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
If it be said that “all law emanates from the people, and is, in fact,
whether written or not, nothing more or less than certain rules of
action by which a people agree to be governed,” then the frontier type
of lynch-law is scarcely more than one step removed from genuine law.
For instance, in the year 1834, a large number of persons, citizens of
the United States, but of no particular state or territory, and beyond
the pale of the regular operations of the law, were collected at a place
called _Dubuque’s mines_, west of the Mississippi, and north of the
State of Missouri. On May 29 of that year, Patrick O’Conner, who had the
reputation of being a desperate character, shot and killed George
O’Keefe. O’Conner “was arrested by mutual consent of all parties, and,
on the next day, was duly tried, by a jury of twelve citizens, taken
from the multitude. Privilege was given to the prisoner to object to all
such as he chose not to be tried by, and he made no objections to the
mode of trial. He was allowed the privilege of choosing a friend to
counsel with him, and assist in conducting the trial.”
After hearing the testimony of the witnesses that were called, the jury
retired, and “after a session of about two hours,” returned the
following verdict: “We, the jury selected to try Patrick O’Conner, for
the murder of George O’Keefe, on the 29th inst. after examining the
witnesses on oath, and attentively hearing and considering the testimony
against the prisoner, do unanimously agree that the said O’Conner is
guilty of murder in the highest degree, and are of opinion that the said
O’Conner has done an act which, in a land of laws, would forfeit his
life. And inasmuch as the security of the lives of the good citizens of
this country requires that an example should be made, to preserve order
and convince evil disposed persons that this is not a place where the
lives of men may be taken with impunity—we are of opinion that the said
O’Conner should be carefully secured until the 20th day of June, and
that, at the hour of 12 o’clock, of said day, the said Patrick O’Conner
be conducted to the place of execution, and there be hung by the neck
until he is dead.” This verdict was signed by the twelve members of the
jury.
Public-domain text, read in full here on John Shaqi.
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