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
It thus appears that the summary and extra-legal methods of punishment
adopted during colonial times, and the summary practices of the time of
the Revolution, were carried by the emigrants from the original colonies
as they pushed the line of the frontier further and further to the
westward. Frequent occasion was found on the frontier for the use of
such methods and practices to curb the activity of the lawless and the
vicious. When the legislature of Virginia authoritatively declared that
circumstances may arise under which measures, though not strictly
warranted by law, are justifiable from the imminence of the danger, it
gave expression to a principle which found ready acceptance among the
early settlers exposed to the dangers and vicissitudes of frontier life.
Though the statement of the principle by the legislature of Virginia may
not have been known, and probably was not known, to very many of those
who took an active part in the subsequent history of lynch-law,
nevertheless the principle itself was a matter of common knowledge, for
it was in the air, as it were, and it was repeatedly embodied in action.
In reality, the subsequent history of lynch-law is but the working out
of this principle under varying conditions.
CHAPTER IV
LYNCH-LAW 1830–1860
With the exception of the summary practices characteristic of
Revolutionary times, the lynch-law procedure that prevailed prior to
1830 was largely of the frontier type. Even in Revolutionary times,
however, when war and political controversies had brought about a state
of social disruption leading to the adoption of lynch-law procedure in
well settled communities, many of the instances of such procedure might
properly be classified under the frontier type. In remote parts of many
of the colonies the civil regulations had never been sufficiently
established to insure the punishment of public offenders, and recourse
was had to summary and extra-legal methods on the ground that there was
a lack of courts and other requisites for legal procedure. The
Regulation movement in the Carolinas, though stimulated by political
dissension, had its basis and origin in frontier conditions; and it is
obvious that lynch-law operated under frontier conditions in the
rough-and-ready methods of administering justice which were adopted by
the pioneers who moved westward over the Alleghanies into the valley of
the Mississippi. Before about the year 1830, then, lynch-law was
confined almost entirely to the border settlements, and was generally
excused and justified on the ground of necessity. It was not regarded as
a serious menace to law and order. It was adopted merely as a temporary
expedient which was expected to fall into disuse when the civil
government and the judiciary became firmly established.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account