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
This account given by Howe cannot be considered as wholly independent of
the influence of Wirt. In his “Historical Collections of Virginia,” Howe
quotes from Wirt’s book in substantiation of his statement that the
“practice of Lynching continued years after the war.” On the other hand,
however, the fact that he repeated his assertions in regard to the
origin of “Lynch Law” in emphatic terms in his later book, and therewith
described the operation of “Lynch Law” in the west, is strong evidence
that he had other sources of information than Wirt’s book on the
matter.[54]
An account, entirely independent of any influence from either Wirt or
Howe, is found in “Colonel William Martin’s Narrative of Frontier Life,”
prepared about 1842 for Dr. Lyman C. Draper and now in the Draper MS.
Collections in the Wisconsin State Historical Society Library. It is as
follows:
“In those times there were a great many bad men settled along the
frontiers who by their thefts annoyed the country greatly. Insomuch
that the people entered into combinations to suppress them and formed
companies called regulators. They formed in military style, with
officers, etc.
“They also organized a court and appointed some three or four of their
aged, discreet men judges to try criminal causes, award punishment,
etc. The company would bring up suspected fellows and the court would
try them. But they seldom extended punishment beyond whipping and
driving them from the country, sometimes making them pay for property
stolen, when they had the means.
“This method of breaking up combinations of rogues was first set on
foot by Col. Charles Lynch, of Bedford county, Va., where I was
raised. He and my father were acquainted. (The same man for whom
Lynchburg was named.) This plan was started some seventy or eighty
years ago.[55]
“The measure seemed to be called for from the situation of the country
at the time. And it has been practiced more or less in the settling of
new countries from that time until within a few years past, since the
laws operate with more efficiency. The authorities generally connived
at it from the necessity of the case. And perhaps nowhere has it been
more common than in Tennessee. Lynch at first punished with
thirty-nine stripes, taking, as I suppose, Moses for his model. And
this was for a great while called Lynch’s law, meaning all unlawful
whipping. Any of the old men now in the South and West can tell the
meaning of Lynch’s law.
“Lynch, however, has been improved upon and more severe punishments
sometimes inflicted. I have given this feature of Western history from
the presumption that you may not have known it.”[56]
Public-domain text, read in full here on John Shaqi.
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