,,lynch-,,law ,,an ,,investigation ,,into ,,the ,,history ,,of ,,lynching ,,in ,,the ,,united ,,states ,,by ,,james ,,elbert ,,cutler1 ,,ph4,d4 ,instructor in ,economics in ,wellesley ,college2 sometime ,henry ,c4 ,robinson ,fellow and ,instructor in ,political ,economy in ,yale ,university ,,longmans1 ,,green1 ,,and ,,co4 #ia ,,and #ic ,,fifth ,,avenue1 ,,new ,,york ,,london ,,and ,,bombay #aije ,copyright1 #aije ,by ,,longmans1 ,,green1 ,,and ,,co4 ,all rights reserved ,the ,plimpton ,press ,norwood ,mass4 ,,foreword ,few people are able to read about lynch-executions1 with atrocious forms of torture and cruel death1 such as have occurred from time to time within ten years in this country1 without a feeling of national shame4 ,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 crime4 ,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 wanting4 ,it is not admissible that a self-governing democracy should plead the remissness of its own selected agents as an excuse for mob-violence4 ,it is a disgrace to our civilization that men can be put to death by painful methods1 which our laws have discarded as never suitable1 and without the proofs of guilt which our laws call for in any case whatsoever4 ,it would be a disgrace to us if amongst us men should burn a rattlesnake or a mad dog4 ,the badness of the victim is not an element in the case at all4 ,torture and burning are forbidden1 not because the victim is not bad enough1 but because we are too good4 ,it is on account of what we owe to ourselves that these methods are shameful to us1 if we descend to them4 ,it is evident1 however1 that public opinion is not educated up to this level4 ,the reader of the present book will learn very interesting facts about the causes alleged for lynching1 and about the public view of that crime4 ,many current errors will be corrected1 and many notions which are irrelevant1 although they are popularly believed to be germane and important1 will be set aside4 ,w4 ,g4 ,,sumner4 ,,new ,,haven1 ,,conn41 ,february1 #aije4 ,,preface ,in making this investigation into the history of lynching in the ,united ,states1 my point of view has been that of a student of society and social phenomena4 ,the purpose of the investigation has not been primarily to write the history of lynching1 but to determine from the history the causes for the prevalence of the practice1 to determine what the social conditions are under which lynch-law operates1 and to test the validity of the arguments which have been advanced in justification of lynching4 ,at the present time many positive opinions are held with reference to lynching1 and these are quite at variance one with another4 ,any one who attempts to investigate a subject under such conditions cannot hope to escape criticism2 neither can he hope to have given the subject equal consideration from every standpoint4 ,the most that one can say is that he has pursued the investigation with perfect honesty of purpose and with openness of mind4 ,to this study of the history of lynching ,i have brought no theories to prove and no conscious prejudices to confirm4 ,my first endeavor has been to obtain all the facts possible2 my final endeavor has been to point out the conclusions clearly warranted by such facts4 ,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 material4 ,for some very valuable notes on the early history of lynch-law ,i am indebted to ,mr4 ,albert ,matthews1 of ,boston1 ,massachusetts4 ,of his notes ,i have made free use1 indicating my obligation to him in each instance1 either by the use of the letter 7,m7 or by special mention4 ,six of the chapters have been read by him in the manuscript1 and he has given me much encouragement and kindly criticism during the preparation of these pages for publication4 ,for many valuable suggestions during the prosecution of this study ,i am indebted to members of the ,faculty of the ,social ,sciences of ,yale ,university1 especially to ,professors ,sumner1 ,farnam1 ,bourne1 and ,keller4 ,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 ,august1 #aijd4 ,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 inquiries4 ,the number of requests which have come to hand for copies of this study1 from persons living in various sections of the ,united ,states as well as in ,europe1 and the attention that has been given the subject of lynchings in newspapers and magazines1 indicate a desire on the part of the general public to learn the facts concerning lynchings4 ,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 lynching1 and there is an increasing demand that this summary method of administering justice be suppressed and utterly abolished4 ,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 reader4 ,j4 ,e4 ,c4 ,,contents ,,chapter ,i ,,page ,introduction #a ,,chapter ,,ii ,origin of the ,term ,lynch-law #ac ,,chapter ,,iii ,early ,lynch-law #da ,,chapter ,,iv ,lynch-law #ahcj-ahfj #ij ,,chapter ,v ,the ,reconstruction ,period #acg ,,chapter ,,vi ,lynchings #aee ,,chapter ,,vii ,lynch-law and its ,justification #aic ,,chapter ,,viii ,remedies #bbg ,,chapter ,,ix ,some ,conclusions #bfg ,list of ,periodicals ,cited #bhj ,index #bhb ,,charts ,,facing ,,page ,i4 ,number lynched compared with number legally executed1 #ahhb-aijc #afb ,,ii4 ,number lynched according to months in different sections of the ,u4 ,s41 #ahhb-aijc #afc ,,iii4 ,percentages lynched for various causes by months1 #ahhb-aijc #agj ,,iv4 ,number of ,whites1 ,negroes and ,others lynched according to years1 #ahhb-aijc #aga ,v4 ,number of women 7,whites and ,negroes7 lynched according to years1 #ahhb-aijc #agb ,proportion lynched for various causes1 #ahhb-aijc1 ,women 7,whites and ,negroes74 ,,vi4 ,percentages lynched for various causes by years1 #ahhb-aijc1 ,whites and ,others #agc ,,vii4 ,percentages lynched for various causes by years1 #ahhb-aijc1 ,negroes #agd ,,viii4 ,proportion lynched for various causes1 #ahhb-aijc1 ,whites and ,others #age ,,ix4 ,proportion lynched for various causes1 #ahhb-aijc1 ,negroes #agf ,x4 ,proportion lynched for various causes in ,southern ,states1 #ahhb-aijc1 ,whites and ,others #agg ,,xi4 ,proportion lynched for various causes in ,southern ,states1 #ahhb-aijc1 ,negroes #agh ,,xii4 ,proportion lynched for various causes in ,western ,states1 #ahhb-aijc #agi ,,xiii4 ,proportion lynched for various causes in ,eastern ,states1 #ahhb-aijc #ahj ,,lynch-,,law ,,chapter ,i ,,introduction ,it has been said that our country's national crime is lynching4 ,we may be reluctant to admit our peculiarity in this respect and it may seem unpatriotic to do so1 but the fact remains that lynching is a criminal practice which is peculiar to the ,united ,states4 ,the practice whereby mobs capture individuals suspected of crime1 or take them from the officers of the law1 and execute them without any process at law1 or break open jails and hang convicted criminals1 with impunity1 is to be found in no other country of a high degree of civilization4 ,riots and mob executions take place in other countries1 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 ,states4 ,the frequency and impunity of lynchings in the ,united ,states is justly regarded as a serious and disquieting symptom of ,american society4 ,in general1 it may be said that the practice of summarily punishing public offenders and suspected criminals is found in two distinct types of society3 first1 the frontier type where society is in a formative state and the civil regulations are not sufficiently established to insure the punishment of offenders2 and second1 the type of society which is found in older communities with well established civil regulations1 the people of which are ordinarily law-abiding and conservative citizens4 ,in this second type of society1 recourse to lynch-law procedure may be had either in times of popular excitement and social disruption1 or when there is a contrast in the population such as is to be seen in the ,south between the whites and the negroes1 or against disreputable characters in the community for whose punishment under the law no tangible evidence can be adduced1 or against persons guilty of committing some heinous offense which on account of its atrocity and fiendishness is particularly shocking to the community4 ,in other countries one or more of these conditions has at times existed1 and summary methods of punishment to which lynch-law procedure in the ,united ,states bears a close resemblance have been followed4 ,in the course of the settlement and development of this country1 however1 all of these conditions have existed almost side by side4 ,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 found4 ,at the same time there has been an older1 better settled section of the country1 forming a different type of society1 where1 though the judiciary was well established and the apprehension and punishment of public offenders was well provided for in the law1 circumstances have arisen of such a nature that the regular and legal administration of justice was deemed inadequate or defective1 and was therefore disregarded4 ,as will be made clear in the following pages1 lynch-law has been resorted to in the ,united ,states in times of popular excitement and social disruption2 it has been inflicted upon negroes1 ,indians1 ,italians1 ,mexicans2 it has been inflicted upon disreputable characters2 it has been inflicted upon persons guilty of heinous offenses4 ,the practice of lynching does not prevail in ,canada#a2 nor is a similar practice to be found in ,england1 ,france1 or ,germany4 ,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-thieves4 ,the ,russian law provides only a light punishment for horse-stealing1 and1 since the peasant's horse is almost his only property and is his chief instrument of labor1 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 begin4 ,when a thief is caught1 the common way is for the men of the village to club him to death1 each trying to strike in such a way as to inflict no injury more serious than a bruise4 ,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-thief4 ,there is also a mode of execution whereby the thief is bound hand and foot to a bench or log1 and the women of the village thrust needles and pins into the soles of the victim's feet and other sensitive parts1 until death ensues4#b ,aside from this instance which is found in the loosely organized society of the peasants in the rural districts of ,russia1 nothing like lynch-law can be said to prevail in ,europe4 ,occasionally mobs put persons to death who have committed some brutal and outrageous crime4 ,a newspaper report states that the burgomaster of ,stujhely1 ,hungary1 was lynched in ,november1 #aijb1 for having set fire to his home in which were his wife1 father1 mother1 and three sisters1 all of whom were burned to death4 ,the burgomaster had become angry at the members of his family for some trifling cause1 and his method of revenge so enraged his neighbors that they immediately 8took summary measures and lynched him40#c ,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 pupils1 killing three and dangerously wounding three others4#d ,people in the lower stages of civilization1 such as the ,melanesians1 ,micronesians1 and the inhabitants of the ,guinea ,coast of ,africa1 often have secret societies which take control of important functions1 such as the initiation of young persons arriving at maturity1 or the exaction of penalties for the transgression of customs and traditions4 ,in most cases these societies form an essential part of the state1 holding quite the place of the chief4 ,occasionally they degenerate and create a reign of terror by their extortions and exactions4 ,secret tribunals for thieves and robbers1 like the society of the 8,old ,ox10 have existed in ,china4#e ,such instances1 however1 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 perpetrated4 ,they in no way invalidate the assertion that the practice of lynching is peculiarly an ,american institution4 ,historically some parallels may be cited showing the execution of summary justice under frontier conditions in other countries4 ,in ,brande's ,dictionary of ,science1 ,literature1 and ,art1 published in #ahdb1 it was stated that 8lynch law may be called a democratic imitation of the old feudal ,vehmgerichte40 ,reference was there made to the 8irregular and revengeful species of justice administered by the populace in some parts of the ,united ,states10 evidently meaning the operation of lynch-law on the western frontier at that time4 ,lynch-law in the ,united ,states has never been administered by an organization so perfect and extensive as that of the ,vehmic courts4#f ,the feudal conditions have been lacking which made that organization possible4 ,it is only in its raison d'tre that the frontier type of lynch-law may be compared to the ,vehmic courts4 ,the early settlers in this country felt themselves compelled to resort to summary proceedings as a means of protection2 the civil government was not sufficiently organized and established to insure the punishment of violators of the public peace and security4 ,in the fourteenth and fifteenth centuries utter lawlessness and disregard of authority was prevailing in ,germany1 and for a time the ,vehmic courts afforded some protection against the outrages of the princes and nobles4 ,with the increasing strength of the regular governments1 however1 the need of special protection diminished and these tribunals gradually disappeared4 ,like the ,vehmic courts1 with the establishment of the judiciary and a more effective execution of the laws by the officials1 the administration of lynch-law in the western half of the ,united ,states has declined4 ,the tendency1 it may be noted1 for societies secretly organized for the arbitrary punishment of offenders to pass into the control of the persons against whom they were originally directed1 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 ,states4 ,the proceedings of such societies necessarily awaken distrust and fear among the more quiet in the community1 while the rogues1 whose characters are not yet known1 hasten to obtain admittance1 both as a shield against enemies and a cloak to cover their own misdeeds4 ,soon their vindictive actions and their rascalities excite the indignation of the community2 a counterparty of 8moderators0 must be formed to check the 8regulators02 then begins a deadly struggle for supremacy4 ,such1 in brief1 is the abuse of lynch-law on the frontier4 ,the tyranny of the ,vehmic courts becomes the taking of private vengeance1 the feud and the vendetta1 under lynch-law4 ,the ,vehmic courts1 however1 give no explanation for the presence of lynch-law as an institution in ,american society4 ,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 inefficient4 ,some writers have stated that lynch-law was anciently known in ,england by the name of ,lydford law and ,halifax law1 and that the same thing was known in ,scotland as ,cowper justice and ,jeddart or ,jedburg justice4 ,lydford law is defined in a dictionary of the seventeenth century as 8a certain ,law whereby they first hang a ,man and afterwards indite him40#g ,one of ,grose's ,proverbs reads3 8,first hang and draw1 ,then hear the cause by ,lidford law40 ,westcott1 in his 8,history of ,devonshire10 has preserved some droll verses about the town of ,lydford4 ,the first twelve lines are as follows3 8,i oft have heard of ,lydford law1 ,how in the morning they hange and draw1 ,and sit in judgement after2 ,at first ,i wondered at yt much1 ,but since ,i fynd the reasons such ,as yt deserves no laughter4 8,they have a castle on a hill1 ,i tooke it for an old wyndmill1 ,the vanes blowen off by weather3 ,to lye therein one night1 'tis guest1 ',twere better to be ston'd and prest1 ,or hang'd2 now chuse you whether40#h ,it has been asserted1 therefore1 that 8,lydford law became a proverbial expression for summary punishment without trial40#i ,this1 however1 is going further than the facts will allow1 and is wholly misleading when thus used to show the connection between ,lydford law and lynch-law4 ,it would seem to imply that ,lydford law in ,england was once as well known1 as a name for summary punishment1 as lynch-law has become in this country4 ,as a proverbial expression ,lydford law never came into general use2 it was confined to one section of ,england and never became more than a localism4 ,in another part of ,england a certain summary procedure was known by the name of ,halifax law4 ,in this case there was a trial followed by immediate punishment4 ,the trial was of a summary nature without adequate opportunity of defense1 and the punishment was irrevocable4 ,the name1 ,halifax law1 originated from the so-called gibbet law or custom in the forest of ,hardwick1 coextensive with the parish of ,halifax1 under which the frith burghers summarily tried any one charged with stealing goods to the value of #ac d41 and could condemn him to be beheaded on the market-day4#aj ,cowper justice is defined by ,jamieson to mean 8trying a man after execution2 the same with ,jeddart1 or ,jedburgh justice10 and the latter he defines as 8a legal trial after the infliction of punishment40 ,jeddart justice refers to ,jedburgh1 a ,scotch border town1 where many of the border raiders are said to have been hanged without the formality of a trial4 ,it is said that 8in mockery of justice1 assizes were held upon them after that they had suffered40#aa ,all of these expressions1 however1 were entirely provincial4 ,they were merely different names used to characterize the methods employed in various parts of ,england and ,scotland for executing popular justice4 ,these practices differ from the administration of lynch-law in not dispensing with all regular proceedings4 ,further1 as will appear later1 the death penalty was not at first inflicted under lynch-law2 originally1 lynching was synonymous with whipping4 ,it is impossible1 therefore1 to trace lynch-law back to these medival practices and find in them any explanation for the existence of the practice of lynching in the ,united ,states4 ,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 dictionaries4 ,brande's ,dictionary of ,science1 ,literature1 and ,art 7#ahdb7ab contains the following3 8,lynch ,law4 ,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 ,lynch1 who took the law into his hands on some occasion1 by chasing a thief1 tying him to a tree1 and flogging him with his own hands40 ,a 8,university ,edition0 of ,webster's ,dictionary 7#ahde7 defines 8,lynch-law0 as 8,the practice of punishing men for crime by private1 unauthorized persons1 without a legal trial02 and gives the verb lynch meaning 8to inflict punishment without the forms of law1 as by a mob40 ,worcester's ,dictionary 7#ahdf7 has 8,lynch-law4 ,an irregular and revengeful species of justice1 administered by the populace or a mob1 without any legal authority or trial4 ,brande40 ,for the verb lynch the meaning is given1 8,to condemn and execute in obedience to the decree of a multitude or mob1 without a legal trial2 sometimes practiced in the new settlements in the southwest part of the ,united ,states4 ,qu4 ,rev40 ,in ,webster's ,dictionary 7#ahdh7 8,lynch-law0 is defined as 8,the practice of punishing men for crimes or offenses by private1 unauthorized persons1 without a legal trial4 ,the term is said to be derived from a ,virginia farmer1 named ,lynch1 who thus took the law into his own hands4 7,u4 ,s470#ac ,some important changes are noticeable in the definitions attached to lynch-law forty years later4 ,the ,progressive ,dictionary of the ,english ,language1 edited by ,samuel ,fallows and published at ,chicago in #ahhe1 gives this definition for the verb lynch3 8,to punish without the forms of law2 specifically to hang by mob-law40 ,in a note it is stated that more than one etymology is claimed for the word4 ,john ,s4 ,farmer in his 8,americanisms10 published at ,london in #ahhi1 says the origin of the term lynch-law 8is wrapped in mystery2 many explanations have been put forward2 none1 however1 are conclusive40 ,in ,webster's ,dictionary1 edition of #ahic1 the following definition is found3 8,lynch3 ,to inflict punishment upon1 especially death1 without the forms of law1 as when a mob captures and hangs a suspected person40 ,lynch-law is defined in a general way as 8,the act or practice by private persons of inflicting punishment for crimes or offenses1 without due process of law10 but this note is added3 8,the term ,lynch law is said to be derived from a ,virginian named ,lynch1 who took the law into his own hands4 ,but the origin of the term is very doubtful40#ad ,there are two differences between the definitions formulated in the forties and those formulated in the eighties and in recent years4 ,in the later definitions the operation of lynch-law is described as being much more harsh and severe1 and there is an expression of doubt as to the origin of the term4 ,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 question4 ,the doubt as to the origin probably arose because of the number of stories which have appeared1 all claiming to account for its origin1 and also because of the lack of any careful investigation to determine the question authentically from historical sources4 ,the increased harshness expressed in the definitions is1 of course1 due to the fact that the punishment inflicted under the name of lynch-law has become more severe and inexorable4 ,lynching is now practically synonymous with summary and illegal capital punishment at the hands of a mob4 ,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 severity4 ,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 term4 ,an investigation into the circumstances surrounding its origin will throw considerable light on the early history of lynch-law procedure in the ,united ,states1 and this question will therefore be taken up in some detail4 ,,chapter ,,ii ,,origin ,,of ,,the ,,term ,,lynch-,,law ,many and various explanations of the origin of the term ,lynch's law1 or lynch-law1 have been offered4 ,some of these explanations are evidently nothing more than the offspring of minds fertile in resources2 others have the support of tradition and are entitled to consideration4 ,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 known4 ,to follow back through history the successive outbreaks of such practices is not to discover the origin of 8lynch-law10 the term which has now become so firmly established in the ,english language4 ,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-law4 ,according to one account1 given more or less indorsement in the encyclopedias1 lynch-law owes its name to ,james ,fitzstephen ,lynch1 mayor and warden of ,galway1 ,ireland4 ,he was the famous 8,warden of ,galway0 who tried1 condemned1 and executed his own son in the year #adic4 ,the story is told with varying details4 ,one tradition has it that the mayor sent his son to ,spain to purchase a cargo of wine4 ,the young man squandered the money intrusted to him1 but succeeded in obtaining a cargo on credit from a ,spanish friend of his father4 ,this gentleman's nephew accompanied him on the return voyage to ,ireland where the money was to be paid4 ,young ,lynch1 to conceal his misuse of the money1 caused the ,spaniard to be thrown overboard and returned home in triumph with his cargo of wine4 ,but a sailor1 on his death-bed1 revealed to the mayor of ,galway the crime which his son had committed4 ,the young man was tried before his father1 convicted and sentenced to be hanged4 ,another tradition states that the son of the ,spanish friend of his father was visiting him at his home in ,ireland4 ,this son was fast supplanting him in the affections of a ,galway lady to whom he was engaged4 ,one night1 in a fit of jealous passion1 he stabbed the ,spaniard to the heart and threw his body into the sea4 ,the crime was quickly discovered1 and on being brought before his father for trial he was condemned to die as a sacrifice to public justice4 ,public sympathy1 however1 turned in favor of the young man1 and every effort was made to effect his pardon4 ,the father 8undauntedly declared that the law should take its course40 ,on the way to the place of execution a mob appeared1 led by members of the mother's family1 demanding mercy4 ,the father1 finding that he could not 8accomplish the ends of justice at the accustomed place and by the usual hands10 conducted his son up a winding stairway to a window overlooking the public street4 8,here he secured the end of a rope1 which had been previously fixed around the neck of his son1 to an iron staple which projected from the wall1 and1 after taking from him a last embrace1 he launched him into eternity40 ,the people1 8overawed by the magnanimous act1 retired slowly and peaceably to their several dwellings40 ,in the council books of ,galway there is said to be a minute that 8,james ,lynch1 mayor of ,galway1 hanged his own son out of the window for defrauding and killing strangers1 without martial or common law1 to show a good example to posterity40 ,in commemoration of this 8,roman act of justice10 a stone sculptured with a skull and crossbones was erected in ,lombard ,street1 ,galway1 in #aebd1 and in #ahed was reerected on the wall of ,st4 ,nicholas ,churchyard4#ae ,this 8,galway story0 may be dismissed with but little consideration4 ,howell ,colton ,featherston of the ,lynchburg 7,va47 ,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 name1 and more particularly his name4 ,mayor ,lynch was the legally constituted authority presiding over the tribunal in which his son had had1 presumably1 a fair and regular trial4 ,he merely persisted in executing the laws in the face of popular opposition and tumult4 ,lynch-law has always been considered as operating wholly without1 or in opposition to1 established laws of government4#af ,equally fanciful and fictitious but less romantic is the 8pirate story0 of the origin of the name lynch-law4 ,it is said that about #afhg one ,lynch was sent to this country from ,england under a commission to suppress piracy4 ,he is credited with having faithfully executed1 without the formality of a trial1 every pirate that he captured4 ,it is presumed that owing to the difficulty of adhering to the usual forms of law in the colonies1 this ,judge ,lynch was empowered to proceed summarily against pirates and thus gave rise to the term4#ag ,but whatever the facts may be about the methods employed by this man ,lynch to suppress piracy1#ah there is no evidence to show that they were ever known as ,lynch's law or had any connection whatever with lynch-law4 ,on its etymological side the word lynch has been traced to an old ,anglo-,saxon verb linch1 meaning to beat severely with a pliable instrument1 to chastise or to maltreat1 which is said to have survived in this cognate meaning in ,america1 as have many other words and expressions long obsolete in ,great ,britain4#ai ,for this derivation1 however1 there seems to be no authority4 ,there is no evidence that such a verb 8survived0 in ,america2 nor is there any evidence that such an ,anglo-,saxon verb ever existed4#bj ,according to ,skeat the name ,lynch is from hlinc1 an ,anlgo-,saxon word meaning a ridge of land4#ba ,furthermore1 as was noted in the preceding chapter1 when the word lynch first came into general use1 it was stamped as of ,american origin4#bb ,no ,english lexicographer recognized the terms lynch or lynch-law until #ahdh1 and in #ahdi ,craig gave the verb 8lynch0 as meaning 8to punish summarily without judicial investigation1 as by a mob4--,an ,american word40#bc ,the fact that ,wright's ,english ,dialect ,dictionary 7#aijb7 does not contain the word lynch1 and the further fact that ,murray's ,oxford ,dictionary 7#aijc7 states that the term was originally used in the ,united ,states1 may be regarded as conclusive evidence that the origin of 8lynch-law0 is not to be sought in ,england4 ,there is a tradition in the ,drake family of ,south ,carolina which ascribes the origin of the term to the precipitate hanging1 to prevent a rescue1 of a ,tory named ,major ,beard1 on ,lynch ,creek in ,franklin ,county1 ,north ,carolina4 ,the following account of it is given by ,john ,h4 ,wheeler1 to whom it was communicated by ,hon4 ,b4 ,f4 ,moore1 who received it from the ,drake family3 8,the origin of lynch-law3 ,during the revolution there was a noted tory 444 in that portion formerly called ,bute ,county1 now embraced within the counties of ,franklin and ,nash1 called ,major ,beard4 ,major ,john ,h4 ,drake lived near ,hilliardston2 he and his family were decided whigs4 ,he had a daughter1 beautiful and accomplished1 by whose charms ,beard was captivated2 and the tradition runs1 that the handsome figure and commanding air of ,beard had its effect on the young lady1 notwithstanding the difference in politics between him and her father4 ,on one occasion1 ,beard encamped for the night near a mill on ,swift ,creek4 ,this became known to ,major ,drake and other whigs1 and they organized a force 444 and captured him4444 ,after some consultation it was resolved to take him as a prisoner to headquarters of ,colonel ,seawell1 commanding in camp at a ford on ,lynch ,creek1 in ,franklin ,county1 about twenty miles off4 ,he was tied on his horse and carried under guard4 ,after reaching camp1 it was determined to organize a court-martial1 and try him for his life4 ,but before proceeding to trial1 a report came that a strong body of tories were in pursuit to rescue him2 this created a panic1 for they knew his popularity and power1 so they hung him4 ,the reported pursuit proved a false alarm1 and it being suggested that as the sentence had been inflicted before the judgment of the court had been pronounced1 therefore it was illegal4 ,the body was then taken down1 the court reorganized1 he was tried1 condemned and re-hung by the neck until he was dead4 8,the tree on which he was hung stood not far from ,rocky ,ford1 on ,lynch's ,creek2 and it became a saying in ,franklin1 when a person committed any offence of magnitude1 that #8he ought to be taken to ,lynch ,creek'2 and so the word #8,lynch law' became a fixture in the ,english language40#bd ,in passing1 the resemblance of this affair to ,lydford law rather than lynch-law is to be noted1 and also the fact that ,wheeler1 in his 8,history of ,north ,carolina10 published thirty-three years earlier1 gives an account of the hanging of 8,captain ,beard about #aggh10 but says nothing about its being in any way connected with the origin of the term lynch-law4 ,indeed1 according to this earlier account there was nothing irregular in the proceeding2 he was hung in accordance with the ordinary rules of war4 ,beard and one of his band1 named ,porch1 who had been captured with him1 8were tried by a court-martial and both were forthwith hung4 ,such was the end of ,captain ,beard40#be ,the two accounts vary somewhat1 but there is no room for doubt as to their having reference to the same occurrence4 ,in short1 the 8tradition0 in the ,drake family must have arisen between #ahea and #ahhd4 ,there is no evidence1 further than this statement found in ,wheeler's book1 that 8,lynch law0 became a fixture in the ,english language because of a saying common in ,franklin ,county1 ,north ,carolina1 that any one who committed a grave offense 8ought to be taken to ,lynch ,creek40 ,some evidence has recently been brought forward indicating that lynch-law may have derived its name from ,lynch's ,creek1 ,south ,carolina4#bf ,some extracts from ,boston newspapers in the year #agfh1 dated ,charlestown1 ,south ,carolina1 show the existence of 8,regulators0 at that time1 and mention is made of a meeting that they were to have on ,lynch's ,creek 8where it was expected #a1bjj would be assembled40 ,it is also evident that one of their methods of inflicting punishment was by whipping4 ,one extract states that 8the people called regulators have lately severely chastised one ,lum1 who is come to town2 but we have not yet learnt the real cause of this severity to him40 ,the assertion has been made1 therefore1 that lynch-law derived its name from ,lynch's ,creek1 ,south ,carolina1 because at that place the practice of lynching began4 ,the practice which came to be known as 8regulating0 had its beginning earlier than #agfh1 however1 and this beginning was not in the neighborhood of ,lynch's ,creek4 ,as early as #agff it had begun in ,north ,carolina and had extended from ,granville ,county into ,orange and ,anson counties4 ,up to ,april1 #agfh1 those who had taken part in these proceedings in ,north ,carolina were designated by the appellation of the 8,mob10 and seem to have adopted it themselves4 ,but on ,april #d1 #agfh1 at a general meeting1 they dropped this name and formally adopted the name of 8,regulators40#bg ,when this practice of 8regulating0 was started in ,south ,carolina it was instituted by ,thomas ,woodward1 ,joseph ,kirkland1 and ,barnaby ,pope1#bh who lived in the region between the ,catawba and the ,saluda ,rivers1 and not on the ,pedee or ,lynch's ,creek4 ,thus1 a name--that of 8,regulation10 not 8,lynch ,law10--had been given this practice before it reached the ,pedee section of the ,province4 ,if the conduct of the ,regulators in ,south ,carolina was to give the name to the practice of illegal punishment1 it would have been called1 not 8,lynch ,law10 but 8,broad ,river ,justice0 or 8,savannah ,law40#bi ,no evidence has yet been found which shows any connection between 8,lynch ,law0 and 8,regulation0 at this time4#cj ,alexander ,gregg1 writing of the ,regulator movement in the ,carolinas1 makes the statement3 8,they called themselves #8,regulators'2 and thus #8,lynch law' had its origin at this period40#ca ,dr4 ,r4 ,w4 ,gibbes had written eight years earlier than ,gregg3 8,the ,regulation1 an association of respectable planters1 took the matter in hand1 and enforced order by a system of ,lynch law40#cb ,neither of these writers1 however1 implies that the ,regulation in ,south ,carolina had anything to do with the origin of the term lynch-law4 ,joseph ,johnson1 in a book published in #ahea1 gave a brief account of the ,regulators and ,schofilites4 ,he says1 8the most respectable inhabitants united to inflict summary justice on the depredators and called themselves ,regulators40#cc ,in this connection he does not refer to lynch-law at all4 ,in another connection he writes3 8,this process1 in what is now called #8lynch law1' was then designated #8regulating1' and the associates for this purpose were called #8,regulators4'0#cd ,no reference to lynch-law is to be found in ,ramsay's ,history of the ,revolution in ,south ,carolina which was published in #aghe4 ,both of the accounts given by ,wheeler of the occurrence at ,lynch ,creek1 ,north ,carolina1 referred to above1 imply that the term lynch-law was not in use any time previous to the ,revolutionary ,war4 ,as will appear later1 the terms regulation and lynch-law are not found together until a much later date1 and then they are not used in connection with events in the ,carolinas4 ,still another 8,origin of ,lynch's law0 is given in ,niles' ,register for ,august #h1 #ahce4ce ,an anecdote is related of an occurrence 8in ,washington ,county1 ,pa41 many years ago40 ,a poaching vagabond1 long under suspicion1 was finally detected and told to leave the neighborhood in twenty-four hours on penalty of prosecution4 ,the poacher refused to comply and a party of five or six of his neighbors went to his home and 8proceeded to try him in due form1 choosing one of their number1 a farmer named ,lynch1 to be judge40 ,the judge 8decided that the poacher should be tied up and receive three hundred lashes1 #8well laid on1' and then be given twenty-four hours to leave the place under penalty of receiving three hundred more if found after that time4 ,the first part of the sentence was inflicted on the spot1 with such good intent as to render its repetition unnecessary4 ,the culprit made off as fast as his lacerated limbs would permit him40 ,nothing further is known of this farmer named ,lynch1 who acted as judge at this impromptu trial1 and there is no reason for regarding this incident as in any way connected with the origin of lynch-law4 ,it is merely an instance of recourse to summary procedure against an unpopular individual4 ,it may or may not have been known at the time as punishment by ,lynch's law4 ,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 question4 ,it is to the effect that lynch-law originally had reference to the kind of law administered by ,charles ,lynch1 in ,virginia1 during the latter part of the ,revolutionary ,war4 ,it is needless to recount here all the variations in the stories connecting the origin of lynch-law with the ,lynch family in ,virginia4#cf ,in certain accounts ,charles ,lynch has been confused with his older brother1 ,john ,lynch1 who remained a ,quaker all his life and was the founder of ,lynchburg1 ,virginia4 ,some accounts refer vaguely to a ,virginia farmer1 or planter1 by the name of ,lynch1 whose vigorous methods of punishing wrongdoers gave rise to the term lynch-law4#cg ,haydn's ,dictionary of ,dates 7#ahfj7 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 ,lynch1 a farmer1 who exercised it upon the fugitive slaves and criminals dwelling in the ,dismal ,swamp1 ,north ,carolina1 when they committed outrages upon persons and property which the law could not promptly repress4 ,this story is repeated in the editions of #ahgc and #ahhe1 and is also given in ,harpers' ,popular ,cyclopdia of the ,history of the ,united ,states1#ch and seems to have become generally accepted in ,france4#ci ,it is1 however1 wholly erroneous4 ,the movement for independence had from the first a great many opponents in the mountainous sections of ,virginia1 and there was a considerable number of ,tories in ,bedford ,county1 where ,charles ,lynch lived4#dj ,the unsettled condition of affairs also led many desperadoes to resort to this section of ,virginia4 ,both ,tories and desperadoes harassed the ,continentals and plundered their property with impunity4#da ,the prices paid by both armies for horses made horse-stealing a lucrative practice1 and the inefficiency of the judiciary made punishment practically out of the question4 ,the county courts were merely examining courts in all such cases1 and the single court for the final trial of felonies sat at ,williamsburg1 more than two hundred miles away4 ,to take the prisoners thither1 and the witnesses necessary to convict them1 was next to impossible4 ,frequently the officers in charge of prisoners would be attacked by outlaws and forced to release their men1 or be captured by ,british troops and themselves made prisoners4 ,it was under these circumstances that ,colonel ,lynch conferred with some of his neighbors as to what was best to be done4 ,after deliberation they decided to take matters into their own hands1 to punish lawlessness of every kind1 and so far as possible restore peace and security to their community4 ,for the purpose of attaining these ends they formed an organization with ,mr4 ,lynch at the head4 ,under his direction suspected persons were arrested and brought to his house1 where they were tried by a court composed of himself1 as presiding justice1 and his three neighbors1 ,william ,preston1 ,robert ,adams1 ,jr41 and ,james ,callaway1 sitting as associate justices4 ,the practice of this court was to have the accused brought face to face with his accusers1 permit him to hear the testimony against himself1 and to allow him to defend himself by calling witnesses in his behalf and by showing mitigating and extenuating circumstances4 ,if acquitted1 he was allowed to go1 8often with apologies and reparation40 ,if convicted1 he was sentenced to receive thirty-nine lashes on the bare back1 and if he did not then shout 8,liberty ,forever10 to be hanged up by the thumbs until he did so4 ,the execution of the sentence took place immediately upon conviction4 ,the condemned was tied to a large walnut tree standing in ,mr4 ,lynch's yard and the stripes inflicted--with such vigor1 it is said1 that even the stoutest hearted ,tory shouted for 8,liberty0 without necessitating a resort to further punishment4#db ,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 seize1 for the use of ,cornwallis on his arrival1 the stores that ,lynch had collected for ,greene's army in ,north ,carolina4 ,the conspirator's plans1 however1 became known to ,colonel ,lynch1 tradition says through one of their own number1 and he had them all arrested4 ,in the case of these conspirators1 who were guilty of a treasonable offense1 a more serious situation presented itself4 ,lynch himself was on the point of setting out with his regiment for the east to oppose the ,british under ,benedict ,arnold4 ,it was not wise to inflict the usual punishment and then give the conspirators their freedom again2 neither could he take them as prisoners along with him on the rapid march that he was forced to make4 ,after careful deliberation1 ,colonel ,lynch1 as the presiding justice1 sentenced them to terms of imprisonment varying from one to five years4 ,robert ,cowan1 who had formerly been a fellow justice on the county bench and who seems to have been the ringleader1 was sentenced to a year's imprisonment and a fine of #bj1jjj4dc ,this court1 even though it be considered as still the regular county court1 had clearly transcended its powers2 the ,general ,court alone had jurisdiction in cases of treason4 ,after the war1 therefore1 the ,tories who had suffered at his hands threatened to prosecute ,colonel ,lynch and his friends4 ,to avoid lawsuits and as a means of finally settling the affair1 ,lynch brought the whole matter before the ,virginia legislature4 ,after a lengthy debate1 which1 according to ,mr4 ,page1 8aroused the interest of the whole country10 the following act was passed in ,october1 #aghb3 8,an act to indemnify certain persons in suppressing a conspiracy against this state4 ,i4 ,,whereas divers evil-disposed persons in the year one thousand seven hundred and eighty1 formed a conspiracy and did actually attempt to levy war against the commonwealth2 and it is represented to the present general assembly1 that ,william ,preston1 ,robert ,adams1 junior1 ,james ,callaway1 and ,charles ,lynch1 and other faithful citizens1 aided by detachments of volunteers from different parts of the state1 did1 by timely and effectual measures1 suppress such conspiracy3 ,and whereas the measures taken for that purpose may not be strictly warranted by law1 although justifiable from the imminence of the danger2 ,,ii4 ,,be ,,it ,,therefore ,,enacted1 ,that the said ,william ,preston1 ,robert ,adams1 junior1 ,james ,callaway and ,charles ,lynch1 and all other persons whatsoever1 concerned in suppressing the said conspiracy1 or in advising1 issuing1 or executing any orders1 or measures taken for that purpose1 stand indemnified and exonerated of and from all pains1 penalties1 prosecutions1 actions1 suits1 and damages1 on account thereof4 ,and that if any indictment1 prosecution1 action1 or suit1 shall be laid or brought against them1 or any of them1 for any act or thing done therein1 the defendant1 or defendants may plead in bar1 or the general issue1 and give this act in evidence40#dd 8,the proceedings in ,bedford1 which the legislature thus pronounced to be illegal1 but justifiable1 were imitated in other parts of the ,state1 and came to be known by the name of ,lynch's ,law4 ,in justice to ,colonel ,lynch1 it should be remembered that his action was taken at a time when the ,state was in the throes of a hostile invasion4 ,the ,general ,court1 before which the conspirators should have been tried1 was temporarily dispersed4 ,thomas ,jefferson1 then the governor of the ,state1 was proving himself peculiarly incompetent to fill the position4 ,the whole executive department was in a state of partial paralysis4 ,it was1 therefore1 no spirit of insubordination or disregard of the law that induced ,lynch to act as he did4 ,there were few men living more inclined than this simple ,quaker farmer to render due respect in word and deed to the established authorities40#de ,the old walnut tree on which lynch-law is said to have been first administered was still standing1 in #aijj1df on the lawn of the ,lynch homestead1 two miles from the village of ,lynch ,station on the ,southern ,railway4 ,a part of it was dead but the rest was still vigorous and bore its annual crop of nuts4 ,the death penalty1 however1 was never inflicted under its shadow4 ,some say that the ,quaker proclivities of 8,judge ,lynch0#dg prevented him from passing sentence of death2 others say that it was due to his native sense of humanity4 ,mr4 ,page presents some evidence showing that 8both custom and sentiment were violently opposed to visiting capital punishment upon the detected ,tory conspirators40#dh ,in the determination of origins it is frequently impossible to obtain direct evidence bearing on the point in question4 ,in this case there is direct evidence for connecting the name of ,charles ,lynch with the origin of 8lynch-law40#di ,in #ahag ,judge ,spencer ,roane wrote in a letter to ,william ,wirt3 8,in the year #agib there were many suits on the south side of ,james ,river1 for inflicting ,lynch's law40 ,mr4 ,wirt adds1 in a note explanatory of the words 8,lynch's law10 8,thirty-nine lashes1 inflicted without trial or law1 on mere suspicion of guilt1 which could not be regularly proven4 ,this lawless practice1 which1 sometimes by the order of a magistrate1 sometimes without1 prevailed extensively in the upper counties on ,james ,river1 took its name from the gentleman who set the first example of it40#ej ,though ,wirt does not mention ,charles ,lynch by name1 he does say that the lawless practice 8prevailed extensively in the upper counties on ,james ,river10 and ,charles ,lynch was for years closely identified with the interests of ,campbell#ea and ,bedford counties--two of the upper counties on the ,james ,river4 ,henry ,howe1 in his 8,historical ,collections of ,virginia10 in a section entitled 8,lynch ,law10 says3 8,at that time 7the time of the ,revolution71 this country 7,campbell ,county and vicinity7 was very thinly settled1 and infested by a lawless band of tories and desperadoes4 ,the necessity of the case involved desperate measures1 and ,col4 ,lynch1 then a leading whig1 apprehended and had them punished1 without any superfluous ceremony4 ,hence the origin of the term #8,lynch ,law4' ,this practice of ,lynching continued years after the war1 and was applied to many cases of mere suspicion of guilt1 which could not be regularly proven40#eb ,in a book written a few years later than the above1 ,howe has the following to say on the same subject3 8,the ,lynch ,law1 as it is termed1 originated in ,virginia at the time of the ,american ,revolution1 and was first adopted by ,colonel ,lynch against a lawless band of tories and desperadoes1 who infested the country at the base of the ,blue ,ridge4 ,this plan was afterwards followed in the west1 and its operation was salutary in ridding the country of miscreants whom the law was not strong enough to punish4 ,the tribunal of ,squire ,birch1 as the person who personated the judge was called1 was established under a tree in the woods2 the culprit being usually found guilty was tied to a tree and lashed without mercy1 and then expelled from the country4 ,in general1 #8the regulators' only exercised this law upon the most base and vile characters40#ec ,this account given by ,howe cannot be considered as wholly independent of the influence of ,wirt4 ,in his 8,historical ,collections of ,virginia10 ,howe quotes from ,wirt's book in substantiation of his statement that the 8practice of ,lynching continued years after the war40 ,on the other hand1 however1 the fact that he repeated his assertions in regard to the origin of 8,lynch ,law0 in emphatic terms in his later book1 and therewith described the operation of 8,lynch ,law0 in the west1 is strong evidence that he had other sources of information than ,wirt's book on the matter4#ed ,an account1 entirely independent of any influence from either ,wirt or ,howe1 is found in 8,colonel ,william ,martin's ,narrative of ,frontier ,life10 prepared about #ahdb for ,dr4 ,lyman ,c4 ,draper and now in the ,draper ,,ms4 ,collections in the ,wisconsin ,state ,historical ,society ,library4 ,it is as follows3 8,in those times there were a great many bad men settled along the frontiers who by their thefts annoyed the country greatly4 ,insomuch that the people entered into combinations to suppress them and formed companies called regulators4 ,they formed in military style1 with officers1 etc4 8,they also organized a court and appointed some three or four of their aged1 discreet men judges to try criminal causes1 award punishment1 etc4 ,the company would bring up suspected fellows and the court would try them4 ,but they seldom extended punishment beyond whipping and driving them from the country1 sometimes making them pay for property stolen1 when they had the means4 8,this method of breaking up combinations of rogues was first set on foot by ,col4 ,charles ,lynch1 of ,bedford county1 ,va41 where ,i was raised4 ,he and my father were acquainted4 7,the same man for whom ,lynchburg was named47 ,this plan was started some seventy or eighty years ago4#ee 8,the measure seemed to be called for from the situation of the country at the time4 ,and it has been practiced more or less in the settling of new countries from that time until within a few years past1 since the laws operate with more efficiency4 ,the authorities generally connived at it from the necessity of the case4 ,and perhaps nowhere has it been more common than in ,tennessee4 ,lynch at first punished with thirty-nine stripes1 taking1 as ,i suppose1 ,moses for his model4 ,and this was for a great while called ,lynch's law1 meaning all unlawful whipping4 ,any of the old men now in the ,south and ,west can tell the meaning of ,lynch's law4 8,lynch1 however1 has been improved upon and more severe punishments sometimes inflicted4 ,i have given this feature of ,western history from the presumption that you may not have known it40#ef ,such is the strongest evidence bearing directly on the point under consideration4 ,it is true that ,martin's account1 as well as ,howe's1 was not written until more than forty years after the death of ,charles ,lynch4 ,it is true1 also1 that many stories have referred to a man by the name of ,lynch in ,virginia1 sometimes specifically mentioning ,charles ,lynch or ,colonel ,lynch1 at other times naming some other ,lynch4#eg ,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 ,virginia4 ,furthermore1 since no evidence whatsoever has been found for tracing the beginning of lynch-law to any other member of that family1 it may be said that tradition has thus persistently pointed to ,colonel ,charles ,lynch as the first lyncher4 ,traditions are in general far from trustworthy1 but1 on the other hand1 they usually have some basis in fact4 ,in this case ,wirt's statement gives1 at the very least1 a presumption in favor of the tradition1 which facts to the contrary only can remove4#eh ,the earliest use of the expression 8,lynch's law0 that is known at the present time is this one found in ,wirt's book which was published in #ahah4 ,judge ,roane wrote that there were many suits in the year #agib for inflicting ,lynch's law4 ,from his statement it does not follow that the term ,lynch's law was in use in the year #agib4 ,it does follow1 however1 that the term was at least a localism in ,virginia in the year #ahag4 ,other terms were also in use for summary and illegal punishment in the period #aghj-ahcj4 ,the following appeared in the ,salem ,gazette of ,october #b1 #ahab3 8,people who clamored violently against ,mr4 ,adams' #8gag law' in #8#ii1 see nothing to disapprove in the #8club law' enacted at ,baltimore1 as a substitute for it4--,messenger40#ei ,in the year #ahai two passages entitled 8,summary justice0 appeared in ,niles' ,register4 ,they read as follows3 8,summary justice4--,a tin pedlar at ,easton1 ,pa4 was discovered to have two negro children in his cart4 ,on examination1 one of the little sufferers was found to have been crammed in such a manner1 that his ear was rubbed off6 ,the people indignantly rose and cut off the fellow's ear4 ,i am no advocate for the violation of the laws1 but from my heart ,i can't feel sorry for him4--,village ,recorder40#fj 8,summary justice4 ,after a late extensive fire which happened at ,charleston1 a fellow was found secreting some goods that had been stolen during the calamity4 ,the alternative was offered to him1 whether he would be prosecuted at law1 or suffer punishment on the spot2 he chose the latter1 was tied to a tree1 received fifty lashes well laid on1 and got off clear1 having restored the stolen goods40#fa ,in the year #ahbb ,niles' ,register contained the following3 8,riot4 ,a parcel of ,irish laborers employed in the navy yard at ,charlestown1 lately attempted to rescue some property of one of their fellows out of the hands of the sheriff4 ,the affray was a severe one--but #8club law' did not prevail4 ,captain ,hull exposed himself considerably to quell the riot40#fb ,writing under the date of ,november #bi1 #ahai1 ,w4 ,faux describes an instance of the use of summary methods against an unpopular individual in ,princeton1 ,indiana1 and says3 8,the people of the place deputed four persons to inform him1 that unless he quitted the town and the state immediately1 he should receive ,lynch's law1 that is1 whipping in the woods40#fc ,under the date of ,december #af1 #ahai1 referring to 8the ,rowdies of ,kentucky10 the same author writes3 8,these regulators are self-appointed ministers of justice1 to punish or destroy those whom the law cannot touch40#fd ,on ,july #ag1 #ahbd1 ,niles' ,register published the information that several murders had been committed in ,kentucky 8by persons who called themselves #8regulators4'0#fe ,w4 ,n4 ,blane published in ,london in #ahbd an account of his travels in ,america and described 8the practice of ,regulating0 that then existed in parts of ,kentucky1 ,indiana1 and ,illinois4 ,he tells how the bands of ,regulators were organized and their methods of inflicting punishment1 but does not use the term lynch or lynch-law4#ff ,judge ,james ,hall1 in his 8,letters from the ,west10 published in #ahbh1 uses the following words3 8,no commentator has taken any notice of ,linch's ,law1 which was once the lex loci of the frontier4 ,the citizens formed themselves into a #8regulating company4' ,sometimes the sufferers resorted to courts of justice for remuneration1 and there have been instances of heavy damages being recovered of the regulators40#fg ,it thus appears that summary and illegal methods of punishing offenders were known under various names between #aghj and #ahcj4 ,the term ,lynch's law was not exclusively applied to such practices4 ,the evidence obtainable at present1 therefore1 indicates that at some time between #aghj and #ahag the term ,lynch's law became a localism in ,virginia in the region of the ,james ,river4 ,by the year #ahai it had spread as far west as ,indiana1 and by #ahbh it had become still more widely used but had not superseded all other terms for the popular administration of justice4 ,to the question why or how ,lynch's name came to be attached to this practice1 there is at present no conclusive answer4 ,it may be said that ,colonel ,charles ,lynch was a prominent man in his community1 and when he adopted extra-legal methods of punishing public offenders during the troublous times of the ,revolution1 he no doubt attracted considerable attention to himself1 and thus his name became identified with such practices4 ,it may also be said that the uniqueness of some of his punishments1 such as compelling the ,tories to shout 8,liberty forever10 probably brought his name into prominence with the practice4 ,the fact remains1 however1 that no contemporaneous evidence has yet been discovered which will explain why ,lynch's name came to be applied to the practice4 ,we know definitely only that the form of the expression was at first ,lynch's law1 and that tradition1 supported by all the evidence that we have1 ascribes its origin to ,colonel ,lynch4 ,equally certain it is that ,lynch's law originally signified a whipping for reformatory purposes with more or less disregard for its legality1 and was so used at a time subsequent to the ,american ,revolution and not before that time4 ,evidently the term originated in ,virginia1 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 offenders4 ,this becomes more evident when the early history of the popular administration of punishment in the ,united ,states is taken into account4 ,a consideration of early lynch-law1 or lynch-law down to #ahcj1 constitutes the following chapter4 ,,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 known4 ,in this chapter we are concerned with the practice itself4 ,something of the nature of lynch-law procedure during the ,revolutionary epoch has already become apparent1 but a more detailed investigation into the early history of such procedure will reveal other characteristics4 ,it has been said by some that the first instance of the operation of lynch-law in ,america was in ,december1 #agfc1 at ,paxtang 7now ,harrisburg71 ,pennsylvania4 ,indian scalping parties had been laying waste the settlements with relentless fury1 and the appeals of the settlers to the ,quaker government for help had been treated with contempt4 ,exasperated at the policy pursued by the ,quakers toward the ,indians1 the ,scotch-,irish who had settled in ,lancaster and ,cumberland counties formed several companies of ,rangers to patrol the borders and give protection4 8,about the middle of ,december1 word was brought to the settlers living at ,paxtang1 that an ,indian known to have committed depredations in the vicinity had been traced to ,conestoga4 ,matthew ,smith1 a man of influence and popularity among his associates1 called together a number of the ,paxtang ,rangers1 and led them to the ,conestoga settlement4 ,one of the men saw an ,indian issuing from a house1 and thought that he recognized him as the savage who had killed his own mother4 ,firing his rifle1 he brought the ,indian down4 ,then1 with a loud shout1 the furious mob rushed into the cabins1 and killed all the ,indians whom they found there1 some six in number4 ,fourteen of the ,conestogas managed to escape1 and1 fleeing to ,lancaster1 were given a place of refuge in the county jail4 ,while there1 word was again carried to the ,paxtang men that an ,indian1 known to have murdered the relatives of one of their number1 was among those who had received the protection of the ,lancaster magistrates4 ,this again aroused a feeling of rage and resentment amongst the ,rangers4 ,on ,december #bg1 some fifty of them1 under the leadership of ,lazarus ,stewart1 marched to ,lancaster1 broke open the jail1 and with the fury of a mob massacred every ,indian contained therein1 man1 woman1 and child40#fh ,in connection with this incident it has been suggested that the ,scotch-,irish are to blame for the introduction of lynch-law in ,america2 that they brought with them traditions of the administration of summary justice in ,medival ,scotland1 and1 amidst the perils of the frontier1 quickly resorted to the ancient methods of suppressing violence and depredation4 ,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 hands1 when their rulers failed to provide for them a safe government4 ,it is said that this same self-reliant spirit is exhibited in the 8family feuds of ,kentucky1 which for the most part seem peculiar to families bearing ,scottish names40#fi ,undoubtedly the ,scotch-,irish played an important part in the early history of lynch-law in the ,united ,states4 ,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 part4 ,environmental influences of old had made them pioneers4 ,before coming to this country they had behind them a century of frontier life4 ,their experience in ,ireland1 where the soil was poor and where by reason of the difference in religion they lived apart from1 and often in open hostility to1 the natives1 led them to be self-reliant and self-assertive4 ,their training had thus made them sturdy frontiersmen1 quite the sort to subdue the wilderness and become the founders of a new civilization4 ,amid the vicissitudes incident to settlement in a virgin territory it was often necessary1 as a matter of self-preservation1 to use prompt and decisive measures against depredators4 ,that the early settlers did not always observe 8due process of law0 can scarcely be urged as deserving condemnation4 ,they merely adopted the means which seemed to them the most expedient under the existing circumstances4 ,the adoption of summary measures by ,scotch-,irish ,rangers in ,pennsylvania in #agfc1 however1 does not furnish an isolated instance1 nor indeed the earliest instance1 of the use of such measures against ,indians4 ,the provincial governments were not infrequently called upon to take note of such occurrences in order to preserve amicable relations with the various ,indian tribes1 and considerable difficulty was commonly experienced when the attempt was made to bring to justice white men who had murdered ,indians4 ,in the ,province of ,new ,hampshire