ │ - Missouri │ .0024│94.4│ 94.8│ 5.6│ 5.2 - Virginia │ .0039│61.6│ 64.3│38.4│ 35.6 - North │ .0027│65.2│ 66.7│34.7│ 33.0 - Carolina │ │ │ │ │ - West │ .0035│95.7│ 95.5│ 4.3│ 4.5 - Virginia │ │ │ │ │ - Maryland │ .0016│79.3│ 80.2│20.7│ 19.8 - Indiana │ .0015│97.9│ 97.7│ 2.1│ 2.3 - Ohio │ .0004│97.6│ 97.7│ 2.4│ 2.3 - Illinois │ .0004│98.5│ 98.2│ 1.5│ 1.8 - ═══════════╧══════════╧════╧═════╧════╧═════ - - ═══════════╤═══════╤═══════╤══════════╤══════════════ - │ PER │ PER │ PER CENT │ PER CENT OF - │CENT OF│CENT OF│OF FOREIGN│ILLITERATES IN - │LYNCHED│LYNCHED│ BORN IN │ POPULATION - │ WHO │ WHO │POPULATION│ - │ WERE │ WERE │ │ - │WHITES │NEGROES│ │ - ───────────┼───────┼───────┼────┬─────┼────┬───────── - │ │ │1890│1900 │1800│1900[220] - ───────────┼───────┼───────┼────┼─────┼────┼───────── - Mississippi│ 11.67│ 88.02│ 0.6│ 0.5│40.0│ 32.0 - Georgia │ 10.40│ 89.59│ 0.7│ 0.6│39.8│ 30.5 - Texas │ 35.18│ 61.41│ 6.8│ 5.9│19.7│ 14.5 - Louisiana │ 11.92│ 81.40│ 4.4│ 3.8│45.8│ 38.5 - Alabama │ 18.85│ 81.14│ 1.0│ 0.8│41.0│ 34.0 - Tennessee │ 24.62│ 75.37│ 1.1│ 0.9│26.6│ 20.7 - Arkansas │ 30.0│ 69.5│ 1.3│ 1.1│26.6│ 20.4 - Kentucky │ 38.32│ 61.67│ 3.2│ 2.3│21.6│ 16.5 - Florida │ 14.17│ 85.82│ 5.9│ 4.5│27.8│ 21.9 - South │ 6.83│ 93.16│ 0.5│ 0.4│45.0│ 35.9 - Carolina │ │ │ │ │ │ - Missouri │ 53.84│ 46.15│ 8.8│ 7.0│ 9.1│ 6.4 - Virginia │ 23.07│ 76.92│ 1.1│ 1.0│30.2│ 22.9 - North │ 23.43│ 75.0│ 0.2│ 0.2│35.7│ 28.7 - Carolina │ │ │ │ │ │ - West │ 41.30│ 58.69│ 2.5│ 2.3│11.4│ 2.5 - Virginia │ │ │ │ │ │ - Maryland │ 10.0│ 90.0│ 9.0│ 7.9│15.7│ 11.1 - Indiana │ 78.8│ 21.1│ 6.7│ 5.6│ 6.3│ 4.6 - Ohio │ 47.6│ 52.3│12.5│ 11.0│ 5.2│ 4.0 - Illinois │ 52.3│ 47.6│22.0│ 20.1│ 5.2│ 4.2 - ═══════════╧═══════╧═══════╧════╧═════╧════╧═════════ - -For the purpose of further investigating the subject of the distribution -of lynchings in relation to particular characteristics of the -population, the lynchings which have occurred during the last twenty-two -years in the Southern Group of States and in the three States of the -Eastern Group in which lynchings have been most numerous were classified -according to the counties in which they occurred in these several -States. On the basis of this classification a careful study was made of -the same characteristics of the population by counties as were -considered above with reference to the population by States. The -percentage of lynchings to the population in the several counties where -lynchings have taken place was compared with the percentage of negroes, -the percentage of foreign born, and the percentage of illiterates in -those several counties.[221] To facilitate comparison, trial charts were -drawn on which the percentages were plotted in graphic form, and the -results were carefully noted. - -In the comparison of the percentage of lynchings with the percentage of -negroes in the population by counties no correlation can be clearly -distinguished. In many counties where the negroes constitute between -sixty per cent and eighty per cent of the population the percentage of -lynchings is high, but there are also numerous exceptions. - -In the comparison of the percentage of lynchings with the percentage of -foreign born in the population by counties there appears to be no -distinguishable correlation. It is shown pretty conclusively, however, -that there is no tendency for the percentage of lynchings to increase -where the percentage of foreign born in the population is large. - -In the comparison of the percentage of lynchings with the percentage of -illiterates in the population by counties there appears to be not the -slightest correlation. - -The net result of this investigation into some characteristics of the -population in relation to the distribution of lynchings is negative -rather than positive. The proportion between the white and colored -elements in the population does not seem to affect the prevalence of -lynchings. It is only the proportion of whites lynched to negroes -lynched that seems to bear any relation to the proportion between the -white and colored elements in the population. The percentage of foreign -born in the population does not seem to influence the prevalence of -lynchings and there is not the slightest indication that the practice of -lynching is anything else than a thoroughly American practice. So far as -the percentage of illiterates in the population is an indication of the -degree of culture and civilization possessed by a community, it does not -appear that lynchings are confined to backward communities. The -deductions which may be drawn as a result of this investigation afford -no explanation why, for instance, a greater number of lynchings occurred -in Decatur County, Georgia, than in any other county in that State, or -why there were ten lynchings in Dallas County, Alabama, but only one -lynching in Lowndes, an adjoining county. It is probably true that the -distribution of lynchings is largely affected by entirely local -conditions, conditions which cannot be represented by statistics.[222] - -In this chapter nothing has been said about the methods adopted for -lynching during the twenty-two-year period. In the record of lynchings -published by the Chicago Tribune no mention is made of the manner of -death which the victims suffered. It is probably true that most of the -lynchings were either by hanging or by shooting, or by both hanging and -shooting. Additional indignities and cruelties have not infrequently -been inflicted, however, and there have been a number of cases where the -victims have been burned alive. The following cases of lynching by -burning alive have come to the writer’s notice: in 1884, one in Texas; -in 1891, one in Texas, one in Louisiana; in 1892, one in Arkansas; in -1893, one in Texas; in 1894, one in Kentucky; in 1895, one in Texas; in -1897, one in North Carolina; in 1899, one in Georgia, one in -Mississippi, one in Kentucky; in 1901, one in Kansas; in 1902, three in -Mississippi, one in Arkansas, one in Texas, one in Colorado; in 1903, -one in Illinois, one in Delaware; in 1904, one in Mississippi, one in -Georgia, at each of which two persons were burned at the stake, in the -former instance one of them being a woman. In all these cases the -victims were negroes and they were believed to be either guilty of -several crimes or of a single atrocious crime. The majority were lynched -for the double crime of rape, or attempted rape, and murder. - -If these cases of burning alive form a list that is at all complete, -there is ground for believing that as the practice of lynching continues -the punishments inflicted tend to increase in severity and the victims -are tortured more and more before death comes to their relief. - -While the exact figures have been given in this investigation of -lynchings in recent years based on the Chicago Tribune record, it is to -be remembered that these figures are probably only approximations. It is -extremely doubtful whether exactly 3,337 persons have been lynched in -the United States during the last twenty-two years, or whether there -have been exactly 2,465 lynchings. It is probable, however, that these -approximations are as nearly correct and as reliable as any that we -shall ever get, and there seems to be no reason why they should not form -a sound basis for the statistical study attempted in this chapter. - - - - - CHAPTER VII - LYNCH-LAW AND ITS JUSTIFICATION - - -For more than a century the principle laid down by the legislature of -Virginia has been appealed to as a justification for recourse to -lynch-law. In Revolutionary times it was held that the immediate urgency -and imminent danger of the situation justified the summary and -extra-legal measures that were taken to suppress conspiracies against -American patriots. On the frontier it was urged that the imminence of -the danger warranted summary procedure against desperadoes and -marauders, at first merely whipping and banishment, later hanging and -summary execution. In the time of the anti-slavery agitation -circumstances had arisen under which measures, though not strictly -warranted by law, were held to be justifiable from the nature of the -offense. In the opinion of the slave-holder summary treatment in the -form of flogging, tarring and feathering, and banishing the abolitionist -was wholly justifiable. The doctrine that “when the law is inefficient -to take hold of a man the people should” was again and again referred to -in support of the summary punishment of the abolitionists. - -Hidden away in Judge Lawless’s charge to the St. Louis grand jury is the -same principle.[223] If the lawless violence was the work of the “many,” -if it was committed by a representative number of the citizens while in -a state of frenzy and excitement, it must be considered beyond the reach -of human law. In 1839, W. E. Channing stated the principle in the -following words: “Undoubtedly there may be crimes, so unnatural, so -terrible to a community, that a people may be forgiven, if, deeming the -usual forms of justice too slow, they assume the perilous office of -inflicting speedy punishment.... There is, indeed, as I have intimated, -one case where popular commotion does comparatively little harm, I mean -that which is excited by some daring crime, which the laws sternly -forbid, and which sends an electric thrill of horror through a virtuous -community. In such a case, the public without law do the work of law, -and enforce those natural, eternal principles of right, on which all -legislation should rest.”[224] - -Governor Lynch, of Mississippi, in his message to the State legislature -in 1836, used the following language with reference to the hanging of -the Vicksburg gamblers: “However we may regret the occasion, we are -constrained to admit that necessity will sometimes prompt a summary mode -of trial and punishment unknown to the law.”[225] - -A few years later Captain Marryat wrote: - - “Englishmen express their surprise that in a moral community such a - monstrosity as Lynch law should exist; but although the present - system, which has been derived from the original Lynch law, cannot be - too severely condemned, it must, in justice to the Americans, be - considered that the original custom of Lynch law was forced upon them - by circumstances.... In its origin the practice was no more blameable - than were the laws established by the Pilgrim fathers on their first - landing at Plymouth, or any law enacted amongst a community left to - themselves, their own resources, and their own guidance and - government. Lynch law, as at first constituted, was nothing more than - punishment awarded to offenders by a community who had been injured, - and who had no law to refer to, and could have no redress if they did - not take the law into their own hands; the _present_ system of Lynch - law is, on the contrary, an illegal exercise of the power of the - majority in opposition to and defiance of the laws of the country, and - the measure of justice administered and awarded by those laws. - - “It must be remembered that fifty years ago, there were but few white - men to the westward of the Alleghany Mountains; that the States of - Kentucky and Tennessee were at that time as scanty in population as - even now are the districts of Ioway and Columbia; that by the - institutions of the Union a district required a certain number of - inhabitants before it could be acknowledged as even a district; and - that previous to such acknowledgment, the people who had _squatted_ on - the land had no claim to protection or law. It must also be borne in - mind, that these distant territories offered an asylum to many who - fled from the vengeance of the laws, men without principle, thieves, - rogues, and vagabonds, who escaping there, would often interfere with - the happiness and peace of some small yet well-conducted community, - which had migrated and settled on these fertile regions. These - communities had no appeal against personal violence, no protection - from rapacity and injustice. They were not yet within the pale of the - Union.... - - “It was, therefore, to remedy the defect of there being no established - law, that Lynch law, as it is termed, was applied to; without it, all - security, all social happiness would have been in a state of abeyance. - By degrees, all disturbers of the public peace, all offenders against - justice met with their deserts; and it is a query, whether on its - first institution, any law from the bench was more honestly and - impartially administered than this very Lynch law, which has now had - its name prostituted by the most barbarous excesses and contemptuous - violation of all law whatever. The examples I am able to bring forward - of Lynch law, in its primitive state, will all be found to have been - based upon necessity, and a due regard to morals and to justice.”[226] - -In 1843 the practice of employing lynch-law in frontier settlements was -justified in the following way: “Until the law ... is completely -established the Lynch tribunals assert a concurrent jurisdiction, so to -speak, with the ordinary courts; and this jurisdiction they preserve -until the population loses the habit of resorting thereto, and acquires -that of confiding in the protection afforded by the legal tribunals; a -change of habit which takes place, we believe, as soon as those -tribunals have power to protect. In a new and thinly peopled country -every man feels that he may at any time be called upon to act as his own -protector. A habit of self-reliance is thus generated which time alone -can convert into a habit of relying upon the law.”[227] - -In a book descriptive of border life in Texas, which was published in -1852, the frontier type of lynch-law received the following -justification: - - “It is the stern primary law of self-preservation—this border custom - of bringing criminals before the whole body of citizens for - judgment—from which men sitting beside law-guarded hearths recoil in - dismay, and hearing only its cruel side, stigmatize as the utterly - unpardonable Lynch Law. Most true it is, that nothing but urgent and - deplorable necessity will drive a just and merciful man to participate - in its tribunals, but it is not less true that in frontier - settlements, if the fear of its quick vengeance did not overawe the - wicked, the innocent and peaceful would be in hourly danger of wrong - and outrage.... - - “The wild verdicts borderers sometimes enact, in the faith that they - are just and needful, sound uncouthly to those fenced round with - regular courts, and must seem dreadful to Christian men accustomed to - the solemn decorum with which constituted courts deal out their legal - awards of chains, lashes, and hangings; yet, seen close at hand, with - a knowledge of the situation of the community, and of the life and - deeds of the evil-doer, many of Judge Lynch’s verdicts will appear - more just and necessary than half of the sentences of the regular - courts.... - - “Statute law is but the formal expression of what the larger community - deems wisest and most just for the general welfare, the small, crude, - remote settlement does the same for itself; only without writing down - its enactments, and in the more summary way enforced by its peculiar - situation. It has no prison houses in which to detain a criminal, no - courts in which to try him, no funds wherewith to support him in long - duress. If a crime is committed the accused has the whole community - for judges and jury, and if he is found guilty by common suffrage they - proceed to execute the verdict.”[228] - -Another writer carries the vindication of the frontiersmen and pioneers -still further by attributing culpability to the United States government -for not providing remote settlements with legal tribunals, so that -recourse to lynch-law would have been unnecessary. He writes: “The -greater share of the sin and disgrace falls upon the government, which -leaves to its citizens a heavy and responsible office, that ought to be -guarded by all the solemnities and securities of law.”[229] - -Such are the arguments and the lines of reasoning by which the operation -of lynch-law previous to the Civil War was generally justified.[230] -Vindication was urged on grounds of necessity or self-preservation and -the nature of the offense, and it was lynch-law as applied to whites -that was thus vindicated. - -The anti-slavery agitation and the emancipation of the slaves brought to -the support of lynch-law procedure another factor—that of race -prejudice. The number of negroes lynched in recent years as compared -with the number of whites lynched has indicated so clearly the existence -of race prejudice that many writers have given to it the chief place -among the causes of lynchings. It is a mistake, however, to consider -this race prejudice as of recent origin in the United States. - -Race prejudice between the whites and the negroes in this country began -with the landing of the first ship-load of slaves in Virginia. In -describing the condition of the negroes in the colony of Virginia, -George W. Williams says: “It was not a mitigating circumstance that the -white servants of the colony who came into natural contact with the -Negroes were ‘disorderly persons,’ or convicts sent to Virginia by an -order of the King of England. It was fixed by public sentiment and law -that there should be no relation between the races. The first -prohibition was made September 17, 1630. Hugh Davis, a white servant, -was publicly flogged ‘before an assembly of Negroes and others,’ for -defiling himself with a Negro. It was also required that he should -confess as much on the following Sabbath.... All intercourse was cut off -between the races. Intermarrying of whites and blacks was prohibited by -severe laws. And the most common civilities and amenities were frowned -down when intended for a Negro. The plantation was as religious as the -Church, and the Church was as secular as the plantation. The ‘white -Christians’ hated the Negro, and the Church bestowed upon him a most -bountiful amount of neglect.”[231] - -The importation of negroes from Africa into this country brought a -stream of racial heredity from the torrid zone to mingle with a similar -stream which had its origin and development in the north temperate zone. -When these two streams met, the chief characteristics of the former -were: civilization of a very low level; no letters or art or science, -language in the agglutinative state; industries confined to a very -elementary agriculture, fishing, a little hunting, and some simple -handicrafts; no religion except that which explains all natural -phenomena by reference to spirits, mostly ill-disposed towards man; -physical and psychic characteristics substantially uniform, only trained -observers being able to detect differences here and there. The stream -from the north temperate zone, on the contrary, was characterized by an -hereditary endowment delicately adjusted to the highest civilization -recorded in history. A difference and contrast better adapted to -bringing about racial antagonism can scarcely be conceived.[232] - -On both physical and psychic grounds there is reason for an antagonistic -feeling between the white race and the black race. Physically there is -great diversity between the racial types of the two races. The color of -the negro’s skin, his kinky hair, and his general physiognomy, -especially his flat nose and protruding lips with receding (actual or -apparent) forehead,—all are widely diverse from the white man’s standard -of beauty and symmetry. Measured by the Caucasian ideal the features of -the negro are coarse and animal-like. To most white persons, also, the -odor arising from an assemblage of negroes is extremely disagreeable, -and some negroes say that they find the odor of white persons similarly -distasteful.[233] With reference to the psychic characteristics of the -two races, their intellectual and moral traits, there is even greater -diversity. In their religion, and essential manners, customs, and habits -of thought, the differences are so great as to constitute almost -opposite extremes. There is a total lack of anything like a community of -interest between the two races. Members of the white race and of the -black race do not find satisfaction in intermarriage and mingling -together around the hearthstone. The whites and the blacks never have -associated and do not to-day associate together in public and in private -as one people.[234] - -When two races, occupying the same territory and living side by side, -differ so widely in their physical features, in their interests and in -their attainments, as do the white and colored races in this country, it -is most natural and indeed almost inevitable that prejudice should arise -between them. The institution of slavery has no doubt created a caste -feeling on the part of the master race, and yet this is but the -strengthening and deepening of a natural race antipathy, the causes for -which are evident. Slavery merely intensified a feeling that was due to -other causes. It is an error to say that slavery has been the cause of -all the prejudice against the negro.[235] It is true that the black race -long wore the chain of slavery and was regarded as an inferior race, and -this was true in the United States as well as elsewhere; but the reason -for the antagonistic feeling lies deeper than that fact.[236] - -An indication of the existence of racial prejudice during the period of -slavery is found in a report adopted at the “Second Annual Convention of -the People of Color” which met at Philadelphia in June, 1832. This -convention, composed of free negroes, adopted a resolution in which the -following passage occurs: “The recent occurrences at the South have -swelled the tide of prejudice until it has almost revolutionized public -sentiment, which has given birth to severe legislative enactments in -some of the States, and almost ruined our interests and prospects in -others, in which, in the opinion of your Committee, our situation is -more precarious than it has been at any other period since the -Declaration of Independence. The events of the past year have been more -fruitful in persecution, and have presented more inducements than any -other period of the history of our country, for the men of color to fly -from the graves of their fathers, and seek new homes in a land where the -roaring billows of prejudice are less injurious to their rights and -privileges.”[237] - -To this view of the matter there is an apparent objection. It would seem -that if race prejudice existed during the time of slavery, it should -have manifested itself in the form of summary treatment of the negroes -more frequently than it did. In general, however, there was no occasion -for its manifestation. So long as the blacks were valuable as slaves and -accepted their inferior position without protest, no one wanted to get -rid of them or put them to death. The fact that slaves were property, -and in that capacity were amenable to the laws, made recourse to -unlawful procedure against them both unwise and unnecessary. It was only -in cases of insurrection among the slaves, or when some especially -brutal and barbarous crime was committed by a negro, that summary -measures were adopted prior to the Civil War. At such times negroes were -killed without mercy, sometimes they were tortured and their bodies -mutilated while still alive, and occasionally they were burned to death. -But these were extraordinary occasions; ordinarily the law was allowed -to take its course.[238] - -A careful study of the relations which existed between the two races -from 1619 to 1860 will reveal the presence of more or less racial -antipathy. The institution of slavery, however, acted as a check to the -manifestation of this antagonistic feeling as regards the manner of -procedure for the punishment of negroes accused of serious offenses. -“Slavery was, in its way, a thoroughgoing school; the negro race was -educated in the cotton-fields and cabins of the South. In the Old South -there was very little negro crime and no negro idleness. The negro -worked under direction; he was taught how to work; he cheerfully -accepted his work, and he was the soul of fidelity, as the history of -the war proved.”[239] Restraints were placed around him; he received -protection and guardianship; and, above all, he received an industrial -training which gave him some degree of control over his own impulses and -actions. He was looked upon and governed as a child, and he was punished -as a child when he committed a breach of the peace or some serious -offense against person or property. The legal procedure for the -punishment of negroes, based upon the property right in slaves, was in -perfect accord with the order of society that had been established -during two hundred years or more of slavery. - -When the institution of slavery was attacked in the early thirties and -during the years of controversy which followed, and still more when it -was finally overthrown in the sixties, race prejudice began to manifest -itself in the manner of treatment accorded negro criminals. By the -emancipation of the slaves in 1863, under the existing conditions, -absolutely no restriction was left upon its manifestation, for the -property right in the negro had been swept away and the great mass of -the negroes, finding all the old restraints suddenly removed, naturally -mistook liberty for license and committed many excesses. Large numbers -of negroes ceased to work. “The worst instincts of the negro came to the -front; the percentage of criminals among negroes increased to an -alarming extent; many were guilty of crimes of violence of the most -heinous and repulsive kind.”[240] The result of emancipation had not -been fully anticipated and no adequate legal provision was made for the -control of the freedmen. The foundation had been removed from the old -legal system and no new system was established in the place of the old -one which to any degree could cope with the condition of affairs. - -Further, not only did the emancipation of the slaves leave no -restriction upon the manifestation of race prejudice in the form of -summary procedure against negro criminals, but the sudden elevation of -the negroes to political equality with the whites directly encouraged -its display. “Two hundred years or more of slavery educated both the -white and the black to a fixed order of society, in which the negro was -the servant and the white man the master. In one generation, through as -devastating a war as any country ever experienced, slavery was -abolished, the vast property interests in the slave destroyed, the -structure of society reversed, the master put at the bottom and the -slave at the top.”[241] In the light of subsequent history a greater -mistake could scarcely have been made than that of giving the elective -franchise to the newly emancipated slave. He was far from being a fully -developed man capable of exercising the duties of citizenship in a -democratic government, but in the legal institutions which were -established in the South during the period of Reconstruction it was -assumed that he was entitled to an equal share in the government with -his former master. A legal system was established which had no basis in -the order of society then existing. The result was enmity and bitterness -between whites and blacks at a time when there should have been sympathy -and forbearance, and summary and illegal measures were adopted by the -whites to prevent negro domination. - -Any one who would deal intelligently with the questions presenting -themselves in the South to-day must recognize the existence of a racial -prejudice. In some respects it is an unreasoning prejudice, a prejudice -in the extreme sense of the word, but there is also a real and -substantial basis for such racial antipathy, and it is a feeling which -is not likely to disappear for generations to come. It must be taken -into account in the consideration of all remedies proposed for existing -evils in the South. It is something that cannot be removed by -legislative enactments; neither can it be destroyed by constant crying -out against it. While it does not justify the lynching of negroes, it -does furnish a standpoint from which justification is easy, and it is a -fact which makes the prevention of such lynchings extremely difficult, -particularly where brutal crimes are committed upon whites by negroes. - -The commonest justification for lynching negroes in recent years, the -plausibility of which rests very largely on race prejudice, is the crime -of rape as directed against white women. According to Tillinghast this -crime has come into existence since the Civil War, and its perpetrators -are overcome in many cases by primitive passions which master the -criminal’s whole being, a great fear being present also which impels to -murder.[242] Strictly speaking, this crime has not come into existence -since the Civil War. It is not a new crime to the negro. It has merely -increased and become more common along with the general increase in -criminality manifest in the negro race since emancipation.[243] - -In colonial times laws were in force in a number of the colonies -providing for the punishment of rape committed by negroes on white -women, and there were numerous instances of the perpetration of this -crime.