CHAPTER IV

LYNCH-LAW 1830–1860

With the exception of the summary practices characteristic of

Revolutionary times, the lynch-law procedure that prevailed prior to

1830 was largely of the frontier type. Even in Revolutionary times,

however, when war and political controversies had brought about a state

of social disruption leading to the adoption of lynch-law procedure in

well settled communities, many of the instances of such procedure might

properly be classified under the frontier type. In remote parts of many

of the colonies the civil regulations had never been sufficiently

established to insure the punishment of public offenders, and recourse

was had to summary and extra-legal methods on the ground that there was

a lack of courts and other requisites for legal procedure. The

Regulation movement in the Carolinas, though stimulated by political

dissension, had its basis and origin in frontier conditions; and it is

obvious that lynch-law operated under frontier conditions in the

rough-and-ready methods of administering justice which were adopted by

the pioneers who moved westward over the Alleghanies into the valley of

the Mississippi. Before about the year 1830, then, lynch-law was

confined almost entirely to the border settlements, and was generally

excused and justified on the ground of necessity. It was not regarded as

a serious menace to law and order. It was adopted merely as a temporary

expedient which was expected to fall into disuse when the civil

government and the judiciary became firmly established.

Soon after 1830 a change took place. The anti-slavery agitation was

accompanied by a revival of lynch-law, and the practice spread

throughout the country. Not only did lynch-law continue to be exercised

occasionally in the border settlements, but it was revived in

well-established communities for the purpose of putting down

abolitionism. The early thirties witnessed many acts of violence. The

following appeared in the Massachusetts Journal in the year 1831:

“Progress of Violence.—It ought to be observed that there never was a

time of peace in which violence was so common in this country as at this

period.... Citizens who feel offended take the law into their own hands

without ceremony.” Then follows a recital of thirteen cases of violence

which occurred within two or three months, including riots, duels,

insurrections of negroes, persecutions of abolitionists, &c.[135]

The following instances, selected with reference to the localities in

which they occurred, indicate the extent of territory over which

lynch-law practices prevailed at this time:

“Wilmington, N. C., Sept. 28.—Three ringleaders of the late diabolical

conspiracy were executed at Onslow Court House, on Friday evening last,

23d inst. by the people. There was a fourth, who escaped during the

tumult.”[136] The editor of the Liberator adds: “‘Executed by the

people’ doubtless means executed by a mob, on suspicion of guilt,

without investigation or trial.”

A Mr. Robinson was lashed on the bare back at Petersburg, Virginia, for

saying “that black men have, in the abstract, a right to their freedom.”

After the scourging he was told to leave Petersburg and never return or

he would be treated “worser.”[137]

In Georgia, a man, named John Lamb, was severely treated because he had

subscribed to the Liberator. “A mob of unprincipled vagabonds assembled

around his house and violently took him out and tarred and feathered

him. They then poured oil on his head and set fire to it. They next

carried him on a rail to the river and ducked him. And then they

returned with him to a post near Darraugh and Simms’ Tavern, and whipped

him.”[138]

The slave insurrection in Virginia under the leadership of Nat Turner

took place in August of the year 1831. The nature and extent of this

insurrection has been frequently misunderstood. On the one hand, it has

been represented as having been confined to a magisterial district; on

the other hand, its leader is said to have recruited his forces through

all Eastern Virginia and through North Carolina. Both of these views are

in a measure true.[139]

Nat was a negro endowed with a mind capable of high attainments. He was

a careful student of the Bible and a Baptist preacher. He read the

newspapers and every book within his reach, and he was an attentive

listener at discussions of the political and social questions of the

day. But his mind grappled with things beyond its reach. The example of

Toussaint L’Ouverture in the island of Hayti, and that of Gabriel

Prosser in Richmond in 1800, together with the speeches and writings of

abolitionists, inspired him to make an attempt to “call the attention of

the civilized world to the condition of his race.” He became a complete

fanatic and believed that the Lord had destined him to free his race.

The red tint of the autumn leaves was a sign of the blood which was to

be shed. The eclipse of the sun in February and its peculiar appearance

in August, 1831, were to him omens indicating that the time had come for

him to put his plans into operation.

For several years plans for insurrection had been maturing in Nat’s

mind, and by February, 1831, he had so far determined upon his scheme

that he related it to four of the most influential negroes of his

section. From that time every effort was made to enlist the co-operation

of other slaves, but with the greatest patience and prudence. He deemed

it possible to conquer the county of Southampton, march to the Dismal

Swamp, collecting the slaves as he went, and so gradually overcome the

State, as the Americans had the British in the Revolutionary War.

