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
The movement for independence had from the first a great many opponents
in the mountainous sections of Virginia, and there was a considerable
number of Tories in Bedford County, where Charles Lynch lived.[40] The
unsettled condition of affairs also led many desperadoes to resort to
this section of Virginia. Both Tories and desperadoes harassed the
Continentals and plundered their property with impunity.[41] The prices
paid by both armies for horses made horse-stealing a lucrative practice,
and the inefficiency of the judiciary made punishment practically out of
the question. The county courts were merely examining courts in all such
cases, and the single court for the final trial of felonies sat at
Williamsburg, more than two hundred miles away. To take the prisoners
thither, and the witnesses necessary to convict them, was next to
impossible. Frequently the officers in charge of prisoners would be
attacked by outlaws and forced to release their men, or be captured by
British troops and themselves made prisoners.
It was under these circumstances that Colonel Lynch conferred with some
of his neighbors as to what was best to be done. After deliberation they
decided to take matters into their own hands, to punish lawlessness of
every kind, and so far as possible restore peace and security to their
community. For the purpose of attaining these ends they formed an
organization with Mr. Lynch at the head. Under his direction suspected
persons were arrested and brought to his house, where they were tried by
a court composed of himself, as presiding justice, and his three
neighbors, William Preston, Robert Adams, Jr., and James Callaway,
sitting as associate justices.
The practice of this court was to have the accused brought face to face
with his accusers, permit him to hear the testimony against himself, and
to allow him to defend himself by calling witnesses in his behalf and by
showing mitigating and extenuating circumstances. If acquitted, he was
allowed to go, “often with apologies and reparation.” If convicted, he
was sentenced to receive thirty-nine lashes on the bare back, and if he
did not then shout “Liberty Forever,” to be hanged up by the thumbs
until he did so. The execution of the sentence took place immediately
upon conviction. The condemned was tied to a large walnut tree standing
in Mr. Lynch’s yard and the stripes inflicted—with such vigor, it is
said, that even the stoutest hearted Tory shouted for “Liberty” without
necessitating a resort to further punishment.[42]
Public-domain text, read in full here on John Shaqi.
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