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
Committees of Vigilance were formed elsewhere than in the city of San
Francisco, however. Many places in California during the early history
of the State had similar committees, though outside of San Francisco
they were usually organized only temporarily to deal with particular
cases. Similar “Popular Tribunals” existed in Utah, Nevada, Oregon,
Washington, Idaho, Montana, Arizona, New Mexico, and Colorado during the
early period of their settlement. Bancroft says at the close of his
first volume on Popular Tribunals: “I have given in this volume many
examples of Popular Tribunals, but the half has not been told. It is
safe to say that thus far in the history of these Pacific States far
more has been done toward righting wrongs and administering justice
outside the pale of law than within it.”
Further evidence of the prevalence of lynch-law during the colonization
of the territory west of the Mississippi River is furnished by an
editorial in the New York Times of March 19, 1864, written under the
title “Judge Lynch.” The opening sentences are as follows: “Our
fellow-citizens in the far West, in the mineral territories bordering
upon the Rocky Mountains, and in those on the other side of the
mountains, are holding Lynch courts in extraordinary number, and
carrying out the decrees of that ferocious judge with unprecedented
energy. Our latest files from the distant regions of Idaho, Nevada,
Utah, &c., contain accounts of executions in numbers that we think were
never equalled even in the early days of California settlement, nor in
any part of the West.” Then follows a recital of various instances,
twenty or more robbers and murderers hung in Idaho Territory, four
murderers hung by a “Citizens Association” in the Territory of Nevada,
&c. It is stated that on Thursday of that week bills were passed in
Congress enabling Nevada and two other Territories to form constitutions
preparatory to their admission to the Union as States. As a condition to
their admission an irrevocable ordinance was provided prohibiting
slavery, and the writer of the editorial remarks, “we think lynching
might have been added.”
Lynch-law prevailed to a large extent, also, during the border troubles
attending the outbreak of the Civil War. Particularly was this the case
in Kansas where, along with the guerrilla warfare that went on for a
number of years, many instances of summary procedure occurred that may
be properly classified under lynch-law. A correspondent of the New York
Tribune in Lawrence, K. T., wrote on May 30, 1858: “There is a very
general disposition to pass over the helplessly useless forms of
Territorial law and corrupt Federal courts, and try these parties
(_i.e._, horse-thieves) by Lynch law.”[194]
Public-domain text, read in full here on John Shaqi.
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