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
The author of a book published in London in 1837 wrote: “The Lynch-law,
is not, properly speaking, an opposition to the established laws of the
country, or, is at least, not contemplated as such by its adherents; but
rather as a supplement to them,—a species of _common_ law, which is as
old as the country, and which, whatever may be the notion of ‘the
_learned_ in the law,’ has nevertheless been productive of some of the
happiest results.”[168]
In 1839, F. Marryat wrote: “The Lynch law of the present day, as
practiced in the States of the West and South, may be divided into two
different heads: the first is, the administration of it in cases in
which the laws of the States are considered by the majority as not
having awarded a punishment adequate, in their opinion, to the offence
committed; and the other, when from excitement the majority will not
wait for the law to act, but inflict the punishment with their own
hands.”[169]
Occasionally innocent persons suffered the violence of lynching
mobs,[170] and sometimes damages were secured through the courts for
having suffered lynch-law. Cases of this nature were not uncommon in the
early history of the operation of lynch-law in Virginia,[171] and in the
later thirties similar suits were instituted in the courts. On September
4, 1835, certain inhabitants of Brownsville, Tennessee, constituted
themselves a lynch court for the trial of Anson Moody, suspected of
being a kidnapper, or slave stealer. They seized him in the dead of
night, tried him, convicted him, and then proceeded to punishment by
inflicting one hundred lashes with a “cowskin,” branding him on the
cheek with the letter R and commanding him to leave the country. A jury
in the Circuit Court of the United States for the District of West
Tennessee gave him a verdict of $2,000 and costs against five of the
members of the Lynch court.[172]
In Yazoo, Mississippi, a Mr. Harris, for some real or supposed offense,
was “severely lynched” by H. W. Dunn, C. W. Bain, and others. He
prosecuted those two individuals for the outrage, and the case was tried
in the circuit court of Yazoo County. The jury returned a verdict for
the plaintiff of $20,000.[173]
Two young men in Fayette County, Tennessee, were sentenced to three
months’ imprisonment and to pay a fine of $50 each for assisting to ride
John T. Foster on a rail. The said Foster died in consequence of the
injuries he received during the outrage.[174]
Sherman Thompson and Samuel Thompson, of Meriden, Connecticut, were
sentenced to pay a fine of $20 each and to suffer imprisonment in the
common jail for the term of six months for having participated in an
outrage upon the Rev. Mr. Ludlow in October, 1837.[175]
Public-domain text, read in full here on John Shaqi.
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