The Atlantic Monthly, Volume 09, No. 54, April, 1862: A Magazine of Literature, Art, and PoliticsVarious
Philosophy
The Atlantic Monthly, Volume 09, No. 54, April, 1862: A Magazine of Literature, Art, and Politics
Various
American periodicals
The condition of Virginia for the period immediately preceding the
Revolution was one which well merits the consideration of political
philosophers. For many years the extent of the territory of the Old
Dominion was undecided, no lines being fixed between that State and Ohio
and Pennsylvania. Virginia claimed a large part of both these States
as hers; and, indeed, there seems to be in that State an hereditary
unconsciousness of the limits of her dominion. The question of
jurisdiction superseded every other for the time, and the formal
administration of the law itself ceased. There is a period lasting
through a whole generation in which society in the western part of the
State went on without courts or authorities. There was no court but of
public opinion, no administration but of the mob. Judges were ermined
and juries impanelled by the community when occasion demanded.
Kercheval, who grew from that vicinity and state of things, and whose
authority is excellent, says,--"They had no civil, military, or
ecclesiastical laws,--at least, none were enforced; yet we look in vain
for any period, before or since, when property, life, and morals were
any better protected." A statement worth pondering by those who tell
us that man is nought, government all. The tongue-lynchings and other
punishments inflicted by the community upon evil-doers were adapted to
the reformation of the culprit or his banishment from the community. The
punishment for idleness, lying, dishonesty, and ill-fame generally, was
that of "hating the offender out," as they expressed it. This was about
equivalent to the [Greek: atimia] among the Greeks. It was a public
expression, in various ways, of the general indignation against any
transgressor, and commonly resulted either in the profound repentance or
the voluntary exile of the person against whom it was directed: it was
generally the fixing of any epithet which was proclaimed by each tongue
when the sinner appeared,--_e.g.,_ Foultongue, Lawrence, Snakefang.
The name of Extra-Billy Smith is a quite recent case of this
"tongue-lynching." It was in these days of no laws, however, that the
practice of duelling was imported into Virginia. With this exception,
the State can trace no evil results to the period when society was
resolved into its simplest elements. Indeed, it was at this time
that there began to appear there signs of a sturdy and noble race of
Americanized Englishmen. The average size of the European Englishman was
surpassed. A woman was equal to an Indian. A young Virginian one day
killed a buffalo on the Alleghany Mountains, stretched its skin over
ribs of wood, and on the boat so made sailed the full length of the Ohio
and Mississippi Rivers. But this development was checked by the influx
of "English gentry," who brought laws and fashions from London. The old
books are full of the conflicts which these fastidious gentlemen and
ladies had with the rude pioneer customs and laws. The fine ladies found
Public-domain text, read in full here on John Shaqi.
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