[244] - -In the year 1705 the Assembly of the Province of Pennsylvania enacted -that “WHEREAS some Difficulties have arisen within this Province, about -the Manner of Trial and Punishment of _Negroes_ committing Murder, -Manslaughter, Buggery, Burglary, Rapes, Attempts of Rapes ... it shall -and may be lawful for two justices of the Peace of this Province, who -shall be particularly commissionated by the Governor for that Service, -within the respective Counties thereof, and Six of the most substantial -Freeholders of the Neighbourhood to hear, examine, try and determine ... -and shall be punished by Death. And for an Attempt of Rape or Ravishment -on any white Woman or Maid, and for robbing, stealing, or fraudulently -taking and carrying away any Goods, living or dead, above the Value of -_Five Pounds_, every _Negroe_, upon Conviction of any of said Crimes, -shall be whipped Thirty-nine Lashes, and branded on the Forehead with -the Letter R or T, and exported out of this Province by the Master or -Owner, within Six Months after Conviction, never to return into the -same, upon Pain of Death, and shall be kept in Prison till Exportation -at their Masters or Owners or their own Charge.”[245] - -By an act passed December 10, 1712, the colony of New York provided that -“all and every Negro Indian or other Slave, who ... shall murder or -otherwise kill ... or conspire or attempt the Death of any of Her -Majesty’s liege people, not being Slaves, or shall commit or attempt any -rape on any of said Subjects, or shall wilfully burn any dwelling-house, -barn, etc. ... or shall wilfully mutilate, mayhem or dismember any of -the said Subjects not being Slaves as aforesaid, or shall wilfully -murder any Negro, Indian or Mallatto Slave within this Colony, and shall -thereof be convicted before three or more of Her Majesty’s Justices of -the Peace ... in Conjunction with five of the principal ffreeholders of -the County wherein such fact shall be committed, ... or before any Court -of Oyer and Terminer or General Gaole Delivery ... shall suffer the -pains of Death in such manner and with such circumstances as the -aggravation or enormity of their Crimes in the Judgment of the Justices -of those Courts aforesaid, or as in the judgment of Seven of the said -Justices and ffreeholders they shall merit and require.”[246] - -By an act passed March 11, 1713–14, the General Assembly of the Province -of New Jersey made the above enactment the law of New Jersey, and added -the provision that “if any Negro, Indian or Mulatto Slave shall attempt -to ravish any white Woman or Maid ... any two Justices of the Peace are -hereby authorized to inflict such corporal Punishment, not extending to -Life or Limb, upon such Slave or Slaves so offending, as to the said -Justices shall seem meet.” - -In 1721 Delaware passed “An Act for the Trial of Negroes” the provisions -of which were similar to those of the law of Pennsylvania enacted in -1705. Two justices of the peace, “particularly commissionated by the -Governor for that service within the respective counties thereof,” and -six of the most substantial freeholders of the neighborhood, were to -hear, examine, try and determine offenses committed by negro or mulatto -slaves, and it was provided that “if any Negro or Mulatto slave ... -shall attempt to commit a rape on a white woman or maid, they shall be -tried in manner aforesaid, and shall be punished by standing four hours -in the pillory at the Court-House on some court day, with both ears -nailed to the pillory, and before he be taken down from the same shall -have both his ears cut off close to his head.”[247] - -By an act of June 8, 1751, it became the law of Maryland “that if any -slave or slaves shall at any time consult, advise, conspire or attempt -to raise any insurrection within this province, or to murder or poison -any person or persons whatsoever, or to commit a rape upon any white -woman, or to burn any house or houses, and be thereof convict by -confession or verdict ... shall suffer death, as in cases of felony, -without benefit of clergy.”[248] - -In North Carolina, in 1758, the Assembly resolved to try “a plan which -would save the lives of the slaves and still act as a deterrent from -further crimes.” It was enacted “that except for rape or murder no male -slave who had committed a crime which was ordinarily punished by death -should suffer death for the first offence; but that on due conviction -such an offender should be castrated, the sheriff to be allowed for the -operation twenty shillings to be paid by the public. The court must fix -the value of the slave before the execution of this sentence, so that if -it should be the cause of his death there might be no dispute as to the -value to be paid his master. Three pounds were allowed by the public for -the curing of the slave’s wounds. For the second offence death might be -the penalty.”[249] - -Foregoing further quotation and reference, the statement may be made -that in the colonial period, when laws were enacted for the trial and -punishment of offenses committed by negroes upon whites, rape was -usually one of the offenses for which capital punishment was provided, -and considerable discretion was generally allowed the judicial -authorities as to the manner in which the penalty should be inflicted, -the methods of hanging and burning alive both being employed. - -In Massachusetts, in the year 1676, Basto, a negro slave, was sentenced -to be hanged for rape on the daughter of his master.[250] - -In New Jersey, in the year 1731, “a negro slave called Harry, ravished -Annatye Pryers, but, apparently without exercising much force; sentenced -to receive forty-one lashes and to be branded on the right shoulder with -the letter ‘B.’”[251] - -In Maryland, in 1739, “two slaves of Anne Arundel were executed, one for -burglary, the other for rape on a white woman; and the body of the -second, who had been a notorious offender, was hung in chains at some -distance from the gallows.”[252] - -In Somerset County, New Jersey, in the year 1744, a young negro was -burnt alive for ravishing a white child about nine years old.[253] - -The punishment of burning alive, which was sometimes applied to negroes -by the courts during the colonial period, was, however, usually -inflicted for other offenses than rape, such as murder or conspiracy to -murder (particularly by the use of poison), insurrection, and -arson.[254] But this punishment was never applied to negroes during the -colonial period except by judicial decree. Indeed, with the possible -exception of the slave insurrection in South Carolina in 1740,[255] -there are no instances recorded in colonial history where slaves were -publicly executed without trial.[256] Both by law and by public -sentiment slaves were recognized as chattels, and when they were -executed for crimes for the commission of which the owners could in no -way be held responsible, such owners were entitled to indemnification -and could enter suit at law for damages. It was customary for the courts -when passing sentence of death upon a slave to fix the valuation of the -slave, and this sum was then paid to the owner. - -There is evidence to show that this crime directed against white women -continued to be perpetrated down to the time of the Civil War. The Salem -(Mass.) Gazette for October 5, 1813, contained this item: “At the late -term of the Supreme Judicial Court, holden at Northampton, Peter Pyner, -a black man, was convicted of a Rape, committed on the body of a _white -female_. The circumstances of the case were of a very distressing -nature, and the evidence of his guilt clear beyond a question. Sentence -of Death was pronounced by his Honor Chief Justice Parsons, in a solemn -and affecting manner.” - -The Richmond Enquirer of December 14, 1813, gives an account of the -killing of a negro slave by a white woman in defense of her virtue.[257] - -The following passages are taken from Niles’ Register in the years 1821 -and 1822. “_A Monster._ A negro fellow, armed with a gun, seized upon a -respectable married lady, near Cartersville, Va., and attempted to -commit a rape on her. After a long contest, she succeeded in getting out -of his clutches, when he fired at her, but missed his aim. About an hour -afterwards, he in like manner attacked another married lady—not -succeeding, after a desperate struggle, he attempted to kill her with a -knife, but she wrested it from him, and getting released, ran away, when -he fired at her and lodged many shot in the back of her neck and -head—and yet, thus wounded, she escaped. The fellow declared his -intention of thus serving all the white women he could meet with. A -reward is offered for his apprehension.”[258] - -“_A negro_, near Winchester, in Virginia, lately assailed two young -ladies, tied them to trees and compelled them to endure his loathsome -caresses; but was happily frustrated as to his ultimate design.”[259] - -“_Trial of Ned._ A negro fellow so named, was tried and condemned at -Norfolk on the 19th inst. for the crime of committing a rape on the -person of a respectable white woman. He was found guilty, and the -decision of the court was received with a burst of applause.”[260] - -“These remarks were chiefly induced by reflecting on the late conspiracy -at Charleston, and certain shocking enormities committed near Norfolk -and in North Carolina on the persons of white women, for which the -perpetrators were put to death, the relation of which is too disgusting -for our pages. Thirty-five have been hung and others remain for -execution at Charleston, and many were sentenced to transportation, &c. -yet it appears that the trials are not yet over. The plot seems to have -been well devised, its operation was extensive, and its intent -terrific.... When the plan was nearly ripe, the conspiracy was made -known, and a large number of the supposed principals were -arrested—twenty-two of whom were executed in one day!... The system of -slavery involves in itself a state of dreadful severity, for it is -sustained only by force—and about 60 years ago, thirteen blacks were -burnt alive in the then colony of New York for insurrectionary -movements.”[261] - -The following item appeared in Niles’ Register for July 16, 1831 (40: -345): “A young lady, in Duplin County, North Carolina, about fourteen -years old, while proceeding to pay a visit to a neighbor between eleven -and twelve o’clock, noon, was violated and murdered close to the road, -after an apparently severe struggle, the ground at the place being much -trodden. The _Infernal_, after accomplishing his first purpose, cut her -throat! No clue had been discovered by which to trace the villain.” - -Niles’ Register for August 24, 1833 (44: 423) contained the following: -“A free negro calling himself James Warfield, has been committed to the -jail of Harford county, Maryland, charged with the commission of a rape -upon a little girl aged nine years, the daughter of Mr. William Adams, a -respectable resident of that county.” - -Such evidence shows that the crime of rape directed against white women -was not unknown prior to 1860.[262] As regards other crimes frequently -committed by negroes during the period of slavery, apparently it formed -a rather small proportion. It was far from being a crime that was more -frequently committed than any other, and yet it was one for the -perpetration of which the negroes showed a marked propensity whenever an -opportunity presented itself. Under the institution of slavery, however, -such opportunities were few. From the nature of slavery, the negro -seldom had an opportunity to ravish a white woman. The strong, burly -negro who was considered dangerous and likely to commit violence was -ordinarily put at hard labor in the fields and kept under strict -surveillance. Also, the discipline to which the negro was subjected when -a slave gave him a mastery over himself which it has been extremely -difficult for him to obtain by his own efforts. Habits of obedience and -industry, however inculcated, go very far toward restraining criminal -impulses. The good effects of the discipline of the slave régime were -particularly manifest during the progress of the Civil War, when the -Southern planters were obliged to leave their families with no other -protectors than the slaves, and these slaves discharged their trust with -uniform faithfulness and loyalty. - -From the colonial period to the beginning of the anti-slavery agitation -in the early thirties, the law was regularly allowed to take its course -in dealing with negro criminals. Very little inclination was shown on -the part of the people to inflict punishment otherwise than as was then -provided by law. With regard to the crime of rape two instances may be -cited where summary measures were employed. - -Niles’ Register for November 15, 1823 (25: 176) contained this item: -“_Negro Frank_ was lately tried at Frederick, Maryland, for having -defloured a young white female. That the fact had taken place, and as -stated, in the most brutal manner, was admitted; but Frank was acquitted -for the want of sufficient proof of his person. Some of the people, -however, thought he was guilty—and, after his release, he was beaten so -severely, as almost to deprive him of life.” - -The following item appeared in Niles’ Register for March 10, 1832 (42: -22): “A negro fellow lately committed a horrid outrage on the body of a -girl twelve or thirteen years old, the daughter of a respectable -gentleman in Dinwiddie county, Virginia, who was almost killed by his -brutality. The ravisher was caught by the father, and instantly punished -with 150 lashes, of which it was believed that he would die—if not he -would be brought to trial.” - -That there was an increasing disposition to resort to summary methods -for the punishment of negroes during the period 1830–1860 has been shown -in the evidence cited in Chapter IV; but so far as the infliction of -summary capital punishment was concerned, that did not become a serious -evil until the time of the Reconstruction of the Southern States. -Comparatively few negroes were lynched until after the close of the War. -It may be said, therefore, that while race prejudice and the crime of -rape against white women both existed as causes for the summary -treatment of negroes prior to the Civil War, both were held in check by -the institution of slavery. - -It thus appears that throughout the period of slavery there was a -greater reliance on legal procedure for the treatment of negroes accused -of heinous offenses than has been manifest since that time; and not only -did the institution of slavery directly bring about this greater -reliance on legal procedure, by the suppression of the strongest -incentives toward adopting summary and illegal procedure, but it made -possible the enactment of special laws providing for a more expeditious -trial and execution of sentence in the case of negro offenders. - -In the year 1740, South Carolina made the following provision for the -trial of slaves: - - “And _whereas_, natural justice forbids that any person, of what - condition soever, should be condemned unheard, and the order of civil - government requires that for the due and equal administration of - justice, some convenient method and form of trial should be - established; _Be it therefore enacted_ by the authority aforesaid, - That all crimes and offences which shall be committed by slaves in - this Province, and for which capital punishment shall or lawfully may - be inflicted, shall be heard, examined, tried, adjudged and finally - determined by any two justices assigned to keep the peace, and any - number of freeholders not less than three or more than five, in the - county where the offences shall be committed, and who lives in the - parts adjacent, and can be most conveniently assembled; either of - which justices, on complaint made or information received of any such - offence committed by a slave, shall commit the offender to the safe - custody of the constable of the parish where such offence shall be - committed, and shall without delay, by warrant under his hand and - seal, call to his assistance and request any one of the nearest - justices of the peace to associate with him, and shall, by the same - warrant, summon such a number of the neighboring freeholders as - aforesaid, to assemble and meet together with the said justices, at a - certain day and place, not exceeding three days after the apprehending - of such slave or slaves[263]; and the justices and freeholders being - so assembled, shall cause the slave accused or charged, to be brought - before them, and shall hear the accusation which shall be brought - against such slave, and his or her defence, and shall proceed to the - examination of witnesses and other evidences, and finally to hear and - determine the matter brought before them, in the most summary and - expeditious manner; and in case the offender shall be convicted of any - crime for which by law the offender ought to suffer death, the said - justices shall give judgment, and award and cause execution of their - sentence to be done, by inflicting such manner of death and at such - time, as the said justices, by and with the consent of the - freeholders, shall direct, and which they shall judge will be most - effectual to deter others from offending in the like manner. - - “_And be it further enacted_ by the authority aforesaid, That if any - crime or offence not capital, shall be committed by any slave, such - slave shall be proceeded against and tried for such offence in the - manner hereinbefore directed, by any one justice of the peace and any - two freeholders of the country where the offence shall be committed, - and can be most conveniently assembled; and the said justice and - freeholders shall be assembled, summoned and called together, and - shall proceed upon the trial of any slave who shall commit any offence - not capital, in like manner as is hereinbefore directed for trying of - causes capital. And in case any slave shall be convicted before them - of any offence not capital, the said one justice, by and with the - consent of the said freeholders, shall give judgment for the - inflicting any corporal punishment, not extending to the taking away - life or member, as he and they in their discretion shall think fit, - and shall award and cause execution to be done accordingly. _Provided - always_, that if the said one justice and two freeholders, upon - examination of any slave charged or accused before them for an offence - not capital, shall find the same to be a greater offence, and may - deserve death, they shall, with all convenient speed, summons and - request the assistance of another justice and one or more freeholders, - not exceeding three, which said justice and freeholders newly - assembled, shall join with the justice and freeholders first - assembled, and shall proceed in the trial, and unto final judgment and - execution, if the case shall so require, in manner as is hereinbefore - directed for the trial of capital offences. - - “_And be it further enacted_ by the authority aforesaid, That two - justices and one freeholder, or one justice and two freeholders, of - the said two justices and three freeholders, shall make a quorum, and - the conviction or acquittal of any slave or slaves by such a quorum of - them shall be final in all capital cases; but on the trial of slaves - for offences not capital, it shall and may be sufficient if before - sentence or judgment shall be given for inflicting a corporal - punishment, not extending to life or member, that one justice and any - one of the freeholders shall agree that the slave accused is guilty of - the offence with which he shall be charged.... - - “And _whereas_, slaves may be harbored and encouraged to commit - offences, and concealed and received by free negroes, and such free - negroes may escape the punishment due to their crimes, for want of - sufficient and legal evidence against them; _Be it therefore further - enacted_ by the authority aforesaid, That the evidence of any free - Indian or slave, without oath, shall in like manner be allowed and - admitted in all cases against any free negroes, Indians (free Indians - in amity with this government, only excepted,) mulattoe or mustizoe; - and all crimes and offences committed by free negroes, Indians, - (except as before excepted,) mulattoes or mustizoes, shall be - proceeded in, heard, tried, adjudged and determined by the justices - and freeholders appointed by this Act for the trial of slaves, in like - manner, order and form, as is hereby directed and appointed for the - proceedings and trial of crimes and offences committed by slaves; any - law, statute, usage or custom to the contrary notwithstanding.”[264] - -Few of the other colonies made such careful and comprehensive provision -for expediting the trial of slaves, whether accused of minor or of -capital offenses. A number of the other colonies, however, made similar -provision for the prompt trial of slaves and followed the same general -principles in their legislation affecting the punishment of offenses -committed by slaves.[265] Indeed, it was generally true throughout the -period of slavery that a special form of trial was provided in the case -of slaves accused of serious offenses, and that special penalties were -imposed upon such offenders. It is to be noted in the South Carolina Act -of 1740 that free negroes were given the same form of trial as the -slaves, and that the whole purport and spirit of the statute was merely -that justice might be done. - -So long as the negro race was in bondage to the white race, then, not -only were the inciting causes of negro lynching largely held in check, -but such provisions were made for the trial and punishment of miscreant -slaves that resort to lynching was wholly without justification. Even -after the anti-slavery agitation had begun in the early thirties and -summary measures were occasionally taken against negro offenders, -justification was claimed on the ground of the incendiary publications -and utterances of the abolitionists rather than the specific crimes -committed by the blacks. The fact that during the period of slavery, in -the case of the raping of white women, as well as of other crimes, the -law was generally allowed to take its course, goes far toward refuting -the argument that lynching is necessary to repress crime among the -negroes in the South to-day. - -History has shown it to be a fundamental mistake to assume that illegal -and summary procedure against a particular offense will deter from that -offense. As one writer has very forcibly said, if an argument based on -this assumption were put into plain language, it would read: “Let past -crime be met with present crime in order that future crime may be -prevented.”[266] All revengeful dealing with crime has increased crime -rather than lessened it. The only deterrent from crime that men have -found is the prompt and certain and solemn punishment by law, sustained -and supported by a confident, unyielding body of public opinion.[267] - -The attempt to justify the lynching of negroes on the plea that lynching -for rape committed upon white women is necessary to repress that crime -is without support in any respect. Frederick Douglass lessened the force -of this plea very considerably when he pointed out that there have been -three distinct excuses offered for the persecution of negroes in the -United States. First, it was because of insurrections; then, it was the -fear of negro domination and supremacy; then, when neither of these was -any longer defensible as an excuse, the crime of assault upon white -women was put forward to justify their persecution.[268] The fact that -not more than thirty-four per cent of the negroes lynched in the last -twenty-two years have been lynched for that crime likewise vitiates such -a plea of justification. The facts as known indicate that lynching for -that crime, instead of having a repressive influence, has directly -stimulated its perpetration. Assaults on white women have occurred again -and again immediately following a lynching for such crime, and they have -so occurred in the same neighborhood where the lynching took place.[269] -It has been publicly stated that in one instance a negro who had -witnessed a lynching for this crime actually committed an assault on his -way home.[270] - -The lynching of negroes in recent years can be justified on no other -ground than that the law as formulated and administered has proved -inadequate to deal with the situation—that there has been governmental -inefficiency. Not that guilty negroes frequently escape conviction in -the Southern courts, or that they fail to receive punishment to the full -extent of the law, but rather that the law and its administration seem -utterly unsuited to the function of dealing with negro criminals. A -judicial system adapted to a highly civilized and cultured race is not -equally applicable to a race of inferior civilization, and the failure -to realize this fact and act upon it, by making special provision for -the control of the negro population in the Southern States since slavery -was abolished, is a fundamental reason for the disrepute into which -legal procedure has fallen as regards negroes accused of offenses -against the whites.[271] - -The mistakes of Reconstruction times are not yet blotted out in the -South. Abstractions still control where racial characteristics, -circumstances, and conditions should be the determining factors. Ever -since the Civil War the Southern people have been blindly groping after -some system other than slavery whereby two races of widely different -interests and attainments can live together in peace and harmony under a -republican form of government, and at the same time a vast number of -Northern people have been misinterpreting their motives and watching -every move with a critical and suspicious eye, ready at any moment to -shout across Mason and Dixon’s line that the negroes must have their -rights under the Constitution of the United States and the amendments -thereto.[272] Under such conditions it has been practically impossible -for the South to find a satisfactory solution of its problem, and herein -lies all the justification that can be found for the use of summary -measures in dealing with the increasing criminality which has manifested -itself in the younger generations of the colored race. - -In the last analysis lynch-law in this country is without any -justification whatsoever. In a government founded on the idea that -ultimate power and authority shall rest with the people, and in which -sufficient facility has been given to the expression of the collective -will of the people so that the acts of the government, the formulation -of the law, and the administration of justice, ought adequately to -represent this collective will, there is no tenable ground on which to -vindicate the practice of punishing criminals other than by the -regularly constituted courts and the officers of the law. But if -circumstances and conditions be taken into consideration and the history -of the practice carefully noted, it is possible to see how justification -has come about through the different points of view that have been -taken. From the standpoint of the frontiersmen and pioneers summary -procedure in certain cases was wholly justifiable. From the standpoint -of the Southerners during the period of Reconstruction summary procedure -was likewise wholly justifiable. To men living in a community where a -particularly brutal and barbarous crime is committed upon a white person -by a negro, the prompt lynching of the negro, even with some torture and -cruelty, seems entirely defensible. Thus, while we cannot justify the -practice of lynching on any ground whatever, yet the fact remains that -it has been repeatedly justified in one way or another. - - - - - CHAPTER VIII - REMEDIES - - -In the consideration of remedies for lynching it is to the type of -lynch-law procedure which prevails in well settled communities that -attention is to be directed. The type of lynch-law procedure which is -characteristic of a frontier society naturally ceases to exist with the -disappearance of that unorganized form of society. The changed social -conditions incident to an increasing density of the population in a -frontier region, and the establishment of a regular and adequate -judiciary, remove every cause for the existence of the frontier type of -lynch-law. The rapid colonization of the western section of the United -States has thus made that phase of the lynching question no longer a -serious matter. But how to put an end to the practice of lynching in -older communities possessing well established civil regulations is a -problem for which the people of the United States have not yet found a -satisfactory solution. - -As has been pointed out in the preceding chapter, there has been a -strong popular sentiment in the United States, even down to the present -day, excusing and apologizing for lynch-law procedure. On the other -hand, however, there has not been wanting at the same time a spirit of -denunciation and disapprobation[273]; although it was not until the -early nineties, when public attention was directed to the subject by -reason of the occurrence of a number of flagrant cases of lynching, that -determined efforts were put forth to check the practice. Previous to -that time such discussion as there was of the subject brought no -effective restraint to bear on the continuance of the practice, either -because of the intensely partizan character of the discussion as between -the North and the South, or because, while the practice in general was -denounced, particular instances of lynching were excused.