in ,june1 #agec1 two white men killed two ,indians who were accused of having carried off two negroes the preceding year4 ,after several months the men were arrested1 indicted for the murder1 placed in the jail at ,portsmouth1 and their trial set for ,march #ba1 #aged4 ,the night previous to the day appointed for the trial a party of their neighbors appeared in ,portsmouth1 broke open the jail and set them free4 8,this outrage produced great excitement in the community--some endeavoring to discover and retake the murderers1 and others favoring their escape4 ,both the murder and the rescue1 however1 were generally justified in the community4 ,and1 although rewards were offered by ,governor ,wentworth for the apprehension of ,bowen and ,morrill1 yet in a short time they went openly about their business1 without fear of molestation1 and the men engaged in breaking the jail at ,portsmouth1 though well known1 were never called to account1 but1 on the contrary1 were considered as having performed a most meritorious act4 ,in fact1 some of the most substantial men in the country were engaged in the rescue1--by act or advice1--and the ,government could not have made an arrest had they made the attempt4 ,presents were afterwards made to the relatives of these ,indians by the ,government of ,new ,hampshire1 and thus the #8blood was wiped away' to the satisfaction of the ,indians40#gj ,in ,may1 #agie1 in the county of ,st4 ,clair in the ,illinois country1 two ,indians were murdered while they were in the custody of the sheriff who was conveying them to jail upon warrant4 ,an effort was made to bring the murderers to justice1 but although 8the most positive evidence was adduced to the grand jury against two persons1 inhabitants of the county of ,st4 ,clair1 that the murder was committed by them10 no bill of indictment was found against them4 ,three attempts were made to secure an indictment from the grand jury1 all of which were unsuccessful4 ,referring to another instance where ,indians were murdered by whites1 which occurred at about the same time but the circumstances of which were 8not only not blameable but laudable10 ,governor ,st4 ,clair wrote1 in his report to the ,secretary of ,state1 8had the affair been ever so criminal in its nature1 it would have been1 ,i believe1 impossible to have brought the actors to punishment40#ga ,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 offenders4 ,in their purpose1 in their organization1 and in their summary infliction of the death penalty1 the ,rangers were not unlike the vigilance committees which have been closely identified with the later operation of the frontier type of lynch-law4 ,in breaking open jails1 and1 as in ,lancaster1 ,pennsylvania1 in massacring inmates against whom there was a strong popular resentment1 or1 as in ,portsmouth1 ,new ,hampshire1 in liberating prisoners whose criminal conduct was generally justified in the community1 there appear some of the distinctive features which have marked the later operation of lynch-law in well settled communities4 ,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 ,indians4 ,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 ,america4 ,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 practice4 ,lynch's law originally corresponded much more closely to what was known as 8regulating10 a practice which was early adopted not only where the frontier type of society existed1 but also where there was the stable and better organized form of society characteristic of older communities4 ,the following appeared in the ,new ,york ,gazette of ,december #ah1 #ageb3 8,we hear from ,elizabeth-,town1 that an odd ,sect of ,people have lately appeared there1 who go under the ,denomination of ,regulars3 there are near a ,dozen of them1 who dress themselves in ,women's ,cloaths1 and painting their ,faces1 go in the ,evening to the ,houses of such as are reported to have beat their ,wives3 where one of them entering in first1 seizes the ,delinquent1 whilst the rest follow1 strip him1 turn up his ,posteriors and flog him with ,rods most severely1 crying out all the ,time1 ,wo to the ,men that beat their ,wives3--,it seems that several ,persons in that ,borough1 7and 'tis said some very deservedly7 have undergone the ,discipline1 to the no small ,terror of others1 who are in any ,way conscious of deserving the same ,punishment4 ',twere to be wish'd1 that in order for the more equal ,distribution of ,justice1 there wou'd arise another ,sect1 under the ,title of ,regulatrixes who should dress themselves in ,mens ,cloathes1 and flagilate the ,posteriors of the ,scolds1 ,termagants1 c41 c40#gb ,in a letter dated ,december #g1 #agec1 8,prudence ,goodwife10 after relating how her husband beats and maltreats her1 writes as follows3 8,my ,case being happily nois'd abroad1 induced several generous young ,men to discipline him4 ,these young ,persons do stile1 or are stiled1 ,regulators3 and so they are with ,propriety3 for they have regulated my dear ,husband1 and the rest of the bad ,ones hereabouts1 that they are afraid of using such ,barbarity2 and ,i must with ,pleasure acknowledge1 that since my ,husband has felt what whipping was1 he has entirely left off whipping me1 and promises faithfully he will never begin again4 ,tho' there are some that are afraid of whipping their ,wives1 for fear of dancing the same ,jigg2 yet ,i understand1 they are not afraid of making ,application1 in order to have those dear ,regulators indicted2 and if they should it might discourage them for the future1 to appear to the ,assistance of the ,innocent and ,helpless2 and then poor ,wives who have the unhappiness to be lockt in ,wedlock with bad ,husbands1 take care of your tender ,hides2 for you may depend upon being bang'd without ,mercy40#gc ,these may be regarded as sporadic cases of 8regulating10 as illustrations of the kind of 8regulating0 which is found in a stable and well organized form of society4 ,they are instances of the infliction of summary corporal punishment upon individuals for whose punishment under the law little tangible evidence can be adduced1 and the nature of whose offense is such that legal penalties are popularly believed to be inapplicable4 ,in ,north ,carolina1 from #agfe to #agga1 under frontier conditions combined with political dissension1 8regulation0 assumed a well-organized form and gained considerable strength4#gd ,the movement was inaugurated in the north-central part of the province to resist what was considered oppressive exactions laid by government officials4 ,specifically1 the grievances were excessive taxes1 dishonest sheriffs1 and extortionate fees4 ,a meeting 8to inquire into the abuse of power and take proper measures for amendment0 was held at ,maddock's mill on ,october #aj1 #agff1 and several resolutions were drafted and adopted4#ge ,nothing was done by the authorities to alleviate the grievances1 however1 and a general meeting was held on ,april #d1 #agfh1 at which the organization into a body of ,regulators was perfected4 ,an agreement was drawn up and the members bound themselves by oath to its observance4 ,this agreement reads as follows3 8,we the subscribers do voluntarily agree to form ourselves into an association1 to assemble ourselves for conference for regulating public grievances and abuses of power1 in the following particulars1 with others of the like nature that may occur4 8#a4 ,that we will pay no more taxes until we are satisfied they are agreeable to law1 and applied to the purposes therein mentioned2 unless we cannot help it1 or are forced4 8#b4 ,that we will pay no officer any more fees than the law allows1 unless we are obliged to it2 and then to show our dislike1 and bear an open testimony against it4 8#c4 ,that we will attend our meetings of conference as often as we conveniently can1 and is necessary1 in order to consult our representatives on the amendment of such laws as may be found grievous or unnecessary2 and to choose more suitable men than we have done heretofore for burgesses and vestrymen2 and to petition the houses of assembly1 governor1 council1 king and parliament1 c41 for redress in such grievances as in the course of the undertaking may occur2 and to inform one another1 learn1 know1 and enjoy all the privileges and liberties that are allowed and were settled on us by our worthy ancestors1 the founders of our present constitution1 in order to preserve it on its ancient foundation1 that it may stand firm and unshaken4 8#d4 ,that we will contribute to collections for defraying necessary expenses attending the work1 according to our abilities4 8#e4 ,that in case of difference in judgment1 we will submit to the judgment of the majority of our body4 8,to all which we solemnly swear1 or being a quaker1 or otherwise scrupulous in conscience of the common oath1 do solemnly affirm1 that we will stand true and faithful to this cause1 till we bring things to a true regulation1 according to the true intent and meaning hereof1 in the judgment of the majority of us40#gf ,as this agreement indicates1 this organization was primarily for the purpose of 8regulating public grievances and abuses of power10 not for the purpose of bringing to justice public offenders beyond the reach of law1 such as horse thieves and desperadoes4 ,their methods of procedure1 however1 closely resembled those that have been adopted by other bands of ,regulators for the purpose of meting out justice to frontier criminals4 ,their favorite method seems to have been to administer whippings4 ,in an intercepted letter from ,rednap ,howell to ,james ,hunter1 both leading ,regulators1 the following passage occurs3 8,i give out here that the ,regulators are determined to whip every one who goes to law1 or will not pay his just debts1 or will not agree to leave his cause to men1 where disputed4 ,that they will choose representatives1 but not send them to be put in jail4 ,in short1 to stand in defence2 and as to thieves1 to drive them out of the country40#gg ,from time to time1 however1 serious disturbances and riots occurred4 ,in ,september1 #aggj1 about #aej ,regulators attacked the superior court which was in session at ,hillsboro1 severely whipped several men who had incurred their enmity1 and destroyed considerable property4 ,new laws were hurriedly enacted by the legislature and the leaders of the riots were arrested1 but the ,regulators were not easily subdued or conciliated4 ,in #agga ,governor ,tryon called out the militia1 and a battle took place between the ,regulators and the militia1 in which the ,regulators were utterly defeated and their organization broken up4 ,each side1 however1 had several men killed and many wounded4 ,a similar attempt at 8regulating0 was made in ,south ,carolina at about the same time4#gh ,the 8,back ,country10 as it was called1 had become infested with robbers and brigands4 ,prior to the year #agfi the only court of criminal and civil jurisdiction in the ,province--except the courts of ,justices of the ,peace1 which had jurisdiction in civil causes as high as twenty pounds current money--8was holden in ,charlestown40 ,this gave practical immunity from punishment to those who were lawlessly inclined in the distant parts of the ,province4 ,as early as the year #ageb1 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 causes4 ,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 ,government4 ,for several years the ,government did not seem to comprehend the real nature of the evils1 or the remedies necessary to be applied4 ,consequently1 there was a very decided opposition between the ,regulators and the ,government4 ,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 #bf1 #agfg1 in an extract from a letter from ,pine ,tree ,hill 7,camden71 dated ,may #ad1 #agfg4 ,it is as follows3 8,on the #fth inst41 a number of armed men1 being in search of ,horse ,stealers1 robbers1 c41 discovered a parcel of them in camp on ,broad ,river1 where an engagement soon ensued1 and the ,thieves were put to flight2 and though none of them were taken1 it is reasonable to suppose1 from the quantity of blood on the ground1 that some of them were killed4 ,they left behind them ten horses1 thirteen saddles1 some guns1 c40#gi ,the ,south ,carolina ,gazette of ,july #bg-;,august #c1 in the same year1 made this statement3 8,the gang of ,villains from ,virginia and ,north ,carolina1 who have for some years past1 in small parties1 under particular leaders1 infested the back parts of the ,southern ,provinces1 stealing horses from one1 and selling them in the next1 notwithstanding the late public examples made of several of them1 we hear are more formidable than ever as to numbers1 and more audacious and cruel in their thefts and outrages4 ',tis reported that they consist of more than #bjj1 form a chain of communication with each other1 and have places of general meeting2 where 7in imitation of ,councils of ,war7 they form plans of operation and defence1 and 7alluding to their secrecy and fidelity to each other7 call their places ,free ,mason ,lodges4 ,instances of their cruelty to the people in the back settlements1 where they rob or otherwise abuse1 are so numerous and shocking1 that a narrative of them would fill a whole ,gazette1 and every reader with horror4 ,they at present range in the ,forks between ,broad1 ,saludy1 and ,savannah ,rivers4 ,two of the gang were hanged last week at ,savannah1 viz41 ,lundy ,hart and ,obadiah ,greenage4 ,two others1 ,james ,ferguson and ,jesse ,hambersam1 were killed when these were taken40#hj ,apparently1 it was for the purpose of breaking up and bringing to justice this 8gang of ,villains0 that ,thomas ,woodward1 ,joseph ,kirkland1 and ,barnaby ,pope 8instituted the ,regulation40#ha ,at any rate1 an organization had been formed in the region surrounding the ,broad ,river1 and1 as early as #agfg1 the members of this organization had come to be known as ,regulators4 ,in an address to both ,houses of ,assembly1 ,november #e1 #agfg1 the ,governor of the ,province1 referring to the 8unhappy situation in the ,back ,parts of this ,country10 made the following statement3 8,the means to suppress those licentious spirits that have so lately appeared in the distant parts of the ,province1 and1 assuming the name of ,regulators1 have1 in defiance of ,government1 and to the subversion of good order1 illegally tried1 condemned1 and punished many persons1 require an attentive deliberation40#hb ,the courts that were asked for by the inhabitants were not established1 however1 and the 8regulation0 continued4 ,the following is taken from the ,south ,carolina ,gazette of ,june #ac1 #agfh3 8,it seems hardly probable that the disturbances in our back settlements will entirely subside1 notwithstanding all the prudent steps that have been taken1 or can be taken1 by the ,government to suppress them1 until the late ,act of the ,general ,assembly of this ,province for establishing ,circuit ,courts1#hc takes effect3 for we daily hear of new irregularities committed by the people called ,regulators1 who1 seeming to despair of rooting out those desperate villains that remain among them any other way1 still take upon themselves to punish such offenders as they can catch4 ,we hear1 that within this month1 one ,watts and one ,distoe1 have received #ejj lashes each by their direction2 and that an infamous woman has also received corporal punishment4 ,we hear1 also1 that one ,john ,bowles has lately lost his life in attempting to take ,mr4 ,woodward1 one of the leaders of the people called ,regulators4 ,according to our account1 ,woodward1 refusing to surrender himself1 ,bowles fired at1 and would have killed him1 but the ball struck the barrel of a gun which he held across his breast1 upon which1 some people in company with ,woodward1 fired1 and killed ,bowles40#hd ,on ,july #be1 the following intelligence was given in the ,south ,carolina ,gazette3 8,the last accounts from the ,back ,settlements say1 that the ,people called the ,regulators were to have a meeting at ,lynche's ,creek1 on last ,friday1 where it was expected #abjj would be assembled4 ,the occasion of this meeting is said to be1 a ,party of them lately having been roughly used by a ,gang of ,banditti1 consisting of ,mulattoes1 ,free ,negroes1 c41 notorious ,harborers of runaway slaves1 at a place called ,thompson's ,creek1 whom they ordered to remove4 ,it is added1 they anxiously wait to hear the fate of the ,act for establishing ,circuit ,courts in this ,province1 sent home for the ,royal approbation1 which1 if it obtains1 will restore good order in those parts40#he ,the ,governor of the ,province1 not understanding the situation in the remote settlements1 made an attempt to enforce order and compel obedience to law by sending an officer with full discretionary power against the ,regulators4 ,the course of events is described by ,ramsay in the following words3 8,the extreme difficulty of bringing criminals from the remote settlements to a legal condemnation had induced a number of men1 who called themselves regulators1 to take the law into their hands4 ,they1 by their own authority1 inflicted corporal punishment on sundry persons without any regular condemnation4 ,to remedy abuses of this kind1 lord ,charles ,greville ,montague1 then governor of the province1 advanced to the rank of colonel a man of low character1 of the name of ,scovil1 and employed him to enforce regular law among these self-constituted regulators4 ,in execution of his commission he adopted severe measures1 which involved multitudes in great distress40#hf ,this ,colonel ,scovil 7or ,schovel--his name is written in various ways71 instead of redressing the grievances on both sides1 armed the depredators and paraded them for battle4 ,before a battle took place1 however1 between the ,regulators and the ,schofilites1 as they were known from the name of their leader1 wiser counsels prevailed and both parties sent delegates to the ,governor asking for his intervention4#hg ,in this way the disastrous results of the conflict in ,north ,carolina between the ,regulators and the ,government were avoided in ,south ,carolina4 ,finally1 the necessity for courts in the interior of the ,province could no longer be denied4 ,the ,royal approval was given1 and in the year #agfi seven new courts1 with suitable jails and court-houses1 were established in different parts of the interior4#hh ,this marked the end of the ,regulation movement in ,south ,carolina4 ,the condition of affairs which had called it into existence had ceased to prevail and the practice of 8regulating0 was1 therefore1 discontinued4 ,a single quotation will conclude all that need here be said in regard to the ,regulation in ,south ,carolina4 ,it is an 8extract of a letter from a ,gentleman at ,pedee1 to his friend in ,town10 and appeared in the ,south ,carolina ,gazette1 ,september #b1 #agfh4 ,it reads as follows3 8,i wish you would inform me what is generally thought in town of the ,regulators1 who now reign uncontrolled in all the remote parts of the ,province4 ,in ,june1 they held a ,congress at the ,congarees1 where a vast number of people assembled2 several of the principal settlers on this ,river1 men of property1 among them4 ,when these returned1 they requested the most respectable people in these parts to meet on a certain day2 they did so1 and1 upon the report made to them1 they unanimously adopted the ,plan of ,regulation1 and are now executing it with indefatigable ardour4 ,their resolution is1 in general1 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 it2 to purge1 by methods of their own1 the country of all idle persons1 all that have not a visible way of getting an honest living1 all that are suspected or known to be guilty of malpractices1 and also to prevent the service of any writ or warrant from ,charlestown2 so that a ,deputy ,marshal would be handled by them with severity4 ,against those they breathe high indignation4 ,they are every day1 excepting ,sundays1 employed in this ,regulation work1 as they term it4 ,they have brought many under the lash1 and are scourging and banishing the baser sort of people1 such as the above1 with universal diligence4 8,such as they think reclaimable1 they are a little tender of2 and those they task1 giving them so many acres to tend in so many days1 on pain of flagellation1 that they may not be reduced to poverty1 and by that be led to steal from their industrious neighbours4 ,this course1 they say1 they are determined to pursue1 with every other effectual measure1 that will answer their purpose2 and that they will defend themselves in it to the last extremity4 ,they hold correspondence with others in the same plan1 and are engaged to abide by and support each other whenever they may be called upon for that purpose4 ,this1 it seems1 they are to continue till ,county ,courts1 as well as ,circuit ,courts1 shall be rightly established1 that they may enjoy1 by that means1 the rights and privileges of ,british subjects1 which they think themselves now deprived of4 ,they imagine that1 as the ,jurisdiction of the ,courts in ,charlestown extends all over the ,province1 ,government is not a protection1 but an oppression2 that they are not tried there by their ,peers2 and that the accumulated expenses of a law-suit1 or prosecution1 puts justice out of their power2 by which means the honest man is not secure in his property1 and villainy becomes rampant with impunity4 8,indeed1 the grievances they complain of are many1 and the spirit of ,regulation rises higher and spreads wider every day4 ,what this is to end in1 ,i know not2 but thus matters are situated2 an account of which1 ,i imagine1 is not unacceptable1 though perhaps disagreeable to hear40#hi ,this letter may be regarded1 upon the whole1 as an impartial account of the ,regulation movement in ,south ,carolina4#ij ,it exhibits the character of those who were taking the lead in the matter1 and indicates the objects which they proposed to accomplish4 ,it also indicates that their usual procedure was to whip and banish all persons whom they considered inimical to the interests of the community4 ,in this respect the ,regulation movement in ,south ,carolina closely resembled the ,regulation movement in ,north ,carolina4 ,it may be said1 therefore1 that lynch-law was in operation at this time in the ,carolinas1 though not known by that name4 ,the practice of administering corporal punishment for reformatory or corrective purposes1 the practice of 8regulating0 public offenders and public grievances1 is the essence of lynch-law procedure4 ,as events shaped themselves for the outbreak of the ,revolution in #agge1 conditions became such as to encourage the frequent use of summary methods of redressing grievances in all of the colonies4 ,the increasing dissatisfaction among the colonists with the way they were being governed by the mother country1 the obnoxious ,stamp ,act and other measures which they thought to be unjustly imposed upon them1 rendered recourse to summary procedure not only easy but popularly justifiable4#ia ,it was a time of excitement when neighbor looked upon neighbor with suspicion and the slightest offense was deemed worthy of severe punishment4 ,social conditions were unsettled2 the civil authorities were fast losing the respect and support of the people in the community2 threats and taunts1 satire and insult1 were prevalent4#ib ,under such conditions it is not strange that summary procedure came to be in vogue from ,maine to ,georgia4 ,furthermore1 during the entire period of the ,revolutionary ,war not only were the usual unsettled conditions incident to a war prevailing1 but1 in addition1 there was disaffection and disagreement among the colonists themselves4 ,almost every community had its ,tories who frequently sought1 openly or secretly1 to further the ,royal cause and injure the ,american cause4 ,in return1 the ,american sympathizers often adopted retaliatory measures against the ,tories4 ,in such cases it was hopeless to appeal to the civil or the judicial powers for they were badly disorganized4 ,not infrequently conditions were such as to preclude action under martial law1 and thus the only recourse possible was the popular administration of justice in the form of summary procedure of one sort or another4 ,particularly characteristic of the ,revolutionary period was the practice of tarring and feathering4#ic ,it has been said that 8this singular punishment0 was begun in ,america by ,british troops who tarred and feathered an inhabitant of the town of ,billerica1 ,massachusetts1 on ,march #i1 #agge4id ,but a number of instances may be cited showing that this punishment had been administered in more than one of the colonies several years earlier4 ,it is probable that many of the early immigrants knew of this manner of punishment before they left their native shores#ie2 at any rate1 they did not wait until #agge for the ,british troops to set them an example4#if ,on ,september #g1 #agfh1 at ,salem1 ,massachusetts1 a 8,custom-,house ,waiter0 informed an officer of the customs that some measures had been taken on board a vessel1 in the harbor to elude the payment of certain duties4 ,this 8engaged the ,attention of a ,number of the ,inhabitants4 ,between the ,hours of ,ten and ,eleven1 ,a4,m4 he was taken from one of the ,wharves1 and conducted to the common1 where his ,head1 ,body and ,limbs were covered with warm ,tar1 and then a large ,quantity of ,feathers were applied to all ,parts4 ,the poor ,waiter was then exalted to a ,seat on the ,front of a ,cart1 and in this ,manner led into the ,main ,street1 where a ,paper1 with the ,word ,informer thereon1 in large ,letters1 was affixed to his ,breast1 and another ,paper1 with the same ,word1 to his ,back4 ,this ,scene drew together1 within a few ,minutes1 several ,hundred ,people1 who proceeded1 with ,huzzas and loud ,acclamations1 through the ,town40#ig ,on ,saturday1 ,september #aj1 #agfh1 8two ,informers1 an ,englishman and a ,frenchman1 were taken up by the ,populace at ,newbury-,port1 7,mass47 who tarred them feathered them2 but being late they were hand-cuffed and put into custody until the ,sabbath was over3--,accordingly on ,monday ,morning1 they were again tarred and rolled in ,feathers1 then fixed in a ,cart with ,halters1 and carried thro' the principal ,streets of the ,town40#ih ,upon his release the ,englishman1 ,joshua ,vickery by name1 went before a justice of the peace and took oath 8that he never did directly or indirectly make or give any ,information to any ,officer of the ,customs nor to any other ,person either against ,capt4 ,john ,emmery1 or any other ,man whatever2 that he was no ways concerned with ,francis ,magno in his ,information1 nor ever wrote one ,line for the said ,francis1 on that ,account40#ii ,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 8,information0 was given4 ,on the evening of ,may #ah1 #agfi1 at ,providence1 ,rhode ,island1 ,jesse ,saville1 8a ,tidesman belonging to the ,custom-,house0 who was accused of 8,informing10 was seized by a number of people1 stripped naked1 covered from head to foot with turpentine and feathers and severely beaten4 8,for the better bringing to ,justice and condign ,punishment the ,authors of this daring atrocious ,outrage1 the ,commissioners of ,his ,majesty's ,customs0 offered a reward of fifty pounds sterling for their discovery and conviction4#ajj ,a similar case of tarring and feathering1 the offender being 8a ,person who had informed against a ,merchant1 respecting a ,vessel then in the ,west-,indies10 occurred in ,new ,haven1 ,connecticut1 in ,september1 #agfi4aja ,in ,new ,york1 in ,october1 #agfi1 8one ,kelly1 an ,oysterman1 ,mitchner1 a ,tavern-keeper1 and one or two more1 having1 it is said1 made an ,information to the ,custom-,house ,officers1 which occasioned the ,seizure of a few ,casks of ,wine belonging to the ,mate of a ,vessel1 and was1 it is said1 the whole ,saving he had made of three ,years ,wages3 ,the ,populace being greatly incensed against the ,informers1 after several ,days ,search1 found and seized them1 placed and tied them in ,carts1 and carried them thro' great ,part of the ,city1 attended with many ,thousand ,people1 who huzza'd1 insulted and treated them with the utmost ,indignity1 often besmearing their ,faces and ,clothes with ,tar1 and sprinkling them with ,feathers4444 ,the ,magistrates interposed1 but were for some ,time unable to stop the ,cavalcade1 till the ,populace had in some ,measure satiated their ,resentment40#ajb ,the ,boston ,chronicle for ,october #bf-cj1 #agfi1ajc contained the following under the heading of 8,boston03 8,last ,saturday evening1 a person suspected to be an informer1 was stripped naked1 put in a ,cart1 where he was first tarred1 then feathered1 and in this condition1 carried through the principal streets of the town1 followed by a great concourse of people40 ,during the year #aggj there was much popular feeling against merchants who imported goods contrary to the non-importation agreement4 ,such importers were threatened with many dire punishments including tar and feathers1 and in several instances the threatened punishments were administered4#ajd ,at ,philadelphia1 in ,october1 #aggc1 a certain ,ebenezer ,richardson1 accused of 8seeking an opportunity to distress the ,trade of ,philadelphia10 was publicly notified1 by 8,tar and ,feathers10 of the punishment which was in store for him1 a punishment which he narrowly escaped by leaving the city 8closely pursued by many well-wishers to peace and good order40#aje ,on ,november #a1 #aggc1 ,john ,malcolm who had rendered himself obnoxious 8by being an ,informer0 was 8genteely ,tarr'd and ,feather'd0 by 8about #cj ,sailors0 at ,pownalborough 7,mass474#ajf ,on ,january #be1 #aggd1 ,malcolm was in ,boston1 and when some taunting remarks were made to him to the effect that he had been tarred and feathered but not in the proper manner1 he dared any one to do it better and assaulted one man1 slightly injuring him4 ,in the evening a number of people took ,malcolm out1 stripped him1 tarred his head and his body1 feathered him1 set him in a chair in a cart1 and thus carried him through the streets1 finally whipping and beating him before they let him go4#ajg ,on the morning of ,january #cj the following handbill#ajh was found pasted up in the most public places3 ,,brethren1 ,,and ,,fellow-,,citizens6 ,this is to ,certify1 ,that the modern ,punishment lately inflicted on the ignoble ,,john ,,malcolm1 was not done by our ,order--,we reserve that ,method for bringing ,villains of greater ,consequence to a ,sense of ,guilt and ,infamy4 ,,joyce1 junr4 7,chairman of the ,committee for ,taring and ,feathering47 ,if any ,person should be so hardy as to tear this down1 they may expect my severest ,resentment4 ,j4 jun4 ,during the years #aggc and #aggd tea commissioners and tea consignees1 in addition to customs informers and importers of ,british goods1 fell into popular disfavor1 and thus became subjects for tarring and feathering4 8,tiewaghnodago0 in the ,boston ,gazette1 ,december #bj1 #aggc1aji said that he had been informed that 8some little ,shopkeepers in this ,town10 finding that tea was not likely to be used1 had raised the price of coffee a few coppers per pound1 and he asked 8whether ,tar and ,feathers would not be a constitutional encouragement for such eminent ,patriotism40 ,in the period #agfe-agge there were likewise cases of mob violence where houses were attacked and damaged by having missiles thrown at them and where property was destroyed4#aaj ,in one instance at least the owner of goods which were destroyed by a mob recovered damages in the courts4 ,early in the year #aggb1 according to ,s4 ,g4 ,arnold1#aaa there occurred 8a memorable instance of the triumph of law over popular prejudice40 ,one ,david ,hill was detected in selling goods included in the non-importation agreement1 and the goods were seized and destroyed by a mob4 ,hill brought action in the ,rhode ,island courts1 and the superior court confirmed the judgment of the inferior court and gave the plaintiff two hundred and eighty-two pounds damages and costs4 ,tarring and feathering was not reserved for certain informers and importers or for tea consignees alone1 however4 ,this punishment was administered in at least two instances for offenses other than those growing out of the political controversies of the time4 ,the ,boston ,gazette for ,november #f1 #agfi1aab contained the following item3 8,last ,thursday ,afternoon a young ,woman from the ,country was decoyed into one of the ,barracks in ,town1 and most shamefully abused by some of the ,soldiers there3--the ,person that enticed her thither with promises of disposing of all her marketing there 7who also belonged to the ,country7 was afterwards taken by the ,populace and several times duck'd in the ,water at one of the ,docks in ,town2 but luckily for him he made his escape from them sooner than was intended2--however1 we hear1 that after he had crossed the ,ferry to ,charlestown1 on his return home1 the ,people there being informed of the base part he had been acting1 took him and placed him in a ,cart1 and after tarring and feathering him 7the present popular ,punishment for modern delinquents7 they carted him about that ,town for two or three ,hours1 as a ,spectacle of ,contempt and a ,warning to others from practising such vile ,artifices for the ,delusion and ,ruin of the virtuous and innocent3 ,he was then dismissed1 and permitted to proceed to the ,town where he belonged1 for them to act with as they should see fit40 ,in ,january1 #aggd1 smallpox became prevalent in ,marblehead1 ,massachusetts1 and an inoculating hospital was erected on ,cat ,island as a private enterprise4 ,this hospital1 however1 was popularly regarded with suspicion and disfavor1 for it was thought to be a source of contagion4 ,when four men were detected in the act of stealing clothing from the hospital1 they were promptly tarred and feathered1 and1 after being placed in a cart and exhibited through the principal streets of the town1 were carried to ,salem1 accompanied by a procession of men and boys1 marching to the music of a fife and several drums4 ,a number of new cases of smallpox developed soon after this affair1 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 doors4 ,subsequently a rumor that the hospital was to be opened again awakened fresh opposition1 and on ,january #bf a party of disguised men visited the island1 and as a result of their visit the building was completely destroyed by fire4 ,two men were arrested as being implicated in the incendiarism and were confined in the ,salem jail1 but a large number of men from ,marblehead marched to ,salem1 surrounded the jail1 broke open the doors1 overpowered the jailer and his assistants1 released the two prisoners and conducted them home in triumph4 ,a force of citizens was later organized by the sheriff for the purpose of going to ,marblehead to recapture the men1 but when it became known that an equally large force was organizing and arming in ,marblehead to protect them1 the sheriff abandoned his purpose and no further effort was made to prosecute the incendiaries4 ,before the trouble connected with the hospital was finally ended1 however1 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 ,island4 ,he was taken from his bed one night by a mob and carried to the public whipping-post where he was severely whipped and beaten4#aac ,during the year #agge1 when the spirit of rebellion rose to the height of armed resistance and open warfare1 there was increased occasion for recourse to summary procedure4 ,in that year mobs gathered in many places1#aad riots were numerous and cases of tarring and feathering occurred in several of the colonies4 ,in ,june1 #agge1 ,laughlin ,martin and ,james ,dealy were stripped of their clothes1 tarred and feathered1 and carted through the ,streets of ,charleston1 ,south ,carolina1 by order of the 8,secret ,committee10 one of the committees which had been formed to carry on an independent government in that ,province4#aae ,in ,august of the same year1 this committee had another man1 8a ,mr4 ,walker1 ,gunner of ,fort ,johnston10 treated in the same way4#aaf ,in ,september1 #agge1 ,james ,smith1 a judge of the ,court of ,common ,pleas for ,duchess ,county1 ,new ,york1 together with ,coen ,smith of the same place1 were 8handsomely tarred and feathered0 for acting in open contempt of the resolves of the ,county ,committee4 8,the judge undertook to sue for1 and recover the arms taken from the ,tories by order of said committee1 and actually committed one of the committee1 who assisted at disarming the ,tories1 which enraged the people so much1 that they rose and rescued the prisoner1 and poured out their resentment on this villanous retailer of the law40#aag ,in ,december1 #agge1 8at ,quibbletown1 ,new ,jersey1 ,thomas ,randolph1 cooper1 who had publicly proved himself an enemy to his country1 by reviling and using his utmost endeavors to oppose the proceedings of the continental and provincial conventions1 in defence of their rights and liberties2 and being judged a person not of consequence enough for a severer punishment1 was ordered to be stripped naked1 well coated with tar and feathers1 and carried in a wagon publicly around the town--which punishment was accordingly inflicted4 ,as soon as he became duly sensible of his offence1 for which he earnestly begged pardon1 and promised to atone1 as far as he was able1 by a contrary behavior for the future1 he was released and suffered to return to his home1 in less than half an hour4 ,the whole was conducted with that regularity and decorum that ought to be observed in all public punishments40#aah ,in the later years of the ,revolution1 also1 there were cases of tarring and feathering4 ,at ,charleston1 ,south ,carolina1 in #aggf1 8,john ,roberts1 a dissenting minister1 was seized on suspicion of being an enemy to the rights of ,america1 when he was tarred and feathered2 after which1 the populace1 whose fury could not be appeased1 erected a gibbet on which they hanged him1 and afterwards made a bonfire1 in which ,roberts1 together with the gibbet1 was consumed to ashes40#aai ,during the campaign of ,april to ,december1 #aggf1 for the possession of the ,hudson ,river1 ,tryon1 who when governor of ,north ,carolina had led the militia against the ,regulators1 was 8fomenting plots of a most dastardly character against the persons and property of patriots4 ,one of these was the seizure of ,washington himself4 ,the plotters were sometimes discovered1 and1 when they were1 such was the exasperation of the ,new ,york patriots that they did not hesitate to cruelly maltreat them1 a coat of tar and feathers being among the lightest penalties40#abj ,in ,virginia the manner of punishing by tarring and feathering was likewise sometimes followed4 ,according to ,wirt1 8,the name of #8,british tory' was of itself enough1 at that period 7the close of the ,revolution71 to throw almost any company in ,virginia into flames1 and was pretty generally a signal for a coat of tar and feathers2 a signal which was not very often disobeyed40#aba ,the practice of tarring and feathering was thus mainly confined to cases in which popular indignation was aroused against ,tories1 or against persons expressing ,tory sentiments and conspiring to injure the ,american cause4 ,it is this fact that makes tarring and feathering particularly characteristic of ,revolutionary times4 ,it is to be remembered1 however1 that summary punishment was also administered in other ways4 ,various other forms of corporal punishment1 as well as the occasional infliction of capital punishment1 were very frequently adopted during the period of the ,revolution4 ,in the preceding chapter1 in the discussion of the origin of the term lynch-law1 the legislative act was cited which indemnified ,charles ,lynch and some others for the part which they had taken in suppressing a conspiracy4 ,a similar act of indemnification was passed by the legislature of ,virginia in the year #aggi4 ,this act reads as follows3 8,,whereas divers evil disposed persons on the frontiers of this commonwealth had broke out into an open insurrection and conspiracy1 and actually levied war against the commonwealth1 and it is represented to the present general assembly1 that ,william ,campbell1 ,walter ,crockett1 and other liege subjects of the commonwealth1 aided by detachments of the militia and volunteers from the county of ,washington1 and other parts of the frontiers did by timely and effectual exertion1 suppress and defeat such conspiracy3 ,and whereas the necessary measures taken for that purpose may not be strictly warranted by law1 although justifiable from the immediate urgency and imminence of the danger3 ,be it therefore declared and enacted1 ,that the said ,william ,campbell1 ,walter ,crockett1 and all other persons whatsoever concerned in suppressing the said conspiracy and insurrection1 or in advising1 issuing or executing any orders or measures taken for that purpose1 stand indemnified and clearly exonerated of1 and from all pains1 penalties1 prosecutions1 actions1 suits1 and damages on account thereof3 ,and that if any indictment1 prosecution1 action1 or suit1 shall be laid or brought against them1 or any of them1 for any act or thing done therein1 the defendant or defendants may plead in bar1 or the general issue1 and give this act in evidence40#abb ,in the year #ahcf 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 law4 ,after an allusion to the historical interest of the subject1 he answered the inquiry in the following words3 8,it will be perceived from the annexed paper1 that the law1 so called1 originated in #aghj1 in ,pittsylvania1 ,virginia4 ,colonel ,william ,lynch1 of that county1 was its author2 and we are informed by a resident1 who was a member of a body formed for the purpose of carrying it into effect1 that the efforts of the association were wholly successful4 ,a trained band of villains1 whose operations extended from ,north to ,south1 whose well concerted schemes had bidden defiance to the ordinary laws of the land1 and whose success encouraged them to persevere in depredations upon an unoffending community1 was dispersed and laid prostrate under the infliction of ,lynch's law4 ,of how many terrible1 and deeply to be lamented consequences--of how great an amount of permanent evil--has the partial and temporary good been productive6 8#8,whereas1 many of the inhabitants of the county of ,pittsylvania1 as well as elsewhere1 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 property1 by stealing their horses1 counterfeiting1 and passing paper currency1 and committing many other species of villainy1 too tedious to mention1 and that those vile miscreants do still persist in their diabolical practices1 and have hitherto escaped the civil power with impunity1 it being almost useless and unnecessary to have recourse to our laws to suppress and punish those freebooters1 they having it in their power to extricate themselves when brought to justice by suborning witnesses who do swear them clear--we1 the subscribers1 being determined to put a stop to the iniquitous practices of those unlawful and abandoned wretches1 do enter into the following association1 to wit3 that next to our consciences1 soul and body1 we hold our rights and property1 sacred and inviolable4 ,we solemnly protest before ,god and the world1 that 7for the future7 upon hearing or having sufficient reason to believe1 that any villainy or species of villainy having been committed within our neighborhood1 we will forthwith embody ourselves1 and repair immediately to the person or persons suspected1 or those under suspicious characters1 harboring1 aiding1 or assisting those villains1 and if they will not desist from their evil practices1 we will inflict such corporeal punishment on him or them1 as to us shall seem adequate to the crime committed or the damage sustained2 that we will protect and defend each and every one of us1 the subscribers1 as well jointly as severally1 from the insults and assaults offered by any other person in their behalf3 and further1 we do bind ourselves jointly and severally1 our joint and several heirs c4 to pay or cause to be paid1 all damages that shall or may accrue in consequence of this our laudable undertaking1 and will pay an equal proportion according to our several abilities2 and we1 after having a sufficient number of subscribers to this association1 will convene ourselves to some convenient place1 and will make choice of our body five of the best and most discreet men belonging to our body1 to direct and govern the whole1 and we will strictly adhere to their determinations in all cases whatsoever relative to the above undertaking2 and if any of our body summoned to attend the execution of this our plan1 and fail so to do without a reasonable excuse1 they shall forfeit and pay the sum of one hundred pounds current money of ,virginia1 to be appropriated toward defraying the contingent expenses of this our undertaking4 ,in witness whereof we have hereunto set our hands1 this #bb;d day ,september #aghj4'0abc ,the only indication of the source from which the editor obtained this agreement is found in the reference to 8a resident1 who was a member of a body formed for the purpose of carrying it into effect40 ,it is upon this reference that its authenticity depends4 ,the agreement sounds genuine and is not out of harmony with the condition of affairs at that time in ,virginia4 ,nothing is known1 however1 of any ,colonel ,william ,lynch in the county of ,pittsylvania1 ,virginia4#abd ,it is possible that the man referred to was ,colonel ,charles ,lynch of ,bedford ,county4 ,an instance of summary corporal punishment occurred in ,virginia on ,october #aj1 #aghc1 as is shown by the following act entitled 8,an act of indemnity to certain persons03 8,be it enacted by the ,general ,assembly1 ,that all and every person or persons who either directly or indirectly committed any insult or injury against the person of a certain ,joseph ,williamson1 on the tenth day of ,october1 in the year one thousand seven hundred and eighty three1 or breach of the peace on that occasion1 and which was previous to the ratification of the definitive treaty between ,great ,britain and ,america1 shall be1 and they are hereby respectively indemnified for the same1 and shall be exonerated and discharged of and from any fines1 penalties1 or forfeitures1 which they might have incurred thereby40#abe ,judge ,roane's statement that there were many suits in #agib for inflicting ,lynch's law indicates that there were many cases of its infliction in the years preceding that date4 ,it seems probable1 therefore1 that the practice of administering corporal punishment in a summary manner was very prevalent in ,virginia from #aghj to #agib4 ,during the period #agib-ahai accounts of lynch-law procedure are very rare4 ,there are but few sources of information on the subject during that period4 ,indeed1 it is true that the chief source of information on the subject from #agib to #ahcj is the writings of travelers who have chanced to witness or hear of instances of such procedure4 ,under the date of ,november #bi1 #ahai1 ,w4 ,faux describes the treatment given a young ,yankee1 of the name of ,williams1 near ,princeton1 ,indiana1 two years earlier4 ,he was suspected of having robbed a store1 but only circumstantial evidence could be adduced against him and he was acquitted4 8,the people of the place1 however1 prejudiced against him1 as a ,yankee1 deputed four persons to inform him1 that unless he quitted the town and state immediately1 he should receive ,lynch's law1 that is1 a whipping in the woods4 ,he departed1 with his wife and child1 next day1 on foot2 but in the woods1 four miles from ,princeton1 they were overtaken by two men1 armed with guns1 dogs1 and a whip1 who said they came to whip him1 unless he would confess and discover to them the stolen money1 so that they might have it4 ,he vainly expostulated with them2 but1 in consideration of his wife's entreaties and cries1 they remitted his sentence to thirteen lashes4 ,one man then bound him to a tree and lashed him with a cow-hide whip1 while the other held and gagged him2 the alarmed wife1 all the time1 shrieking murder4 ,he was then untied1 and told to depart from the state immediately1 or he should receive another whipping on the morrow1 as a warning and terror to all future coming ,yankees4 8,this poor fellow was of respectable parents at ,berlin1 in the state of ,new ,york1 and possessed a well-informed mind4 ,he quitted the state1 and returning1 soon after1 to prosecute his executioners1 died at ,evansville1 before he had effected so desirable an object40#abf ,in 8,letters from ,illinois10 the second edition of which was published in ,london in #ahah1 ,morris ,birkbeck writes3 8,there is nothing that ,i anticipate with so much satisfaction and security as the rapid development of society in our new country4 ,its elements are rude certainly1 and heterogeneous4 ,the first settlers1 unprotected1 and unassisted amid dangers and difficulties1 have been accustomed from early youth to rely on their own powers2 and they surrender with reluctance1 and only by halves1 their right of defence against every aggression1 even to the laws which themselves have constituted4 8,they have been anxiously studious of mildness in the forming of these laws1 and when1 in practice1 they seem inefficient1 they too frequently proceed with ,indian perseverance to acts of vengeance1 inconsistent with the duty of forbearance essential to social man4 ,hence deeds of savage and even ferocious violence are too common to be viewed with the abhorrence due to them4 8,this disposition is evinced continually1 and acted on without any feeling of private or personal animosity4 8,if a man1 whom the public voice has proclaimed a thief or a swindler1 escapes from justice for want of a legal proof of his guilt1 though the law and a jury of his fellow citizens have acquitted him1 ten to one but he is met with before he can quit the neighborhood1 and1 tied up to a sapling1 receives a scourging that marks him for the rest of his life4 8,in ,kentucky1 whose institutions have acquired greater maturity1 such events have taken place some years ago2 but now they would scarcely be tolerated1 and they will soon be matter of history only1 in ,indiana and ,illinois4 8,no crime but murder #8of the first degree' is punished with death1 in any of the western states1 nor1 ,i believe1 in the ,union4 ,in ,kentucky there is a general penitentiary1 for the punishment of other offences by imprisonment and labour40#abg ,william ,newnham ,blane1 who traveled through the ,united ,states and ,canada in the years #ahbb and #ahbc1 described the lynch-law procedure of that time as follows3 8,after leaving ,carlyle1 ,i took the ,shawnee town road1 that branches off to the ,s4 ,e41 and passed the ,walnut ,hills1 and ,moore's ,prairie4 ,these two places had a year or two before been infested by a notorious gang of robbers and forgers1 who had fixed themselves in these wild parts1 in order to avoid justice4 ,as the country became more settled1 these desperadoes became more and more troublesome4 ,the inhabitants therefore took that method of getting rid of them1 that had been adopted not many years ago in ,hopkinson and ,henderson counties ,kentucky1 and which is absolutely necessary in new and thinly settled districts1 where it is almost impossible to punish a criminal according to legal forms4 8,on such occasions therefore1 all the quiet and industrious men of a district form themselves into companies1 under the name of #8,regulators4' ,they appoint officers1 put themselves under their orders1 and bind themselves to assist and stand by each other4 ,the first step they then take1 is to send notice to any notorious vagabonds1 desiring them to quit the ,state in a certain number of days1 under the penalty of receiving a domiciliary visit4 ,should the person who receives the notice refuse to comply1 they suddenly assemble1 and when unexpected1 go1 in the night time1 to the rogue's house1 take him out1 tie him to a tree1 and give him a severe whipping1 every one of the party striking him a certain number of times4 8,this discipline is generally sufficient to drive off the culprit2 but should he continue obstinate1 and refuse to avail himself of another warning1 the ,regulators pay him a second visit1 inflict a still severer whipping1 with the addition probably of cutting off both his ears4 ,no culprit has ever been known to remain after a second visit4 ,for instance1 an old man1 the father of a family1 all of whom he educated as robbers1 fixed himself at ,moore's ,prairie1 and committed numerous thefts1 c4 c4 ,he was hardy enough to remain after the first visit1 when both he and his sons received a whipping4 ,at the second visit the ,regulators punished him very severely1 and cut off his ears4 ,this drove him off1 together with his whole gang2 and travellers can now pass in perfect safety1 where it was once dangerous to travel alone4 8,there is also a company of ,regulators near ,vincennes1 who have broken up a notorious gang of coiners and thieves who had fixed themselves near that place4 ,these rascals1 before they were driven off1 had parties settled at different distances in the woods1 and thus held communication and passed horses and stolen goods from one to another1 from the ,ohio to ,lake ,erie1 and from thence into ,canada or the ,new ,england ,states4 ,thus it was next to impossible to detect the robbers1 or to recover the stolen property4 8,while ,i was staying at the house of a ,mr4 ,mulligan in ,illinois1 thirty miles from ,st4 ,louis1 one of the men1 who had belonged to the gang near ,vincennes1 was taken up on the charge of passing counterfeit money4444 8,this practice of ,regulating seems very strange to an ,european4 ,i have talked with some of the chief men of the ,regulators1 who all lamented the necessity of such a system4 ,they very sensibly remarked1 that when the country became more thickly settled1 there would no longer be any necessity for such proceedings1 and that they should all be delighted at being able to obtain justice in a more formal manner4 ,i forgot to mention1 that the rascals punished1 have sometimes prosecuted the ,regulators1 for an assault4 ,the juries however1 knowing the bad characters of the prosecutors1 would give but trifling damages1 which divided among so many1 amounted to next to nothing for each individual40#abh ,in a book entitled 8,letters from the ,west10 which was published in ,london in #ahbh1 ,judge ,james ,hall wrote on the subject of lynch-law as follows3 8,among the early settlers there was a way of trying causes1 which may perhaps be new to you4 ,no commentator has taken any notice of ,linch's ,law1 which was once the lex loci of the frontiers4 ,its operation was as follows3 ,when a horse thief1 a counterfeiter1 or any other desperate vagabond1 infested a neighborhood1 evading justice by cunning1 or by a strong arm1 or by the number of his confederates1 the citizens formed themselves into a #8regulating company1' a kind of holy brotherhood1 whose duty was to purge the community of its unruly members4 ,mounted1 armed1 and commanded by a leader1 they proceeded to arrest such notorious offenders as were deemed fit subjects of exemplary justice2 their operations were generally carried on in the night4 ,squire ,birch1 who was personated by one of the party1 established his tribunal under a tree in the woods1 and the culprit was brought before him1 tried1 and generally convicted2 he was then tied to a tree1 lashed without mercy1 and ordered to leave the country within a given time1 under pain of a second visitation4 ,it seldom happened1 that more than one or two were thus punished2 their confederates took the hint and fled1 or were admonished to quit the neighborhood4 ,neither the justice nor the policy of this practice can be defended2 but it was often resorted to from necessity1 and its operation was salutary1 in ridding the country of miscreants whom the law was not strong enough to punish4 ,it was liable to abuse1 and was sometimes abused2 but in general1 it was conducted with moderation1 and only exerted upon the basest and most lawless men4 ,sometimes the sufferers resorted to courts of justice for remuneration1 and there have been instances of heavy damages being recovered of the regulators4 ,whenever a county became strong enough to enforce the laws1 these high-handed doings ceased to be tolerated40#abi ,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 ,states4 ,the weakness and inadequacy of the civil regulations1 and the presence of such criminals as the horse-thief1 the counterfeiter1 the robber1 and the desperado1 who find the frontier both a retreat from the consequences of past crime and a new theater for the perpetration of crime1 gave a constant justification for recourse to lynch-law4 ,the usual manner of proceeding was for the settlers to consult together and in a more or less formal way to establish 8the institution of ,regulators40 ,sometimes the ,regulators were small bodies of men chosen by the people to look after the interests of the community--in effect1 they were committees of safety4 ,at other times1 the ,regulators were bodies of men who voluntarily assumed the duty of policing a district4 ,the duties of such companies1 whether known as ,regulators or as ,rangers or by some other name1 were to ferret out and punish criminals1 to drive out 8suspicious characters10 and to exercise a general supervision over the interests of the settlements in which they lived4 ,their statute-book was the 8code of his honor1 ,judge ,lynch0#acj2 their order of trial was similar to that of a 8drum-head court-martial02 the principles of their punishment were certainty1 rapidity1 and inexorability4 ,they were in themselves judges1 juries1 witnesses1 and executioners4 ,these bodies of men bound themselves by a regular compact1 to the people and to each other1 to rid the community of all thieves1 robbers1 plunderers1 and villains of every description4 ,such compacts were usually verbal but they were sometimes in writing4#aca ,the compact entered into by the ,regulators of ,north ,carolina has already been cited4 ,if the agreement of #aghj in ,virginia1 to which the editor of the ,southern ,literary ,messenger gave his indorsement1 be accepted as genuine1 we have a record of another such compact4 ,there is recorded1 also1 a compact entered into by a company of ,regulators in ,illinois in #ahbj4 ,it reads as follows3 8,know all men by these presents3 8,that we 7here follow twelve names71 citizens of ---- settlement1 in the state of ,illinois1 have this day1 jointly and severally1 bound themselves together as a company of ,rangers and ,regulators1 to protect this settlement against the crimes and misdemeanors of1 all and singular1 every person or persons whomsoever1 and especially against all horse-thieves1 and renegades1 and robbers4 ,and we do by these presents1 hereby bind ourselves1 jointly and severally as aforesaid1 unto each other1 and to the fellow-citizens of this settlement1 to punish1 according to the code of his honor1 ,judge ,lynch1 all violations of the law1 against the peace and dignity of the said people of ---- settlement2 and to discover and bring to speedy punishment1 all illegal combinations--to rid the country of such as are dangerous to the welfare of this settlement--to preserve the peace1 and generally to vindicate the law1 within the settlement aforesaid4 ,all of which purposes we are to accomplish as peaceably as possible3 but we are to accomplish them one way or another4 8,in testimony whereof1 we have hereunto set our hands and affixed our seals1 this twelfth day of ,october1 ,anno ,domini1 eighteen hundred and twenty4 7,signed by twelve men47 8,acknowledged and subscribed in the presence of 8,c----,t4 ,h----n1 8,j----,p4 ,d----n10 and five others1 who seem to have been a portion of 8the fellow-citizens of this settlement10 referred to in the document4#acb ,the companies of ,regulators were generally organized only temporarily to meet some emergency in particular communities4 ,the one striking exception is the ,regulation movement in the ,carolinas4 ,the circumstances surrounding that movement1 however1 were not paralleled elsewhere4 ,the duration and strength of the organization there1 was undoubtedly due to the prominence of the political factor in its existence4 ,leaving out of consideration the ,carolina ,regulation and the summary practices which were incident to the ,revolutionary ,war1 there existed almost exclusively down to #ahcj what may be called the frontier type of lynch-law pure and simple4 ,this form of lynch-law procedure has always been justified on the ground of necessity1 and has been condemned only because of its liability to abuse4 ,as one writer has said1 referring to the ,regulators3 8,their acts may sometimes have been high-handed and unjustifiable1 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 acted4 ,in time1 it is true1 they degenerated1 and sometimes the corps fell into the hands of the very men they were organized to punish4 8,every social organization is liable to misdirection1 and this1 among others1 has been perverted to the furtherance of selfish and unprincipled purposes2 for1 like prejudices