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
“A respect for law and order is as conspicuous in general
circumstances in the greater part of the United States as it is in
England. This much may be said without prejudice to the fact, that
very strange things occasionally come to pass, particularly in the
south and west, in violation of the regular course of justice.... It
is doubtless the perfunctoriness in the administration of justice
which at times arouses the indignation of the public and causes them
to have recourse to what is called Lynch Law, in which respect
American society, in the more newly settled parts of the country, may
be said to be at the stage of the rough populace of Edinburgh when
they interrupted the ordinary course of justice, and laid violent
hands on Captain Porteous. It is thus interesting to note how long it
is before a people acquire the habit of implicit submission to the
maxims of law—the time, of course, being proportioned according as the
administrators of that law are in themselves unworthy of respect. The
ancient venality of judges and juries in Scotland, now the theme of
romance, would appear to be still matched on the banks of the
Mississippi, and sometimes, as popular feeling inclines, it leads to
similar results.... Objectionable and dangerous as lynching may be
considered in the abstract there can be little doubt of its propriety
practically in certain conditions of American society. When judges and
courts are leagued with desperadoes, or when peculiar difficulties
stand in the way of a prompt administration of justice, the public, in
self-defense, feel impelled to interfere. At the settlement of
California, and before society had time to establish regular
tribunals, or to give due efficacy to the law, life and property would
not have been safe for a moment, unless a Vigilance Committee had
charged itself with the duty of lynching. Even when, in such newly
opened territories, judges are appointed, only a small advance is made
towards a vigorous legal administration. Of American judges it needs
to be recollected that their position is often not such as to command
respect. A judge of the supreme courts in England is a being aloof in
every respect from the people, and he scrupulously abstains from
interference personally in matters which might by possibility come
before him in his judicial capacity. An American judge, on the other
hand, is not dissevered from the ordinary action of society; and if he
looks forward to a governorship, or some other high function, he
requires to cultivate a certain popularity.”
Public-domain text, read in full here on John Shaqi.
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