On the night of Sunday, August 21, Nat opened the insurrection. A

misunderstanding in regard to the date deprived him of a few of his

followers, but, at the head of a small party which increased in numbers

as it proceeded, he went from house to house murdering every white

person that could be found. It is characterized as a massacre “barbarous

beyond degree.” Depredations, murders, and the most revolting crimes

were committed in cold blood. Before the insurrection was put down about

sixty whites,—men, women and children,—were slaughtered. The condition

of affairs in Southampton for about ten days after the massacre is best

described by a committee of citizens in a letter to President Jackson,

on the 29th of August, of which the following is an extract: “Most of

the havoc has been confined to a limited section of our county, but so

inhuman has been the butchery, so indiscriminate the carnage, that the

tomahawk and scalping knife have now no horrors. Along the road traveled

by our rebellious blacks, comprising a distance of something like

twenty-seven miles, no white soul now lives to tell how fiendlike was

their purpose. In the bosom of almost every family this enemy still

exists. Our homes, those near the scenes of havoc, as well as others

more remote, have all been deserted and our families gathered together

and guarded at public places in the county; and, still further, the

excitement is so great that were the justices to pronounce a slave

innocent, we fear a mob would be the consequence.”[140]

Many of the rebellious slaves were shot on sight and some innocent

negroes suffered. Some prisoners taken near Cross Keys were shot by the

Murfreesboro troops and their heads were left for weeks stuck up on

poles as a warning to all who should undertake a similar plot. The

captain of the marines, as they marched through Vicksville on their way

home, bore upon his sword the head of a rebel. A negress who attempted

to kill a Mrs. Francis was dragged out, after she had been taken

prisoner, tied to an oak tree, and her body riddled with bullets. It is

said that some of the slaves suffered fearful torture, being burnt with

red-hot irons and their bodies being horribly mutilated, before death

came to their relief. Nat was persecuted with pin-pricks and soundly

whipped before he was put in jail to await his trial.

According to Drewry, however, although “much excitement and rashness had

prevailed in the pursuit and capture of the rebels, the cases of mercy

and humanity overshadow those of barbarity and leave the decision in

favor of the former.” Fifty-three of the sixty or seventy negroes

connected with the massacre were brought before the county court. Of

these seventeen were executed and twelve transported. The rest were

discharged, except the four free negroes who were sent on to the

Superior Court, three of whom were executed. Nat and his three

associate-leaders, Hark, Nelson, and Sam, were hung according to the

sentence of the court. “The bodies of those executed, with one

exception, were buried in a decent and becoming manner. That of Nat

Turner was delivered to the doctors, who skinned it and made grease of

the flesh.”

The execution of the plot was thus confined to a magisterial district of

three thousand inhabitants. Yet every effort had been made to rouse the

negroes of neighboring counties in Virginia and North Carolina. The

influence of the insurrection was wide-spread, extending to the North as

well as the South. The immediate result in many parts of the South was

the greatest excitement, alarm, and confusion. “Men went about in

groups, the militia drills were renewed, and the arms called in a few

months before, reissued.” Thomas Gray, who lived in Southampton, said:

“It is the first instance in our history of an open rebellion of the

slaves, and attended with such atrocious circumstances of cruelty and

destruction as could not fail to leave a deep impression, not only on

the minds of the community where the fearful tragedy was wrought, but

throughout every portion of our country in which this population is

found.” In the North the immediate effect was a more pronounced

conviction of the evils of slavery. In general, the effect of the

Southampton insurrection was to center public consideration on the slave

question.[141] Its influence was indirect, rather than direct, in

stimulating recourse to lynch-law in the country.

During the spring and summer of 1834 there was a great deal of rioting

in which Irishmen were principally concerned. Several riots occurred in

New York City and in Philadelphia between whites and blacks, which were

said to be due to the abolitionists having stirred up the blacks.[142]

The following appeared in the Boston Whig in October, 1834: “The history

of the proceedings of the past year furnishes examples of outrage and

violence altogether unprecedented in the annals of our country. It would

seem that the supremacy of the laws is to be no farther regarded than it

coincides with the caprices and prejudices of an infuriated and

misguided and ignorant populace.... Mobs, which now seem to be the order

of the day, are of recent origin among us.... Our newspapers now, with a

few honorable exceptions, encourage these outrages and barbarous

proceedings, and by the inflammatory articles in their columns, incite

to the commission of the most heinous crimes.”[143]

The expression “Lynch’s law” first appears in the Liberator in the issue

of September 27, 1834 (4: 153), in an extract from the Lancaster

(Pennsylvania) Journal. The passage quoted is as follows: “In our quiet

village of New Holland, we understand _Lynch’s law_ was carried into

execution last week, against a stranger who had given some offence to

the inhabitants. The man was taken from his domicile, tarred and

feathered in the true Yankee style, marched out of town and let run. We

have not heard the cause of this summary proceeding.”

