Lynch-law; an investigation into the history of lynching in the United States — John Shaqi
Lynch-law; an investigation into the history of lynching in the United StatesCutler, James Elbert
Philosophy
Lynch-law; an investigation into the history of lynching in the United States
Cutler, James Elbert
Lynching -- United States
Some important changes are noticeable in the definitions attached to
lynch-law forty years later. The Progressive Dictionary of the English
Language, edited by Samuel Fallows and published at Chicago in 1885,
gives this definition for the verb lynch: “To punish without the forms
of law; specifically to hang by mob-law.” In a note it is stated that
more than one etymology is claimed for the word. John S. Farmer in his
“Americanisms,” published at London in 1889, says the origin of the term
lynch-law “is wrapped in mystery; many explanations have been put
forward; none, however, are conclusive.” In Webster’s Dictionary,
edition of 1893, the following definition is found: “Lynch: To inflict
punishment upon, especially death, without the forms of law, as when a
mob captures and hangs a suspected person.” Lynch-law is defined in a
general way as “The act or practice by private persons of inflicting
punishment for crimes or offenses, without due process of law,” but this
note is added: “The term _Lynch law_ is said to be derived from a
Virginian named Lynch, who took the law into his own hands. But the
origin of the term is very doubtful.”[14]
There are two differences between the definitions formulated in the
forties and those formulated in the eighties and in recent years. In the
later definitions the operation of lynch-law is described as being much
more harsh and severe, and there is an expression of doubt as to the
origin of the term. In the earlier definitions death is not mentioned as
the ordinary penalty administered by lynch-law and the American origin
of the term is accepted without question. The doubt as to the origin
probably arose because of the number of stories which have appeared, all
claiming to account for its origin, and also because of the lack of any
careful investigation to determine the question authentically from
historical sources. The increased harshness expressed in the definitions
is, of course, due to the fact that the punishment inflicted under the
name of lynch-law has become more severe and inexorable. Lynching is now
practically synonymous with summary and illegal capital punishment at
the hands of a mob. In the following pages the history of this change
will be traced and the conditions noted which have led to the
continuance of the practice of lynching and given to it its increased
severity.
In the above citations to various definitions that have been given for
lynch-law it was noted that more than one origin has been claimed for
the term. An investigation into the circumstances surrounding its origin
will throw considerable light on the early history of lynch-law
procedure in the United States, and this question will therefore be
taken up in some detail.
CHAPTER II
ORIGIN OF THE TERM LYNCH-LAW
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