and habits of thought1 organized institutions frequently survive the necessities which call them into existence4 ,abuses grow up under all systems2 and1 perhaps1 the worst abuse of all1 is a measure or expedient1 good though temporary1 retained after the passing away of the time for which it was adopted40#acc ,if it be said that 8all law emanates from the people1 and is1 in fact1 whether written or not1 nothing more or less than certain rules of action by which a people agree to be governed10 then the frontier type of lynch-law is scarcely more than one step removed from genuine law4 ,for instance1 in the year #ahcd1 a large number of persons1 citizens of the ,united ,states1 but of no particular state or territory1 and beyond the pale of the regular operations of the law1 were collected at a place called ,dubuque's mines1 west of the ,mississippi1 and north of the ,state of ,missouri4 ,on ,may #bi of that year1 ,patrick ,o',conner1 who had the reputation of being a desperate character1 shot and killed ,george ,o',keefe4 ,o',conner 8was arrested by mutual consent of all parties1 and1 on the next day1 was duly tried1 by a jury of twelve citizens1 taken from the multitude4 ,privilege was given to the prisoner to object to all such as he chose not to be tried by1 and he made no objections to the mode of trial4 ,he was allowed the privilege of choosing a friend to counsel with him1 and assist in conducting the trial40 ,after hearing the testimony of the witnesses that were called1 the jury retired1 and 8after a session of about two hours10 returned the following verdict3 8,we1 the jury selected to try ,patrick ,o',conner1 for the murder of ,george ,o',keefe1 on the #bith inst4 after examining the witnesses on oath1 and attentively hearing and considering the testimony against the prisoner1 do unanimously agree that the said ,o',conner is guilty of murder in the highest degree1 and are of opinion that the said ,o',conner has done an act which1 in a land of laws1 would forfeit his life4 ,and inasmuch as the security of the lives of the good citizens of this country requires that an example should be made1 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 #bjth day of ,june1 and that1 at the hour of #ab o'clock1 of said day1 the said ,patrick ,o',conner be conducted to the place of execution1 and there be hung by the neck until he is dead40 ,this verdict was signed by the twelve members of the jury4 ,pursuant to a public notice1 a meeting of the citizens was held on ,june #ag to make arrangements for the execution of ,o',conner on ,june #bj4 ,l4 ,wheeler was requested to take command of a company of volunteers to act as a guard4 ,a committee of three was appointed to make the necessary arrangements for the execution and burial of ,o',conner4 ,henry ,adams was requested to act as sheriff on the day of the execution4 ,a committee of three was appointed to collect sums to defray the necessary expense 8for the keeping1 executing1 burial1 c41 of said ,o',conner40 ,it was voted that the sheriff be allowed the sum of twenty-five dollars for the keeping and execution of said ,o',conner2 and that if there were anything over and above that amount1 after all necessary expenses were paid1 the same should go to the executioner4 8,at #ab o'clock1 on the day of the execution1 the prisoner was taken from his place of confinement1 under a guard of a company of volunteers1 commanded by ,l4 ,wheeler1 to the place of execution1 where had assembled about #a1ejj citizens4 ,he was placed on a cart1 the rope was made fast to the gallows1 when the cart was driven away1 leaving the prisoner suspended between the heavens and the earth4 8,the whole proceedings were carried on with the utmost regularity and good order4 ,by mutual consent of all1 every coffee house was kept closed1 and not a drop of spirits was sold until after the execution40#acd ,at the time of this affair no judicial or civil regulations were yet established in that region4 ,under these circumstances1 then1 was ,patrick ,o',conner legally executed or was he executed by lynch-law8 ,doubtless most men will agree that he was1 to all intents and purposes1 legally executed1 and yet many instances of the operation of lynch-law on the frontier were scarcely less justifiable1 though the trial and infliction of punishment may have been far more summary4 ,in general1 the punishments administered under lynch-law previous to #ahcj were not severe1 usually consisting of a whipping1 or some other form of corporal punishment1 and banishment after a specified time4 ,niles' ,register for ,july #ag1 #ahbd 7#bf3 #cbf7 contains the following3 8,kentucky4--,several murders have lately been committed in this state by persons who call themselves #8regulators'--but effectual measures have been taken to arrest and punish them40 ,this case was evidently an abuse of lynch-law2 a band of desperadoes1 presumably1 adopted the name of 8regulators0 as a cloak for their misdeeds1 and thus sought immunity from punishment4 ,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 period4 ,it thus appears that the summary and extra-legal methods of punishment adopted during colonial times1 and the summary practices of the time of the ,revolution1 were carried by the emigrants from the original colonies as they pushed the line of the frontier further and further to the westward4 ,frequent occasion was found on the frontier for the use of such methods and practices to curb the activity of the lawless and the vicious4 ,when the legislature of ,virginia authoritatively declared that circumstances may arise under which measures1 though not strictly warranted by law1 are justifiable from the imminence of the danger1 it gave expression to a principle which found ready acceptance among the early settlers exposed to the dangers and vicissitudes of frontier life4 ,though the statement of the principle by the legislature of ,virginia may not have been known1 and probably was not known1 to very many of those who took an active part in the subsequent history of lynch-law1 nevertheless the principle itself was a matter of common knowledge1 for it was in the air1 as it were1 and it was repeatedly embodied in action4 ,in reality1 the subsequent history of lynch-law is but the working out of this principle under varying conditions4 ,,chapter ,,iv ,,lynch-,,law #ahcj-ahfj ,with the exception of the summary practices characteristic of ,revolutionary times1 the lynch-law procedure that prevailed prior to #ahcj was largely of the frontier type4 ,even in ,revolutionary times1 however1 when war and political controversies had brought about a state of social disruption leading to the adoption of lynch-law procedure in well settled communities1 many of the instances of such procedure might properly be classified under the frontier type4 ,in remote parts of many of the colonies the civil regulations had never been sufficiently established to insure the punishment of public offenders1 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 procedure4 ,the ,regulation movement in the ,carolinas1 though stimulated by political dissension1 had its basis and origin in frontier conditions2 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 ,mississippi4 ,before about the year #ahcj1 then1 lynch-law was confined almost entirely to the border settlements1 and was generally excused and justified on the ground of necessity4 ,it was not regarded as a serious menace to law and order4 ,it was adopted merely as a temporary expedient which was expected to fall into disuse when the civil government and the judiciary became firmly established4 ,soon after #ahcj a change took place4 ,the anti-slavery agitation was accompanied by a revival of lynch-law1 and the practice spread throughout the country4 ,not only did lynch-law continue to be exercised occasionally in the border settlements1 but it was revived in well-established communities for the purpose of putting down abolitionism4 ,the early thirties witnessed many acts of violence4 ,the following appeared in the ,massachusetts ,journal in the year #ahca3 8,progress of ,violence4--,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 period4444 ,citizens who feel offended take the law into their own hands without ceremony40 ,then follows a recital of thirteen cases of violence which occurred within two or three months1 including riots1 duels1 insurrections of negroes1 persecutions of abolitionists1 c4#ace ,the following instances1 selected with reference to the localities in which they occurred1 indicate the extent of territory over which lynch-law practices prevailed at this time3 8,wilmington1 ,n4 ,c41 ,sept4 #bh4--,three ringleaders of the late diabolical conspiracy were executed at ,onslow ,court ,house1 on ,friday evening last1 #bc;d inst4 by the people4 ,there was a fourth1 who escaped during the tumult40#acf ,the editor of the ,liberator adds3 8#8,executed by the people' doubtless means executed by a mob1 on suspicion of guilt1 without investigation or trial40 ,a ,mr4 ,robinson was lashed on the bare back at ,petersburg1 ,virginia1 for saying 8that black men have1 in the abstract1 a right to their freedom40 ,after the scourging he was told to leave ,petersburg and never return or he would be treated 8worser40#acg ,in ,georgia1 a man1 named ,john ,lamb1 was severely treated because he had subscribed to the ,liberator4 8,a mob of unprincipled vagabonds assembled around his house and violently took him out and tarred and feathered him4 ,they then poured oil on his head and set fire to it4 ,they next carried him on a rail to the river and ducked him4 ,and then they returned with him to a post near ,darraugh and ,simms' ,tavern1 and whipped him40#ach ,the slave insurrection in ,virginia under the leadership of ,nat ,turner took place in ,august of the year #ahca4 ,the nature and extent of this insurrection has been frequently misunderstood4 ,on the one hand1 it has been represented as having been confined to a magisterial district2 on the other hand1 its leader is said to have recruited his forces through all ,eastern ,virginia and through ,north ,carolina4 ,both of these views are in a measure true4#aci ,nat was a negro endowed with a mind capable of high attainments4 ,he was a careful student of the ,bible and a ,baptist preacher4 ,he read the newspapers and every book within his reach1 and he was an attentive listener at discussions of the political and social questions of the day4 ,but his mind grappled with things beyond its reach4 ,the example of ,toussaint ,l',ouverture in the island of ,hayti1 and that of ,gabriel ,prosser in ,richmond in #ahjj1 together with the speeches and writings of abolitionists1 inspired him to make an attempt to 8call the attention of the civilized world to the condition of his race40 ,he became a complete fanatic and believed that the ,lord had destined him to free his race4 ,the red tint of the autumn leaves was a sign of the blood which was to be shed4 ,the eclipse of the sun in ,february and its peculiar appearance in ,august1 #ahca1 were to him omens indicating that the time had come for him to put his plans into operation4 ,for several years plans for insurrection had been maturing in ,nat's mind1 and by ,february1 #ahca1 he had so far determined upon his scheme that he related it to four of the most influential negroes of his section4 ,from that time every effort was made to enlist the co-operation of other slaves1 but with the greatest patience and prudence4 ,he deemed it possible to conquer the county of ,southampton1 march to the ,dismal ,swamp1 collecting the slaves as he went1 and so gradually overcome the ,state1 as the ,americans had the ,british in the ,revolutionary ,war4 ,on the night of ,sunday1 ,august #ba1 ,nat opened the insurrection4 ,a misunderstanding in regard to the date deprived him of a few of his followers1 but1 at the head of a small party which increased in numbers as it proceeded1 he went from house to house murdering every white person that could be found4 ,it is characterized as a massacre 8barbarous beyond degree40 ,depredations1 murders1 and the most revolting crimes were committed in cold blood4 ,before the insurrection was put down about sixty whites1--men1 women and children1--were slaughtered4 ,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 ,jackson1 on the #bith of ,august1 of which the following is an extract3 8,most of the havoc has been confined to a limited section of our county1 but so inhuman has been the butchery1 so indiscriminate the carnage1 that the tomahawk and scalping knife have now no horrors4 ,along the road traveled by our rebellious blacks1 comprising a distance of something like twenty-seven miles1 no white soul now lives to tell how fiendlike was their purpose4 ,in the bosom of almost every family this enemy still exists4 ,our homes1 those near the scenes of havoc1 as well as others more remote1 have all been deserted and our families gathered together and guarded at public places in the county2 and1 still further1 the excitement is so great that were the justices to pronounce a slave innocent1 we fear a mob would be the consequence40#adj ,many of the rebellious slaves were shot on sight and some innocent negroes suffered4 ,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 plot4 ,the captain of the marines1 as they marched through ,vicksville on their way home1 bore upon his sword the head of a rebel4 ,a negress who attempted to kill a ,mrs4 ,francis was dragged out1 after she had been taken prisoner1 tied to an oak tree1 and her body riddled with bullets4 ,it is said that some of the slaves suffered fearful torture1 being burnt with red-hot irons and their bodies being horribly mutilated1 before death came to their relief4 ,nat was persecuted with pin-pricks and soundly whipped before he was put in jail to await his trial4 ,according to ,drewry1 however1 although 8much excitement and rashness had prevailed in the pursuit and capture of the rebels1 the cases of mercy and humanity overshadow those of barbarity and leave the decision in favor of the former40 ,fifty-three of the sixty or seventy negroes connected with the massacre were brought before the county court4 ,of these seventeen were executed and twelve transported4 ,the rest were discharged1 except the four free negroes who were sent on to the ,superior ,court1 three of whom were executed4 ,nat and his three associate-leaders1 ,hark1 ,nelson1 and ,sam1 were hung according to the sentence of the court4 8,the bodies of those executed1 with one exception1 were buried in a decent and becoming manner4 ,that of ,nat ,turner was delivered to the doctors1 who skinned it and made grease of the flesh40 ,the execution of the plot was thus confined to a magisterial district of three thousand inhabitants4 ,yet every effort had been made to rouse the negroes of neighboring counties in ,virginia and ,north ,carolina4 ,the influence of the insurrection was wide-spread1 extending to the ,north as well as the ,south4 ,the immediate result in many parts of the ,south was the greatest excitement1 alarm1 and confusion4 8,men went about in groups1 the militia drills were renewed1 and the arms called in a few months before1 reissued40 ,thomas ,gray1 who lived in ,southampton1 said3 8,it is the first instance in our history of an open rebellion of the slaves1 and attended with such atrocious circumstances of cruelty and destruction as could not fail to leave a deep impression1 not only on the minds of the community where the fearful tragedy was wrought1 but throughout every portion of our country in which this population is found40 ,in the ,north the immediate effect was a more pronounced conviction of the evils of slavery4 ,in general1 the effect of the ,southampton insurrection was to center public consideration on the slave question4#ada ,its influence was indirect1 rather than direct1 in stimulating recourse to lynch-law in the country4 ,during the spring and summer of #ahcd there was a great deal of rioting in which ,irishmen were principally concerned4 ,several riots occurred in ,new ,york ,city and in ,philadelphia between whites and blacks1 which were said to be due to the abolitionists having stirred up the blacks4#adb ,the following appeared in the ,boston ,whig in ,october1 #ahcd3 8,the history of the proceedings of the past year furnishes examples of outrage and violence altogether unprecedented in the annals of our country4 ,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 populace4444 ,mobs1 which now seem to be the order of the day1 are of recent origin among us4444 ,our newspapers now1 with a few honorable exceptions1 encourage these outrages and barbarous proceedings1 and by the inflammatory articles in their columns1 incite to the commission of the most heinous crimes40#adc ,the expression 8,lynch's law0 first appears in the ,liberator in the issue of ,september #bg1 #ahcd 7#d3 #aec71 in an extract from the ,lancaster 7,pennsylvania7 ,journal4 ,the passage quoted is as follows3 8,in our quiet village of ,new ,holland1 we understand ,lynch's law was carried into execution last week1 against a stranger who had given some offence to the inhabitants4 ,the man was taken from his domicile1 tarred and feathered in the true ,yankee style1 marched out of town and let run4 ,we have not heard the cause of this summary proceeding40 ,another extract from the ,lancaster ,journal reads as follows3 8,we have heard of another case of an appeal to ,lynch's code4 ,a celebrated ,philadelphia doctor1 a disciple of the ,tappan school1 who could not find room for the overflowings of his milk of human kindness in the city of brotherly love1 paid a visit to ,columbia1 in this county1 a few days since1 prepared1 it is said1 to deliver a course of amalgamation lectures4 ,a barrel of tar was purchased1 and a pillow well stuffed with feathers procured for the occasion4 ,a hint of these proceedings was given to the learned ,doctor's friends1 who did not keep the secret1 and the ,doctor not wishing to be exhibited in the costume of a goose1 took wing in an eastern direction1 and has not been heard of since40#add ,the expression 8,lynch's law0 first appears in ,niles' ,register under the date of ,october #e1 #ahcc 7#de3 #hg71 in an extract from the ,st4 ,louis ,republican4 ,the quotation is as follows3 8#8,lynch's ,law4' ,we have heard1 that capt4 ,slick summoned his corps the other night1 and obtained possession of a man with whose misdeeds they had become familiar1 carried him to the prairie near town1 and administered #8,lynch's ,law' upon him in fine style4 ,he received about fifty lashes--and was ordered to decamp4 ,the offence consisted in cheating at the gaming table--whereof he was over-fond4444 ,several very effective demonstrations have been made upon the gamblers in and about town1 and they have been obliged to make themselves scarce4 ,this is as it should be40 ,lynch-law proceedings were inaugurated against gamblers in ,virginia about a year later4 ,niles' ,register for ,october #d1 #ahcd 7#dg3 #ff7 says3 8,large nests of gamblers in ,richmond and ,norfolk were completely routed1 a short time ago1 by summary processes--numerous bodies of young men having taken the matter in charge4 ,they broke into the gambling houses1 and destroyed all the apparatus and furniture--but farther than this1 committed no acts of violence4 ,some curious disclosures of the great profits made by the knaves have been brought to light by these proceedings40 ,the most notorious case of an appeal to summary procedure against gamblers occurred in ,july1 #ahce1 at ,vicksburg1 ,mississippi4 ,professional gamblers had for years made ,vicksburg their rendezvous and certain sections of the city were almost wholly given over to them4 ,frequently1 in armed bodies1 they disturbed the good order of public assemblages1 insulted citizens on the streets1 and openly defied the civil authorities4 ,the laws were found ineffectual for their punishment2 their numbers and their crimes continually increased4#ade ,at a barbecue on the ,fourth of ,july one of these gamblers1 named ,cakler1 became insolent and created a disturbance4 ,later a meeting was held and an anti-gambling society was organized4 8,it was determined to take him 7,cakler7 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 reach4 ,he was immediately carried out under a guard1 attended by a crowd of respectable citizens--tied to a tree1 punished with stripes--tarred and feathered2 and ordered to leave town in forty-eight hours40 ,the following morning public notice was given that all gamblers must leave the town in twenty-four hours4 ,that night another was 8,lynched40 ,the next morning the citizens understood that a noted gambler1 named ,north1 had defied them1 barricaded his house1 and together with some of his fellows had made preparations to stay in the town4 ,the volunteers were immediately assembled and1 followed by a crowd of citizens1 marched to ,north's residence and demanded an unconditional surrender4 ,this was refused4 ,the house was then surrounded and an attempt made to force an entrance4 ,just as the door was burst open1 ,dr4 ,h4 ,s4 ,bodley1 a highly respected citizen1 was shot and instantly killed by the gamblers4 ,greatly incensed at this1 the crowd rushed into the building and dragged out the inmates1 one of whom had been seriously wounded1 hurried them without ceremony to the common gallows and hanged them4 ,five gamblers were thus executed at this time and their bodies left suspended for twenty-four hours4#adf ,about the time of the ,vicksburg affair suspicion was aroused in ,madison ,county1 ,mississippi1 that the ,murrell gang had organized the blacks for an insurrection4#adg 8,two individuals1 by name ,cotton and ,saunders1 both of them steam doctors by profession10 were thought to be prominently connected with the scheme4 ,a 8committee of investigation0 was appointed by a mass-meeting of the citizens and as a result of the investigation the two 8steam doctors0 and three other white men were hanged1 and also several negroes1 8some ten or fifteen10 without any process at law4#adh ,j4 ,h4 ,ingraham1 writing of conditions in ,mississippi at about this time1 after describing a 8chain gang0 of negroes1 uses the following language3 8,in ,natchez1 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 justice4 ,this last summary process of popular justice1 or more properly excitement1 termed #8,lynch's law'1 ,i believe1 from its originator1 is too much in vogue in this state4 ,in the resentment of public as well as private wrongs1 individuals have long been in the habit of forestalling and improving upon the decisions of the courts1 by taking the execution of the laws into their own hands4444 ,the want of a penitentiary has had a tendency to keep this custom alive in this state longer than it would otherwise have existed4 ,when an individual is guilty of any offence1 which renders him amenable to the laws1 he must either be acquitted altogether or suffer death40#adi ,lynch-law was also known in the eastern states at this time4 ,not only were there mobs which dealt summarily with offenders1 as in the year #ahca1 but their proceedings were known by a different name4 ,it was now no longer simply 8mobs0 and 8mobocracy10 but 8,lynch's law10 and 8,judge ,lynch's court0 as well4 ,the ,boston ,daily ,advertiser in ,july1 #ahce1 gave expression to the following1 under the heading 8,lynch's ,law03 8,we have had occasion of late to advert to the use of this term in our paper1 as indicating punishments1 wantonly and in disregard of law1 applied in certain portions of our country to individuals suspected or guilty of crime40#aej ,on the night of ,september #aj1 #ahce1 a gallows was erected in ,brighton ,street1 ,boston1 in front of ,mr4 ,garrison's house1 with two ropes suspended therefrom4 ,on the crossbar was the inscription 8,judge ,lynch's law40#aea ,the following appeared in ,niles' ,register1 ,october #c1 #ahce 7#di3 #gf-g73 8,our village 7,kanawha ,salines1 ,w4 ,va47 was thrown into considerable commotion on ,friday morning last in consequence of the arrival of judge ,lynch among us4 ,his business was soon ascertained1 and by his authority four white men from ,ohio were soon arrested and tried before #ab intelligent persons of our county1 for endeavoring to persuade several slaves to leave their masters1 for some free state4444 ,these congenial spirits of ,garrison1 ,tappan ,co4 were arrested in the neighborhood of our village1 tried1 condemned1 and received the sentence pronounced on them by the jury4 ,that is to say1 ,joe ,gill and the elder ,drake to receive nine and thirty lashes each1 and leave the county in #bd hours2 the younger ,drake1 with ,ross1 to be discharged for want of evidence1 but with a promise from them that they would also quit the county in #bd hours4 ,the evidence 444 produced an unanimous verdict on the part of the jury1 that two should be lynched and the other two excused1 provided they would leave this part of the country40 ,the following appeared in ,niles' ,register1 ,december #e1 #ahce 7#di3 #bbh73 8,lynch law in ,colerain4 ,the sect known as perfectionists have recently been making some converts in ,colerain 7,franklin ,county1 ,mass471 and holding meetings there considerably to the annoyance of the majority of the inhabitants4 ,we learn that one of the leaders 444 who was suspected of taking with his female disciples some liberties inconsistent with the holiness of his profession1 was taken out a few days since1 ridden nearly three miles upon a rail1 tarred and feathered1 and dismissed1 with an admonition to quit the town--a piece of advice with which he has since complied40#aeb ,some idea of the prevalence of mob violence and lynch-law procedure in #ahce is obtained from the following editorials in ,niles' ,register3 8,meetings have been held at ,danville1 ,kentucky2 at ,richmond and ,petersburg and many other towns in ,virginia2 at ,charleston1 ,south ,carolina2 at many places in ,mississippi2 and1 indeed1 it may be generally said in all the south and southwest in consequence of the flood of incendiary publications let loose by a few #8anti-slavery' men of the north1 inciting the negroes to insurrection1 and murder1 and desolation2 and1 at as many places1 perhaps1 a like spirit has been shown against gamblers4 ,anti-gaming societies have been introduced in a number of cities and towns4 ,executions by #8,lynch law1' have been numerous4 ,acts of personal violence1 on other accounts1 some of which are terrific1 also abound4 ,society is in an awful state4 ,what is the cause of it80#aec 8,during the last and the present week we have cut out and laid aside more than #ejj articles1 relating to the various excitements now acting on the people of the ,united ,states1 public and private6 ,society seems everywhere unhinged1 and the demon of #8blood and slaughter' has been let loose upon us6 ,we have the slave question in many different forms1 including the proceedings of kidnappers and manstealers--and others belonging to the free negroes3 the proscription and prosecution of gamblers2 with mobs growing out of local matters--and a great collection of acts of violence of a private1 or personal nature1 ending in death2 and regret to believe1 also1 that an awful political outcry is about to be raised to rally the #8poor against the rich'6 ,we have executions1 and murders1 and riots to the utmost limits of the union4 ,the character of our countrymen seems suddenly changed1 and thousands interpret the law in their own way--sometimes in one case1 and then in another1 guided apparently only by their own will6444 ,we lately gave1 by way of a specimen1 a few articles of a nature similar to those now in our possession4 ,we cannot consent to hold up our country to the contempt and scorn of the old world1 and shall1 therefore1 generally suppress them1 though some cases of peculiar atrocity must be inserted4 ,let the laws rule4 ,and let no one do anything that may have a tendency to bring them into popular disrespect60#aed ,even though some allowance for exaggeration in the above statements may be necessary1 there yet remains unquestionable evidence of a very unsettled state of affairs4#aee ,an editorial written in a less sensational style appeared in the ,register in ,october4 ,the first sentences are as follows3 8,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 disavowed1 with great unanimity and much zeal4 ,and in the south we almost daily hear of #8judge ,lynch1' and of persons who are flogged and driven away1 or #8executed1' under sentences rendered by him40#aef ,judge ,jay in a charge to a ,grand ,jury at ,white ,plains1 ,new ,york1 in ,november1 #ahce1 referred to the 8spirit of lawless violence0 that was abroad in the land1 and spoke of the danger to civil and religious liberty if it were not arrested4 ,about the same time1 ,judge ,cranch1 in a similar charge to a ,grand ,jury in the ,district of ,columbia1 spoke of the 8state of excitement0 which existed in some parts of the country4#aeg ,some attributed the cause of all this excitement to the abolitionists4#aeh ,a correspondent of the ,medina 7,ohio7 ,free ,press early in the year #ahcf wrote as follows3 8,when a body of men with such feelings and principles1 begin to distract the nation with their mad schemes1 it is high time for a community to notice them4 ,i am no advocate of ,lynch law1 but ,i must say that if ,lynch law must be practised1 ,i know of no fitter subjects for its operation than such fanatics40#aei ,the following appears in an article on ,lynch ,law in ,america published in ,england in #ahgg3 8,among the institutions specially ,american1 few have had worse odour in ,england than what is commonly known as #8,lynch law4' ,in the time of the anti-slavery agitation the recourse to ,lynch law by the supporters of #8the domestic institution1' or #8involuntary servitude1' as it was euphoniously called1 caused just indignation4 ,it was by ,lynch law that men who dared to speak against slavery were silenced in the ,slave ,states40#afj ,thus1 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 conditions1 and laid upon the shoulders of these 8fanatics0 the blame for the necessity of resorting to lynch-law2 the abolitionists1 on the other hand1 said that lawless violence was the direct result of slavery#afa and the attempt of the ,south to put down free discussion by means of force4 ,the years of ,jackson's presidency1 #ahbi-ahcg1 have been distinguished by political writers as the ,jacksonian period1--a period in which there was an unusual amount of turbulence and violence4 ,it has been repeatedly suggested that ,jackson's own arbitrary temperament and example did something to set this fashion4 8,it is1 however1 more just to see1 both in the ,president himself and in the mobs of his time of power1 symptoms of one and the same thing2 namely1 a great democratic upheaval1 the wilful self-assertion of a masterful people1 and of a man who was their true representative4444 ,during ,jackson's eight years everything is changing2 both society and politics are undergoing revolution2 deep organic processes are in progress2 significant atmospheric changes are setting in40#afb 8,it is not possible that a growing nation should spread over new territory1 and feel the thrill of its own young energies contending successfully with nature in all her rude force1 without social commotions and a certain recklessness and uproar4 ,the contagion of these forms of disorder produces other and less excusable forms40#afc ,the cause for all the turbulence and violence lay deeper than abolitionism1 slavery1 or the character of political leaders4 ,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 conditions4 ,society was in process of reorganization4 ,it was a time of social readjustment4 ,this was the condition of society which existed1 and it was a condition conducive to the spread of lynch-law4 ,it was due to this fact that the term lynch-law gained a permanent place in the ,english language4 ,early in the forties1 as mentioned in the introduction1 the dictionaries admitted the term to their list and thus gave to it the seal of their approval4 ,a writer in ,harper's ,magazine for ,may1 #ahei 7p4 #gid7 says3 8,i think ,i had never heard of lynch-law until about the year #ahcd1 when the citizens of ,vicksburg organized themselves into a ,court of ,uncommon ,pleas1 with special reference to certain men in their midst who were1 or were said to be1 #8living on the borders of the law4' ,and ,i well remember1 boy as ,i was1 the sensation with which the news of the hanging of the ,vicksburg gamblers was received in the old ,states1 and how soon the terms #8,lynch law' and #8lynching' became familiar as household words40 ,it was the application of lynch-law1 then1 to the gamblers infesting the towns along the ,mississippi ,river that familiarized the public with the term1 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 use4 ,in the month of ,may1 #ahce1 two negroes were burned to death near ,mobile1 ,alabama1 for 8most barbarously murdering0 two children4 ,the murderers had their trial1 the result of which is given in the following paragraph taken from a ,mobile paper3 8,as the ,court pronounced the only sentence known to the law--the smothered flame broke forth4 ,the laws of the country had never conceived that crimes could be perpetrated with such peculiar circumstances of barbarity1 and had therefore provided no adequate punishment4 ,their lives were justly forfeited to the laws of the country1 but the peculiar circumstances demanded that the ordinary punishment should be departed from--they were seized1 taken to the place where they had perpetrated the act1 and burned to death40#afd ,a case of burning alive1 which on account of the subsequent events gained great notoriety1 occurred at ,st4 ,louis1 ,missouri1 ,april #bh1 #ahcf4 ,one writer designated it as 8the execution of #8,lynch ,law' upon a yellow fellow1 by means of a slow fire40 ,a colored man was arrested on board a boat by a deputy sheriff and a constable4 ,another colored man1 a free mulatto1 assisted him to escape1 and the officers immediately arrested the mulatto4 ,he1 however1 turned upon the officers1 drew a knife and stabbed ,deputy ,sheriff ,hammond1 killing him instantly1 and also seriously wounded ,mr4 ,mull1 the constable4 ,he was finally captured1 however1 and locked up in the jail4 ,later the people assembled and1 after threatening to tear down the jail if he was not delivered to them1 secured the prisoner1 conducted him to the outskirts of the city1 placed a chain round his neck and a rope round his body1 and thus fastened him to a tree a few feet from the ground4 ,a fire was then placed round the tree and he was roasted alive4#afe ,when this case came up for consideration before the ,grand ,jury of ,st4 ,louis ,county1 ,judge ,lawless--according to subsequent comments rightly named--made the following charge3 8,i have reflected much on this matter1 and after weighing all the considerations that present themselves as bearing upon it1 ,i feel it my duty to state my opinion to be1 that whether the ,grand ,jury shall act at all1 depends upon the solution of this preliminary question1 namely1 whether the destruction of ,mc,intosh was the act of the #8few' or the act of the #8many4' 8,if on a calm view of the circumstances attending this dreadful transaction1 you shall be of opinion that it was perpetrated by a definite1 and1 compared to the population of ,st4 ,louis1 a small number of individuals1 separate from the mass1 and evidently taking upon themselves1 as contradistinguished from the multitude1 the responsibility of the act1 my opinion is that you ought to indict them all1 without a single exception4 8,if on the other hand1 the destruction of the murderer of ,hammond was the act as ,i have said1 of the many--of the multitude1 in the ordinary sense of those words--not the act of numerable and ascertainable malefactors1 but of congregated thousands1 seized upon and impelled by that mysterious1 metaphysical1 and almost electric phrenzy1 which1 in all nations and ages1 has hurried on the infuriated multitude to deeds of death and destruction--then1 ,i say1 act not at all in the matter--the case then transcends your jurisdiction--it is beyond the reach of human law40#aff ,it was for denouncing the burning of this colored man and violently attacking ,judge ,lawless in his ,observer that the ,rev4 ,e4 ,p4 ,lovejoy had his printing-office destroyed by a mob in ,st4 ,louis1 and was forced to remove his paper to ,alton1 ,illinois4 ,he did not cease to express his convictions1 however1 and neither did his persecutions cease4 ,three times his press was destroyed by mobs4 ,on ,november #g1 #ahcg1 while endeavoring to protect his property1 he met his death at the hands of an ,alton mob4 ,in an address on 8,the ,perpetuation of our ,political ,institutions10 delivered before the ,young ,men's ,lyceum of ,springfield1 ,illinois1 on ,january #bg1 #ahcg1 ,abraham ,lincoln characterized the spirit of the times in the following way3 8,accounts of outrages committed by mobs form the everyday news of the times4 ,they have pervaded the country from ,new ,england to ,louisiana2 they are neither peculiar to the eternal snows of the former nor the burning suns of the latter2 they are not the creature of climate1 neither are they confined to the slaveholding or the non-slaveholding ,states4 ,alike they spring up among the pleasure-hunting masters of ,southern slaves1 and the order-loving citizens of the land of steady habits4 ,whatever then their cause may be1 it is common to the whole country4 8,it would be tedious as well as useless to recount the horrors of all of them4 ,those happening in the ,state of ,mississippi and at ,st4 ,louis are perhaps the most dangerous in example and revolting to humanity4 ,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 occupation1 but one which1 so far from being forbidden by the laws1 was actually licensed by an act of the legislature passed but a single year before4 ,next1 negroes suspected of conspiring to rise an insurrection were caught up and hanged in all parts of the ,state2 then1 white men supposed to be leagued with the negroes2 and finally1 strangers from neighboring ,states1 going thither on business1 were in many instances subjected to the same fate4 ,thus went on this process of hanging1 from gamblers to negroes1 from negroes to white citizens1 and from these to strangers1 till dead men were literally dangling from the boughs of trees by every roadside1 and in numbers almost sufficient to rival the native ,spanish moss of the country as a drapery of the forest4 8,turn then to that horror-striking scene at ,st4 ,louis4 ,a single victim only was sacrificed there4 ,this story is very short1 and is perhaps the most highly tragic of anything of its length that has ever been witnessed in real life4 ,a mulatto man by the name of ,mc,intosh was seized in the street1 dragged to the suburbs of the city1 chained to a tree1 and actually burned to death2 and all within a single hour from the time he had been a freeman attending to his own business and at peace with the world4 8,such are the effects of mob law1 and such are the scenes becoming more and more frequent in this land so lately famed for love of law and order1 and the stories of which have even now grown too familiar to attract anything more than an idle remark40#afg ,the following paragraph appeared in the ,southern ,literary ,messenger in the year #ahci 7#e3 #bah73 8,forty years ago1 the practice of wreaking private vengeance1 or of inflicting summary and illegal punishment for crimes1 actual or pretended1 which has been glossed over by the name of ,lynch's ,law1 was hardly known except in sparse1 frontier settlements1 beyond the reach of courts and legal proceedings40 ,the above quotations set forth clearly the condition of affairs in the ,united ,states at this time4 ,it was the spirit of the times1 rather than any particular cause1 which brought about recourse to lynch-law practices4 ,lynch-law was invoked for no particular offense to the exclusion of all other offenses2 neither was it peculiar to any one section of the country4 ,from having been practised only in the border settlements as a temporary means of suppressing lawlessness until the civil regulations could be established1 lynch-law methods had come to prevail even in well settled communities4 ,those writers who expressed the opinion about #ahcj that lynch-law was dying out did not foresee the great popular excitement which existed during ,jackson's administration4 ,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 country4 ,to the inflamed imagination of the popular mind the slightest provocation seemed a serious offense4 ,the law did not reach such offenses1 or they were deemed to be inadequately punished by the law1 and this seemed to the people a justification for summary punishment4 ,in the slave ,states such punishment was generally a whipping or flogging1 often followed by tarring and feathering1 inflicted upon abolitionists or any persons suspected of 8tampering with the slaves10 or distributing 8incendiary tracts40 ,in cases of a suspected conspiracy for an insurrection among the slaves the supposed leaders were often summarily punished1 sometimes by the infliction of the death penalty4 ,along the ,mississippi ,river1 the gamblers had aroused the resentment of the peace-loving portion of the community by their vices and excesses of various kinds4 ,in many places they were able to bid defiance to the civil authorities and laugh at threats of enforcing the law against them4 ,here again the exigencies of the situation seemed to the people to justify the adoption of lynch-law4 ,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 ,states4 ,the author of a book published in ,london in #ahcg wrote3 8,the ,lynch-law1 is not1 properly speaking1 an opposition to the established laws of the country1 or1 is at least1 not contemplated as such by its adherents2 but rather as a supplement to them1--a species of common law1 which is as old as the country1 and which1 whatever may be the notion of #8the learned in the law1' has nevertheless been productive of some of the happiest results40#afh ,in #ahci1 ,f4 ,marryat wrote3 8,the ,lynch law of the present day1 as practiced in the ,states of the ,west and ,south1 may be divided into two different heads3 the first is1 the administration of it in cases in which the laws of the ,states are considered by the majority as not having awarded a punishment adequate1 in their opinion1 to the offence committed2 and the other1 when from excitement the majority will not wait for the law to act1 but inflict the punishment with their own hands40#afi ,occasionally innocent persons suffered the violence of lynching mobs1#agj and sometimes damages were secured through the courts for having suffered lynch-law4 ,cases of this nature were not uncommon in the early history of the operation of lynch-law in ,virginia1#aga and in the later thirties similar suits were instituted in the courts4 ,on ,september #d1 #ahce1 certain inhabitants of ,brownsville1 ,tennessee1 constituted themselves a lynch court for the trial of ,anson ,moody1 suspected of being a kidnapper1 or slave stealer4 ,they seized him in the dead of night1 tried him1 convicted him1 and then proceeded to punishment by inflicting one hundred lashes with a 8cowskin10 branding him on the cheek with the letter ,r and commanding him to leave the country4 ,a jury in the ,circuit ,court of the ,united ,states for the ,district of ,west ,tennessee gave him a verdict of #b1jjj and costs against five of the members of the ,lynch court4#agb ,in ,yazoo1 ,mississippi1 a ,mr4 ,harris1 for some real or supposed offense1 was 8severely lynched0 by ,h4 ,w4 ,dunn1 ,c4 ,w4 ,bain1 and others4 ,he prosecuted those two individuals for the outrage1 and the case was tried in the circuit court of ,yazoo ,county4 ,the jury returned a verdict for the plaintiff of #bj1jjj4agc ,two young men in ,fayette ,county1 ,tennessee1 were sentenced to three months' imprisonment and to pay a fine of #ej each for assisting to ride ,john ,t4 ,foster on a rail4 ,the said ,foster died in consequence of the injuries he received during the outrage4#agd ,sherman ,thompson and ,samuel ,thompson1 of ,meriden1 ,connecticut1 were sentenced to pay a fine of #bj each and to suffer imprisonment in the common jail for the term of six months for having participated in an outrage upon the ,rev4 ,mr4 ,ludlow in ,october1 #ahcg4age ,the ,grand ,jury of ,alton1 ,illinois1 found bills of indictment against a number of individuals concerned in the affair of ,november #g1 #ahcg1 when ,lovejoy was killed1 but the suits were evidently not pushed against them4 ,in the trial of ,rock1 one of the assailants1 which came up before the municipal court1 the jury returned a special verdict that the defendant1 in their opinion1 was guilty of the various charges in the indictment1 but that they return him not guilty on a question of jurisdiction4#agf ,previous to #ahdj the verb lynch was occasionally used to include capital punishment1 but the common and general use was to indicate a personal castigation of some sort4 8,to lynch0 had not then undergone a change in meaning and acquired the sense of 8to put to death40#agg ,webster's ,dictionary1 edition of #ahdh1 gives3 8,lynch1 v4 t4 ,to inflict pain1 or punish1 without the forms of law1 as by a mob1 or by unauthorized persons10 and 8,lynched1 pp4 ,punished or abused without the forms of law40 ,these same definitions still stand in the edition of #ahgf4 ,it was not until a time subsequent to the ,civil ,war that the verb lynch came to carry the idea of putting to death4 ,men were punished with death 8by ,lynch-law0 and 8by order of ,judge ,lynch10 but it is so stated in every such case that death was inflicted4 ,a few typical instances of the use of the word will illustrate the point4 ,the ,st4 ,louis ,bulletin1 ,november #ba1 #ahce1 contained the following item3 8,fuller and ,bridges1 the men suspected of having kidnapped ,major ,dougherty's slaves 444 were soundly flogged1 or in other words--,lynched1 and set on the opposite side of the river1 with the positive assurance that1 if they were again found within the limits of the ,state of ,missouri1 their fate should be death by hanging40#agh ,niles' ,register for ,december #e1 #ahce 7#di3 #bbh7 heads a paragraph taken from the ,louisiana ,advertiser 8,more ,lynching40 ,the paragraph tells of the murder of ,john ,w4 ,brock by ,john ,joseph ,short1 who was 8tried in a summary manner1 and executed1 by hanging40 ,under the title 8,lynchers ,lynched0 the following language was used in the ,liberator for ,september #bd1 #ahcf 7#f3 #aee73 8,a party of from #f to #ab persons proceeded to the house of ,judge ,bermudez last night 444 their object being1 as it is supposed1 to assault or ,lynch the ,judge40 ,the following passage is from the ,liberator1 ,august #ag1 #ahch 7#h3 #aca73 8,lynching4 ,a man named ,john ,miles1 who hails from ,cincinnati1 received #ajj lashes in ,adams county1 ,mississippi1 for endeavoring to entice negroes away40 ,under the heading 8,horrible ,lynching0 the following item1 taken from the ,southern ,mississippi ,sun of the #aith ult41 appears in ,niles' ,register for ,december #ad1 #ahci 7#eg3 #bef73 8,crook and ,carter who were confined in the jail of ,scott county for murder1 have been taken by force from prison by some of the citizens of that county and hung6 ,it will be recollected that they once made their escape from the jail and were retaken4--,they were brought to ,rankin county two or three weeks since for trial1 but were remanded for want of some testimony4 ,the people have taken the law into their own hands1 and executed them without a trial40 ,the ordinary use of the term at this time was very well stated by ,philip ,hone when he wrote in his diary on ,august #b1 #ahce3 8,a terrible system prevails in some of the ,southern and ,western ,states1 which consists in 444 beating1 tarring and feathering1 and in some cases hanging the unhappy object of their vengeance1 and this is generally called #8,lynch's ,law4'0#agi ,instances may be cited showing that the term continued to be used in this way down to #ahfj4 ,niles' ,register for ,august #bd1 #ahdd 7#ff3 #dbh7 has this paragraph3 8,judge ,lynch4 ,four men1 ,rea1 ,mitchell1 ,white and ,jones1 were tried and condemned before his honor1 ,chief ,justice ,lynch1 on the #afth inst4 at ,south ,sulphur1 ,texas1 for killing two men and one boy of the ,delaware tribe of friendly ,indians4 ,they were executed under said sentence1 the next day1 in the presence of a large number of persons40 ,in the year #ahde there were some lawless proceedings in ,scott ,county1 ,missouri4 ,niles' ,register for ,july #bf1 #ahde 7#fh3 #cbe7 describes the occurrence in the following way3 8,a party of men 444 were charged with burning the houses1 stocks1 etc4 and doing other injuries to a man named ,lane4 ,some of his neighbors collected and caught several of the persons charged1 lynched them1 and ordered them to leave the county1 which they did4 ,a few days ago1 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 away40 ,the following item is taken from the ,st4 ,louis ,reveille for ,october #b1 #ahde3 8,it is reported that the two men named ,redman1 brothers1 with five others1 were recently arrested in the vicinity of ,davenport1 charged with the murder of ,colonel ,davenport4 ,suspicion was strong as to their guilt4 ,we have heard rumors that ,lynch law had been inflicted upon both the ,redmans since their arrest--that they both were hung40#ahj ,niles' ,register for ,january #ag1 #ahdf 7#fi3 #cbj7 gives the following3 8,lynching in ,florida4 ,a man by the name of ,yeoman1 accused of being a noted slave stealer--having been discharged by ,judge ,warren1 of ,baker ,county1 ,georgia1 on a writ of habeas corpus 444 on his arrival at ,jefferson ,county1 ,florida1 ninety citizens assembled and took a formal vote1 which stood #fg for and #bc against hanging him4 ,he was executed accordingly at #ab o'clock1 on the #b;d inst40#aha ,in #ahee several negroes were summarily executed by mobs in ,tennessee4 ,the ,liberator gives an account of these occurrences under the heading1 8,hanging ,negroes in ,tennessee by ,judge ,lynch's ,code40#ahb ,in the ,liberator1 ,january #ah1 #ahef 7p4 #ab71 it is stated that 8,judge ,thomas ,clingman1 of ,carroll county1 ,missouri1 was murdered1 about the middle of ,october1 by one of his field slaves4 ,the murderer was instantly hung by ,lynch law40 ,the ,liberator1 ,may #b1 #ahef 7p4 #gb71 contains this paragraph1 taken from the ,western ,herald3 8,lynch ,law in ,virginia4--,a man named ,william ,hornbeck1 living in ,lewis ,county1 ,virginia1 for the alleged ill-treatment of his family1 was lynched by the young men in the neighborhood1 one night last week4--,stripped of his clothing1 rode on a rail1 made to run through a briar patch1 a stout paddle used to keep him going1 and a coat of tar and feathers applied40 ,the ,liberator1 ,december #d1 #aheg 7p4 #aif7 copies the following account of the manner in which an abolitionist was lynched in ,mississippi3 8444 ,a crowd took him to the woods1 told him to strip1 carried to a hollow and tied around a tree4 ,he was then told what was their intention3 to lynch him until he told something4 ,the lashing was commenced by two who used straps fastened to sticks about #aj in4 long44440 ,the same issue of the ,liberator contains the following3 8,lynch ,law ,proceedings4--,in ,barton ,county1 ,southwestern ,missouri1 great excitement has recently existed on account of the doings of a set of lawless wretches called #8,slickers1' who pretended to be after a horse-thief1 but who #8slicked'#ahc or barbarously beat several men until their lives were despaired of1 and when women interfered1 some were badly beaten and others violated44440 ,the following paragraph appeared in the ,liberator1 ,december #ca1 #ahfj 7p4 #baa73 8,lynch ,law ,again4--,two white men named ,waters and a mulatto named ,wilson1 at ,mosely ,hall1 a village in ,north ,carolina1 were arrested a few days ago for hurraing for ,lincoln and the ,abolitionists and severely beating a citizen who remonstrated with them4 ,they were immediately tried by a jury1 who ordered them to be whipped1 and to have their heads shaved4 ,the verdict was carried out on the spot40 ,the use of the word lynch in a story entitled 8,jack ,long2 or lynch-law and vengeance10 which appeared in the ,american ,whig ,review for ,february1 #ahde1 purporting to be a true story of frontier life in ,shelby ,county1 ,texas1 fully bears out the assertion that 8to lynch0 was generally understood at that time to mean to whip or to maltreat4 ,according to the story a band of men calling themselves 8,regulators10 led by a ruffian1 terrorized the county4 ,once they lynched1 that is1 lashed to a tree1 whipped and beat1 ,jack ,long1 leaving him for dead4 ,he recovered and left the county in obedience to their orders1 but later came back and shot all but two of the 8,regulators40 ,it should be said1 however1 that the instances of the application of lynch-law which are given in ,niles' ,register and the ,liberator from #ahcj to #ahfj show an increase in the severity of the punishment administered4 ,as the slavery controversy went on and the breach widened between the ,north and the ,south1 it was but natural that such should be the case4 ,many people in the ,south felt that no punishment was quite severe enough for an abolitionist4 ,crimes committed by negroes were also treated with greater severity4 ,the following extract from a private letter1 dated ,houston1 ,texas1 ,august #bc1 #ahfj1 to a friend in ,hartford1 ,connecticut1 expresses a sentiment felt at that time in many sections of the ,south3 8,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 them4 ,i solemnly declare that to-day the negro is not as free as he was two or five years ago2 and why8 ,simply because his master has been goaded on to desperation by incendiary acts and speeches4 ,now he fears the negro1 and binds him down as you would a savage animal4 ,one year ago1 all was peace and quietness here4 ,the negro was allowed to go out1 to have dances and frolics2 to-day one dare not show his head after nine o'clock in the evening4 ,seven companies of patrols are organized and guard the city each night1 sixteen horse-patrol scour the country around4 ,forty-eight vigilance men say live1 banish or die1 as the proof may go to show4 ,and so it is all over the country4 ,men are hung every day by the decision of planters1 lawyers1 judges and ministers4 ,it is no hot impetuous act1 but cool1 stern justice4 ,it is the saving of wife and daughter1 mother and sister from the hand of desecration4 ,it is the stopping of scenes that would make the ,druses and ,turks blush for shame40#ahd ,at the time this letter was written1 and during the three years preceding1 there was a great deal of excitement in ,texas4 ,vigilance societies were in active operation against desperadoes and abolitionists4 ,in #aheg a vigilance committee in the 8upper country10 as it was then called1 was 8raking the country fore and aft and swinging every horse-thief and murderer10 that could be found4 ,a traveler saw twelve bodies suspended from one tree and on another tree five4#ahe ,in the summer of #ahfj there was an insurrection and conspiracy in ,dallas1 ,ellis1 ,tarrant and ,denton counties1 in northern ,texas4 ,the three ringleaders1 ,sam1 ,cato1 and ,patrick1 were hung by a vigilance committee on ,july #bd4 ,twenty-two insurrectionists in all were said to have been hanged4#ahf ,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 expressed4 ,when drawing any conclusions from the instances recorded in the newspapers as to the history of lynch-law during this period1 there is another fact to be kept in mind4 ,during the later years the facilities for obtaining news were greatly increased2 the means of communication between different parts of the country were very much improved and the number of newspapers published had rapidly increased4 ,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' ,register4 ,there is1 however1 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 severe1 death being frequently inflicted during the later years4 ,the ,parkville 7,mo47 ,democrat made the following statement in the year #ahef3 8,deeds of daring and outrages perpetrated by negroes1 are constantly becoming more frequent4 ,we hope that the proper authorities will see to it that all such cases are punished to the extent of the law40#ahg ,the ,liberator for ,may #b1 #ahef 7p4 #gb7 contains an item which reads in this way3 8,in ,hancock ,county1 ,la41 ,samuel ,l4 ,watson1 a negro overseer1 whipped one of the negroes under him1 and a few days after1 the negro caught him in a field and beat him with a club till he died4 ,the tragedy closed in the usual way1 by the summary hanging of the negro by the populace40 ,there are indications1 therefore1 that crime was on the increase among the negroes at this time and that the whites had cause for inflicting more rigorous punishment4 ,the following editorial appeared in the ,liberator1 ,december #ai1 #ahef 7p4 #bjd73 8,a record of the cases of #8,lynch ,law' in the ,southern ,states reveals the startling fact1 that within twenty years1 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 consciences1 as to the morality and expediency of slavery40 ,if this figure may be accepted as reliable for the whites1 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 occurred4 ,the summary execution of negroes did not1 however1 become a serious evil previous to the ,civil ,war4 ,so long as the negroes were valuable as slaves1 it was a direct economic loss to the slave-holder if an able-bodied slave were put to death4 ,in general1 it was only in cases of real or supposed conspiracy against the whites1 or in cases of insurrection1 that the negroes were killed in a summary manner4 ,such was the case in ,virginia at the time of the ,nat ,turner insurrection2 such was the case in ,mississippi in #ahce when it was discovered that the ,murrell gang had laid plans for a general uprising among the slaves4 ,a similar condition of affairs existed in northern ,texas in #ahfj1 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 masters4 ,damages were sometimes claimed by owners for the loss of their slaves through illegal procedure4 ,a suit was instituted in the year #aheg in the ,jefferson ,circuit ,court of ,kentucky against the city of ,louisville for the value of the slaves ,george1 ,bill1 and ,jack1 the murderers of the ,joyce family4 ,george and ,bill had been hung by an infuriated mob1 and ,jack had cut his own throat in jail1 in order to escape the fate which befell his companions4 #a1ejj each was claimed as damages by the owners of the negroes4 ,the ,louisville ,courier in commenting upon the case said the suit would be of interest and importance1 involving some delicate principles of law4#ahh ,in #aheh a vigilance committee was established in ,shelby ,county1 ,kentucky1 whose method of procedure was described as follows3 8,they order white men and free negroes who have been concerned in evil deeds1 to leave the county within three days4 ,any property belonging to a white man is to be appraised by three disinterested persons1 and the price paid1 after such person has been directed to leave the county4 ,slaves who are vicious must be removed1 also1 from ,shelby county1 by their masters40#ahi ,the property right in the slaves was generally recognized in cases where they committed offenses against a neighbor or a neighbor's slaves4 ,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 settlement1 without going through any formal legal procedure4 ,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 eve1 #ahef4aij ,an examination of the files of the ,liberator shows that1 during the ten years #ahcj-ahdj1 in cases where masters1 overseers1 or mistresses were murdered by slaves1 the law was allowed to take its course almost without exception4 ,the same is true in the case of rape committed upon white women by negroes4 ,the record stands1 three slaves and one free negro legally executed for rape and two slaves legally executed for attempted rape4 ,there are some instances reported of summary punishment1 not death1 being administered to negroes for inducing white girls to run away with them1 or for living with white women4 ,there were also three instances of burning negroes at the stake during this period4 ,these cases have been described above3 one was the burning of two slaves near ,mobile1 ,alabama1 for murdering two children2 another was the burning of the free mulatto at ,st4 ,louis for killing an officer2 and the other was the burning of a slave in ,arkansas for the murder of his master4 ,for the ten years #ahej-ahfj1 the record is somewhat different4 ,out of forty-six negroes put to death for the murder of owners or overseers1 twenty were legally executed and twenty-six were summarily executed4 ,of the latter1 one was a female slave who was taken from the constable and hanged upon a tree for the crime of beating her mistress to death1 and another was a negro woman who was burned to death for poisoning her master4 ,eight of the remaining twenty-four negroes were summarily executed by being burned at the stake4 ,for the crime