Lynch-law; an investigation into the history of lynching in the United States — John Shaqi
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
excitement or when some peculiarly atrocious crime has been perpetrated.
They in no way invalidate the assertion that the practice of lynching is
peculiarly an American institution.
Historically some parallels may be cited showing the execution of
summary justice under frontier conditions in other countries. In
Brande’s Dictionary of Science, Literature, and Art, published in 1842,
it was stated that “lynch law may be called a democratic imitation of
the old feudal _Vehmgerichte_.” Reference was there made to the
“irregular and revengeful species of justice administered by the
populace in some parts of the United States,” evidently meaning the
operation of lynch-law on the western frontier at that time. Lynch-law
in the United States has never been administered by an organization so
perfect and extensive as that of the Vehmic courts.[6] The feudal
conditions have been lacking which made that organization possible. It
is only in its _raison d’être_ that the frontier type of lynch-law may
be compared to the Vehmic courts. The early settlers in this country
felt themselves compelled to resort to summary proceedings as a means of
protection; the civil government was not sufficiently organized and
established to insure the punishment of violators of the public peace
and security. In the fourteenth and fifteenth centuries utter
lawlessness and disregard of authority was prevailing in Germany, and
for a time the Vehmic courts afforded some protection against the
outrages of the princes and nobles. With the increasing strength of the
regular governments, however, the need of special protection diminished
and these tribunals gradually disappeared. Like the Vehmic courts, with
the establishment of the judiciary and a more effective execution of the
laws by the officials, the administration of lynch-law in the western
half of the United States has declined.
The tendency, it may be noted, for societies secretly organized for the
arbitrary punishment of offenders to pass into the control of the
persons against whom they were originally directed, is to be seen not
only in the history of the Vehmic courts but also in the history of the
Ku-Klux Klan and numerous vigilance societies in the United States. The
proceedings of such societies necessarily awaken distrust and fear among
the more quiet in the community, while the rogues, whose characters are
not yet known, hasten to obtain admittance, both as a shield against
enemies and a cloak to cover their own misdeeds. Soon their vindictive
actions and their rascalities excite the indignation of the community; a
counterparty of “moderators” must be formed to check the “regulators”;
then begins a deadly struggle for supremacy. Such, in brief, is the
abuse of lynch-law on the frontier. The tyranny of the Vehmic courts
becomes the taking of private vengeance, the feud and the _vendetta_,
under lynch-law.
Public-domain text, read in full here on John Shaqi.
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