[274] The -newspapers and magazines took comparatively little notice of lynchings -until after the year 1890. The newspapers printed accounts of such -occurrences, but the editorial protests were few, and the magazine -literature is almost barren on the subject. - -On March 14, 1891, the eleven Italians who were accused of complicity in -the murder of the chief of police of New Orleans were summarily put to -death by a mob. On May 30, 1891, Tump Hampton, colored, was burned at -the stake in the parish of St. Tammany, Louisiana. On January 31, 1893, -a negro by the name of Henry Smith was publicly burned at the stake with -extreme torture at Paris, Texas.[275] Excursion trains were run for the -occasion and there were many women and children in the throng which -watched the sufferings of the victim. These and other instances of a -similar character, together with the increased number of lynchings in -the years 1891, 1892, 1893 (See charts I and IV), focused the attention -of the world upon the American practice of lynching. Italy demanded from -the United States an indemnity for the lynching of the Italians at New -Orleans. Foreign newspapers and periodicals united in heaping abusive -censure upon the United States. Repeated and insistent demands were -made, in America as well as in Europe, that lynchers be brought to -justice and be punished as other murderers are punished. - -An effort was also made at this time to so organize foreign public -opinion that it would be directly effective in putting an end to the -practice of lynching. Miss Ida B. Wells, colored, who was editor of the -Free Speech published at Memphis, Tennessee, and whose paper was -suppressed because she so fiercely denounced the lynching of some -colored young men and arraigned the authorities for failing to punish -the lynchers,[276] gave a series of lectures in England in 1893–94, and -started a crusade against lynching by organizing anti-lynching -societies, enrolling as members several men of international -prominence.[277] These bodies proposed to send a committee to this -country “to collect statistics and quietly to investigate the subject of -lynchings in the United States.” The South rose _en masse_ against such -a visit and the governors of the Southern States with one or two -exceptions vehemently denounced the whole project. The statement of -Governor O’Ferrall of Virginia, himself an anti-lynching man, is typical -of the Southern sentiment. “Things have come to a pretty pass in this -country,” he said in the New York World, “when we are to have a lot of -English moralists sticking their noses into our internal affairs. It is -the quintessence of brass and impudence.”[278] The English committee -never came to this country, and Miss Wells at length recognized the -futility of further work in England and returned home. She has since -organized anti-lynching societies in various parts of the North,[279] -and more recently, as chairman of the Anti-lynching Bureau of the -National Afro-American Council, has to all appearance been working -principally among her own people, urging them to take steps to prevent -lynching.[280] - -Out of all this discussion, agitation, and censure there came proposals -for various remedies for lynching. Various reasons were assigned for the -prevalence of the practice and consequently there was little agreement -in the measures which were proposed for its prevention or suppression, -but most of the proposed measures were of the nature of new or -additional laws directed specifically against lynching or mob violence. - -Early in the year 1894 a number of the citizens of Louisiana petitioned -the legislature of that State to enact stringent laws against lynching, -but the legislature adjourned without fulfilling the request. A number -of governors at about this time, in messages to the State legislatures, -called attention to the subject and recommended immediate legislation. -Governor Hogg of Texas made the matter of lynching the subject of a -special message, denouncing the practice and strongly urging the -enactment of laws to prevent it. Governor O’Ferrall, in a message to the -legislature of Virginia, recommended that the county in which a lynching -occurs should be required to pay to the State treasury a sum not -exceeding ten thousand dollars for the benefit of the public school -fund. Recommendations of a similar character were subsequently made by -the governors of Maryland and Georgia. Governor Atkinson of Georgia made -the unique recommendation that if an officer in charge of a prisoner is -not required to protect his charge at the hazard of his own life, he -should be required to unshackle the prisoner, arm him, and give him an -opportunity to defend himself. On the assumption that the law’s delay or -slowness is the principal cause for lynching, the governors of a number -of States offered suggestions for a more expeditious judicial procedure. -Of the many measures proposed, however, and of the numerous -recommendations that special legislation be enacted against lynching, -comparatively few have received from the various legislatures sufficient -consideration to lead to the enactment of laws on the subject.[281] - -The legislature of Georgia, in the year 1893, passed an act which -authorized “any officer, charged with the duty of preserving the peace -and executing the lawful warrants” of the State, who should have -“knowledge of any violence attempted to be perpetrated upon any -citizen ... by mob violence and without authority of law,” to summon a -posse of citizens, who must respond or be punished for a misdemeanor, -whose duty it should be to use every means in their power, even to the -extent of taking human life, to prevent such violence. It was made a -misdemeanor for said officer to fail to call together a posse in such an -emergency, and citizens who responded were authorized to carry weapons -in the performance of their duties. Any person engaged in “mobbing or -lynching any citizen ... without due process of law” should be arrested -and punished by imprisonment in the penitentiary for not less than one -nor longer than twenty years; and if death resulted from such mob -violence the person causing said death should be subject to indictment -and trial for the offense of murder.[282] - -The legislature of North Carolina in the year 1893 passed an act which -provided that every person who should conspire to break or enter, or who -should engage in breaking or entering, any jail or place of confinement -of prisoners for the purpose of killing or injuring any person confined -therein would be guilty of a felony and be punishable by a fine of not -less than five hundred dollars and by imprisonment for not less than two -nor more than fifteen years. It was made the duty of the prosecuting -officer of the judicial district in which such a crime had been -committed to take immediate proceedings against the guilty parties, and -jurisdiction of the offense was conferred upon the superior court of any -county adjoining that in which the violence was committed. It was also -made a misdemeanor punishable by fine and imprisonment, one or both, at -the discretion of the court, for a witness wilfully to fail to comply -with the process served on him, or, after being sworn, to refuse to -answer questions pertinent to the matter being investigated; nor was any -person to be excused from testifying on the ground that his evidence -might tend to criminate himself, for when he should be thus examined as -a witness for the State he became altogether pardoned of any and all -participation in the crime concerning which he was required to testify. -The entire cost incurred in the prosecution was to be paid by the county -in which the crime was committed, and in case the commissioners of the -county failed to provide a sufficient guard for a jail in response to -the request of the sheriff, and the jail should be entered and a -prisoner killed, the county became responsible in damages to be -recovered by the personal representatives of the prisoner killed.[283] - -In the year 1895 the General Assembly of Georgia enacted additional -legislation on the subject of lynching by passing an act which made -penal the offense of hindering, obstructing, or interfering with -sheriffs or their deputies or constables in the execution of any order -or sentence of court after trial in criminal cases, and requiring -sheriffs and constables to present to the grand jury any and all persons -so interfering. Penalties were provided for the offense and for failure -to comply with the provisions of the act, power being given the governor -to suspend a derelict sheriff or constable and to declare his office -vacant.[284] - -In the constitution which South Carolina adopted in 1895, it was -provided that “in case of any prisoner lawfully in the charge, custody -or control of any officer, State, County or municipal, being seized and -taken from said officer through his negligence, permission or -connivance, by a mob or other unlawful assemblage of persons, and at -their hands suffering bodily violence or death,” the said officer should -be deemed guilty of a misdemeanor, and upon true bill found should be -deposed from office pending trial, and upon conviction should forfeit -his office, and, unless pardoned by the governor, should be ineligible -to hold any office of trust or profit within the State. It was made the -duty of the prosecuting attorney within whose circuit or county the -offense might be committed to forthwith institute a prosecution against -said officer, who should be tried in such county in the same circuit, -other than the one in which the offense was committed, as the -attorney-general might elect. The fees and mileage of all material -witnesses both for the State and the defense were to be paid by the -State treasurer. It was also provided that “in all cases of lynching -when death ensues, the county where such lynching takes place shall, -without regard to the conduct of the officers, be liable in exemplary -damages of not less than $2,000 to the legal representatives of the -person lynched,” and that “any county against which a judgment has been -obtained for damages in any case of lynching shall have the right to -recover the amount of said judgment from the parties engaged in said -lynching in any court of competent jurisdiction.”[285] - -In 1896 Ohio entered the list of States that have adopted anti-lynching -laws. This Ohio act gave to lynching its first legal definition. A -_lynching_ and a _mob_ are defined as follows: “That any collection of -individuals, assembled for any unlawful purpose, intending to do damage -or injury to any one or pretending to exercise correctional power over -other persons by violence, and without authority of law, shall for the -purpose of this act be regarded as a ‘mob,’ and any act of violence -exercised by them upon the body of any person, shall constitute a -‘lynching.’” Under this act any person who is taken from the hands of -the officers of justice in any county by a mob, and is assaulted by the -same with whips, clubs, missiles, or in any other manner, may recover -damages from the county to the amount of one thousand dollars; any -person assaulted by a mob and suffering lynching at their hands may -recover from the county in which the assault is made five hundred -dollars, or, if the injury is serious, one thousand dollars, or, if it -result in permanent disability to earn a livelihood by manual labor, -five thousand dollars; and the legal representative of any person -suffering death by lynching at the hands of a mob may recover from the -county in which such lynching occurs the sum of five thousand dollars, -provision being made for the disposition of the recovery in such -instances. Any person suffering death or injury at the hands of a mob -engaged in an attempt to lynch another person is to be deemed within the -provisions of the act, he or his legal representatives having the same -right of action thereunder as one purposely injured or killed by such -mob. An order to the commissioners of a county against which such -recovery may be made, to include the same with costs of action in the -next succeeding tax levy of said county, forms a part of the judgment in -every such case. The county, however, has a right of action to recover -the amount of any judgment against it, including costs, against any of -the parties composing such mob, and any person present with hostile -intent at such lynching is to be deemed a member of the mob and is -liable to such action. In case a mob shall carry a prisoner into another -county, or shall come from another county to commit violence on a -prisoner brought from such county for safe keeping, the county in which -the lynching was committed may recover the amount of the judgment and -costs against the county from which the mob came, unless there was -contributory negligence on the part of the officials of said county in -failing to protect the prisoner or disperse said mob. It is also -provided that nothing in the act shall be held to relieve any person -concerned in such lynching from prosecution for homicide or assault for -engaging therein.[286] - -By an act of April 25, 1898, it is further provided in the law of Ohio -that whoever shall break into or attempt to break into a jail or any -prison, or to attack an officer, with intent to seize a prisoner for the -purpose of lynching, shall be deemed guilty of a felony, and shall be -confined in the penitentiary for not more than ten years nor less than -one year.[287] - -In 1897, Tennessee, Kentucky, and Texas enacted laws directed against -lynching. By the Tennessee act it was made a felony punishable by from -three to twenty-one years’ imprisonment, and by full judgment of infamy -and disqualification, for two or more persons to form or remain in any -conspiracy or combination, under any name, or upon any pretext -whatsoever, to take human life, or engage in any act reasonably -calculated to cause the loss of life; or to inflict corporal punishment -or injury; or to burn or otherwise destroy property or to feloniously -take the same. It was likewise made a felony punishable in like manner -for any person either directly or indirectly to procure or encourage any -one to become or remain a member of any such unlawful conspiracy or -combination; or for any person either directly or indirectly to aid, -abet, or encourage any person to engage or remain in such conspiracies -or combinations, or to aid or abet in the accomplishment of any purpose -or end of such conspiracies or combinations. Any person guilty of any of -these offenses was declared to be incompetent to sit or serve on any -grand or traverse jury, and it was made the duty of the court to -carefully exclude all such persons from the juries, both grand and -petit. It was provided that indictments framed under the act were not to -be held insufficient by reason of the general nature of the charges -preferred, or for embracing more than one of said offenses in the same -indictment, and the act was to “take effect from and after its passage, -the public welfare demanding it.”[288] - -By the Kentucky “Act to prevent lynching, &c.,” which was amended by the -omission of three sections and thus re-enacted in 1902, it was provided -that if any two or more persons should confederate or band themselves -together for the purpose of intimidating, alarming, disturbing, or -injuring any persons, or to rescue any person or persons charged with a -public offense from any officer with the view of inflicting any kind of -punishment on them, or with the view of preventing their lawful -prosecution for any such offense or to do any felonious act, they, or -either of them, should be deemed guilty of felony, and upon conviction -should be confined in the penitentiary not less than one nor more than -five years. If any two or more persons should confederate or band -together and go forth for the purpose of molesting, injuring, or -destroying any property, real or personal, of another person, persons or -corporation, whether the same be injured, molested or damaged or not, -they should be guilty of a felony punishable by a like penalty; and if -any injury should result to the person or property of any person or -persons, by reason of any such unlawful acts, any one participating in, -or aiding or abetting, such unlawful acts should be guilty of a felony, -and upon conviction should be confined in the State penitentiary not -less than one nor more than fifteen years, unless death should result, -in which case the penalty for such offense should be that prescribed by -law for murder. It was made no mitigation of the offense for any one -upon his trial, that he may have acted through heat or passion, or that -he may have acted without malice, and the judge trying the case should -so instruct the jury in writing. It was provided, also, that any officer -or person having the custody of a prisoner should have the power and it -should be his duty to summon to his aid as many of the able-bodied male -citizens of his county as might be necessary to protect such prisoner, -any person who should fail or refuse to respond to such summons being -liable to a fine of not less than one hundred dollars nor more than five -hundred dollars; and when any officer in charge of a jail had reasonable -grounds to believe that said jail would be attacked by a mob or persons -confederated or banded together for the purpose of inflicting violence -upon any inmate of said jail, he was authorized, in his discretion, to -arm said threatened inmates, with a view to their own protection. -Authority was given the governor to offer a reward for the apprehension -and conviction of any offender of this law in any sum not exceeding five -hundred dollars, and also to employ detectives, in his discretion, not -exceeding two at any one time, provided the cost thereof should not -exceed three thousand dollars in any one year. The judge of the county -court of any county in which this law should be violated was also given -power to offer a reward not exceeding two hundred dollars, or supplement -the governor’s reward, for the arrest and conviction of any person -violating the act. It was also provided that any person who should send, -circulate, exhibit or put up any threatening notice or letter, should -upon conviction thereof be fined not less than one hundred dollars nor -more than five hundred dollars, and be imprisoned in the county jail not -less than three nor more than twelve months. In any prosecution under -the act it should be no exemption for a witness that his testimony might -incriminate himself; but no such testimony should be used against him in -any prosecution except for perjury, and he should be discharged from all -liability for any violation of the act so necessarily disclosed in his -testimony.[289] - -By the Texas law, which was enacted at a special session of the -legislature, it was provided that whenever two or more persons should -combine together for the purpose of mob violence, and in pursuance of -said combination should “unlawfully and wilfully take the life of any -reasonable creature in being by such violence,” such person should be -deemed guilty of murder by mob violence, and upon conviction thereof -should be punished by death or confinement in the penitentiary for life, -or according to the degree of murder, to be found by the jury. It was -made the duty of the district judges to give this law specially in -charge to the grand jury at the beginning of each term of court, and -prosecution for murder under the act might be commenced and carried on -in any county of the judicial district in which the offense should be -committed, except the county of the offense. It was also provided that -if any sheriff, deputy sheriff, constable, chief of police, city marshal -or other officer in the State should permit or suffer any person in his -custody charged with crime to be killed by one or more persons, or -should permit or suffer any such person to be taken from his custody and -killed by one or more persons, he should be deemed guilty of official -misconduct, and be removed from office, proceedings for removal to be -conducted by the attorney-general in accordance with the provisions of -the act, such cases taking precedence in all courts of all other cases. -Pending trial such officer should be temporarily suspended from his -office and should judgment be rendered against him he should not -thereafter be elected or appointed to that office. The final section of -the act reads as follows: “The fact that there is no adequate law in -this State for the suppression of mob violence, creates an emergency and -an imperative public necessity that the constitutional rule requiring -all bills to be read on three several days be suspended, and that this -act take effect and be in force from and after its passage, and it is so -enacted.”[290] - -In 1899 an act dealing with the subject of lynching and violence by mobs -was passed by the legislature of Indiana. In this act a _mob_ and a -_lynching_ are defined as follows: “Any collection of individuals -assembled for any unlawful purpose intending to injure any person by -violence and without authority of law shall, for the purpose of this -act, be regarded as a ‘mob,’ and any act of violence exercised by such -mob upon the body of any person shall constitute the crime of -‘lynching,’ when such act or acts of violence result in death.” It is -provided that any person who actively participates in or actively aids -or abets such lynching, upon conviction thereof, shall suffer death or -be imprisoned during life, in the discretion of the jury, and any person -who, being a member of any such mob and present at any such lynching, -shall not actively participate in the lynching, shall be guilty of -abetting such lynching, and upon conviction thereof shall be imprisoned -not less than two nor more than twenty-one years. Every person who -shall, after the commission of the crime of lynching, harbor, conceal or -assist any member of such mob, with the intent that he shall escape -detention, arrest, capture, or punishment, shall be deemed an accessory -after the fact, and upon conviction thereof shall be imprisoned not more -than twenty-one years nor less than two years. Provision is made for the -manner in which prosecutions shall be instituted under the act, and in -case any persons shall come together in any county for the purpose of -proceeding to another county, with the view of lynching any person, or -in case any person or persons shall purchase or procure any rope, -weapon, or other instrument in one county for the purpose of being used -in lynching any person in another county, such crime of lynching, if -committed, shall constitute a continuous offense from the time of its -original inception, and the courts of any county in which such overt act -has been committed shall have jurisdiction over the person of any member -of the mob committing such overt act. Power is given the sheriff to call -bystanders and others to his assistance and arm them for the protection -of a prisoner, it being a misdemeanor for such persons to refuse -assistance, punishable by a fine in any sum not less than one hundred -dollars nor more than one thousand dollars, and imprisonment in the -county jail for a period not exceeding six months. If at any time a -sheriff has reason to believe that a prisoner in his custody is in -danger of being lynched, and that he, with his deputies and assistants, -is not able to protect the life of such prisoner, it shall be his duty -at once to notify the governor of such facts; whereupon, the governor -shall be authorized to furnish such militia as shall be necessary to -preserve order and defend such prisoner.[291] - -In 1901 the Indiana act received the following important amendment: “If -any person shall be taken from the hands of a sheriff or his deputy -having such person in custody, and shall be lynched, it shall be -conclusive evidence of failure on the part of such sheriff to do his -duty, and his office shall thereby and thereat immediately be vacated, -and the coroner shall immediately succeed to and perform the duties of -sheriff until the successor of such sheriff shall have been duly -appointed, pursuant to existing law providing for the filling vacancies -in such office, and such sheriff shall not thereafter be eligible to -either election or reappointment to the office of sheriff: _Provided, -however_, That such former sheriff may, within ten days after such -lynching occurs, file with the governor his petition for reinstatement -to the office of sheriff, and shall give ten days’ notice of the filing -of such petition to the prosecuting attorney of the county in which such -lynching occurred and also to the attorney general. If the governor, -upon hearing the evidence and argument, if any, presented, shall find -that such sheriff has done all in his power to protect the life of such -prisoner and performed the duties required of him by existing laws -respecting the protection of prisoners, then such governor may reinstate -such sheriff in office....”[292] - -In 1899 the legislature of Michigan enacted a law against lynching -modelled on the Ohio act of 1896, but in 1903 this law was -repealed.[293] - -In the constitution which was adopted by Alabama in 1901 this provision -was made in regard to the responsibility of sheriffs: “Whenever any -prisoner is taken from jail or from the custody of the sheriff or his -deputy, and put to death, or suffers grievous bodily harm, owing to the -neglect, connivance, cowardice or other grave fault of the sheriff, such -sheriff may be impeached under Section 174 of this Constitution. If the -sheriff be impeached and thereupon convicted, he shall not be eligible -to hold any office in this State during the time for which he had been -elected to serve as sheriff.”[294] - -In response to a general and a special message from the governor of West -Virginia calling attention to the fact that within a year several -persons had been “brutally murdered at the hands of riotous and lawless -mobs,” the legislature of that State adopted a joint resolution on -February 3, 1903, condemning “such riotous and lawless acts” and -empowering the governor, by and with the aid and advice of the -attorney-general, to investigate and place on foot such means as in his -judgment were necessary to bring the guilty parties to justice.[295] - -Prompted by the flagrant case of lynching which occurred at Pittsburg, -Kansas, on December 25, 1902,[296] the legislature of Kansas early in -1903 authorized county commissioners to offer and pay a reward in any -sum not exceeding five hundred dollars for the discovery, arrest, and -conviction of the perpetrator or perpetrators of the “murder or lynching -of a human being committed in their county,”[297] and also enacted a -statute against lynching modelled on the Indiana act of 1899 and the -amendment of 1901.[298] - -From this review of the legislation that has been enacted against -lynching it appears that an application of the following remedies has -been sought: first, an increase of the power of sheriffs and of their -responsibility for the proper discharge of the duties of their office; -second, heavier penalties for sheriffs and other officers who fail to -protect from mob violence any person lawfully in their custody; third, -heavier penalties for citizens who break into jails, or attack officers, -or hinder or obstruct legal procedure; fourth, adequate provision in the -law for the discovery, prosecution, and punishment of lynchers; fifth, -fixing responsibility upon a community by making the county in which a -lynching occurs liable for damages,[299] and giving a right of recovery -to the legal representatives of the person lynched. - -Direct and definite information as to the effectiveness of these -measures in particular instances is somewhat meager, but the few cases -that have arisen in the courts afford a basis for argument.[300] - -On January 6, 1897, Lawrence Brown, colored, was lynched in Orangeburg -County, South Carolina, for suspected arson. Isaac Brown, administrator -of the estate of Lawrence Brown, deceased, entered suit against -Orangeburg County in the common pleas circuit court of that county for -the recovery of damages under Section 6, Article 6, of the constitution, -and the act to prevent lynching which was passed in 1896.[301] Judgment -was rendered for the defendant, the presiding judge directing the jury -to find a verdict in his favor, on the ground that the provision in the -constitution and the act of the legislature conferred upon the plaintiff -no right to recover damages against the defendant, as the person lynched -was not a prisoner. An appeal from this decision was taken to the -supreme court where the judgment of the lower court was reversed and the -case was remanded for trial. The supreme court, construing the -constitutional provision broadly and in connection with the act of the -legislature, ruled that the judge had been in error in his directions to -the jury, that the correct construction of the constitutional provision -made a county liable for damages when the person lynched was not in the -custody of the law as a prisoner. While the court declared a -consideration of the question of the power of the legislature to pass -such an act, independently of the constitutional provision, to be -unnecessary in the case in hand, an opinion in regard to the matter was -expressed in the following words: “It has been held that statutes making -a community liable for damages in cases of lynchings, and giving a right -of recovery to the legal representatives of the person lynched, are -valid, on the ground that the main purpose is to impose a penalty on the -community, which is given to the legal representatives, not because they -have been damaged, but because the legislature sees fit thus to dispose -of the penalty. Such statutes are salutary, as their effect is to render -protection to human life, and make communities law-abiding.”