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
Laws of Kansas, 1903, Chapter 407. This act was approved March 10,
1903.
Footnote 298:
Laws of Kansas, 1903, Chapter 221. This act was approved March 11,
1903.
Footnote 299:
As early as the year 1796, this measure was suggested as a means of
preventing the administration of popular justice by extra-legal
methods. In that year Governor St. Clair, in a report to the Secretary
of State concerning “Official Proceedings in the Illinois Country,”
after describing an affair in which some Indians were summarily put to
death, the circumstances of which he characterized as “not only not
blameable but laudable,” continued in these words: “I am sorry
however, to add that, had the affair been ever so criminal in its
nature, it would have been, I believe, impossible to have brought the
actors to punishment. The difficulties that have occurred in cases of
that nature in various parts of the United States, as well as in this
Territory, and the stain it fixes on the national character, 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
citizens, and it has occurred to me that, were a pretty heavy
pecuniary fine to be set upon the murder of an Indian, and a
proportional one for lesser injuries, to be levied upon the counties
where the offense was committed if the offenders were not brought to
justice, it would probably have the effect, for it is often seen that
the minds of men little tinctured with justice or humanity, have a
pretty strong sympathy with their pockets, and I believe it to be a
subject within the province of the general legislature.”—The St. Clair
Papers (1882), Vol. II, p. 397.
Footnote 300:
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 States, inclosing in
each letter a self-addressed and stamped envelope for reply:
1. What anti-lynching laws have been enacted in your State since 1890?
(Please give citation to statutes.) If there are no anti-lynching laws
in your State, mention any attempts that have been made to enact such
laws.
2. Have any cases been tried under any of such laws or any attempts
been made to that effect, and what has been the record and the outcome
in each case?
3. Are such laws effective in any respect?
Twenty-four replies were received to the thirty-three letters sent,
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 States, with one
exception, in which the greater number of lynchings have occurred. The
exception is scarcely worth noting, however, because it was a reply
which was very tardy and very non-committal.
Footnote 301:
See p. 234.
Public-domain text, read in full here on John Shaqi.
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