Another extract from the Lancaster Journal reads as follows: “We have

heard of another case of an appeal to Lynch’s code. A celebrated

Philadelphia doctor, a disciple of the Tappan school, who could not find

room for the overflowings of his milk of human kindness in the city of

brotherly love, paid a visit to Columbia, in this county, a few days

since, prepared, it is said, to deliver a course of amalgamation

lectures. A barrel of tar was purchased, and a pillow well stuffed with

feathers procured for the occasion. A hint of these proceedings was

given to the learned Doctor’s friends, who did not keep the secret, and

the Doctor not wishing to be exhibited in the costume of a goose, took

wing in an eastern direction, and has not been heard of since.”[144]

The expression “Lynch’s law” first appears in Niles’ Register under the

date of October 5, 1833 (45: 87), in an extract from the St. Louis

Republican. The quotation is as follows: “‘Lynch’s Law.’ We have heard,

that capt. _Slick_ summoned his corps the other night, and obtained

possession of a man with whose misdeeds they had become familiar,

carried him to the prairie near town, and administered ‘Lynch’s Law’

upon him in fine style. He received about fifty lashes—and was ordered

to decamp. The offence consisted in cheating at the gaming table—whereof

he was over-fond.... Several very effective demonstrations have been

made upon the gamblers in and about town, and they have been obliged to

make themselves scarce. This is as it should be.”

Lynch-law proceedings were inaugurated against gamblers in Virginia

about a year later. Niles’ Register for October 4, 1834 (47: 66) says:

“Large nests of gamblers in Richmond and Norfolk were completely routed,

a short time ago, by summary processes—numerous bodies of young men

having taken the matter in charge. They broke into the gambling houses,

and destroyed all the apparatus and furniture—but farther than this,

committed no acts of violence. Some curious disclosures of the great

profits made by the knaves have been brought to light by these

proceedings.”

The most notorious case of an appeal to summary procedure against

gamblers occurred in July, 1835, at Vicksburg, Mississippi. Professional

gamblers had for years made Vicksburg their rendezvous and certain

sections of the city were almost wholly given over to them. Frequently,

in armed bodies, they disturbed the good order of public assemblages,

insulted citizens on the streets, and openly defied the civil

authorities. The laws were found ineffectual for their punishment; their

numbers and their crimes continually increased.[145] At a barbecue on

the Fourth of July one of these gamblers, named Cakler, became insolent

and created a disturbance. Later a meeting was held and an anti-gambling

society was organized. “It was determined to take him (Cakler) into the

woods and _Lynch_ him—which is a mode of punishment provided for such as

become obnoxious in a manner which the law cannot reach. He was

immediately carried out under a guard, attended by a crowd of

respectable citizens—tied to a tree, punished with stripes—tarred and

feathered; and ordered to leave town in forty-eight hours.” The

following morning public notice was given that all gamblers must leave

the town in twenty-four hours. That night another was “Lynched.” The

next morning the citizens understood that a noted gambler, named North,

had defied them, barricaded his house, and together with some of his

fellows had made preparations to stay in the town. The volunteers were

immediately assembled and, followed by a crowd of citizens, marched to

North’s residence and demanded an unconditional surrender. This was

refused. The house was then surrounded and an attempt made to force an

entrance. Just as the door was burst open, Dr. H. S. Bodley, a highly

respected citizen, was shot and instantly killed by the gamblers.

Greatly incensed at this, the crowd rushed into the building and dragged

out the inmates, one of whom had been seriously wounded, hurried them

without ceremony to the common gallows and hanged them. Five gamblers

were thus executed at this time and their bodies left suspended for

twenty-four hours.[146]

About the time of the Vicksburg affair suspicion was aroused in Madison

County, Mississippi, that the Murrell gang had organized the blacks for

an insurrection.[147] “Two individuals, by name Cotton and Saunders,

both of them steam doctors by profession,” were thought to be

prominently connected with the scheme. A “committee of investigation”

was appointed by a mass-meeting of the citizens and as a result of the

investigation the two “steam doctors” and three other white men were

hanged, and also several negroes, “some ten or fifteen,” without any

process at law.[148]

J. H. Ingraham, writing of conditions in Mississippi at about this time,

after describing a “chain gang” of negroes, uses the following language:

“In Natchez, negro criminals only are thus honored—a coat of tar and

feathers’ being applied to those white men who may require some kind of

discipline not provided by the courts of justice. This last summary

process of popular justice, or more properly excitement, termed ‘Lynch’s

law’, I believe, from its originator, is too much in vogue in this

state. In the resentment of public as well as private wrongs,

individuals have long been in the habit of forestalling and improving

upon the decisions of the courts, by taking the execution of the laws

into their own hands.... The want of a penitentiary has had a tendency

to keep this custom alive in this state longer than it would otherwise

have existed. When an individual is guilty of any offence, which renders

him amenable to the laws, he must either be acquitted altogether or

suffer death.”[149]