[302] - -At the January term of the supreme court of Ohio in the year 1900 a -decision was rendered on the constitutionality of the “Act for the -Suppression of Mob Violence” which was passed April 10, 1896.[303] Two -cases were before the court. Benjamin F. Church, as the administrator of -Charles W. Mitchell, deceased, filed a petition against the board of -commissioners of Champaign County to recover five thousand dollars for -the lynching of said Mitchell, at Urbana, in said county.[304] Defendant -demurred to the petition and the demurrer was sustained by the court of -common pleas and the petition dismissed. The circuit court reversed the -judgment of the court of common pleas and the case then came before the -supreme court. In the other case, J. W. Caldwell brought action, under -the same statute, against the board of commissioners of Cuyahoga County, -to recover the sum of one thousand dollars for an injury which he -alleged that he had received at the hands of a mob in that county. A -demurrer to the petition, on the ground that the petition did not state -facts sufficient to constitute a cause for action and that said act was -unconstitutional, was sustained by the court of common pleas, and the -judgment of the court of common pleas was affirmed by the circuit court. -Both cases came up to the supreme court on petitions in error to reverse -the respective judgments of the circuit court. - -In the opinion delivered on April 10, 1900, the supreme court fully -discussed and upheld the principle involved in the act, affirming the -judgment of the circuit court in Commissioners _v._ Church, -administrator of Mitchell, and reversing the judgment of the circuit -court and the judgment of the court of common pleas in Caldwell _v._ -Commissioners. Church recovered from Champaign County five thousand -dollars with interest and costs for the lynching of Mitchell, and -Caldwell’s action was sustained for the recovery of one thousand dollars -for injuries received at the hands of a mob in Cuyahoga County.[305] The -court in its opinion stated specifically that the act was -constitutional; that the recovery authorized by said act was penal in -its nature, and it was within the legislative power to provide therefor; -that such legislation was not an exercise of judicial power, nor was it -a violation of the right of trial by jury[306]; that such recovery, and -the tax levy authorized and required by said act, were within the -general powers of the legislature.[307] - -One case has arisen under the Indiana act as amended in 1901. On -November 20, 1902, James Dillard, a negro who had committed the crime of -rape, was taken from the custody of John S. Dudley, the sheriff of -Sullivan County, Indiana, and “lynched by hanging until dead.” Dudley -had been elected sheriff at the general election held in November, 1900, -and William P. Maxwell had been elected coroner of Sullivan County. At -the general election held in November, 1902, each had been elected as -his own successor. On the day following the lynching of Dillard, -Governor Durbin notified Maxwell that the office of sheriff of Sullivan -County was vacant, and that he, as coroner, under the law succeeded to -the duties of the office. Maxwell thereupon demanded of Dudley the -possession of the office. This Dudley refused to give, and within ten -days after the lynching occurred, as provided for in the statute, filed -with the governor a petition for reinstatement in the office. After -hearing the petition and the evidence in support of it, Governor Durbin -denied the petition and refused to reinstate him. Governor Durbin then -notified the board of commissioners of Sullivan County of the vacancy in -the office of sheriff and suggested that the board appoint a successor -to Dudley. The board of commissioners took no action, however, and -Maxwell brought suit under a _quo warranto_ statute, to oust Dudley from -the office. In the circuit court of Sullivan County a judgment for the -defendant was rendered, and on an appeal to the supreme court of Indiana -the judgment of the circuit court was affirmed. The issues in the case -were purely questions of law, it being held that Maxwell did not have -ground for action under the _quo warranto_ statute, and the supreme -court expressed no opinion on the constitutionality of the amendatory -act of 1901.[308] - -Thus, the outcome of this case was, in effect, to nullify the operation -of the statute which removes a sheriff from office when he allows a -prisoner to be taken from his custody and lynched. The fact that Dudley -continued to exercise the duties of his office after the lynching -occurred, and successfully refused to vacate the office in response to -the demands of the coroner, indicates that public sentiment in the -community did not support the execution of the provisions of the law. -Newspaper reports of the case intimate, however, that politics entered -into the question to some extent. - -Perhaps the present situation with reference to remedial legislation on -the subject of lynching can be summed up in these few words: -Comparatively few States have enacted laws defining and punishing -lynching, or have enacted any statutes the specific purpose of which is -to prevent lynching. Where such statutes exist very few attempts have -been made to enforce them, and the validity of some is still in doubt. -From the supreme court decisions in South Carolina and Ohio it would -seem that the courts are likely to uphold statutes giving recovery of -damages from counties in cases of lynching. The constitutionality of -statutes fixing upon sheriffs the penalty of removal from office for -failure to protect prisoners is open to considerable doubt, however, and -no such measure has yet been enforced. In both South Carolina and -Alabama provision has been made in the body of the constitution for the -removal of a sheriff from office under such circumstances, but neglect, -connivance, or other grave fault must be proved against the sheriff. - -As to the effect that this remedial legislation has had on the practice -of lynching, opinions may differ, but it is difficult to point out in -what way these laws have brought about a decrease in the number of -lynchings.[309] It is true that not nearly so many lynchings occurred in -the years 1901, 1902, 1903, as occurred in the years 1891, 1892, 1893, -but it is also true that a marked decline in the number of lynchings per -year began several years before the greater number of the anti-lynching -laws were enacted. It is likewise true that the number of lynchings per -year, in States other than those possessing anti-lynching statutes has -declined in recent years. The truth would seem to be, therefore, if it -be assumed that the number of crimes or offenses which occasion -lynchings has been fairly uniform from year to year, that the same -causes which led to the enactment of the laws also brought about the -decline in the number of lynchings, namely, public discussion and -condemnation of the practice of lynching, a stronger public sentiment -against it, a deeper realization of the seriousness of the lynching -problem in the United States. - -That the measures adopted in South Carolina for the prevention of -lynching, even though upheld and strongly indorsed by the supreme court, -have not been altogether effective becomes apparent from a special -message sent to the General Assembly of South Carolina, on January 20, -1904. Governor Heyward wrote as follows: “In my annual message to your -honorable body reference was made to lawlessness in our State, the -frequent occurrence of lynchings being dealt with particularly. You, the -lawmakers, had not been assembled here a week when another evidence of -this lawless spirit is given in the lynching at Reevesville. The -Governor is popularly credited with the power to prevent or punish these -outrages against the State. In reality he is practically powerless. When -the crime has been committed his hands are practically tied. The meager -rewards he has been empowered to offer out of his contingent fund have -proved ineffectual, and this is as far as he is permitted to go. In the -meantime the spirit of lawlessness is unchecked. - -“Any band of men may feel secure in taking the life of a fellow-being on -almost any pretext. This deplorable condition ought to be remedied. To -compel the proper respect for the majesty of the law I recommend the -enactment of special legislation in reference to lynching, that the -great responsibility of officials directly charged with enforcing the -law be brought home to them, and that more effectual measures be taken -for the apprehension of persons who take the law in their own hands. In -lieu of some such legislation, I suggest that the Governor be provided -with an adequate fund for the purpose of suppressing lynching.”[310] - -On March 7, 1904, Richard Dixon, a negro, was taken from the jail and -lynched at Springfield, Ohio. This occurred in Clark County which -adjoins Champaign County on the south. In at least two other instances -lynchings would have taken place in Ohio, since the decision of the -supreme court which established the validity of the law holding counties -liable in damages, had it not been for the vigilance and prompt action -of the sheriffs. The possibility of an increase in the rate of taxation -does not seem as yet to have had any restraining influence on the -actions of people in Ohio when occasion has arisen for a lynching. - -It is only within the last three or four years that determined efforts -have been put forth to arrest and punish persons who have participated -in lynchings, but these efforts have not been confined to the States -which have special laws against lynching. Lynchers may be punished -through statutory provisions defining homicide, manslaughter, murder, -conspiracy, riot, malicious mischief, assault, and the like. - -In November, 1903, eleven persons were indicted in St. Clair County, -Illinois, for participating in the lynching of a negro school teacher -the preceding June.[311] - -More than twenty persons were indicted in Vermilion County, Illinois, -for participation in the lynching of a negro at Danville on July 25, -1903, and verdicts of guilty of engaging in an attack on the county jail -were found against eleven men and one woman, the penalty being an -indeterminate sentence in the penitentiary.[312] - -In January, 1903, twenty-eight white citizens of Attala County, -Mississippi, were indicted for the lynching of two negroes.[313] - -In Alabama, in 1902, some men were given a term in the penitentiary for -lynching a negro, they being “the first like offenders,” according to -Governor Jelks, “to serve the state since the great war. No man had -heretofore gone to the penitentiary for lynching a negro.”[314] - -On June 4, 1903, Samuel Mitchell, white, who led the mob that lynched -Thomas Gilyard, a negro, at Joplin, Missouri, on April 15, preceding, -was sentenced to ten years’ imprisonment in the penitentiary, and two -other men were still to be tried for their part in the burning of negro -houses following the lynching.[315] - -In California nineteen indictments were returned against persons who -engaged in the lynching of four men and a boy on May 31, 1901, at -Lookout, in Modoc County, and it was said that the State’s attorney -worked up the case against great opposition.[316] - -There were several persons under indictment in Wyoming in February, -1904, for connection with a lynching which occurred in Big Horn County -on July 19, 1903.[317] - -No convictions of persons participating in lynchings in either -Tennessee, Kentucky, or Texas have been brought about under the -anti-lynching laws which were enacted by those States in 1897.[318] The -case of the State _vs._ Hughes, charged with participating in a -lynching, came up in DeKalb County, Tennessee, in July, 1902, but it was -found impossible to get a jury to try the case. The court exhausted a -venire of three hundred and fifty, and “found every man in the lot -disqualified—probably having themselves aided in the affair.”[319] On -November 13, 1902, John Davis, colored, was lynched in Marshall County, -Tennessee. Two men, W. P. Hopwood and W. H. L. Johnson, were later -arrested on the charge of participating in the lynching. On January 7, -1903, thirty masked men appeared at the jail where the prisoners were -confined, obtained the keys to the jail, and released the -prisoners.[320] - -The measures adopted by Georgia and North Carolina for the suppression -of lynchings have likewise remained inoperative. Numerous lynchings have -taken place in both of these States since 1893, but no lyncher has yet -suffered any of the penalties prescribed by law. A resident of North -Carolina recently made this statement with reference to the punishment -of lynchers in his State: “Judges have charged juries against the crime, -and Governor Aycock—risking his political fortunes for his -convictions—recently offered a reward of $400 each for the conviction of -a party of seventy-five who lynched a negro near Salisbury. But never -yet has the law punished a North Carolina lyncher.”[321] - -In general it may be said that the laws proposed far outnumber the laws -enacted against lynching, and that wherever such laws have been enacted -their enforcement has not as yet been such as to warrant any great -reliance on their effectiveness to prevent lynching. It can scarcely be -said that the remedy for lynching lies at present in the direction of -additional State legislation specifically directed against it. - -By many it is thought that a federal law on the subject would be most -effective in the suppression of lynchings, and several bills have been -introduced in Congress with this end in view.[322] On January 13, 1902, -Mr. Crumpacker of Indiana introduced a bill in the House of -Representatives for the punishment of persons taking part in the -lynching of aliens. The bill was designed to cover cases similar to the -lynching of the Italians at New Orleans, and jurisdiction over such -offenses was given to the federal courts, persons who had taken part in -lynchings being disqualified from serving as jurors.[323] - -Others would have Congress enact a law making all who lynch, whether the -victims be citizens or aliens, and all who instigate, aid, abet, or -shield lynchers, guilty of a crime against the United States. In support -of such a law it is urged that a lyncher could be as easily discovered -and punished as a moonshiner, or a counterfeiter, or a mail robber; that -if the object of our constitution is to insure domestic tranquility, -promote the general welfare and secure the blessings of liberty to -ourselves and our posterity, it ought to include the power to punish -those who defy the government established by the constitution and take -life without due process of law; and that if it was worth while to amend -the constitution to prevent the denial of the electoral franchise, it is -also worth while to amend the constitution to prevent and punish the -denial of justice.[324] - -A further ground for bringing lynching within the jurisdiction of -federal courts and federal law is the fact that the lynching of an alien -may involve the United States in international complications, although -the federal government can take no action in the premises. Diplomatic -intercourse was actually broken off between Italy and the United States -during the controversy over the matter of an indemnity for the lynching -of Italian citizens at New Orleans in 1891.[325] In a number of other -instances foreign countries have successfully demanded indemnities from -the United States through the Department of State for injuries done -their citizens by mob violence. The following table gives the sums of -money that have been paid to foreign countries since 1880 in the -settlement of such claims. - - INDEMNITIES PAID FOR INJURIES TO ALIENS.[326] - - YEAR WHEN COUNTRY TO LOCALITY WHERE INJURIES AMOUNT OF INDEMNITY - PAID WHICH PAID WERE INFLICTED - 1887 China Wyoming $147,748.74 - 1888 China Pacific Coast 276,619.75 - 1892 Italy Louisiana 24,330.90 - 1896 Italy Colorado 10,000.00 - 1896 Great Britain Louisiana 1,000.00 - 1896 Great Britain Nebraska 1,800.00 - 1897 Italy Louisiana 6,000.00 - 1898 Mexico California 2,000.00 - 1901 Mexico Texas 2,000.00 - 1901 Italy Louisiana 4,000.00 - 1903 Italy Mississippi 5,000.00 - —————-—————————— - Total $480,499.39[327] - -With the exception of the payment to China in 1887, “in consideration of -the losses unhappily sustained by certain Chinese subjects by mob -violence at Rock Springs, in the Territory of Wyoming, September 2, -1885,” these indemnities have been paid “out of humane consideration, -without reference to the question of liability therefor.” While they -have thus not been paid in discharge of an express obligation recognized -by the United States, there has been a moral obligation recognized and -the federal government has felt it to be incumbent upon itself to -redress grievances of this nature.[328] - -It is a peculiar situation when the United States can thus be called -upon to pay indemnities for lynchings and yet cannot take steps in the -several States to prevent their occurrence and cannot in any way hold -the State governments responsible. That this defect in the federal -constitution should be remedied seems, from this standpoint, wholly -desirable. It is very doubtful, however, whether such an object could be -accomplished at the present time, and still more doubtful whether a -federal law could be enacted and enforced against lynching at the -present time, without reviving the sectionalism and many of the evils of -the Reconstruction Period. When Senator Gallinger of New Hampshire -offered a resolution in the 57th Congress that the Committee on the -Judiciary be directed to make an inquiry into the subject of lynchings -and to report whether there be any remedy for the evil, his reference to -a recent lynching in a Southern State was instantly resented by the -senators from that State, and the course which the debate took upon the -resolution made it apparent at once that an attempt to make such an -investigation would be an unwise step. The matter was dropped by Senator -Gallinger’s making the request that the resolution lie on the table -subject to his call.[329] - -Of the numerous proposals that have been made for reform in the system -of legal procedure in the United States, as a remedy for lynching, none -is more noteworthy or fundamental than that put forward by Justice -Brewer of the United States Supreme Court. He argues that men are afraid -of the law’s delays and the uncertainty of its results; that if all were -sure that the guilty ones would be promptly tried and punished, the -inducement to lynch would be largely taken away. He suggests, therefore, -the taking away of the right of appeal in criminal cases as one means of -checking lynching.[330] - -While the law’s delays in criminal cases are probably not so great as -they are popularly believed to be, the popular impression being due to -over-emphasis of flagrant cases,[331] still the fact that such an -impression is a prevalent one makes it extremely easy for a community to -countenance the summary and illegal punishment of the perpetrator of a -crime which has been particularly shocking to the community, a crime for -which many persons in the community really feel that no punishment can -be quite adequate. A case in point is that of the lynching of George -White, colored, at Wilmington, Delaware, on June 22, 1903. A refusal by -the judges to grant an immediate trial on the ground that the accused -could not then have a fair and impartial trial because of the excited -state of public feeling, was publicly urged as a reason for the people -taking the law into their own hands and “upholding the majesty of the -law.” The outcome was that White was burned at the stake and those who -participated in the lynching were allowed to go free, the coroner’s jury -returning a verdict that the deceased came to his death at the hands of -persons unknown. - -It is in this way that the popular idea that the law’s delays are so -great as frequently to defeat the ends of justice, whether it have much -or little basis in fact,[332] contributes to the continuance of the -practice of lynching. If to abolish the right of appeal in criminal -cases, or to limit it to a considerable extent, will further the ends of -justice, as there seems to be good reason for believing that it will, -such a step will have a tendency to check lynching by making void one of -the excuses most frequently urged in extenuation of the practice. -Lynching is a phenomenon in American society too deeply rooted to be -destroyed by merely taking away the right of appeal in criminal cases, -but that a measure will render less plausible a prominent excuse for its -existence and continuance makes such a measure worthy of serious -consideration. - -The governors of several States have recently asked that they be given -more power, and that more resources be placed at their command, in order -that they may take the initiative both in preventing lynchings and in -punishing lynchers. Something may be accomplished by granting their -requests. During the fourteen years immediately preceding Governor -O’Ferrall’s inauguration there were sixty-two lynchings within the -bounds of the State of Virginia, but during the four years of his -administration there were but three, and in neither case was the chief -executive in a position either to prevent the crime or punish the -offenders.[333] The most hopeful sign at the present time is the stand -which the governors and minor officers in a number of States, in the -South as well as in the North, have taken against lynching.[334] -Governor Vardaman, of Mississippi, in his recent rather sensational -rescue of a negro murderer from a mob,[335] has at least demonstrated -the possibility of preventing lynchings and enforcing the law. Governor -Jelks, of Alabama, and Governor Durbin, of Indiana, have not only been -outspoken in their denunciation of lynchings but have taken active -measures to prevent them. A number of sheriffs in various States have -within the last two years prevented lynchings by courageously facing -mobs and making it clear that they would defend their prisoners at the -hazard of their own lives.[336] - -So long, however, as coroner’s juries empanelled to inquire into the -death of victims of lynching continue to render the verdict that “the -deceased came to his death at the hands of persons unknown to the jury,” -and so long as it is true that the coroner’s verdict commonly marks the -end of all legal procedure with reference to the occurrence, it is not -to be expected that sheriffs and jailers will hazard their lives in the -protection of prisoners.[337] Prisoners are taken from officers of the -law and lynched, not because the officers are cowards, but because they -are in sympathy with the sentiment in the community which demands -immediate punishment. The public sentiment revealed in the following -citations is not found in isolated instances, but is typical, although -equal frankness of statement cannot always be secured. - -A verdict rendered by a coroner’s jury in Wayne County, North Carolina, -in August, 1902, over the body of a negro rapist, read as follows: “We -the undersigned, empanelled as a jury to inquire into the cause of the -death of Tom Jones, find that he came to his death by gun shot wounds, -inflicted by parties unknown to jury, obviously by an outraged public -acting in defense of their homes, wives, daughters and children. In view -of the enormity of the crime committed by said Tom Jones, alias Frank -Hill, we think they would have been recreant to their duty as good -citizens had they acted otherwise.”[338] - -In December, 1899, Richard Coleman, a negro ravisher and murderer, was -burned at the stake at Maysville, Kentucky. In response to a letter from -the governor of the State, asking for particulars, a Maysville lawyer -wrote as follows: “The whole thing took place in broad daylight and in -the presence of thousands. The parties to it are known, Mr. Lashbrook -(husband of Coleman’s victim) himself being the leader, but it will be -fruitless to attempt any prosecution of them. The people of this -community are as good as the people of any other community in the State, -or, for that matter, elsewhere, and they are shocked, and, I may say, -well-nigh paralyzed by this gruesome happening in their midst, but I am -satisfied they will not take kindly to any attempt to hold the parties -to the transaction to any responsibilities therefor.”[339] - -The only ultimate remedy for lynching is a strong public sentiment -against it. It is necessary, in the United States particularly, to -depend very largely upon public sentiment for the enforcement of law, -and until there is a sentiment, in every community where a lynching -occurs, which will demand the punishment of those who take part in such -lynching, it can scarcely be expected that sheriffs will risk their -lives to protect prisoners, or that prosecuting attorneys, judges, and -juries will co-operate to secure the conviction of lynchers and to make -them feel the full penalty of the law. A member of the Maryland Bar -writing in 1900 said that less than a dozen lynchers had ever been tried -for their crime, and only one or two had been punished. The present -writer has been able to obtain no information which would warrant the -statement that as many as twenty-five persons have been convicted of a -crime and punished for participating in the lynching of over three -thousand persons in the last twenty-two years.[340] - -From the greater number of indictments that have been secured against -lynchers during the last two years it would seem that the practice of -lynching is receiving stronger public condemnation now than formerly, -but it must be remembered that the creation of a public sentiment on any -subject is a slow process, particularly with reference to lynching. -Lynching as a crime against society is not yet distinguished from -lynching as the justifiable infliction of a deserved punishment by -private citizens. Furthermore, it is difficult to create a public -sentiment against lynching because of the racial antipathy which -aggravates the evil in certain sections of the United States. Time will -be required for the effectual application of a remedy for lynching. Any -anti-lynching measures that may be adopted must be considered as -palliatives rather than as remedies. - -No single statute can be enacted which will put an end to the practice -of lynching; nor is it likely that any single measure can be adopted -which will effectually suppress lynching. Every measure which will tend -to invalidate the excuses offered for the adoption of lynch-law -procedure, every measure which will tend to prevent the commission of -crimes provoking resort to lynch-law procedure, every measure which will -tend to strengthen and maintain a popular reliance on legal procedure, -every measure which will in any way tend to create a strong, -uncompromising public sentiment against lynching, all of these must be -adopted if the practice of lynching is to be made a thing of the past in -the United States. - - - - - CHAPTER IX - SOME CONCLUSIONS - - -The question naturally arises, what is the peculiarity about American -society which fosters and tolerates lynching? Why is lynching a -peculiarly American institution? It has been suggested that the -explanation lies along racial lines. Some have said that the -Scotch-Irish are responsible for the introduction into this country of -the practice of illegally punishing public offenders. Others say that it -is race prejudice, a result of the coming together of many races in one -country, and particularly that it is the racial antagonism between the -white race and the negro race, which explains the matter. Looking at the -history of the practice in the United States from colonial times down to -the present day, one can scarcely regard such an explanation as either -adequate or conclusive. The real explanation lies along a somewhat -different line, and it can be pointed out best by drawing some contrasts -between the administration of the law in the United States and its -administration in the older countries of Europe. - -The American people are not any more disposed toward lawlessness—they -are not less law-abiding—than European peoples; it is rather that they -maintain a wholly different attitude toward the law. Social and -political conditions are different, and the law, instead of being -something in itself to reverence and respect, is little more than a -device for securing freedom. The value of laws as rules of conduct is -not minimized but there is no sense of sanctity pertaining to them. To -outwit, avoid, defy, or forget the laws is not a serious offense so long -as an appeal can be made to the individual sense of justice in support -of such courses of action. - -In Europe, where the statutes have grown up from tradition and ancient -custom, the law is regarded as a more sacred institution; in a very real -sense it is the product of a superior authority. Law in its -institutional sense is as much a predetermined factor in daily affairs -as is one of the laws of nature. Social and political conditions are -fixed. Politics do not enter into the enforcement of law. Civilization -is distributed in a more nearly equal measure and the law is enforced -with equal vigor over the whole country.