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
In several respects there is a resemblance between the means which were
employed by the early settlers for protection against Indian depredators
and the methods which have been adopted in more recent years for the
punishment of public offenders. In their purpose, in their organization,
and in their summary infliction of the death penalty, the Rangers were
not unlike the vigilance committees which have been closely identified
with the later operation of the frontier type of lynch-law. In breaking
open jails, and, as in Lancaster, Pennsylvania, in massacring inmates
against whom there was a strong popular resentment, or, as in
Portsmouth, New Hampshire, in liberating prisoners whose criminal
conduct was generally justified in the community, there appear some of
the distinctive features which have marked the later operation of
lynch-law in well settled communities. It is also probably true that the
antagonistic relations which existed between the whites and the Indians
during the early history of this country directly encouraged a popular
disregard of all legal procedure on the part of the whites when dealing
with Indians. But the use of summary measures against Indians and the
attendant occurrences can scarcely be said to mark the beginning of the
operation of lynch-law in America. The meaning which was at first
attached to the term Lynch’s law and the nature of the practice which
first came to be known by that name preclude such a beginning for the
practice. Lynch’s law originally corresponded much more closely to what
was known as “regulating,” a practice which was early adopted not only
where the frontier type of society existed, but also where there was the
stable and better organized form of society characteristic of older
communities.
The following appeared in the New York Gazette of December 18, 1752: “We
hear from _Elizabeth-Town_, that an odd Sect of People have lately
appeared there, who go under the Denomination of _Regulars_: there are
near a Dozen of them, who dress themselves in Women’s Cloaths, and
painting their Faces, go in the Evening to the Houses of such as are
reported to have beat their Wives: where one of them entering in first,
seizes the Delinquent, whilst the rest follow, strip him, turn up his
Posteriors and flog him with Rods most severely, crying out all the
Time, _Wo to the Men that beat their Wives_:—It seems that several
Persons in that Borough, (and ’tis said some very deservedly) have
undergone the Discipline, to the no small Terror of others, who are in
any Way conscious of deserving the same Punishment. ’Twere to be wish’d,
that in order for the more equal Distribution of Justice, there wou’d
arise another Sect, under the Title of _Regulatrixes_ who should dress
themselves in Mens Cloathes, and flagilate the Posteriors of the Scolds,
Termagants, &c., &c.”[72]
Public-domain text, read in full here on John Shaqi.
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