Lynch-law was also known in the eastern states at this time. Not only

were there mobs which dealt summarily with offenders, as in the year

1831, but their proceedings were known by a different name. It was now

no longer simply “mobs” and “mobocracy,” but “Lynch’s law,” and “Judge

Lynch’s court” as well. The Boston Daily Advertiser in July, 1835, gave

expression to the following, under the heading “Lynch’s Law”: “We have

had occasion of late to advert to the use of this term in our paper, as

indicating punishments, wantonly and in disregard of law, applied in

certain portions of our country to individuals suspected or guilty of

crime.”[150] On the night of September 10, 1835, a gallows was erected

in Brighton Street, Boston, in front of Mr. Garrison’s house, with two

ropes suspended therefrom. On the crossbar was the inscription “Judge

Lynch’s law.”[151]

The following appeared in Niles’ Register, October 3, 1835 (49: 76–7):

“Our village (Kanawha Salines, W. Va.) was thrown into considerable

commotion on Friday morning last in consequence of the arrival of judge

Lynch among us. His business was soon ascertained, and by his authority

four white men from Ohio were soon arrested and tried before 12

intelligent persons of our county, for endeavoring to persuade several

slaves to leave their masters, for some free state.... These congenial

spirits of Garrison, Tappan & Co. were arrested in the neighborhood of

our village, tried, condemned, and received the sentence pronounced on

them by the jury. That is to say, Joe Gill and the elder Drake to

receive nine and thirty lashes each, and leave the county in 24 hours;

the younger Drake, with Ross, to be discharged for want of evidence, but

with a promise from them that they would also quit the county in 24

hours. The evidence ... produced an unanimous verdict on the part of the

jury, that two should be _lynched_ and the other two excused, provided

they would leave this part of the country.”

The following appeared in Niles’ Register, December 5, 1835 (49: 228):

“Lynch law in Colerain. The sect known as perfectionists have recently

been making some converts in Colerain (Franklin County, Mass.), and

holding meetings there considerably to the annoyance of the majority of

the inhabitants. We learn that one of the leaders ... who was suspected

of taking with his female disciples some liberties inconsistent with the

holiness of his profession, was taken out a few days since, ridden

nearly three miles upon a rail, tarred and feathered, and dismissed,

with an admonition to quit the town—a piece of advice with which he has

since complied.”[152]

Some idea of the prevalence of mob violence and lynch-law procedure in

1835 is obtained from the following editorials in Niles’ Register:

“Meetings have been held at Danville, Kentucky; at Richmond and

Petersburg and many other towns in Virginia; at Charleston, South

Carolina; at many places in Mississippi; and, indeed, it may be

generally said in all the south and southwest in consequence of the

flood of incendiary publications let loose by a few ‘anti-slavery’ men

of the north, inciting the negroes to insurrection, and murder, and

desolation; and, at as many places, perhaps, a like spirit has been

shown against _gamblers_. Anti-gaming societies have been introduced

in a number of cities and towns. _Executions_ by ‘Lynch law,’ have

been numerous. Acts of personal violence, on other accounts, some of

which are terrific, also abound. Society is in an awful state. What is

the cause of it?”[153]

“During the last and the present week we have cut out and laid aside

more than 500 articles, relating to the various _excitements_ now

acting on the people of the United States, public and private!

_Society seems everywhere unhinged_, and the demon of ‘blood and

slaughter’ has been let loose upon us! We have the _slave_ question in

many different forms, including the proceedings of _kidnappers_ and

_manstealers_—and others belonging to the _free negroes_: the

proscription and prosecution of _gamblers_; with mobs growing out of

_local matters_—and a great collection of acts of violence of a

_private_, or _personal_ nature, ending in death; and regret to

believe, also, that an awful _political_ outcry is about to be raised

to rally the ‘poor against the rich’! We have executions, and murders,

and riots to the utmost limits of the union. The character of our

countrymen seems suddenly changed, and thousands interpret the law in

their own way—sometimes in one case, and then in another, guided

apparently only by their own will!... We lately gave, by way of a

specimen, a few articles of a nature similar to those now in our

possession. We cannot consent to hold up our country to the contempt

and scorn of the old world, and shall, therefore, generally suppress

them, though some cases of peculiar atrocity must be inserted. Let the

laws rule. And let no one do anything that may have a tendency to

bring them into popular disrespect!”[154]

Even though some allowance for exaggeration in the above statements may

be necessary, there yet remains unquestionable evidence of a very

unsettled state of affairs.[155] An editorial written in a less

sensational style appeared in the Register in October. The first

sentences are as follows: “Meetings of the people have been held in

nearly all the chief cities and towns in the northern states—at which

the proceedings of the abolitionists were rejected and disavowed, with

great unanimity and much zeal. And in the south we almost daily hear of

‘judge Lynch,’ and of persons who are flogged and driven away, or

‘executed,’ under sentences rendered by him.”[156]