[341] The judicial and -administrative officers are persons socially and politically distinct -from the masses, and their individuality is so completely subordinated -to their representative capacity that the law thus comes to have a -majesty and dignity which can be given it in no other way. - -In the United States, on the contrary, the body of the law lacks the -support of long tradition and ancient practice. The early immigrants -brought with them the European conception of law, but in the midst of -new conditions, with no strong government to enforce it with an -impartial and an iron hand, along with the growth of the democratic -spirit, a new _esprit des lois_, as Montesquieu would call it, has been -developed. Where the people, either directly or through their -representatives, make the laws and then elect the officers who are to -enforce them, it is inevitable that the legal machinery will prove -powerless to control popular excitements. Politics also enter very -largely into the whole question. In remote districts, too, the people -seldom have occasion to meet any other officers of the law than their -own neighbors and friends whom they have elected to minor civil offices. -It is for this reason that the execution of the law varies so greatly in -different parts of the United States, being either vigorous or lax, in -accordance with the moral sentiment of the community. - -In a monarchy or a highly centralized form of government, the law is -made for the people and enforced against them by officials who are in no -sense responsible to them. - -In a democracy with a republican form of government, like the United -States, such is not the case. The people consider themselves a law unto -themselves. They make the laws; therefore they can unmake them. Since -they say what a judge can do, they entertain the idea that they may do -this thing themselves. To execute a criminal deserving of death is to -act merely in their sovereign capacity, temporarily dispensing with -their agents, the legal administrators of the law. While not always -expressed in language so unmistakable in meaning, yet this is the spirit -exhibited, the vague and perhaps unconscious attitude toward the law, -which seems particularly to pervade the United States. - -The tendency toward public disorder has existed in this country from its -earliest settlement, and as the line of the frontier has slowly moved -westward there has always been a region on the border where the forces -of law were unorganized. There has thus been a constant opportunity for -a plea of necessity in certain cases for resorting to the popular -execution of justice. In recent years the customary explanations of -lynchings attribute them to mob rule, emotional insanity of the crowd, -race prejudice, contempt for the “niggers,” intense community feeling, -vivid hatred of crime, _lex talionis_ and the like. It is often asserted -that lynchings occur because the courts are slow, uncertain, and unduly -sympathetic with the rights of the accused, because corrupt jurymen, -shrewd lawyers, the technicalities of the law or the undue sympathies of -the pardoning powers frequently prolong and save a guilty person’s life. -While it is true on psychological grounds that punishment to be -effective must be prompt and certain, and while such explanations have -validity in particular cases, the fundamental explanation lies deeper. -It is to be found in the peculiar and distinctively American attitude -toward those institutions connoted by the term “the law.”[342] There is -a readiness on the part of the people in the United States to take the -law into their own hands which is not found in other countries, and the -consequent immunity from punishment which is generally accorded to -lynchers renders an American mob exceedingly open to the suggestion of -lynching. - -It is on such grounds that the existence of lynching as a peculiarly -American institution is to be explained. Such are the conditions and -such has been the conception of the law which has fostered a public -sentiment in the United States excusing and apologizing for lynchings. -The writer of a book published in London in 1837 was not far wrong when -he wrote: “The Lynch law, is not, properly speaking, an opposition to -the established laws of the country, or, is at least, not contemplated -as such by its adherents; but rather as a supplement to them,—a species -of _common_ law, which is as old as the country.”[343] - -To the same effect is this “Scotch View of Lynch law” which was -occasioned by the lynching of the Italians at New Orleans in 1891. After -reviewing the facts and circumstances connected with that lynching, the -following comments were made: “This is crude and it is primitive. It is -to be deplored and condemned. But it is not without a foundation of -reason and justice. The people have committed the administration of -justice to a certain machinery; so long as that machinery works without -flagrant injustice, it will be left to do the work; but when it utterly -breaks down, or goes in the teeth of what is right according to the -rough-and-ready ideas of the Americans, the people will resume the -function of dealing out punishment direct. The ultimate sanction is -brought in. That is the American method. The Briton, when he thinks the -ordinary tribunals have failed, writes to the _Times_, or gets up a -monster petition to the Home Secretary, or asks a question of the Houses -of Parliament.”[344] - -In certain sections of the United States this readiness on the part of -the people to take the law into their own hands receives constant -support and encouragement from the racial antipathy which exists between -the whites and the negroes. It cannot be said that the lynching of -negroes is due to “race prejudice” alone, but it is true that the -antagonistic feeling between the two races aggravates the tendency to -lynch, when offenses are committed against white persons by negroes. -Other racial contrasts in the population have likewise promoted the -adoption of extra-legal methods of punishment. From colonial times down -to the present day the contemptuous attitude of the whites toward the -Indians has undoubtedly been a potent factor in the not infrequent -failure to observe due process of law in the treatment of Indians. In -the summary treatment of Italians, Mexicans, Chinese, and other aliens, -differences in racial characteristics have also played an important -part. In very many cases of lynching a racial antipathy has acted as the -most prominent contributory cause, and it is this fact that has induced -many writers to find in “race prejudice” the ultimate explanation of -lynching as an American institution. - -The lynching of negroes is now so distinctively an American practice -largely because of the racial contrast in the population which is -peculiar to this country. Nowhere else in the temperate zone does a -colored race of tropical origin come into contact in such numbers with a -highly civilized race of European stock. The “native question” of -tropical regions has here been transplanted, as it were, to the -temperate zone.[345] Furthermore, the difficulties arising from ethnic -contact within the tropics have been intensified rather than lessened by -this change of environment. There are the same fundamental differences -in racial characteristics and in racial heredity, but these become -accentuated and seem even more adverse in a climate where the struggle -for existence is of necessity much more vigorous and exacting. In -addition, there has developed between the white race and the colored -race in the United States an intolerant, inconsiderate spirit directly -promoted by an unwise and short-sighted political policy. A great many -years will doubtless be required for the effacement of the unfortunate -results of past errors, involving as it does a very general -understanding and recognition of the ethnic and “societal” factors which -enter vitally into the “race question.” Only in so far as this comes -about, however, will it be possible to establish a new order of society -with an appropriate legal system in the place of that which formerly -existed on the basis of the institution of slavery. - -The assumption made by many writers that more negroes are lynched for -the crime of rape against white women than for any other crime is -without foundation in fact. Statistics show that not more than -thirty-four per cent of the negroes summarily put to death during the -last twenty-two years have been lynched for that crime, either alleged, -attempted, or actually committed. Lynching for that crime, however, -leads to lynching for other crimes and also furnishes a ground for an -appeal to public sentiment to condone the practice of lynching. - -Since the negroes were made free American citizens a large class of the -younger generation has become utterly shiftless and worthless, many of -them being vicious and dangerous individuals in a community. Professor -DuBois, than whom there is probably no man better qualified to make a -careful and conservative estimate, says that at least nine per cent of -the county black population in the Black Belt are thoroughly lewd and -vicious.[346] Lynching has been resorted to by the whites not merely to -wreak vengeance, but to terrorize and restrain this lawless element in -the negro population. Among the Southern people the conviction is -general that terror is the only restraining influence that can be -brought to bear upon vicious negroes. The negroes fear nothing so much -as force, and should they once get the notion that there is a reasonable -hope of escape from punishment, the whites in many parts of the South -would be at their mercy.[347] There is no evidence, however, to show -that the punishment of negroes by mob violence tends to decrease -lawlessness among the negroes, or even tends to restrain the vicious -element from committing offenses against the whites. On the contrary, -lawlessness seems to beget lawlessness and the publicity given to -revolting crimes by lynching the perpetrators of them seems really to -incite others to commit similar crimes, or at least suggests to others -like crimes when opportunity offers. - -The frightful tortures and the burnings which have taken place in the -last few years in connection with the lynching of negroes is partly to -be accounted for by the fact that lynchings are now carried on by a -lower class of whites than formerly.[348] The power of suggestion as an -incentive to crime is also evident in this barbarous conduct of lynching -mobs. The publicity given in the newspapers, particularly the -sensational ones, to the details of such tragic scenes has undoubtedly -been largely responsible for the frequency of their recurrence.[349] The -relations between the younger generations of the two races are, besides, -much less cordial and amicable than were those which existed between the -generations immediately preceding; there is less of a mutual -understanding. The relation of master and slave has been destroyed and -no new relation has yet been firmly established in its place. In the -process of adjustment to a new order of things there has been constant -friction between the two races, and when an offense has been committed -upon a white person by a negro, particularly if an assault has been made -upon the person of a white woman or child, the exasperation of the -whites has known scarcely any bounds. - -While the decrease in the number of lynchings per year since the early -nineties affords some hope for the future with reference to the -suppression of lynchings, still the number of burnings and the number of -cases in which the victims are subjected to extreme torture indicate -that too much reliance cannot be placed upon any apparent decline in the -tendency to lynch. The fact also that lynchings frequently occur in -communities where such summary and illegal procedure had not previously -been permitted forebodes more lynchings in the future. The seriousness -of the situation with reference to the practice of lynching in the -United States is not yet fully realized. There is no little ground for -apprehension in the fact that it is becoming common for cries of “Lynch -him,” “Hang him,” “Get a rope and string him up,” &c., to be heard, even -on the streets of New York City, whenever a crowd gathers in response to -a feeling of popular excitement and indignation over the perpetration of -some atrocious crime. - -In the course of this investigation into the history of lynching it has -become evident that there is usually more or less public approval, or -supposed favorable public sentiment, behind a lynching. Indeed, it is -not too much to say that popular justification is the _sine qua non_ of -lynching. It is this fact that distinguishes lynching, on the one hand, -from assassination and murder, and, on the other hand, from insurrection -and open warfare. A lynching may be defined as an illegal and summary -execution at the hands of a mob, or a number of persons, who have in -some degree the public opinion of the community behind them. When the -term first came into use it meant the infliction of corporal punishment, -particularly whipping. The term is now used exclusively to signify the -infliction of the death penalty in a summary fashion, usually by -hanging. But whatever the penalty imposed or the manner of its -imposition, the sentiment frequently expressed in a community where a -lynching has occurred is to the effect that the victim or victims got no -more than was deserved. - -It further appears from this investigation that no one cause or crime -can be assigned for lynching. Lynchings take place for various causes. -At one time there may be a lack of ordinary tribunals of justice, at -another time there may be doubt as to the efficiency of the legal -machinery. Lynchings may take place because the offense is outside the -law but is deemed serious enough to merit severe punishment. They may -occur because of the barbarity and fiendish nature of the crime -committed. They may occur for one reason or for another; the only factor -that is always present is a disorganized state of society or a condition -of popular excitement and resentment when reliance on ordinary legal -procedure is at a minimum. - -Of the legal remedies for lynching which have been proposed, few have -been enacted into laws, and where such measures have been placed upon -the statute-books they have not as yet been so effectively administered -as to inspire confidence in them as an ultimate means of suppressing the -practice. The problem of finding a remedy for lynching is really a -problem of increasing and maintaining a popular reliance on the -formulation and the administration of the law. Every measure which will -in any way promote such a reliance, either by invalidating the excuses -offered in justification of the practice or by developing a strong -public sentiment against it, deserves serious consideration, and every -such measure, unless likely to be productive of other evils possibly -greater, should be immediately adopted and put into operation. - -The existence of the practice of lynching in the United States is a -national disgrace and should be so considered by every citizen no matter -in what part of the country his home may be. This, however, does not -justify citizens of the Northern section in violently attacking citizens -of the Southern section every time that a lynching occurs in that -section, or _vice versa_. Each section and indeed each community must -hold itself responsible for the prevention of lynchings. Neither -European philanthropists nor the Northern press or pulpit can do very -much toward preventing such occurrences in the South. It is a question -with which the South alone can properly deal and it is a problem which -the intelligent men of the South are best able to solve. The efforts of -the Southern Education Board and the General Education Board to educate -both the whites and the blacks and lift them to a higher plane of living -will do much toward preventing lynchings. The work done by such schools -as the Hampton Institute and the Tuskegee Normal and Industrial -Institute, and the principles advocated by such men as Booker T. -Washington, also lead in the same direction. - -It has been well suggested that the Northern papers and the Southern -papers should exchange texts—the Northern press should preach against -negro crime, the Southern press should preach against lawlessness and -race prejudice. That this has been done in a few instances gives hope -for the future. - -To the extent that the colored race increases its industrial efficiency -and becomes economically strong in the South will there be a decrease in -negro lawlessness and viciousness, and likewise will it merit respect -and confidence on the part of the white race. More than anything else -the colored race needs wise and able leaders at the present time. The -false notions and ideals of the Reconstruction Period have now been -largely eradicated. The race is in a position to make substantial and -material progress, if under able leadership, and such progress will tend -to eliminate the conditions which foster lynching in the South. - -If the United States had a monarchical form of government the most -practicable means for the suppression of lynchings would consist merely -in the publication of an edict by the monarch for the better enforcement -of the law. Most lynching mobs could be easily dispersed were the -officers of the law resolute and determined men intent upon protecting -their prisoners and letting the law take its course; if they were -responsible only to their superior officers and not more or less -directly responsible to the people, and if they were not in sympathy -with the mob to a greater or less degree. Our system of government, -however, is in form representative and popular, and all our traditions -are against a highly centralized form of government. In the United -States it is therefore necessary to depend very largely upon public -sentiment for a strict enforcement of the law. Lynch-law will not cease -to exist in this country until there is a strong and uncompromising -public sentiment against it in every community, a public sentiment -which, with a full recognition of the ethnic and “societal” factors -involved in the “race question,” and of the necessity for a legal system -consistent with these factors instead of one based on abstract -principles concerning the rights of all men, will invariably condemn -lynchings because they are a crime against society, if for no other -reason, and will under no circumstances countenance them because they -may be the administration of deserved and well-merited punishments. - - - - - LIST OF PERIODICALS CITED - - - American Journal of Social Science. - American Law Review. - American Whig Review. - Annals of the American Academy of Science. - Annual Reports of the American Historical Association. - Atlantic Monthly. - Boston Chronicle. - Boston Daily Advertiser. - Boston Evening Post. - Boston Evening Transcript. - Boston Gazette. - Boston News-Letter. - British and Foreign Review. - Brooklyn Standard Union. - Chambers’ Journal. - Chattanooga Times. - Chicago Tribune. - Congressional Record. - Cyclopedic Review of Current History. - Denver Republican. - Essex Gazette. - Fortnightly Review. - Forum. - Green Bag. - Harper’s Magazine. - Harvard Law Review. - Houston Post. - Howitt’s Journal. - Independent. - International Monthly. - Johns Hopkins Historical Studies. - Journal of Proceedings of American Social Science Association. - Leisure Hour. - Leslie’s Weekly. - Liberator. - Literary Digest. - London Gazette. - London Gazetteer. - Massachusetts Spy. - Modern Philology. - Nation. - New England Gazette. - New England Magazine. - New York Commercial Advertiser. - New York Evening Post. - New York Evening Sun. - New York Evening Telegraph. - New York Gazette. - New York Times. - New York Tribune. - New York World. - Niles’ Register. - North American Review. - Notes and Queries. - Our Day. - Outlook. - Publications of the American Economic Association. - Publications of the Southern Historical Association. - Public Opinion. - Raleigh News-Observer. - Review of Reviews. - Richmond Planet. - Salem Gazette. - Saturday Review. - Southern Literary Messenger. - Spectator. - Washington Times. - Yale Review. - -Citations are made also to statutes, historical records, colonial -archives, encyclopedias, dictionaries, etc. Full references are given in -the foot-notes. For authors quoted see index. - - - - - INDEX - - - Abolitionism, 91, 107, 121. - - Abolitionists, 105, 106, 113, 120, 122. - - Act of indemnity, 29, 72, 73. - - Agreement to take extra-legal measures, 49, 73, 83. - - Alabama, burning alive, 108, 126; - lynch-law adopted, 151, 179, 183, 188; - responsibility of sheriffs, 244; - punishment of lynchers, 255, 263. - - Alaska, lynch-law adopted, 180, 184. - - Aliens, lynching of, 171, 181. - - Anti-slavery agitation, 198. - - Arizona, lynch-law adopted, 180, 184. - - Arkansas, burning alive, 109, 126, 191; - lynch-law adopted, 179, 183, 188. - - Arnold, S. G., 66. - - Atkinson, Governor, 231. - - Austria-Hungary, mob violence, 4. - - Aycock, Governor, 256. - - - Bancroft, H. H., 132, 198. - - Bassett, John S., 48, 211. - - Beard, J. M., 139. - - Birkbeck, Morris, 77. - - Blanchard, Governor, 262. - - Blane, W. N., 38, 78. - - Boag, Rev. John, 10. - - Bohemian lynched, 172, 181. - - Boies, Henry M., 164. - - Brackett, J. R., 212. - - Brande, 5, 8. - - Brewer, Justice, on right of appeal, 260–262. - - Bristed, C. A., 16. - - Brown, W. G., 140. - - Brown, William Wells, 202. - - Brown _v._ Orangeburg Co., 246 ff. - - Bryce, James, 140. - - Burning alive, 108, 109, 126, 127, 191, 274, 275; - as legal punishment, 212 ff. - - - Cabell, Julia Mayo, 23, 33, 75. - - California, vigilance committee movement, 132 ff.; - lynch-law adopted, 151, 180, 184; - punishment of lynchers, 255. - - Canada, practice of lynching does not exist, 3. - - Carpet-baggers, 138. - - Castration, form of punishment, 211. - - Cattle thieves, 163 (see horse thieves). - - Causes of lynchings, classification of, 166 ff.; - conclusion in regard to, 276. - - Cazneau, Jane M., 197. - - Channing, W. E., 194. - - China, secret societies in, 4. - - Chinese lynched, 172, 181. - - Civil War, social disruption at close of, 137 ff. - - Club law, 38. - - Colonies, punishment of rape in, 208 ff. - - Colorado, lynch-law adopted, 152, 163, 180, 184; - burning alive, 191. - - Colored element in population, influence on lynching, 186 ff. - - Commissioners _v._ Church, 248 ff. - - Connecticut, tarring and feathering, 63; - perpetrators of outrage - fined, 115; - lynching of Charles Lockwood, 180, 181, 185. - - Corporal punishment (see whipping, tar and feathers, riding on rail). - - County liable for damages, 246 ff. - - Cowper justice, 8. - - Craig, John, 10. - - Criminality among negroes, 274. - - Crockett, David, 196. - - - Damages, suits for, 114, 115, 125. - - Defensor, 105. - - Delaware, burning alive, 180, 185, 191, 261. - - Desjardins, Arthur, 24. - - Desperadism, 166. - - Desperadoes, 128 ff., 150. - - Dewees, F. P., 150. - - Douglass, Frederick, 223. - - Doyle, A. Conan, 140. - - Drake family of South Carolina, tradition in, 17 ff. - - Draper, Lyman C., 26, 34, 73. - - Drayton, John, 61, 69. - - Drewry, W. S., 92 ff., 165. - - DuBois, W. E. B., 274. - - Durbin, Governor, 263. - - - England, practice of lynching does not exist, 3, 7, 9. - - Emancipation proclamation, 137. - - - Fallows, Samuel, 10. - - Farmer, John S., 10. - - Faux, W., 38, 76. - - Featherston, H. C., 15, 23, 30. - - Featherstonhaugh, G. W., 36. - - Federal anti-lynching law proposed, 257. - - Fiske, John, 212. - - Flogging (see whipping). - - Florida, lynch-law adopted, 119, 179, 183, 188. - - Ford, Paul Leicester, 60. - - Foreign element in population, effect on lynching, 186 ff. - - France, practice of lynching does not exist, 3. - - Franchise given to negroes, effect of, 205 ff. - - Frontier conditions, lynch-law under, 1, 78 ff., 129 ff., 150, 194 ff. - - - Gag law, 37. - - Galway story, 13 ff. - - Gamblers, lynch-law adopted against, 98, 99, 108. - - Garner, J. W., 138. - - Garrison, W. L., 91, 96. - - Georgia, lynch-law adopted, 92, 168, 179, 183, 185; - burning alive, 191; - anti-lynching laws, 231 ff., 233; - punishment of lynchers, 256. - - Germany, practice of lynching does not exist, 3. - - Gregg, Alexander, 20, 51 ff. - - Grose, 7. - - Grund, F. J., 114, 271. - - Guinea Coast, secret societies of, 4. - - - Hakluyt, 61. - - Halifax law, 8. - - Hall, Judge James, 39, 81. - - Hanna, C. A., 42. - - Hardiman, 15. - - Hawkes, Arthur, 202. - - Hening, 30, 32, 73, 76, 211. - - Henry, William Wirt, 32. - - Hershey, O. F., 270. - - Heyward, Governor, 252. - - Hittell, John S., 132. - - Hoffman, F. L., 153. - - Hogg, Governor, 230. - - Holt, George C., 155, 265. - - Hone, Philip, 117. - - Horse thieves, 3, 122, 128, 134, 163. - - Howe, Henry, 25, 26, 33. - - - Idaho, lynch-law adopted, 180,184. - - Illinois, lynch-law adopted, 44, 45, 78, 180, 185, 188; - compact entered into by Regulators, 83; - mob violence, 110, 115; - burning alive, 191; - punishment of lynchers, 254. - - Illiteracy, study of with reference to the distribution of lynchings, - 186 ff. - - Immigration, effect on practice of lynching, 186 ff. - - Indemnities paid by United States, 259. - - Indemnification of William Preston and others, 29; - William Campbell and others, 72; - Thomas Nelson, Jr., 73. - - Indiana, lynch-law adopted, 38, 77, 152, 180, 185, 188; - anti-lynching laws, 241 ff.; - Maxwell _v._ Dudley, 250. - - Indians lynched, 172. Cf. 41 ff., 44. 