of rape upon white women1 three negroes were legally executed1 and for attempted rape two were legally executed2 while twelve negroes were more or less brutally put to death by mobs for having committed the crime4 ,of the latter1 four were burned at the stake1 three of whom had committed the double crime of rape and murder4 ,some other instances of rape and of attempted rape are reported1 but no statement is made as to the manner or the nature of the punishment inflicted4 ,it cannot be said1 however1 that these cases of the infliction of capital punishment upon negroes without process of law were anything more than sporadic and isolated cases4 ,they were scarcely more than local in their influence4 ,the most important thing brought to light by the above comparison of the two ten-year periods is the tendency1 in the later period1 toward less reliance on legal procedure and toward greater readiness on the part of the people to take matters into their own hands4 ,the newspapers in the fifties not only frequently excused summary procedure but often openly advocated it4 ,one instance only will be cited and it is from a southern newspaper4 ,in #ahef1 a ,mr4 ,pearce1 residing in ,morgan ,county1 ,georgia1 attempted to give one of his negroes a flogging for some misdemeanor4 ,the negro picked up an ax and at one blow split his master's head open4 ,he then fled4 ,while he was still at large the ,madison ,messenger printed the following3 8,beyond doubt he will be captured before many hours4 ,if he is1 although we admire submission to the course pointed out by the law of the land1 in this case so much of the brute has been manifested1 we should be glad to see our citizens rise en masse1 and avail themselves of ,lynch law1 and hang the rascal without court or jury40#aia ,the preceding paragraphs have made it clear that negroes occasionally suffered death under lynch-law previous to the ,civil ,war4 ,it was not common1 however1 to characterize the summary hanging of negroes as lynching4 ,such occurrences were neither common nor general enough to give to the verb lynch its modern meaning1 even though they had been always designated as lynchings4 ,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 sense4 ,the vigilance committees which were then common in that section of the country often hung desperadoes and horse-thieves1 and frequently when such persons were thus executed they were said to have been lynched4 ,a paragraph in the ,liberator1 ,november #i1 #ahfj 7p4 #agi71 has the heading3 8,four men ,lynched in ,texas40 ,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 ,county1 and refers to the 8many accounts of lynchings in ,texas40 ,howitt's ,journal for ,february #ab1 #ahdh 7#c3 #aji71 contains an article entitled 8,american ,lynching--,the ,desperadoes of the ,south-,west40 ,the article is really a review of a book published under the title 8,the ,desperadoes of the ,south-,west10 which1 according to the reviewer1 gives a picture of the state of society in that section of the ,united ,states4 ,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 had1 and the exasperating delays and postponements brought about by pettifogging lawyers4 ,the author describes the operation of lynch-law at that time in the following words3 8,then1 after all other means of redress have been exhausted1 the honest1 hard-working portion of the community organize themselves into a community of lynchers1 elect a captain1 appoint a committee1 and1 as they say1 #8take justice into their own hands4'444 ,the company of lynchers once formed1 they proceed to the execution of summary justice4 ,it is easy to see what sad work they must make of it1 rendered furious1 as they have been1 by multitudinous wrongs4 ,and accordingly1 they whip1 bang1 torture1 burn1 flay alive2 and however they may begin1 end at last by acting like a band of savages4 ,what else could be expected of such men1 however honest1 however merciful1 stung to ungovernable rage by so many injuries1 and now placed as judges in their own case1 in a position beyond responsibility8 ,by and by1 the more cunning rogues take shelter under their protection1 and bawl out the loudest for justice4 ,then the fruit of ruin is ripe4 ,men accuse their enemies of the most appalling crimes1 in order to glut feelings of private revenge4 ,a hypocritical zeal for honesty becomes the cloak for rapine and murder4 ,vengeance supplants law1 and brute force and fury trample down all show of order4444 ,but the force is never wholly on one side only4 ,the lynchers1 or #8regulators1' as they are often called1 soon find that their foes organize also2 arm themselves1 and prepare for systematic resistance1 under the denomination of #8moderators4' ,then commences a guerilla warfare as dark and deadly in its hate1 as the old ,english contest between the ,red and the ,white ,roses4 ,it is a war of utter extermination40 ,chambers' ,journal for ,february #ag1 #ahee 7#bc3 #aja7 contains an article entitled 8,american ,jottings4 ,eccentricities in criminal jurisprudence--,lynch ,law40 ,the following quotations are both illustrative and instructive3 8,a respect for law and order is as conspicuous in general circumstances in the greater part of the ,united ,states as it is in ,england4 ,this much may be said without prejudice to the fact1 that very strange things occasionally come to pass1 particularly in the south and west1 in violation of the regular course of justice4444 ,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 ,law1 in which respect ,american society1 in the more newly settled parts of the country1 may be said to be at the stage of the rough populace of ,edinburgh when they interrupted the ordinary course of justice1 and laid violent hands on ,captain ,porteous4 ,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 time1 of course1 being proportioned according as the administrators of that law are in themselves unworthy of respect4 ,the ancient venality of judges and juries in ,scotland1 now the theme of romance1 would appear to be still matched on the banks of the ,mississippi1 and sometimes1 as popular feeling inclines1 it leads to similar results4444 ,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 society4 ,when judges and courts are leagued with desperadoes1 or when peculiar difficulties stand in the way of a prompt administration of justice1 the public1 in self-defense1 feel impelled to interfere4 ,at the settlement of ,california1 and before society had time to establish regular tribunals1 or to give due efficacy to the law1 life and property would not have been safe for a moment1 unless a ,vigilance ,committee had charged itself with the duty of lynching4 ,even when1 in such newly opened territories1 judges are appointed1 only a small advance is made towards a vigorous legal administration4 ,of ,american judges it needs to be recollected that their position is often not such as to command respect4 ,a judge of the supreme courts in ,england is a being aloof in every respect from the people1 and he scrupulously abstains from interference personally in matters which might by possibility come before him in his judicial capacity4 ,an ,american judge1 on the other hand1 is not dissevered from the ordinary action of society2 and if he looks forward to a governorship1 or some other high function1 he requires to cultivate a certain popularity40 ,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 fifties4 ,the quoted passages likewise indicate the attitude of public sentiment at that time toward such proceedings and the frequency of their occurrence4 ,the tendency for vigilance societies organized in the interests of law and order to pass quickly into the control of the lawless and the vicious1 or for counter-organizations to be formed by the lawless element in the population1 is also given due prominence4 ,the ,vigilance ,committee movement in the ,west attained its highest state of organization and effectiveness under the ,san ,francisco ,committees of ,vigilance of #ahea and of #ahef4 ,the discovery of gold in #ahdh had brought to ,california in a few years men from all parts of the world4 ,national characteristics came into conflict4 ,mexicans1 ,frenchmen1 ,irishmen1 and ,americans were suddenly thrown together in a virgin territory4 ,the establishment of civil government and judicial tribunals could not keep pace with the rapid increase in population4 ,when such civil government was begun1 the control which the vicious and corrupt element in the population was able to exercise over it rendered it ineffectual4 ,it was a time of social irresponsibility1 and serious crimes were of common occurrence4 ,out of five hundred and thirty-five homicides which occurred in ,california during the year #ahee1 there were but seven legal executions4#aib ,it was under these conditions and on the ground that some such organization was necessary to bring about order and security1 that the two ,san ,francisco ,vigilance ,committees were organized4 8,each hanged four men and banished about thirty4 ,each rescued two prisoners from the county jail by means of surprise parties4444 ,the crimes committed by the victims of the first tribunal were against property and life1 while those of the second were strongly tinctured with political immorality4444 ,the reformation of #ahea was superficial and temporary2 that of #ahef radical and permanent40#aic ,on the whole1 though the measures taken seem extreme1 these committees accomplished their end remarkably well1 and it is to their credit that they promptly disbanded when their time of usefulness had passed4 ,committees of ,vigilance were formed elsewhere than in the city of ,san ,francisco1 however4 ,many places in ,california during the early history of the ,state had similar committees1 though outside of ,san ,francisco they were usually organized only temporarily to deal with particular cases4 ,similar 8,popular ,tribunals0 existed in ,utah1 ,nevada1 ,oregon1 ,washington1 ,idaho1 ,montana1 ,arizona1 ,new ,mexico1 and ,colorado during the early period of their settlement4 ,bancroft says at the close of his first volume on ,popular ,tribunals3 8,i have given in this volume many examples of ,popular ,tribunals1 but the half has not been told4 ,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 it40 ,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 #ai1 #ahfd1 written under the title 8,judge ,lynch40 ,the opening sentences are as follows3 8,our fellow-citizens in the far ,west1 in the mineral territories bordering upon the ,rocky ,mountains1 and in those on the other side of the mountains1 are holding ,lynch courts in extraordinary number1 and carrying out the decrees of that ferocious judge with unprecedented energy4 ,our latest files from the distant regions of ,idaho1 ,nevada1 ,utah1 c41 contain accounts of executions in numbers that we think were never equalled even in the early days of ,california settlement1 nor in any part of the ,west40 ,then follows a recital of various instances1 twenty or more robbers and murderers hung in ,idaho ,territory1 four murderers hung by a 8,citizens ,association0 in the ,territory of ,nevada1 c4 ,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 ,states4 ,as a condition to their admission an irrevocable ordinance was provided prohibiting slavery1 and the writer of the editorial remarks1 8we think lynching might have been added40 ,lynch-law prevailed to a large extent1 also1 during the border troubles attending the outbreak of the ,civil ,war4 ,particularly was this the case in ,kansas where1 along with the guerrilla warfare that went on for a number of years1 many instances of summary procedure occurred that may be properly classified under lynch-law4 ,a correspondent of the ,new ,york ,tribune in ,lawrence1 ,k4 ,t41 wrote on ,may #cj1 #aheh3 8,there is a very general disposition to pass over the helplessly useless forms of ,territorial law and corrupt ,federal courts1 and try these parties 7i4e41 horse-thieves7 by ,lynch law40#aid ,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 ,states4 ,bodies of citizens1 organized secretly or openly under the names of 8vigilance committees10 8vigilance societies10 8vigilantes10 8regulators10 8law-and-order men10 8,citizens' ,associations10 c41 punished with summary severity horse-thieves1 cattle-thieves1 highway robbers1 counterfeiters1 burglars1 and swindlers1 as well as murderers4 ,certain rude forms of trial were generally observed1 acquittals were rare but not entirely unknown1 and the punishment was usually death by hanging4 ,the frequency with which lynch-law was resorted to at this time is to be referred1 both to the lack of a well established civil government1 and to a doubt on the part of the people as to the adequacy of the ordinary legal machinery4 ,it was the use of the word lynching in connection with these summary proceedings against white men of desperate character1 the criminals of the frontier region west of the ,mississippi1 during the period of settlement1 that first gave to it its modern meaning of putting to death4 ,after the ,civil ,war1 when the ,southern ,states were being reconstructed and the whites were threatened with negro domination1 summary practices were adopted against the negroes4 ,the negro had ceased to be valuable as property and was looked upon as a dangerous political factor in the community2 to take his life was thought to be the easiest and quickest way to dispose of him4 ,the adoption of this plan in many parts of the ,south gave for the word lynching a new application4 ,since the ,reconstruction ,period1 then1 to lynch has generally meant to put to death4 ,the infliction of any minor punishment without legal trial still constitutes lynch-law1 but the simple term 8lynching0 usually implies capital punishment4 ,it is in this sense that the term will be used throughout the remainder of this investigation4 ,,chapter ,v ,,the ,,reconstruction ,,period ,a civil war is worse in many respects than a foreign war4 ,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 foe1 the internal organization of the society is strengthened4 ,a civil war1 on the contrary1 shakes the very foundations of the social structure4 ,the antagonism of interests which brings on and attends a civil war weakens every social bond and tends to disorganize the society4 ,hence1 a longer period of time is required for the effects of internal dissension to be obliterated4 ,the feelings engendered by such a war are not easily overcome either by the victors or by the vanquished4 ,for men who have fought against each other on the battle-field1 quietly to lay aside their arms and at once enter into business and social relations1 requires an amount of magnanimity and forbearance that human nature in general does not possess4 ,at the close of the ,civil ,war in the ,united ,states1 the ,south was in a much weaker condition than the ,north4 ,an attempt had been made to set up a new and separate government1 but the attempt had failed utterly4 ,the ,union armies had overrun whole sections of the ,south and left the country desolate4 ,the ,emancipation ,proclamation had put an end to the institution of negro slavery on which the whole organization of ,southern society had rested4 ,out of the ruins of the old must arise a new society organized on an entirely different basis4 ,it was inevitable that there should be social disturbances and acts of violence while so great a change was in progress4#aie ,before the passions of war had subsided1 however1 and an opportunity had been given the ,southerners to accommodate themselves to the new order of things1 new causes for irritation and animosity appeared4 ,politically1 the reconstruction policy adopted by the ,federal ,congress1 by its lack of wisdom and of efficient leadership1 brought continued humiliation and annoyance4 ,socially1 there were two causes of vexation and exasperation which the people were in no mood to bear4 ,the class of individuals known as 8carpet-baggers10 by reason of their mercenary and malicious conduct1 aggravated the people beyond endurance4 ,the second disturbing element was the negroes4#aif ,the history of the reconstruction period--the mistakes1 the misunderstandings1 the hostility as between the whites of the ,north and of the ,south2 the criminal dishonesty and knavery of the 8carpet-bag governments02 the ignorance and lawlessness prevailing among the negroes--all this may be read elsewhere4 ,without attempting to fix the blame for the anomalous condition of affairs1 it is sufficient here to point out that the administration of civil law was only partially and imperfectly re-established1 and that for that reason1 and for other reasons1 there was an unusual amount of disorder and violence prevailing over the country4 ,the proof of this is to be found not only in the daily newspapers1 but also in the records of the proceedings and debates in ,congress during the twelve years from #ahfe to #ahgg1 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 conspiracy4#aig ,it is to this so-called ,ku-,klux conspiracy that attention is here to be directed4 ,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 detail4#aih ,in ,may1 #ahff1 a number of young men in the town of ,pulaski1 in ,giles ,county1 ,tennessee1 formed a secret society for the purpose of diversion and amusement to which they gave the name 8,ku-,klux ,klan40#aii ,the mystery connected with the name--mysterious because it was meaningless and alliterative--gave it a peculiar potency4 ,this was manifest not only in the impression made by it on the general public1 but likewise in the weird influence that it had on the members of the ,klan themselves4 ,they had adopted a mysterious name2 thereupon the original plan was modified so as to make everything connected with the order harmonize with the name4 ,amusement was kept as the end in view1 but the methods by which they were to obtain it were those of secrecy and mystery4 ,when the report of the committee on rules and ritual came up for consideration1 the recommendations were modified to adapt them to the new idea4 ,the report as finally adopted provided for the following officers3 a ,grand ,cyclops or ,president1 a ,grand ,magi or ,vice-,president1 a ,grand ,turk or ,marshal1 a ,grand ,exchequer or ,treasurer1 and two ,lictors who were the outer and inner guards of the 8,den10 as the place of meeting was designated4 ,the members bound themselves by oath to maintain profound and absolute secrecy with reference to the order and everything pertaining to it4 ,this obligation prohibited those who assumed it from disclosing that they were ,ku ,klux1 or the name of any other member1 and from soliciting any one to become a member4 ,each member was required to provide himself with the following outfit3 ,a white mask1 a tall cardboard hat so constructed as to increase the wearer's apparent height1 a gown or robe of sufficient length to cover the entire person4 ,the matter of color and material was left to the individual's taste and fancy1 and each selected what in his judgment would be the most hideous and fantastic4 ,each member carried also a small whistle with which1 by means of a code of signals agreed upon1 they held communications with one another4 ,the 8den0 was at first in the law office of a member of the ,pulaski bar1 where the suggestion for the formation of the ,klan had been made4 ,but the room was small1 and it was too near the business portion of the town to be a suitable place for meeting4 ,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 cyclone4 ,underneath the portion that remained standing was a large cellar4 ,no other houses stood near1 and around these ruins were the storm-torn1 limbless trunks of trees which had once formed a magnificent grove4 ,this dreary1 desolate and uncanny place was in every way most suitable for a 8den10 and the ,klan appropriated it4 ,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 town4 ,these were dressed in the fantastic regalia of the order and bore tremendous spears as the badge of their office4 ,at the close of the war1 when the young men of the ,south who had escaped death on the battle-field returned to their homes1 they passed through a period of enforced inactivity4 ,they could not engage at once in business or professional pursuits4 ,in the case of many1 business habits were broken up4 ,few had capital to enter mercantile or agricultural enterprises4 ,there was also a total lack of the amusements and social diversions which prevail wherever society is in a normal condition4 ,the reaction1 therefore1 which followed the excitement of army scenes and service was intense4 ,it is not strange1 then1 that this secret society with its mysterious name and grotesque disguises should awaken profound curiosity in the town of ,pulaski4 ,by means of subterfuges members were easily secured without direct solicitation and the order rapidly increased in size4 ,by the time the eligible material in the town had been used up1 the young men from the country1 whose curiosity had been inflamed by the newspaper notices1 began to come in and apply for admission to the ,klan4 ,then 8dens0 were established at various points in the country4 ,sometimes a stranger from other parts of ,tennessee1 or from ,mississippi1 ,alabama1 or ,texas1 visiting in a neighborhood where the order prevailed1 would be initiated and on his departure carry with him permission to establish a 8den0 at home4 ,in fact this was often done without such permission1 and thus the connecting link between these 8dens0 was very fragile4 ,it was only by a sort of tacit agreement that the ,pulaski ,klan was regarded as the source of power and authority4 ,this was the condition of affairs in ,april1 #ahfg4 ,during the fall and winter of #ahff1 the growth of the ,klan had been rapid1 and it had spread over a wide extent of territory4 ,so far there had appeared no need for a compact organization1 rigid rules1 and close supervision4 ,the leading members of the ,klan were contemplating nothing more serious than amusement4 ,they enjoyed the baffled curiosity and wild speculations of a mystified public even more than the rude sport afforded by the ludicrous initiations4 ,about this time the combined operation of several causes led to the transformation of the ,ku-,klux ,klan into a band of 8regulators40 ,these causes may be grouped under three heads3 7#a7 ,the impressions made by the order upon the minds of those who united with it2 7#b7 ,the impressions upon the public by its weird and mysterious methods2 7#c7 ,the anomalous and peculiar condition of affairs in the ,south at this time4 ,the prevalent idea seems to have been that the ,klan contemplated some great and important mission4 ,when admitted to membership this conclusion1 in the case of many1 was deepened rather than removed by what they saw and heard4 ,there was nothing in the ritual or the obligation or in any part of the ceremony to favor such a conclusion2 but the impression still remained that this mysteriousness and secrecy1 the high-sounding titles of the officers1 the grotesque dress of the members1 and the formidable obligation1 all meant more than mere sport4 ,each had his own speculations as to what was to be the character of the serious work which the ,klan had to do1 but many were satisfied that there was such work4 ,when the meetings first began to be held in the dilapidated house on the hill passers-by were frequent4 ,most of them passed the grim and ghostly sentinel by the roadside in silence1 but always with a quickened step4 ,occasionally one would stop and ask3 8,who are you80 ,in awfully sepulchral tones the invariable answer was3 8,a spirit from the other world4 ,i was killed at ,chickamauga40 ,such an answer1 especially when given to a superstitious negro1 was extremely terrifying and if1 in addition1 he heard the uproarious noises issuing from the 8den0 at the moment of a candidate's investiture with the 8regal crown10 he had the foundation for a most awe-inspiring story4 ,there came from the country similar stories4 ,the belated laborer1 passing after nightfall some lonely and secluded spot1 heard horrible noises and saw fearful sights4 ,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 people1 at mention of the ,ku-,klux1 was one of awe and terror4 ,in the country it was noticed that the nocturnal perambulations of the colored population diminished or entirely ceased wherever the ,ku-,klux appeared4 ,in many ways there was a noticeable improvement in the habits of a large class which had hitherto been causing great annoyance4 ,in this way the ,klan gradually realized that the most powerful devices ever invented for controlling the ignorant and superstitious were in their hands4 ,even the most highly cultured were unable wholly to resist the weird and peculiar feeling which pervaded every community where the ,ku-,klux appeared4 ,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 property4 ,the very force of circumstances carried the ,klan away from its original purpose1 so that in the summer of #ahfg it was virtually a band of regulators1 honestly1 but in an injudicious and dangerous way1 trying to protect property and preserve peace and order4 ,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 purpose4 ,some abuses of what was by common consent the law of the ,klan and some other evils had already made their appearance4 ,it was hoped also that this danger could be effectually guarded against by reorganization4 ,with these objects in view the ,grand ,cyclops of the ,pulaski 8den0 sent out a request to all the 8dens0 of which he had knowledge1 to appoint delegates to meet in convention at ,nashville1 ,tennessee1 early in the summer of #ahfg4 ,at the time appointed this convention was held and delegates were present from a number of ,states4 ,a plan of reorganization1 previously prepared1 was submitted to this convention and adopted4 ,the territory covered by the ,klan was designated as the 8,invisible ,empire40 ,this was subdivided into 8realms0 coterminous with the boundaries of the ,states4 ,the 8realms0 were divided into 8dominions10 corresponding to congressional districts1 the 8dominions0 into 8provinces0 coterminous with counties1 and the 8provinces0 into 8dens40 ,the officers were the ,grand ,wizard of the ,invisible ,empire and his ten ,genii1 the ,grand ,dragon of the ,realm and his eight ,hydras1 the ,grand ,titan of the ,dominion and his six ,furies1 the ,grand ,cyclops of the ,den and his two ,night ,hawks1 and other minor officers4 ,the declaration of principles and objects prescribed loyalty to the ,united ,states government and opposition to lawlessness and violence of every kind4 ,no material change was made in the methods of the ,klan's operations4 ,the essential features of mystery1 secrecy1 and grotesqueness were retained1 but steps were taken with a view to deepening and intensifying the impressions already made upon the public mind4 ,henceforth the ,ku-,klux courted publicity as assiduously as they had formerly seemed to shun it4 ,they appeared at different points at the same time and always when and where they were least expected4 ,devices were multiplied to deceive people in regard to their numbers and to play upon the fears of the superstitious4 ,on the night of ,july #d1 #ahfg1 public parades were made in many towns in ,tennessee4 ,for several years there existed in the ,south a spurious and perverted form of the 8,union ,league40 ,against this organization the ,ku-,klux directed their efforts1 and this has given color to the assertion that the ,ku-,klux ,klan was a political organization having only political ends in view4 ,the 8,union ,leagues0 in the ,south1 or the 8,loyal ,leagues0 as they were sometimes called1 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 men1 the 8carpet-baggers0 and 8scalawags40 ,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 society4 ,in justification of the devices which were used to terrorize the negroes1 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 penitentiary1 but it was the only way at this time by which they could be controlled4 ,the jails would not contain them2 the courts could not or would not try them4 ,at first the ,klan seemed to exercise a wholesome influence1 but the good effect was short-lived4 ,the order contained within itself sources of weakness4 ,the devices and disguises by which the ,klan deceived outsiders enabled all who were so disposed1 even its own members1 to practice deception on the ,klan itself4 ,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 ,klan4 ,many deeds of violence were thus done by men who were ,ku-,klux1 but who1 while acting under cover of their connection with the ,klan1 were not under its orders4 ,in addition to this the very class which the ,klan proposed to hold in check and awe into good behavior soon became wholly unmanageable4 ,those who had formerly committed depredations to be laid to the charge of the negroes1 after a brief interval of good behavior1 assumed the guise of ,ku-,klux and returned to their old ways4 ,outrages were committed by masked men in regions far remote from any ,ku-,klux organizations4 ,secrecy was the strength of the ,ku-,klux ,klan so long as it was conjoined with mystery1 but when the masks and disguises ceased to be mysterious1 secrecy was its greatest weakness4 ,causes were at work also which led the ,klan to adopt measures of greater severity4 ,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 used4 ,they felt that the charge of wrong was unfairly brought against them1 and1 as is frequently the case1 they were carried beyond the limits of prudence and right by a hot zeal for self-vindication against unjust aspersions4 ,the mystery and secrecy that had been courted by the ,klan led to the ,klan and its objects being wholly misunderstood and misinterpreted4 ,many people were sure that the ,klan meant treason and revolution4 ,a feeling of intense hostility succeeded the first impressions of awe and terror which the ,klan had inspired4 ,the negroes formed organizations of a military character the avowed purpose of which was 8to make war upon and exterminate the ,ku-,klux40 ,on several occasions the ,klan was fired into4 ,the effect of such attacks was to provoke counter hostility from the ,klan1 and so there was irritation and counter irritation till in some places the state of things was little short of open warfare4 ,matters continued to grow worse until it was imperatively necessary that there should be interference on the part of the government4 ,in ,september1 #ahfh1 the legislature of ,tennessee1 in obedience to the call of ,governor ,brownlow1 assembled in extra session and passed a most stringent anti-,ku-,klux statute4 ,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 counties4 ,in ,march1 #ahfi1 the ,grand ,wizard of the ,invisible ,empire issued a proclamation to his subjects4 ,this proclamation recited the legislation directed against the ,klan and stated that the order had in large measure accomplished the objects of its existence4 ,at a time when the civil law afforded inadequate protection to life and property1 when robbery and lawlessness of every description were unrebuked1 when all the better elements of society were in constant dread for the safety of their property1 persons1 and families1 the ,klan had afforded protection and security to many firesides and in many ways contributed to the public welfare4 ,but greatly to the regret of all good citizens1 some members of the ,klan had violated positive orders2 others1 under the name and disguises of the organization1 had assumed to do acts of violence1 for which the ,klan was held responsible4 ,the ,grand ,wizard had been invested with the power to determine questions of paramount importance to the interests of the order4 ,therefore1 in the exercise of that power1 the ,grand ,wizard declared that the organization that had been known as the ,ku-,klux ,klan was dissolved and disbanded4 ,for several years after ,march1 #ahfi1 the papers reported and commented on 8,ku-,klux outrages0 committed at various places4#bjj ,the authors of these outrages no doubt acted in the name of the ,klan and under its disguises1 and it may be that in some cases they were men who had been ,ku-,klux1 but it cannot be charged that they were acting by the authority of the order4 ,the report of the joint committee of ,congress appointed to investigate the 8,ku-,klux conspiracy0 records a great deal of lawlessness and violence during the period #ahff-ga1 a part of which may be justly attributed to the ,klan4 ,the greater part of the outrageous conduct attributed to the ,klan belongs to a date subsequent to its disbandment1 and is chargeable merely to the influence of the operations of the ,klan4 ,as one writer has put it1 the birth of this order was an accident1 its growth a comedy1 and its death a tragedy4 ,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 account4 ,in this discussion of the conditions in the ,southern ,states which promoted recourse to lynch-law1 it must not be forgotten that at the same time the frontier type of lynch-law was in vogue in the ,west4 ,the tide of immigration toward that part of the ,united ,states1 which had set in early in the fifties1 continued with increased vigor after the close of the ,civil ,war4 ,while the establishment of ,territorial government1 followed by admission to the ,union and ,state government1 was remarkably expeditious in the ,west1 yet there was constant occasion for recourse to lynch-law against desperadoes and persons guilty of stealing live stock4 ,in other sections of the country1 also1 lynch-law was in operation4#bja ,the following statistics1 obtained from an examination of the files of the ,new ,york ,times for the three years1 #ahga-gc1 give some idea of the distribution and character of lynchings at that time#bjb3 ,kentucky3 #b negroes hung for rape1 #a white hung for rape1 #a negro hung for murder1 #c negroes shot by masked men1 #a negro 8murdered0 by ,ku-,klux4 ,tennessee3 #b negroes hung for robbery and arson1 #a negro shot and hung for robbery and murder1 #a negro shot for attempted outrage1 #a negro hung and shot for murder1 #a white shot for murder of wife4 ,missouri3 #e horse thieves hung1 #a negro hung for outrage1 #a white hung for murder1 #c whites hung for murder and robbery1 #c whites shot for defending and being bondsmen of county officials accused of peculation4 ,california3 #b whites hung for murder1 #a white hung and shot for murder1 #a ,indian hung for murder1 #a ,malay 7steward of steamer7 shot and thrown overboard near coast of ,california for ravishing sick girl1 eleven years old4 ,montana3 #b whites hung for murder4 ,louisiana3 #d negroes hung for murder1 #c horse thieves hung4 ,virginia3 #a desperado1 horse thief and murderer hung4 ,alabama3 #a white shot for murder4 ,south ,carolina3 #b whites shot for murder1 #aj negroes shot and hung by ,ku-,klux4 ,nevada3 #a desperado hung1 #a white hung for killing man in saloon row4 ,wisconsin2 #a white hung for murder4 ,indiana3 #c negroes hung for murder1 #a white hung for murder4 ,nebraska3 #a negro and #a white man 8killed0 for robbery and shooting woman4 ,kansas3 #b whites hung for murder1 #a desperado and #a horse thief 8killed in jail40 ,colorado3 #b whites hung for keeping gambling outfit4 ,michigan3 #b whites died from beating which they received for killing a man in a ,german-,irish riot on the streets4 ,ohio3 #b whites hung for murder4 ,maryland3 #a negro hung for arson4 ,total3 #da whites1 #cb negroes1 #a ,malay1 #a ,indian4 ,the majority of those lynched in these three years1 as given by the ,times1 were forcibly taken from the custody of officers of the law4 ,in some instances1 the jails were broken into1 and the prisoners were taken out and hanged or were killed in the jail2 in other instances1 the prisoners were taken from the officers and put to death before they could be taken to the jail4 ,some of the lynchings were carried on by vigilance societies1 others by mobs of masked persons or by 8,ku-,kluxes40 ,with two exceptions1 nothing is said in the reports of these lynchings about any attempts to take legal action against the lynchers4 ,in the two instances where attempts were made to prosecute the lynchers1 it does not appear that there was any measure of success4 ,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 ,war1 and that the ordinary penalty inflicted was death4 ,it was1 however1 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-law4 ,the reconstruction of the ,southern ,states has been rightly characterized as 8one of the worst periods of misgovernment and maladministration in the history of any civilized community40#bjc ,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 races1 but made negro domination a real evil and an imminent danger4 ,the ,southern planters considered themselves justified in resorting to summary measures as a means of protecting their property and their families4 ,both the social and the political conditions in the ,south were such as to give a distinctively new impulse to the lynching spirit4#bjd ,it is true that the extreme measures taken under ,ku-,klux disguises never received the approval of the mass of the ,southern people1 but1 on the other hand1 few determined efforts were made by the civil authorities in the ,southern ,states to bring ,ku-,klux offenders to justice4 ,the outrage upon freedmen1 persons of ,northern origin and ,southerners accused of favoring the reconstruction acts of ,congress1 were not stopped until after ,congress had passed the so-called 8force bill0 in #ahga4 ,by this measure the jurisdiction of the ,federal courts was extended to ,ku-,klux cases1 and the ,president was authorized to suspend the writ of habeas corpus when necessary to preserve order4 ,the ,federal troops were not entirely withdrawn from the ,south until #ahgg4 ,as a result of the doings of reconstruction times1 habits of lawlessness have been perpetuated at the ,south1 the effect of which is still to be seen4 ,the disguises introduced by the ,ku-,klux#bje have frequently given security against identification at lynchings in recent years4 ,the modern 8,white ,caps10 so well known in the central and eastern ,states as well as in the ,south1 though they are merely local and generally only temporary organizations1 use the same methods that were employed by the ,ku-,klux4 ,the 8,white ,caps0 may be regarded as the successors of the ,ku-,klux4 ,,chapter ,,vi ,,lynchings ,in recent years1 particularly since about the year #ahia1 much has been said and written upon the subject of lynching4 ,explanations and excuses have been offered for the prevalence of the practice in the ,south and in other parts of the country4 ,remedies and means for the suppression of lynchings have been freely and widely discussed4 ,most of the literature1 however1 shows a strong sectional or partisan spirit1 and is1 in reality1 but little more than the expression of personal opinion4 ,scarcely any attempt has been made to present the general facts relating to the practice of lynching for any considerable length of time4 ,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 this1 that some facts of a statistical nature were very much needed4 ,the first plan that suggested itself was to make a personal investigation of the cases of lynching that have occurred in recent years1 to interview personally or to correspond with individuals acquainted with the facts in such occurrences1 and thus get some reliable data4 ,such a plan1 however1 has by trial been found impracticable4 ,mr4 ,george ,c4 ,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 #ahib1 and a record made of all the instances of lynching reported there4 ,his experience can best be given in his own words4 ,he says3 8,after obtaining a list of the cases reported in the ,times1 ,i drafted a circular letter of inquiry asking for information in respect to the name1 age1 residence1 and occupation of the man lynched1 the charge against him1 his possible guilt1 the circumstances of the lynching1 and what steps1 if any1 were afterwards taken4 ,in each reported case of lynching ,i mailed three copies of the circular letter1 with a stamped envelope for reply1 addressed one to the district attorney of the county1 one to the postmaster1 and one to any clergyman of the city or town where the lynching occurred4 8,to the printed circulars sent out answers were received in relation to #af out of the #cj cases of lynching4 ,no answers were received in #ad of the cases1 although the envelopes bore the usual direction to the postmaster to be returned if not delivered1 and only one of them was returned4 ,of the #af cases in respect to which answers were received1 there were #c cases in which #c answers were returned1 #e in which #b were returned1 and #h in which one was returned4 ,most of the answers were unsigned2 many were very vague2 a few declined to state the facts2 and several requested secrecy4 ,the general impression derived from the attempt to obtain information by the circular was that there was1 in many cases1 a strong disinclination1 for some cause1 to give any information40#bjf ,in an attempt to verify some reports of lynchings in the years #aijb and #aijc1 the writer has met with a similar experience4 ,a letter addressed to the mayor of a town in ,arkansas was returned with the following penciled at the bottom of the sheet3 8if you will give me some idea as to your reasons for wanting this information ,i might give you some information regarding same40 ,a letter addressed to the mayor of a town in ,georgia was returned with the following written at the bottom of the sheet3 8,in answer to the above ,i will say that ,i don't know anything about it40 ,no name was signed in either case4 ,these two replies1 together with ,mr4 ,holt's experience1 are sufficient to indicate the difficulties attendant upon the collection1 by any such method1 of data in regard to lynchings covering any considerable period of time4 ,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 year4 ,an editorial in the ,tribune for ,january #a1 #ahhc1 reads as follows3 8,elsewhere in this issue will be found a series of reviews of the happenings during #ahhb4 ,a necrological table is furnished1 also a list of the more important crimes1 casualties1 suicides1 lynchings1 and judicial executions for the last year4 ,the tables have been prepared with great care from the columns of ,the ,tribune1 and furnish as complete a review of the unpleasant features of the dead year as could possibly be obtained40 ,this annual review published by the ,tribune supplies the most available and practically the only source for statistics of lynchings4 ,the following facts are given3 the date of the lynching1 the name of the victim1 his color and his nationality1 the alleged crime for which he was lynched1 and the town and ,state where the lynching took place4 ,only the names of those who have suffered death at the hands of mobs are included4 ,no account is taken of attempted lynchings or of persons to whom mob violence was done but who recovered from their injuries4 ,in using this record as the basis of this investigation such means as were available have been employed for purposes of correction and verification4 ,in every case where an error was apparent1 or there was any reason for doubt1 the original report of the lynching has been examined in some newspaper of the proper date1 either the ,chicago ,tribune1 or the ,new ,york ,times1 or the ,new ,york ,tribune4 ,only a very few points have been left unsettled because of insufficient information4 ,the ,cyclopedic ,review of ,current ,history gives confirmatory evidence for a period covering the last twelve years4 ,it1 however1 mentions only the 8notable crimes0 and this evidence1 therefore1 applies to a comparatively small number of cases4 ,for the last six months of the year #aijb a subscription to a newspaper clipping agency was maintained as a further means of determining the reliability and completeness of the ,tribune record4 ,the agency selected was an old and well established one4 ,instructions were given the readers to send full accounts of every lynching1 together with a few editorial comments from various parts of the country4 ,clippings on lynchings were received from newspapers in every section of the ,united ,states4 ,out of the fifty-three victims of lynching given in the summary published by the ,chicago ,tribune for the six months1 ,july-,december1 #aijb1 forty-six were reported by the newspaper clipping agency and no errors of any importance were shown4 ,a few additional cases were mentioned in the clippings1 but they were mainly on the border line between murder and lynching and could rightly be disregarded4 ,undoubtedly there are errors and inaccuracies in particular cases in the ,tribune record4#bjg ,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 source4 ,for the purpose of this investigation1 however1 only the most general facts are required1 and it is believed that in regard to these the reporter or the newspaper correspondent is less likely to indulge his imaginative powers4 ,furthermore1 by reason of the popular excitement which usually attends lynching-bees and the extraordinary methods of execution oftentimes employed1 it is fair to presume that but few lynchings escape the reporter2 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 omitted4 ,there is neither the motive nor the opportunity to keep lynchings from the newspapers that there often is in the case of suicides and murders2 not only indeed is every such motive for secrecy absent1 but there is usually1 more or less strongly expressed1 a public sentiment approving or excusing a lynching4 ,what the likelihood is of every lynching in the ,united ,states having been reported to the ,chicago ,tribune during the last twenty-two years1 and whether the probability has been uniform throughout the period1 there is no means of determining4 ,the annual review of disasters and crimes has1 however1 been made a special feature throughout the period1 and this gives at least a presumption in favor of fullness and completeness in the record4 ,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 investigation4 ,in view of these considerations1 together with the corrections and verifications that have been made1 it is believed that the ,tribune record has reliability sufficient for its examination to lead to the deduction of trustworthy and valuable conclusions4 ,on ,january #a1 #aijd1 the ,chicago ,tribune published the following 8table of lynchings0 covering the last nineteen years#bjh3 #ahhe #ahd #ahhf #ach #ahhg #abb #ahhh #adb #ahhi #agf #ahij #abg #ahia #aib #ahib #bce #ahic #bjj #ahid #aij #ahie #aga #ahif #aca #ahig #aff #ahih #abg #ahii #ajg #aijj #aae #aija #ace #aijb #if #aijc #ajd ,after carefully going over the lists of names1 as published each year1 of the persons lynched during the last twenty-two years1 the writer obtained the following table which is based throughout on the number of persons lynched4 ,if only the number of lynchings were taken into account the numbers given would be considerably smaller4#bji ,,number ,,of ,,persons ,,lynched #ahhb #aad #ahhc #acd #ahhd #baa #ahhe #ahd #ahhf #ach #ahhg #abb #ahhh #adb #ahhi #agf #ahij #abh #ahia #aie #ahib #bce #ahic #bjj #ahid #aig #ahie #ahj #ahif #aca #ahig #afe #ahih #abg #ahii #ajg #aijj #aae #aija #ace #aijb #ig #aijc #ajd -------- ,total #cccg ,this table agrees with the ,tribune table for the nineteen years with the exception of the years #ahij1 #ahia1 #ahid1 #ahie1 #ahig and #aijb4 ,in some of these cases the difference is due merely to an error which had been made in footing up the lists4 ,some instances are given of a father and son being lynched1 or of five horse thieves1 or of two negroes1 and each of these instances had been counted as one in making up the totals4 ,in other cases an error was found in the instance reported4 ,in #aijb1 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 list4#baj ,two names have been added to the list for #aijb from information which the writer obtained through the newspaper clipping agency and subsequent correspondence4 ,in #aijc a record of persons lynched1 kept by the writer from newspapers other than the ,chicago ,tribune1#baa contained sixty-three out of the one hundred and four reported by the ,tribune1 and corroborated the ,tribune record with reference to these sixty-three4 ,in the writer's record seven lynchings were reported which did not appear in the ,tribune record4 ,letters of inquiry in regard to these resulted in only four replies1 one denying that the reported lynching had taken place1 the remaining three not stating definitely whether any lynching whatsoever had taken place4 ,no alteration1 therefore1 has been made in the ,tribune record for #aijc4 ,illustration3 ,i4 ,,number ,,lynched ,,compared ,,with ,,number ,,legally ,,executed #ahhb-aijc ,illustration3 ,,ii4 ,,number ,,lynched ,,according ,,to ,,months ,,in ,,different ,,sections ,,of ,,the ,u4,s4 #ahhb-aijc ,chart ,i has been prepared from the above table and shows at a glance the relative prevalence of lynching during the twenty-two years1 #ahhb-aijc4bab ,the solid line1 representing the number of persons lynched1 begins at #aad in #ahhb1 goes up to #baa in #ahhd1 falls to #abb in #ahhg1 rises again to #agf in #ahhi1 falls again the following year to #abh1 and then rises to #bce in the year #ahib4 ,from #ahib on the line shows a general downward tendency4 ,the large number in #ahhd was due to the work of vigilantes in ,montana and ,colorado4 ,according to the record1 #dj horse thieves and cattle thieves received summary justice in ,montana during the year and the lynching of seventeen cattle thieves was reported from ,colorado4 ,the large number in #ahib was due to the lynching of negroes in the ,south4 ,these facts are shown in another form in ,chart ,,iv4 ,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 years4 ,the figures for legal executions have also been taken from the ,tribune record1 but no further verification has been made of them than merely to foot up the lists of names and verify the totals4 ,the ,tribune record of legal executions is no doubt incomplete1 but it is here given for what it is worth4 ,in a general way the broken line follows the solid line with the exception of the year #ahib and the last five years4 ,in the review of the year #ahha1 the ,tribune reported ninety-one legal executions but gave no record of lynchings4 ,to indicate the direction of the broken line previous to #ahhb a short line has been drawn at the left of the chart4 ,on the whole1 ,chart ,i seems to indicate a relationship between legal executions and lynchings4 ,there is an indication that the upward tendency in the broken line since #ahhg may have contributed to the downward tendency in the solid line since #ahib--the punishment of crimes by law may tend to make recourse to lynching less frequent4 ,another factor is needed1 however1 to make this reasoning conclusive2 some way of measuring the amount of crime in the country during these several years is requisite4 ,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 executed4 ,the result was so unsatisfactory and inconclusive1 however1 that any attempt to make such a comparison was abandoned4#bac ,in ,chart ,,ii is shown the number of persons lynched according to months throughout the twenty-two years1 #ahhb-aijc4 ,because of the difference in the characteristics of lynchings in different sections of the ,united ,states1 and because of the differences in climate1 the ,states have been divided into three groups as follows3 7#a7 ,the ,southern ,group1 comprising ,maryland1 ,virginia1 ,west ,virginia1 ,north ,carolina1 ,south ,carolina1 ,georgia1 ,florida1 ,kentucky1 ,tennessee1 ,alabama1 ,mississippi1 ,missouri1 ,arkansas1 ,louisiana1 and ,texas2 7#b7 ,the ,western ,group1 comprising all the other ,states and ,territories west of the ,mississippi ,river2 7#c7 ,the ,eastern ,group1 comprising all the other ,states east of the ,mississippi ,river4 ,in the ,southern ,group the fewest are lynched in the months of ,january1 ,february1 and ,november4 ,the largest number are lynched in ,june1 ,july1 and ,december4 ,by dividing the twenty-two years into three periods and drawing lines to show the monthly fluctuations for each of these periods1 it can be shown that these same tendencies are characteristic of shorter periods of time1 the tendency toward an increase in ,december being less marked1 however1 in the period #ahif-aijc4 ,several explanations suggest themselves4 ,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 ,august1--a custom which originated in the time of slavery1#bad--they commit a smaller number of crimes against the whites and thus there is less occasion for lynching during that month4 ,during the months of ,june and ,july1 on the other hand1 when there is work to be done in tending the growing crops1 disagreements and quarrels frequently arise between the whites and the blacks1 the latter often retaliating upon the former by some offense against property or person1 thus giving greater occasion for lynching4 ,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 ,christmas4 ,idleness on the part of the negroes probably has much to do with the whole matter4 ,it has long been true that 8the ,devil finds work for idle hands to do40 ,in the ,western ,group there is comparatively little variation in the number lynched in the different months4 ,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 cattlemen4 ,the 8fall round-up0 takes place in ,november and the 8spring round-up0 about ,february4 ,in the ,eastern ,group the line shows very little variation in the number lynched in the different months4 ,a slight increase in the month of ,june is indicated4 ,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 time4 ,before proceeding to an analysis of this chart a word of explanation is necessary concerning the classification of causes that has been adopted4 ,the various causes assigned for the lynchings in the ,tribune record have been grouped into eight classes as follows3 ,murder1 ,rape1 ,assault1 ,minor ,offenses1 ,desperadism1#bae ,theft1 ,arson1 ,unknown4 ,the class ,murder includes murder1 attempted murder1 accessory to murder1 suspected murder1 alleged murder1 conspiracy to murder1 complicity in murder4 ,the class ,rape includes rape1 attempted rape1 alleged rape4 ,the class ,minor ,offenses includes race prejudice1 miscegenation1 and various minor offenses2 such as 7for whites7 wife beating1 cruelty1 kidnapping1 saloon keeping1 turning state's evidence1 refusing to turn state's evidence1 being obnoxious1 swindling1 political prejudice1 seduction1 giving information1 frauds1 informing1 protecting a negro1 giving evidence1 mob indignation1 illicit distilling1 disorderly conduct1 incest1 elopement1 revenue informer1 disreputable character1 arrest of a minor1 aiding escape of murderer1 suspected of killing cattle1 prospective elopement2 7for negroes7 grave robbery1 threatened political exposures1 slander1 self-defense1 wife beating1 cutting levees1 kidnapping1 voodooism1 poisoning horses1 writing insulting letters1 incendiary language1 swindling1 jilting a girl1 colonizing negroes1 turning state's evidence1 political troubles1 gambling1 quarreling1 poisoning wells1 throwing stones1 unpopularity1 making threats1 circulating scandals1 being troublesome1 bad reputation1 drunkenness1 strike rioting1 rioting1 insults1 supposed offense1 insulting women1 fraud1 criminal abortion1 alleged stock poisoning1 enticing servant away1 writing letter to white woman1 asking white woman in marriage1 conspiracy1 introducing smallpox1 giving information1 conjuring1 to prevent evidence1 being disreputable1 informing1 concealing a criminal1 slapping a child1 shooting at officer1 passing counterfeit money1 felony1 elopement with white girl1 refusing to give evidence1 giving evidence1 disobeying ferry regulations1 running quarantine1 violation of contract1 paying attention to white girl1 resisting assault1 inflammatory language1 resisting arrest1 testifying for one of his own race1 keeping gambling-house1 quarrel over profit sharing1 forcing white boy to commit crime1 lawlessness4 ,the cause 8race prejudice0 is given1 almost without exception1 only in the case of the lynching of negroes by whites and does not appear at all in the earlier years of the period #ahhb-aijc4 ,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 cause4 ,this is borne out by the following instances4 ,on ,february #bb1 #ahih1 a negro by the name of ,f4 ,b4 ,baker was lynched at ,lake ,city1 ,south ,carolina1 for accepting the office of postmaster4 ,in the ,tribune record the cause is given as 8race prejudice40 ,on ,february #aj1 #ahid1 a negro named ,collins was lynched in ,georgia for 8enticing servant away40 ,one newspaper in reporting this occurrence gave 8race prejudice0 as the cause4 ,the colored victims credited to 8race prejudice0 in #aijb by the ,tribune were lynched because they were supposed to have made some insulting remarks about several white men4 ,in ,december1 #aijc1 ,eli ,hilson1 colored1 was killed by 8,whitecaps0 in ,lincoln ,county1 ,mississippi1 because he refused to leave the county in response to their warning4 ,in the ,tribune record 8race prejudice0 is given as the cause for the lynching of ,hilson4 ,these facts constitute the justification for placing 8race prejudice0 under ,minor ,offenses4 ,the class ,theft includes theft1 larceny1 burglary1 robbery1 suspected robbery1 safe breaking1 cattle stealing1 horse stealing1 mule stealing4 ,the class ,desperadism includes the action of desperado1 outlaw1 highway robber1 train wrecker1 train robber4 ,the class ,arson includes arson1 incendiarism1 barn burning4 ,the class ,assault includes assault1 murderous assault4 ,the class ,unknown includes unknown offense1 no offense1 without cause1 mistaken identity1 by accident1 no cause given4 ,there are in the lists only a few cases of mistaken identity and only one by accident4 ,they have been put in this class merely because there was no other place to put them4 ,where more than one cause was given the following principles of classification have been observed3 rape and murder under ,rape1 robbery and murder under ,murder1 arson and murder under ,murder1 assault and robbery under ,assault1 robbery and arson under ,arson4 ,throughout this chapter1 whenever any one of the above eight classes is meant the word for the class will be begun with a capital letter4 ,this will avoid the danger of confusing the present use of the terms with their ordinary and general use4 ,in an analysis of ,chart ,,iii1 it appears that smaller percentages of persons are lynched for ,murder in the summer months than in the winter months1 and that larger percentages are lynched for ,rape in the summer months than in the winter months1 but that if ,murder and ,rape be taken together larger percentages are lynched for those crimes in the summer than in the winter4 ,the percentage lynched for ,assault shows little variation throughout the year4 ,the percentage lynched for ,minor ,offenses is also fairly uniform throughout the year4 ,with regard to ,desperadism a marked difference is shown between the summer months and the winter months4 ,only about one per cent of the lynchings in the summer are for ,desperadism1 there being none in the month of ,april1 while in ,january #f4d per cent1 in ,february #aj4e per cent1 in ,october #d4b per cent1 in ,november #d4e per cent1 and in ,december #aa4b per cent are for that cause4 ,the percentage lynched for ,theft is relatively high in ,may1 ,june1 and ,july1 but especially high in ,october4 ,nearly #bj per cent of the lynchings in ,october are for ,theft4 ,there is a relatively small percentage for ,arson in the summer4 ,the larger percentage of lynchings for ,arson are in ,march1 ,september1 ,october1 and ,november4 ,as to the influence of the seasons on crime1 ,mayo-,smith states that it has been pretty well determined that crimes against the person are more numerous in summer than in winter1 and that crimes against property are more numerous in winter than in summer4#baf ,chart ,,iii shows conformity to this law of crimes4#bag ,a larger percentage is lynched for ,murder1 ,rape1 and ,assault--crimes against the person--in summer than in winter4 ,a larger percentage is lynched for ,desperadism1 ,theft1 and ,arson1--crimes against property1--in winter than in summer4 ,illustration3 ,,iii4 ,,percentages ,,lynched ,,for ,,various ,,causes ,,by ,,months #ahhb-aijc ,illustration3 ,,iv4 ,,number ,,of ,,whites1 ,,negroes ,,and ,,others ,,lynched ,,according ,,to ,,years #ahhb-aijc ,chart ,,iv shows the relative number of whites1 negroes1 and other persons lynched each year during the last twenty-two years4 ,the largest number of whites were lynched in the year #ahhd1 the majority of them being in the ,western ,group of ,states4 ,since that year there has been a general but irregular decline in the lynching of whites4 ,if the tops of the columns representing the whites were joined together by a line1 the line would rise and fall with more or less regularity1 suggesting the conclusion that lynchings tend to recur in groups from year to year1 or1 in other words1 that the lynching mania spreads in successive waves over the country4 ,if the tops of the columns representing the negroes