Judge Jay in a charge to a Grand Jury at White Plains, New York, in

November, 1835, referred to the “spirit of lawless violence” that was

abroad in the land, and spoke of the danger to civil and religious

liberty if it were not arrested. About the same time, Judge Cranch, in a

similar charge to a Grand Jury in the District of Columbia, spoke of the

“state of excitement” which existed in some parts of the country.[157]

Some attributed the cause of all this excitement to the

abolitionists.[158] A correspondent of the Medina (Ohio) Free Press

early in the year 1836 wrote as follows: “When a body of men with such

feelings and principles, begin to distract the nation with their mad

schemes, it is high time for a community to notice them. I am no

advocate of Lynch law, but I must say that if Lynch law must be

practised, I know of no fitter subjects for its operation than such

fanatics.”[159] The following appears in an article on Lynch Law in

America published in England in 1877: “Among the institutions specially

American, few have had worse odour in England than what is commonly

known as ‘Lynch law.’ In the time of the anti-slavery agitation the

recourse to Lynch law by the supporters of ‘the domestic institution,’

or ‘involuntary servitude,’ as it was euphoniously called, caused just

indignation. It was by Lynch law that men who dared to speak against

slavery were silenced in the Slave States.”[160] Thus, the defenders of

slavery in the Southern States were highly incensed at the interference

of abolitionists whom they felt knew but little about the actual

conditions, and laid upon the shoulders of these “fanatics” the blame

for the necessity of resorting to lynch-law; the abolitionists, on the

other hand, said that lawless violence was the direct result of

slavery[161] and the attempt of the South to put down free discussion by

means of force.

The years of Jackson’s presidency, 1829–1837, have been distinguished by

political writers as the Jacksonian period,—a period in which there was

an unusual amount of turbulence and violence. It has been repeatedly

suggested that Jackson’s own arbitrary temperament and example did

something to set this fashion. “It is, however, more just to see, both

in the President himself and in the mobs of his time of power, symptoms

of one and the same thing; namely, a great democratic upheaval, the

wilful self-assertion of a masterful people, and of a man who was their

true representative.... During Jackson’s eight years everything is

changing; both society and politics are undergoing revolution; deep

organic processes are in progress; significant atmospheric changes are

setting in.”[162] “It is not possible that a growing nation should

spread over new territory, and feel the thrill of its own young energies

contending successfully with nature in all her rude force, without

social commotions and a certain recklessness and uproar. The contagion

of these forms of disorder produces other and less excusable

forms.”[163]

The cause for all the turbulence and violence lay deeper than

abolitionism, slavery, or the character of political leaders. These were

merely the manifestations of the disruption of underlying social forces

which were warring against each other while seeking to come to a stable

equilibrium under new and changed conditions. Society was in process of

reorganization. It was a time of social readjustment. This was the

condition of society which existed, and it was a condition conducive to

the spread of lynch-law.

It was due to this fact that the term lynch-law gained a permanent place

in the English language. Early in the forties, as mentioned in the

introduction, the dictionaries admitted the term to their list and thus

gave to it the seal of their approval. A writer in Harper’s Magazine for

May, 1859 (p. 794) says: “I think I had never heard of lynch-law until

about the year 1834, when the citizens of Vicksburg organized themselves

into a Court of Uncommon Pleas, with special reference to certain men in

their midst who were, or were said to be, ‘living on the borders of the

law.’ And I well remember, boy as I was, the sensation with which the

news of the hanging of the Vicksburg gamblers was received in the old

States, and how soon the terms ‘Lynch law’ and ‘lynching’ became

familiar as household words.” It was the application of lynch-law, then,

to the gamblers infesting the towns along the Mississippi River that

familiarized the public with the term, and it was the constant exercise

of summary methods of punishment against abolitionists and other

unpopular individuals in various parts of the country that furnished the

occasion for its continued use.

In the month of May, 1835, two negroes were burned to death near Mobile,

Alabama, for “most barbarously murdering” two children. The murderers

had their trial, the result of which is given in the following paragraph

taken from a Mobile paper: “As the Court pronounced the only sentence

known to the law—the smothered flame broke forth. The laws of the

country had never conceived that crimes could be perpetrated with such

peculiar circumstances of barbarity, and had therefore provided no

adequate punishment. Their lives were justly forfeited to the laws of

the country, but the peculiar circumstances demanded that the ordinary

punishment should be departed from—they were seized, taken to the place

where they had perpetrated the act, and burned to death.”[164]

A case of burning alive, which on account of the subsequent events

gained great notoriety, occurred at St. Louis, Missouri, April 28, 1836.

