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 letter may be regarded, upon the whole, as an impartial account of
the Regulation movement in South Carolina.[90] It exhibits the character
of those who were taking the lead in the matter, and indicates the
objects which they proposed to accomplish. It also indicates that their
usual procedure was to whip and banish all persons whom they considered
inimical to the interests of the community. In this respect the
Regulation movement in South Carolina closely resembled the Regulation
movement in North Carolina. It may be said, therefore, that lynch-law
was in operation at this time in the Carolinas, though not known by that
name. The practice of administering corporal punishment for reformatory
or corrective purposes, the practice of “regulating” public offenders
and public grievances, is the essence of lynch-law procedure.
As events shaped themselves for the outbreak of the Revolution in 1775,
conditions became such as to encourage the frequent use of summary
methods of redressing grievances in all of the colonies. The increasing
dissatisfaction among the colonists with the way they were being
governed by the mother country, the obnoxious Stamp Act and other
measures which they thought to be unjustly imposed upon them, rendered
recourse to summary procedure not only easy but popularly
justifiable.[91] It was a time of excitement when neighbor looked upon
neighbor with suspicion and the slightest offense was deemed worthy of
severe punishment. Social conditions were unsettled; the civil
authorities were fast losing the respect and support of the people in
the community; threats and taunts, satire and insult, were
prevalent.[92] Under such conditions it is not strange that summary
procedure came to be in vogue from Maine to Georgia.
Furthermore, during the entire period of the Revolutionary War not only
were the usual unsettled conditions incident to a war prevailing, but,
in addition, there was disaffection and disagreement among the colonists
themselves. Almost every community had its Tories who frequently sought,
openly or secretly, to further the Royal cause and injure the American
cause. In return, the American sympathizers often adopted retaliatory
measures against the Tories. In such cases it was hopeless to appeal to
the civil or the judicial powers for they were badly disorganized. Not
infrequently conditions were such as to preclude action under martial
law, and thus the only recourse possible was the popular administration
of justice in the form of summary procedure of one sort or another.
Public-domain text, read in full here on John Shaqi.
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