were joined together by a line1 the same tendency would be noticeable1 but the waves would appear less regular and less marked4 ,the waves for the whites and the negroes do not correspond at all from year to year1 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 ,states4 ,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 ,west4 ,for the lynching of negroes1 #ahib and #ahic are the years in which the largest number were lynched1 the numbers being #aef and #aee respectively4 ,the chart shows a general increase in the lynching of negroes from #ahhb to #ahib1 and a general decline from #ahic to #aijc4 ,in #aijc1 however1 nearly twice as many negroes were lynched as in #ahhb4 ,the chart also shows an increase in the proportion of negroes lynched to whites lynched during the period #ahhb-aijc4 ,the total number of negroes lynched during the twenty-two years is #b1jfj1 an average of #ic per year4 ,the total number of whites lynched during the twenty-two years is #a1afi1 an average of #ec per year4 ,chart ,,iv also shows1 under the title of ,others1 the comparatively small number 7#ajh7 of ,indians1 ,mexicans1 and foreigners that have been lynched during the twenty-two years4 ,in the years when the larger numbers were lynched they were distributed as follows3 in #ahhc1 seven ,mexicans1 four ,indians1 and one ,chinaman2 in #ahhd1 six ,mexicans1 one ,indian1 one ,japanese1 and one ,swiss2 in #ahhe1 six ,chinese and two ,indians2 in #ahia1 eleven ,italians 7at ,new ,orleans71 two ,indians1 and two ,chinese2 in #ahic1 five ,italians1 two ,indians1 two ,mexicans1 and one ,bohemian2 in #ahie1 five ,italians 7at ,walsenburg1 ,colorado71 two ,indians1 and two ,mexicans4 ,in all1 forty-five ,indians1 twenty-eight ,italians1 twenty ,mexicans1 twelve ,chinese1 one ,japanese1 one ,swiss1 and one ,bohemian were lynched during the period #ahhb-aijc4 ,chart ,v shows the number of females1 both white and colored1 lynched each year during the twenty-two years4 ,with the exception of the years #ahhb1 #ahhc1 #ahhg1 and #ahii one or more were lynched each year4 ,in the year #ahie1 thirteen were lynched1 eight colored and five white women4 ,the majority of the colored females were lynched in the five years #ahia-ie4 ,in all1 forty colored and twenty-three white females1 or a total of sixty-three females were lynched during the period #ahhb-aijc4 ,the lower half of ,chart ,v shows the causes for which the females were lynched4 ,of the whites1 nine were lynched for murder or complicity in murder1 one for being a disreputable character1 one because of mob indignation1 one for race prejudice1 one for miscegenation1 one for arson1 two for theft1 and seven for unknown reasons4 ,of the colored1 twenty were lynched for murder or complicity in murder1 two for alleged well poisoning1 eight for race prejudice1 five for arson1 one for theft1 and four for unknown reasons4 ,illustration3 ,v4 ,,number ,,of ,,women 7,,whites ,,and ,,negroes7 ,,lynched ,,according ,,to ,,years #ahhb-aijc ,illustration3 ,,proportion ,,lynched ,,for ,,various ,,causes #ahhb-aijc ,,women 7,,whites ,,and ,,negroes7 ,illustration3 ,,vi4 ,,percentages ,,lynched ,,for ,,various ,,causes ,,by ,,years #ahhb-aijc ,,whites ,,and ,,others ,chart ,v really supplements ,chart ,,iv4 ,in ,chart ,,iv1 the #c1ccg persons who have been lynched during the twenty-two years are classified according to race only4 ,in ,chart ,v the number of females in ,chart ,,iv is shown and also the causes for which they were lynched4 ,in the further investigation sex will be disregarded and the whites1 ,indians1 ,mexicans1 and foreigners will be grouped together under the head of ,whites and ,others1 this making a classification into negroes and those not negroes4 ,chart ,,vi shows the percentages lynched for various causes by years1 #ahhb-aijc1 for ,whites and ,others4 ,the percentages lynched for the various causes vary greatly from year to year4 ,the percentage lynched for ,murder varies from #bd per cent to #gj per cent4 ,the percentage lynched for ,theft varies from #c4i per cent to #df4e per cent4 ,in the three years #ahih-aijj1 and in the year #aijc1 none were lynched for ,theft4 ,the percentage lynched for ,rape varies from #a4h per cent to #bj per cent1 none being lynched for that cause in #aijb4 ,rape is not particularly important as a cause4 ,the chief value of ,chart ,,vi is seen by contrasting it with ,chart ,,vii4 ,chart ,,vii shows the percentages lynched for various causes by years1 #ahhb-aijc1 for ,negroes4 ,the percentage lynched for ,murder does not vary greatly from year to year1 the extreme variation being from #bh4b per cent in the year #ahhb to #ec per cent in the year #ahih4 ,rape appears as an important cause1 the percentage varying from #bb4f per cent in the year #aija to #ef4e per cent in the year #ahhb4 ,the chart indicates in a general way a decrease in the importance of ,rape as a cause for the lynching of ,negroes since #ahhb4 ,minor ,offenses1 on the contrary1 have increased in importance as a cause for the lynching of ,negroes4 ,in the later years1 also1 a larger percentage has been for ,assault4 ,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 ,others4 ,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 ,others4 ,for the ,negroes1 ,theft is largely larceny and burglary while for the ,whites and ,others it is stealing live stock4 ,desperadism figures to a very limited extent as a cause for lynching ,negroes4 ,assault figures to a very limited extent as a cause for lynching ,whites and ,others4 ,chart ,,viii shows the proportion lynched for various causes1 #ahhb-aijc1 for ,whites and ,others4 ,this chart1 like ,chart ,,vi1 covers the total number of ,whites and ,others that have been lynched during the period1 without reference to particular sections of the country4 ,murder with #fbh stands highest1 and ,theft1 with #bfd1 second4 ,rape with #aji ranks third as a cause1 and ,desperadism1 with #ic1 fourth4 ,minor ,offenses is credited with #eb1 ,arson with #ca1 and ,assault with #aa4 ,the number lynched which fall under the class ,unknown is #hi4 ,of the total number1 #di4b per cent were lynched for ,murder1 #bj4f per cent for ,theft1 #h4e per cent for ,rape1 #g4c per cent for ,desperadism1 #d per cent for ,minor ,offenses1 #b4d per cent for ,arson1 4#h per cent for ,assault1 and #g per cent is credited to ,unknown4 ,of those lynched for ,theft1 nearly #ij per cent were lynched for the crime of stealing live stock4 ,illustration3 ,,vii ,,percentages ,,lynched ,,for ,,various ,,causes ,,by ,,years #ahhb-aijc ,,negroes ,illustration3 ,,viii4 ,,proportion ,,lynched ,,for ,,various ,,causes #ahhb-aijc ,,whites ,,and ,,others ,chart ,,ix shows the proportion lynched for various causes1 #ahhb-aijc1 for ,negroes4 ,this chart1 like the preceding chart1 covers the total number of ,negroes that have been lynched during the period1 without reference to particular sections of the country4 ,by far the greater number of ,negroes have been lynched either for ,murder or for ,rape4 ,murder is credited with #ghc and ,rape with #gjg4 ,minor ,offenses with #bjh ranks third as a cause for the lynching of ,negroes1 and ,arson1 with #ajd1 fourth4 ,theft with #aja ranks fifth4 ,assault is credited with #dg and ,desperadism with #bj4 ,to the class ,unknown #ij are credited4 ,of the total number1 #ch per cent were lynched for ,murder1 #cd4c per cent for ,rape1 #aj4a per cent for ,minor ,offenses1 #e per cent for ,arson1 #d4i per cent for ,theft1 #b4c per cent for ,assault1 4#i per cent for ,desperadism1 and #d4c per cent is credited to ,unknown4 ,of the ,negroes lynched for ,theft only #ad per cent were lynched for stealing live stock1 the remaining #hf per cent being lynched for causes that may be fairly classed under petty larceny4 ,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 seen4 ,the larger number in each case is under ,murder1 but further than that the order of the arrangement of the causes does not agree4 ,rape which occupies second place in the chart for the ,negroes and is nearly equal to ,murder1 drops to third place on the chart for the ,whites and ,others4 ,comparatively speaking1 ,theft1 particularly the stealing of live stock1 and ,desperadism are much more important as causes for the lynching of ,whites and ,others than for the lynching of ,negroes4 ,in the case of the ,negroes1 ,rape1 ,minor ,offenses1 and ,arson are much more important as causes than in the case of the ,whites and ,others4 ,assault is also more important as a cause for lynching ,negroes than for lynching ,whites and ,others4 ,chart ,x shows the proportion lynched for various causes in the ,southern ,group of ,states1 #ahhb-aijc1 for ,whites and ,others4 ,the majority of the ,whites and ,others that have been lynched in this section of the country have been lynched for ,murder4 ,the numbers lynched for the various causes are as follows3 ,murder #cba1 ,rape #fi1 ,theft #fc1 ,minor ,offenses #db1 ,desperadism #cj1 ,arson #ai1 ,assault #f1 ,unknown #ej4 ,the percentages lynched for the various causes are as follows3 ,murder #ec4e per cent1 ,rape #aa4e per cent1 ,theft #aj4e per cent1 ,minor ,offenses #g per cent1 ,desperadism #e per cent1 ,arson #c4b per cent1 ,assault #a per cent1 ,unknown #h4c per cent4 ,chart ,,xi shows the proportion lynched for various causes in the ,southern ,group of ,states1 #ahhb-aijc1 for ,negroes4 ,as might be expected1 the causes arrange themselves in the same order as in ,chart ,,ix4 ,the numbers lynched for the various causes are as follows3 ,murder #gec1 ,rape #fge1 ,minor ,offenses #bjf1 ,arson #ajd1 ,theft #if1 ,assault #df1 ,desperadism #ah1 ,unknown #hg4 ,the percentages lynched for the various causes are as follows3 ,murder #ch per cent1 ,rape #cd per cent1 ,minor ,offenses #aj4c per cent1 ,arson #e4b per cent1 ,theft #d4h per cent1 ,assault #b4c per cent1 ,desperadism 4#i per cent1 ,unknown #d4c per cent4 ,illustration3 ,,ix4 ,,proportion ,,lynched ,,for ,,various ,,causes #ahhb-aijc ,,negroes ,illustration3 ,x4 ,,proportion ,,lynched ,,for ,,various ,,causes ,,in ,,southern ,,states #ahhb-aijc ,,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 ,others4 ,against #fjj ,whites and ,others lynched during the twenty-two years1 #a1ihe ,negroes were lynched4 ,with regard to the causes assigned for the lynchings a wide variation is observed4 ,only #ch per cent of the ,negroes1 against #ec4e per cent of the ,whites and ,others1 were lynched for ,murder4 ,rape stands next to ,murder in order of importance in both cases1 but while #cd per cent of the ,negroes were lynched for ,rape1 only #aa4e per cent of the ,whites and ,others were lynched for that cause4 ,minor ,offenses1 ,arson1 ,theft1 and ,assault appear as of much more importance as causes for the lynching of ,negroes than for the lynching of ,whites and ,others4 ,those who assume that the majority of the negroes lynched in the ,south are lynched for the crime of rape against white women1 and that the lynching of negroes is therefore justifiable1 will find very little satisfaction in an examination of ,chart ,,xi4 ,in the classification of the cases the writer has put every case where both rape and murder were assigned as the cause1 under ,rape4 ,it is possible that if a careful investigation were made of all the cases credited to ,murder1 it might be found that the motive in some cases was rape but that the actual crime committed was murder1 and that it was for rape as well as for murder that the negroes in such cases were lynched4 ,the lynchers may have considered themselves the avengers of the crime of rape as well as of the crime of murder4 ,the statistics1 however1 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 rape1 either attempted1 alleged1 or actually committed2 and it is safe to say that if rape were connected with the offense in any case1 that fact would ordinarily be stated in the report4 ,chart ,,xii shows the proportion lynched for various causes in the ,western ,group of ,states1 #ahhb-aijc4 ,this chart covers the total number of persons lynched in that section of the country during the twenty-two years1 no distinction being made either as to race or nationality4 ,the numbers lynched for the various causes are as follows3 ,murder #bgi1 ,theft #aii1 ,desperadism #fd1 ,rape #cd1 ,arson #ab1 ,minor ,offenses #i1 ,assault #d1 ,unknown #ca4 ,the total number lynched for all causes is #fcb4 ,the percentages lynched for the various causes are as follows3 ,murder #dd4a per cent1 ,theft #ca4e per cent1 ,desperadism #aj4a per cent1 ,rape #e4d per cent1 ,arson #a4i per cent1 ,minor ,offenses #a4d per cent1 ,assault 4#f per cent1 ,unknown #d4i per cent4 ,lynchings for ,theft and ,desperadism are particularly characteristic of the ,western ,states4 ,of the #aii lynched for ,theft1 #ahi or #ie per cent were lynched for stealing live stock4 ,chart ,,xiii shows the proportion lynched for various causes in the ,eastern ,group of ,states1 #ahhb-aijc4 ,the chart covers the total number of persons1 without distinction as to race or nationality1 who have been lynched in that section of the country during the twenty-two years4 ,the majority have been lynched for ,murder and ,rape4 ,the numbers lynched for the various causes are as follows3 ,murder #eh1 ,rape #ch1 ,theft #g1 ,minor ,offenses #c1 ,assault #b1 ,desperadism #a1 ,unknown #aa4 ,none were lynched for ,arson4 ,the percentages lynched for the various causes are as follows3 ,murder #dh4c per cent1 ,rape #ca4g per cent1 ,theft #e4h per cent1 ,minor ,offenses #b4e per cent1 ,assault #a4g per cent1 ,desperadism 4#h per cent1 ,unknown #i4a per cent4 ,illustration3 ,,xi4 ,,proportion ,,lynched ,,for ,,various ,,causes ,,in ,,southern ,,states #ahhb-aijc ,,negroes ,illustration3 ,,xii4 ,,proportion ,,lynched ,,for ,,various ,,causes ,,in ,,western ,,states #ahhb-aijc ,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 sections1 the ,southern ,group of ,states1 the ,western ,group1 and the ,eastern ,group4#bah ,the following tables show the distribution of lynchings by ,states on the basis of the number of persons lynched1 these persons being classified into ,whites1 ,negroes and ,others4 ,,number ,,of ,,persons ,,lynched ,,in ,,southern ,,states1 #ahhb-aijc ,,whites ,,negroes ,,others ,,total ,mississippi #ci #bid #a #ccd ,texas #aad #aii #aa #cbd ,louisiana #cd #bcb #ai #bhe ,georgia #bh #bda #bfi ,alabama #df #aih #bdd ,arkansas #fj #aci #a #bjj ,tennessee #di #aej #aii ,kentucky #fd #ajc #afg ,florida #ai #aae #acd ,south ,carolina #h #aji #aag ,missouri #di #db #ia ,virginia #ba #gj #ia ,north ,carolina #ae #dh #a #fd ,west ,virginia #ai #bg #df ,maryland #b #ah #bj ------ -------- ------ ---------- ,total #efg #aihe #cc #behe ,,number ,,of ,,persons ,,lynched ,,in ,,western ,,states1 #ahhb-aijc ,,whites ,,negroes ,,others ,,total ,indian ,territory 7,oklahoma7 #gc #g #ae #ie ,montana #hj #a #d #he ,colorado #ee #c #f #fd ,nebraska #eb #b #b #ef ,kansas #cd #ag #ea ,california #bi #ab #da ,wyoming #cg #cg ,dakota 7,north and ,south7 #bh #a #f #ce ,new ,mexico #cj #a #c #cd ,arizona #be #c #bh ,washington #bj #f #bf ,idaho #ad #e #ai ,oregon #ae #a #c #ai ,iowa #ae #a #af ,alaska #d #d #h ,utah #d #a #b #g ,minnesota #e #a #f ,nevada #c #b #e ------ ---- ---- ------ ,total #ebc #cd #ge #fcb ,,number ,,of ,,persons ,,lynched ,,in ,,eastern ,,states1 #ahhb-aijc ,,whites ,,negroes ,,others ,,total ,indiana #da #aa #eb ,ohio #aj #aa #ba ,illinois #aa #aj #ba ,michigan #g #a #h ,pennsylvania #b #e #g ,wisconsin #f #f ,new ,york #a #a #b ,new ,jersey #a #a ,connecticut #a #a ,delaware #a #a ---- ---- -- ------ ,total #gi #da #abj ,,total ,,number ,,of ,,persons ,,lynched1 #ahhb-aijc ,,whites ,,negroes ,,others ,,total ,southern #efg #aihe #cc #behe ,western #ebc #cd #ge #fcb ,eastern #gi #da #abj -------- -------- ------ -------- ,total #aafi #bjfj #ajh #cccg ,illustration3 ,,xiii4 ,,proportion ,,lynched ,,for ,,various ,,causes ,,in ,,eastern ,,states #ahhb-aijc ,excluding the ,new ,england ,states there are no ,states in the ,union in which lynchings have not taken place during the last twenty-two years4 ,in forty-five of the ,states and ,territories1 as they are at present organized1 one or more persons have been lynched during this period4 ,in the ,southern ,group of ,states more than three times as many negroes as whites have been lynched4 ,in ,texas the 8,others0 were ,mexicans1 with the exception of one ,indian2 in ,louisiana the 8,others0 were all ,italians4 ,in the ,western ,group of ,states only about five per cent of the persons lynched were negroes while nearly twelve per cent were 8,others10 the majority of whom were ,indians1 but there were also ,chinamen1 ,mexicans1 ,italians1 a ,japanese1 a ,swiss1 and a ,bohemian4 ,in the ,eastern ,group of ,states about thirty-four per cent of the persons lynched were negroes and the rest were whites1 there being no 8,others40 ,only one lynching with one person lynched is credited to the ,new ,england ,states4 ,in ,july1 #ahhf1 in ,litchfield ,county1 ,connecticut1 ,charles ,lockwood1 a farm-hand1 was found early one morning hanging from the limb of a tree1 evidently having been dead for several hours4 ,according to the ,new ,york ,times1#bai public opinion was divided as to whether he had been lynched or had committed suicide4 ,the coroner's verdict said that it was a case of suicide4 ,to a disinterested party1 however1 the evidence appears very strong in favor of the former view4 ,lockwood had brutally murdered 8pretty ,mattie ,randell10 of ,morris1 ,connecticut1 and escaped4 ,searching parties were organized and were scouring the country1 and feeling ran high in the community against him4 ,threats were repeatedly made against his life4 ,his body was found one morning dangling from the limb of a tree4 ,in the writer's opinion1 formed from reading various newspaper accounts of the occurrence1 the ,chicago ,tribune rightly included ,charles ,lockwood in the list of persons lynched in the year #ahhf4 ,for the purpose of studying the distribution of lynchings with a view to determining what particular characteristics of the population1 if any1 promote and foster the practice of lynching1 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 districts4 ,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 lynched4 ,the circumstances which surround lynchings do not vary in any respect according to the number of victims at particular lynchings4 ,the following tables have therefore been prepared to show the distribution of lynchings by ,states on the basis of the number of lynchings4 ,in making up these figures it was found necessary to establish some standard length of time for a lynching4 ,there were a number of cases where persons were lynched on succeeding or subsequent days at or near the same place1 and the question arose as to whether there was one lynching or more than one lynching in such cases4 ,it would seem that ordinarily1 if one whole day intervened between the lynching of one person and the lynching of another person1 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 violence4 ,using this as a criterion1 all cases in which persons were lynched on two succeeding days at or near the same place have been classified as one lynching1 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 lynchings4 ,,number ,,of ,,lynchings ,,by ,,years ,,in ,,southern ,,states1 #ahhb-aijc '#hb'hc'hd'he'hf'hg'hh'hi'ij'ia'ib'ic'id 'ie ,mississippi #c #aj #aj #ab #ab #aj #aj #bb #aa #bj #aa #ab #ad #ac ,georgia #c #e #e #i #f #d #ab #i #ag #aa #ac #aa #af #ad ,texas #aj #ac #ae #bj #ad #f #aj #aj #bb #ac #h #h #aj #ag ,louisiana #e #c #e #b #f #i #g #h #h #ad #ah #ab #aa #d ,alabama #e #d #c #d #d #d #i #f #h #ad #ad #ag #ab #aj ,tennessee #b #f #i #f #d #f #e #h #ab #bj #ad #ab #aa ,arkansas #b #g #f #g #c #h #b #e #f #aj #bj #i #f #g ,kentucky #f #d #f #c #e #f #f #h #e #g #i #aa #af #ab ,florida #b #a #b #c #d #c #b #c #h #g #f #g #h ,south #f #c #a #a #d #b #b #e #d #a #e #aa #e #e ,carolina ,missouri #c #b #c #f #d #a #a #g #a #a #e #d #e #d ,virginia #b #a #e #d #b #a #c #g #c #d #e #h #e #b ,north #b #c #f #b #c #f #c #b #b #e #b #a #a ,carolina ,west #a #b #a #c #c #b #d #b #e #b ,virginia ,maryland #b #c #a #b #a #a #a #a #c ,total #ej #fa #fh #ij #gf #ff #ghajj #ihabjadfabeabcaaa '#if'ig'ih'ii'jj'ja'jb'jc,total ,mississippi #f #ae #ab #aa #ae #aa #i #ad #bfc ,georgia #h #ac #ab #ag #ad #ac #i #aj #bca ,texas #d #ad #c #f #b #g #e #f #bbc ,louisiana #ba #aj #h #i #i #ad #aj #aa #bjd ,alabama #ac #af #h #e #h #ab #d #b #ahb ,tennessee #ab #e #g #b #f #i #d #d #afd ,arkansas #d #aj #aj #e #f #e #f #aj #aed ,kentucky #f #g #e #c #a #d #h #b #adj ,florida #g #f #a #d #g #e #c #f #ie ,south #d #f #e #a #b #e #b #e #he ,carolina ,missouri #e #c #e #c #b #d #d #c #gf ,virginia #e #d #a #e #b #d #gc ,north #a #b #b #b #c #a #c #a #ec ,carolina ,west #a #a #a #b #a #b #a #cd ,virginia ,maryland #a #a #b #a #bj ,total #icaac #he #gj #hc #ic #gc #ge #aiig ,,number ,,of ,,lynchings ,,by ,,years ,,in ,,western ,,states1 #ahhb-aijc '#hb'hc'hd'he'hf'hg'hh'hi'ij'ia'ib'ic'id 'ie ,indian #a #c #c #b #c #d #b #a #e #f #e ,territory 7,oklahoma7 ,kansas #b #b #b #e #e #a #c #b #c #c #c #a ,nebraska #b #f #a #c #d #d #f #b #b #b #c ,colorado #f #a #c #a #c #d #b #b #a #a #b ,montana #e #i #b #c #b #c #a #a ,california #c #b #b #a #c #c #a #b #a #d #a #a #d ,new ,mexico #e #b #d #c #a #b #a #d #a ,dakota #a #a #c #b #c #a #b #a #a #a #a 7,north ,south7 ,washington #b #a #b #b #a #a #c #a #a #a #a ,arizona #d #a #a #a #b #b #a #b ,wyoming #b #a #a #c #a #d ,iowa #c #b #b #a #b #b ,oregon #d #c #a #b ,idaho #a #a #b #a #a #a ,alaska #b ,minnesota #b #b ,utah #c #b ,nevada #a #a ,total #be #bg #dj #bi #af #af #bh #bb #ab #af #ah #bb #ag #ah '#if'ig'ih'ii'jj'ja'jb'jc,total ,indian #d #a #c #a #c #dg ,territory 7,oklahoma7 ,kansas #a #c #a #b #a #dj ,nebraska #ce ,colorado #b #c #a #cb ,montana #a #b #c #cb ,california #a #b #ca ,new ,mexico #bc ,dakota #b #a #bj 7,north ,south7 ,washington #a #a #ah ,arizona #b #a #ag ,wyoming #a #a #b #af ,iowa #ab ,oregon #a #aa ,idaho #a #h ,alaska #c #a #f ,minnesota #a #e ,utah #e ,nevada #b #a #e ,total #g #aa #h #d #d #aj #e #h #cfc ,,number ,,of ,,lynchings ,,by ,,years ,,in ,,eastern ,,states1 #ahhb-aijc '#hb'hc'hd'he'hf'hg'hh'hi'ij'ia'ib'ic'id 'ie ,indiana #d #c #c #e #e #b #d #c #b #b ,ohio #b #a #a #c #b #a #a #d #b #b ,illinois #a #b #a #b #a #a #b #a #a ,michigan #b #a #a #a #a ,pennsylvania #a #a #a #b #a ,wisconsin #a #a #a #b #a ,new ,york #a ,connecticut #a ,delaware ,new ,jersey #a ,total #g #g #f #e #aj #f #e #d #d #aj #f #e #g #c '#if'ig'ih'ii'jj'ja'jb'jc,total ,indiana #a #a #a #b #a #a #dj ,ohio #a #bj ,illinois #a #a #a #b #c #bj ,michigan #a #g ,pennsylvania #a #g ,wisconsin #f ,new ,york #a #b ,connecticut #a ,delaware #a #a ,new ,jersey #a ,total #c #c #b #a #b #a #d #d #aje ,,total ,,number ,,of ,,lynchings ,,by ,,years1 #ahhb-aijc '#hb'hc'hd'he'hf'hg'hh'hi'ij'ia'ib'ic'id 'ie ,southern #ej #fa #fh #ij #gf #ff #ghajj #ihabjadfabeabcaaa ,states ,western #be #bg #dj #bi #af #af #bh #bb #ab #af #ah #bb #ag #ah ,states ,eastern #g #g #f #e #aj #f #e #d #d #aj #f #e #g #c ,states ,total #hb #ieaadabdajb #hhajaabfaadadfagjaebadgacb '#if'ig'ih'ii'jj'ja'jb'jc,total ,southern #icaac #he #gj #hc #ic #gc #ge #aiig ,states ,western #g #aa #h #d #d #aj #e #h #cfc ,states ,eastern #c #c #b #a #b #a #d #d #aje ,states ,total #ajcabg #ie #ge #hiajd #hb #hg #bdfe ,if much that has been said and written in recent years on the subject of lynching is true2 if the presence of the colored race1 because of the character of the crimes which negroes commit1 is largely responsible for the practice of lynching2 if the immigration into this country of 8the scum of ,europe0 is also responsible for the practice2 if lynching is1 in addition1 a relic of barbarism and a sign of degeneracy in ,american civilization1--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 population1 and also between the distribution of lynchings and the degree of illiteracy in the population4 ,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 numerous4 ,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 population1 the percentage of foreign born in the population1 and the percentage of illiterates in the population4 ,in the same table also there have been given the percentage of the persons lynched in these several ,states who were whites1 and the percentage of the persons lynched who were negroes4 ,from this table there appears to be no distinct correlation between the distribution of lynchings and the percentage of negroes in the population4 ,in a general way the percentage of lynchings to the population is highest in the ,states where the negro element is largest1 but ,virginia1 ,north ,carolina1 and notably ,south ,carolina1 are exceptions4 ,so far as any correlation at all can be traced between the percentage of lynchings and the percentage of foreign born1 the latter varies inversely to the former4 ,the percentage of illiterates varies from ,state to ,state in about the same way that the percentage of negroes does2 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 negroes1 namely1 that there is no distinct correlation4 ,when the percentage of the persons lynched who were negroes is compared with the percentage of negroes in the population1 however1 it is at once apparent that there is a correlation between them4 ,if plotted graphically the lines representing the two percentages would rise and fall in almost perfect uniformity1 only ,georgia and ,tennessee presenting slight exceptions to the general tendency4 ,,per ,,cent ,,per ,,cent ,,per ,,cent ,,of ,,of ,,whites ,,of ,,negroes ,,lynchings ,,in ,,in ,,to ,,population,,population ,,population #aijj #ahijaijj #ahijaijj ,mississippi 4#jafidb4b #da4ceg4f #eh4e ,georgia 4#jajdec4b #ec4cdf4g #df4g ,texas 4#jjgcgh4a #gi4fba4h #bj4d ,louisiana 4#jadgdi4i #eb4hej4j #dg4a ,alabama 4#jjiiee4a #ed4gdd4h #de4b ,tennessee 4#jjhage4f #gf4bbd4d #bc4h ,arkansas 4#jaaggb4f #gb4jbg4d #bh4j ,kentucky 4#jjfehe4f #hf4gad4d #ac4c ,florida 4#jagieg4e #ef4cdb4e #dc4g ,south 4#jjfcdj4a #da4fei4h #eh4d ,carolina ,missouri 4#jjbdid4d #id4h #e4f #e4b ,virginia 4#jjcifa4f #fd4cch4d #ce4f ,north 4#jjbgfe4b #ff4gcd4g #cc4j ,carolina ,west 4#jjceie4g #ie4e #d4c #d4e ,virginia ,maryland 4#jjafgi4c #hj4bbj4g #ai4h ,indiana 4#jjaeig4i #ig4g #b4a #b4c ,ohio 4#jjjdig4f #ig4g #b4d #b4c ,illinois 4#jjjdih4e #ih4b #a4e #a4h ,,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 #ahijaijj #ahjjaijjbbj ,mississippi #aa4fg #hh4jb #j4f #j4edj4j #cb4j ,georgia #aj4dj #hi4ei #j4g #j4fci4h #cj4e ,texas #ce4ah #fa4da #f4h #e4iai4g #ad4e ,louisiana #aa4ib #ha4dj #d4d #c4hde4h #ch4e ,alabama #ah4he #ha4ad #a4j #j4hda4j #cd4j ,tennessee #bd4fb #ge4cg #a4a #j4ibf4f #bj4g ,arkansas #cj4j #fi4e #a4c #a4abf4f #bj4d ,kentucky #ch4cb #fa4fg #c4b #b4cba4f #af4e ,florida #ad4ag #he4hb #e4i #d4ebg4h #ba4i ,south #f4hc #ic4af #j4e #j4dde4j #ce4i ,carolina ,missouri #ec4hd #df4ae #h4h #g4j #i4a #f4d ,virginia #bc4jg #gf4ib #a4a #a4jcj4b #bb4i ,north #bc4dc #ge4j #j4b #j4bce4g #bh4g ,carolina ,west #da4cj #eh4fi #b4e #b4caa4d #b4e ,virginia ,maryland #aj4j #ij4j #i4j #g4iae4g #aa4a ,indiana #gh4h #ba4a #f4g #e4f #f4c #d4f ,ohio #dg4f #eb4cab4e #aa4j #e4b #d4j ,illinois #eb4c #dg4fbb4j #bj4a #e4b #d4b ,for the purpose of further investigating the subject of the distribution of lynchings in relation to particular characteristics of the population1 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 ,states4 ,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 ,states4 ,the percentage of lynchings to the population in the several counties where lynchings have taken place was compared with the percentage of negroes1 the percentage of foreign born1 and the percentage of illiterates in those several counties4#bba ,to facilitate comparison1 trial charts were drawn on which the percentages were plotted in graphic form1 and the results were carefully noted4 ,in the comparison of the percentage of lynchings with the percentage of negroes in the population by counties no correlation can be clearly distinguished4 ,in many counties where the negroes constitute between sixty per cent and eighty per cent of the population the percentage of lynchings is high1 but there are also numerous exceptions4 ,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 correlation4 ,it is shown pretty conclusively1 however1 that there is no tendency for the percentage of lynchings to increase where the percentage of foreign born in the population is large4 ,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 correlation4 ,the net result of this investigation into some characteristics of the population in relation to the distribution of lynchings is negative rather than positive4 ,the proportion between the white and colored elements in the population does not seem to affect the prevalence of lynchings4 ,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 population4 ,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 practice4 ,so far as the percentage of illiterates in the population is an indication of the degree of culture and civilization possessed by a community1 it does not appear that lynchings are confined to backward communities4 ,the deductions which may be drawn as a result of this investigation afford no explanation why1 for instance1 a greater number of lynchings occurred in ,decatur ,county1 ,georgia1 than in any other county in that ,state1 or why there were ten lynchings in ,dallas ,county1 ,alabama1 but only one lynching in ,lowndes1 an adjoining county4 ,it is probably true that the distribution of lynchings is largely affected by entirely local conditions1 conditions which cannot be represented by statistics4#bbb ,in this chapter nothing has been said about the methods adopted for lynching during the twenty-two-year period4 ,in the record of lynchings published by the ,chicago ,tribune no mention is made of the manner of death which the victims suffered4 ,it is probably true that most of the lynchings were either by hanging or by shooting1 or by both hanging and shooting4 ,additional indignities and cruelties have not infrequently been inflicted1 however1 and there have been a number of cases where the victims have been burned alive4 ,the following cases of lynching by burning alive have come to the writer's notice3 in #ahhd1 one in ,texas2 in #ahia1 one in ,texas1 one in ,louisiana2 in #ahib1 one in ,arkansas2 in #ahic1 one in ,texas2 in #ahid1 one in ,kentucky2 in #ahie1 one in ,texas2 in #ahig1 one in ,north ,carolina2 in #ahii1 one in ,georgia1 one in ,mississippi1 one in ,kentucky2 in #aija1 one in ,kansas2 in #aijb1 three in ,mississippi1 one in ,arkansas1 one in ,texas1 one in ,colorado2 in #aijc1 one in ,illinois1 one in ,delaware2 in #aijd1 one in ,mississippi1 one in ,georgia1 at each of which two persons were burned at the stake1 in the former instance one of them being a woman4 ,in all these cases the victims were negroes and they were believed to be either guilty of several crimes or of a single atrocious crime4 ,the majority were lynched for the double crime of rape1 or attempted rape1 and murder4 ,if these cases of burning alive form a list that is at all complete1 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 relief4 ,while the exact figures have been given in this investigation of lynchings in recent years based on the ,chicago ,tribune record1 it is to be remembered that these figures are probably only approximations4 ,it is extremely doubtful whether exactly #c1ccg persons have been lynched in the ,united ,states during the last twenty-two years1 or whether there have been exactly #b1dfe lynchings4 ,it is probable1 however1 that these approximations are as nearly correct and as reliable as any that we shall ever get1 and there seems to be no reason why they should not form a sound basis for the statistical study attempted in this chapter4 ,,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-law4 ,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 patriots4 ,on the frontier it was urged that the imminence of the danger warranted summary procedure against desperadoes and marauders1 at first merely whipping and banishment1 later hanging and summary execution4 ,in the time of the anti-slavery agitation circumstances had arisen under which measures1 though not strictly warranted by law1 were held to be justifiable from the nature of the offense4 ,in the opinion of the slave-holder summary treatment in the form of flogging1 tarring and feathering1 and banishing the abolitionist was wholly justifiable4 ,the doctrine that 8when the law is inefficient to take hold of a man the people should0 was again and again referred to in support of the summary punishment of the abolitionists4 ,hidden away in ,judge ,lawless's charge to the ,st4 ,louis grand jury is the same principle4#bbc ,if the lawless violence was the work of the 8many10 if it was committed by a representative number of the citizens while in a state of frenzy and excitement1 it must be considered beyond the reach of human law4 ,in #ahci1 ,w4 ,e4 ,channing stated the principle in the following words3 8,undoubtedly there may be crimes1 so unnatural1 so terrible to a community1 that a people may be forgiven1 if1 deeming the usual forms of justice too slow1 they assume the perilous office of inflicting speedy punishment4444 ,there is1 indeed1 as ,i have intimated1 one case where popular commotion does comparatively little harm1 ,i mean that which is excited by some daring crime1 which the laws sternly forbid1 and which sends an electric thrill of horror through a virtuous community4 ,in such a case1 the public without law do the work of law1 and enforce those natural1 eternal principles of right1 on which all legislation should rest40#bbd ,governor ,lynch1 of ,mississippi1 in his message to the ,state legislature in #ahcf1 used the following language with reference to the hanging of the ,vicksburg gamblers3 8,however we may regret the occasion1 we are constrained to admit that necessity will sometimes prompt a summary mode of trial and punishment unknown to the law40#bbe ,a few years later ,captain ,marryat wrote3 8,englishmen express their surprise that in a moral community such a monstrosity as ,lynch law should exist2 but although the present system1 which has been derived from the original ,lynch law1 cannot be too severely condemned1 it must1 in justice to the ,americans1 be considered that the original custom of ,lynch law was forced upon them by circumstances4444 ,in its origin the practice was no more blameable than were the laws established by the ,pilgrim fathers on their first landing at ,plymouth1 or any law enacted amongst a community left to themselves1 their own resources1 and their own guidance and government4 ,lynch law1 as at first constituted1 was nothing more than punishment awarded to offenders by a community who had been injured1 and who had no law to refer to1 and could have no redress if they did not take the law into their own hands2 the present system of ,lynch law is1 on the contrary1 an illegal exercise of the power of the majority in opposition to and defiance of the laws of the country1 and the measure of justice administered and awarded by those laws4 8,it must be remembered that fifty years ago1 there were but few white men to the westward of the ,alleghany ,mountains2 that the ,states of ,kentucky and ,tennessee were at that time as scanty in population as even now are the districts of ,ioway and ,columbia2 that by the institutions of the ,union a district required a certain number of inhabitants before it could be acknowledged as even a district2 and that previous to such acknowledgment1 the people who had squatted on the land had no claim to protection or law4 ,it must also be borne in mind1 that these distant territories offered an asylum to many who fled from the vengeance of the laws1 men without principle1 thieves1 rogues1 and vagabonds1 who escaping there1 would often interfere with the happiness and peace of some small yet well-conducted community1 which had migrated and settled on these fertile regions4 ,these communities had no appeal against personal violence1 no protection from rapacity and injustice4 ,they were not yet within the pale of the ,union4444 8,it was1 therefore1 to remedy the defect of there being no established law1 that ,lynch law1 as it is termed1 was applied to2 without it1 all security1 all social happiness would have been in a state of abeyance4 ,by degrees1 all disturbers of the public peace1 all offenders against justice met with their deserts2 and it is a query1 whether on its first institution1 any law from the bench was more honestly and impartially administered than this very ,lynch law1 which has now had its name prostituted by the most barbarous excesses and contemptuous violation of all law whatever4 ,the examples ,i am able to bring forward of ,lynch law1 in its primitive state1 will all be found to have been based upon necessity1 and a due regard to morals and to justice40#bbf ,in #ahdc the practice of employing lynch-law in frontier settlements was justified in the following way3 8,until the law 444 is completely established the ,lynch tribunals assert a concurrent jurisdiction1 so to speak1 with the ordinary courts2 and this jurisdiction they preserve until the population loses the habit of resorting thereto1 and acquires that of confiding in the protection afforded by the legal tribunals2 a change of habit which takes place1 we believe1 as soon as those tribunals have power to protect4 ,in a new and thinly peopled country every man feels that he may at any time be called upon to act as his own protector4 ,a habit of self-reliance is thus generated which time alone can convert into a habit of relying upon the law40#bbg ,in a book descriptive of border life in ,texas1 which was published in #aheb1 the frontier type of lynch-law received the following justification3 8,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 dismay1 and hearing only its cruel side1 stigmatize as the utterly unpardonable ,lynch ,law4 ,most true it is1 that nothing but urgent and deplorable necessity will drive a just and merciful man to participate in its tribunals1 but it is not less true that in frontier settlements1 if the fear of its quick vengeance did not overawe the wicked1 the innocent and peaceful would be in hourly danger of wrong and outrage4444 8,the wild verdicts borderers sometimes enact1 in the faith that they are just and needful1 sound uncouthly to those fenced round with regular courts1 and must seem dreadful to ,christian men accustomed to the solemn decorum with which constituted courts deal out their legal awards of chains1 lashes1 and hangings2 yet1 seen close at hand1 with a knowledge of the situation of the community1 and of the life and deeds of the evil-doer1 many of ,judge ,lynch's verdicts will appear more just and necessary than half of the sentences of the regular courts4444 8,statute law is but the formal expression of what the larger community deems wisest and most just for the general welfare1 the small1 crude1 remote settlement does the same for itself2 only without writing down its enactments1 and in the more summary way enforced by its peculiar situation4 ,it has no prison houses in which to detain a criminal1 no courts in which to try him1 no funds wherewith to support him in long duress4 ,if a crime is committed the accused has the whole community for judges and jury1 and if he is found guilty by common suffrage they proceed to execute the verdict40#bbh ,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 tribunals1 so that recourse to lynch-law would have been unnecessary4 ,he writes3 8,the greater share of the sin and disgrace falls upon the government1 which leaves to its citizens a heavy and responsible office1 that ought to be guarded by all the solemnities and securities of law40#bbi ,such are the arguments and the lines of reasoning by which the operation of lynch-law previous to the ,civil ,war was generally justified4#bcj ,vindication was urged on grounds of necessity or self-preservation and the nature of the offense1 and it was lynch-law as applied to whites that was thus vindicated4 ,the anti-slavery agitation and the emancipation of the slaves brought to the support of lynch-law procedure another factor--that of race prejudice4 ,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 lynchings4 ,it is a mistake1 however1 to consider this race prejudice as of recent origin in the ,united ,states4 ,race prejudice between the whites and the negroes in this country began with the landing of the first ship-load of slaves in ,virginia4 ,in describing the condition of the negroes in the colony of ,virginia1 ,george ,w4 ,williams says3 8,it was not a mitigating circumstance that the white servants of the colony who came into natural contact with the ,negroes were #8disorderly persons1' or convicts sent to ,virginia by an order of the ,king of ,england4 ,it was fixed by public sentiment and law that there should be no relation between the races4 ,the first prohibition was made ,september #ag1 #afcj4 ,hugh ,davis1 a white servant1 was publicly flogged #8before an assembly of ,negroes and others1' for defiling himself with a ,negro4 ,it was also required that he should confess as much on the following ,sabbath4444 ,all intercourse was cut off between the races4 ,intermarrying of whites and blacks was prohibited by severe laws4 ,and the most common civilities and amenities were frowned down when intended for a ,negro4 ,the plantation was as religious as the ,church1 and the ,church was as secular as the plantation4 ,the #8white ,christians' hated the ,negro1 and the ,church bestowed upon him a most bountiful amount of neglect40#bca ,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 zone4 ,when these two streams met1 the chief characteristics of the former were3 civilization of a very low level2 no letters or art or science1 language in the agglutinative state2 industries confined to a very elementary agriculture1 fishing1 a little hunting1 and some simple handicrafts2 no religion except that which explains all natural phenomena by reference to spirits1 mostly ill-disposed towards man2 physical and psychic characteristics substantially uniform1 only trained observers being able to detect differences here and there4 ,the stream from the north temperate zone1 on the contrary1 was characterized by an hereditary endowment delicately adjusted to the highest civilization recorded in history4 ,a difference and contrast better adapted to bringing about racial antagonism can scarcely be conceived4#bcb ,on both physical and psychic grounds there is reason for an antagonistic feeling between the white race and the black race4 ,physically there is great diversity between the racial types of the two races4 ,the color of the negro's skin1 his kinky hair1 and his general physiognomy1 especially his flat nose and protruding lips with receding 7actual or apparent7 forehead1--all are widely diverse from the white man's standard of beauty and symmetry4 ,measured by the ,caucasian ideal the features of the negro are coarse and animal-like4 ,to most white persons1 also1 the odor arising from an assemblage of negroes is extremely disagreeable1 and some negroes say that they find the odor of white persons similarly distasteful4#bcc ,with reference to the psychic characteristics of the two races1 their intellectual and moral traits1 there is even greater diversity4 ,in their religion1 and essential manners1 customs1 and habits of thought1 the differences are so great as to constitute almost opposite extremes4 ,there is a total lack of anything like a community of interest between the two races4 ,members of the white race and of the black race do not find satisfaction in intermarriage and mingling together around the hearthstone4 ,the whites and the blacks never have associated and do not to-day associate together in public and in private as one people4#bcd ,when two races1 occupying the same territory and living side by side1 differ so widely in their physical features1 in their interests and in their attainments1 as do the white and colored races in this country1 it is most natural and indeed almost inevitable that prejudice should arise between them4 ,the institution of slavery has no doubt created a caste feeling on the part of the master race1 and yet this is but the strengthening and deepening of a natural race antipathy1 the causes for which are evident4 ,slavery merely intensified a feeling that was due to other causes4 ,it is an error to say that slavery has been the cause of all the prejudice against the negro4#bce ,it is true that the black race long wore the chain of slavery and was regarded as an inferior race1 and this was true in the ,united ,states as well as elsewhere2 but the reason for the antagonistic feeling lies deeper than that fact4#bcf ,an indication of the existence of racial prejudice during the period of slavery is found in a report adopted at the 8,second ,annual ,convention of the ,people of ,color0 which met at ,philadelphia in ,june1 #ahcb4 ,this convention1 composed of free negroes1 adopted a resolution in which the following passage occurs3 8,the recent occurrences at the ,south have swelled the tide of prejudice until it has almost revolutionized public sentiment1 which has given birth to severe legislative enactments in some of the ,states1 and almost ruined our interests and prospects in others1 in which1 in the opinion of your ,committee1 our situation is more precarious than it has been at any other period since the ,declaration of ,independence4 ,the events of the past year have been more fruitful in persecution1 and have presented more inducements than any other period of the history of our country1 for the men of color to fly from the graves of their fathers1 and seek new homes in a land where the roaring billows of prejudice are less injurious to their rights and privileges40#bcg ,to this view of the matter there is an apparent objection4 ,it would seem that if race prejudice existed during the time of slavery1 it should have manifested itself in the form of summary treatment of the negroes more frequently than it did4 ,in general1 however1 there was no occasion for its manifestation4 ,so long as the blacks were valuable as slaves and accepted their inferior position without protest1 no one wanted to get rid of them or put them to death4 ,the fact that slaves were property1 and in that capacity were amenable to the laws1 made recourse to unlawful procedure against them both unwise and unnecessary4 ,it was only in cases of insurrection among the slaves1 or when some especially brutal and barbarous crime was committed by a negro1 that summary measures were adopted prior to the ,civil ,war4 ,at such times negroes were killed without mercy1 sometimes they were tortured and their bodies mutilated while still alive1 and occasionally they were burned to death4 ,but these were extraordinary occasions2 ordinarily the law was allowed to take its course4#bch ,a careful study of the relations which existed between the two races from #afai to #ahfj will reveal the presence of more or less racial antipathy4 ,the institution of slavery1 however1 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 offenses4 8,slavery was1 in its way1 a thoroughgoing school2 the negro race was educated in the cotton-fields and cabins of the ,south4 ,in the ,old ,south there was very little negro crime and no negro idleness4 ,the negro worked under direction2 he was taught how to work2 he cheerfully accepted his work1 and he was the soul of fidelity1 as the history of the war proved40#bci ,restraints were placed around him2 he received protection and guardianship2 and1 above all1 he received an industrial training which gave him some degree of control over his own impulses and actions4 ,he was looked upon and governed as a child1 and he was punished as a child when he committed a breach of the peace or some serious offense against person or property4 ,the legal procedure for the punishment of negroes1 based upon the property right in slaves1 was in perfect accord with the order of society that had been established during two hundred years or more of slavery4 ,when the institution of slavery was attacked in the early thirties and during the years of controversy which followed1 and still more when it was finally overthrown in the sixties1 race prejudice began to manifest itself in the manner of treatment accorded negro criminals4 ,by the emancipation of the slaves in #ahfc1 under the existing conditions1 absolutely no restriction was left upon its manifestation1 for the property right in the negro had been swept away and the great mass of the negroes1 finding all the old restraints suddenly removed1 naturally mistook liberty for license and committed many excesses4 ,large numbers of negroes ceased to work4 8,the worst instincts of the negro came to the front2 the percentage of criminals among negroes increased to an alarming extent2 many were guilty of crimes of violence of the most heinous and repulsive kind40#bdj ,the result of emancipation had not been fully anticipated and no adequate legal provision was made for the control of the freedmen4 ,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 affairs4 ,further1 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 criminals1 but the sudden elevation of the negroes to political equality with the whites directly encouraged its display4 8,two hundred years or more of slavery educated both the white and the black to a fixed order of society1 in which the negro was the servant and the white man the master4 ,in one generation1 through as devastating a war as any country ever experienced1 slavery was abolished1 the vast property interests in the slave destroyed1 the structure of society reversed1 the master put at the bottom and the slave at the top40#bda ,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 slave4 ,he was far from being a fully developed man capable of exercising the duties of citizenship in a democratic government1 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 master4 ,a legal system was established which had no basis in the order of society then existing4 ,the result was enmity and bitterness between whites and blacks at a time when there should have been sympathy and forbearance1 and summary and illegal measures were adopted by the whites to prevent negro domination4 ,any one who would deal intelligently with the questions presenting themselves in the ,south to-day must recognize the existence of a racial prejudice4 ,in some respects it is an unreasoning prejudice1 a prejudice in the extreme sense of the word1 but there is also a real and substantial basis for such racial antipathy1 and it is a feeling which is not likely to disappear for generations to come4 ,it must be taken into account in the consideration of all remedies proposed for existing evils in the ,south4 ,it is something that cannot be removed by legislative enactments2 neither can it be destroyed by constant crying out against it4 ,while it does not justify the lynching of negroes1 it does furnish a standpoint from which justification is easy1 and it is a fact which makes the prevention of such lynchings extremely difficult1 particularly where brutal crimes are committed upon whites by negroes4 ,the commonest justification for lynching negroes in recent years1 the plausibility of which rests very largely on race prejudice1 is the crime of rape as directed against white women4 ,according to ,tillinghast this crime has come into existence since the ,civil ,war1 and its perpetrators are overcome in many cases by primitive passions which master the criminal's whole being1 a great fear being present also which impels to murder4#bdb ,strictly speaking1 this crime has not come into existence since the ,civil ,war4 ,it is not a new crime to the negro4 ,it has merely increased and become more common along with the general increase in criminality manifest in the negro race since emancipation4#bdc ,in colonial times laws were in force in a number of the colonies providing for the punishment of rape committed by negroes on white women1 and there were numerous instances of the perpetration of this crime4#bdd ,in the year #agje the ,assembly of the ,province of ,pennsylvania enacted that 8,,whereas some ,difficulties have arisen within this ,province1 about the ,manner of ,trial and ,punishment of ,negroes committing ,murder1 ,manslaughter1 ,buggery1 ,burglary1 ,rapes1 ,attempts of ,rapes 444 it shall and may be lawful for two justices of the ,peace of this ,province1 who shall be particularly commissionated by the ,governor for that ,service1 within the respective ,counties thereof1 and ,six of the most substantial ,freeholders of the ,neighbourhood to hear1 examine1 try and determine 444 and shall be punished by ,death4 ,and for an ,attempt of ,rape or ,ravishment on any white ,woman or ,maid1 and for robbing1 stealing1 or fraudulently taking and carrying away any ,goods1 living or dead1 above the ,value of ,five ,pounds1 every ,negroe1 upon ,conviction of any of said ,crimes1 shall be whipped ,thirty-nine ,lashes1 and branded on the ,forehead with the ,letter ,r or ,t1 and exported out of this ,province by the ,master or ,owner1 within ,six ,months after ,conviction1 never to return into the same1 upon ,pain of ,death1 and shall be kept in ,prison till ,exportation at their ,masters or ,owners or their own ,charge40#bde ,by an act passed ,december #aj1 #agab1 the colony of ,new ,york provided that 8all and every ,negro ,indian or other ,slave1 who 444 shall murder or otherwise kill 444 or conspire or attempt the ,death of any of ,her ,majesty's liege people1 not being ,slaves1 or shall commit or attempt any rape on any of said ,subjects1 or shall wilfully burn any dwelling-house1 barn1 etc4 444 or shall wilfully mutilate1 mayhem or dismember any of the said ,subjects not being ,slaves as aforesaid1 or shall wilfully murder any ,negro1 ,indian or ,mallatto ,slave within this ,colony1 and shall thereof be convicted before three or more of ,her ,majesty's ,justices of the ,peace 444 in ,conjunction with five of the principal ffreeholders of the ,county wherein such fact shall be committed1 444 or before any ,court of ,oyer and ,terminer or ,general ,gaole ,delivery 444 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 aforesaid1 or as in the judgment of ,seven of the said ,justices and ffreeholders they shall merit and require40#bdf ,by an act passed ,march #aa1 #agac-ad1 the ,general ,assembly of the ,province of ,new ,jersey made the above enactment the law of ,new ,jersey1 and added the provision that 8if any ,negro1 ,indian or ,mulatto ,slave shall attempt to ravish any white ,woman or ,maid 444 any two ,justices of the ,peace are hereby authorized to inflict such corporal ,punishment1 not extending to ,life or ,limb1 upon such ,slave or ,slaves so offending1 as to the said ,justices shall seem meet40 ,in #agba ,delaware passed 8,an ,act for the ,trial of ,negroes0 the provisions of which were similar to those of the law of ,pennsylvania enacted in #agje4 ,two justices of the peace1 8particularly commissionated by the ,governor for that service within the respective counties thereof10 and six of the most substantial freeholders of the neighborhood1 were to hear1 examine1 try and determine offenses committed by negro or mulatto slaves1 and it was provided that 8if any ,negro or ,mulatto slave 444 shall attempt to commit a rape on a white woman or maid1 they shall be tried in manner aforesaid1 and shall be punished by standing four hours in the pillory at the ,court-,house on some court day1 with both ears nailed to the pillory1 and before he be taken down from the same shall have both his ears cut off close to his head40#bdg ,by an act of ,june #h1 #agea1 it became the law of ,maryland 8that if any slave or slaves shall at any time consult1 advise1 conspire or attempt to raise any insurrection within this province1 or to murder or poison any person or persons whatsoever1 or to commit a rape upon any white woman1 or to burn any house or houses1 and be thereof convict by confession or verdict 444 shall suffer death1 as in cases of felony1 without benefit of clergy40#bdh ,in ,north ,carolina1 in #ageh1 the ,assembly resolved to try 8a plan which would save the lives of the slaves and still act as a deterrent from further crimes40 ,it was enacted 8that 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 offence2 but that on due conviction such an offender should be castrated1 the sheriff to be allowed for the operation twenty shillings to be paid by the public4 ,the court must fix the value of the slave before the execution of this sentence1 so that if it should be the cause of his death there might be no dispute as to the value to be paid his master4 ,three pounds were allowed by the public for the curing of the slave's wounds4 ,for the second offence death might be the penalty40#bdi ,foregoing further quotation and reference1 the statement may be made that in the colonial period1 when laws were enacted for the trial and punishment of offenses committed by negroes upon whites1 rape was usually one of the offenses for which capital punishment was provided1 and considerable discretion was generally allowed the judicial authorities as to the manner in which the penalty should be inflicted1 the methods of hanging and burning alive both being employed4 ,in ,massachusetts1 in the year #afgf1 ,basto1 a negro slave1 was sentenced to be hanged for rape on the daughter of his master4#bej ,in ,new ,jersey1 in the year #agca1 8a negro slave called ,harry1 ravished ,annatye ,pryers1 but1 apparently without exercising much force2 sentenced to receive forty-one lashes and to be branded on the right shoulder with the letter #8,b4'0#bea ,in ,maryland1 in #agci1 8two slaves of ,anne ,arundel were executed1 one for burglary1 the other for rape on a white woman2 and the body of the second1 who had been a notorious offender1 was hung in chains at some distance from the gallows40#beb ,in ,somerset ,county1 ,new ,jersey1 in the year #agdd1 a young negro was burnt alive for ravishing a white child about nine years old4#bec ,the punishment of burning alive1 which was sometimes applied to negroes by the courts during the colonial period1 was1 however1 usually inflicted for other offenses than rape1 such as murder or conspiracy to murder 7particularly by the use of poison71 insurrection1 and arson4#bed ,but this punishment was never applied to negroes during the colonial period except by judicial decree4 ,indeed1 with the possible exception of the slave insurrection in ,south ,carolina in #agdj1bee there are no instances recorded in colonial history where slaves were publicly executed without trial4#bef ,both by law and by public sentiment slaves were recognized as chattels1 and when they were executed for crimes for the commission of which the owners could in no way be held responsible1 such owners were entitled to indemnification and could enter suit at law for damages4 ,it was customary for the courts when passing sentence of death upon a slave to fix the valuation of the slave1 and this sum was then paid to the owner4 ,there is evidence to show that this crime directed against white women continued to be perpetrated down to the time of the ,civil ,war4 ,the ,salem 7,mass47 ,gazette for ,october #e1 #ahac1 contained this item3 8,at the late term of the ,supreme ,judicial ,court1 holden at ,northampton1 ,peter ,pyner1 a black man1 was convicted of a ,rape1 committed on the body of a white female4 ,the circumstances of the case were of a very distressing nature1 and the evidence of his guilt clear beyond a question4 ,sentence of ,death was pronounced by his ,honor ,chief ,justice ,parsons1 in a solemn and affecting manner40 ,the ,richmond ,enquirer of ,december #ad1 #ahac1 gives an account of the killing of a negro slave by a white woman in defense of her virtue4#beg ,the following passages are taken from ,niles' ,register in the years #ahba and #ahbb4 8,a ,monster4 ,a negro fellow1 armed with a gun1 seized upon a respectable married lady1 near ,cartersville1 ,va41 and attempted to commit a rape on her4 ,after a long contest1 she succeeded in getting out of his clutches1 when he fired at her1 but missed his aim4 ,about an hour afterwards1 he in like manner attacked another married lady--not succeeding1 after a desperate struggle1 he attempted to kill her with a knife1 but she wrested it from him1 and getting released1 ran away1 when he fired at her and lodged many shot in the back of her neck and head--and yet1 thus wounded1 she escaped4 ,the fellow declared his intention of thus serving all the white women he could meet with4 ,a reward is offered for his apprehension40#beh 8,a negro1 near ,winchester1 in ,virginia1 lately assailed two young ladies1 tied them to trees and compelled them to endure his loathsome caresses2 but was happily frustrated as to his ultimate design40#bei 8,trial of ,ned4 ,a negro fellow so named1 was tried and condemned at ,norfolk on the #aith inst4 for the crime of committing a rape on the person of a respectable white woman4 ,he was found guilty1 and the decision of the court was received with a burst of applause40#bfj 8,these remarks were chiefly induced by reflecting on the