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
Cowper justice is defined by Jamieson to mean “trying a man after
execution; the same with Jeddart, or Jedburgh justice,” and the latter
he defines as “a legal trial after the infliction of punishment.”
Jeddart justice refers to Jedburgh, a Scotch border town, where many of
the border raiders are said to have been hanged without the formality of
a trial. It is said that “in mockery of justice, assizes were held upon
them after that they had suffered.”[11]
All of these expressions, however, were entirely provincial. They were
merely different names used to characterize the methods employed in
various parts of England and Scotland for executing popular justice.
These practices differ from the administration of lynch-law in not
dispensing with all regular proceedings. Further, as will appear later,
the death penalty was not at first inflicted under lynch-law;
originally, lynching was synonymous with whipping. It is impossible,
therefore, to trace lynch-law back to these mediæval practices and find
in them any explanation for the existence of the practice of lynching in
the United States.
A general idea of the history of lynch-law in the United States is
obtained by noting the definitions of the term that have appeared from
time to time in the dictionaries. Brande’s Dictionary of Science,
Literature, and Art (1842)[12] contains the following: “Lynch Law. The
irregular and revengeful species of justice administered by the populace
in some parts of the United States is said to have been so called from a
Virginian farmer of the name of Lynch, who took the law into his hands
on some occasion, by chasing a thief, tying him to a tree, and flogging
him with his own hands.” A “University Edition” of Webster’s Dictionary
(1845) defines “Lynch-law” as “The practice of punishing men for crime
by private, unauthorized persons, without a legal trial”; and gives the
verb lynch meaning “to inflict punishment without the forms of law, as
by a mob.” Worcester’s Dictionary (1846) has “Lynch-law. An irregular
and revengeful species of justice, administered by the populace or a
mob, without any legal authority or trial. Brande.” For the verb lynch
the meaning is given, “To condemn and execute in obedience to the decree
of a multitude or mob, without a legal trial; sometimes practiced in the
new settlements in the southwest part of the United States. Qu. Rev.” In
Webster’s Dictionary (1848) “Lynch-law” is defined as “The practice of
punishing men for crimes or offenses by private, unauthorized persons,
without a legal trial. The term is said to be derived from a Virginia
farmer, named Lynch, who thus took the law into his own hands. (U.
S.)”[13]
Public-domain text, read in full here on John Shaqi.
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