45. - - Indian Territory, lynch-law adopted, 180, 184. - - Informers tarred and feathered, 62 ff. - - Ingle, Edward, 75. - - Ingraham, J. H., 101, 227. - - Iowa, lynch-law adopted, 86 ff., 180, 184. - - Italians lynched, 172, 181, 228. - - - Jacksonian period, 106 ff. - - Jameson, R. G., 61. - - Jamieson, John, 8. - - Japanese lynched, 172, 181. - - Jeddart justice, 8. - - Jelks, Governor, 263. - - Johnson, Joseph, 22, 56, 61. - - Johnson, William, 26. - - Judge Lynch, code of his honor, 82, 83, 102, 133. - - - Kansas, lynch-law adopted, 134, 152, 180, 184, 245; - burning alive, 191; - anti-lynching law, 245. - - Keller, Albert G., 272. - - Kemble, Fanny, 201. - - Kentucky, lynch-law adopted, 38, 78, 88, 151, 179, 183, 188; - damages for slaves illegally executed, 125; - burning alive, 191, 264; - anti-lynching law, 238 ff.; - punishment of lynchers, 255, 264. - - Ku-Klux Klan 6, 139 ff. - - - Lashing (see whipping). - - Latrobe, C. J., 83. - - Lawless, Judge, 109, 193. - - LeBon, Gustave, 275. - - Lee, Henry, 26. - - Legal executions compared with lynchings, 163. - - Legal remedies, efficacy of, 245, 251 ff, 277. - - LeRoy, James A., 202. - - Lester, J. C., 139. - - Levell, W. H., 274. - - Linch, 16. - - Linch’s Law, 39, 81. - - Lincoln, Abraham, on effects of mob law, 110 ff. - - Linn, W. A., 103. - - Lossing, Benson J., 24. - - Louisiana, lynch-law adopted, 117, 151, 179, 183, 188; - slaves sentenced to death by planters, 126; - burning alive, 191, 228. - - Lovejoy, Rev. E. P., 110, 115. - - Loyal League, 146. - - Lydford law, 7. - - Lyell, Sir Charles, 119. - - Lynch, dictionary definitions of, 9 ff.; - etymology of, 16 ff.; - use of word, 116. - - Lynch, Charles, 11, 23 ff. - - Lynch, John, 23, 35, 75. - - Lynch, James Fitzstephen, 13. - - Lynch, William, 73, 75. - - Lynchers, punishment of, 114 ff., 152, 254 ff., 265. - - Lynch’s Creek, South Carolina, 19 ff. - - Lynch Creek, North Carolina, 17. - - Lynching, practice peculiar to United States, 1 ff., 267 ff.; - social conditions affecting, 2, 5, 277; - similar to regulating, 46; - definition of, 11, 135, 136, 186, 241, 276; - manner of death by, 151, 152, 191; - how justified in South, 224–226, 272, 273. - - Lynchings, reports of in newspapers, 159; - distribution of by States, 182; - distribution of by counties, 189. - - Lynch-law, meaning of term, 9 ff., 40, 136; - frontier type, 82 ff., 85 ff., 89, 90, 129 ff., 150, 194 ff.; - type found in well settled communities, 2, 112 ff. - - Lynch’s law, earliest use of expression, 36; - original signification of term, 39, 40; - used for first time in Liberator, 97; - used for first time in Niles’ Register, 98. - - - Malay lynched, 152. - - Marryat, F., 114, 194 ff. - - Martin, Colonel William, 34. - - Martin, F. X., 20, 48. - - Martineau, Harriet, 104, 114. - - Maryland, lynch-law adopted, 152, 179, 183, 188. - - Massachusetts, lynch-law adopted, 102, 103; - tarring and feathering, 61 ff., 64, 65, 67 ff. - - Matthews, Albert, 19, 21, 32, 36, 59. - - Maxwell _v._ Dudley, 250. - - Mayo-Smith, Richmond, 170. - - McConnel, J. L., 84, 85. - - McCord, D. J., 213, 219, 221. - - McCrady, Edward, 20, 61, 69. - - Mexicans lynched, 172, 181. - - Michigan, lynch-law adopted, 152, 180, 185; - anti-lynching law, 244. - - Mississippi, lynch-law adopted, 99 ff., 117, 120, 168, 179, 183, 188; - suits for damages, 115; - burning alive, 191; - punishment of lynchers, 254. - - Missouri, lynch-law adopted, 98, 116, 118, 119, 120, 122, 151, 179, - 183, 188; - burning alive, 108, 109, 126; - punishment of lynchers, 255. - - Mob law, 37. - - Mobocracy, 101. - - Mobs, 20, 69, 97, 101; - definition, 241. - - Mob violence, 66, 68, 91, 103 ff., 110, 115, 259; - damages for, 66. - - Molly Maguires, 150. - - Montana, lynch-law adopted, 151, 163, 180, 184. - - Montgomery, Cora, 197. - - Moore, Frank, 60, 61, 69, 70, 71. - - Moore, Nina, 64. - - Mormons, 103. - - Murray, C. A., 36, 198. - - Murrell conspiracy, 100. - - - Nebraska, lynch-law adopted, 152, 180, 184. - - Negroes, lynching of, previous to Civil War, 124, 126 ff.; - in recent years, 151, 152, 170 ff., 181; - how justified, 223 ff. - - Nevada, lynch-law adopted, 151, 180, 184. - - New Hampshire, lynch-law adopted, 44. - - New Jersey, tarring and feathering, 70, 180, 185. - - New Mexico, lynch-law adopted, 180, 184. - - New York, tarring and feathering, 63, 70; - lynch-law adopted, 180, 185. - - New Zealand, tarring and feathering, 61. - - Noble, J., 212. - - North Carolina, Regulators, 20 ff., 48; - lynch-law adopted, 91, 120, 179, 183, 188, 264; - burning alive, 191; - anti-lynching law, 232; - punishment of lynchers, 256, 257. - - North Dakota, lynch-law adopted, 180, 184. - - Nuttall, 10. - - - O’Ferall, Governor, 229, 231, 262. - - Ohio, lynch-law adopted, 152, 180, 185, 188, 248; - anti-lynching laws, 235 ff.; - Commissioners _v._ Church, 248 ff. - - Olmsted, F. L., 128. - - O’Neall, J. B., 20, 21, 53, 55. - - Oregon, lynch-law adopted, 180, 184. - - - Page, Thomas Nelson, 140, 207, 224. - - Page, Thomas Walker, 23 ff. - - Page, Walter H., 223. - - Pell, Edward Leigh, 159, 231. - - Pennsylvania, Rangers at Paxtang, 41; - tarring and feathering, 64; - lynch-law adopted, 22, 97, 98, 180, 185. - - Perfectionists, 103. - - Phillips, Edward, 7. - - Popular tribunals, 133. - - Public sentiment as remedy, 265 ff., 279. - - - Race prejudice, 168, 198 ff., 272. - - Ramsay, David, 55. - - Rangers, 41, 45, 82. - - Rape, 126, 127, 166, 169, 170, 177, 207 ff., 213 ff., 273. - - Ratzel, F., 4, 201. - - Reconstruction period characterized, 153. - - Regulate, earliest use in connection with extra-legal punishment, 48. - - Regulating, 20, 38, 39, 46, 48, 51, 59, 80. - - Regulators, 6, 20 ff., 33, 38, 42, 48 ff., 79 ff., 88, 121, 130, 143. - - Remedies tried, 245, 251 ff. - - Revolutionary War, social conditions during, 60. - - Rhode Island, tarring and feathering, 63; - mob violence, 66. - - Riding on rail, 92, 103, 113, 120 (see whipping, tar and feathers). - - Riots, 38, 69, 91, 97. - - Roads, Jr., S., 69. - - Roberts, William, 3. - - Royce, Josiah, 132. - - Russia, lynch-law procedure, 3. - - - San Francisco vigilance committees, 132. - - Schaper, Wm. A., 21. - - Schenck, David, 36. - - Schofilites, 22, 56. - - Scotland, summary procedure, 7, 9. - - Scotch-Irish blamed for introduction of lynch-law, 42, 43. - - Sewall, Samuel, 201. - - Shaler, N. S., 270. - - Shepherd, Samuel, 211. - - Sidis, Boris, 275. - - Simms, W. G., 26. - - Slick, use of word, 98, 120. - - Sloane, W. M., 71. - - Smith, W. H., 45. - - Sons of Liberty, 59, 154. - - South Carolina, Regulators, 19, 21, 51 ff.; - tarring and feathering, 69, 71; - lynch-law adopted, 151, 168, 179, 183, 188; - provision for trial of slaves, 218 ff.; - anti-lynching law, 233 ff.; - Brown _v._ Orangeburg Co., 246 ff. - - South Dakota, lynch-law adopted, 180, 184. - - Squire Birch, 33, 81. - - Stamp Act, 59. - - Stearns, Charles, 139. - - Stedman, C., 26. - - Stone, Alfred Holt, 191. - - Summers, L. P., 36. - - Sumner, W. G., 60, 107. - - Swiss lynched, 172, 181. - - - Tar and feathers, 60 ff., 92, 97, 98, 100, 101, 103, 120. - - Tarleton, Banastre, 26. - - Tea merchants, subjects for tar and feathers, 66. - - Tennessee, lynch-law adopted, 35, 114, 115, 119, 151, 179, 183, 188; - Ku-Klux Klan, 139, 145, 148; - anti-lynching law, 237; - punishment of lynchers, 255, 256. - - Texas, lynch-law adopted, 118, 121, 122, 128, 179, 183, 188; - burning alive, 191, 228; - anti-lynching law, 240, 241; - punishment of lynchers, 255. - - Tillinghast, J. A., 200. - - Tories, 24 ff., 60, 72. - - Turner, Nat., 92 ff. - - - Union League, 146. - - Upton, George P., 160. - - Utah, lynch-law adopted, 180, 184. - - - Vardaman, Governor, 263. - - Vehmic courts, 5 ff. - - Verdicts of coroner’s juries, 263. - - Vicksburg gamblers, 99, 108, 194. - - Vigilance organizations, 6, 122, 125, 128, 130 ff. - - Virginia, lynch-law adopted, 23 ff., 32, 39, 76, 92, 119, 151, 179, - 183, 188; - acts to indemnify, 29, 72, 73; - tarring and feathering, 71; - agreement of 1780, 73; - slave insurrection led by Nat Turner, 92 ff. - - - Washington, lynch-law adopted, 180, 184. - - Washington, Booker T., 278. - - Wells, Ida B., 229. - - West Virginia, lynch-law adopted, 102, 179, 183, 188; - joint resolution condemning lynching, 244. - - Westcott, 7. - - Wheeler, John H., 17 ff., 50. - - Whipping, 27, 28, 32, 35, 47, 76, 77, 92, 98, 99, 102, 113, 114, 115, - 116, 120, 217–218. - - White Caps, 154, 168. - - Willcox, Walter F., 207. - - Williams, George W., 199, 203. - - Williamson, Hugh, 20, 48, 50. - - Wilson, D. L., 139. - - Wilson, Woodrow, 107. - - Wirt, William, 26, 32, 71. - - Wisconsin, lynch-law adopted, 152, 180, 185. - - Wister, Owen, 197. - - Women, lynching of, 172, 173. - - Wright, Carroll D., 268. - - Wyoming, lynch-law adopted, 180, 184; - punishment of lynchers, 255. - ------ - -Footnote 1: - - Compare statement by William Roberts in _Fortnightly Review_, January, - 1892 (57: 92). - -Footnote 2: - - The _Times_, Washington, D. C., Dec. 14, 1902. - -Footnote 3: - - The _Standard Union_, Brooklyn, N. Y., Nov. 14, 1902. - -Footnote 4: - - The _New York Evening Telegraph_, Oct. 8, 1902. - -Footnote 5: - - See F. Ratzel: “History of Mankind” (trans. by A. J. Butler), I, 125, - 281, 282; II, 131; III, 507. - -Footnote 6: - - See “Fehmic courts,” Encyclopædia Britannica, 9th edition. - -Footnote 7: - - Edward Phillips: “The New World of Words, or a General English - Dictionary” (1678, 4th edition). - -Footnote 8: - - Grose’s “Provincial Glossary” (London, 1811), p. 163. - -Footnote 9: - - See “Lynch Law,” International Cyclopædia (1893). - -Footnote 10: - - See Century Dictionary under “Law.” - -Footnote 11: - - John Jamieson: “Etymological Dictionary of the Scottish Language” - (1879). - -Footnote 12: - - An American edition, bound under the title, “Brande’s Encyclopædia,” - was published in 1843. - -Footnote 13: - - The English Dictionary, edited by Rev. John Boag and published at - Glasgow in 1848, gives for the verb lynch, “To inflict punishment - without the forms of law, as by a mob.” The definitions given for the - words “lynched” and “lynching” are also very similar to the ones given - by Webster. It is fair to presume that Boag consulted Webster and - followed his authority, although he did not mark the term as an - American word. John Craig’s Dictionary of the English Language - (London, 1849) gives “lynch, _v. a._ To punish summarily without - judicial investigation, as by a mob.—An American word.” The London - edition of Nuttall’s Dictionary (published about 1863) gives “Lynch, - _v. a._ To inflict pain, or punish without the forms of law, as by an - American mob.” The dictionaries published in Great Britain previous to - 1848 do not contain the verb lynch. - -Footnote 14: - - The edition of 1901 has the same. The Century Dictionary is the only - recent authoritative work that states unequivocally that lynch-law was - originally the kind of law administered by Charles Lynch of Virginia. - -Footnote 15: - - See Hardiman’s History of Galway (Dublin, 1820), p. 70. Also, - _Spectator_ (London), April 13, 1889 (62: 511). The story can be - traced back as far as the year 1674. See Miscellany of the Irish - Archæological Society (1846), I, 44–80. (M.) - -Footnote 16: - - The _Green Bag_, March, 1900 (12: 150). - -Footnote 17: - - See “lynch law,” The American Cyclopædia (edition of 1875). See also, - Notes & Queries, 2d Series, Oct. 23, 1858 (6: 338), where reference is - made to _London Gazette_, 6–9 February, 1687–8, No. 2319. - -Footnote 18: - - That he succeeded in making himself thoroughly unpopular with every - one is shown in the Calendars of State Papers, Colonial Series, - America & West Indies, 1685–1688, and 1688–1692. (M.) - -Footnote 19: - - See “lynch law,” Encyclopædia Britannica (9th edition); also, under - “to lynch,” Bartlett’s Dictionary of Americanisms (4th edition, 1877). - - C. A. Bristed, in an essay on The English Language in America - (Cambridge Essays, 1855, p. 60) says: “_Linch_, in several of the - northern-county dialects, means to beat, or maltreat. Lynch Law, then, - would be simply equivalent to _club-law_; and the change of a letter - may be easily accounted for by the fact that the name of Lynch is as - common in some parts of America as in Ireland.” - -Footnote 20: - - No such verb as _linch_ or _linge_ is found in Bosworth’s Dictionary - of the Anglo-Saxon Language, or in Stratmann’s Middle-English - Dictionary. Murray’s Oxford Dictionary (1903) gives the verb _linch_ - as a variant of _linge_, a word “of obscure origin.” - -Footnote 21: - - See “lynch,” Skeat’s Etymological Dictionary. - -Footnote 22: - - Although Bristed ingeniously traces lynch-law back to the verb - _linch_, he remarks, in passing, that “if there ever was a phrase - deemed particularly Trans-atlantic in origin, it is that of Lynch Law - for summary and informal justice.” - -Footnote 23: - - See p. 10, note 1. - -Footnote 24: - - “Reminiscences and Memoirs of North Carolina” (1884), p. 172. - -Footnote 25: - - “History of North Carolina” (1851), p. 274. - -Footnote 26: - - See article by Albert Matthews in the _Nation_, Dec. 4, 1902 (75: - 439). - -Footnote 27: - - Alexander Gregg: “History of the Old Cheraws” (1867), p. 120. F. X. - Martin: “History of North Carolina” (1829), II, 228, 233. Hugh - Williamson: “History of North Carolina” (1812), II, 128, 131. - -Footnote 28: - - J. B. O’Neall: “Annals of Newberry” (1859), p. 76. It is not stated by - O’Neall at what time these gentlemen instituted this practice in South - Carolina. From the evidence that Gregg gives, it apparently took place - in the summer of 1767. See the following chapter, p. 53. - -Footnote 29: - - See article by Edward McCrady, in the _Nation_, Jan. 15, 1903 (76: - 52). This article as originally written was published in full in the - _Sunday News_, Charleston, S. C., Jan. 11, 1903. In a letter published - in the _Nation_, March 19, 1903 (76: 225), Mr. George S. Wills cites - an example of the use of the word lynch in connection with this creek, - which is found in a journal kept by the Rev. William H. Wills, a - Methodist minister of North Carolina, who traveled in his sulky from - Tarboro, North Carolina, to Alabama, in the early summer of 1837. - After describing a narrow escape from drowning in an attempt to cross - Lynch’s Creek while it was swollen, the Rev. Mr. Wills writes in his - journal: “Probably I shall never forget Lynches Creek; for it had well - nigh Lynch^d me.”—See “Publications of the Southern Historical - Association,” November, 1902 (6:479). This example, however, shows no - original connection between the term lynch-law and Lynch’s Creek, - South Carolina. As will appear in the following pages, by the year - 1837 the word lynch had come to be widely used to indicate summary - punishment. Evidently the writer in this case merely noticed the - similarity between the name of the creek and the word which had - recently come into use, and so made this play upon words, using the - word lynch in a somewhat figurative sense. - -Footnote 30: - - See article by Albert Matthews in the _Nation_, Jan. 29, 1903 (76: - 91). In a monograph by William A. Schaper, on “Sectionalism and - Representation in South Carolina,” the statement is made, in reference - to the Regulators of 1768, that “the settlers agreed to rely on lynch - law, which received its name at this time.”—Annual Report of the - American Historical Association (1900), I, 337. The author of this - statement that lynch-law received its name at this time was, however, - unable to cite facts to support it. (M.) - -Footnote 31: - - “History of the Old Cheraws” (1867), p. 128. - -Footnote 32: - - J. B. O’Neall: “Biographical Sketches of the Bench and Bar of South - Carolina” (1859), I, p. x. - -Footnote 33: - - “Traditions and Reminiscences,” pp. 44–45. - -Footnote 34: - - Ibid., p. 544. - -Footnote 35: - - Vol. 48, p. 402. - -Footnote 36: - - One such story will be found in the following chapter on p. 73. For an - account of the Lynch family in Virginia, see Mrs. Julia Mayo Cabell: - “Sketches and Recollections of Lynchburg” (1858), pp. 9–23. The chief - available sources of information for the facts and events pertaining - to the life of Charles Lynch are an article by Thomas Walker Page in - the _Atlantic Monthly_, December, 1901 (88: 731), and one by Howell - Colton Featherston in the _Green Bag_, March, 1900 (12: 150). Both of - these articles have been largely drawn upon in the following pages. - -Footnote 37: - - A writer (“Claverhouse”) in the _New York Evening Post_ for June 2, - 1864, says: “In America, the term ‘Lynch law’ was first used in - Piedmont, on the western frontier of Virginia. There was no court - within the district, and all controversies were referred to the - arbitrament of prominent citizens. Among these was a man by the name - of Lynch, whose decisions were so impartial that he was known as Judge - Lynch, and the system was called ‘Lynch law,’ and adopted in our - pioneer settlements as an inexpensive and speedy method of obtaining - justice.” - -Footnote 38: - - Edited by Benson J. Lossing, published in 1882. - -Footnote 39: - - See article by Arthur Desjardins, _Revue des Deux Mondes_, May, 1891. - -Footnote 40: - - Charles Lynch was born in 1736, at Chestnut Hill, his father’s estate, - upon a part of which the city of Lynchburg now stands. His father was - a “redemptioner” who came to Virginia from Ireland about 1725. The - young adventurer subsequently married the daughter of the planter to - whom the captain of the ship that brought him over had sold him, took - up a large tract of land lying between the James and the Staunton - rivers, and became a tobacco planter on a large scale. At his death - the home on the James fell to his eldest son, John, and Charles took - the part of the family lands that lay nearer the frontier. The mother, - Sarah Lynch, then a widow, had joined the sect of the Quakers at the - Cedar Creek meeting on April 16, 1750, and it is in the records of - this congregation of Quakers that the following item appears: “14 of - Dec., 1754. Charles Lynch and Anne Terrill published for the first - Time their Intentions of Marriage.” The young couple established their - home on the Staunton, in what is now the southwestern part of Campbell - County. - - For years Charles followed his mother’s teachings and was an active - member of the Society of Friends; for some time he was “Clerk of the - monthly meetings.” Later, however, the exigencies of the times caused - him to forego some of his scruples and accept public office. In 1767 - he became “unsatisfactory” to the peace-loving Quakers and he was - “disowned for taking solemn oaths, contrary to the order and - discipline of Friends.” It was in this year, 1767, that he was elected - to the Virginia House of Burgesses, where he held a seat till the - colony became an independent State. He was prominent in the earliest - organization of Bedford County, formed from Lunenburg County in 1753 - (Henry Howe: “Historical Collections of Virginia” (1845), p. 188; - Hening’s Statutes at Large, VI, 381), and was a member of the Virginia - convention of 1776, which, by sending instructions to the delegates - from Virginia in the Continental Congress, exercised a decisive - influence on the movement for independence. He had been made a justice - of the peace under a commission from Governor Dunmore in 1774, and - when the county court was reorganized, according to the ordinance of - the Convention, passed on the 3d of July, 1776, he retained the - position. - - At the beginning of the Revolutionary War his Quaker principles seemed - still to influence his actions to an extent sufficient to keep him out - of active military service. His loyalty was well known, however. Mr. - Page says: “He did not enlist in the army, partly because of his - Quaker principles, but chiefly because his presence was imperatively - necessary at home. He had to rouse the spirit of his constituents to - support the action he had advocated in the convention. He had to raise - and equip troops for the army. He had, as it were, to mobilize the - forces of his country, and attend to all the duties of a commissary - department. In addition, he had to make some provision in the event of - an attack from hostile Indians.” In 1778 the court of Bedford - recommended him to the Governor for the office of Colonel of Militia - in that county. He accepted the commission and organized a regiment, - but the call to the front did not come till two years later when the - war was shifted to the south and Lord Cornwallis was sent to - co-operate with General Philips and Benedict Arnold in the invasion of - Virginia. - - The records of the court of Bedford County, the minutes of various - Quaker meetings, the journals of the Virginia House of Burgesses and - of the first Constitutional Convention, taken together with family - documents and traditions, show Charles Lynch to have been a thoroughly - capable and highly respected man, a leader among the men in his - community. Before the close of the war he made a record for himself as - an officer in the army. At the battle of Guilford Court House, March - 15, 1781, a battalion of riflemen under his command behaved with much - gallantry and aided in bringing considerable credit to the Virginia - militia. [Henry Howe: “Historical Collections of Virginia” (1845), p. - 212. W. G. Simms: “Life of Nathanael Greene” (1859), p. 186. Henry - Lee: “Memoirs of the War” (1812), I, 341, 345. William Johnson: - “Sketches of Life and Correspondence of Nathanael Greene” (1822), II, - 3. Banastre Tarleton: “History of the Campaigns of 1780 and 1781” - (1787), p. 272. C. Stedman: “History of the American War” (1794), II, - 338.] - - He lived for a number of years after peace had been declared with - England, and voted for the new constitution. In the family - burying-ground on his homestead plantation a tombstone bears the - simple inscription: - - “In memory of Colonel Charles Lynch, a zealous and active patriot. - Died, October 29, 1796; aged 60 years.” - - Many anecdotes are still in circulation among the old inhabitants of - his neighborhood illustrative of his habits and character. The chorus - of a once popular patriotic song runs as follows: - - “Hurrah for Colonel Lynch, - Captain Bob and Callaway! - They never turned a Tory loose - Until he shouted ‘Liberty’!” - - Another version of this refrain runs this way: - - “Hurrah for Captain Bob, - Colonels Lynch and Callaway! - Who never let a Tory off - Until he cried out ‘Liberty!’” - -Footnote 41: - - Mr. Page makes no mention of any trouble with desperadoes. Referring - to the Tories in Bedford County, he says: “Numerous records of the - county courts, taken together with other sources of information, show - that here, as in many other western counties, there was a strong and - influential party opposed to the struggle for independence. For the - most part they were quiet, thrifty men, far different from the - ruffians and desperadoes that prejudice has since represented them to - be.” That there were cliques of depredators and that much lawlessness - prevailed in Virginia and the Carolinas at about this time is - undoubtedly true, however. William Wirt, in his “Sketches of the Life - and Character of Patrick Henry” (p. 217), cites the case of Josiah - Philips who, at the head of a band of banditti, spread terror in the - counties of Norfolk and Princess Anne, and was made an outlaw by an - act of the legislature of Virginia, by which act it became lawful for - any person to kill him whenever opportunity offered. Lyman C. Draper - presents the record of a great deal of lawlessness and depredation in - his “King’s Mountain and its Heroes.” See pp. 241, 331, 332, 336, 340 - note, 343 note, 384, 448–449. - -Footnote 42: - - It is to be understood that these statements are based on tradition - and not on contemporary evidence. - -Footnote 43: - - Mr. Page remarks that the fine was not so heavy as it seems, for in - that year the prices fixed by the court were: rum and brandy per - gallon, £40, corn and oats per gallon, £2 8s., dinner at an - “ordinary,” £4 10s., &c. - -Footnote 44: - - Hening’s Statutes at Large, XI, 134–135. - -Footnote 45: - - Quoted from the article by Mr. Page. No evidence is cited in support - of the statement that the proceedings in Bedford were imitated in - other parts of the State and came to be known by the name of Lynch’s - Law. - -Footnote 46: - - See article by Mr. Featherston. A drawing of this tree “from a sketch - from nature” may be found in the _Green Bag_, December, 1892 (4: 561). - -Footnote 47: - - Mr. Featherston states that Charles Lynch was often called “Judge - Lynch” by his neighbors. He seems to have been more commonly known as - “Colonel Lynch.” - -Footnote 48: - - “The infliction of capital punishment was extremely rare. There were - only three instances of it, and these for most heinous offenses, - between the organization of the county (Bedford) and the Revolution. - The first case was on May 24, 1756, when the court assembled ‘to hear - and determine all Treasons, Petit Treasons, Murders, and other - Offenses committed or done by Hampton and Sambo belonging to John - Payne of Goochland, Gent.’ ‘The said Hampton and Sambo were set to the - Bar under Custody of Charles Talbot (then sheriff) to whose Custody - they were before committed on Suspicion of their being Guilty of the - felonious Prepairing and Administering Poysonous Medicines to Ann - Payne, and being Arraigned of the Premises pleaded Not Guilty and for - their Trial put themselves upon the Court. Whereupon divers Witnesses - were charged and they heared in their Defence. On Consideration - thereof it is the Opinion of the Court that the said Hampton is guilty - in the Manner and Form as in the Indictment. Therefore it is - considered that the said Hampton be hanged by the Neck till he be - dead, and that he be afterwards cut in Quarters, and his Quarters hung - up at the Cross Roads. And it is the Opinion of the Court that the - said Sambo is guilty of a Misdemeanor. Therefore it is considered that - the said Sambo be burnt in the Hand, and that he also receive - thirty-one Lashes on his bare Back at the Whipping Post. Memo: That - the said Hampton is adjudged at forty-five Pound which is ordered to - be certified to the Assembly (that his owner may be remunerated - according to law).’ That it was a convincing proof of his guilt, and - not race prejudice, that led the court to impose this savage - punishment is evident from the fact that in the same year a negro was - tried for murder, another for poisoning, and a third for arson, and - all were cleared.”—Quoted from the article by Mr. Page. - -Footnote 49: - - This evidence has been presented by the present writer in a - communication to the _Nation_. See issue of May 21, 1903 (76: 415). - -Footnote 50: - - William Wirt: “Sketches of the Life and Character of Patrick Henry” - (1818), p. 372. Mr. Matthews, in his article in the _Nation_, Dec. 4, - 1902 (75: 439), remarks that it is uncertain whether the note was - written by Roane or Wirt. In William Wirt Henry’s “Life of Patrick - Henry,” Vol. II, p. 482, the “MS. Letter of Judge Roane to Mr. Wirt” - is given, but the note is not included. The note was undoubtedly - written by Wirt. - -Footnote 51: - - An act for dividing the county of Bedford into two distinct counties, - the new county to be known by the name of Campbell, was passed by the - General Assembly in 1782.—Hening’s Statutes at Large, X, 447; Journal - of the House of Delegates, Jan. 5, 1782, p. 73. Howe says that - Campbell County was formed from Bedford in 1784, and named in honor of - General William Campbell, a distinguished officer of the American - Revolution.—“Historical Collections of Virginia.” p. 210. - -Footnote 52: - - Published at Charleston, South Carolina, in 1845. See p. 212 for the - quotation. See Mrs. Julia Mayo Cabell: “Sketches and Recollections of - Lynchburg” (1858), pp. 9–10, for a similar account of the connection - of Colonel Charles Lynch with the origin of “the celebrated code - called ‘Lynch Law.’” This account is taken from the _St. Louis - Republican_, but neither the author’s name nor the date of its - publication is given. - -Footnote 53: - - Henry Howe: “The Great West” (Cincinnati, 1852), p. 183. - -Footnote 54: - - The writer is indebted to Mr. Matthews for the suggestion that Howe’s - allusion to “Squire Birch” points to Judge James Hall’s “Letters from - the West” as one such source. See Chapter III. p. 81. - -Footnote 55: - - There are two errors here. Lynchburg was not named for him but for his - brother, John Lynch, and the plan was started later than “some seventy - or eighty years ago.” Mr. Matthews disagrees with the writer in saying - that this account is entirely independent of what Wirt had written on - the subject. It seems to the writer, however, that these two - inaccuracies indicate that Martin was drawing wholly from his own - sources of information. He was, apparently, merely writing down what - was considered a matter of common knowledge among the older men in - that section of the country, many of whom were emigrants from - Virginia. - -Footnote 56: - - “Publications of the Southern Historical Association,” November, 1900, - (4: 463). - -Footnote 57: - - Charles Augustus Murray, in his “Travels in North America during the - years 1834, 1835, and 1836” (2 vol., N. Y., 1839), gives a traditional - account of the origin of the term “lynch-law,” such a one as might be - given around a camp-fire. He also describes the operation of lynch-law - at that time in the Mississippi Valley. See Vol II, p. 79. G. W. - Featherstonhaugh, in his “Excursion through the Slave States” (N. Y., - 1844), gives “An account of the first Judge Lynch, and the state of - Legal Practice in his Court,” pp. 89–90. He speaks of a certain Judge - Lynch in Arkansas and of “a famous Virginia ancestor of his.” He says - that “this ancestor, the first Judge Lynch, was a miller and a justice - of the peace in the back woods,” and then gives a traditional account - of his methods of inflicting punishment. See also David Schenck: - “North Carolina, 1780–81” (1889), pp. 309–310. L. P. Summers: “History - of Southwest Virginia and Washington County” (1903), p. 243. - -Footnote 58: - - Mr. Matthews holds a somewhat different view. See article, “The Term - Lynch Law,” _Modern Philology_, Vol. II, No. 2, October, 1904. This - article should be consulted by any one desiring to investigate this - matter further. - -Footnote 59: - - In the _Salem Gazette_, July 17, 1812, p. 3, the rise and domination - of mobs in a community was characterized as “Mob Law.” (M.) - -Footnote 60: - - Jan. 9, 1819 (15: 384). (M.) - -Footnote 61: - - July 24, 1819 (16: 368). (M.) - -Footnote 62: - - June 1, 1822 (22: 224). (M.) - -Footnote 63: - - “Memorable Days in America” (1823), p. 304. - -Footnote 64: - - Ibid., p. 318. - -Footnote 65: - - Vol. 26, p. 326. - -Footnote 66: - - “An Excursion through the United States and Canada,” pp. 233–236. (M.) - An extended extract is given in the following chapter on p. 79. - -Footnote 67: - - pp. 291, 292. A more extended extract is given in the following - chapter on p. 81. - -Footnote 68: - - C. A. Hanna: “The Scotch-Irish” (1902), p. 60. - -Footnote 69: - - C. A. Hanna: “The Scotch-Irish” (1902), p. 60. - -Footnote 70: - - New Hampshire Provincial Papers, VI, 262–266. (M.) - -Footnote 71: - - W. H. Smith: “The St. Clair Papers” (1882), II, 351, 374, 376, - 396–397. (M.) - -Footnote 72: - - New Jersey Archives (1897), XIX, 225–226. (M.) - -Footnote 73: - - New Jersey Archives (1897), XIX, 326–327. _New York Gazette_, December - 31, 1753. (M.) This is the earliest use of the word regulate in - connection with illegal punishment for corrective purposes that has - come to the writer’s notice. - -Footnote 74: - - See monograph on “The Regulators of North Carolina,” by Professor John - S. Bassett of Trinity College, N. C., for a full and complete account - of this organization. It was published in the Annual Report of the - American Historical Association for 1894. - -Footnote 75: - - F. X. Martin: “History of North Carolina” (1829), II, 218–219. H. - Williamson: “History of North Carolina” (1812), II, 130–131, 261. - -Footnote 76: - - H. Williamson: “History of North Carolina” (1812), II, 262–263. J. H. - Wheeler: “History of North Carolina” (1851), II, 306. - -Footnote 77: - - H. Williamson: “History of North Carolina” (1812), II, 270–271. - -Footnote 78: - - See Alexander Gregg: “History of the Old Cheraws” (1867), Ch. VII. - This chapter contains quotations from original sources on the - Regulation movement in South Carolina, and has, therefore, - considerable value. - -Footnote 79: - - See Gregg’s “History of The Old Cheraws,” p. 134. - -Footnote 80: - - See Gregg’s “History of The Old Cheraws,” p. 134. - -Footnote 81: - - J. B. O’Neall: “The Annals of Newberry” (1859), pp. 75–76. - -Footnote 82: - - See Gregg’s “History of the Old Cheraws,” p. 136. This is the earliest - use of the word Regulator in connection with the disturbances in the - Carolinas known to the present writer. - -Footnote 83: - - On April 18, a Circuit Court Act was passed, but afterwards failed to - become a law. - -Footnote 84: - - See Gregg’s “History of The Old Cheraws,” p. 138. - -Footnote 85: - - See Gregg’s “History of The Old Cheraws,” p. 139. - -Footnote 86: - - David Ramsay: “History of the Revolution in South Carolina” (1785), I, - 63–64. According to this author these events took place “about the - year 1770.” O’Neall says (Annals of Newberry, p. 75): “The Regulators - and Scofelites, in 1764, met in battle array,” &c. Johnson says - (Traditions and Reminiscences, p. 92): “In 1769 great commotions arose - in the upper parts of the State, between what were called ‘Regulators’ - and ‘Schofilites.’” In reality, the crisis in the strife between the - Regulators and Schofilites occurred in March, 1769. This is shown by - the following extract, dated Charlestown, (South Carolina), April 6, - which appeared in the _Boston Chronicle_ of May 11–15, 1769 (No. 92, - II, 155): “The prudent conduct of government, in ordering Joseph - Coffill, who had assumed the title of Colonel, and some extraordinary - powers, and with his party had committed divers excesses, to disperse, - has had the happy effect of once more restoring peace and good order - amongst the inhabitants of the western settlements, who, exasperated - by the tyrannical conduct of this man, has assembled in a large body - towards the close of last month, in order to compel him to shew what - powers he was invested with, and if they had found that he was not - cloathed with authority, to have brought him to justice, at all - events. Both parties were incamped within musket shot of each other, - on Saludy river, when the orders to Coffill arrived, and thus a great - deal of bloodshed was prevented. The Colonels Richardson, Thompson, - and M’Girt, gentlemen of great reputation, and highly esteemed by the - whole body of honest back settlers, we are told, exerted themselves - upon this occasion, with great spirit, discretion, and success.” - -Footnote 87: - - Joseph Johnson: “Traditions and Reminiscences” (1851), p. 45. - -Footnote 88: - - Ibid. - -Footnote 89: - - See Gregg’s “History of the Old Cheraws,” pp. 151–152. - -Footnote 90: - - This is likewise Gregg’s view of the matter. - -Footnote 91: - - In the year 1765 and for several succeeding years the “Sons of - Liberty” were particularly active in stirring up resistance to the - acts of the British government, which were considered oppressive. The - “Sons of Liberty,” elsewhere as well as in Boston, seem to have been - regularly organized and to have held secret meetings at which - resolutions were adopted and definite plans of action were determined - upon for either driving away or punishing certain “Stamp Masters,” - “infamous importers,” and “informers.” Warning notices were frequently - posted and published, signed by “P. P., Clerk,” “M. Y., Secretary,” - &c. Hanging and burning in effigy, flagellation, tarring and - feathering, and ducking, were the punitive measures generally - threatened and not infrequently carried into effect.