One writer designated it as “the execution of ‘Lynch Law’ upon a yellow

fellow, by means of a slow fire.” A colored man was arrested on board a

boat by a deputy sheriff and a constable. Another colored man, a free

mulatto, assisted him to escape, and the officers immediately arrested

the mulatto. He, however, turned upon the officers, drew a knife and

stabbed Deputy Sheriff Hammond, killing him instantly, and also

seriously wounded Mr. Mull, the constable. He was finally captured,

however, and locked up in the jail. Later the people assembled and,

after threatening to tear down the jail if he was not delivered to them,

secured the prisoner, conducted him to the outskirts of the city, placed

a chain round his neck and a rope round his body, and thus fastened him

to a tree a few feet from the ground. A fire was then placed round the

tree and he was roasted alive.[165]

When this case came up for consideration before the Grand Jury of St.

Louis County, Judge Lawless—according to subsequent comments rightly

named—made the following charge:

“I have reflected much on this matter, and after weighing all the

considerations that present themselves as bearing upon it, I feel it

my duty to state my opinion to be, that whether the Grand Jury shall

act at all, depends upon the solution of this preliminary question,

namely, whether the destruction of McIntosh was the act of the ‘few’

or the act of the ‘many.’

“If on a calm view of the circumstances attending this dreadful

transaction, you shall be of opinion that it was perpetrated by a

definite, and, compared to the population of St. Louis, a _small_

number of individuals, separate from the mass, and evidently taking

upon themselves, as contradistinguished from the multitude, the

responsibility of the act, my opinion is that you ought to indict them

all, without a single exception.

“If on the other hand, the destruction of the murderer of Hammond was

the act as I have said, of the many—of the multitude, in the ordinary

sense of those words—not the act of numerable and ascertainable

malefactors, but of congregated thousands, seized upon and impelled by

that mysterious, metaphysical, and almost electric phrenzy, which, in

all nations and ages, has hurried on the infuriated multitude to deeds

of death and destruction—then, I say, act not at all in the matter—the

case then transcends your jurisdiction—it is beyond the reach of human

law.”[166]

It was for denouncing the burning of this colored man and violently

attacking Judge Lawless in his Observer that the Rev. E. P. Lovejoy had

his printing-office destroyed by a mob in St. Louis, and was forced to

remove his paper to Alton, Illinois. He did not cease to express his

convictions, however, and neither did his persecutions cease. Three

times his press was destroyed by mobs. On November 7, 1837, while

endeavoring to protect his property, he met his death at the hands of an

Alton mob.

In an address on “The Perpetuation of our Political Institutions,”

delivered before the Young Men’s Lyceum of Springfield, Illinois, on

January 27, 1837, Abraham Lincoln characterized the spirit of the times

in the following way:

“Accounts of outrages committed by mobs form the everyday news of the

times. They have pervaded the country from New England to Louisiana;

they are neither peculiar to the eternal snows of the former nor the

burning suns of the latter; they are not the creature of climate,

neither are they confined to the slaveholding or the non-slaveholding

States. Alike they spring up among the pleasure-hunting masters of

Southern slaves, and the order-loving citizens of the land of steady

habits. Whatever then their cause may be, it is common to the whole

country.

“It would be tedious as well as useless to recount the horrors of all

of them. Those happening in the State of Mississippi and at St. Louis

are perhaps the most dangerous in example and revolting to humanity.

In the Mississippi case they first commenced by hanging the regular

gamblers—a set of men certainly not following for a livelihood a very

useful or very honest occupation, but one which, so far from being

forbidden by the laws, was actually licensed by an act of the

legislature passed but a single year before. Next, negroes suspected

of conspiring to rise an insurrection were caught up and hanged in all

parts of the State; then, white men supposed to be leagued with the

negroes; and finally, strangers from neighboring States, going thither

on business, were in many instances subjected to the same fate. Thus

went on this process of hanging, from gamblers to negroes, from

negroes to white citizens, and from these to strangers, till dead men

were literally dangling from the boughs of trees by every roadside,

and in numbers almost sufficient to rival the native Spanish moss of

the country as a drapery of the forest.

“Turn then to that horror-striking scene at St. Louis. A single victim

only was sacrificed there. This story is very short, and is perhaps

the most highly tragic of anything of its length that has ever been

witnessed in real life. A mulatto man by the name of McIntosh was

seized in the street, dragged to the suburbs of the city, chained to a

tree, and actually burned to death; and all within a single hour from

the time he had been a freeman attending to his own business and at

peace with the world.

“Such are the effects of mob law, and such are the scenes becoming

more and more frequent in this land so lately famed for love of law

and order, and the stories of which have even now grown too familiar

to attract anything more than an idle remark.”[167]

The following paragraph appeared in the Southern Literary Messenger in

the year 1839 (5: 218): “Forty years ago, the practice of wreaking

private vengeance, or of inflicting summary and illegal punishment for

crimes, actual or pretended, which has been glossed over by the name of

_Lynch’s Law_, was hardly known except in sparse, frontier settlements,

beyond the reach of courts and legal proceedings.”

