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
II. BE IT THEREFORE ENACTED, That the said William Preston, Robert
Adams, junior, James Callaway and Charles Lynch, and all other persons
whatsoever, concerned in suppressing the said conspiracy, or in
advising, issuing, or executing any orders, or measures taken for that
purpose, stand indemnified and exonerated of and from all pains,
penalties, prosecutions, actions, suits, and damages, on account
thereof. And that if any indictment, prosecution, action, or suit,
shall be laid or brought against them, or any of them, for any act or
thing done therein, the defendant, or defendants may plead in bar, or
the general issue, and give this act in evidence.”[44]
“The proceedings in Bedford, which the legislature thus pronounced to be
illegal, but justifiable, were imitated in other parts of the State, and
came to be known by the name of Lynch’s Law. In justice to Colonel
Lynch, it should be remembered that his action was taken at a time when
the State was in the throes of a hostile invasion. The General Court,
before which the conspirators should have been tried, was temporarily
dispersed. Thomas Jefferson, then the governor of the State, was proving
himself peculiarly incompetent to fill the position. The whole executive
department was in a state of partial paralysis. It was, therefore, no
spirit of insubordination or disregard of the law that induced Lynch to
act as he did. There were few men living more inclined than this simple
Quaker farmer to render due respect in word and deed to the established
authorities.”[45]
The old walnut tree on which lynch-law is said to have been first
administered was still standing, in 1900,[46] on the lawn of the Lynch
homestead, two miles from the village of Lynch Station on the Southern
Railway. A part of it was dead but the rest was still vigorous and bore
its annual crop of nuts. The death penalty, however, was never inflicted
under its shadow. Some say that the Quaker proclivities of “Judge
Lynch”[47] prevented him from passing sentence of death; others say that
it was due to his native sense of humanity. Mr. Page presents some
evidence showing that “both custom and sentiment were violently opposed
to visiting capital punishment upon the detected Tory conspirators.”[48]
Public-domain text, read in full here on John Shaqi.
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