—These statements - are based on a collection of notes on “Sons of Liberty” which were - loaned to the writer by Mr. Albert Matthews. - -Footnote 92: - - For an exposition of the condition of society, its state of - dissolution and lack of organization, during the Revolutionary period - and subsequent to that period, see W. G. Sumner: “Alexander Hamilton” - (1890). On page 13 this statement is made: “The Union was from the - start at war with the turbulent, anarchistic elements which the - Revolution had set loose.” - -Footnote 93: - - A correspondent of the _New England Gazette_ in 1776 asked “whether it - would be featherable for a man to be detected with one of them - (pardons from the king) in his pocket.”—Frank Moore: “Diary of the - Revolution (1875), p. 226. Paul Leicester Ford, when writing his - historical novel “Janice Meredith,” treated tarring and feathering as - an ordinary incident of Revolutionary times. See Chapters XVII, - XXXVIII. - -Footnote 94: - - John Drayton: “Memoirs of the American Revolution” (1821), I, 273. - Frank Moore: “Diary of the Revolution” (1875), p. 44. Joseph Johnson: - “Traditions and Reminiscences” (1851), p. 70. Edward McCrady: “South - Carolina in the Revolution 1775–1780” (1901), p. 24. The date on which - the tarring and feathering of Thomas Ditson of the town of Billerica - took place was March 9, not March 8, as given by the above writers. - For an explanation of the discrepancy in the date and for a - description of the occurrence, see _Boston Gazette_, March 13, 1775 - (No. 1039, p. 3); March 20, 1775 (No. 1040, p. 3). - -Footnote 95: - - Joseph Johnson: “Traditions and Reminiscences” (1851), p. 71. “The - punishment of banishment, preceded by the more dreadful operation of - tarring and feathering,” was put in execution by a “judicial - Association” in the early days of a settlement on the Bay of Islands, - New Zealand. See R. G. Jameson: “New Zealand, South Australia, and New - South Wales” (London, 1842), pp. 190–191. - - The _Yankee_, June 4, 1813, p. 4, cited one of the laws of the naval - code established during the reign of Richard I as the “Origin of - Tarring and Feathering.” By this law any one lawfully convicted of - stealing should have his head shorn, and boiling pitch poured upon his - head, and feathers or down strewed upon the same, whereby he might be - known until the next landing place was reached, where he was to be - left.—See Hakluyt’s “Voyages,” II, 21. - -Footnote 96: - - The writer is indebted to Mr. Albert Matthews for the facts which are - here presented in regard to the practice of tarring and feathering - previous to the year 1775. - -Footnote 97: - - _Salem Gazette_, Sept. 6–13, 1768 (No. 7, p. 27). _Boston Evening - Post_, Sept. 12, 1768 (No. 1720, p. 3). “Diaries of B. Lynde & B. - Lynde, Jr.” (1880), p. 192. - -Footnote 98: - - _Boston Evening Post_, Sept. 19, 1768 (No. 1721, p. 3). - -Footnote 99: - - _Essex Gazette_, Sept. 20–27, 1768 (No. 9, p. 37). - -Footnote 100: - - _Boston Evening-Post_, June 19, 1769 (No. 1760, p. 3). - -Footnote 101: - - _Boston Gazette_, Sept. 25, 1769 (No. 755, p. 3). - -Footnote 102: - - _Boston Gazette_, Oct. 16, 1769 (No. 758, p. 2). - -Footnote 103: - - No. 140, II, 351. - -Footnote 104: - - _Boston Gazette_, Jan. 1, 1770 (No. 769, p. 1); June 11, 1770 (No. - 792, p. 2); July 2, 1770 (No. 795, p. 2); August 20, 1770 (No. 802, p. - 1); _Boston-Gazette_ Supplement July 30, 1770 (No. 799, p. 2); Aug. 6, - 1770 (No. 800, p. 2); _Boston News-Letter_, June 21, 1770 (No. 3480, - p. 3); _Essex Gazette_, June 19–26, 1770, II, p. 191; June 26–July 3, - 1770, II, p. 195; Aug. 7–14, 1770, III, p. 11; _London Gazetteer_, - Nov. 17, 1770 (No. 13016, p. 2); “The Letters of James Murray, - Loyalist,” edited by Nina Moore Tiffany (1901), pp. 165, 175–178. - -Footnote 105: - - _Boston Gazette_, Nov. 1, 1773 (No. 969, pp. 1, 3). See also _Boston - News-Letter_, Jan. 27, 1774 (No. 3669, p. 2). - -Footnote 106: - - _Boston Gazette_, Nov. 15, 1773 (No. 971, p. 3). - -Footnote 107: - - _Boston News-Letter_, Jan. 27, 1774 (No. 3669, p. 2); Feb. 3, 1774 - (No. 3670, p. 2); _Massachusetts Spy_, Jan. 27, 1774 (No. 156, p. 3). - -Footnote 108: - - _Boston Gazette_, Jan, 31. 1774 (No. 982, p. 3); _Massachusetts Spy_, - Feb. 3, 1774 (No. 157, p. 2). - - On January 17 a handbill signed in the same way had been distributed, - giving notice that any “TEA CONSIGNEES” who should come to reside - again in Boston would be given “such a Reception as such vile Ingrates - deserve.”—_Boston Gazette_, Jan. 17, 1774 (No. 980, p. 3); _Boston - Evening Transcript_, Feb. 27, 1903, p. 14. - -Footnote 109: - - No. 976, p. 3. - -Footnote 110: - - _Boston News-Letter_, Nov. 18, 1773 (No. 3659, p. 2). - -Footnote 111: - - “History of Rhode Island” (1878), II, 308–309. - -Footnote 112: - - No. 761, p. 3. - -Footnote 113: - - _Boston News-Letter_, Jan. 27, 1774 (No. 3669, p. 2); _Massachusetts - Spy_, Jan. 27, 1774 (No. 156, p. 2); _Essex Gazette_, Jan. 25–Feb. 1, - 1774 (No. 288, VI, p. 107); March 1–8, 1774 (No. 293, VI, p. 127); - _Boston Gazette_, Feb. 28, 1774 (No. 986, p. 2); March 14, 1774 (No. - 988, p. 1). For a brief account of the whole affair see S. Roads, Jr.: - “History and Traditions of Marblehead” (1880), pp. 91–94. - -Footnote 114: - - For an account of the doings of mobs in Massachusetts see Frank Moore: - “Diary of the American Revolution” (1875), pp. 37–42. - -Footnote 115: - - John Drayton: “Memoirs of the American Revolution” (1821), I, 273–274. - Frank Moore: “Diary of the Revolution” (1875), pp. 90–91. Edward - McCrady: “South Carolina in the Revolution, 1775–1780” (1901), p. 24. - -Footnote 116: - - John Drayton: “Memoirs of the American Revolution” (1821), II, 17. - -Footnote 117: - - Frank Moore: “Diary of the Revolution” (1875), p. 138. - -Footnote 118: - - Ibid., p. 178. - -Footnote 119: - - Frank Moore: “Diary of the Revolution” (1875), p. 359. - -Footnote 120: - - W. M. Sloane: “The French War and the Revolution” (1893), p. 239. - -Footnote 121: - - “Sketches of the Life and Character of Patrick Henry” (1818), pp. - 232–233. - -Footnote 122: - - Hening’s “Statutes at Large,” X, 195. - - For an account of the measures taken which were not strictly warranted - by law, see L. C. Draper: “King’s Mountain and its Heroes” (1881), pp. - 384–387. - - “An act to indemnify Thomas Nelson, Junior, esquire, late governor of - this commonwealth, and to legalize certain acts of his - administration,” was passed in 1781.—Hening’s “Statutes at Large,” X, - 478. - -Footnote 123: - - _Southern Literary Messenger_, II, 389 (May, 1836). - - This reference comes to the present writer through Mr. J. P. Lamberton - of Philadelphia, Mr. Edward Ingle, the author of “Southern Sidelights” - (See pp. 191–193), and Mr. Albert Matthews. - -Footnote 124: - - The name of one of the younger sons of John Lynch, the founder of - Lynchburg, was William, and Mrs. Cabell says that he was a “Colonel in - the late war.” This William Lynch, however, married in early life and - made his home in the city of Lynchburg. See Mrs. Julia Mayo Cabell: - “Sketches and Recollections of Lynchburg” (1858), p. 20. - - A writer in _Harper’s Magazine_ for May, 1859 (p. 794) refers to a - “Mr. Lynch” who “was for many years the senior and presiding Justice - of the County Court of Pittsylvania.” This writer also says that - Lynchburg was named for this Mr. Lynch, and that his advanced age - prevented him from taking the field during the War of Independence. - This, however, is an account from memory of a story heard when a mere - boy from an old man, and, as there are inaccuracies in several - particulars, it cannot be regarded as reliable. - -Footnote 125: - - Hening’s “Statutes at Large,” XI, 373. - -Footnote 126: - - “Memorable Days in America” (London, 1823), pp. 304, 305. - -Footnote 127: - - See pp. 96–98 for this extract. (M.) - -Footnote 128: - - W. N. Blane: “An Excursion through the United States and Canada, - 1822–1823” (London, 1824), pp. 233–236. - -Footnote 129: - - See pp. 291–292 for this extract. The letters which compose Judge - Hall’s book were mostly printed in _The Port Folio_ between 1821 and - 1825, but the letter in which he speaks of lynch-law first appeared in - the printed volume of 1828. (M.) - -Footnote 130: - - This expression is used in the Illinois agreement of 1820 (see below), - and that document, if genuine, furnishes the earliest instance of its - use known to the present writer. - -Footnote 131: - - This statement is made on the authority of McConnel (see below), but - compare C. J. Latrobe: “Ramble in America,” (N. Y., 1836, 2d ed.), - Let. VII, I, 96. - -Footnote 132: - - J. L. McConnel: “Western Characters or Types of Border Life in the - Western States” (1853), pp. 244–245. (M.) This extract is copied - verbatim, the names of the twelve men being omitted by McConnel. Of - the genuineness of the document McConnel says: “I am not sure that I - can vouch for its authenticity, but all who are familiar with the - history of those times, will recognise, in its peculiarities, the - characteristics of the people who then inhabited this country. The - affectation of legal form in such a document as this would be rather - amusing, were it not quite too significant; at all events, it is - entirely ‘in keeping’ with the constitution of a race who had some - regard for law and its vindication, even in their most high-handed - acts. The technical phraseology, used so strangely, is easily - traceable to the little ‘Justice’s Form Book,’ which was then almost - the only law document in the country; and though the words are rather - awkwardly combined, they no doubt gave solemnity to the act in the - eyes of its sturdy signers.” - -Footnote 133: - - J. L. McConnel: “Western Characters,” &c., p. 176. - -Footnote 134: - - _Niles’ Register_, July 19, 1834 (46: 352). - -Footnote 135: - - The _Liberator_, Nov. 5, 1831 (1: 180). - - The publication of this paper was begun in Boston in 1831, by William - Lloyd Garrison, the enthusiastic agitator of the anti-slavery cause. - His efforts to make his lists of “Southern Atrocities” as large as - possible render his paper a valuable source of information on the - subject of lynch-law, particularly lynch-law as applied to negroes - prior to the Civil War. - -Footnote 136: - - _Liberator_, Oct. 29, 1831 (1: 174). - -Footnote 137: - - Ibid., Oct. 1, 1831 (1: 157). - -Footnote 138: - - Ibid., Dec. 3, 1831 (1: 194). - -Footnote 139: - - For the fullest and, on the whole, most trustworthy account of this - insurrection, see W. S. Drewry: “Slave Insurrections in Virginia” - (1900). This book has been very largely drawn upon for what is here - said on the subject. - - See also, _Liberator_, Oct. 1, 1831 (1: 159); Dec 10, 1831 (1: 198); - Dec. 17, 1831 (1: 202); Dec. 24, 1831 (1: 206). - - See also, _Niles’ Register_, Aug. 27, 1831 (40: 455); Sept. 3, 1831 - (41: 4); Sept. 10, 1831 (41: 19); Sept. 17, 1831 (41: 35); Jan. 7, - 1832 (41: 350). - -Footnote 140: - - See p. 84 in Drewry’s book. - -Footnote 141: - - The slavery question was the subject of prolonged debate at the next - session of the Virginia House of Delegates. See _Niles’ Register_, - Jan. 28, 1832 (41: 393). - - In a speech made during the course of this debate, William H. Broadnax - said: “I have certainly heard, if incorrectly, the gentleman from - Southampton will put me right, that of the large cargo of emigrants - lately transported from that county to Liberia, all of whom - _professed_ to be _willing_ to go, were rendered so by some such - severe ministrations as these I have described. A lynch club—a - committee of vigilance—could easily exercise a kind of inquisitorial - _surveillance_ over any neighborhood, and convert any desired number, - I have no doubt, at any time, into a willingness to be removed.” See - W. L. Garrison: “Thoughts on African Colonization” (1832), p. 74. This - reference comes to the present writer through Mr. W. P. Garrison and - Mr. Albert Matthews. - -Footnote 142: - - See _Niles’ Register_ for the year 1834. - -Footnote 143: - - _Liberator_, Oct. 18, 1834 (4: 168). - - The _New England Magazine_, November, 1834 (7: 409), gives some - comments on the times under the heading “The March of Anarchy.” - -Footnote 144: - - _Liberator_, Sept. 27, 1834 (4: 153). - -Footnote 145: - - Conditions were apparently much like those which existed recently in - Memphis, Tennessee, when a Committee of Public Safety was organized - and a crusade started against gambling. See _New York Times_, July 14, - 1904; July 17, 1904. - -Footnote 146: - - See _Niles’ Register_, July 25, 1835 (48: 363); Aug. 1, 1835 (48: - 381). Also _Liberator_, Aug. 8,1835 (5: 126–7). - -Footnote 147: - - For a brief account of the conspiracy led by Murrell, see _Niles’ - Register_, Aug. 8, 1835 (48: 403–4). A complete account may be found - in the _American Whig Review_, November, 1850 (12: 494); March, 1851 - (13: 213). - -Footnote 148: - - See _Liberator_, Aug. 8, 1835 (5: 126–7). - -Footnote 149: - - The “South-West,” II, p. 185–7. In Mississippi, at this time, eleven - crimes were punishable by death. - -Footnote 150: - - See _Liberator_, Aug. 1, 1835 (5: 123). - -Footnote 151: - - _Boston Advertiser_, Sept. 12, p. 2. - -Footnote 152: - - Similar punishments have been inflicted upon Mormons. Joseph Smith, - Jr., and Sidney Rigdon were tarred and feathered on the night of March - 25, 1832.—See W. A. Linn: “The Story of the Mormons” (1902), pp. - 133–137. - -Footnote 153: - - Issue of Aug. 22, 1835 (48: 439). - -Footnote 154: - - Issue of Sept. 5, 1835 (49: 1). - -Footnote 155: - - See also Harriet Martineau “Society in America” (1837), I, 120, 121, - 122. - -Footnote 156: - - _Niles’ Register_, Oct. 3, 1835 (49: 65). - - For a caustic satire on the “proceedings of Judge Lynch,” see “The - Enemies of the Constitution Discovered,” &c., by Defensor (N. Y., - 1835), pp 48–52. - -Footnote 157: - - _Liberator_, Nov. 21, 1835 (5: 188). - -Footnote 158: - - See _Liberator_, June 8, 1838 (8: 89), for an editorial from the - _Philadelphia Daily Focus_. - -Footnote 159: - - _Liberator_, April 16, 1836 (6: 63). - -Footnote 160: - - _Leisure Hour_, Nov. 24, 1877, p. 750. - -Footnote 161: - - This was Garrison’s view of the matter. See _Liberator_, Aug. 10, 1838 - (8: 127). - -Footnote 162: - - Woodrow Wilson: “Division and Reunion” (Edition of 1898), pp. 115, - 117. - -Footnote 163: - - W. G. Sumner: “Andrew Jackson” (1882), pp. 364–365; pp. 428–429, in - edition of 1899 in American Statesmen series. - -Footnote 164: - - _Liberator_, July 4, 1835 (5: 108). - -Footnote 165: - - See _Niles’ Register_, June 4, 1836 (50: 234). - - Also _Liberator_, May 14, 1836 (6: 79), and May 21, 1836 (6: 83). - - A negro slave was burned to death in a similar way in Arkansas in - November, 1836, for murdering his master and several negroes. See - extract from the _Arkansas Gazette_ in _Niles’ Register_, Dec. 31, - 1836 (51: 275). - -Footnote 166: - - _Liberator_, June 25, 1836 (6: 102). - -Footnote 167: - - “Abraham Lincoln, Works,” I, pp. 9–10. - -Footnote 168: - - F. J. Grund: “The Americans in their moral, social, and political - relations” (London, 1837), I, 323. (M.) - -Footnote 169: - - “Diary in America” (1839), III, 232–233. - -Footnote 170: - - Harriet Martineau: “Retrospect of Western Travel” (1838), I, 236–237. - Marryat: “Diary in America” (1839), II, 201. _Liberator_, Aug. 24, - 1838 (8: 135), &c. - -Footnote 171: - - See Chapter II. - -Footnote 172: - - _Liberator_, Oct. 27, 1837 (7: 174). - -Footnote 173: - - _Niles’ Register_, June 15, 1839 (56: 256). - -Footnote 174: - - _Liberator_, Sept. 14, 1838 (8: 146). - -Footnote 175: - - _Liberator_, March 16, 1838 (8: 44). - -Footnote 176: - - _Liberator_, Feb. 9, 1838 (8: 24). - -Footnote 177: - - This is not wholly in accord with the opinion expressed by Mr. Albert - Matthews in the _Nation_, Dec. 4, 1902 (75: 441), but in a private - letter to the writer Mr. Matthews has accepted this modification. - -Footnote 178: - - See _Liberator_, Dec. 19, 1835 (5: 204). - -Footnote 179: - - Philip Hone: “Diary 1828–1851” (1889), I, 150. (M.) - -Footnote 180: - - See _Niles’ Register_, Oct. 25, 1845 (69: 115). - -Footnote 181: - - Sir Charles Lyell, who was in Macon, Georgia, a short time after this - occurred, gives an account of it in his book, “A Second Visit to the - United States of America” (1850), II, 31–32. - -Footnote 182: - - _Liberator_, Oct. 19, 1855 (25: 168). - -Footnote 183: - - During the period 1830–1860 the word “slick” was occasionally used at - places in the Mississippi Valley, in the same sense as “lynch.” See - _Liberator_, Oct. 3, 1835 (5: 157), and compare _Niles’ Register_, - Oct. 5, 1833 (45: 87). - -Footnote 184: - - _Liberator_, Sept. 14, 1860 (30: 146). - -Footnote 185: - - See _Liberator_, Oct. 2, 1857 (27: 160). - -Footnote 186: - - See _Liberator_, Aug. 24, 1860 (30: 160). - -Footnote 187: - - See _Liberator_, Jan. 18, 1856 (26: 12). - -Footnote 188: - - _Liberator_, Oct. 16, 1857 (27: 167). - -Footnote 189: - - _Liberator_, Sept. 24, 1858 (28: 155). - -Footnote 190: - - _Liberator_, April 3, 1857 (27: 56). - -Footnote 191: - - See _Liberator_, Dec. 19, 1856 (26: 204). It is possibly to this case - that F. L. Olmsted refers in “A Journey in the Back Country” (N. Y., - 1860), pp. 442–443. He says a negro killed his master “a few months - since in Georgia or Alabama”; and “was roasted, at a slow fire, on the - spot of the murder, in the presence of many thousand slaves, driven to - the ground from all the adjoining counties.” - -Footnote 192: - - See H. H Bancroft: “Popular Tribunals” (1887), I, 749. In his two - volumes on “Popular Tribunals” this author presents very forcibly the - arguments and the conditions urged in justification of the acts of - these “Tribunals.” He also exhibits the methods and inner workings of - these organizations. In “Literary Industries” (1890), pp. 655–663, he - tells how he obtained his knowledge of what went on behind the scenes. - - For a somewhat different view of the Vigilance Committee movement in - California, see Josiah Royce: “California” (1886), Chapters IV and V. - - See also, John S. Hittell: “History of the City of San Francisco.” - -Footnote 193: - - Quoted from Bancroft: “Popular Tribunals” (1887), II, 666. - -Footnote 194: - - _New York Tribune_, June 7, 1858, p. 3. - -Footnote 195: - - In a message written by Governor Clarke of Mississippi in 1865, this - passage occurs: “The terrible contest through which the country has - just passed has aroused in every section the fiercest passions of the - human heart. Lawlessness seems to have culminated in the assassination - of Mr. Lincoln.”—Quoted in J. W. Garner’s “Reconstruction in - Mississippi” (1901), p. 59. The message is printed in the _New York - Times_ of June 11, 1865. - -Footnote 196: - - See “Report on the Condition of the South,” No. 261 of Reports of - Committees of House of Representatives for 2d Sess., 43d Cong., - 1874–75. - - See, also, article on “The Southern Question” by Charles Gayarré in - _North American Review_, November and December, 1877 (125: 472). - - For a comprehensive view, briefly stated, of the great social changes - begun in the South during the reconstruction period, see editorial - “The Way Out,” in _Outlook_, Dec. 26, 1903 (75: 984). - -Footnote 197: - - See Reports of Committees of House of Representatives for 2d Sess., - 42d Cong., 1871–72. - -Footnote 198: - - The best apparently reliable source for information as to the - character and purpose of this organization is a little book entitled - “The Ku-Klux Klan,” written by J. C. Lester and D. L. Wilson, and - published at Nashville, Tennessee, in 1884. See also, article “The - Ku-Klux Klan,” signed D. L. Wilson, published in the _Century - Magazine_, July, 1884 (6: 398). - - A less valuable but an interesting book is “K. K. K. Sketches,” by J. - M. Beard, published at Philadelphia in 1877. - - Many writers make incidental reference to the Ku-Klux Klan; for - example, Charles Stearns: “The Black Man of the South and the Rebels” - (1872), Chap. 39; James Bryce: “The American Commonwealth,” II, 479. - - An account of “The Ku-Klux Movement” is given in W. G. Brown’s “Lower - South in American History” (1902). - - Some of the characteristic, possibly exaggerated, features of the - “Ku-Klux Movement” have been presented in fiction. See, for example, - A. Conan Doyle: “Adventures of Sherlock Holmes, The Five Orange Pips” - (1902), p. 104; Thomas Nelson Page: “Red Rock, a chronicle of - Reconstruction” (1898). - -Footnote 199: - - The committee appointed to select a name reported among others the - name “Kukloi,” from the Greek word _kuklos_, meaning a band or circle. - At mention of this some one cried out: “Call it ‘Ku Klux.’” The word - “Klan” at once suggested itself, and was added to complete the - alliteration. It has been said that the society was named in imitation - of the click heard in cocking the rifle, but this seems to be without - foundation in fact. - -Footnote 200: - - See, for example, _Nation_, March 23, 1871 (12: 192); _New York - Times_, Feb. 15, 1871; _New York Times_, Aug. 26, 1873; _New York - Tribune_, July 31, 1878. - -Footnote 201: - - For a list of the “Molly Maguire” outrages in the mining region of - Pennsylvania, and for an exposition of the origin, growth, and - character of that organization, see F. P. Dewees: “The Molly Maguires” - (1877). - -Footnote 202: - - No claim for completeness is made in regard to these statistics. - Particularly in the case of lynchings in the West they are doubtless - incomplete. - -Footnote 203: - - _Outlook_, Dec. 26, 1903 (75: 984). - -Footnote 204: - - Compare the opinion expressed in the _Nation_, Sept. 7, 1876 (23: 145) - on the subject of “intimidation” at the South. In the year 1879, a - “Negro exodus from the Southern States” took place, which, on account - of its size and character, attracted considerable attention. Numerous - reasons were assigned as the cause. See F. L. Hoffman: “Race Traits - and Tendencies of the American Negro.”—Publications of the American - Economic Association, August, 1896 (11: 1); _Nation_, April 10, 1879 - (28: 239, 242); Report and Testimony of the Select Committee of the U. - S. Senate to investigate the causes of the removal of the negroes from - the Southern States to the Northern States, 2d Sess., 46th Cong. - (Washington, 1880). - -Footnote 205: - - It is of interest to note that the Sons of Liberty of the period - 1765–1775 seem to have had a regular organization and that in their - use of disguises and in their methods they were not wholly unlike the - Ku-Klux. - -Footnote 206: - - “Lynching and Mobs,” _American Journal of Social Science_, No. 32, p. - 67 (November, 1894). - -Footnote 207: - - Edward Leigh Pell, writing on “Prevention of Lynch-law Epidemics,” in - the _Review of Reviews_, March, 1898 (17: 321), questions the accuracy - of the _Tribune_ figures for Alabama, Florida, and Virginia in the - year 1897. It is to be noted, however, that he refers to lynchings and - seems to have regarded number of lynchings as synonymous with number - of persons lynched. - -Footnote 208: - - In a recent article, entitled “The Facts about Lynching,” written by - George P. Upton, who for a number of years has been associate-editor - of the _Tribune_, a similar table may be found. [See the - _Independent_, Sept. 29, 1904 (57: 719)]. In this table, however, - there are numerous inaccuracies, and the fact that Mr. Upton does not - discriminate between number of lynchings and number of persons lynched - detracts materially from the value of all of his statistical summaries - on the subject. - -Footnote 209: - - Compare p. 182. - -Footnote 210: - - The negro had escaped from the mob and gone to a neighboring county - where he gave himself up to the authorities for protection. Later, - according to a letter received by the writer from the mayor of the - town where he sought protection, he was taken back by the sheriff and - brought before a justice for a preliminary hearing. The evidence was - considered insufficient to bind him over to the grand jury and he was - released. - -Footnote 211: - - Principally New York City and New Haven, Conn., papers. - -Footnote 212: - - To be strictly accurate the number of lynchings should be taken rather - than the number of persons lynched, but for the purpose of comparison - from year to year the latter may be considered sufficiently exact. See - p. 185. - -Footnote 213: - - Henry M. Boies has shown from the _Tribune_ record of murders that - there has been, within the last twenty years, “an alarming increase of - homicides, accompanied by a proportionate decrease of executions by - law and lynching.”—“Science of Penology” (1901), p. 120. - -Footnote 214: - - See W. S. Drewry: “Slave Insurrections in Virginia” (1900), pp. 22–25. - -Footnote 215: - - The liberty has been taken of coining this word to designate the cause - for lynching the class of individuals known as desperadoes. No other - word seems to express the idea so clearly. The word “brigandage” is - too narrow in meaning and too nearly obsolete; the word “outlawry” is - not sufficiently inclusive and is generally used only in its technical - sense. - -Footnote 216: - - “Statistics and Sociology” (1900), p. 271. - -Footnote 217: - - This may be taken as an indication of the trustworthiness of the - _Tribune_ record of lynchings as a basis for statistical - investigation. - -Footnote 218: - - See p. 164. - -Footnote 219: - - See the daily issues from July 23 to July 27, 1886. - -Footnote 220: - - These figures are taken from the Twelfth Census, where the term - “illiterates” is used to designate all persons ten years of age and - over who can neither read nor write, or who can read but cannot write. - -Footnote 221: - - The figures given by the Twelfth Census were used. The figures of the - Eleventh Census would be more nearly typical for the period under - consideration than those of the Twelfth Census, but a difficulty was - met with in an attempt to use them, owing to the fact that new - counties have been formed since 1890. It was found that counties in - which lynchings have occurred did not appear at all in the Eleventh - Census, and that for the sake of completeness it was necessary to use - the Twelfth Census. - -Footnote 222: - - Alfred Holt Stone, In a paper read before the American Economic - Association in December, 1901, attributed the amicable relations - existing between the whites and the negroes in the Yazoo-Mississippi - delta to the absence of a white laboring class, particularly of field - laborers. In his opinion one of the gravest causes of trouble between - the two races is contact on a common industrial plane.