The above quotations set forth clearly the condition of affairs in the

United States at this time. It was the spirit of the times, rather than

any particular cause, which brought about recourse to lynch-law

practices. Lynch-law was invoked for no particular offense to the

exclusion of all other offenses; neither was it peculiar to any one

section of the country. From having been practised only in the border

settlements as a temporary means of suppressing lawlessness until the

civil regulations could be established, lynch-law methods had come to

prevail even in well settled communities. Those writers who expressed

the opinion about 1830 that lynch-law was dying out did not foresee the

great popular excitement which existed during Jackson’s administration.

The anti-slavery agitation acted as a spark in a tinder-box and seemed

to beget a spirit of lawlessness in every part of the country. To the

inflamed imagination of the popular mind the slightest provocation

seemed a serious offense. The law did not reach such offenses, or they

were deemed to be inadequately punished by the law, and this seemed to

the people a justification for summary punishment.

In the slave States such punishment was generally a whipping or

flogging, often followed by tarring and feathering, inflicted upon

abolitionists or any persons suspected of “tampering with the slaves,”

or distributing “incendiary tracts.” In cases of a suspected conspiracy

for an insurrection among the slaves the supposed leaders were often

summarily punished, sometimes by the infliction of the death penalty.

Along the Mississippi River, the gamblers had aroused the resentment of

the peace-loving portion of the community by their vices and excesses of

various kinds. In many places they were able to bid defiance to the

civil authorities and laugh at threats of enforcing the law against

them. Here again the exigencies of the situation seemed to the people to

justify the adoption of lynch-law. This case of the summary treatment of

the gamblers may be regarded as a transition from the frontier type of

lynch-law to the sporadic and epidemical type which later prevailed in

the well settled States.

The author of a book published in London in 1837 wrote: “The Lynch-law,

is not, properly speaking, an opposition to the established laws of the

country, or, is at least, not contemplated as such by its adherents; but

rather as a supplement to them,—a species of _common_ law, which is as

old as the country, and which, whatever may be the notion of ‘the

_learned_ in the law,’ has nevertheless been productive of some of the

happiest results.”[168]

In 1839, F. Marryat wrote: “The Lynch law of the present day, as

practiced in the States of the West and South, may be divided into two

different heads: the first is, the administration of it in cases in

which the laws of the States are considered by the majority as not

having awarded a punishment adequate, in their opinion, to the offence

committed; and the other, when from excitement the majority will not

wait for the law to act, but inflict the punishment with their own

hands.”[169]

Occasionally innocent persons suffered the violence of lynching

mobs,[170] and sometimes damages were secured through the courts for

having suffered lynch-law. Cases of this nature were not uncommon in the

early history of the operation of lynch-law in Virginia,[171] and in the

later thirties similar suits were instituted in the courts. On September

4, 1835, certain inhabitants of Brownsville, Tennessee, constituted

themselves a lynch court for the trial of Anson Moody, suspected of

being a kidnapper, or slave stealer. They seized him in the dead of

night, tried him, convicted him, and then proceeded to punishment by

inflicting one hundred lashes with a “cowskin,” branding him on the

cheek with the letter R and commanding him to leave the country. A jury

in the Circuit Court of the United States for the District of West

Tennessee gave him a verdict of $2,000 and costs against five of the

members of the Lynch court.[172]

In Yazoo, Mississippi, a Mr. Harris, for some real or supposed offense,

was “severely lynched” by H. W. Dunn, C. W. Bain, and others. He

prosecuted those two individuals for the outrage, and the case was tried

in the circuit court of Yazoo County. The jury returned a verdict for

the plaintiff of $20,000.[173]

Two young men in Fayette County, Tennessee, were sentenced to three

months’ imprisonment and to pay a fine of $50 each for assisting to ride

John T. Foster on a rail. The said Foster died in consequence of the

injuries he received during the outrage.[174]

Sherman Thompson and Samuel Thompson, of Meriden, Connecticut, were

sentenced to pay a fine of $20 each and to suffer imprisonment in the

common jail for the term of six months for having participated in an

outrage upon the Rev. Mr. Ludlow in October, 1837.[175]

The Grand Jury of Alton, Illinois, found bills of indictment against a

number of individuals concerned in the affair of November 7, 1837, when

Lovejoy was killed, but the suits were evidently not pushed against

them. In the trial of Rock, one of the assailants, which came up before

the municipal court, the jury returned a special verdict that the

defendant, in their opinion, was guilty of the various charges in the

indictment, but that they return him not guilty on a question of

jurisdiction.[176]

Previous to 1840 the verb lynch was occasionally used to include capital

punishment, but the common and general use was to indicate a personal

castigation of some sort. “To lynch” had not then undergone a change in

meaning and acquired the sense of “to put to death.”[177] Webster’s

Dictionary, edition of 1848, gives: “Lynch, v. t. To inflict pain, or

punish, without the forms of law, as by a mob, or by unauthorized

persons,” and “Lynched, pp. Punished or abused without the forms of

law.” These same definitions still stand in the edition of 1876. It was

not until a time subsequent to the Civil War that the verb lynch came to

carry the idea of putting to death. Men were punished with death “by

Lynch-law” and “by order of Judge Lynch,” but it is so stated in every

such case that death was inflicted.

