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
As this agreement indicates, this organization was primarily for the
purpose of “regulating public grievances and abuses of power,” not for
the purpose of bringing to justice public offenders beyond the reach of
law, such as horse thieves and desperadoes. Their methods of procedure,
however, closely resembled those that have been adopted by other bands
of Regulators for the purpose of meting out justice to frontier
criminals. Their favorite method seems to have been to administer
whippings. In an intercepted letter from Rednap Howell to James Hunter,
both leading Regulators, the following passage occurs: “I give out here
that the Regulators are determined to whip every one who goes to law, or
will not pay his just debts, or will not agree to leave his cause to
men, where disputed. That they will choose representatives, but not send
them to be put in jail. In short, to stand in defence; and as to
thieves, to drive them out of the country.”[77] From time to time,
however, serious disturbances and riots occurred. In September, 1770,
about 150 Regulators attacked the superior court which was in session at
Hillsboro, severely whipped several men who had incurred their enmity,
and destroyed considerable property. New laws were hurriedly enacted by
the legislature and the leaders of the riots were arrested, but the
Regulators were not easily subdued or conciliated. In 1771 Governor
Tryon called out the militia, and a battle took place between the
Regulators and the militia, in which the Regulators were utterly
defeated and their organization broken up. Each side, however, had
several men killed and many wounded.
A similar attempt at “regulating” was made in South Carolina at about
the same time.[78] The “Back Country,” as it was called, had become
infested with robbers and brigands. Prior to the year 1769 the only
court of criminal and civil jurisdiction in the Province—except the
courts of Justices of the Peace, which had jurisdiction in civil causes
as high as twenty pounds current money—“was holden in Charlestown.” This
gave practical immunity from punishment to those who were lawlessly
inclined in the distant parts of the Province. As early as the year
1752, the inhabitants along the Pedee River near the mouth of Lynche’s
Creek petitioned the Upper House of Assembly for the creation of a new
county in which twelve or more Justices should be appointed who should
have a general jurisdiction over both civil and criminal causes. This
and other petitions which were presented in the following years from
different parts of the Province received scant attention on the part of
the Provincial Government. For several years the Government did not seem
to comprehend the real nature of the evils, or the remedies necessary to
be applied. Consequently, there was a very decided opposition between
the Regulators and the Government.
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