—“Publications - of the American Economic Association,” February, 1902 (3d Ser., Vol. - III, No. 1, p. 235). - -Footnote 223: - - See p. 109. - -Footnote 224: - - _Liberator_, April 19, 1839 (9: 63). - -Footnote 225: - - _Liberator_, April 30, 1836 (6: 72). - -Footnote 226: - - “Diary in America” (1839), III, 226–230. - - For a description of the beginnings of legal procedure in isolated - settlements on the frontier, see “Narrative of the Life of David - Crockett,” written by himself (1843), pp. 132–135. (M.) - -Footnote 227: - - _British and Foreign Review_, 14: 29 (1843). - -Footnote 228: - - Cora Montgomery (Jane M. Cazneau): “Eagle Pass; or Life on the Border” - (1852), pp. 153, 164–167. - - Compare the justification of the frontier type of lynch-law given by - Owen Wister in his recent novel, “The Virginian.” After describing the - lynching of some Wyoming cattle-thieves, and emphasizing the fact that - “many an act that man does is right or wrong according to the time and - place which form, so to speak, its context,” the author puts into the - mouth of “Judge Henry” these words: “They (the ordinary citizens) are - where the law comes from, you see. For they chose the delegates who - made the Constitution that provided for the courts. There’s your - machinery. These are the hands into which ordinary citizens have put - the law. So you see, at best, when they lynch they only take back what - they once gave.... We are in a very bad way, and we are trying to make - that way a little better until civilization can reach us. At present - we lie beyond its pale. The courts, or rather the juries, into whose - hands we have put the law, are not dealing the law. They are withered - hands, or rather they are imitation hands made for show, with no life - in them, no grip. They cannot hold a cattle-thief. And so when your - ordinary citizen sees this, and sees that he has placed justice in a - dead hand, he must take justice back into his own hands where it was - once at the beginning of all things. Call this primitive, if you will, - but so far from being a _defiance_ of the law, it is an _assertion_ of - it—the fundamental assertion of self-governing men, upon whom our - whole social fabric is based.”—pp. 435–436. - -Footnote 229: - - C. A. Murray: “Travels in America” (1839), II, 81. - -Footnote 230: - - Bancroft’s justification of popular tribunals and vigilance societies - has been referred to above. See Chapter IV, p. 133. - -Footnote 231: - - “History of the Negro Race in America” (1883), I, 121, 131. - -Footnote 232: - - See J. A. Tillinghast: “The Negro in Africa and America”—Publications - of the American Economic Association, May, 1902 (3d Ser., Vol. III, - No. 2). This monograph presents an admirable historical perspective of - the native characteristics and of the acquirements of the colored race - in America. - -Footnote 233: - - Fanny Kemble, writing in 1838–39, attributed the “personal - offensiveness” of negroes to dirt and habits of uncleanliness, - asserting that the negroes had no respect for their personal - appearance, and that this lack of respect was due to slavery. In her - journal, these words are found: “The stench in an Irish, Scotch, - Italian, or French hovel are quite as intolerable as any I ever found - in any of our negro houses.” In another connection, however, when - describing a certain negro named Isaac, she refers particularly to his - strong physical resemblance to a monkey, and says that she is much - comforted by the fact that this individual “_speaks_.” See “Journal of - a Residence on a Georgian Plantation” (1863), pp. 23–24, 219. - - In describing “The Negro in General,” Ratzel writes: “The specific, - but hardly definable negro smell is certainly possessed by all, in - varying degrees. Falkenstein refers it to the somewhat more oily - composition of the sweat, which with uncleanly habits easily develops - rancid acids.”—“History of Mankind” (Trans. from 2d German ed. by A. - J. Butler, 1897), II, 315; see also II, 266, 301. - - A practising physician in the city of New Haven, Conn., has assured - the writer that the peculiar odor is again apparent very soon after a - negro patient has been given a bath and a change of clothing. - -Footnote 234: - - Compare statements made in “An Apology for the Short Shrift”—_Saturday - Review_, May 28, 1898 (85: 717). - - The following passage is found in “The Selling of Joseph,” by - Chief-Justice Samuel Sewall, printed in Boston, June 12, 1700, the - first printed protest against slaveholding in Massachusetts: “and - there is such a disparity in their Conditions, Colour & Hair, that - they can never embody with us, and grow up in orderly Families, to the - Peopling of the Land: but still remain in our Body Politick as a kind - of extravasat Blood.”—See “Proceedings of the Massachusetts Historical - Society” for October, 1863 (Vol. 1863–64, p. 161). - -Footnote 235: - - William Wells Brown makes this statement in his book, “The Negro in - the Rebellion,” pp. 361–362. - -Footnote 236: - - Compare the manifestation of race prejudice in South Africa, in - Australia, and in the Philippines. See article “The Negro Problem in - South Africa,” by Arthur Hawkes, _Review of Reviews_, September, 1903 - (28: 325), and the editorial comments on pp. 264–265 of the same - issue. See also, article “Race Prejudice in the Philippines,” by James - A. Le Roy, _Atlantic Monthly_, July, 1902 (90: 100). - -Footnote 237: - - George W. Williams: “History of the Negro Race in America” (1883), II, - 72. - -Footnote 238: - - Evidence for this statement has been presented above. See Chapter IV. - -Footnote 239: - - _Outlook_, Dec. 26, 1903 (75: 984). - -Footnote 240: - - _Outlook_, Dec. 26, 1903 (75: 984). - -Footnote 241: - - _Outlook_, Dec. 26, 1903 (75: 984). - -Footnote 242: - - See p. 200 of monograph “The Negro in Africa and America,” referred to - above. That this crime is of recent origin is either stated or assumed - by almost every writer who discusses the lynching of negroes. See, for - example, article by Thomas Nelson Page in _The North American Review_, - January, 1904 (178: 33). - -Footnote 243: - - From a study of the prison statistics furnished by the United States - census, Professor Walter F. Willcox came to the positive conclusion - that “a large and increasing amount of negro crime is manifested all - over the country.”—See an address on “Negro Criminality,” delivered - before the American Social Science Association, on Sept. 6, - 1899—“Journal of Proceedings,” No. 37, p. 97. - - A like opinion is expressed by many writers. See, for example, - _Forum_, October, 1898 (16: 167); _Outlook_, Oct. 31, 1903 (75: 493); - _Outlook_, Dec. 26, 1903 (75: 984). - -Footnote 244: - - For a number of references on the subject of rape and its punishment, - and also on the subject of burning alive as a legal punishment for - crime, during the colonial period, the writer is indebted to Mr. - Albert Matthews. - -Footnote 245: - - “Acts of Assembly of the Province of Pennsylvania” (1775), pp. 45–46. - - On May 5, 1722, it became the law of Pennsylvania that importers of - servants who have been convicted of rape must pay a duty and enter - security for good behavior for one year.—Statutes at Large of - Pennsylvania, III, 264. - -Footnote 246: - - Colonial Laws of New York, I, 765–766. - - Compare law of Aug. 8, 1688, in the Island of Barbadoes, which - provided that two justices and three freeholders were to “give - sentence of Death upon” negroes, for murder, rape, burning houses, - &c.—Acts of Assembly Passed in the Island of Barbadoes, From 1648, to - 1718 (1721), pp. 140–141. - -Footnote 247: - - Laws of the State of Delaware (1797), I, 102–105. - - By an act passed in January, 1797, thirty-nine lashes well laid on - were added to the punishment for an attempted rape on a white woman or - maid.—Laws of the State of Delaware (1797), II, 1321–1324. - -Footnote 248: - - Laws of Maryland (1799), Chapter XIV. - -Footnote 249: - - See John S. Bassett: “Slavery and Servitude in the Colony of North - Carolina”—Johns Hopkins Historical Studies (1896), XIV, 199. In - Virginia the punishment of castration was so frequently inflicted upon - slaves by the county courts that the Assembly deemed it necessary to - enact that “it shall not be lawful for any county or corporation - court, to order and direct castration of any slave, except such slave - shall be convicted of an attempt to ravish a white woman, in which - case they may inflict such punishment.”—See Hening: “Virginia Statutes - at Large,” VI, 3; VIII, 358; Samuel Sheperd: “Virginia Statutes at - Large” (New Series, 1835), I, 125. - -Footnote 250: - - “Records of the Court of Assistants of the Colony of the Massachusetts - Bay” (J. Noble, 1901), p. 74. - - The following passage is taken from the _Boston Chronicle_, Sept. - 26–Oct. 3, 1768 (No. 42, I, 383): “We hear that a negro fellow was - tried at the Assizes held lately at Worcester, for a rape, and found - guilty, and received sentence of death.—A white man was also tried and - found guilty of the same crime, and sentenced to sit on the gallows.” - -Footnote 251: - - See “Proceedings of the New Jersey Historical Society” (1874), 2d - Series, III, 178. - -Footnote 252: - - See J. R. Brackett: “The Negro in Maryland” (1889), p. 131. - -Footnote 253: - - _Pennsylvania Gazette_, Dec. 14, 1744 (N. J. _Archives_, XII, 244). - -Footnote 254: - - The basis for these statements is a collection of notes on legal - burning alive made by Mr. Albert Matthews. Compare John Fiske: “Old - Virginia and her Neighbours” (1897), II, 265. - -Footnote 255: - - Section LVI of “An Act for the better Ordering and Governing Negroes - and other Slaves in this Province,” dated the 10th day of May, 1740, - reads as follows: “And _whereas_, several negroes did lately rise in - rebellion, and did commit many barbarous murders at Stono and other - parts adjacent thereto; and _whereas_, in suppressing the said rebels, - several of them were killed and others taken alive and executed; and - as the exigence and danger the inhabitants at that time were in and - exposed to, would not admit of the formality of a legal trial of such - rebellious negroes, but for their own security, the said inhabitants - were obliged to put such negroes to immediate death; to prevent, - therefore, any person or persons being questioned for any matter or - thing done in the suppression or execution of the said rebellious - negroes, as also any litigious suit, action, or prosecution that may - be brought, sued or prosecuted or commenced against such person or - persons for or concerning the same; _Be it enacted_ by the authority - aforesaid, That all and every act, matter and thing, had, done, - committed and executed, in and about the suppressing and putting all - and every the said negro and negroes to death, is and are hereby - declared lawful, to all intents and purposes whatsoever, as fully and - amply as if such rebellious negroes had undergone a formal trial and - condemnation, notwithstanding any want of form or omission whatever in - the trial of such negroes; and any law, usage or custom to the - contrary thereof in any wise notwithstanding.”—“Statutes at Large of - South Carolina” (edited by D. J. McCord, 1840), VII, 416–417. - -Footnote 256: - - Instances are recorded where Indians who had committed the crime of - rape on white females were legally dealt with. See “Records of the - Colony of the Massachusetts Bay in New England,” II, 23; “New Haven - Colonial Records” (Hoadly, 1858), p. 543; “Rhode Island Colonial - Records,” II, 420, 427, 428; “Records of the Court of Assistants of - the Colony of the Massachusetts Bay” (J. Noble, 1901), pp. 21–22; - “Plymouth Colony Records,” VI, 98. - -Footnote 257: - - _Niles’ Register_, Dec. 25, 1813 (5: 279). - -Footnote 258: - - _Niles’ Register_, Aug. 25, 1821 (20: 415–416). - -Footnote 259: - - _Niles’ Register_, June 8, 1822 (22: 238). - -Footnote 260: - - _Niles’ Register_, July 13, 1822 (22: 320). - -Footnote 261: - - _Niles’ Register_, Sept, 14, 1822 (23: 18). It was in the year 1741 - that the thirteen blacks were burned at the stake in New York by - judicial decree. - -Footnote 262: - - Additional evidence has been given above in another connection. See - Chapter IV. - -Footnote 263: - - By an act passed the 11th day of May, 1754, power was given the - justice to postpone the trial to such time as he thought proper, owing - to the frequent difficulty of procuring the justice and the - freeholders and the witnesses to attend the trial within the three - days.—“Statutes at Large of S. C.” (edited by D. J. McCord, 1840), - VII, 426–427. - -Footnote 264: - - “Statutes at Large of South Carolina” (edited by D. J. McCord, 1840), - VII, 400–402. It was also provided by this act, which was passed the - 10th day of May, 1740, that an oath for the faithful discharge of duty - be taken by the freeholders when they assembled with the justices for - the trial of prisoners, that the evidence of slaves, without oath, be - admitted against slaves, that for certain offenses certain penalties - be imposed, that compensation be allowed the owners of slaves - executed, that masters and other persons be compelled to give - evidence, that the constables execute or punish slaves according to - the judgments rendered, &c., &c. - -Footnote 265: - - The laws of Pennsylvania, New York, New Jersey, and Delaware have been - cited above. - -Footnote 266: - - “Negro Outrage no Excuse for Lynching”—_Forum_, November, 1893 (16: - 300). - -Footnote 267: - - Walter H. Page: “The Last Hold of the Southern Bully”—_Forum_, - November, 1893 (16: 303). - -Footnote 268: - - “Lynching of Black People because they are Black”—_Our Day_, 13: 298 - (1894). - -Footnote 269: - - The following passage is taken from an editorial in the _Houston_ - (Texas) _Post_ of October 23, 1902: “From the same telegraph pole from - which the two negroes were hanged at Hempstead on Tuesday, a rapist - was hanged less than two months ago. The circumstances of the first - execution were fully known to the victims of the second mob. This - teaches very plainly that lynching does not deter.” - -Footnote 270: - - See “The Epidemic of Savagery,” _Outlook_, Sept. 7, 1901 (69: 9); - also, “The Lynching of Negroes,” by Thomas Nelson Page, _North - American Review_, January, 1904 (178: 33). - -Footnote 271: - - Compare the conclusion arrived at by a Georgia lawyer in an article in - the _Forum_, October, 1893 (16: 176). - -Footnote 272: - - Even such a discriminating and estimable journal as the _Nation_ still - makes use of every possible occasion to preach the rights of man in - general and of the negro in particular, utterly ignoring the question - of capability and responsibility. - -Footnote 273: - - See, for example, J. H. Ingraham: “The South-West” (1835), II, - 185–189. - -Footnote 274: - - See, for example, _Southern Literary Messenger_, March, 1839 (5: 219). - -Footnote 275: - - See _Public Opinion_, Feb. 11, 1893 (14: 448). - -Footnote 276: - - See _Our Day_, May, 1893 (11: 333). - -Footnote 277: - - See Haydn’s “Dictionary of Dates” (1898), p. 681. Also, “The - Cyclopedic Review of Current History” (1894), p. 647. - -Footnote 278: - - The _New York World_ secured “interviews” with nineteen governors on - the subject of the proposed visit of the committee. See _American Law - Review_, November-December, 1894 (28: 904). - -Footnote 279: - - See _Literary Digest_, July 14, 1894. - -Footnote 280: - - See _Independent_, May 16, 1901 (53: 1133). - -Footnote 281: - - See article by Edward Leigh Pell on “Prevention of Lynch-law - Epidemics,” _Review of Reviews_, March, 1898 (17: 321). - -Footnote 282: - - See Georgia Code, 1895, Sections 356–359. - -Footnote 283: - - Public Laws of North Carolina, 1893, ch. 461. - -Footnote 284: - - Georgia Laws, 1895, Part I, Title 7, No. 209. - -Footnote 285: - - Constitution of South Carolina, Section 6, Article 6. This article of - the constitution with additional provisions necessary to make its - operation effective was passed by the legislature in 1896 as “An Act - to Prevent Lynching.” See Acts of South Carolina, 1896, p. 213. - -Footnote 286: - - 92 Ohio Laws 136. In this the original act the amount of damages that - could be recovered was fixed at a certain sum; for assault, “the sum - of $1000,” for suffering lynching “the sum of $500,” &c. In thus - fixing the amount of damages it was said that the legislature had - assumed judicial power and had thus rendered the act unconstitutional. - To remedy this defect, the legislature on April 21, 1898, amended the - act so that the amount of damages that might be recovered should be, - for assault “any sum not exceeding $1000,” for suffering lynching “any - sum not exceeding $500,” &c. See 93 Ohio Laws 161. Being Sections - 4426–4 to 4426–14 of the Revised Statutes. - -Footnote 287: - - 93 Ohio Laws 411. Being Section 6908 of Title I, Part Fourth, Revised - Statutes, Crimes and Offenses. - -Footnote 288: - - Acts of Tennessee, 1897, Chapter 52. This act was approved March 24, - 1897. - -Footnote 289: - - Laws of Kentucky, 1897, Chapter 20. For the amendment and re-enactment - of this law see Laws of Kentucky, 1902, Chapter 25. In the above - résumé of the law nothing has been included from the sections which - were repealed in 1902. - -Footnote 290: - - Laws of Texas, 1897, Chapter 13. This act was approved June 19, 1897. - -Footnote 291: - - Acts of Indiana, 1899, Chapter 218. Being Sections 2065a–2065d, 2065f - of the Revised Statutes (1901). - - By an act approved Feb. 24, 1899, boards of county commissioners in - Indiana are authorized to pay five hundred dollars reward for the - arrest and conviction of a murderer or lyncher.—Acts of 1899, Chapter - 100. - -Footnote 292: - - Acts of Indiana, 1901, Chapter 140. Being Section 2065e of the Revised - Statutes (1901). - -Footnote 293: - - Public Acts of Michigan, 1899, No. 252. Repealed by Public Acts of - Michigan, 1903, No. 26. - -Footnote 294: - - Constitution of Alabama, Section 138. - -Footnote 295: - - Acts of West Virginia, 1903, p. 305; Joint Resolution, No. 12, adopted - Feb. 3, 1903. - -Footnote 296: - - See newspapers of the date Dec. 26, 1902, and subsequent dates. - -Footnote 297: - - Laws of Kansas, 1903, Chapter 407. This act was approved March 10, - 1903. - -Footnote 298: - - Laws of Kansas, 1903, Chapter 221. This act was approved March 11, - 1903. - -Footnote 299: - - As early as the year 1796, this measure was suggested as a means of - preventing the administration of popular justice by extra-legal - methods. In that year Governor St. Clair, in a report to the Secretary - of State concerning “Official Proceedings in the Illinois Country,” - after describing an affair in which some Indians were summarily put to - death, the circumstances of which he characterized as “not only not - blameable but laudable,” continued in these words: “I am sorry - however, to add that, had the affair been ever so criminal in its - nature, it would have been, I believe, impossible to have brought the - actors to punishment. The difficulties that have occurred in cases of - that nature in various parts of the United States, as well as in this - Territory, and the stain it fixes on the national character, has often - led me to consider whether justice could not be secured to the Indians - by adding some sanction to the law beyond what is usual between the - citizens, and it has occurred to me that, were a pretty heavy - pecuniary fine to be set upon the murder of an Indian, and a - proportional one for lesser injuries, to be levied upon the counties - where the offense was committed if the offenders were not brought to - justice, it would probably have the effect, for it is often seen that - the minds of men little tinctured with justice or humanity, have a - pretty strong sympathy with their pockets, and I believe it to be a - subject within the province of the general legislature.”—The St. Clair - Papers (1882), Vol. II, p. 397. - -Footnote 300: - - For the purpose of obtaining accurate and complete information on the - subject of anti-lynching laws the writer asked the following questions - of thirty-three attorneys-general in the United States, inclosing in - each letter a self-addressed and stamped envelope for reply: - - 1. What anti-lynching laws have been enacted in your State since 1890? - (Please give citation to statutes.) If there are no anti-lynching laws - in your State, mention any attempts that have been made to enact such - laws. - - 2. Have any cases been tried under any of such laws or any attempts - been made to that effect, and what has been the record and the outcome - in each case? - - 3. Are such laws effective in any respect? - - Twenty-four replies were received to the thirty-three letters sent, - and upon examination a fact became evident which is probably rather - more than a coincidence—the nine unanswered letters were the ones - which were sent to the attorneys-general of the States, with one - exception, in which the greater number of lynchings have occurred. The - exception is scarcely worth noting, however, because it was a reply - which was very tardy and very non-committal. - -Footnote 301: - - See p. 234. - -Footnote 302: - - Brown _v._ Orangeburg Co., 55 S. C. 45; 32 S. E. 764. The decision of - the Supreme Court was rendered on April 20, 1899. - -Footnote 303: - - See p. 235. - -Footnote 304: - - Mitchell was a negro and was lynched on June 4, 1897, for the crime of - rape. - -Footnote 305: - - Caldwell lost again in the common pleas and circuit courts, and went - no further.—Deputy Clerk of Cuyahoga County in letter to the writer. - -Footnote 306: - - See note, p. 236. The supreme court by this decision upheld the act in - its original form. - -Footnote 307: - - 62 O. S. 318. - -Footnote 308: - - 68 N. E. 899. - -Footnote 309: - - See p. 185. Compare Chart I. - -Footnote 310: - - _New York Times_, Jan. 21, 1904. Governor Sayers of Texas made similar - statements in his annual message to the legislature of Texas on Jan. - 16, 1903. - -Footnote 311: - - _New York Times_, Nov. 3, 1903. - -Footnote 312: - - _New York Times_, Sept. 7, 1903. - -Footnote 313: - - _Richmond_ (Va.) _Planet_, Feb. 14, 1903. - -Footnote 314: - - Governor’s message to the legislature, Jan. 14, 1903. - -Footnote 315: - - _New York Evening Sun_, June 5, 1903. - -Footnote 316: - - After a trial which lasted three months, the first man tried was - acquitted.—_Denver_ (Colo.) _Republican_, Feb. 28, 1902. - -Footnote 317: - - Attorney-general of Wyoming in letter to the writer. - -Footnote 318: - - A woman whose husband was hanged by a mob has recently filed suit - against twenty-six “prominent citizens” of Fleming County, Kentucky, - for $50,000 damages, claiming that they were members of the mob which - lynched her husband.—_New York Times_, July 14, 1904. - -Footnote 319: - - _Chattanooga_ (Tenn.) _Times_, July 27, 1902. It will be remembered - that by the Tennessee act any person guilty of direct or indirect - participation in a lynching was declared to be incompetent to serve on - a jury, and that the court was to carefully exclude all such persons - from both grand and petit juries. See p. 237. - -Footnote 320: - - Despatch from Lewisburg, Tennessee, in _New York Commercial - Advertiser_, Jan. 8, 1903. - - In October, 1903, a grand jury in Moore County, Tennessee, indicted - twenty-two members of a lynching mob.—See _Outlook_, Oct. 24, 1903 - (75: 427). - -Footnote 321: - - _Atlantic Monthly_, February, 1904 (93: 155). - -Footnote 322: - - See bills introduced during 57th Congress, 1st Session: Senate Bill - 1117; House bills 21, 4572. - -Footnote 323: - - _Congressional Record_, 57th Congress, 1st Session, p. 636. - -Footnote 324: - - See _Green Bag_, September, 1900 (12: 466). - -Footnote 325: - - _New York Tribune_, April 15, 1892. - -Footnote 326: - - Some of these indemnities cover loss of property and bodily injuries - as well as loss of life. - -Footnote 327: - - See, in addition to _New York Tribune_, April 15, 1892, United States - Statutes at Large, 49th Cong., 2nd Sess., Ch. 253; 50th Cong., 1st - Sess., Ch. 1210; 54th Cong., 1st Sess., Ch. 373; 55th Cong., 1st - Sess., Ch. 9; 55th Cong., 2d Sess., Ch. 571; 56th Cong., 2d Sess., Ch. - 831; 57th Cong., 2d Sess., Ch. 1006. - -Footnote 328: - - _American Law Review_, September-October, 1900 (34: 709). - -Footnote 329: - - See _Congressional Record_, 57th Congress, 1st Session, pp. 5902–5905, - 5956, 6214. - -Footnote 330: - - _Leslie’s Weekly_, Aug. 20, 1903; _Independent_, Oct. 29, 1903 (55: - 2547). - -Footnote 331: - - See _Harvard Law Review_, March, 1904 (17: 317). - -Footnote 332: - - On the work of the courts in the State of New York, see “Report of the - Commission on Law’s Delays,” January, 1904. - -Footnote 333: - - _Review of Reviews_, March, 1898 (17: 321). - -Footnote 334: - - Governor Newton C. Blanchard, at his inauguration on May 16, 1904, at - Baton Rouge, Louisiana, stated his position with reference to - lynchings in unmistakable language. “Lynchings,” he said, “will not be - permitted under any circumstances, if it be possible for the military - at the command of the Governor to get there in time to prevent them. - And if they occur before the intervention of the Executive can be made - effective, inquiry and investigation will be made and prosecution - instigated. Sheriffs will be held to the strictest accountability - possible under the law for the safety from mob violence of persons in - their custody.... The courts are adequate to the prompt vindication of - the law and the punishment of crime.”—_Outlook_, May 28, 1904 (77: - 197). - -Footnote 335: - - Governor Vardaman ordered out two companies of militia and went - himself to the scene of the trouble in a special train, bringing the - negro away in his private car, at a cost to the State, it was said, of - $250,000. See _New York Times_, Feb. 29, 1904. - -Footnote 336: - - Vigilance and prompt action on the part of the officers of the law, - together with the presence of the militia, probably prevented the - lynching of the three negroes who assaulted Mrs. Biddle at Burlington, - New Jersey, on July 5, 1904.—See _New York Times_, July 16, 1904. - -Footnote 337: - - Governor Jelks, of Alabama, in his message of Jan. 14, 1903, said in - reference to the lynching in Pike County of a negro who was taken away - from a constable: “His offense was probably swearing contrary to one - of his white neighbors in a justice trial on a proof of character. - This was a cold-blooded murder and without excuse at all.... The - murderers go about. None of them will be hanged as they should be.” - -Footnote 338: - - The _News-Observer_, Raleigh, North Carolina, Aug. 27, 1902. - -Footnote 339: - - _American Law Review_, March—April, 1900 (34: 238). - -Footnote 340: - - For a discussion of the problem of punishing lynchers and for some - statistics with reference to the punishment of persons who - participated in lynchings during the first six months of the year - 1892, see paper by George C. Holt, on “Lynching and Mobs,” _American - Journal of Social Science_, No. 32, p. 67 (November, 1894). - -Footnote 341: - - Carroll D. Wright: “Outline of Practical Sociology” (1899), p. 357. - -Footnote 342: - - This view of the matter is ably set forth in the _Green Bag_ for - September, 1900 (12: 466), by O. F. Hershey of the Maryland Bar. - - The same idea is expressed in a different way in an article on - “American Quality,” by N. S. Shaler. See _International Monthly_, - July, 1901. - -Footnote 343: - - Francis J. Grund: “The Americans in their moral, social, and political - relations” (London, 1837), I, 323. (M.) - -Footnote 344: - - Quoted from the _Journal of Jurisprudence_ (Edinborough). See - _American Law Review_, May—June, 1891 (25: 461). - -Footnote 345: - - For a comprehensive discussion of the “native question,” see “A - Sociological View of the ‘Native Question,’” by Albert G. Keller, - _Yale Review_, November, 1903. - -Footnote 346: - - W. E. B. DuBois: “The Souls of Black Folk” (1903), p. 143. - -Footnote 347: - - William Hayne Levell: “On Lynching in the South.”—_Outlook_ Nov. 16, - 1901 (69: 731). - -Footnote 348: - - “Lynching and the Franchise Rights of the Negro,” Annals of the - American Academy of Science, May, 1900 (15: 493). - -Footnote 349: - - On the suggestibility of crowds, see Gustave LeBon: “The Crowd. A - Study of the Popular Mind” (2d ed., 1897). - - See also Boris Sidis: “The Psychology of Suggestion” (1898), Part III. - ------------------------------------------------------------------------- - - - - - TRANSCRIBER’S NOTES - - - 1. Silently corrected obvious typographical errors and variations in - spelling. - 2. Retained archaic, non-standard, and uncertain spellings as printed. - 3. Re-indexed footnotes using numbers and collected together at the end - of the last chapter. - 4. Enclosed italics font in _underscores_. - -*** END OF THE PROJECT GUTENBERG EBOOK LYNCH-LAW *** - -Updated editions will replace the previous one--the old editions will -be renamed. - -Creating the works from print editions not protected by U.S. copyright -law means that no one owns a United States copyright in these works, -so the Foundation (and you!) can copy and distribute it in the -United States without permission and without paying copyright -royalties. 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