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
Perhaps the present situation with reference to remedial legislation on
the subject of lynching can be summed up in these few words:
Comparatively few States have enacted laws defining and punishing
lynching, or have enacted any statutes the specific purpose of which is
to prevent lynching. Where such statutes exist very few attempts have
been made to enforce them, and the validity of some is still in doubt.
From the supreme court decisions in South Carolina and Ohio it would
seem that the courts are likely to uphold statutes giving recovery of
damages from counties in cases of lynching. The constitutionality of
statutes fixing upon sheriffs the penalty of removal from office for
failure to protect prisoners is open to considerable doubt, however, and
no such measure has yet been enforced. In both South Carolina and
Alabama provision has been made in the body of the constitution for the
removal of a sheriff from office under such circumstances, but neglect,
connivance, or other grave fault must be proved against the sheriff.
As to the effect that this remedial legislation has had on the practice
of lynching, opinions may differ, but it is difficult to point out in
what way these laws have brought about a decrease in the number of
lynchings.[309] It is true that not nearly so many lynchings occurred in
the years 1901, 1902, 1903, as occurred in the years 1891, 1892, 1893,
but it is also true that a marked decline in the number of lynchings per
year began several years before the greater number of the anti-lynching
laws were enacted. It is likewise true that the number of lynchings per
year, in States other than those possessing anti-lynching statutes has
declined in recent years. The truth would seem to be, therefore, if it
be assumed that the number of crimes or offenses which occasion
lynchings has been fairly uniform from year to year, that the same
causes which led to the enactment of the laws also brought about the
decline in the number of lynchings, namely, public discussion and
condemnation of the practice of lynching, a stronger public sentiment
against it, a deeper realization of the seriousness of the lynching
problem in the United States.
Public-domain text, read in full here on John Shaqi.
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