late conspiracy at ,charleston1 and certain shocking enormities committed near ,norfolk and in ,north ,carolina on the persons of white women1 for which the perpetrators were put to death1 the relation of which is too disgusting for our pages4 ,thirty-five have been hung and others remain for execution at ,charleston1 and many were sentenced to transportation1 c4 yet it appears that the trials are not yet over4 ,the plot seems to have been well devised1 its operation was extensive1 and its intent terrific4444 ,when the plan was nearly ripe1 the conspiracy was made known1 and a large number of the supposed principals were arrested--twenty-two of whom were executed in one day6444 ,the system of slavery involves in itself a state of dreadful severity1 for it is sustained only by force--and about #fj years ago1 thirteen blacks were burnt alive in the then colony of ,new ,york for insurrectionary movements40#bfa ,the following item appeared in ,niles' ,register for ,july #af1 #ahca 7#dj3 #cde73 8,a young lady1 in ,duplin ,county1 ,north ,carolina1 about fourteen years old1 while proceeding to pay a visit to a neighbor between eleven and twelve o'clock1 noon1 was violated and murdered close to the road1 after an apparently severe struggle1 the ground at the place being much trodden4 ,the ,infernal1 after accomplishing his first purpose1 cut her throat6 ,no clue had been discovered by which to trace the villain40 ,niles' ,register for ,august #bd1 #ahcc 7#dd3 #dbc7 contained the following3 8,a free negro calling himself ,james ,warfield1 has been committed to the jail of ,harford county1 ,maryland1 charged with the commission of a rape upon a little girl aged nine years1 the daughter of ,mr4 ,william ,adams1 a respectable resident of that county40 ,such evidence shows that the crime of rape directed against white women was not unknown prior to #ahfj4bfb ,as regards other crimes frequently committed by negroes during the period of slavery1 apparently it formed a rather small proportion4 ,it was far from being a crime that was more frequently committed than any other1 and yet it was one for the perpetration of which the negroes showed a marked propensity whenever an opportunity presented itself4 ,under the institution of slavery1 however1 such opportunities were few4 ,from the nature of slavery1 the negro seldom had an opportunity to ravish a white woman4 ,the strong1 burly negro who was considered dangerous and likely to commit violence was ordinarily put at hard labor in the fields and kept under strict surveillance4 ,also1 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 efforts4 ,habits of obedience and industry1 however inculcated1 go very far toward restraining criminal impulses4 ,the good effects of the discipline of the slave rgime were particularly manifest during the progress of the ,civil ,war1 when the ,southern planters were obliged to leave their families with no other protectors than the slaves1 and these slaves discharged their trust with uniform faithfulness and loyalty4 ,from the colonial period to the beginning of the anti-slavery agitation in the early thirties1 the law was regularly allowed to take its course in dealing with negro criminals4 ,very little inclination was shown on the part of the people to inflict punishment otherwise than as was then provided by law4 ,with regard to the crime of rape two instances may be cited where summary measures were employed4 ,niles' ,register for ,november #ae1 #ahbc 7#be3 #agf7 contained this item3 8,negro ,frank was lately tried at ,frederick1 ,maryland1 for having defloured a young white female4 ,that the fact had taken place1 and as stated1 in the most brutal manner1 was admitted2 but ,frank was acquitted for the want of sufficient proof of his person4 ,some of the people1 however1 thought he was guilty--and1 after his release1 he was beaten so severely1 as almost to deprive him of life40 ,the following item appeared in ,niles' ,register for ,march #aj1 #ahcb 7#db3 #bb73 8,a negro fellow lately committed a horrid outrage on the body of a girl twelve or thirteen years old1 the daughter of a respectable gentleman in ,dinwiddie county1 ,virginia1 who was almost killed by his brutality4 ,the ravisher was caught by the father1 and instantly punished with #aej lashes1 of which it was believed that he would die--if not he would be brought to trial40 ,that there was an increasing disposition to resort to summary methods for the punishment of negroes during the period #ahcj-ahfj has been shown in the evidence cited in ,chapter ,,iv2 but so far as the infliction of summary capital punishment was concerned1 that did not become a serious evil until the time of the ,reconstruction of the ,southern ,states4 ,comparatively few negroes were lynched until after the close of the ,war4 ,it may be said1 therefore1 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 ,war1 both were held in check by the institution of slavery4 ,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 time2 and not only did the institution of slavery directly bring about this greater reliance on legal procedure1 by the suppression of the strongest incentives toward adopting summary and illegal procedure1 but it made possible the enactment of special laws providing for a more expeditious trial and execution of sentence in the case of negro offenders4 ,in the year #agdj1 ,south ,carolina made the following provision for the trial of slaves3 8,and whereas1 natural justice forbids that any person1 of what condition soever1 should be condemned unheard1 and the order of civil government requires that for the due and equal administration of justice1 some convenient method and form of trial should be established2 ,be it therefore enacted by the authority aforesaid1 ,that all crimes and offences which shall be committed by slaves in this ,province1 and for which capital punishment shall or lawfully may be inflicted1 shall be heard1 examined1 tried1 adjudged and finally determined by any two justices assigned to keep the peace1 and any number of freeholders not less than three or more than five1 in the county where the offences shall be committed1 and who lives in the parts adjacent1 and can be most conveniently assembled2 either of which justices1 on complaint made or information received of any such offence committed by a slave1 shall commit the offender to the safe custody of the constable of the parish where such offence shall be committed1 and shall without delay1 by warrant under his hand and seal1 call to his assistance and request any one of the nearest justices of the peace to associate with him1 and shall1 by the same warrant1 summon such a number of the neighboring freeholders as aforesaid1 to assemble and meet together with the said justices1 at a certain day and place1 not exceeding three days after the apprehending of such slave or slaves#bfc2 and the justices and freeholders being so assembled1 shall cause the slave accused or charged1 to be brought before them1 and shall hear the accusation which shall be brought against such slave1 and his or her defence1 and shall proceed to the examination of witnesses and other evidences1 and finally to hear and determine the matter brought before them1 in the most summary and expeditious manner2 and in case the offender shall be convicted of any crime for which by law the offender ought to suffer death1 the said justices shall give judgment1 and award and cause execution of their sentence to be done1 by inflicting such manner of death and at such time1 as the said justices1 by and with the consent of the freeholders1 shall direct1 and which they shall judge will be most effectual to deter others from offending in the like manner4 8,and be it further enacted by the authority aforesaid1 ,that if any crime or offence not capital1 shall be committed by any slave1 such slave shall be proceeded against and tried for such offence in the manner hereinbefore directed1 by any one justice of the peace and any two freeholders of the country where the offence shall be committed1 and can be most conveniently assembled2 and the said justice and freeholders shall be assembled1 summoned and called together1 and shall proceed upon the trial of any slave who shall commit any offence not capital1 in like manner as is hereinbefore directed for trying of causes capital4 ,and in case any slave shall be convicted before them of any offence not capital1 the said one justice1 by and with the consent of the said freeholders1 shall give judgment for the inflicting any corporal punishment1 not extending to the taking away life or member1 as he and they in their discretion shall think fit1 and shall award and cause execution to be done accordingly4 ,provided always1 that if the said one justice and two freeholders1 upon examination of any slave charged or accused before them for an offence not capital1 shall find the same to be a greater offence1 and may deserve death1 they shall1 with all convenient speed1 summons and request the assistance of another justice and one or more freeholders1 not exceeding three1 which said justice and freeholders newly assembled1 shall join with the justice and freeholders first assembled1 and shall proceed in the trial1 and unto final judgment and execution1 if the case shall so require1 in manner as is hereinbefore directed for the trial of capital offences4 8,and be it further enacted by the authority aforesaid1 ,that two justices and one freeholder1 or one justice and two freeholders1 of the said two justices and three freeholders1 shall make a quorum1 and the conviction or acquittal of any slave or slaves by such a quorum of them shall be final in all capital cases2 but on the trial of slaves for offences not capital1 it shall and may be sufficient if before sentence or judgment shall be given for inflicting a corporal punishment1 not extending to life or member1 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 charged4444 8,and whereas1 slaves may be harbored and encouraged to commit offences1 and concealed and received by free negroes1 and such free negroes may escape the punishment due to their crimes1 for want of sufficient and legal evidence against them2 ,be it therefore further enacted by the authority aforesaid1 ,that the evidence of any free ,indian or slave1 without oath1 shall in like manner be allowed and admitted in all cases against any free negroes1 ,indians 7free ,indians in amity with this government1 only excepted17 mulattoe or mustizoe2 and all crimes and offences committed by free negroes1 ,indians1 7except as before excepted17 mulattoes or mustizoes1 shall be proceeded in1 heard1 tried1 adjudged and determined by the justices and freeholders appointed by this ,act for the trial of slaves1 in like manner1 order and form1 as is hereby directed and appointed for the proceedings and trial of crimes and offences committed by slaves2 any law1 statute1 usage or custom to the contrary notwithstanding40#bfd ,few of the other colonies made such careful and comprehensive provision for expediting the trial of slaves1 whether accused of minor or of capital offenses4 ,a number of the other colonies1 however1 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 slaves4#bfe ,indeed1 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 offenses1 and that special penalties were imposed upon such offenders4 ,it is to be noted in the ,south ,carolina ,act of #agdj that free negroes were given the same form of trial as the slaves1 and that the whole purport and spirit of the statute was merely that justice might be done4 ,so long as the negro race was in bondage to the white race1 then1 not only were the inciting causes of negro lynching largely held in check1 but such provisions were made for the trial and punishment of miscreant slaves that resort to lynching was wholly without justification4 ,even after the anti-slavery agitation had begun in the early thirties and summary measures were occasionally taken against negro offenders1 justification was claimed on the ground of the incendiary publications and utterances of the abolitionists rather than the specific crimes committed by the blacks4 ,the fact that during the period of slavery1 in the case of the raping of white women1 as well as of other crimes1 the law was generally allowed to take its course1 goes far toward refuting the argument that lynching is necessary to repress crime among the negroes in the ,south to-day4 ,history has shown it to be a fundamental mistake to assume that illegal and summary procedure against a particular offense will deter from that offense4 ,as one writer has very forcibly said1 if an argument based on this assumption were put into plain language1 it would read3 8,let past crime be met with present crime in order that future crime may be prevented40#bff ,all revengeful dealing with crime has increased crime rather than lessened it4 ,the only deterrent from crime that men have found is the prompt and certain and solemn punishment by law1 sustained and supported by a confident1 unyielding body of public opinion4#bfg ,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 respect4 ,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 ,states4 ,first1 it was because of insurrections2 then1 it was the fear of negro domination and supremacy2 then1 when neither of these was any longer defensible as an excuse1 the crime of assault upon white women was put forward to justify their persecution4#bfh ,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 justification4 ,the facts as known indicate that lynching for that crime1 instead of having a repressive influence1 has directly stimulated its perpetration4 ,assaults on white women have occurred again and again immediately following a lynching for such crime1 and they have so occurred in the same neighborhood where the lynching took place4#bfi ,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 home4#bgj ,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 inefficiency4 ,not that guilty negroes frequently escape conviction in the ,southern courts1 or that they fail to receive punishment to the full extent of the law1 but rather that the law and its administration seem utterly unsuited to the function of dealing with negro criminals4 ,a judicial system adapted to a highly civilized and cultured race is not equally applicable to a race of inferior civilization1 and the failure to realize this fact and act upon it1 by making special provision for the control of the negro population in the ,southern ,states since slavery was abolished1 is a fundamental reason for the disrepute into which legal procedure has fallen as regards negroes accused of offenses against the whites4#bga ,the mistakes of ,reconstruction times are not yet blotted out in the ,south4 ,abstractions still control where racial characteristics1 circumstances1 and conditions should be the determining factors4 ,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 government1 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 eye1 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 thereto4#bgb ,under such conditions it has been practically impossible for the ,south to find a satisfactory solution of its problem1 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 race4 ,in the last analysis lynch-law in this country is without any justification whatsoever4 ,in a government founded on the idea that ultimate power and authority shall rest with the people1 and in which sufficient facility has been given to the expression of the collective will of the people so that the acts of the government1 the formulation of the law1 and the administration of justice1 ought adequately to represent this collective will1 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 law4 ,but if circumstances and conditions be taken into consideration and the history of the practice carefully noted1 it is possible to see how justification has come about through the different points of view that have been taken4 ,from the standpoint of the frontiersmen and pioneers summary procedure in certain cases was wholly justifiable4 ,from the standpoint of the ,southerners during the period of ,reconstruction summary procedure was likewise wholly justifiable4 ,to men living in a community where a particularly brutal and barbarous crime is committed upon a white person by a negro1 the prompt lynching of the negro1 even with some torture and cruelty1 seems entirely defensible4 ,thus1 while we cannot justify the practice of lynching on any ground whatever1 yet the fact remains that it has been repeatedly justified in one way or another4 ,,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 directed4 ,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 society4 ,the changed social conditions incident to an increasing density of the population in a frontier region1 and the establishment of a regular and adequate judiciary1 remove every cause for the existence of the frontier type of lynch-law4 ,the rapid colonization of the western section of the ,united ,states has thus made that phase of the lynching question no longer a serious matter4 ,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 solution4 ,as has been pointed out in the preceding chapter1 there has been a strong popular sentiment in the ,united ,states1 even down to the present day1 excusing and apologizing for lynch-law procedure4 ,on the other hand1 however1 there has not been wanting at the same time a spirit of denunciation and disapprobation#bgc2 although it was not until the early nineties1 when public attention was directed to the subject by reason of the occurrence of a number of flagrant cases of lynching1 that determined efforts were put forth to check the practice4 ,previous to that time such discussion as there was of the subject brought no effective restraint to bear on the continuance of the practice1 either because of the intensely partizan character of the discussion as between the ,north and the ,south1 or because1 while the practice in general was denounced1 particular instances of lynching were excused4#bgd ,the newspapers and magazines took comparatively little notice of lynchings until after the year #ahij4 ,the newspapers printed accounts of such occurrences1 but the editorial protests were few1 and the magazine literature is almost barren on the subject4 ,on ,march #ad1 #ahia1 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 mob4 ,on ,may #cj1 #ahia1 ,tump ,hampton1 colored1 was burned at the stake in the parish of ,st4 ,tammany1 ,louisiana4 ,on ,january #ca1 #ahic1 a negro by the name of ,henry ,smith was publicly burned at the stake with extreme torture at ,paris1 ,texas4#bge ,excursion trains were run for the occasion and there were many women and children in the throng which watched the sufferings of the victim4 ,these and other instances of a similar character1 together with the increased number of lynchings in the years #ahia1 #ahib1 #ahic 7,see charts ,i and ,,iv71 focused the attention of the world upon the ,american practice of lynching4 ,italy demanded from the ,united ,states an indemnity for the lynching of the ,italians at ,new ,orleans4 ,foreign newspapers and periodicals united in heaping abusive censure upon the ,united ,states4 ,repeated and insistent demands were made1 in ,america as well as in ,europe1 that lynchers be brought to justice and be punished as other murderers are punished4 ,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 lynching4 ,miss ,ida ,b4 ,wells1 colored1 who was editor of the ,free ,speech published at ,memphis1 ,tennessee1 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 lynchers1#bgf gave a series of lectures in ,england in #ahic-id1 and started a crusade against lynching by organizing anti-lynching societies1 enrolling as members several men of international prominence4#bgg ,these bodies proposed to send a committee to this country 8to collect statistics and quietly to investigate the subject of lynchings in the ,united ,states40 ,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 project4 ,the statement of ,governor ,o',ferrall of ,virginia1 himself an anti-lynching man1 is typical of the ,southern sentiment4 8,things have come to a pretty pass in this country10 he said in the ,new ,york ,world1 8when we are to have a lot of ,english moralists sticking their noses into our internal affairs4 ,it is the quintessence of brass and impudence40#bgh ,the ,english committee never came to this country1 and ,miss ,wells at length recognized the futility of further work in ,england and returned home4 ,she has since organized anti-lynching societies in various parts of the ,north1#bgi and more recently1 as chairman of the ,anti-lynching ,bureau of the ,national ,afro-,american ,council1 has to all appearance been working principally among her own people1 urging them to take steps to prevent lynching4#bhj ,out of all this discussion1 agitation1 and censure there came proposals for various remedies for lynching4 ,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 suppression1 but most of the proposed measures were of the nature of new or additional laws directed specifically against lynching or mob violence4 ,early in the year #ahid a number of the citizens of ,louisiana petitioned the legislature of that ,state to enact stringent laws against lynching1 but the legislature adjourned without fulfilling the request4 ,a number of governors at about this time1 in messages to the ,state legislatures1 called attention to the subject and recommended immediate legislation4 ,governor ,hogg of ,texas made the matter of lynching the subject of a special message1 denouncing the practice and strongly urging the enactment of laws to prevent it4 ,governor ,o',ferrall1 in a message to the legislature of ,virginia1 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 fund4 ,recommendations of a similar character were subsequently made by the governors of ,maryland and ,georgia4 ,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 life1 he should be required to unshackle the prisoner1 arm him1 and give him an opportunity to defend himself4 ,on the assumption that the law's delay or slowness is the principal cause for lynching1 the governors of a number of ,states offered suggestions for a more expeditious judicial procedure4 ,of the many measures proposed1 however1 and of the numerous recommendations that special legislation be enacted against lynching1 comparatively few have received from the various legislatures sufficient consideration to lead to the enactment of laws on the subject4#bha ,the legislature of ,georgia1 in the year #ahic1 passed an act which authorized 8any officer1 charged with the duty of preserving the peace and executing the lawful warrants0 of the ,state1 who should have 8knowledge of any violence attempted to be perpetrated upon any citizen 444 by mob violence and without authority of law10 to summon a posse of citizens1 who must respond or be punished for a misdemeanor1 whose duty it should be to use every means in their power1 even to the extent of taking human life1 to prevent such violence4 ,it was made a misdemeanor for said officer to fail to call together a posse in such an emergency1 and citizens who responded were authorized to carry weapons in the performance of their duties4 ,any person engaged in 8mobbing or lynching any citizen 444 without due process of law0 should be arrested and punished by imprisonment in the penitentiary for not less than one nor longer than twenty years2 and if death resulted from such mob violence the person causing said death should be subject to indictment and trial for the offense of murder4#bhb ,the legislature of ,north ,carolina in the year #ahic passed an act which provided that every person who should conspire to break or enter1 or who should engage in breaking or entering1 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 years4 ,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 parties1 and jurisdiction of the offense was conferred upon the superior court of any county adjoining that in which the violence was committed4 ,it was also made a misdemeanor punishable by fine and imprisonment1 one or both1 at the discretion of the court1 for a witness wilfully to fail to comply with the process served on him1 or1 after being sworn1 to refuse to answer questions pertinent to the matter being investigated2 nor was any person to be excused from testifying on the ground that his evidence might tend to criminate himself1 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 testify4 ,the entire cost incurred in the prosecution was to be paid by the county in which the crime was committed1 and in case the commissioners of the county failed to provide a sufficient guard for a jail in response to the request of the sheriff1 and the jail should be entered and a prisoner killed1 the county became responsible in damages to be recovered by the personal representatives of the prisoner killed4#bhc ,in the year #ahie the ,general ,assembly of ,georgia enacted additional legislation on the subject of lynching by passing an act which made penal the offense of hindering1 obstructing1 or interfering with sheriffs or their deputies or constables in the execution of any order or sentence of court after trial in criminal cases1 and requiring sheriffs and constables to present to the grand jury any and all persons so interfering4 ,penalties were provided for the offense and for failure to comply with the provisions of the act1 power being given the governor to suspend a derelict sheriff or constable and to declare his office vacant4#bhd ,in the constitution which ,south ,carolina adopted in #ahie1 it was provided that 8in case of any prisoner lawfully in the charge1 custody or control of any officer1 ,state1 ,county or municipal1 being seized and taken from said officer through his negligence1 permission or connivance1 by a mob or other unlawful assemblage of persons1 and at their hands suffering bodily violence or death10 the said officer should be deemed guilty of a misdemeanor1 and upon true bill found should be deposed from office pending trial1 and upon conviction should forfeit his office1 and1 unless pardoned by the governor1 should be ineligible to hold any office of trust or profit within the ,state4 ,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 officer1 who should be tried in such county in the same circuit1 other than the one in which the offense was committed1 as the attorney-general might elect4 ,the fees and mileage of all material witnesses both for the ,state and the defense were to be paid by the ,state treasurer4 ,it was also provided that 8in all cases of lynching when death ensues1 the county where such lynching takes place shall1 without regard to the conduct of the officers1 be liable in exemplary damages of not less than #b1jjj to the legal representatives of the person lynched10 and that 8any 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 jurisdiction40#bhe ,in #ahif ,ohio entered the list of ,states that have adopted anti-lynching laws4 ,this ,ohio act gave to lynching its first legal definition4 ,a lynching and a mob are defined as follows3 8,that any collection of individuals1 assembled for any unlawful purpose1 intending to do damage or injury to any one or pretending to exercise correctional power over other persons by violence1 and without authority of law1 shall for the purpose of this act be regarded as a #8mob1' and any act of violence exercised by them upon the body of any person1 shall constitute a #8lynching4'0 ,under this act any person who is taken from the hands of the officers of justice in any county by a mob1 and is assaulted by the same with whips1 clubs1 missiles1 or in any other manner1 may recover damages from the county to the amount of one thousand dollars2 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 dollars1 or1 if the injury is serious1 one thousand dollars1 or1 if it result in permanent disability to earn a livelihood by manual labor1 five thousand dollars2 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 dollars1 provision being made for the disposition of the recovery in such instances4 ,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 act1 he or his legal representatives having the same right of action thereunder as one purposely injured or killed by such mob4 ,an order to the commissioners of a county against which such recovery may be made1 to include the same with costs of action in the next succeeding tax levy of said county1 forms a part of the judgment in every such case4 ,the county1 however1 has a right of action to recover the amount of any judgment against it1 including costs1 against any of the parties composing such mob1 and any person present with hostile intent at such lynching is to be deemed a member of the mob and is liable to such action4 ,in case a mob shall carry a prisoner into another county1 or shall come from another county to commit violence on a prisoner brought from such county for safe keeping1 the county in which the lynching was committed may recover the amount of the judgment and costs against the county from which the mob came1 unless there was contributory negligence on the part of the officials of said county in failing to protect the prisoner or disperse said mob4 ,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 therein4#bhf ,by an act of ,april #be1 #ahih1 it is further provided in the law of ,ohio that whoever shall break into or attempt to break into a jail or any prison1 or to attack an officer1 with intent to seize a prisoner for the purpose of lynching1 shall be deemed guilty of a felony1 and shall be confined in the penitentiary for not more than ten years nor less than one year4#bhg ,in #ahig1 ,tennessee1 ,kentucky1 and ,texas enacted laws directed against lynching4 ,by the ,tennessee act it was made a felony punishable by from three to twenty-one years' imprisonment1 and by full judgment of infamy and disqualification1 for two or more persons to form or remain in any conspiracy or combination1 under any name1 or upon any pretext whatsoever1 to take human life1 or engage in any act reasonably calculated to cause the loss of life2 or to inflict corporal punishment or injury2 or to burn or otherwise destroy property or to feloniously take the same4 ,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 combination2 or for any person either directly or indirectly to aid1 abet1 or encourage any person to engage or remain in such conspiracies or combinations1 or to aid or abet in the accomplishment of any purpose or end of such conspiracies or combinations4 ,any person guilty of any of these offenses was declared to be incompetent to sit or serve on any grand or traverse jury1 and it was made the duty of the court to carefully exclude all such persons from the juries1 both grand and petit4 ,it was provided that indictments framed under the act were not to be held insufficient by reason of the general nature of the charges preferred1 or for embracing more than one of said offenses in the same indictment1 and the act was to 8take effect from and after its passage1 the public welfare demanding it40#bhh ,by the ,kentucky 8,act to prevent lynching1 c410 which was amended by the omission of three sections and thus re-enacted in #aijb1 it was provided that if any two or more persons should confederate or band themselves together for the purpose of intimidating1 alarming1 disturbing1 or injuring any persons1 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 them1 or with the view of preventing their lawful prosecution for any such offense or to do any felonious act1 they1 or either of them1 should be deemed guilty of felony1 and upon conviction should be confined in the penitentiary not less than one nor more than five years4 ,if any two or more persons should confederate or band together and go forth for the purpose of molesting1 injuring1 or destroying any property1 real or personal1 of another person1 persons or corporation1 whether the same be injured1 molested or damaged or not1 they should be guilty of a felony punishable by a like penalty2 and if any injury should result to the person or property of any person or persons1 by reason of any such unlawful acts1 any one participating in1 or aiding or abetting1 such unlawful acts should be guilty of a felony1 and upon conviction should be confined in the ,state penitentiary not less than one nor more than fifteen years1 unless death should result1 in which case the penalty for such offense should be that prescribed by law for murder4 ,it was made no mitigation of the offense for any one upon his trial1 that he may have acted through heat or passion1 or that he may have acted without malice1 and the judge trying the case should so instruct the jury in writing4 ,it was provided1 also1 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 prisoner1 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 dollars2 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 jail1 he was authorized1 in his discretion1 to arm said threatened inmates1 with a view to their own protection4 ,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 dollars1 and also to employ detectives1 in his discretion1 not exceeding two at any one time1 provided the cost thereof should not exceed three thousand dollars in any one year4 ,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 dollars1 or supplement the governor's reward1 for the arrest and conviction of any person violating the act4 ,it was also provided that any person who should send1 circulate1 exhibit or put up any threatening notice or letter1 should upon conviction thereof be fined not less than one hundred dollars nor more than five hundred dollars1 and be imprisoned in the county jail not less than three nor more than twelve months4 ,in any prosecution under the act it should be no exemption for a witness that his testimony might incriminate himself2 but no such testimony should be used against him in any prosecution except for perjury1 and he should be discharged from all liability for any violation of the act so necessarily disclosed in his testimony4#bhi ,by the ,texas law1 which was enacted at a special session of the legislature1 it was provided that whenever two or more persons should combine together for the purpose of mob violence1 and in pursuance of said combination should 8unlawfully and wilfully take the life of any reasonable creature in being by such violence10 such person should be deemed guilty of murder by mob violence1 and upon conviction thereof should be punished by death or confinement in the penitentiary for life1 or according to the degree of murder1 to be found by the jury4 ,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 court1 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 committed1 except the county of the offense4 ,it was also provided that if any sheriff1 deputy sheriff1 constable1 chief of police1 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 persons1 or should permit or suffer any such person to be taken from his custody and killed by one or more persons1 he should be deemed guilty of official misconduct1 and be removed from office1 proceedings for removal to be conducted by the attorney-general in accordance with the provisions of the act1 such cases taking precedence in all courts of all other cases4 ,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 office4 ,the final section of the act reads as follows3 8,the fact that there is no adequate law in this ,state for the suppression of mob violence1 creates an emergency and an imperative public necessity that the constitutional rule requiring all bills to be read on three several days be suspended1 and that this act take effect and be in force from and after its passage1 and it is so enacted40#bij ,in #ahii an act dealing with the subject of lynching and violence by mobs was passed by the legislature of ,indiana4 ,in this act a mob and a lynching are defined as follows3 8,any collection of individuals assembled for any unlawful purpose intending to injure any person by violence and without authority of law shall1 for the purpose of this act1 be regarded as a #8mob1' and any act of violence exercised by such mob upon the body of any person shall constitute the crime of #8lynching1' when such act or acts of violence result in death40 ,it is provided that any person who actively participates in or actively aids or abets such lynching1 upon conviction thereof1 shall suffer death or be imprisoned during life1 in the discretion of the jury1 and any person who1 being a member of any such mob and present at any such lynching1 shall not actively participate in the lynching1 shall be guilty of abetting such lynching1 and upon conviction thereof shall be imprisoned not less than two nor more than twenty-one years4 ,every person who shall1 after the commission of the crime of lynching1 harbor1 conceal or assist any member of such mob1 with the intent that he shall escape detention1 arrest1 capture1 or punishment1 shall be deemed an accessory after the fact1 and upon conviction thereof shall be imprisoned not more than twenty-one years nor less than two years4 ,provision is made for the manner in which prosecutions shall be instituted under the act1 and in case any persons shall come together in any county for the purpose of proceeding to another county1 with the view of lynching any person1 or in case any person or persons shall purchase or procure any rope1 weapon1 or other instrument in one county for the purpose of being used in lynching any person in another county1 such crime of lynching1 if committed1 shall constitute a continuous offense from the time of its original inception1 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 act4 ,power is given the sheriff to call bystanders and others to his assistance and arm them for the protection of a prisoner1 it being a misdemeanor for such persons to refuse assistance1 punishable by a fine in any sum not less than one hundred dollars nor more than one thousand dollars1 and imprisonment in the county jail for a period not exceeding six months4 ,if at any time a sheriff has reason to believe that a prisoner in his custody is in danger of being lynched1 and that he1 with his deputies and assistants1 is not able to protect the life of such prisoner1 it shall be his duty at once to notify the governor of such facts2 whereupon1 the governor shall be authorized to furnish such militia as shall be necessary to preserve order and defend such prisoner4#bia ,in #aija the ,indiana act received the following important amendment3 8,if any person shall be taken from the hands of a sheriff or his deputy having such person in custody1 and shall be lynched1 it shall be conclusive evidence of failure on the part of such sheriff to do his duty1 and his office shall thereby and thereat immediately be vacated1 and the coroner shall immediately succeed to and perform the duties of sheriff until the successor of such sheriff shall have been duly appointed1 pursuant to existing law providing for the filling vacancies in such office1 and such sheriff shall not thereafter be eligible to either election or reappointment to the office of sheriff3 ,provided1 however1 ,that such former sheriff may1 within ten days after such lynching occurs1 file with the governor his petition for reinstatement to the office of sheriff1 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 general4 ,if the governor1 upon hearing the evidence and argument1 if any1 presented1 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 prisoners1 then such governor may reinstate such sheriff in office44440#bib ,in #ahii the legislature of ,michigan enacted a law against lynching modelled on the ,ohio act of #ahif1 but in #aijc this law was repealed4#bic ,in the constitution which was adopted by ,alabama in #aija this provision was made in regard to the responsibility of sheriffs3 8,whenever any prisoner is taken from jail or from the custody of the sheriff or his deputy1 and put to death1 or suffers grievous bodily harm1 owing to the neglect1 connivance1 cowardice or other grave fault of the sheriff1 such sheriff may be impeached under ,section #agd of this ,constitution4 ,if the sheriff be impeached and thereupon convicted1 he shall not be eligible to hold any office in this ,state during the time for which he had been elected to serve as sheriff40#bid ,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 8brutally murdered at the hands of riotous and lawless mobs10 the legislature of that ,state adopted a joint resolution on ,february #c1 #aijc1 condemning 8such riotous and lawless acts0 and empowering the governor1 by and with the aid and advice of the attorney-general1 to investigate and place on foot such means as in his judgment were necessary to bring the guilty parties to justice4#bie ,prompted by the flagrant case of lynching which occurred at ,pittsburg1 ,kansas1 on ,december #be1 #aijb1bif the legislature of ,kansas early in #aijc authorized county commissioners to offer and pay a reward in any sum not exceeding five hundred dollars for the discovery1 arrest1 and conviction of the perpetrator or perpetrators of the 8murder or lynching of a human being committed in their county10#big and also enacted a statute against lynching modelled on the ,indiana act of #ahii and the amendment of #aija4bih ,from this review of the legislation that has been enacted against lynching it appears that an application of the following remedies has been sought3 first1 an increase of the power of sheriffs and of their responsibility for the proper discharge of the duties of their office2 second1 heavier penalties for sheriffs and other officers who fail to protect from mob violence any person lawfully in their custody2 third1 heavier penalties for citizens who break into jails1 or attack officers1 or hinder or obstruct legal procedure2 fourth1 adequate provision in the law for the discovery1 prosecution1 and punishment of lynchers2 fifth1 fixing responsibility upon a community by making the county in which a lynching occurs liable for damages1#bii and giving a right of recovery to the legal representatives of the person lynched4 ,direct and definite information as to the effectiveness of these measures in particular instances is somewhat meager1 but the few cases that have arisen in the courts afford a basis for argument4#cjj ,on ,january #f1 #ahig1 ,lawrence ,brown1 colored1 was lynched in ,orangeburg ,county1 ,south ,carolina1 for suspected arson4 ,isaac ,brown1 administrator of the estate of ,lawrence ,brown1 deceased1 entered suit against ,orangeburg ,county in the common pleas circuit court of that county for the recovery of damages under ,section #f1 ,article #f1 of the constitution1 and the act to prevent lynching which was passed in #ahif4cja ,judgment was rendered for the defendant1 the presiding judge directing the jury to find a verdict in his favor1 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 defendant1 as the person lynched was not a prisoner4 ,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 trial4 ,the supreme court1 construing the constitutional provision broadly and in connection with the act of the legislature1 ruled that the judge had been in error in his directions to the jury1 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 prisoner4 ,while the court declared a consideration of the question of the power of the legislature to pass such an act1 independently of the constitutional provision1 to be unnecessary in the case in hand1 an opinion in regard to the matter was expressed in the following words3 8,it has been held that statutes making a community liable for damages in cases of lynchings1 and giving a right of recovery to the legal representatives of the person lynched1 are valid1 on the ground that the main purpose is to impose a penalty on the community1 which is given to the legal representatives1 not because they have been damaged1 but because the legislature sees fit thus to dispose of the penalty4 ,such statutes are salutary1 as their effect is to render protection to human life1 and make communities law-abiding40#cjb ,at the ,january term of the supreme court of ,ohio in the year #aijj a decision was rendered on the constitutionality of the 8,act for the ,suppression of ,mob ,violence0 which was passed ,april #aj1 #ahif4cjc ,two cases were before the court4 ,benjamin ,f4 ,church1 as the administrator of ,charles ,w4 ,mitchell1 deceased1 filed a petition against the board of commissioners of ,champaign ,county to recover five thousand dollars for the lynching of said ,mitchell1 at ,urbana1 in said county4#cjd ,defendant demurred to the petition and the demurrer was sustained by the court of common pleas and the petition dismissed4 ,the circuit court reversed the judgment of the court of common pleas and the case then came before the supreme court4 ,in the other case1 ,j4 ,w4 ,caldwell brought action1 under the same statute1 against the board of commissioners of ,cuyahoga ,county1 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 county4 ,a demurrer to the petition1 on the ground that the petition did not state facts sufficient to constitute a cause for action and that said act was unconstitutional1 was sustained by the court of common pleas1 and the judgment of the court of common pleas was affirmed by the circuit court4 ,both cases came up to the supreme court on petitions in error to reverse the respective judgments of the circuit court4 ,in the opinion delivered on ,april #aj1 #aijj1 the supreme court fully discussed and upheld the principle involved in the act1 affirming the judgment of the circuit court in ,commissioners v4 ,church1 administrator of ,mitchell1 and reversing the judgment of the circuit court and the judgment of the court of common pleas in ,caldwell v4 ,commissioners4 ,church recovered from ,champaign ,county five thousand dollars with interest and costs for the lynching of ,mitchell1 and ,caldwell's action was sustained for the recovery of one thousand dollars for injuries received at the hands of a mob in ,cuyahoga ,county4#cje ,the court in its opinion stated specifically that the act was constitutional2 that the recovery authorized by said act was penal in its nature1 and it was within the legislative power to provide therefor2 that such legislation was not an exercise of judicial power1 nor was it a violation of the right of trial by jury#cjf2 that such recovery1 and the tax levy authorized and required by said act1 were within the general powers of the legislature4#cjg ,one case has arisen under the ,indiana act as amended in #aija4 ,on ,november #bj1 #aijb1 ,james ,dillard1 a negro who had committed the crime of rape1 was taken from the custody of ,john ,s4 ,dudley1 the sheriff of ,sullivan ,county1 ,indiana1 and 8lynched by hanging until dead40 ,dudley had been elected sheriff at the general election held in ,november1 #aijj1 and ,william ,p4 ,maxwell had been elected coroner of ,sullivan ,county4 ,at the general election held in ,november1 #aijb1 each had been elected as his own successor4 ,on the day following the lynching of ,dillard1 ,governor ,durbin notified ,maxwell that the office of sheriff of ,sullivan ,county was vacant1 and that he1 as coroner1 under the law succeeded to the duties of the office4 ,maxwell thereupon demanded of ,dudley the possession of the office4 ,this ,dudley refused to give1 and within ten days after the lynching occurred1 as provided for in the statute1 filed with the governor a petition for reinstatement in the office4 ,after hearing the petition and the evidence in support of it1 ,governor ,durbin denied the petition and refused to reinstate him4 ,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 ,dudley4 ,the board of commissioners took no action1 however1 and ,maxwell brought suit under a quo warranto statute1 to oust ,dudley from the office4 ,in the circuit court of ,sullivan ,county a judgment for the defendant was rendered1 and on an appeal to the supreme court of ,indiana the judgment of the circuit court was affirmed4 ,the issues in the case were purely questions of law1 it being held that ,maxwell did not have ground for action under the quo warranto statute1 and the supreme court expressed no opinion on the constitutionality of the amendatory act of #aija4cjh ,thus1 the outcome of this case was1 in effect1 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 lynched4 ,the fact that ,dudley continued to exercise the duties of his office after the lynching occurred1 and successfully refused to vacate the office in response to the demands of the coroner1 indicates that public sentiment in the community did not support the execution of the provisions of the law4 ,newspaper reports of the case intimate1 however1 that politics entered into the question to some extent4 ,perhaps the present situation with reference to remedial legislation on the subject of lynching can be summed up in these few words3 ,comparatively few ,states have enacted laws defining and punishing lynching1 or have enacted any statutes the specific purpose of which is to prevent lynching4 ,where such statutes exist very few attempts have been made to enforce them1 and the validity of some is still in doubt4 ,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 lynching4 ,the constitutionality of statutes fixing upon sheriffs the penalty of removal from office for failure to protect prisoners is open to considerable doubt1 however1 and no such measure has yet been enforced4 ,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 circumstances1 but neglect1 connivance1 or other grave fault must be proved against the sheriff4 ,as to the effect that this remedial legislation has had on the practice of lynching1 opinions may differ1 but it is difficult to point out in what way these laws have brought about a decrease in the number of lynchings4#cji ,it is true that not nearly so many lynchings occurred in the years #aija1 #aijb1 #aijc1 as occurred in the years #ahia1 #ahib1 #ahic1 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 enacted4 ,it is likewise true that the number of lynchings per year1 in ,states other than those possessing anti-lynching statutes has declined in recent years4 ,the truth would seem to be1 therefore1 if it be assumed that the number of crimes or offenses which occasion lynchings has been fairly uniform from year to year1 that the same causes which led to the enactment of the laws also brought about the decline in the number of lynchings1 namely1 public discussion and condemnation of the practice of lynching1 a stronger public sentiment against it1 a deeper realization of the seriousness of the lynching problem in the ,united ,states4 ,that the measures adopted in ,south ,carolina for the prevention of lynching1 even though upheld and strongly indorsed by the supreme court1 have not been altogether effective becomes apparent from a special message sent to the ,general ,assembly of ,south ,carolina1 on ,january #bj1 #aijd4 ,governor ,heyward wrote as follows3 8,in my annual message to your honorable body reference was made to lawlessness in our ,state1 the frequent occurrence of lynchings being dealt with particularly4 ,you1 the lawmakers1 had not been assembled here a week when another evidence of this lawless spirit is given in the lynching at ,reevesville4 ,the ,governor is popularly credited with the power to prevent or punish these outrages against the ,state4 ,in reality he is practically powerless4 ,when the crime has been committed his hands are practically tied4 ,the meager rewards he has been empowered to offer out of his contingent fund have proved ineffectual1 and this is as far as he is permitted to go4 ,in the meantime the spirit of lawlessness is unchecked4 8,any band of men may feel secure in taking the life of a fellow-being on almost any pretext4 ,this deplorable condition ought to be remedied4 ,to compel the proper respect for the majesty of the law ,i recommend the enactment of special legislation in reference to lynching1 that the great responsibility of officials directly charged with enforcing the law be brought home to them1 and that more effectual measures be taken for the apprehension of persons who take the law in their own hands4 ,in lieu of some such legislation1 ,i suggest that the ,governor be provided with an adequate fund for the purpose of suppressing lynching40#caj ,on ,march #g1 #aijd1 ,richard ,dixon1 a negro1 was taken from the jail and lynched at ,springfield1 ,ohio4 ,this occurred in ,clark ,county which adjoins ,champaign ,county on the south4 ,in at least two other instances lynchings would have taken place in ,ohio1 since the decision of the supreme court which established the validity of the law holding counties liable in damages1 had it not been for the vigilance and prompt action of the sheriffs4 ,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 lynching4 ,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 lynchings1 but these efforts have not been confined to the ,states which have special laws against lynching4 ,lynchers may be punished through statutory provisions defining homicide1 manslaughter1 murder1 conspiracy1 riot1 malicious mischief1 assault1 and the like4 ,in ,november1 #aijc1 eleven persons were indicted in ,st4 ,clair ,county1 ,illinois1 for participating in the lynching of a negro school teacher the preceding ,june4#caa ,more than twenty persons were indicted in ,vermilion ,county1 ,illinois1 for participation in the lynching of a negro at ,danville on ,july #be1 #aijc1 and verdicts of guilty of engaging in an attack on the county jail were found against eleven men and one woman1 the penalty being an indeterminate sentence in the penitentiary4#cab ,in ,january1 #aijc1 twenty-eight white citizens of ,attala ,county1 ,mississippi1 were indicted for the lynching of two negroes4#cac ,in ,alabama1 in #aijb1 some men were given a term in the penitentiary for lynching a negro1 they being 8the first like offenders10 according to ,governor ,jelks1 8to serve the state since the great war4 ,no man had heretofore gone to the penitentiary for lynching a negro40#cad ,on ,june #d1 #aijc1 ,samuel ,mitchell1 white1 who led the mob that lynched ,thomas ,gilyard1 a negro1 at ,joplin1 ,missouri1 on ,april #ae1 preceding1 was sentenced to ten years' imprisonment in the penitentiary1 and two other men were still to be tried for their part in the burning of negro houses following the lynching4#cae ,in ,california nineteen indictments were returned against persons who engaged in the lynching of four men and a boy on ,may #ca1 #aija1 at ,lookout1 in ,modoc ,county1 and it was said that the ,state's attorney worked up the case against great opposition4#caf ,there were several persons under indictment in ,wyoming in ,february1 #aijd1 for connection with a lynching which occurred in ,big ,horn ,county on ,july #ai1 #aijc4cag ,no convictions of persons participating in lynchings in either ,tennessee1 ,kentucky1 or ,texas have been brought about under the anti-lynching laws which were enacted by those ,states in #ahig4cah ,the case of the ,state vs4 ,hughes1 charged with participating in a lynching1 came up in ,de,kalb ,county1 ,tennessee1 in ,july1 #aijb1 but it was found impossible to get a jury to try the case4 ,the court exhausted a venire of three hundred and fifty1 and 8found every man in the lot disqualified--probably having themselves aided in the affair40#cai ,on ,november #ac1 #aijb1 ,john ,davis1 colored1 was lynched in ,marshall ,county1 ,tennessee4 ,two men1 ,w4 ,p4 ,hopwood and ,w4 ,h4 ,l4 ,johnson1 were later arrested on the charge of participating in the lynching4 ,on ,january #g1 #aijc1 thirty masked men appeared at the jail where the prisoners were confined1 obtained the keys to the jail1 and released the prisoners4#cbj ,the measures adopted by ,georgia and ,north ,carolina for the suppression of lynchings have likewise remained inoperative4 ,numerous lynchings have taken place in both of these ,states since #ahic1 but no lyncher has yet suffered any of the penalties prescribed by law4 ,a resident of ,north ,carolina recently made this statement with reference to the punishment of lynchers in his ,state3 8,judges have charged juries against the crime1 and ,governor ,aycock--risking his political fortunes for his convictions--recently offered a reward of #djj each for the conviction of a party of seventy-five who lynched a negro near ,salisbury4 ,but never yet has the law punished a ,north ,carolina lyncher40#cba ,in general it may be said that the laws proposed far outnumber the laws enacted against lynching1 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 lynching4 ,it can scarcely be said that the remedy for lynching lies at present in the direction of additional ,state legislation specifically directed against it4 ,by many it is thought that a federal law on the subject would be most effective in the suppression of lynchings1 and several bills have been introduced in ,congress with this end in view4#cbb ,on ,january #ac1 #aijb1 ,mr4 ,crumpacker of ,indiana introduced a bill in the ,house of ,representatives for the punishment of persons taking part in the lynching of aliens4 ,the bill was designed to cover cases similar to the lynching of the ,italians at ,new ,orleans1 and jurisdiction over such offenses was given to the federal courts1 persons who had taken part in lynchings being disqualified from serving as jurors4#cbc ,others would have ,congress enact a law making all who lynch1 whether the victims be citizens or aliens1 and all who instigate1 aid1 abet1 or shield lynchers1 guilty of a crime against the ,united ,states4 ,in support of such a law it is urged that a lyncher could be as easily discovered and punished as a moonshiner1 or a counterfeiter1 or a mail robber2 that if the object of our constitution is to insure domestic tranquility1 promote the general welfare and secure the blessings of liberty to ourselves and our posterity1 it ought to include the power to punish those who defy the government established by the constitution and take life without due process of law2 and that if it was worth while to amend the constitution to prevent the denial of the electoral franchise1 it is also worth while to amend the constitution to prevent and punish the denial of justice4#cbd ,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 complications1 although the federal government can take no action in the premises4 ,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 #ahia4cbe ,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 violence4 ,the following table gives the sums of money that have been paid to foreign countries since #ahhj in the settlement of such claims4 ,,indemnities ,,paid ,,for ,,injuries ,,to ,,aliens4#cbf ,,year ,,when ,,country ,,to ,,locality ,,where ,,injuries ,,amount ,,of ,,indemnity ,,paid ,,which ,,paid ,,were ,,inflicted #ahhg ,china ,wyoming #adg1gdh4gd #ahhh ,china ,pacific ,coast #bgf1fai4ge #ahib ,italy ,louisiana #bd1ccj4ij #ahif ,italy ,colorado #aj1jjj4jj #ahif ,great ,britain ,louisiana #a1jjj4jj #ahif ,great ,britain ,nebraska #a1hjj4jj #ahig ,italy ,louisiana #f1jjj4jj #ahih ,mexico ,california #b1jjj4jj #aija ,mexico ,texas #b1jjj4jj #aija ,italy ,louisiana #d1jjj4jj #aijc ,italy ,mississippi #e1jjj4jj ------------------------------- ,total #dhj1dii4cicbg ,with the exception of the payment to ,china in #ahhg1 8in consideration of the losses unhappily sustained by certain ,chinese subjects by mob violence at ,rock ,springs1 in the ,territory of ,wyoming1 ,september #b1 #ahhe10 these indemnities have been paid 8out of humane consideration1 without reference to the question of liability therefor40 ,while they have thus not been paid in discharge of an express obligation recognized by the ,united ,states1 there has been a moral obligation recognized and the federal government has felt it to be incumbent upon itself to redress grievances of this nature4#cbh ,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 responsible4 ,that this defect in the federal constitution should be remedied seems1 from this standpoint1 wholly desirable4 ,it is very doubtful1 however1 whether such an object could be accomplished at the present time1 and still more doubtful whether a federal law could be enacted and enforced against lynching at the present time1 without reviving the sectionalism and many of the evils of the ,reconstruction ,period4 ,when ,senator ,gallinger of ,new ,hampshire offered a resolution in the #egth ,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 evil1 his reference to a recent lynching in a ,southern ,state was instantly resented by the senators from that ,state1 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 step4 ,the matter was dropped by ,senator ,gallinger's making the request that the resolution lie on the table subject to his call4#cbi ,of the numerous proposals that have been made for reform in the system of legal procedure in the ,united ,states1 as a remedy for lynching1 none is more noteworthy or fundamental than that put forward by ,justice ,brewer of the ,united ,states ,supreme ,court4 ,he argues that men are afraid of the law's delays and the uncertainty of its results2 that if all were sure that the guilty ones would be promptly tried and punished1 the inducement to lynch would be largely taken