The Journal of Negro History, Volume 4, 1919Various
History
The Journal of Negro History, Volume 4, 1919
Various
African Americans -- Periodicals
Another fact which has been most difficult to explain has been the
continued lynchings of Negroes not merely for crimes against women,
but for all sorts of other crimes, large and small. Here the traces of
primitive law are very much clearer. Lynching is after all nothing
more nor less than the old self-help. The original notion was that the
individual should execute the law himself when he could, and that he
was entitled in case of crime to assistance from the community in the
execution of the law upon the offender. Murder, arson, rape and the
theft of cattle were the particular crimes for which self-help by the
individual and by the community in his assistance were authorized by
primitive law. The preliminaries and formularies were very definite,
but they do not look to us of the present day like procedure. It is
true, however, that there are very few lynchings in which these
formulas have not been unconsciously followed. There must be a hue and
cry and pursuit along the trail. The murderer must be immediately
pursued. The person against whom the crime is committed or his next of
kin must raise an immediate outcry, and they and the neighbors must
proceed at once in pursuit. If they caught the criminal within a
reasonable distance or within a reasonable time, they then were
endowed by primitive law with the right to execute justice upon him
themselves. Commonly the criminal was hanged (even for theft) when
caught in the act, but barbarous punishments were not uncommon. That
was legal procedure, provided the cry was raised, the pursuit
undertaken, and the criminal caught within a reasonable number of
hours or days as the case might be. The mob had the right to execute
the law, and it is not often that lynchings take place long periods
after the commission of the crime. Such for many centuries was the law
in Europe for whites. Self-help applied in particular to men of
different tribes or communities who were not of the same blood kin.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account