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 majority of those lynched in these three years, as given by the
Times, were forcibly taken from the custody of officers of the law. In
some instances, the jails were broken into, and the prisoners were taken
out and hanged or were killed in the jail; in other instances, the
prisoners were taken from the officers and put to death before they
could be taken to the jail. Some of the lynchings were carried on by
vigilance societies, others by mobs of masked persons or by “Ku-Kluxes.”
With two exceptions, nothing is said in the reports of these lynchings
about any attempts to take legal action against the lynchers. In the two
instances where attempts were made to prosecute the lynchers, it does
not appear that there was any measure of success.
It thus appears that lynch-law was in operation in nearly every part of
the United States during the years immediately following the close of
the Civil War, and that the ordinary penalty inflicted was death. It
was, however, the application of lynch-law under the anomalous
conditions in the South that rendered the reconstruction period a
distinctive period in the history of lynch-law. The reconstruction of
the Southern States has been rightly characterized as “one of the worst
periods of misgovernment and maladministration in the history of any
civilized community.”[203] The emancipation of the slaves and the
reconstruction policy carried out by the political leaders in Congress
not only brought about a changed relation between the two races, but
made negro domination a real evil and an imminent danger. The Southern
planters considered themselves justified in resorting to summary
measures as a means of protecting their property and their families.
Both the social and the political conditions in the South were such as
to give a distinctively new impulse to the lynching spirit.[204]
It is true that the extreme measures taken under Ku-Klux disguises never
received the approval of the mass of the Southern people, but, on the
other hand, few determined efforts were made by the civil authorities in
the Southern States to bring Ku-Klux offenders to justice. The outrage
upon freedmen, persons of Northern origin and Southerners accused of
favoring the reconstruction acts of Congress, were not stopped until
after Congress had passed the so-called “force bill” in 1871. By this
measure the jurisdiction of the Federal courts was extended to Ku-Klux
cases, and the President was authorized to suspend the writ of _habeas
corpus_ when necessary to preserve order. The Federal troops were not
entirely withdrawn from the South until 1877.
Public-domain text, read in full here on John Shaqi.
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