away4 ,he suggests1 therefore1 the taking away of the right of appeal in criminal cases as one means of checking lynching4#ccj ,while the law's delays in criminal cases are probably not so great as they are popularly believed to be1 the popular impression being due to over-emphasis of flagrant cases1#cca 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 community1 a crime for which many persons in the community really feel that no punishment can be quite adequate4 ,a case in point is that of the lynching of ,george ,white1 colored1 at ,wilmington1 ,delaware1 on ,june #bb1 #aijc4 ,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 feeling1 was publicly urged as a reason for the people taking the law into their own hands and 8upholding the majesty of the law40 ,the outcome was that ,white was burned at the stake and those who participated in the lynching were allowed to go free1 the coroner's jury returning a verdict that the deceased came to his death at the hands of persons unknown4 ,it is in this way that the popular idea that the law's delays are so great as frequently to defeat the ends of justice1 whether it have much or little basis in fact1#ccb contributes to the continuance of the practice of lynching4 ,if to abolish the right of appeal in criminal cases1 or to limit it to a considerable extent1 will further the ends of justice1 as there seems to be good reason for believing that it will1 such a step will have a tendency to check lynching by making void one of the excuses most frequently urged in extenuation of the practice4 ,lynching is a phenomenon in ,american society too deeply rooted to be destroyed by merely taking away the right of appeal in criminal cases1 but that a measure will render less plausible a prominent excuse for its existence and continuance makes such a measure worthy of serious consideration4 ,the governors of several ,states have recently asked that they be given more power1 and that more resources be placed at their command1 in order that they may take the initiative both in preventing lynchings and in punishing lynchers4 ,something may be accomplished by granting their requests4 ,during the fourteen years immediately preceding ,governor ,o',ferrall's inauguration there were sixty-two lynchings within the bounds of the ,state of ,virginia1 but during the four years of his administration there were but three1 and in neither case was the chief executive in a position either to prevent the crime or punish the offenders4#ccc ,the most hopeful sign at the present time is the stand which the governors and minor officers in a number of ,states1 in the ,south as well as in the ,north1 have taken against lynching4#ccd ,governor ,vardaman1 of ,mississippi1 in his recent rather sensational rescue of a negro murderer from a mob1#cce has at least demonstrated the possibility of preventing lynchings and enforcing the law4 ,governor ,jelks1 of ,alabama1 and ,governor ,durbin1 of ,indiana1 have not only been outspoken in their denunciation of lynchings but have taken active measures to prevent them4 ,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 lives4#ccf ,so long1 however1 as coroner's juries empanelled to inquire into the death of victims of lynching continue to render the verdict that 8the deceased came to his death at the hands of persons unknown to the jury10 and so long as it is true that the coroner's verdict commonly marks the end of all legal procedure with reference to the occurrence1 it is not to be expected that sheriffs and jailers will hazard their lives in the protection of prisoners4#ccg ,prisoners are taken from officers of the law and lynched1 not because the officers are cowards1 but because they are in sympathy with the sentiment in the community which demands immediate punishment4 ,the public sentiment revealed in the following citations is not found in isolated instances1 but is typical1 although equal frankness of statement cannot always be secured4 ,a verdict rendered by a coroner's jury in ,wayne ,county1 ,north ,carolina1 in ,august1 #aijb1 over the body of a negro rapist1 read as follows3 8,we the undersigned1 empanelled as a jury to inquire into the cause of the death of ,tom ,jones1 find that he came to his death by gun shot wounds1 inflicted by parties unknown to jury1 obviously by an outraged public acting in defense of their homes1 wives1 daughters and children4 ,in view of the enormity of the crime committed by said ,tom ,jones1 alias ,frank ,hill1 we think they would have been recreant to their duty as good citizens had they acted otherwise40#cch ,in ,december1 #ahii1 ,richard ,coleman1 a negro ravisher and murderer1 was burned at the stake at ,maysville1 ,kentucky4 ,in response to a letter from the governor of the ,state1 asking for particulars1 a ,maysville lawyer wrote as follows3 8,the whole thing took place in broad daylight and in the presence of thousands4 ,the parties to it are known1 ,mr4 ,lashbrook 7husband of ,coleman's victim7 himself being the leader1 but it will be fruitless to attempt any prosecution of them4 ,the people of this community are as good as the people of any other community in the ,state1 or1 for that matter1 elsewhere1 and they are shocked1 and1 ,i may say1 well-nigh paralyzed by this gruesome happening in their midst1 but ,i am satisfied they will not take kindly to any attempt to hold the parties to the transaction to any responsibilities therefor40#cci ,the only ultimate remedy for lynching is a strong public sentiment against it4 ,it is necessary1 in the ,united ,states particularly1 to depend very largely upon public sentiment for the enforcement of law1 and until there is a sentiment1 in every community where a lynching occurs1 which will demand the punishment of those who take part in such lynching1 it can scarcely be expected that sheriffs will risk their lives to protect prisoners1 or that prosecuting attorneys1 judges1 and juries will co-operate to secure the conviction of lynchers and to make them feel the full penalty of the law4 ,a member of the ,maryland ,bar writing in #aijj said that less than a dozen lynchers had ever been tried for their crime1 and only one or two had been punished4 ,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 years4#cdj ,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 formerly1 but it must be remembered that the creation of a public sentiment on any subject is a slow process1 particularly with reference to lynching4 ,lynching as a crime against society is not yet distinguished from lynching as the justifiable infliction of a deserved punishment by private citizens4 ,furthermore1 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 ,states4 ,time will be required for the effectual application of a remedy for lynching4 ,any anti-lynching measures that may be adopted must be considered as palliatives rather than as remedies4 ,no single statute can be enacted which will put an end to the practice of lynching2 nor is it likely that any single measure can be adopted which will effectually suppress lynching4 ,every measure which will tend to invalidate the excuses offered for the adoption of lynch-law procedure1 every measure which will tend to prevent the commission of crimes provoking resort to lynch-law procedure1 every measure which will tend to strengthen and maintain a popular reliance on legal procedure1 every measure which will in any way tend to create a strong1 uncompromising public sentiment against lynching1 all of these must be adopted if the practice of lynching is to be made a thing of the past in the ,united ,states4 ,,chapter ,,ix ,,some ,,conclusions ,the question naturally arises1 what is the peculiarity about ,american society which fosters and tolerates lynching8 ,why is lynching a peculiarly ,american institution8 ,it has been suggested that the explanation lies along racial lines4 ,some have said that the ,scotch-,irish are responsible for the introduction into this country of the practice of illegally punishing public offenders4 ,others say that it is race prejudice1 a result of the coming together of many races in one country1 and particularly that it is the racial antagonism between the white race and the negro race1 which explains the matter4 ,looking at the history of the practice in the ,united ,states from colonial times down to the present day1 one can scarcely regard such an explanation as either adequate or conclusive4 ,the real explanation lies along a somewhat different line1 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 ,europe4 ,the ,american people are not any more disposed toward lawlessness--they are not less law-abiding--than ,european peoples2 it is rather that they maintain a wholly different attitude toward the law4 ,social and political conditions are different1 and the law1 instead of being something in itself to reverence and respect1 is little more than a device for securing freedom4 ,the value of laws as rules of conduct is not minimized but there is no sense of sanctity pertaining to them4 ,to outwit1 avoid1 defy1 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 action4 ,in ,europe1 where the statutes have grown up from tradition and ancient custom1 the law is regarded as a more sacred institution2 in a very real sense it is the product of a superior authority4 ,law in its institutional sense is as much a predetermined factor in daily affairs as is one of the laws of nature4 ,social and political conditions are fixed4 ,politics do not enter into the enforcement of law4 ,civilization is distributed in a more nearly equal measure and the law is enforced with equal vigor over the whole country4#cda ,the judicial and administrative officers are persons socially and politically distinct from the masses1 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 way4 ,in the ,united ,states1 on the contrary1 the body of the law lacks the support of long tradition and ancient practice4 ,the early immigrants brought with them the ,european conception of law1 but in the midst of new conditions1 with no strong government to enforce it with an impartial and an iron hand1 along with the growth of the democratic spirit1 a new esprit des lois1 as ,montesquieu would call it1 has been developed4 ,where the people1 either directly or through their representatives1 make the laws and then elect the officers who are to enforce them1 it is inevitable that the legal machinery will prove powerless to control popular excitements4 ,politics also enter very largely into the whole question4 ,in remote districts1 too1 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 offices4 ,it is for this reason that the execution of the law varies so greatly in different parts of the ,united ,states1 being either vigorous or lax1 in accordance with the moral sentiment of the community4 ,in a monarchy or a highly centralized form of government1 the law is made for the people and enforced against them by officials who are in no sense responsible to them4 ,in a democracy with a republican form of government1 like the ,united ,states1 such is not the case4 ,the people consider themselves a law unto themselves4 ,they make the laws2 therefore they can unmake them4 ,since they say what a judge can do1 they entertain the idea that they may do this thing themselves4 ,to execute a criminal deserving of death is to act merely in their sovereign capacity1 temporarily dispensing with their agents1 the legal administrators of the law4 ,while not always expressed in language so unmistakable in meaning1 yet this is the spirit exhibited1 the vague and perhaps unconscious attitude toward the law1 which seems particularly to pervade the ,united ,states4 ,the tendency toward public disorder has existed in this country from its earliest settlement1 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 unorganized4 ,there has thus been a constant opportunity for a plea of necessity in certain cases for resorting to the popular execution of justice4 ,in recent years the customary explanations of lynchings attribute them to mob rule1 emotional insanity of the crowd1 race prejudice1 contempt for the 8niggers10 intense community feeling1 vivid hatred of crime1 lex talionis and the like4 ,it is often asserted that lynchings occur because the courts are slow1 uncertain1 and unduly sympathetic with the rights of the accused1 because corrupt jurymen1 shrewd lawyers1 the technicalities of the law or the undue sympathies of the pardoning powers frequently prolong and save a guilty person's life4 ,while it is true on psychological grounds that punishment to be effective must be prompt and certain1 and while such explanations have validity in particular cases1 the fundamental explanation lies deeper4 ,it is to be found in the peculiar and distinctively ,american attitude toward those institutions connoted by the term 8the law40#cdb ,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 countries1 and the consequent immunity from punishment which is generally accorded to lynchers renders an ,american mob exceedingly open to the suggestion of lynching4 ,it is on such grounds that the existence of lynching as a peculiarly ,american institution is to be explained4 ,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 lynchings4 ,the writer of a book published in ,london in #ahcg was not far wrong when he wrote3 8,the ,lynch law1 is not1 properly speaking1 an opposition to the established laws of the country1 or1 is at least1 not contemplated as such by its adherents2 but rather as a supplement to them1--a species of common law1 which is as old as the country40#cdc ,to the same effect is this 8,scotch ,view of ,lynch law0 which was occasioned by the lynching of the ,italians at ,new ,orleans in #ahia4 ,after reviewing the facts and circumstances connected with that lynching1 the following comments were made3 8,this is crude and it is primitive4 ,it is to be deplored and condemned4 ,but it is not without a foundation of reason and justice4 ,the people have committed the administration of justice to a certain machinery2 so long as that machinery works without flagrant injustice1 it will be left to do the work2 but when it utterly breaks down1 or goes in the teeth of what is right according to the rough-and-ready ideas of the ,americans1 the people will resume the function of dealing out punishment direct4 ,the ultimate sanction is brought in4 ,that is the ,american method4 ,the ,briton1 when he thinks the ordinary tribunals have failed1 writes to the ,times1 or gets up a monster petition to the ,home ,secretary1 or asks a question of the ,houses of ,parliament40#cdd ,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 negroes4 ,it cannot be said that the lynching of negroes is due to 8race prejudice0 alone1 but it is true that the antagonistic feeling between the two races aggravates the tendency to lynch1 when offenses are committed against white persons by negroes4 ,other racial contrasts in the population have likewise promoted the adoption of extra-legal methods of punishment4 ,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 ,indians4 ,in the summary treatment of ,italians1 ,mexicans1 ,chinese1 and other aliens1 differences in racial characteristics have also played an important part4 ,in very many cases of lynching a racial antipathy has acted as the most prominent contributory cause1 and it is this fact that has induced many writers to find in 8race prejudice0 the ultimate explanation of lynching as an ,american institution4 ,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 country4 ,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 stock4 ,the 8native question0 of tropical regions has here been transplanted1 as it were1 to the temperate zone4#cde ,furthermore1 the difficulties arising from ethnic contact within the tropics have been intensified rather than lessened by this change of environment4 ,there are the same fundamental differences in racial characteristics and in racial heredity1 but these become accentuated and seem even more adverse in a climate where the struggle for existence is of necessity much more vigorous and exacting4 ,in addition1 there has developed between the white race and the colored race in the ,united ,states an intolerant1 inconsiderate spirit directly promoted by an unwise and short-sighted political policy4 ,a great many years will doubtless be required for the effacement of the unfortunate results of past errors1 involving as it does a very general understanding and recognition of the ethnic and 8societal0 factors which enter vitally into the 8race question40 ,only in so far as this comes about1 however1 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 slavery4 ,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 fact4 ,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 crime1 either alleged1 attempted1 or actually committed4 ,lynching for that crime1 however1 leads to lynching for other crimes and also furnishes a ground for an appeal to public sentiment to condone the practice of lynching4 ,since the negroes were made free ,american citizens a large class of the younger generation has become utterly shiftless and worthless1 many of them being vicious and dangerous individuals in a community4 ,professor ,du,bois1 than whom there is probably no man better qualified to make a careful and conservative estimate1 says that at least nine per cent of the county black population in the ,black ,belt are thoroughly lewd and vicious4#cdf ,lynching has been resorted to by the whites not merely to wreak vengeance1 but to terrorize and restrain this lawless element in the negro population4 ,among the ,southern people the conviction is general that terror is the only restraining influence that can be brought to bear upon vicious negroes4 ,the negroes fear nothing so much as force1 and should they once get the notion that there is a reasonable hope of escape from punishment1 the whites in many parts of the ,south would be at their mercy4#cdg ,there is no evidence1 however1 to show that the punishment of negroes by mob violence tends to decrease lawlessness among the negroes1 or even tends to restrain the vicious element from committing offenses against the whites4 ,on the contrary1 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 crimes1 or at least suggests to others like crimes when opportunity offers4 ,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 formerly4#cdh ,the power of suggestion as an incentive to crime is also evident in this barbarous conduct of lynching mobs4 ,the publicity given in the newspapers1 particularly the sensational ones1 to the details of such tragic scenes has undoubtedly been largely responsible for the frequency of their recurrence4#cdi ,the relations between the younger generations of the two races are1 besides1 much less cordial and amicable than were those which existed between the generations immediately preceding2 there is less of a mutual understanding4 ,the relation of master and slave has been destroyed and no new relation has yet been firmly established in its place4 ,in the process of adjustment to a new order of things there has been constant friction between the two races1 and when an offense has been committed upon a white person by a negro1 particularly if an assault has been made upon the person of a white woman or child1 the exasperation of the whites has known scarcely any bounds4 ,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 lynchings1 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 lynch4 ,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 future4 ,the seriousness of the situation with reference to the practice of lynching in the ,united ,states is not yet fully realized4 ,there is no little ground for apprehension in the fact that it is becoming common for cries of 8,lynch him10 8,hang him10 8,get a rope and string him up10 c41 to be heard1 even on the streets of ,new ,york ,city1 whenever a crowd gathers in response to a feeling of popular excitement and indignation over the perpetration of some atrocious crime4 ,in the course of this investigation into the history of lynching it has become evident that there is usually more or less public approval1 or supposed favorable public sentiment1 behind a lynching4 ,indeed1 it is not too much to say that popular justification is the sine qua non of lynching4 ,it is this fact that distinguishes lynching1 on the one hand1 from assassination and murder1 and1 on the other hand1 from insurrection and open warfare4 ,a lynching may be defined as an illegal and summary execution at the hands of a mob1 or a number of persons1 who have in some degree the public opinion of the community behind them4 ,when the term first came into use it meant the infliction of corporal punishment1 particularly whipping4 ,the term is now used exclusively to signify the infliction of the death penalty in a summary fashion1 usually by hanging4 ,but whatever the penalty imposed or the manner of its imposition1 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 deserved4 ,it further appears from this investigation that no one cause or crime can be assigned for lynching4 ,lynchings take place for various causes4 ,at one time there may be a lack of ordinary tribunals of justice1 at another time there may be doubt as to the efficiency of the legal machinery4 ,lynchings may take place because the offense is outside the law but is deemed serious enough to merit severe punishment4 ,they may occur because of the barbarity and fiendish nature of the crime committed4 ,they may occur for one reason or for another2 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 minimum4 ,of the legal remedies for lynching which have been proposed1 few have been enacted into laws1 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 practice4 ,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 law4 ,every measure which will in any way promote such a reliance1 either by invalidating the excuses offered in justification of the practice or by developing a strong public sentiment against it1 deserves serious consideration1 and every such measure1 unless likely to be productive of other evils possibly greater1 should be immediately adopted and put into operation4 ,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 be4 ,this1 however1 does not justify citizens of the ,northern section in violently attacking citizens of the ,southern section every time that a lynching occurs in that section1 or vice versa4 ,each section and indeed each community must hold itself responsible for the prevention of lynchings4 ,neither ,european philanthropists nor the ,northern press or pulpit can do very much toward preventing such occurrences in the ,south4 ,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 solve4 ,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 lynchings4 ,the work done by such schools as the ,hampton ,institute and the ,tuskegee ,normal and ,industrial ,institute1 and the principles advocated by such men as ,booker ,t4 ,washington1 also lead in the same direction4 ,it has been well suggested that the ,northern papers and the ,southern papers should exchange texts--the ,northern press should preach against negro crime1 the ,southern press should preach against lawlessness and race prejudice4 ,that this has been done in a few instances gives hope for the future4 ,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 viciousness1 and likewise will it merit respect and confidence on the part of the white race4 ,more than anything else the colored race needs wise and able leaders at the present time4 ,the false notions and ideals of the ,reconstruction ,period have now been largely eradicated4 ,the race is in a position to make substantial and material progress1 if under able leadership1 and such progress will tend to eliminate the conditions which foster lynching in the ,south4 ,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 law4 ,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 course2 if they were responsible only to their superior officers and not more or less directly responsible to the people1 and if they were not in sympathy with the mob to a greater or less degree4 ,our system of government1 however1 is in form representative and popular1 and all our traditions are against a highly centralized form of government4 ,in the ,united ,states it is therefore necessary to depend very largely upon public sentiment for a strict enforcement of the law4 ,lynch-law will not cease to exist in this country until there is a strong and uncompromising public sentiment against it in every community1 a public sentiment which1 with a full recognition of the ethnic and 8societal0 factors involved in the 8race question10 and of the necessity for a legal system consistent with these factors instead of one based on abstract principles concerning the rights of all men1 will invariably condemn lynchings because they are a crime against society1 if for no other reason1 and will under no circumstances countenance them because they may be the administration of deserved and well-merited punishments4 ,,list ,,of ,,periodicals ,,cited ,american ,journal of ,social ,science4 ,american ,law ,review4 ,american ,whig ,review4 ,annals of the ,american ,academy of ,science4 ,annual ,reports of the ,american ,historical ,association4 ,atlantic ,monthly4 ,boston ,chronicle4 ,boston ,daily ,advertiser4 ,boston ,evening ,post4 ,boston ,evening ,transcript4 ,boston ,gazette4 ,boston ,news-,letter4 ,british and ,foreign ,review4 ,brooklyn ,standard ,union4 ,chambers' ,journal4 ,chattanooga ,times4 ,chicago ,tribune4 ,congressional ,record4 ,cyclopedic ,review of ,current ,history4 ,denver ,republican4 ,essex ,gazette4 ,fortnightly ,review4 ,forum4 ,green ,bag4 ,harper's ,magazine4 ,harvard ,law ,review4 ,houston ,post4 ,howitt's ,journal4 ,independent4 ,international ,monthly4 ,johns ,hopkins ,historical ,studies4 ,journal of ,proceedings of ,american ,social ,science ,association4 ,leisure ,hour4 ,leslie's ,weekly4 ,liberator4 ,literary ,digest4 ,london ,gazette4 ,london ,gazetteer4 ,massachusetts ,spy4 ,modern ,philology4 ,nation4 ,new ,england ,gazette4 ,new ,england ,magazine4 ,new ,york ,commercial ,advertiser4 ,new ,york ,evening ,post4 ,new ,york ,evening ,sun4 ,new ,york ,evening ,telegraph4 ,new ,york ,gazette4 ,new ,york ,times4 ,new ,york ,tribune4 ,new ,york ,world4 ,niles' ,register4 ,north ,american ,review4 ,notes and ,queries4 ,our ,day4 ,outlook4 ,publications of the ,american ,economic ,association4 ,publications of the ,southern ,historical ,association4 ,public ,opinion4 ,raleigh ,news-,observer4 ,review of ,reviews4 ,richmond ,planet4 ,salem ,gazette4 ,saturday ,review4 ,southern ,literary ,messenger4 ,spectator4 ,washington ,times4 ,yale ,review4 ,citations are made also to statutes1 historical records1 colonial archives1 encyclopedias1 dictionaries1 etc4 ,full references are given in the foot-notes4 ,for authors quoted see index4 ,,index ,abolitionism1 #ia1 #ajg1 #aba4 ,abolitionists1 #aje1 #ajf1 #aac1 #abj1 #abb4 ,act of indemnity1 #bi1 #gb1 #gc4 ,agreement to take extra-legal measures1 #di1 #gc1 #hc4 ,alabama1 burning alive1 #ajh1 #abf2 lynch-law adopted1 #aea1 #agi1 #ahc1 #ahh2 responsibility of sheriffs1 #bdd2 punishment of lynchers1 #bee1 #bfc4 ,alaska1 lynch-law adopted1 #ahj1 #ahd4 ,aliens1 lynching of1 #aga1 #aha4 ,anti-slavery agitation1 #aih4 ,arizona1 lynch-law adopted1 #ahj1 #ahd4 ,arkansas1 burning alive1 #aji1 #abf1 #aia2 lynch-law adopted1 #agi1 #ahc1 #ahh4 ,arnold1 ,s4 ,g41 #ff4 ,atkinson1 ,governor1 #bca4 ,austria-,hungary1 mob violence1 #d4 ,aycock1 ,governor1 #bef4 ,bancroft1 ,h4 ,h41 #acb1 #aih4 ,bassett1 ,john ,s41 #dh1 #baa4 ,beard1 ,j4 ,m41 #aci4 ,birkbeck1 ,morris1 #gg4 ,blanchard1 ,governor1 #bfb4 ,blane1 ,w4 ,n41 #ch1 #gh4 ,boag1 ,rev4 ,john1 #aj4 ,bohemian lynched1 #agb1 #aha4 ,boies1 ,henry ,m41 #afd4 ,brackett1 ,j4 ,r41 #bab4 ,brande1 #e1 #h4 ,brewer1 ,justice1 on right of appeal1 #bfj-bfb4 ,bristed1 ,c4 ,a41 #af4 ,brown1 ,w4 ,g41 #adj4 ,brown1 ,william ,wells1 #bjb4 ,brown v4 ,orangeburg ,co41 #bdf ff4 ,bryce1 ,james1 #adj4 ,burning alive1 #ajh1 #aji1 #abf1 #abg1 #aia1 #bgd1 #bge2 as legal punishment1 #bab ff4 ,cabell1 ,julia ,mayo1 #bc1 #cc1 #ge4 ,california1 vigilance committee movement1 #acb ff42 lynch-law adopted1 #aea1 #ahj1 #ahd2 punishment of lynchers1 #bee4 ,canada1 practice of lynching does not exist1 #c4 ,carpet-baggers1 #ach4 ,castration1 form of punishment1 #baa4 ,cattle thieves1 #afc 7see horse thieves74 ,causes of lynchings1 classification of1 #aff ff42 conclusion in regard to1 #bgf4 ,cazneau1 ,jane ,m41 #aig4 ,channing1 ,w4 ,e41 #aid4 ,china1 secret societies in1 #d4 ,chinese lynched1 #agb1 #aha4 ,civil ,war1 social disruption at close of1 #acg ff4 ,club law1 #ch4 ,colonies1 punishment of rape in1 #bjh ff4 ,colorado1 lynch-law adopted1 #aeb1 #afc1 #ahj1 #ahd2 burning alive1 #aia4 ,colored element in population1 influence on lynching1 #ahf ff4 ,commissioners v4 ,church1 #bdh ff4 ,connecticut1 tarring and feathering1 #fc2 perpetrators of outrage fined1 #aae2 lynching of ,charles ,lockwood1 #ahj1 #aha1 #ahe4 ,corporal punishment 7see whipping1 tar and feathers1 riding on rail74 ,county liable for damages1 #bdf ff4 ,cowper justice1 #h4 ,craig1 ,john1 #aj4 ,criminality among negroes1 #bgd4 ,crockett1 ,david1 #aif4 ,damages1 suits for1 #aad1 #aae1 #abe4 ,defensor1 #aje4 ,delaware1 burning alive1 #ahj1 #ahe1 #aia1 #bfa4 ,desjardins1 ,arthur1 #bd4 ,desperadism1 #aff4 ,desperadoes1 #abh ff41 #aej4 ,dewees1 ,f4 ,p41 #aej4 ,douglass1 ,frederick1 #bbc4 ,doyle1 ,a4 ,conan1 #adj4 ,drake family of ,south ,carolina1 tradition in1 #ag ff4 ,draper1 ,lyman ,c41 #bf1 #cd1 #gc4 ,drayton1 ,john1 #fa1 #fi4 ,drewry1 ,w4 ,s41 #ib ff41 #afe4 ,du,bois1 ,w4 ,e4 ,b41 #bgd4 ,durbin1 ,governor1 #bfc4 ,england1 practice of lynching does not exist1 #c1 #g1 #i4 ,emancipation proclamation1 #acg4 ,fallows1 ,samuel1 #aj4 ,farmer1 ,john ,s41 #aj4 ,faux1 ,w41 #ch1 #gf4 ,featherston1 ,h4 ,c41 #ae1 #bc1 #cj4 ,featherstonhaugh1 ,g4 ,w41 #cf4 ,federal anti-lynching law proposed1 #beg4 ,fiske1 ,john1 #bab4 ,flogging 7see whipping74 ,florida1 lynch-law adopted1 #aai1 #agi1 #ahc1 #ahh4 ,ford1 ,paul ,leicester1 #fj4 ,foreign element in population1 effect on lynching1 #ahf ff4 ,france1 practice of lynching does not exist1 #c4 ,franchise given to negroes1 effect of1 #bje ff4 ,frontier conditions1 lynch-law under1 #a1 #gh ff41 #abi ff41 #aej1 #aid ff4 ,gag law1 #cg4 ,galway story1 #ac ff4 ,gamblers1 lynch-law adopted against1 #ih1 #ii1 #ajh4 ,garner1 ,j4 ,w41 #ach4 ,garrison1 ,w4 ,l41 #ia1 #if4 ,georgia1 lynch-law adopted1 #ib1 #afh1 #agi1 #ahc1 #ahe2 burning alive1 #aia2 anti-lynching laws1 #bca ff41 #bcc2 punishment of lynchers1 #bef4 ,germany1 practice of lynching does not exist1 #c4 ,gregg1 ,alexander1 #bj1 #ea ff4 ,grose1 #g4 ,grund1 ,f4 ,j41 #aad1 #bga4 ,guinea ,coast1 secret societies of1 #d4 ,hakluyt1 #fa4 ,halifax law1 #h4 ,hall1 ,judge ,james1 #ci1 #ha4 ,hanna1 ,c4 ,a41 #db4 ,hardiman1 #ae4 ,hawkes1 ,arthur1 #bjb4 ,hening1 #cj1 #cb1 #gc1 #gf1 #baa4 ,henry1 ,william ,wirt1 #cb4 ,hershey1 ,o4 ,f41 #bgj4 ,heyward1 ,governor1 #beb4 ,hittell1 ,john ,s41 #acb4 ,hoffman1 ,f4 ,l41 #aec4 ,hogg1 ,governor1 #bcj4 ,holt1 ,george ,c41 #aee1 #bfe4 ,hone1 ,philip1 #aag4 ,horse thieves1 #c1 #abb1 #abh1 #acd1 #afc4 ,howe1 ,henry1 #be1 #bf1 #cc4 ,idaho1 lynch-law adopted1 #ahj1ahd4 ,illinois1 lynch-law adopted1 #dd1 #de1 #gh1 #ahj1 #ahe1 #ahh2 compact entered into by ,regulators1 #hc2 mob violence1 #aaj1 #aae2 burning alive1 #aia2 punishment of lynchers1 #bed4 ,illiteracy1 study of with reference to the distribution of lynchings1 #ahf ff4 ,immigration1 effect on practice of lynching1 #ahf ff4 ,indemnities paid by ,united ,states1 #bei4 ,indemnification of ,william ,preston and others1 #bi2 ,william ,campbell and others1 #gb2 ,thomas ,nelson1 ,jr41 #gc4 ,indiana1 lynch-law adopted1 #ch1 #gg1 #aeb1 #ahj1 #ahe1 #ahh2 anti-lynching laws1 #bda ff42 ,maxwell v4 ,dudley1 #bej4 ,indians lynched1 #agb4 ,cf4 #da ff41 #dd4 #de4 ,indian ,territory1 lynch-law adopted1 #ahj1 #ahd4 ,informers tarred and feathered1 #fb ff4 ,ingle1 ,edward1 #ge4 ,ingraham1 ,j4 ,h41 #aja1 #bbg4 ,iowa1 lynch-law adopted1 #hf ff41 #ahj1 #ahd4 ,italians lynched1 #agb1 #aha1 #bbh4 ,jacksonian period1 #ajf ff4 ,jameson1 ,r4 ,g41 #fa4 ,jamieson1 ,john1 #h4 ,japanese lynched1 #agb1 #aha4 ,jeddart justice1 #h4 ,jelks1 ,governor1 #bfc4 ,johnson1 ,joseph1 #bb1 #ef1 #fa4 ,johnson1 ,william1 #bf4 ,judge ,lynch1 code of his honor1 #hb1 #hc1 #ajb1 #acc4 ,kansas1 lynch-law adopted1 #acd1 #aeb1 #ahj1 #ahd1 #bde2 burning alive1 #aia2 anti-lynching law1 #bde4 ,keller1 ,albert ,g41 #bgb4 ,kemble1 ,fanny1 #bja4 ,kentucky1 lynch-law adopted1 #ch1 #gh1 #hh1 #aea1 #agi1 #ahc1 #ahh2 damages for slaves illegally executed1 #abe2 burning alive1 #aia1 #bfd2 anti-lynching law1 #bch ff42 punishment of lynchers1 #bee1 #bfd4 ,ku-,klux ,klan #f1 #aci ff4 ,lashing 7see whipping74 ,latrobe1 ,c4 ,j41 #hc4 ,lawless1 ,judge1 #aji1 #aic4 ,le,bon1 ,gustave1 #bge4 ,lee1 ,henry1 #bf4 ,legal executions compared with lynchings1 #afc4 ,legal remedies1 efficacy of1 #bde1 #bea ff1 #bgg4 ,le,roy1 ,james ,a41 #bjb4 ,lester1 ,j4 ,c41 #aci4 ,levell1 ,w4 ,h41 #bgd4 ,linch1 #af4 ,linch's ,law1 #ci1 #ha4 ,lincoln1 ,abraham1 on effects of mob law1 #aaj ff4 ,linn1 ,w4 ,a41 #ajc4 ,lossing1 ,benson ,j41 #bd4 ,louisiana1 lynch-law adopted1 #aag1 #aea1 #agi1 #ahc1 #ahh2 slaves sentenced to death by planters1 #abf2 burning alive1 #aia1 #bbh4 ,lovejoy1 ,rev4 ,e4 ,p41 #aaj1 #aae4 ,loyal ,league1 #adf4 ,lydford law1 #g4 ,lyell1 ,sir ,charles1 #aai4 ,lynch1 dictionary definitions of1 #i ff42 etymology of1 #af ff42 use of word1 #aaf4 ,lynch1 ,charles1 #aa1 #bc ff4 ,lynch1 ,john1 #bc1 #ce1 #ge4 ,lynch1 ,james ,fitzstephen1 #ac4 ,lynch1 ,william1 #gc1 #ge4 ,lynchers1 punishment of1 #aad ff41 #aeb1 #bed ff41 #bfe4 ,lynch's ,creek1 ,south ,carolina1 #ai ff4 ,lynch ,creek1 ,north ,carolina1 #ag4 ,lynching1 practice peculiar to ,united ,states1 #a ff41 #bfg ff42 social conditions affecting1 #b1 #e1 #bgg2 similar to regulating1 #df2 definition of1 #aa1 #ace1 #acf1 #ahf1 #bda1 #bgf2 manner of death by1 #aea1 #aeb1 #aia2 how justified in ,south1 #bbd-bbf1 #bgb1 #bgc4 ,lynchings1 reports of in newspapers1 #aei2 distribution of by ,states1 #ahb2 distribution of by counties1 #ahi4 ,lynch-law1 meaning of term1 #i ff41 #dj1 #acf2 frontier type1 #hb ff41 #he ff41 #hi1 #ij1 #abi ff41 #aej1 #aid ff42 type found in well settled communities1 #b1 #aab ff4 ,lynch's law1 earliest use of expression1 #cf2 original signification of term1 #ci1 #dj2 used for first time in ,liberator1 #ig2 used for first time in ,niles' ,register1 #ih4 ,malay lynched1 #aeb4 ,marryat1 ,f41 #aad1 #aid ff4 ,martin1 ,colonel ,william1 #cd4 ,martin1 ,f4 ,x41 #bj1 #dh4 ,martineau1 ,harriet1 #ajd1 #aad4 ,maryland1 lynch-law adopted1 #aeb1 #agi1 #ahc1 #ahh4 ,massachusetts1 lynch-law adopted1 #ajb1 #ajc2 tarring and feathering1 #fa ff41 #fd1 #fe1 #fg ff4 ,matthews1 ,albert1 #ai1 #ba1 #cb1 #cf1 #ei4 ,maxwell v4 ,dudley1 #bej4 ,mayo-,smith1 ,richmond1 #agj4 ,mc,connel1 ,j4 ,l41 #hd1 #he4 ,mc,cord1 ,d4 ,j41 #bac1 #bai1 #bba4 ,mc,crady1 ,edward1 #bj1 #fa1 #fi4 ,mexicans lynched1 #agb1 #aha4 ,michigan1 lynch-law adopted1 #aeb1 #ahj1 #ahe2 anti-lynching law1 #bdd4 ,mississippi1 lynch-law adopted1 #ii ff41 #aag1 #abj1 #afh1 #agi1 #ahc1 #ahh2 suits for damages1 #aae2 burning alive1 #aia2 punishment of lynchers1 #bed4 ,missouri1 lynch-law adopted1 #ih1 #aaf1 #aah1 #aai1 #abj1 #abb1 #aea1 #agi1 #ahc1 #ahh2 burning alive1 #ajh1 #aji1 #abf2 punishment of lynchers1 #bee4 ,mob law1 #cg4 ,mobocracy1 #aja4 ,mobs1 #bj1 #fi1 #ig1 #aja2 definition1 #bda4 ,mob violence1 #ff1 #fh1 #ia1 #ajc ff41 #aaj1 #aae1 #bei2 damages for1 #ff4 ,molly ,maguires1 #aej4 ,montana1 lynch-law adopted1 #aea1 #afc1 #ahj1 #ahd4 ,montgomery1 ,cora1 #aig4 ,moore1 ,frank1 #fj1 #fa1 #fi1 #gj1 #ga4 ,moore1 ,nina1 #fd4 ,mormons1 #ajc4 ,murray1 ,c4 ,a41 #cf1 #aih4 ,murrell conspiracy1 #ajj4 ,nebraska1 lynch-law adopted1 #aeb1 #ahj1 #ahd4 ,negroes1 lynching of1 previous to ,civil ,war1 #abd1 #abf ff42 in recent years1 #aea1 #aeb1 #agj ff41 #aha2 how justified1 #bbc ff4 ,nevada1 lynch-law adopted1 #aea1 #ahj1 #ahd4 ,new ,hampshire1 lynch-law adopted1 #dd4 ,new ,jersey1 tarring and feathering1 #gj1 #ahj1 #ahe4 ,new ,mexico1 lynch-law adopted1 #ahj1 #ahd4 ,new ,york1 tarring and feathering1 #fc1 #gj2 lynch-law adopted1 #ahj1 #ahe4 ,new ,zealand1 tarring and feathering1 #fa4 ,noble1 ,j41 #bab4 ,north ,carolina1 ,regulators1 #bj ff41 #dh2 lynch-law adopted1 #ia1 #abj1 #agi1 #ahc1 #ahh1 #bfd2 burning alive1 #aia2 anti-lynching law1 #bcb2 punishment of lynchers1 #bef1 #beg4 ,north ,dakota1 lynch-law adopted1 #ahj1 #ahd4 ,nuttall1 #aj4 ,o',ferall1 ,governor1 #bbi1 #bca1 #bfb4 ,ohio1 lynch-law adopted1 #aeb1 #ahj1 #ahe1 #ahh1 #bdh2 anti-lynching laws1 #bce ff42 ,commissioners v4 ,church1 #bdh ff4 ,olmsted1 ,f4 ,l41 #abh4 ,o',neall1 ,j4 ,b41 #bj1 #ba1 #ec1 #ee4 ,oregon1 lynch-law adopted1 #ahj1 #ahd4 ,page1 ,thomas ,nelson1 #adj1 #bjg1 #bbd4 ,page1 ,thomas ,walker1 #bc ff4 ,page1 ,walter ,h41 #bbc4 ,pell1 ,edward ,leigh1 #aei1 #bca4 ,pennsylvania1 ,rangers at ,paxtang1 #da2 tarring and feathering1 #fd2 lynch-law adopted1 #bb1 #ig1 #ih1 #ahj1 #ahe4 ,perfectionists1 #ajc4 ,phillips1 ,edward1 #g4 ,popular tribunals1 #acc4 ,public sentiment as remedy1 #bfe ff41 #bgi4 ,race prejudice1 #afh1 #aih ff41 #bgb4 ,ramsay1 ,david1 #ee4 ,rangers1 #da1 #de1 #hb4 ,rape1 #abf1 #abg1 #aff1 #afi1 #agj1 #agg1 #bjg ff41 #bac ff41 #bgc4 ,ratzel1 ,f41 #d1 #bja4 ,reconstruction period characterized1 #aec4 ,regulate1 earliest use in connection with extra-legal punishment1 #dh4 ,regulating1 #bj1 #ch1 #ci1 #df1 #dh1 #ea1 #ei1 #hj4 ,regulators1 #f1 #bj ff41 #cc1 #ch1 #db1 #dh ff41 #gi ff41 #hh1 #aba1 #acj1 #adc4 ,remedies tried1 #bde1 #bea ff4 ,revolutionary ,war1 social conditions during1 #fj4 ,rhode ,island1 tarring and feathering1 #fc2 mob violence1 #ff4 ,riding on rail1 #ib1 #ajc1 #aac1 #abj 7see whipping1 tar and feathers74 ,riots1 #ch1 #fi1 #ia1 #ig4 ,roads1 ,jr41 ,s41 #fi4 ,roberts1 ,william1 #c4 ,royce1 ,josiah1 #acb4 ,russia1 lynch-law procedure1 #c4 ,san ,francisco vigilance committees1 #acb4 ,schaper1 ,wm4 ,a41 #ba4 ,schenck1 ,david1 #cf4 ,schofilites1 #bb1 #ef4 ,scotland1 summary procedure1 #g1 #i4 ,scotch-,irish blamed for introduction of lynch-law1 #db1 #dc4 ,sewall1 ,samuel1 #bja4 ,shaler1 ,n4 ,s41 #bgj4 ,shepherd1 ,samuel1 #baa4 ,sidis1 ,boris1 #bge4 ,simms1 ,w4 ,g41 #bf4 ,slick1 use of word1 #ih1 #abj4 ,sloane1 ,w4 ,m41 #ga4 ,smith1 ,w4 ,h41 #de4 ,sons of ,liberty1 #ei1 #aed4 ,south ,carolina1 ,regulators1 #ai1 #ba1 #ea ff42 tarring and feathering1 #fi1 #ga2 lynch-law adopted1 #aea1 #afh1 #agi1 #ahc1 #ahh2 provision for trial of slaves1 #bah ff42 anti-lynching law1 #bcc ff42 ,brown v4 ,orangeburg ,co41 #bdf ff4 ,south ,dakota1 lynch-law adopted1 #ahj1 #ahd4 ,squire ,birch1 #cc1 #ha4 ,stamp ,act1 #ei4 ,stearns1 ,charles1 #aci4 ,stedman1 ,c41 #bf4 ,stone1 ,alfred ,holt1 #aia4 ,summers1 ,l4 ,p41 #cf4 ,sumner1 ,w4 ,g41 #fj1 #ajg4 ,swiss lynched1 #agb1 #aha4 ,tar and feathers1 #fj ff41 #ib1 #ig1 #ih1 #ajj1 #aja1 #ajc1 #abj4 ,tarleton1 ,banastre1 #bf4 ,tea merchants1 subjects for tar and feathers1 #ff4 ,tennessee1 lynch-law adopted1 #ce1 #aad1 #aae1 #aai1 #aea1 #agi1 #ahc1 #ahh2 ,ku-,klux ,klan1 #aci1 #ade1 #adh2 anti-lynching law1 #bcg2 punishment of lynchers1 #bee1 #bef4 ,texas1 lynch-law adopted1 #aah1 #aba1 #abb1 #abh1 #agi1 #ahc1 #ahh2 burning alive1 #aia1 #bbh2 anti-lynching law1 #bdj1 #bda2 punishment of lynchers1 #bee4 ,tillinghast1 ,j4 ,a41 #bjj4 ,tories1 #bd ff41 #fj1 #gb4 ,turner1 ,nat41 #ib ff4 ,union ,league1 #adf4 ,upton1 ,george ,p41 #afj4 ,utah1 lynch-law adopted1 #ahj1 #ahd4 ,vardaman1 ,governor1 #bfc4 ,vehmic courts1 #e ff4 ,verdicts of coroner's juries1 #bfc4 ,vicksburg gamblers1 #ii1 #ajh1 #aid4 ,vigilance organizations1 #f1 #abb1 #abe1 #abh1 #acj ff4 ,virginia1 lynch-law adopted1 #bc ff41 #cb1 #ci1 #gf1 #ib1 #aai1 #aea1 #agi1 #ahc1 #ahh2 acts to indemnify1 #bi1 #gb1 #gc2 tarring and feathering1 #ga2 agreement of #aghj1 #gc2 slave insurrection led by ,nat ,turner1 #ib ff4 ,washington1 lynch-law adopted1 #ahj1 #ahd4 ,washington1 ,booker ,t41 #bgh4 ,wells1 ,ida ,b41 #bbi4 ,west ,virginia1 lynch-law adopted1 #ajb1 #agi1 #ahc1 #ahh2 joint resolution condemning lynching1 #bdd4 ,westcott1 #g4 ,wheeler1 ,john ,h41 #ag ff41 #ej4 ,whipping1 #bg1 #bh1 #cb1 #ce1 #dg1 #gf1 #gg1 #ib1 #ih1 #ii1 #ajb1 #aac1 #aad1 #aae1 #aaf1 #abj1 #bag-bah4 ,white ,caps1 #aed1 #afh4 ,willcox1 ,walter ,f41 #bjg4 ,williams1 ,george ,w41 #aii1 #bjc4 ,williamson1 ,hugh1 #bj1 #dh1 #ej4 ,wilson1 ,d4 ,l41 #aci4 ,wilson1 ,woodrow1 #ajg4 ,wirt1 ,william1 #bf1 #cb1 #ga4 ,wisconsin1 lynch-law adopted1 #aeb1 #ahj1 #ahe4 ,wister1 ,owen1 #aig4 ,women1 lynching of1 #agb1 #agc4 ,wright1 ,carroll ,d41 #bfh4 ,wyoming1 lynch-law adopted1 #ahj1 #ahd2 punishment of lynchers1 #bee4 ----- ,footnote #a3 ,compare statement by ,william ,roberts in ,fortnightly ,review1 ,january1 #ahib 7#eg3 #ib74 ,footnote #b3 ,the ,times1 ,washington1 ,d4 ,c41 ,dec4 #ad1 #aijb4 ,footnote #c3 ,the ,standard ,union1 ,brooklyn1 ,n4 ,y41 ,nov4 #ad1 #aijb4 ,footnote #d3 ,the ,new ,york ,evening ,telegraph1 ,oct4 #h1 #aijb4 ,footnote #e3 ,see ,f4 ,ratzel3 8,history of ,mankind0 7trans4 by ,a4 ,j4 ,butler71 ,i1 #abe1 #bha1 #bhb2 ,,ii1 #aca2 ,,iii1 #ejg4 ,footnote #f3 ,see 8,fehmic courts10 ,encyclopdia ,britannica1 #ith edition4 ,footnote #g3 ,edward ,phillips3 8,the ,new ,world of ,words1 or a ,general ,english ,dictionary0 7#afgh1 #dth edition74 ,footnote #h3 ,grose's 8,provincial ,glossary0 7,london1 #ahaa71 p4 #afc4 ,footnote #i3 ,see 8,lynch ,law10 ,international ,cyclopdia 7#ahic74 ,footnote #aj3 ,see ,century ,dictionary under 8,law40 ,footnote #aa3 ,john ,jamieson3 8,etymological ,dictionary of the ,scottish ,language0 7#ahgi74 ,footnote #ab3 ,an ,american edition1 bound under the title1 8,brande's ,encyclopdia10 was published in #ahdc4 ,footnote #ac3 ,the ,english ,dictionary1 edited by ,rev4 ,john ,boag and published at ,glasgow in #ahdh1 gives for the verb lynch1 8,to inflict punishment without the forms of law1 as by a mob40 ,the definitions given for the words 8lynched0 and 8lynching0 are also very similar to the ones given by ,webster4 ,it is fair to presume that ,boag consulted ,webster and followed his authority1 although he did not mark the term as an ,american word4 ,john ,craig's ,dictionary of the ,english ,language 7,london1 #ahdi7 gives 8lynch1 v4 a4 ,to punish summarily without judicial investigation1 as by a mob4--,an ,american word40 ,the ,london edition of ,nuttall's ,dictionary 7published about #ahfc7 gives 8,lynch1 v4 a4 ,to inflict pain1 or punish without the forms of law1 as by an ,american mob40 ,the dictionaries published in ,great ,britain previous to #ahdh do not contain the verb lynch4 ,footnote #ad3 ,the edition of #aija has the same4 ,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 ,virginia4 ,footnote #ae3 ,see ,hardiman's ,history of ,galway 7,dublin1 #ahbj71 p4 #gj4 ,also1 ,spectator 7,london71 ,april #ac1 #ahhi 7#fb3 #eaa74 ,the story can be traced back as far as the year #afgd4 ,see ,miscellany of the ,irish ,archological ,society 7#ahdf71 ,i1 #dd-hj4 7,m47 ,footnote #af3 ,the ,green ,bag1 ,march1 #aijj 7#ab3 #aej74 ,footnote #ag3 ,see 8lynch law10 ,the ,american ,cyclopdia 7edition of #ahge74 ,see also1 ,notes ,queries1 #b;d ,series1 ,oct4 #bc1 #aheh 7#f3 #cch71 where reference is made to ,london ,gazette1 #f-i ,february1 #afhg-h1 ,no4 #bcai4 ,footnote #ah3 ,that he succeeded in making himself thoroughly unpopular with every one is shown in the ,calendars of ,state ,papers1 ,colonial ,series1 ,america ,west ,indies1 #afhe-afhh1 and #afhh-afib4 7,m47 ,footnote #ai3 ,see 8lynch law10 ,encyclopdia ,britannica 7#ith edition72 also1 under 8to lynch10 ,bartlett's ,dictionary of ,americanisms 7#dth edition1 #ahgg74 ,c4 ,a4 ,bristed1 in an essay on ,the ,english ,language in ,america 7,cambridge ,essays1 #ahee1 p4 #fj7 says3 8,linch1 in several of the northern-county dialects1 means to beat1 or maltreat4 ,lynch ,law1 then1 would be simply equivalent to club-law2 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 ,ireland40 ,footnote #bj3 ,no such verb as linch or linge is found in ,bosworth's ,dictionary of the ,anglo-,saxon ,language1 or in ,stratmann's ,middle-,english ,dictionary4 ,murray's ,oxford ,dictionary 7#aijc7 gives the verb linch as a variant of linge1 a word 8of obscure origin40 ,footnote #ba3 ,see 8lynch10 ,skeat's ,etymological ,dictionary4 ,footnote #bb3 ,although ,bristed ingeniously traces lynch-law back to the verb linch1 he remarks1 in passing1 that 8if there ever was a phrase deemed particularly ,trans-atlantic in origin1 it is that of ,lynch ,law for summary and informal justice40 ,footnote #bc3 ,see p4 #aj1 note #a4 ,footnote #bd3 8,reminiscences and ,memoirs of ,north ,carolina0 7#ahhd71 p4 #agb4 ,footnote #be3 8,history of ,north ,carolina0 7#ahea71 p4 #bgd4 ,footnote #bf3 ,see article by ,albert ,matthews in the ,nation1 ,dec4 #d1 #aijb 7#ge3 #dci74 ,footnote #bg3 ,alexander ,gregg3 8,history of the ,old ,cheraws0 7#ahfg71 p4 #abj4 ,f4 ,x4 ,martin3 8,history of ,north ,carolina0 7#ahbi71 ,,ii1 #bbh1 #bcc4 ,hugh ,williamson3 8,history of ,north ,carolina0 7#ahab71 ,,ii1 #abh1 #aca4 ,footnote #bh3 ,j4 ,b4 ,o',neall3 8,annals of ,newberry0 7#ahei71 p4 #gf4 ,it is not stated by ,o',neall at what time these gentlemen instituted this practice in ,south ,carolina4 ,from the evidence that ,gregg gives1 it apparently took place in the summer of #agfg4 ,see the following chapter1 p4 #ec4 ,footnote #bi3 ,see article by ,edward ,mc,crady1 in the ,nation1 ,jan4 #ae1 #aijc 7#gf3 #eb74 ,this article as originally written was published in full in the ,sunday ,news1 ,charleston1 ,s4 ,c41 ,jan4 #aa1 #aijc4 ,in a letter published in the ,nation1 ,march #ai1 #aijc 7#gf3 #bbe71 ,mr4 ,george ,s4 ,wills cites an example of the use of the word lynch in connection with this creek1 which is found in a journal kept by the ,rev4 ,william ,h4 ,wills1 a ,methodist minister of ,north ,carolina1 who traveled in his sulky from ,tarboro1 ,north ,carolina1 to ,alabama1 in the early summer of #ahcg4 ,after describing a narrow escape from drowning in an attempt to cross ,lynch's ,creek while it was swollen1 the ,rev4 ,mr4 ,wills writes in his journal3 8,probably ,i shall never forget ,lynches ,creek2 for it had well nigh ,lynchd me40--,see 8,publications of the ,southern ,historical ,association10 ,november1 #aijb 7#f3dgi74 ,this example1 however1 shows no original connection between the term lynch-law and ,lynch's ,creek1 ,south ,carolina4 ,as will appear in the following pages1 by the year #ahcg the word lynch had come to be widely used to indicate summary punishment4 ,evidently the writer in this case merely noticed the similarity between the name of the creek and the word which had recently come into use1 and so made this play upon words1 using the word lynch in a somewhat figurative sense4 ,footnote #cj3 ,see article by ,albert ,matthews in the ,nation1 ,jan4 #bi1 #aijc 7#gf3 #ia74 ,in a monograph by ,william ,a4 ,schaper1 on 8,sectionalism and ,representation in ,south ,carolina10 the statement is made1 in reference to the ,regulators of #agfh1 that 8the settlers agreed to rely on lynch law1 which received its name at this time40--,annual ,report of the ,american ,historical ,association 7#aijj71 ,i1 #ccg4 ,the author of this statement that lynch-law received its name at this time was1 however1 unable to cite facts to support it4 7,m47 ,footnote #ca3 8,history of the ,old ,cheraws0 7#ahfg71 p4 #abh4 ,footnote #cb3 ,j4 ,b4 ,o',neall3 8,biographical ,sketches of the ,bench and ,bar of ,south ,carolina0 7#ahei71 ,i1 p4 x4 ,footnote #cc3 8,traditions and ,reminiscences10 pp4 #dd-de4 ,footnote #cd3 ,ibid41 p4 #edd4 ,footnote #ce3 ,vol4 #dh1 p4 #djb4 ,footnote #cf3 ,one such story will be found in the following chapter on p4 #gc4 ,for an account of the ,lynch family in ,virginia1 see ,mrs4 ,julia ,mayo ,cabell3 8,sketches and ,recollections of ,lynchburg0 7#aheh71 pp4 #i-bc4 ,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 ,monthly1 ,december1 #aija 7#hh3 #gca71 and one by ,howell ,colton ,featherston in the ,green ,bag1 ,march1 #aijj 7#ab3 #aej74 ,both of these articles have been largely drawn upon in the following pages4 ,footnote #cg3 ,a writer 78,claverhouse07 in the ,new ,york ,evening ,post for ,june #b1 #ahfd1 says3 8,in ,america1 the term #8,lynch law' was first used in ,piedmont1 on the western frontier of ,virginia4 ,there was no court within the district1 and all controversies were referred to the arbitrament of prominent citizens4 ,among these was a man by the name of ,lynch1 whose decisions were so impartial that he was known as ,judge ,lynch1 and the system was called #8,lynch law1' and adopted in our pioneer settlements as an inexpensive and speedy method of obtaining justice40 ,footnote #ch3 ,edited by ,benson ,j4 ,lossing1 published in #ahhb4 ,footnote #ci3 ,see article by ,arthur ,desjardins1 ,revue des ,deux ,mondes1 ,may1 #ahia4 ,footnote #dj3 ,charles ,lynch was born in #agcf1 at ,chestnut ,hill1 his father's estate1 upon a part of which the city of ,lynchburg now stands4 ,his father was a 8redemptioner0 who came to ,virginia from ,ireland about #agbe4 ,the young adventurer subsequently married the daughter of the planter to whom the captain of the ship that brought him over had sold him1 took up a large tract of land lying between the ,james and the ,staunton rivers1 and became a tobacco planter on a large scale4 ,at his death the home on the ,james fell to his eldest son1 ,john1 and ,charles took the part of the family lands that lay nearer the frontier4 ,the mother1 ,sarah ,lynch1 then a widow1 had joined the sect of the ,quakers at the ,cedar ,creek meeting on ,april #af1 #agej1 and it is in the records of this congregation of ,quakers that the following item appears3 8#ad of ,dec41 #aged4 ,charles ,lynch and ,anne ,terrill published for the first ,time their ,intentions of ,marriage40 ,the young couple established their home on the ,staunton1 in what is now the southwestern part of ,campbell ,county4 ,for years ,charles followed his mother's teachings and was an active member of the ,society of ,friends2 for some time he was 8,clerk of the monthly meetings40 ,later1 however1 the exigencies of the times caused him to forego some of his scruples and accept public office4 ,in #agfg he became 8unsatisfactory0 to the peace-loving ,quakers and he was 8disowned for taking solemn oaths1 contrary to the order and discipline of ,friends40 ,it was in this year1 #agfg1 that he was elected to the ,virginia ,house of ,burgesses1 where he held a seat till the colony became an independent ,state4 ,he was prominent in the earliest organization of ,bedford ,county1 formed from ,lunenburg ,county in #agec 7,henry ,howe3 8,historical ,collections of ,virginia0 7#ahde71 p4 #ahh2 ,hening's ,statutes at ,large1 ,,vi1 #cha71 and was a member of the ,virginia convention of #aggf1 which1 by sending instructions to the delegates from ,virginia in the ,continental ,congress1 exercised a decisive influence on the movement for independence4 ,he had been made a justice of the peace under a commission from ,governor ,dunmore in #aggd1 and when the county court was reorganized1 according to the ordinance of the ,convention1 passed on the #c;d of ,july1 #aggf1 he retained the position4 ,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 service4 ,his loyalty was well known1 however4 ,mr4 ,page says3 8,he did not enlist in the army1 partly because of his ,quaker principles1 but chiefly because his presence was imperatively necessary at home4 ,he had to rouse the spirit of his constituents to support the action he had advocated in the convention4 ,he had to raise and equip troops for the army4 ,he had1 as it were1 to mobilize the forces of his country1 and attend to all the duties of a commissary department4 ,in addition1 he had to make some provision in the event of an attack from hostile ,indians40 ,in #aggh the court of ,bedford recommended him to the ,governor for the office of ,colonel of ,militia in that county4 ,he accepted the commission and organized a regiment1 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 ,virginia4 ,the records of the court of ,bedford ,county1 the minutes of various ,quaker meetings1 the journals of the ,virginia ,house of ,burgesses and of the first ,constitutional ,convention1 taken together with family documents and traditions1 show ,charles ,lynch to have been a thoroughly capable and highly respected man1 a leader among the men in his community4 ,before the close of the war he made a record for himself as an officer in the army4 ,at the battle of ,guilford ,court ,house1 ,march #ae1 #agha1 a battalion of riflemen under his command behaved with much gallantry and aided in bringing considerable credit to the ,virginia militia4 ,henry ,howe3 8,historical ,collections of ,virginia0 7#ahde71 p4 #bab4 ,w4 ,g4 ,simms3 8,life of ,nathanael ,greene0 7#ahei71 p4 #ahf4 ,henry ,lee3 8,memoirs of the ,war0 7#ahab71 ,i1 #cda1 #cde4 ,william ,johnson3 8,sketches of ,life and ,correspondence of ,nathanael ,greene0 7#ahbb71 ,,ii1 #c4 ,banastre ,tarleton3 8,history of the ,campaigns of #aghj and #agha0 7#aghg71 p4 #bgb4 ,c4 ,stedman3 8,history of the ,american ,war0 7#agid71 ,,ii1 #cch4 ,he lived for a number of years after peace had been declared with ,england1 and voted for the new constitution4 ,in the family burying-ground on his homestead plantation a tombstone bears the simple inscription3 8,in memory of ,colonel ,charles ,lynch1 a zealous and active patriot4 ,died1 ,october #bi1 #agif2 aged #fj years40 ,many anecdotes are still in circulation among the old inhabitants of his neighborhood illustrative of his habits and character4 ,the chorus of a once popular patriotic song runs as follows3 8,hurrah for ,colonel ,lynch1 ,captain ,bob and ,callaway6 ,they never turned a ,tory loose ,until he shouted #8,liberty'60 ,another version of this refrain runs this way3 8,hurrah for ,captain ,bob1 ,colonels ,lynch and ,callaway6 ,who never let a ,tory off ,until he cried out #8,liberty6'0 ,footnote #da3 ,mr4 ,page makes no mention of any trouble with desperadoes4 ,referring to the ,tories in ,bedford ,county1 he says3 8,numerous records of the county courts1 taken together with other sources of information1 show that here1 as in many other western counties1 there was a strong and influential party opposed to the struggle for independence4 ,for the most part they were quiet1 thrifty men1 far different from the ruffians and desperadoes that prejudice has since represented them to be40 ,that there were cliques of depredators and that much lawlessness prevailed in ,virginia and the ,carolinas at about this time is undoubtedly true1 however4 ,william ,wirt1 in his 8,sketches of the ,life and ,character of ,patrick ,henry0 7p4 #bag71 cites the case of ,josiah ,philips who1 at the head of a band of banditti1 spread terror in the counties of ,norfolk and ,princess ,anne1 and was made an outlaw by an act of the legislature of ,virginia1 by which act it became lawful for any person to kill him whenever opportunity offered4 ,lyman ,c4 ,draper presents the record of a great deal of lawlessness and depredation in his 8,king's ,mountain and its ,heroes40 ,see pp4 #bda1 #cca1 #ccb1 #ccf1 #cdj note1 #cdc note1 #chd1 #ddh-ddi4 ,footnote #db3 ,it is to be understood that these statements are based on tradition and not on contemporary evidence4 ,footnote #dc3 ,mr4 ,page remarks that the fine was not so heavy as it seems1 for in that year the prices fixed by the court were3 rum and brandy per gallon1 #dj1 corn and oats per gallon1 #b #hs41 dinner at an 8ordinary10 #d #ajs41 c4 ,footnote #dd3 ,hening's ,statutes at ,large1 ,,xi1 #acd-ace4 ,footnote #de3 ,quoted from the article by ,mr4 ,page4 ,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 ,law4 ,footnote #df3 ,see article by ,mr4 ,featherston4 ,a drawing of this tree 8from a sketch from nature0 may be found in the ,green ,bag1 ,december1 #ahib 7#d3 #efa74 ,footnote #dg3 ,mr4 ,featherston states that ,charles ,lynch was often called 8,judge ,lynch0 by his neighbors4 ,he seems to have been more commonly known as 8,colonel ,lynch40 ,footnote #dh3 8,the infliction of capital punishment was extremely rare4 ,there were only three instances of it1 and these for most heinous offenses1 between the organization of the county 7,bedford7 and the ,revolution4 ,the first case was on ,may #bd1 #agef1 when the court assembled #8to hear and determine all ,treasons1 ,petit ,treasons1 ,murders1 and other ,offenses committed or done by ,hampton and ,sambo belonging to ,john ,payne of ,goochland1 ,gent4' #8,the said ,hampton and ,sambo were set to the ,bar under ,custody of ,charles ,talbot 7then sheriff7 to whose ,custody they were before committed on ,suspicion of their being ,guilty of the felonious ,prepairing and ,administering ,poysonous ,medicines to ,ann ,payne1 and being ,arraigned of the ,premises pleaded ,not ,guilty and for their ,trial put themselves upon the ,court4 ,whereupon divers ,witnesses were charged and they heared in their ,defence4 ,on ,consideration thereof it is the ,opinion of the ,court that the said ,hampton is guilty in the ,manner and ,form as in the ,indictment4 ,therefore it is considered that the said ,hampton be hanged by the ,neck till he be dead1 and that he be afterwards cut in ,quarters1 and his ,quarters hung up at the ,cross ,roads4 ,and it is the ,opinion of the ,court that the said ,sambo is guilty of a ,misdemeanor4 ,therefore it is considered that the said ,sambo be burnt in the ,hand1 and that he also receive thirty-one ,lashes on his bare ,back at the ,whipping ,post4 ,memo3 ,that the said ,hampton is adjudged at forty-five ,pound which is ordered to be certified to the ,assembly 7that his owner may be remunerated according to law74' ,that it was a convincing proof of his guilt1 and not race prejudice1 that led the court to impose this savage punishment is evident from the fact that in the same year a negro was tried for murder1 another for poisoning1 and a third for arson1 and all were cleared40--,quoted from the article by ,mr4 ,page4 ,footnote #di3 ,this evidence has been presented by the present writer in a communication to the ,nation4 ,see issue of ,may #ba1 #aijc 7#gf3 #dae74 ,footnote #ej3 ,william ,wirt3 8,sketches of the ,life and ,character of ,patrick ,henry0 7#ahah71 p4 #cgb4 ,mr4 ,matthews1 in his article in the ,nation1 ,dec4 #d1 #aijb 7#ge3 #dci71 remarks that it is uncertain whether the note was written by ,roane or ,wirt4 ,in ,william ,wirt ,henry's 8,life of ,patrick ,henry10 ,vol4 ,,ii1 p4 #dhb1 the 8,,ms4 ,letter of ,judge ,roane to ,mr4 ,wirt0 is given1 but the note is not included4 ,the note was undoubtedly written by ,wirt4 ,footnote #ea3 ,an act for dividing the county of ,bedford into two distinct counties1 the new county to be known by the name of ,campbell1 was passed by the ,general ,assembly in #aghb4--;,hening's ,statutes at ,large1 ,x1 #ddg2 ,journal of the ,house of ,delegates1 ,jan4 #e1 #aghb1 p4 #gc4 ,howe says that ,campbell ,county was formed from ,bedford in #aghd1 and named in honor of ,general ,william ,campbell1 a distinguished officer of the ,american ,revolution4--8,historical ,collections of ,virginia40 p4 #baj4 ,footnote #eb3 ,published at ,charleston1 ,south ,carolina1 in #ahde4 ,see p4 #bab for the quotation4 ,see ,mrs4 ,julia ,mayo ,cabell3 8,sketches and ,recollections of ,lynchburg0 7#aheh71 pp4 #i-aj1 for a similar account of the connection of ,colonel ,charles ,lynch with the origin of 8the celebrated code called #8,lynch ,law4'0 ,this account is taken from the ,st4 ,louis ,republican1 but neither the author's name nor the date of its publication is given4 ,footnote #ec3 ,henry ,howe3 8,the ,great ,west0 7,cincinnati1 #aheb71 p4 #ahc4 ,footnote #ed3 ,the writer is indebted to ,mr4 ,matthews for the suggestion that ,howe's allusion to 8,squire ,birch0 points to ,judge ,james ,hall's 8,letters from the ,west0 as one such source4 ,see ,chapter ,,iii4 p4 #ha4 ,footnote #ee3 ,there are two errors here4 ,lynchburg was not named for him but for his brother1 ,john ,lynch1 and the plan was started later than 8some seventy or eighty years ago40 ,mr4 ,matthews disagrees with the writer in saying that this account is entirely independent of what ,wirt had written on the subject4 ,it seems to the writer1 however1 that these two inaccuracies indicate that ,martin was drawing wholly from his own sources of information4 ,he was1 apparently1 merely writing down what was considered a matter of common knowledge among the older men in that section of the country1 many of whom were emigrants from ,virginia4 ,footnote #ef3 8,publications of the ,southern ,historical ,association10 ,november1 #aijj1 7#d3 #dfc74 ,footnote #eg3 ,charles ,augustus ,murray1 in his 8,travels in ,north ,america during the years #ahcd1 #ahce1 and #ahcf0 7#b vol41 ,n4 ,y41 #ahci71 gives a traditional account of the origin of the term 8lynch-law10 such a one as might be given around a camp-fire4 ,he also describes the operation of lynch-law at that time in the ,mississippi ,valley4 ,see ,vol ,,ii1 p4 #gi4 ,g4 ,w4 ,featherstonhaugh1 in his 8,excursion through the ,slave ,states0 7,n4 ,y41 #ahdd71 gives 8,an account of the first ,judge ,lynch1 and the state of ,legal ,practice in his ,court10 pp4 #hi-ij4 ,he speaks of a certain ,judge ,lynch in ,arkansas and of 8a famous ,virginia ancestor of his40 ,he says that 8this ancestor1 the first ,judge ,lynch1 was a miller and a justice of the peace in the back woods10 and then gives a traditional account of his methods of inflicting punishment4 ,see also ,david ,schenck3 8,north ,carolina1 #aghj-ha0 7#ahhi71 pp4 #cji-caj4 ,l4 ,p4 ,summers3 8,history of ,southwest ,virginia and ,washington ,county0 7#aijc71 p4 #bdc4 ,footnote #eh3 ,mr4 ,matthews holds a somewhat different view4 ,see article1 8,the ,term ,lynch ,law10 ,modern ,philology1 ,vol4 ,,ii1 ,no4 #b1 ,october1 #aijd4 ,this article should be consulted by any one desiring to investigate this matter further4 ,footnote #ei3 ,in the ,salem ,gazette1 ,july #ag1 #ahab1 p4 #c1 the rise and domination of mobs in a community was characterized as 8,mob ,law40 7,m47 ,footnote #fj3 ,jan4 #i1 #ahai 7#ae3 #chd74 7,m47 ,footnote #fa3 ,july #bd1 #ahai 7#af3 #cfh74 7,m47 ,footnote #fb3 ,june #a1 #ahbb 7#bb3 #bbd74 7,m47 ,footnote #fc3 8,memorable ,days in ,america0 7#ahbc71 p4 #cjd4 ,footnote #fd3 ,ibid41 p4 #cah4 ,footnote #fe3 ,vol4 #bf1 p4 #cbf4 ,footnote #ff3 8,an ,excursion through the ,united ,states and ,canada10 pp4 #bcc-bcf4 7,m47 ,an extended extract is given in the following chapter on p4 #gi4 ,footnote #fg3 pp4 #bia1 #bib4 ,a more extended extract is given in the following chapter on p4 #ha4 ,footnote #fh3 ,c4 ,a4 ,hanna3 8,the ,scotch-,irish0 7#aijb71 p4 #fj4 ,footnote #fi3 ,c4 ,a4 ,hanna3 8,the ,scotch-,irish0 7#aijb71 p4 #fj4 ,footnote #gj3 ,new ,hampshire ,provincial ,papers1 ,,vi1 #bfb-bff4 7,m47 ,footnote #ga3 ,w4 ,h4 ,smith3 8,the ,st4 ,clair ,papers0 7#ahhb71 ,,ii1 #cea1 #cgd1 #cgf1 #cif-cig4 7,m47 ,footnote #gb3 ,new ,jersey ,archives 7#ahig71 ,,xix1 #bbe-bbf4 7,m47 ,footnote #gc3 ,new ,jersey ,archives 7#ahig71 ,,xix1 #cbf-cbg4 ,new ,york ,gazette1 ,december #ca1 #agec4 7,m47 ,this is the earliest use of the word regulate in connection with illegal punishment for corrective purposes that has come to the writer's notice4 ,footnote #gd3 ,see monograph on 8,the ,regulators of ,north ,carolina10 by ,professor ,john ,s4 ,bassett of ,trinity ,college1 ,n4 ,c41 for a full and complete account of this organization4 ,it was published in the ,annual ,report of the ,american ,historical ,association for #ahid4 ,footnote #ge3 ,f4 ,x4 ,martin3 8,history of ,north ,carolina0 7#ahbi71 ,,ii1 #bah-bai4 ,h4 ,williamson3 8,history of ,north ,carolina0 7#ahab71 ,,ii1 #acj-aca1 #bfa4 ,footnote #gf3 ,h4 ,williamson3 8,history of ,north ,carolina0 7#ahab71 ,,ii1 #bfb-bfc4 ,j4 ,h4 ,wheeler3 8,history of ,north ,carolina0 7#ahea71 ,,ii1 #cjf4 ,footnote #gg3 ,h4 ,williamson3 8,history of ,north ,carolina0 7#ahab71 ,,ii1 #bgj-bga4 ,footnote #gh3 ,see ,alexander ,gregg3 8,history of the ,old ,cheraws0 7#ahfg71 ,ch4 ,,vii4 ,this chapter contains quotations from original sources on the ,regulation movement in ,south ,carolina1 and has1 therefore1 considerable value4 ,footnote #gi3 ,see ,gregg's 8,history of ,the ,old ,cheraws10 p4 #acd4 ,footnote #hj3 ,see ,gregg's 8,history of ,the ,old ,cheraws10 p4 #acd4 ,footnote #ha3 ,j4 ,b4 ,o',neall3 8,the ,annals of ,newberry0 7#ahei71 pp4 #ge-gf4 ,footnote #hb3 ,see ,gregg's 8,history of the ,old ,cheraws10 p4 #acf4 ,this is the earliest use of the word ,regulator in connection with the disturbances in the ,carolinas known to the present writer4 ,footnote #hc3 ,on ,april #ah1 a ,circuit ,court ,act was passed1 but afterwards failed to become a law4 ,footnote #hd3 ,see ,gregg's 8,history of ,the ,old ,cheraws10 p4 #ach4 ,footnote #he3 ,see ,gregg's 8,history of ,the ,old ,cheraws10 p4 #aci4 ,footnote #hf3 ,david ,ramsay3 8,history of the ,revolution in ,south ,carolina0 7#aghe71 ,i1 #fc-fd4 ,according to this author these events took place 8about the year #aggj40 ,o',neall says 7,annals of ,newberry1 p4 #ge73 8,the ,regulators and ,scofelites1 in #agfd1 met in battle array10 c4 ,johnson says 7,traditions and ,reminiscences1 p4 #ib73 8,in #agfi great commotions arose in the upper parts of the ,state1 between what were called #8,regulators' and #8,schofilites4'0 ,in reality1 the crisis in the strife between the ,regulators and ,schofilites occurred in ,march1 #agfi4 ,this is shown by the following extract1 dated ,charlestown1 7,south ,carolina71 ,april #f1 which appeared in the ,boston ,chronicle of ,may #aa-ae1 #agfi 7,no4 #ib1 ,,ii1 #aee73 8,the prudent conduct of government1 in ordering ,joseph ,coffill1 who had assumed the title of ,colonel1 and some extraordinary powers1 and with his party had committed divers excesses1 to disperse1 has had the happy effect of once more restoring peace and good order amongst the inhabitants of the western settlements1 who1 exasperated by the tyrannical conduct of this man1 has assembled in a large body towards the close of last month1 in order to compel him to shew what powers he was invested with1 and if they had found that he was not cloathed with authority1 to have brought him to justice1 at all events4 ,both parties were incamped within musket shot of each other1 on ,saludy river1 when the orders to ,coffill arrived1 and thus a great deal of bloodshed was prevented4 ,the ,colonels ,richardson1 ,thompson1 and ,m',girt1 gentlemen of great reputation1 and highly esteemed by the whole body of honest back settlers1 we are told1 exerted themselves upon this occasion1 with great spirit1 discretion1 and success40 ,footnote #hg3 ,joseph ,johnson3 8,traditions and ,reminiscences0 7#ahea71 p4 #de4 ,footnote #hh3 ,ibid4 ,footnote #hi3 ,see ,gregg's 8,history of the ,old ,cheraws10 pp4 #aea-aeb4 ,footnote #ij3 ,this is likewise ,gregg's view of the matter4 ,footnote #ia3 ,in the year #agfe and for several succeeding years the 8,sons of ,liberty0 were particularly active in stirring up resistance to the acts of the ,british government1 which were considered oppressive4 ,the 8,sons of ,liberty10 elsewhere as well as in ,boston1 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 8,stamp ,masters10 8infamous importers10 and 8informers40 ,warning notices were frequently posted and published1 signed by 8,p4 ,p41 ,clerk10 8,m4 ,y41 ,secretary10 c4 ,hanging and burning in effigy1 flagellation1 tarring and feathering1 and ducking1 were the punitive measures generally threatened and not infrequently carried into effect4--,these statements are based on a collection of notes on 8,sons of ,liberty0 which were loaned to the writer by ,mr4 ,albert ,matthews4 ,footnote #ib3 ,for an exposition of the condition of society1 its state of dissolution and lack of organization1 during the ,revolutionary period and subsequent to that period1 see ,w4 ,g4 ,sumner3 8,alexander ,hamilton0 7#ahij74 ,on page #ac this statement is made3 8,the ,union was from the start at war with the turbulent1 anarchistic elements which the ,revolution had set loose40 ,footnote #ic3 ,a correspondent of the ,new ,england ,gazette in #aggf asked 8whether it would be featherable for a man to be detected with one of them 7pardons from the king7 in his pocket40--,frank ,moore3 8,diary of the ,revolution 7#ahge71 p4 #bbf4 ,paul ,leicester ,ford1 when writing his historical novel 8,janice ,meredith10 treated tarring and feathering as an ordinary incident of ,revolutionary times4 ,see ,chapters ,,xvii1 ,,xxxviii4 ,footnote #id3 ,john ,drayton3 8,memoirs of the ,american ,revolution0 7#ahba71 ,i1 #bgc4 ,frank ,moore3 8,diary of the ,revolution0 7#ahge71 p4 #dd4 ,joseph ,johnson3 8,traditions and ,reminiscences0 7#ahea71 p4 #gj4 ,edward ,mc,crady3 8,south ,carolina in the ,revolution #agge-aghj0 7#aija71 p4 #bd4 ,the date on which the tarring and feathering of ,thomas ,ditson of the town of ,billerica took place was ,march #i1 not ,march #h1 as given by the above writers4 ,for an explanation of the discrepancy in the date and for a description of the occurrence1 see ,boston ,gazette1 ,march #ac1 #agge 7,no4 #ajci1 p4 #c72 ,march #bj1 #agge 7,no4 #ajdj1 p4 #c74 ,footnote #ie3 ,joseph ,johnson3 8,traditions and ,reminiscences0 7#ahea71 p4 #ga4 8,the punishment of banishment1 preceded by the more dreadful operation of tarring and feathering10 was put in execution by a 8judicial ,association0 in the early days of a settlement on the ,bay of ,islands1 ,new ,zealand4 ,see ,r4 ,g4 ,jameson3 8,new ,zealand1 ,south ,australia1 and ,new ,south ,wales0 7,london1 #ahdb71 pp4 #aij-aia4 ,the ,yankee1 ,june #d1 #ahac1 p4 #d1 cited one of the laws of the naval code established during the reign of ,richard ,i as the 8,origin of ,tarring and ,feathering40 ,by this law any one lawfully convicted of stealing should have his head shorn1 and boiling pitch poured upon his head1 and feathers or down strewed upon the same1 whereby he might be known until the next landing place was reached1 where he was to be left4--,see ,hakluyt's 8,voyages10 ,,ii1 #ba4 ,footnote #if3 ,the writer is indebted to ,mr4 ,albert ,matthews for the facts which are here presented in regard to the practice of tarring and feathering previous to the year #agge4 ,footnote #ig3 ,salem ,gazette1 ,sept4 #f-ac1 #agfh 7,no4 #g1 p4 #bg74 ,boston ,evening ,post1 ,sept4 #ab1 #agfh 7,no4 #agbj1 p4 #c74 8,diaries of ,b4 ,lynde ,b4 ,lynde1 ,jr40 7#ahhj71 p4 #aib4 ,footnote #ih3 ,boston ,evening ,post1 ,sept4 #ai1 #agfh 7,no4 #agba1 p4 #c74 ,footnote #ii3 ,essex ,gazette1 ,sept4 #bj-bg1 #agfh 7,no4 #i1 p4 #cg74 ,footnote #ajj3 ,boston ,evening-,post1 ,june #ai1 #agfi 7,no4 #agfj1 p4 #c74 ,footnote #aja3 ,boston ,gazette1 ,sept4 #be1 #agfi 7,no4 #gee1 p4 #c74 ,footnote #ajb3 ,boston ,gazette1 ,oct4 #af1 #agfi 7,no4 #geh1 p4 #b74 ,footnote #ajc3 ,no4 #adj1 ,,ii1 #cea4 ,footnote #ajd3 ,boston ,gazette1 ,jan4 #a1 #aggj 7,no4 #gfi1 p4 #a72 ,june #aa1 #aggj 7,no4 #gib1 p4 #b72 ,july #b1 #aggj 7,no4 #gie1 p4 #b72 ,august #bj1 #aggj 7,no4 #hjb1 p4 #a72 ,boston-,gazette ,supplement ,july #cj1 #aggj 7,no4 #gii1 p4 #b72 ,aug4 #f1 #aggj 7,no4 #hjj1 p4 #b72 ,boston ,news-,letter1 ,june #ba1 #aggj 7,no4 #cdhj1 p4 #c72 ,essex ,gazette1 ,june #ai-bf1 #aggj1 ,,ii1 p4 #aia2 ,june #bf-;,july #c1 #aggj1 ,,ii1 p4 #aie2 ,aug4 #g-ad1 #aggj1 ,,iii1 p4 #aa2 ,london ,gazetteer1 ,nov4 #ag1 #aggj 7,no4 #acjaf1 p4 #b72 8,the ,letters of ,james ,murray1 ,loyalist10 edited by ,nina ,moore ,tiffany 7#aija71 pp4 #afe1 #age-agh4 ,footnote #aje3 ,boston ,gazette1 ,nov4 #a1 #aggc 7,no4 #ifi1 pp4 #a1 #c74 ,see also ,boston ,news-,letter1 ,jan4 #bg1 #aggd 7,no4 #cffi1 p4 #b74 ,footnote #ajf3 ,boston ,gazette1 ,nov4 #ae1 #aggc 7,no4 #iga1 p4 #c74 ,footnote #ajg3 ,boston ,news-,letter1 ,jan4 #bg1 #aggd 7,no4 #cffi1 p4 #b72 ,feb4 #c1 #aggd 7,no4 #cfgj1 p4 #b72 ,massachusetts ,spy1 ,jan4 #bg1 #aggd 7,no4 #aef1 p4 #c74 ,footnote #ajh3 ,boston ,gazette1 ,jan1 #ca4 #aggd 7,no4 #ihb1 p4 #c72 ,massachusetts ,spy1 ,feb4 #c1 #aggd 7,no4 #aeg1 p4 #b74 ,on ,january #ag a handbill signed in the same way had been distributed1 giving notice that any 8,,tea ,,consignees0 who should come to reside again in ,boston would be given 8such a ,reception as such vile ,ingrates deserve40--,boston ,gazette1 ,jan4 #ag1 #aggd 7,no4 #ihj1 p4 #c72 ,boston ,evening ,transcript1 ,feb4 #bg1 #aijc1 p4 #ad4 ,footnote #aji3 ,no4 #igf1 p4 #c4 ,footnote #aaj3 ,boston ,news-,letter1 ,nov4 #ah1 #aggc 7,no4 #cfei1 p4 #b74 ,footnote #aaa3 8,history of ,rhode ,island0 7#ahgh71 ,,ii1 #cjh-cji4 ,footnote #aab3 ,no4 #gfa1 p4 #c4 ,footnote #aac3 ,boston ,news-,letter1 ,jan4 #bg1 #aggd 7,no4 #cffi1 p4 #b72 ,massachusetts ,spy1 ,jan4 #bg1 #aggd 7,no4 #aef1 p4 #b72 ,essex ,gazette1 ,jan4 #be-;,feb4 #a1 #aggd 7,no4 #bhh1 ,,vi1 p4 #ajg72 ,march #a-h1 #aggd 7,no4 #bic1 ,,vi1 p4 #abg72 ,boston ,gazette1 ,feb4 #bh1 #aggd 7,no4 #ihf1 p4 #b72 ,march #ad1 #aggd 7,no4 #ihh1 p4 #a74 ,for a brief account of the whole affair see ,s4 ,roads1 ,jr43 8,history and ,traditions of ,marblehead0 7#ahhj71 pp4 #ia-id4 ,footnote #aad3 ,for an account of the doings of mobs in ,massachusetts see ,frank ,moore3 8,diary of the ,american ,revolution0 7#ahge71 pp4 #cg-db4 ,footnote #aae3 ,john ,drayton3 8,memoirs of the ,american ,revolution0 7#ahba71 ,i1 #bgc-bgd4 ,frank ,moore3 8,diary of the ,revolution0 7#ahge71 pp4 #ij-ia4 ,edward ,mc,crady3 8,south ,carolina in the ,revolution1 #agge-aghj0 7#aija71 p4 #bd4 ,footnote #aaf3 ,john ,drayton3 8,memoirs of the ,american ,revolution0 7#ahba71 ,,ii1 #ag4 ,footnote #aag3 ,frank ,moore3 8,diary of the ,revolution0 7#ahge71 p4 #ach4 ,footnote #aah3 ,ibid41 p4 #agh4 ,footnote #aai3 ,frank ,moore3 8,diary of the ,revolution0 7#ahge71 p4 #cei4 ,footnote #abj3 ,w4 ,m4 ,sloane3 8,the ,french ,war and the ,revolution0 7#ahic71 p4 #bci4 ,footnote #aba3 8,sketches of the ,life and ,character of ,patrick ,henry0 7#ahah71 pp4 #bcb-bcc4 ,footnote #abb3 ,hening's 8,statutes at ,large10 ,x1 #aie4 ,for an account of the measures taken which were not strictly warranted by law1 see ,l4 ,c4 ,draper3 8,king's ,mountain and its ,heroes0 7#ahha71 pp4 #chd-chg4 8,an act to indemnify ,thomas ,nelson1 ,junior1 esquire1 late governor of this commonwealth1 and to legalize certain acts of his administration10 was passed in #agha4--;,hening's 8,statutes at ,large10 ,x1 #dgh4 ,footnote #abc3 ,southern ,literary ,messenger1 ,,ii1 #chi 7,may1 #ahcf74 ,this reference comes to the present writer through ,mr4 ,j4 ,p4 ,lamberton of ,philadelphia1 ,mr4 ,edward ,ingle1 the author of 8,southern ,sidelights0 7,see pp4 #aia-aic71 and ,mr4 ,albert ,matthews4 ,footnote #abd3 ,the name of one of the younger sons of ,john ,lynch1 the founder of ,lynchburg1 was ,william1 and ,mrs4 ,cabell says that he was a 8,colonel in the late war40 ,this ,william ,lynch1 however1 married in early life and made his home in the city of ,lynchburg4 ,see ,mrs4 ,julia ,mayo ,cabell3 8,sketches and ,recollections of ,lynchburg0 7#aheh71 p4 #bj4 ,a writer in ,harper's ,magazine for ,may1 #ahei 7p4 #gid7 refers to a 8,mr4 ,lynch0 who 8was for many years the senior and presiding ,justice of the ,county ,court of ,pittsylvania40 ,this writer also says that ,lynchburg was named for this ,mr4 ,lynch1 and that his advanced age prevented him from taking the field during the ,war of ,independence4 ,this1 however1 is an account from memory of a story heard when a mere boy from an old man1 and1 as there are inaccuracies in several particulars1 it cannot be regarded as reliable4 ,footnote #abe3 ,hening's 8,statutes at ,large10 ,,xi1 #cgc4 ,footnote #abf3 8,memorable ,days in ,america0 7,london1 #ahbc71 pp4 #cjd1 #cje4 ,footnote #abg3 ,see pp4 #if-ih for this extract4 7,m47 ,footnote #abh3 ,w4 ,n4 ,blane3 8,an ,excursion through the ,united ,states and ,canada1 #ahbb-ahbc0 7,london1 #ahbd71 pp4 #bcc-bcf4 ,footnote #abi3 ,see pp4 #bia-bib for this extract4 ,the letters which compose ,judge ,hall's book were mostly printed in ,the ,port ,folio between #ahba and #ahbe1 but the letter in which he speaks of lynch-law first appeared in the printed volume of #ahbh4 7,m47 ,footnote #acj3 ,this expression is used in the ,illinois agreement of #ahbj 7see below71 and that document1 if genuine1 furnishes the earliest instance of its use known to the present writer4 ,footnote #aca3 ,this statement is made on the authority of ,mc,connel 7see below71 but compare ,c4 ,j4 ,latrobe3 8,ramble in ,america10 7,n4 ,y41 #ahcf1 #b;d ed471 ,let4 ,,vii1 ,i1 #if4 ,footnote #acb3 ,j4 ,l4 ,mc,connel3 8,western ,characters or ,types of ,border ,life in the ,western ,states0 7#ahec71 pp4 #bdd-bde4 7,m47 ,this extract is copied verbatim1 the names of the twelve men being omitted by ,mc,connel4 ,of the genuineness of the document ,mc,connel says3 8,i am not sure that ,i can vouch for its authenticity1 but all who are familiar with the history of those times1 will recognise1 in its peculiarities1 the characteristics of the people who then inhabited this country4 ,the affectation of legal form in such a document as this would be rather amusing1 were it not quite too significant2 at all events1 it is entirely #8in keeping' with the constitution of a race who had some regard for law and its vindication1 even in their most high-handed acts4 ,the technical phraseology1 used so strangely1 is easily traceable to the little #8,justice's ,form ,book1' which was then almost the only law document in the country2 and though the words are rather awkwardly combined1 they no doubt gave solemnity to the act in the eyes of its sturdy signers40 ,footnote #acc3 ,j4 ,l4 ,mc,connel3 8,western ,characters10 c41 p4 #agf4 ,footnote #acd3 ,niles' ,register1 ,july #ai1 #ahcd 7#df3 #ceb74 ,footnote #ace3 ,the ,liberator1 ,nov4 #e1 #ahca 7#a3 #ahj74 ,the publication of this paper was begun in ,boston in #ahca1 by ,william ,lloyd ,garrison1 the enthusiastic agitator of the anti-slavery cause4 ,his efforts to make his lists of 8,southern ,atrocities0 as large as possible render his paper a valuable source of information on the subject of lynch-law1 particularly lynch-law as applied to negroes prior to the ,civil ,war4 ,footnote #acf3 ,liberator1 ,oct4 #bi1 #ahca 7#a3 #agd74 ,footnote #acg3 ,ibid41 ,oct4 #a1 #ahca 7#a3 #aeg74 ,footnote #ach3 ,ibid41 ,dec4 #c1 #ahca 7#a3 #aid74 ,footnote #aci3 ,for the fullest and1 on the whole1 most trustworthy account of this insurrection1 see ,w4 ,s4 ,drewry3 8,slave ,insurrections in ,virginia0 7#aijj74 ,this book has been very largely drawn upon for what is here said on the subject4 ,see also1 ,liberator1 ,oct4 #a1 #ahca 7#a3 #aei72 ,dec #aj1 #ahca 7#a3 #aih72 ,dec4 #ag1 #ahca 7#a3 #bjb72 ,dec4 #bd1 #ahca 7#a3 #bjf74 ,see also1 ,niles' ,register1 ,aug4 #bg1 #ahca 7#dj3 #dee72 ,sept4 #c1 #ahca 7#da3 #d72 ,sept4 #aj1 #ahca 7#da3 #ai72 ,sept4 #ag1 #ahca 7#da3 #ce72 ,jan4 #g1 #ahcb 7#da3 #cej74 ,footnote #adj3 ,see p4 #hd in ,drewry's book4 ,footnote #ada3 ,the slavery question was the subject of prolonged debate at the next session of the ,virginia ,house of ,delegates4 ,see ,niles' ,register1 ,jan4 #bh1 #ahcb 7#da3 #cic74 ,in a speech made during the course of this debate1 ,william ,h4 ,broadnax said3 8,i have certainly heard1 if incorrectly1 the gentleman from ,southampton will put me right1 that of the large cargo of emigrants lately transported from that county to ,liberia1 all of whom professed to be willing to go1 were rendered so by some such severe ministrations as these ,i have described4 ,a lynch club--a committee of vigilance--could easily exercise a kind of inquisitorial surveillance over any neighborhood1 and convert any desired number1 ,i have no doubt1 at any time1 into a willingness to be removed40 ,see ,w4 ,l4 ,garrison3 8,thoughts on ,african ,colonization0 7#ahcb71 p4 #gd4 ,this reference comes to the present writer through ,mr4 ,w4 ,p4 ,garrison and ,mr4 ,albert ,matthews4 ,footnote #adb3 ,see ,niles' ,register for the year #ahcd4 ,footnote #adc3 ,liberator1 ,oct4 #ah1 #ahcd 7#d3 #afh74 ,the ,new ,england ,magazine1 ,november1 #ahcd 7#g3 #dji71 gives some comments on the times under the heading 8,the ,march of ,anarchy40 ,footnote #add3 ,liberator1 ,sept4 #bg1 #ahcd 7#d3 #aec74 ,footnote #ade3 ,conditions were apparently much like those which existed recently in ,memphis1 ,tennessee1 when a ,committee of ,public ,safety was organized and a crusade started against gambling4 ,see ,new ,york ,times1 ,july #ad1 #aijd2 ,july #ag1 #aijd4 ,footnote #adf3 ,see ,niles' ,register1 ,july #be1 #ahce 7#dh3 #cfc72 ,aug4 #a1 #ahce 7#dh3 #cha74 ,also ,liberator1 ,aug4 #h1ahce 7#e3 #abf-g74 ,footnote #adg3 ,for a brief account of the conspiracy led by ,murrell1 see ,niles' ,register1 ,aug4 #h1 #ahce 7#dh3 #djc-d74 ,a complete account may be found in the ,american ,whig ,review1 ,november1 #ahej 7#ab3 #did72 ,march1 #ahea 7#ac3 #bac74 ,footnote #adh3 ,see ,liberator1 ,aug4 #h1 #ahce 7#e3 #abf-g74 ,footnote #adi3 ,the 8,south-,west10 ,,ii1 p4 #ahe-g4 ,in ,mississippi1 at this time1 eleven crimes were punishable by death4 ,footnote #aej3 ,see ,liberator1 ,aug4 #a1 #ahce 7#e3 #abc74 ,footnote #aea3 ,boston ,advertiser1 ,sept4 #ab1 p4 #b4 ,footnote #aeb3 ,similar punishments have been inflicted upon ,mormons4 ,joseph ,smith1 ,jr41 and ,sidney ,rigdon were tarred and feathered on the night of ,march #be1 #ahcb4--,see ,w4 ,a4 ,linn3 8,the ,story of the ,mormons0 7#aijb71 pp4 #acc-acg4 ,footnote #aec3 ,issue of ,aug4 #bb1 #ahce 7#dh3 #dci74 ,footnote #aed3 ,issue of ,sept4 #e1 #ahce 7#di3 #a74 ,footnote #aee3 ,see also ,harriet ,martineau 8,society in ,america0 7#ahcg71 ,i1 #abj1 #aba1 #abb4 ,footnote #aef3 ,niles' ,register1 ,oct4 #c1 #ahce 7#di3 #fe74 ,for a caustic satire on the 8proceedings of ,judge ,lynch10 see 8,the ,enemies of the ,constitution ,discovered10 c41 by ,defensor 7,n4 ,y41 #ahce71 pp #dh-eb4 ,footnote #aeg3 ,liberator1 ,nov4 #ba1 #ahce 7#e3 #ahh74 ,footnote #aeh3 ,see ,liberator1 ,june #h1 #ahch 7#h3 #hi71 for an editorial from the ,philadelphia ,daily ,focus4 ,footnote #aei3 ,liberator1 ,april #af1 #ahcf 7#f3 #fc74 ,footnote #afj3 ,leisure ,hour1 ,nov4 #bd1 #ahgg1 p4 #gej4 ,footnote #afa3 ,this was ,garrison's view of the matter4 ,see ,liberator1 ,aug4 #aj1 #ahch 7#h3 #abg74 ,footnote #afb3 ,woodrow ,wilson3 8,division and ,reunion0 7,edition of #ahih71 pp4 #aae1 #aag4 ,footnote #afc3 ,w4 ,g4 ,sumner3 8,andrew ,jackson0 7#ahhb71 pp4 #cfd-cfe2 pp4 #dbh-dbi1 in edition of #ahii in ,american ,statesmen series4 ,footnote #afd3 ,liberator1 ,july #d1 #ahce 7#e3 #ajh74 ,footnote #afe3 ,see ,niles' ,register1 ,june #d1 #ahcf 7#ej3 #bcd74 ,also ,liberator1 ,may #ad1 #ahcf 7#f3 #gi71 and ,may #ba1 #ahcf 7#f3 #hc74 ,a negro slave was burned to death in a similar way in ,arkansas in ,november1 #ahcf1 for murdering his master and several negroes4 ,see extract from the ,arkansas ,gazette in ,niles' ,register1 ,dec4 #ca1 #ahcf 7#ea3 #bge74 ,footnote #aff3 ,liberator1 ,june #be1 #ahcf 7#f3 #ajb74 ,footnote #afg3 8,abraham ,lincoln1 ,works10 ,i1 pp4 #i-aj4 ,footnote #afh3 ,f4 ,j4 ,grund3 8,the ,americans in their moral1 social1 and political relations0 7,london1 #ahcg71 ,i1 #cbc4 7,m47 ,footnote #afi3 8,diary in ,america0 7#ahci71 ,,iii1 #bcb-bcc4 ,footnote #agj3 ,harriet ,martineau3 8,retrospect of ,western ,travel0 7#ahch71 ,i1 #bcf-bcg4 ,marryat3 8,diary in ,america0 7#ahci71 ,,ii1 #bja4 ,liberator1 ,aug4 #bd1 #ahch 7#h3 #ace71 c4 ,footnote #aga3 ,see ,chapter ,,ii4 ,footnote #agb3 ,liberator1 ,oct4 #bg1 #ahcg 7#g3 #agd74 ,footnote #agc3 ,niles' ,register1 ,june #ae1 #ahci 7#ef3 #bef74 ,footnote #agd3 ,liberator1 ,sept4 #ad1 #ahch 7#h3 #adf74 ,footnote #age3 ,liberator1 ,march #af1 #ahch 7#h3 #dd74 ,footnote #agf3 ,liberator1 ,feb4 #i1 #ahch 7#h3 #bd74 ,footnote #agg3 ,this is not wholly in accord with the opinion expressed by ,mr4 ,albert ,matthews in the ,nation1 ,dec4 #d1 #aijb 7#ge3 #dda71 but in a private letter to the writer ,mr4 ,matthews has accepted this modification4 ,footnote #agh3 ,see ,liberator1 ,dec4 #ai1 #ahce 7#e3 #bjd74 ,footnote #agi3 ,philip ,hone3 8,diary #ahbh-ahea0 7#ahhi71 ,i1 #aej4 7,m47 ,footnote #ahj3 ,see ,niles' ,register1 ,oct4 #be1 #ahde 7#fi3 #aae74 ,footnote #aha3 ,sir ,charles ,lyell1 who was in ,macon1 ,georgia1 a short time after this occurred1 gives an account of it in his book1 8,a ,second ,visit to the ,united ,states of ,america0 7#ahej71 ,,ii1 #ca-cb4 ,footnote #ahb3 ,liberator1 ,oct4 #ai1 #ahee 7#be3 #afh74 ,footnote #ahc3 ,during the period #ahcj-ahfj the word 8slick0 was occasionally used at places in the ,mississippi ,valley1 in the same sense as 8lynch40 ,see ,liberator1 ,oct4 #c1 #ahce 7#e3 #aeg71 and compare ,niles' ,register1 ,oct4 #e1 #ahcc 7#de3 #hg74 ,footnote #ahd3 ,liberator1 ,sept4 #ad1 #ahfj 7#cj3 #adf74 ,footnote #ahe3 ,see ,liberator1 ,oct4 #b1 #aheg 7#bg3 #afj74 ,footnote #ahf3 ,see ,liberator1 ,aug4 #bd1 #ahfj 7#cj3 #afj74 ,footnote #ahg3 ,see ,liberator1 ,jan4 #ah1 #ahef 7#bf3 #ab74 ,footnote #ahh3 ,liberator1 ,oct4 #af1 #aheg 7#bg3 #afg74 ,footnote #ahi3 ,liberator1 ,sept4 #bd1 #aheh 7#bh3 #aee74 ,footnote #aij3 ,liberator1 ,april #c1 #aheg 7#bg3 #ef74 ,footnote #aia3 ,see ,liberator1 ,dec4 #ai1 #ahef 7#bf3 #bjd74 ,it is possibly to this case that ,f4 ,l4 ,olmsted refers in 8,a ,journey in the ,back ,country0 7,n4 ,y41 #ahfj71 pp4 #ddb-ddc4 ,he says a negro killed his master 8a few months since in ,georgia or ,alabama02 and 8was roasted1 at a slow fire1 on the spot of the murder1 in the presence of many thousand slaves1 driven to the ground from all the adjoining counties40 ,footnote #aib3 ,see ,h4 ,h ,bancroft3 8,popular ,tribunals0 7#ahhg71 ,i1 #gdi4 ,in his two volumes on 8,popular ,tribunals0 this author presents very forcibly the arguments and the conditions urged in justification of the acts of these 8,tribunals40 ,he also exhibits the methods and inner workings of these organizations4 ,in 8,literary ,industries0 7#ahij71 pp4 #fee-ffc1 he tells how he obtained his knowledge of what went on behind the scenes4 ,for a somewhat different view of the ,vigilance ,committee movement in ,california1 see ,josiah ,royce3 8,california0 7#ahhf71 ,chapters ,,iv and ,v4 ,see also1 ,john ,s4 ,hittell3 8,history of the ,city of ,san ,francisco40 ,footnote #aic3 ,quoted from ,bancroft3 8,popular ,tribunals0 7#ahhg71 ,,ii1 #fff4 ,footnote #aid3 ,new ,york ,tribune1 ,june #g1 #aheh1 p4 #c4 ,footnote #aie3 ,in a message written by ,governor ,clarke of ,mississippi in #ahfe1 this passage occurs3 8,the terrible contest through which the country has just passed has aroused in every section the fiercest passions of the human heart4 ,lawlessness seems to have culminated in the assassination of ,mr4 ,lincoln40--,quoted in ,j4 ,w4 ,garner's 8,reconstruction in ,mississippi0 7#aija71 p4 #ei4 ,the message is printed in the ,new ,york ,times of ,june #aa1 #ahfe4 ,footnote #aif3 ,see 8,report on the ,condition of the ,south10 ,no4 #bfa of ,reports of ,committees of ,house of ,representatives for #b;d ,sess41 #dc;d ,cong41 #ahgd-ge4 ,see1 also1 article on 8,the ,southern ,question0 by ,charles ,gayarr in ,north ,american ,review1 ,november and ,december1 #ahgg 7#abe3 #dgb74 ,for a comprehensive view1 briefly stated1 of the great social changes begun in the ,south during the reconstruction period1 see editorial 8,the ,way ,out10 in ,outlook1 ,dec4 #bf1 #aijc 7#ge3 #ihd74 ,footnote #aig3 ,see ,reports of ,committees of ,house of ,representatives for #b;d ,sess41 #db;d ,cong41 #ahga-gb4 ,footnote #aih3 ,the best apparently reliable source for information as to the character and purpose of this organization is a little book entitled 8,the ,ku-,klux ,klan10 written by ,j4 ,c4 ,lester and ,d4 ,l4 ,wilson1 and published at ,nashville1 ,tennessee1 in #ahhd4 ,see also1 article 8,the ,ku-,klux ,klan10 signed ,d4 ,l4 ,wilson1 published in the ,century ,magazine1 ,july1 #ahhd 7#f3 #cih74 ,a less valuable but an interesting book is 8,k4 ,k4 ,k4 ,sketches10 by ,j4 ,m4 ,beard1 published at ,philadelphia in #ahgg4 ,many writers make incidental reference to the ,ku-,klux ,klan2 for example1 ,charles ,stearns3 8,the ,black ,man of the ,south and the ,rebels0 7#ahgb71 ,chap4 #ci2 ,james ,bryce3 8,the ,american ,commonwealth10 ,,ii1 #dgi4 ,an account of 8,the ,ku-,klux ,movement0 is given in ,w4 ,g4 ,brown's 8,lower ,south in ,american ,history0 7#aijb74 ,some of the characteristic1 possibly exaggerated1 features of the 8,ku-,klux ,movement0 have been presented in fiction4 ,see1 for example1 ,a4 ,conan ,doyle3 8,adventures of ,sherlock ,holmes1 ,the ,five ,orange ,pips0 7#aijb71 p4 #ajd2 ,thomas ,nelson ,page3 8,red ,rock1 a chronicle of ,reconstruction0 7#ahih74 ,footnote #aii3 ,the committee appointed to select a name reported among others the name 8,kukloi10 from the ,greek word kuklos1 meaning a band or circle4 ,at mention of this some one cried out3 8,call it #8,ku ,klux4'0 ,the word 8,klan0 at once suggested itself1 and was added to complete the alliteration4 ,it has been said that the society was named in imitation of the click heard in cocking the rifle1 but this seems to be without foundation in fact4 ,footnote #bjj3 ,see1 for example1 ,nation1 ,march #bc1 #ahga 7#ab3 #aib72 ,new ,york ,times1 ,feb4 #ae1 #ahga2 ,new ,york ,times1 ,aug4 #bf1 #ahgc2 ,new ,york ,tribune1 ,july #ca1 #ahgh4 ,footnote #bja3 ,for a list of the 8,molly ,maguire0 outrages in the mining region of ,pennsylvania1 and for an exposition of the origin1 growth1 and character of that organization1 see ,f4 ,p4 ,dewees3 8,the ,molly ,maguires0 7#ahgg74 ,footnote #bjb3 ,no claim for completeness is made in regard to these statistics4 ,particularly in the case of lynchings in the ,west they are doubtless incomplete4 ,footnote #bjc3 ,outlook1 ,dec4 #bf1 #aijc 7#ge3 #ihd74 ,footnote #bjd3 ,compare the opinion expressed in the ,nation1 ,sept4 #g1 #ahgf 7#bc3 #ade7 on the subject of 8intimidation0 at the ,south4 ,in the year #ahgi1 a 8,negro exodus from the ,southern ,states0 took place1 which1 on account of its size and character1 attracted considerable attention4 ,numerous reasons were assigned as the cause4 ,see ,f4 ,l4 ,hoffman3 8,race ,traits and ,tendencies of the ,american ,negro40--,publications of the ,american ,economic ,association1 ,august1 #ahif 7#aa3 #a72 ,nation1 ,april #aj1 #ahgi 7#bh3 #bci1 #bdb72 ,report and ,testimony of the ,select ,committee of the ,u4 ,s4 ,senate to investigate the causes of the removal of the negroes from the ,southern ,states to the ,northern ,states1 #b;d ,sess41 #dfth ,cong4 7,washington1 #ahhj74 ,footnote #bje3 ,it is of interest to note that the ,sons of ,liberty of the period #agfe-agge 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-,klux4 ,footnote #bjf3 8,lynching and ,mobs10 ,american ,journal of ,social ,science1 ,no4 #cb1 p4 #fg 7,november1 #ahid74 ,footnote #bjg3 ,edward ,leigh ,pell1 writing on 8,prevention of ,lynch-law ,epidemics10 in the ,review of ,reviews1 ,march1 #ahih 7#ag3 #cba71 questions the accuracy of the ,tribune figures for ,alabama1 ,florida1 and ,virginia in the year #ahig4 ,it is to be noted1 however1 that he refers to lynchings and seems to have regarded number of lynchings as synonymous with number of persons lynched4 ,footnote #bjh3 ,in a recent article1 entitled 8,the ,facts about ,lynching10 written by ,george ,p4 ,upton1 who for a number of years has been associate-editor of the ,tribune1 a similar table may be found4 ,see the ,independent1 ,sept4 #bi1 #aijd 7#eg3 #gai74 ,in this table1 however1 there are numerous inaccuracies1 and the fact that ,mr4 ,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 subject4 ,footnote #bji3 ,compare p4 #ahb4 ,footnote #baj3 ,the negro had escaped from the mob and gone to a neighboring county where he gave himself up to the authorities for protection4 ,later1 according to a letter received by the writer from the mayor of the town where he sought protection1 he was taken back by the sheriff and brought before a justice for a preliminary hearing4 ,the evidence was considered insufficient to bind him over to the grand jury and he was released4 ,footnote #baa3 ,principally ,new ,york ,city and ,new ,haven1 ,conn41 papers4 ,footnote #bab3 ,to be strictly accurate the number of lynchings should be taken rather than the number of persons lynched1 but for the purpose of comparison from year to year the latter may be considered sufficiently exact4 ,see p4 #ahe4 ,footnote #bac3 ,henry ,m4 ,boies has shown from the ,tribune record of murders that there has been1 within the last twenty years1 8an alarming increase of homicides1 accompanied by a proportionate decrease of executions by law and lynching40--8,science of ,penology0 7#aija71 p4 #abj4 ,footnote #bad3 ,see ,w4 ,s4 ,drewry3 8,slave ,insurrections in ,virginia0 7#aijj71 pp4 #bb-be4 ,footnote #bae3 ,the liberty has been taken of coining this word to designate the cause for lynching the class of individuals known as desperadoes4 ,no other word seems to express the idea so clearly4 ,the word 8brigandage0 is too narrow in meaning and too nearly obsolete2 the word 8outlawry0 is not sufficiently inclusive and is generally used only in its technical sense4 ,footnote #baf3 8,statistics and ,sociology0 7#aijj71 p4 #bga4 ,footnote #bag3 ,this may be taken as an indication of the trustworthiness of the ,tribune record of lynchings as a basis for statistical investigation4 ,footnote #bah3 ,see p4 #afd4 ,footnote #bai3 ,see the daily issues from ,july #bc to ,july #bg1 #ahhf4 ,footnote #bbj3 ,these figures are taken from the ,twelfth ,census1 where the term 8illiterates0 is used to designate all persons ten years of age and over who can neither read nor write1 or who can read but cannot write4 ,footnote #bba3 ,the figures given by the ,twelfth ,census were used4 ,the figures of the ,eleventh ,census would be more nearly typical for the period under consideration than those of the ,twelfth ,census1 but a difficulty was met with in an attempt to use them1 owing to the fact that new counties have been formed since #ahij4 ,it was found that counties in which lynchings have occurred did not appear at all in the ,eleventh ,census1 and that for the sake of completeness it was necessary to use the ,twelfth ,census4 ,footnote #bbb3 ,alfred ,holt ,stone1 ,in a paper read before the ,american ,economic ,association in ,december1 #aija1 attributed the amicable relations existing between the whites and the negroes in the ,yazoo-,mississippi delta to the absence of a white laboring class1 particularly of field laborers4 ,in his opinion one of the gravest causes of trouble between the two races is contact on a common industrial plane4--8,publications of the ,american ,economic ,association10 ,february1 #aijb 7#c;d ,ser41 ,vol4 ,,iii1 ,no4 #a1 p4 #bce74 ,footnote #bbc3 ,see p4 #aji4 ,footnote #bbd3 ,liberator1 ,april #ai1 #ahci 7#i3 #fc74 ,footnote #bbe3 ,liberator1 ,april #cj1 #ahcf 7#f3 #gb74 ,footnote #bbf3 8,diary in ,america0 7#ahci71 ,,iii1 #bbf-bcj4 ,for a description of the beginnings of legal procedure in isolated settlements on the frontier1 see 8,narrative of the ,life of ,david ,crockett10 written by himself 7#ahdc71 pp4 #acb-ace4 7,m47 ,footnote #bbg3 ,british and ,foreign ,review1 #ad3 #bi 7#ahdc74 ,footnote #bbh3 ,cora ,montgomery 7,jane ,m4 ,cazneau73 8,eagle ,pass2 or ,life on the ,border0 7#aheb71 pp4 #aec1 #afd-afg4 ,compare the justification of the frontier type of lynch-law given by ,owen ,wister in his recent novel1 8,the ,virginian40 ,after describing the lynching of some ,wyoming cattle-thieves1 and emphasizing the fact that 8many an act that man does is right or wrong according to the time and place which form1 so to speak1 its context10 the author puts into the mouth of 8,judge ,henry0 these words3 8,they 7the ordinary citizens7 are where the law comes from1 you see4 ,for they chose the delegates who made the ,constitution that provided for the courts4 ,there's your machinery4 ,these are the hands into which ordinary citizens have put the law4 ,so you see1 at best1 when they lynch they only take back what they once gave4444 ,we are in a very bad way1 and we are trying to make that way a little better until civilization can reach us4 ,at present we lie beyond its pale4 ,the courts1 or rather the juries1 into whose hands we have put the law1 are not dealing the law4 ,they are withered hands1 or rather they are imitation hands made for show1 with no life in them1 no grip4 ,they cannot hold a cattle-thief4 ,and so when your ordinary citizen sees this1 and sees that he has placed justice in a dead hand1 he must take justice back into his own hands where it was once at the beginning of all things4 ,call this primitive1 if you will1 but so far from being a defiance of the law1 it is an assertion of it--the fundamental assertion of self-governing men1 upon whom our whole social fabric is based40--pp4 #dce-dcf4 ,footnote #bbi3 ,c4 ,a4 ,murray3 8,travels in ,america0 7#ahci71 ,,ii1 #ha4 ,footnote #bcj3 ,bancroft's justification of popular tribunals and vigilance societies has been referred to above4 ,see ,chapter ,,iv1 p4 #acc4 ,footnote #bca3 8,history of the ,negro ,race in ,america0 7#ahhc71 ,i1 #aba1 #aca4 ,footnote #bcb3 ,see ,j4 ,a4 ,tillinghast3 8,the ,negro in ,africa and ,america0--,publications of the ,american ,economic ,association1 ,may1 #aijb 7#c;d ,ser41 ,vol4 ,,iii1 ,no4 #b74 ,this monograph presents an admirable historical perspective of the native characteristics and of the acquirements of the colored race in ,america4 ,footnote #bcc3 ,fanny ,kemble1 writing in #ahch-ci1 attributed the 8personal offensiveness0 of negroes to dirt and habits of uncleanliness1 asserting that the negroes had no respect for their personal appearance1 and that this lack of respect was due to slavery4 ,in her journal1 these words are found3 8,the stench in an ,irish1 ,scotch1 ,italian1 or ,french hovel are quite as intolerable as any ,i ever found in any of our negro houses40 ,in another connection1 however1 when describing a certain negro named ,isaac1 she refers particularly to his strong physical resemblance to a monkey1 and says that she is much comforted by the fact that this individual 8speaks40 ,see 8,journal of a ,residence on a ,georgian ,plantation0 7#ahfc71 pp4 #bc-bd1 #bai4 ,in describing 8,the ,negro in ,general10 ,ratzel writes3 8,the specific1 but hardly definable negro smell is certainly possessed by all1 in varying degrees4 ,falkenstein refers it to the somewhat more oily composition of the sweat1 which with uncleanly habits easily develops rancid acids40--8,history of ,mankind0 7,trans4 from #b;d ,german ed4 by ,a4 ,j4 ,butler1 #ahig71 ,,ii1 #cae2 see also ,,ii1 #bff1 #cja4 ,a practising physician in the city of ,new ,haven1 ,conn41 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 clothing4 ,footnote #bcd3 ,compare statements made in 8,an ,apology for the ,short ,shrift0--,saturday ,review1 ,may #bh1 #ahih 7#he3 #gag74 ,the following passage is found in 8,the ,selling of ,joseph10 by ,chief-,justice ,samuel ,sewall1 printed in ,boston1 ,june #ab1 #agjj1 the first printed protest against slaveholding in ,massachusetts3 8and there is such a disparity in their ,conditions1 ,colour ,hair1 that they can never embody with us1 and grow up in orderly ,families1 to the ,peopling of the ,land3 but still remain in our ,body ,politick as a kind of extravasat ,blood40--,see 8,proceedings of the ,massachusetts ,historical ,society0 for ,october1 #ahfc 7,vol4 #ahfc-fd1 p4 #afa74 ,footnote #bce3 ,william ,wells ,brown makes this statement in his book1 8,the ,negro in the ,rebellion10 pp4 #cfa-cfb4 ,footnote #bcf3 ,compare the manifestation of race prejudice in ,south ,africa1 in ,australia1 and in the ,philippines4 ,see article 8,the ,negro ,problem in ,south ,africa10 by ,arthur ,hawkes1 ,review of ,reviews1 ,september1 #aijc 7#bh3 #cbe71 and the editorial comments on pp4 #bfd-bfe of the same issue4 ,see also1 article 8,race ,prejudice in the ,philippines10 by ,james ,a4 ,le ,roy1 ,atlantic ,monthly1 ,july1 #aijb 7#ij3 #ajj74 ,footnote #bcg3 ,george ,w4 ,williams3 8,history of the ,negro ,race in ,america0 7#ahhc71 ,,ii1 #gb4 ,footnote #bch3 ,evidence for this statement has been presented above4 ,see ,chapter ,,iv4 ,footnote #bci3 ,outlook1 ,dec4 #bf1 #aijc 7#ge3 #ihd74 ,footnote #bdj3 ,outlook1 ,dec4 #bf1 #aijc 7#ge3 #ihd74 ,footnote #bda3 ,outlook1 ,dec4 #bf1 #aijc 7#ge3 #ihd74 ,footnote #bdb3 ,see p4 #bjj of monograph 8,the ,negro in ,africa and ,america10 referred to above4 ,that this crime is of recent origin is either stated or assumed by almost every writer who discusses the lynching of negroes4 ,see1 for example1 article by ,thomas ,nelson ,page in ,the ,north ,american ,review1 ,january1 #aijd 7#agh3 #cc74 ,footnote #bdc3 ,from a study of the prison statistics furnished by the ,united ,states census1 ,professor ,walter ,f4 ,willcox came to the positive conclusion that 8a large and increasing amount of negro crime is manifested all over the country40--,see an address on 8,negro ,criminality10 delivered before the ,american ,social ,science ,association1 on ,sept4 #f1 #ahii--8;,journal of ,proceedings10 ,no4 #cg1 p4 #ig4 ,a like opinion is expressed by many writers4 ,see1 for example1 ,forum1 ,october1 #ahih 7#af3 #afg72 ,outlook1 ,oct4 #ca1 #aijc 7#ge3 #dic72 ,outlook1 ,dec4 #bf1 #aijc 7#ge3 #ihd74 ,footnote #bdd3 ,for a number of references on the subject of rape and its punishment1 and also on the subject of burning alive as a legal punishment for crime1 during the colonial period1 the writer is indebted to ,mr4 ,albert ,matthews4 ,footnote #bde3 8,acts of ,assembly of the ,province of ,pennsylvania0 7#agge71 pp4 #de-df4 ,on ,may #e1 #agbb1 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 year4--,statutes at ,large of ,pennsylvania1 ,,iii1 #bfd4 ,footnote #bdf3 ,colonial ,laws of ,new ,york1 ,i1 #gfe-gff4 ,compare law of ,aug4 #h1 #afhh1 in the ,island of ,barbadoes1 which provided that two justices and three freeholders were to 8give sentence of ,death upon0 negroes1 for murder1 rape1 burning houses1 c4--,acts of ,assembly ,passed in the ,island of ,barbadoes1 ,from #afdh1 to #agah 7#agba71 pp4 #adj-ada4 ,footnote #bdg3 ,laws of the ,state of ,delaware 7#agig71 ,i1 #ajb-aje4 ,by an act passed in ,january1 #agig1 thirty-nine lashes well laid on were added to the punishment for an attempted rape on a white woman or maid4--,laws of the ,state of ,delaware 7#agig71 ,,ii1 #acba-acbd4 ,footnote #bdh3 ,laws of ,maryland 7#agii71 ,chapter ,,xiv4 ,footnote #bdi3 ,see ,john ,s4 ,bassett3 8,slavery and ,servitude in the ,colony of ,north ,carolina0--,johns ,hopkins ,historical ,studies 7#ahif71 ,,xiv1 #aii4 ,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 8it shall not be lawful for any county or corporation court1 to order and direct castration of any slave1 except such slave shall be convicted of an attempt to ravish a white woman1 in which case they may inflict such punishment40--,see ,hening3 8,virginia ,statutes at ,large10 ,,vi1 #c2 ,,viii1 #ceh2 ,samuel ,sheperd3 8,virginia ,statutes at ,large0 7,new ,series1 #ahce71 ,i1 #abe4 ,footnote #bej3 8,records of the ,court of ,assistants of the ,colony of the ,massachusetts ,bay0 7,j4 ,noble1 #aija71 p4 #gd4 ,the following passage is taken from the ,boston ,chronicle1 ,sept4 #bf-,oct4 #c1 #agfh 7,no4 #db1 ,i1 #chc73 8,we hear that a negro fellow was tried at the ,assizes held lately at ,worcester1 for a rape1 and found guilty1 and received sentence of death4--,a white man was also tried and found guilty of the same crime1 and sentenced to sit on the gallows40 ,footnote #bea3 ,see 8,proceedings of the ,new ,jersey ,historical ,society0 7#ahgd71 #b;d ,series1 ,,iii1 #agh4 ,footnote #beb3 ,see ,j4 ,r4 ,brackett3 8,the ,negro in ,maryland0 7#ahhi71 p4 #aca4 ,footnote #bec3 ,pennsylvania ,gazette1 ,dec4 #ad1 #agdd 7,n4 ,j4 ,archives1 ,,xii1 #bdd74 ,footnote #bed3 ,the basis for these statements is a collection of notes on legal burning alive made by ,mr4 ,albert ,matthews4 ,compare ,john ,fiske3 8,old ,virginia and her ,neighbours0 7#ahig71 ,,ii1 #bfe4 ,footnote #bee3 ,section ,,lvi of 8,an ,act for the better ,ordering and ,governing ,negroes and other ,slaves in this ,province10 dated the #ajth day of ,may1 #agdj1 reads as follows3 8,and whereas1 several negroes did lately rise in rebellion1 and did commit many barbarous murders at ,stono and other parts adjacent thereto2 and whereas1 in suppressing the said rebels1 several of them were killed and others taken alive and executed2 and as the exigence and danger the inhabitants at that time were in and exposed to1 would not admit of the formality of a legal trial of such rebellious negroes1 but for their own security1 the said inhabitants were obliged to put such negroes to immediate death2 to prevent1 therefore1 any person or persons being questioned for any matter or thing done in the suppression or execution of the said rebellious negroes1 as also any litigious suit1 action1 or prosecution that may be brought1 sued or prosecuted or commenced against such person or persons for or concerning the same2 ,be it enacted by the authority aforesaid1 ,that all and every act1 matter and thing1 had1 done1 committed and executed1 in and about the suppressing and putting all and every the said negro and negroes to death1 is and are hereby declared lawful1 to all intents and purposes whatsoever1 as fully and amply as if such rebellious negroes had undergone a formal trial and condemnation1 notwithstanding any want of form or omission whatever in the trial of such negroes2 and any law1 usage or custom to the contrary thereof in any wise notwithstanding40--8,statutes at ,large of ,south ,carolina0 7edited by ,d4 ,j4 ,mc,cord1 #ahdj71 ,,vii1 #daf-dag4 ,footnote #bef3 ,instances are recorded where ,indians who had committed the crime of rape on white females were legally dealt with4 ,see 8,records of the ,colony of the ,massachusetts ,bay in ,new ,england10 ,,ii1 #bc2 8,new ,haven ,colonial ,records0 7,hoadly1 #aheh71 p4 #edc2 8,rhode ,island ,colonial ,records10 ,,ii1 #dbj1 #dbg1 #dbh2 8,records of the ,court of ,assistants of the ,colony of the ,massachusetts ,bay0 7,j4 ,noble1 #aija71 pp4 #ba-bb2 8,plymouth ,colony ,records10 ,,vi1 #ih4 ,footnote #beg3 ,niles' ,register1 ,dec4 #be1 #ahac 7#e3 #bgi74 ,footnote #beh3 ,niles' ,register1 ,aug4 #be1 #ahba 7#bj3 #dae-daf74 ,footnote #bei3 ,niles' ,register1 ,june #h1 #ahbb 7#bb3 #bch74 ,footnote #bfj3 ,niles' ,register1 ,july #ac1 #ahbb 7#bb3 #cbj74 ,footnote #bfa3 ,niles' ,register1 ,sept1 #ad1 #ahbb 7#bc3 #ah74 ,it was in the year #agda that the thirteen blacks were burned at the stake in ,new ,york by judicial decree4 ,footnote #bfb3 ,additional evidence has been given above in another connection4 ,see ,chapter ,,iv4 ,footnote #bfc3 ,by an act passed the #aath day of ,may1 #aged1 power was given the justice to postpone the trial to such time as he thought proper1 owing to the frequent difficulty of procuring the justice and the freeholders and the witnesses to attend the trial within the three days4--8,statutes at ,large of ,s4 ,c40 7edited by ,d4 ,j4 ,mc,cord1 #ahdj71 ,,vii1 #dbf-dbg4 ,footnote #bfd3 8,statutes at ,large of ,south ,carolina0 7edited by ,d4 ,j4 ,mc,cord1 #ahdj71 ,,vii1 #djj-djb4 ,it was also provided by this act1 which was passed the #ajth day of ,may1 #agdj1 that an oath for the faithful discharge of duty be taken by the freeholders when they assembled with the justices for the trial of prisoners1 that the evidence of slaves1 without oath1 be admitted against slaves1 that for certain offenses certain penalties be imposed1 that compensation be allowed the owners of slaves executed1 that masters and other persons be compelled to give evidence1 that the constables execute or punish slaves according to the judgments rendered1 c41 c4 ,footnote #bfe3 ,the laws of ,pennsylvania1 ,new ,york1 ,new ,jersey1 and ,delaware have been cited above4 ,footnote #bff3 8,negro ,outrage no ,excuse for ,lynching0--,forum1 ,november1 #ahic 7#af3 #cjj74 ,footnote #bfg3 ,walter ,h4 ,page3 8,the ,last ,hold of the ,southern ,bully0--,forum1 ,november1 #ahic 7#af3 #cjc74 ,footnote #bfh3 8,lynching of ,black ,people because they are ,black0--,our ,day1 #ac3 #bih 7#ahid74 ,footnote #bfi3 ,the following passage is taken from an editorial in the ,houston 7,texas7 ,post of ,october #bc1 #aijb3 8,from the same telegraph pole from which the two negroes were hanged at ,hempstead on ,tuesday1 a rapist was hanged less than two months ago4 ,the circumstances of the first execution were fully known to the victims of the second mob4 ,this teaches very plainly that lynching does not deter40 ,footnote #bgj3 ,see 8,the ,epidemic of ,savagery10 ,outlook1 ,sept4 #g1 #aija 7#fi3 #i72 also1 8,the ,lynching of ,negroes10 by ,thomas ,nelson ,page1 ,north ,american ,review1 ,january1 #aijd 7#agh3 #cc74 ,footnote #bga3 ,compare the conclusion arrived at by a ,georgia lawyer in an article in the ,forum1 ,october1 #ahic 7#af3 #agf74 ,footnote #bgb3 ,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 particular1 utterly ignoring the question of capability and responsibility4 ,footnote #bgc3 ,see1 for example1 ,j4 ,h4 ,ingraham3 8,the ,south-,west0 7#ahce71 ,,ii1 #ahe-ahi4 ,footnote #bgd3 ,see1 for example1 ,southern ,literary ,messenger1 ,march1 #ahci 7#e3 #bai74 ,footnote #bge3 ,see ,public ,opinion1 ,feb4 #aa1 #ahic 7#ad3 #ddh74 ,footnote #bgf3 ,see ,our ,day1 ,may1 #ahic 7#aa3 #ccc74 ,footnote #bgg3 ,see ,haydn's 8,dictionary of ,dates0 7#ahih71 p4 #fha4 ,also1 8,the ,cyclopedic ,review of ,current ,history0 7#ahid71 p4 #fdg4 ,footnote #bgh3 ,the ,new ,york ,world secured 8interviews0 with nineteen governors on the subject of the proposed visit of the committee4 ,see ,american ,law ,review1 ,november-,december1 #ahid 7#bh3 #ijd74 ,footnote #bgi3 ,see ,literary ,digest1 ,july #ad1 #ahid4 ,footnote #bhj3 ,see ,independent1 ,may #af1 #aija 7#ec3 #aacc74 ,footnote #bha3 ,see article by ,edward ,leigh ,pell on 8,prevention of ,lynch-law ,epidemics10 ,review of ,reviews1 ,march1 #ahih 7#ag3 #cba74 ,footnote #bhb3 ,see ,georgia ,code1 #ahie1 ,sections #cef-cei4 ,footnote #bhc3 ,public ,laws of ,north ,carolina1 #ahic1 ch4 #dfa4 ,footnote #bhd3 ,georgia ,laws1 #ahie1 ,part ,i1 ,title #g1 ,no4 #bji4 ,footnote #bhe3 ,constitution of ,south ,carolina1 ,section #f1 ,article #f4 ,this article of the constitution with additional provisions necessary to make its operation effective was passed by the legislature in #ahif as 8,an ,act to ,prevent ,lynching40 ,see ,acts of ,south ,carolina1 #ahif1 p4 #bac4 ,footnote #bhf3 #ib ,ohio ,laws #acf4 ,in this the original act the amount of damages that could be recovered was fixed at a certain sum2 for assault1 8the sum of #ajjj10 for suffering lynching 8the sum of #ejj10 c4 ,in thus fixing the amount of damages it was said that the legislature had assumed judicial power and had thus rendered the act unconstitutional4 ,to remedy this defect1 the legislature on ,april #ba1 #ahih1 amended the act so that the amount of damages that might be recovered should be1 for assault 8any sum not exceeding #ajjj10 for suffering lynching 8any sum not exceeding #ejj10 c4 ,see #ic ,ohio ,laws #afa4 ,being ,sections #ddbf-d to #ddbf-ad of the ,revised ,statutes4 ,footnote #bhg3 #ic ,ohio ,laws #daa4 ,being ,section #fijh of ,title ,i1 ,part ,fourth1 ,revised ,statutes1 ,crimes and ,offenses4 ,footnote #bhh3 ,acts of ,tennessee1 #ahig1 ,chapter #eb4 ,this act was approved ,march #bd1 #ahig4 ,footnote #bhi3 ,laws of ,kentucky1 #ahig1 ,chapter #bj4 ,for the amendment and re-enactment of this law see ,laws of ,kentucky1 #aijb1 ,chapter #be4 ,in the above rsum of the law nothing has been included from the sections which were repealed in #aijb4 ,footnote #bij3 ,laws of ,texas1 #ahig1 ,chapter #ac4 ,this act was approved ,june #ai1 #ahig4 ,footnote #bia3 ,acts of ,indiana1 #ahii1 ,chapter #bah4 ,being ,sections #bjfe;a-#bjfe;d1 #bjfe;f of the ,revised ,statutes 7#aija74 ,by an act approved ,feb4 #bd1 #ahii1 boards of county commissioners in ,indiana are authorized to pay five hundred dollars reward for the arrest and conviction of a murderer or lyncher4--,acts of #ahii1 ,chapter #ajj4 ,footnote #bib3 ,acts of ,indiana1 #aija1 ,chapter #adj4 ,being ,section #bjfe;e of the ,revised ,statutes 7#aija74 ,footnote #bic3 ,public ,acts of ,michigan1 #ahii1 ,no4 #beb4 ,repealed by ,public ,acts of ,michigan1 #aijc1 ,no4 #bf4 ,footnote #bid3 ,constitution of ,alabama1 ,section #ach4 ,footnote #bie3 ,acts of ,west ,virginia1 #aijc1 p4 #cje2 ,joint ,resolution1 ,no4 #ab1 adopted ,feb4 #c1 #aijc4 ,footnote #bif3 ,see newspapers of the date ,dec4 #bf1 #aijb1 and subsequent dates4 ,footnote #big3 ,laws of ,kansas1 #aijc1 ,chapter #djg4 ,this act was approved ,march #aj1 #aijc4 ,footnote #bih3 ,laws of ,kansas1 #aijc1 ,chapter #bba4 ,this act was approved ,march #aa1 #aijc4 ,footnote #bii3 ,as early as the year #agif1 this measure was suggested as a means of preventing the administration of popular justice by extra-legal methods4 ,in that year ,governor ,st4 ,clair1 in a report to the ,secretary of ,state concerning 8,official ,proceedings in the ,illinois ,country10 after describing an affair in which some ,indians were summarily put to death1 the circumstances of which he characterized as 8not only not blameable but laudable10 continued in these words3 8,i am sorry however1 to add that1 had the affair been ever so criminal in its nature1 it would have been1 ,i believe1 impossible to have brought the actors to punishment4 ,the difficulties that have occurred in cases of that nature in various parts of the ,united ,states1 as well as in this ,territory1 and the stain it fixes on the national character1 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 citizens1 and it has occurred to me that1 were a pretty heavy pecuniary fine to be set upon the murder of an ,indian1 and a proportional one for lesser injuries1 to be levied upon the counties where the offense was committed if the offenders were not brought to justice1 it would probably have the effect1 for it is often seen that the minds of men little tinctured with justice or humanity1 have a pretty strong sympathy with their pockets1 and ,i believe it to be a subject within the province of the general legislature40--,the ,st4 ,clair ,papers 7#ahhb71 ,vol4 ,,ii1 p4 #cig4 ,footnote #cjj3 ,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 ,states1 inclosing in each letter a self-addressed and stamped envelope for reply3 #a4 ,what anti-lynching laws have been enacted in your ,state since #ahij8 7,please give citation to statutes47 ,if there are no anti-lynching laws in your ,state1 mention any attempts that have been made to enact such laws4 #b4 ,have any cases been tried under any of such laws or any attempts been made to that effect1 and what has been the record and the outcome in each case8 #c4 ,are such laws effective in any respect8 ,twenty-four replies were received to the thirty-three letters sent1 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 ,states1 with one exception1 in which the greater number of lynchings have occurred4 ,the exception is scarcely worth noting1 however1 because it was a reply which was very tardy and very non-committal4 ,footnote #cja3 ,see p4 #bcd4 ,footnote #cjb3 ,brown v4 ,orangeburg ,co41 #ee ,s4 ,c4 #de2 #cb ,s4 ,e4 #gfd4 ,the decision of the ,supreme ,court was rendered on ,april #bj1 #ahii4 ,footnote #cjc3 ,see p4 #bce4 ,footnote #cjd3 ,mitchell was a negro and was lynched on ,june #d1 #ahig1 for the crime of rape4 ,footnote #cje3 ,caldwell lost again in the common pleas and circuit courts1 and went no further4--,deputy ,clerk of ,cuyahoga ,county in letter to the writer4 ,footnote #cjf3 ,see note1 p4 #bcf4 ,the supreme court by this decision upheld the act in its original form4 ,footnote #cjg3 #fb ,o4 ,s4 #cah4 ,footnote #cjh3 #fh ,n4 ,e4 #hii4 ,footnote #cji3 ,see p4 #ahe4 ,compare ,chart ,i4 ,footnote #caj3 ,new ,york ,times1 ,jan4 #ba1 #aijd4 ,governor ,sayers of ,texas made similar statements in his annual message to the legislature of ,texas on ,jan4 #af1 #aijc4 ,footnote #caa3 ,new ,york ,times1 ,nov4 #c1 #aijc4 ,footnote #cab3 ,new ,york ,times1 ,sept4 #g1 #aijc4 ,footnote #cac3 ,richmond 7,va47 ,planet1 ,feb4 #ad1 #aijc4 ,footnote #cad3 ,governor's message to the legislature1 ,jan4 #ad1 #aijc4 ,footnote #cae3 ,new ,york ,evening ,sun1 ,june #e1 #aijc4 ,footnote #caf3 ,after a trial which lasted three months1 the first man tried was acquitted4--,denver 7,colo47 ,republican1 ,feb4 #bh1 #aijb4 ,footnote #cag3 ,attorney-general of ,wyoming in letter to the writer4 ,footnote #cah3 ,a woman whose husband was hanged by a mob has recently filed suit against twenty-six 8prominent citizens0 of ,fleming ,county1 ,kentucky1 for #ej1jjj damages1 claiming that they were members of the mob which lynched her husband4--,new ,york ,times1 ,july #ad1 #aijd4 ,footnote #cai3 ,chattanooga 7,tenn47 ,times1 ,july #bg1 #aijb4 ,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 jury1 and that the court was to carefully exclude all such persons from both grand and petit juries4 ,see p4 #bcg4 ,footnote #cbj3 ,despatch from ,lewisburg1 ,tennessee1 in ,new ,york ,commercial ,advertiser1 ,jan4 #h1 #aijc4 ,in ,october1 #aijc1 a grand jury in ,moore ,county1 ,tennessee1 indicted twenty-two members of a lynching mob4--,see ,outlook1 ,oct4 #bd1 #aijc 7#ge3 #dbg74 ,footnote #cba3 ,atlantic ,monthly1 ,february1 #aijd 7#ic3 #aee74 ,footnote #cbb3 ,see bills introduced during #egth ,congress1 #ast ,session3 ,senate ,bill #aaag2 ,house bills #ba1 #degb4 ,footnote #cbc3 ,congressional ,record1 #egth ,congress1 #ast ,session1 p4 #fcf4 ,footnote #cbd3 ,see ,green ,bag1 ,september1 #aijj 7#ab3 #dff74 ,footnote #cbe3 ,new ,york ,tribune1 ,april #ae1 #ahib4 ,footnote #cbf3 ,some of these indemnities cover loss of property and bodily injuries as well as loss of life4 ,footnote #cbg3 ,see1 in addition to ,new ,york ,tribune1 ,april #ae1 #ahib1 ,united ,states ,statutes at ,large1 #dith ,cong41 #bnd ,sess41 ,ch4 #bec2 #ejth ,cong41 #ast ,sess41 ,ch4 #abaj2 #edth ,cong41 #ast ,sess41 ,ch4 #cgc2 #eeth ,cong41 #ast ,sess41 ,ch4 #i2 #eeth ,cong41 #b;d ,sess41 ,ch4 #ega2 #efth ,cong41 #b;d ,sess41 ,ch4 #hca2 #egth ,cong41 #b;d ,sess41 ,ch4 #ajjf4 ,footnote #cbh3 ,american ,law ,review1 ,september-,october1 #aijj 7#cd3 #gji74 ,footnote #cbi3 ,see ,congressional ,record1 #egth ,congress1 #ast ,session1 pp4 #eijb-eije1 #eief1 #fbad4 ,footnote #ccj3 ,leslie's ,weekly1 ,aug4 #bj1 #aijc2 ,independent1 ,oct4 #bi1 #aijc 7#ee3 #bedg74 ,footnote #cca3 ,see ,harvard ,law ,review1 ,march1 #aijd 7#ag3 #cag74 ,footnote #ccb3 ,on the work of the courts in the ,state of ,new ,york1 see 8,report of the ,commission on ,law's ,delays10 ,january1 #aijd4 ,footnote #ccc3 ,review of ,reviews1 ,march1 #ahih 7#ag3 #cba74 ,footnote #ccd3 ,governor ,newton ,c4 ,blanchard1 at his inauguration on ,may #af1 #aijd1 at ,baton ,rouge1 ,louisiana1 stated his position with reference to lynchings in unmistakable language4 8,lynchings10 he said1 8will not be permitted under any circumstances1 if it be possible for the military at the command of the ,governor to get there in time to prevent them4 ,and if they occur before the intervention of the ,executive can be made effective1 inquiry and investigation will be made and prosecution instigated4 ,sheriffs will be held to the strictest accountability possible under the law for the safety from mob violence of persons in their custody4444 ,the courts are adequate to the prompt vindication of the law and the punishment of crime40--,outlook1 ,may #bh1 #aijd 7#gg3 #aig74 ,footnote #cce3 ,governor ,vardaman ordered out two companies of militia and went himself to the scene of the trouble in a special train1 bringing the negro away in his private car1 at a cost to the ,state1 it was said1 of #bej1jjj4 ,see ,new ,york ,times1 ,feb4 #bi1 #aijd4 ,footnote #ccf3 ,vigilance and prompt action on the part of the officers of the law1 together with the presence of the militia1 probably prevented the lynching of the three negroes who assaulted ,mrs4 ,biddle at ,burlington1 ,new ,jersey1 on ,july #e1 #aijd4--,see ,new ,york ,times1 ,july #af1 #aijd4 ,footnote #ccg3 ,governor ,jelks1 of ,alabama1 in his message of ,jan4 #ad1 #aijc1 said in reference to the lynching in ,pike ,county of a negro who was taken away from a constable3 8,his offense was probably swearing contrary to one of his white neighbors in a justice trial on a proof of character4 ,this was a cold-blooded murder and without excuse at all4444 ,the murderers go about4 ,none of them will be hanged as they should be40 ,footnote #cch3 ,the ,news-,observer1 ,raleigh1 ,north ,carolina1 ,aug4 #bg1 #aijb4 ,footnote #cci3 ,american ,law ,review1 ,march--,april1 #aijj 7#cd3 #bch74 ,footnote #cdj3 ,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 #ahib1 see paper by ,george ,c4 ,holt1 on 8,lynching and ,mobs10 ,american ,journal of ,social ,science1 ,no4 #cb1 p4 #fg 7,november1 #ahid74 ,footnote #cda3 ,carroll ,d4 ,wright3 8,outline of ,practical ,sociology0 7#ahii71 p4 #ceg4 ,footnote #cdb3 ,this view of the matter is ably set forth in the ,green ,bag for ,september1 #aijj 7#ab3 #dff71 by ,o4 ,f4 ,hershey of the ,maryland ,bar4 ,the same idea is expressed in a different way in an article on 8,american ,quality10 by ,n4 ,s4 ,shaler4 ,see ,international ,monthly1 ,july1 #aija4 ,footnote #cdc3 ,francis ,j4 ,grund3 8,the ,americans in their moral1 social1 and political relations0 7,london1 #ahcg71 ,i1 #cbc4 7,m47 ,footnote #cdd3 ,quoted from the ,journal of ,jurisprudence 7,edinborough74 ,see ,american ,law ,review1 ,may--,june1 #ahia 7#be3 #dfa74 ,footnote #cde3 ,for a comprehensive discussion of the 8native question10 see 8,a ,sociological ,view of the #8,native ,question1'0 by ,albert ,g4 ,keller1 ,yale ,review1 ,november1 #aijc4 ,footnote #cdf3 ,w4 ,e4 ,b4 ,du,bois3 8,the ,souls of ,black ,folk0 7#aijc71 p4 #adc4 ,footnote #cdg3 ,william ,hayne ,levell3 8,on ,lynching in the ,south40--,outlook ,nov4 #af1 #aija 7#fi3 #gca74 ,footnote #cdh3 8,lynching and the ,franchise ,rights of the ,negro10 ,annals of the ,american ,academy of ,science1 ,may1 #aijj 7#ae3 #dic74 ,footnote #cdi3 ,on the suggestibility of crowds1 see ,gustave ,le,bon3 8,the ,crowd4 ,a ,study of the ,popular ,mind0 7#b;d ed41 #ahig74 ,see also ,boris ,sidis3 8,the ,psychology of ,suggestion0 7#ahih71 ,part ,,iii4 ---------------------------------------- -------------------------------- ,,transcriber',s ,,notes #a4 ,silently corrected obvious typographical errors and variations in spelling4 #b4 ,retained archaic1 non-standard1 and uncertain spellings as printed4 #c4 ,re-indexed footnotes using numbers and collected together at the end of the last chapter4 #d4 ,enclosed italics font in underscores4