A few typical instances of the use of the word will illustrate the

point. The St. Louis Bulletin, November 21, 1835, contained the

following item: “Fuller and Bridges, the men suspected of having

kidnapped Major Dougherty’s slaves ... were soundly flogged, or in other

words—_Lynched_, and set on the opposite side of the river, with the

positive assurance that, if they were again found within the limits of

the State of Missouri, their fate should be death by hanging.”[178]

Niles’ Register for December 5, 1835 (49: 228) heads a paragraph taken

from the Louisiana Advertiser “More Lynching.” The paragraph tells of

the murder of John W. Brock by John Joseph Short, who was “tried in a

summary manner, and executed, by hanging.”

Under the title “Lynchers Lynched” the following language was used in

the Liberator for September 24, 1836 (6: 155): “A party of from 6 to 12

persons proceeded to the house of Judge Bermudez last night ... their

object being, as it is supposed, to assault or Lynch the Judge.”

The following passage is from the Liberator, August 17, 1838 (8: 131):

“Lynching. A man named John Miles, who hails from Cincinnati, received

100 lashes in Adams county, Mississippi, for endeavoring to entice

negroes away.”

Under the heading “Horrible Lynching” the following item, taken from the

Southern Mississippi Sun of the 19th ult., appears in Niles’ Register

for December 14, 1839 (57: 256): “Crook and Carter who were confined in

the jail of Scott county for murder, have been taken by force from

prison by some of the citizens of that county and hung! It will be

recollected that they once made their escape from the jail and were

retaken.—They were brought to Rankin county two or three weeks since for

trial, but were remanded for want of some testimony. The people have

taken the law into their own hands, and executed them without a trial.”

The ordinary use of the term at this time was very well stated by Philip

Hone when he wrote in his diary on August 2, 1835: “A terrible system

prevails in some of the Southern and Western States, which consists

in ... beating, tarring and feathering, and in some cases hanging the

unhappy object of their vengeance, and this is generally called ‘Lynch’s

Law.’”[179]

Instances may be cited showing that the term continued to be used in

this way down to 1860. Niles’ Register for August 24, 1844 (66: 428) has

this paragraph: “Judge Lynch. Four men, Rea, Mitchell, White and Jones,

were tried and condemned before his honor, Chief Justice Lynch, on the

16th inst. at South Sulphur, Texas, for killing two men and one boy of

the Delaware tribe of friendly Indians. They were executed under said

sentence, the next day, in the presence of a large number of persons.”

In the year 1845 there were some lawless proceedings in Scott County,

Missouri. Niles’ Register for July 26, 1845 (68: 325) describes the

occurrence in the following way: “A party of men ... were charged with

burning the houses, stocks, etc. and doing other injuries to a man named

Lane. Some of his neighbors collected and caught several of the persons

charged, lynched them, and ordered them to leave the county, which they

did. A few days ago, they returned with a considerable party and avowed

their determination to drive out or be avenged on Lane and those who had

assisted to lynch and drive them away.”

The following item is taken from the St. Louis Reveille for October 2,

1845: “It is reported that the two men named Redman, brothers, with five

others, were recently arrested in the vicinity of Davenport, charged

with the murder of Colonel Davenport. Suspicion was strong as to their

guilt. We have heard rumors that Lynch law had been inflicted upon both

the Redmans since their arrest—that they both were hung.”[180]

Niles’ Register for January 17, 1846 (69: 320) gives the following:

“Lynching in Florida. A man by the name of Yeoman, accused of being a

noted slave stealer—having been discharged by Judge Warren, of Baker

County, Georgia, on a writ of _habeas corpus_ ... on his arrival at

Jefferson County, Florida, ninety citizens assembled and took a formal

vote, which stood 67 for and 23 against hanging him. He was executed

accordingly at 12 o’clock, on the 2d inst.”[181]

In 1855 several negroes were summarily executed by mobs in Tennessee.

The Liberator gives an account of these occurrences under the heading,

“Hanging Negroes in Tennessee by Judge Lynch’s Code.”[182]

In the Liberator, January 18, 1856 (p. 12), it is stated that “Judge

Thomas Clingman, of Carroll county, Missouri, was murdered, about the

middle of October, by one of his field slaves. The murderer was

instantly hung by Lynch law.”

The Liberator, May 2, 1856 (p. 72), contains this paragraph, taken from

the Western Herald: “Lynch Law in Virginia.—A man named William

Hornbeck, living in Lewis County, Virginia, for the alleged

ill-treatment of his family, was lynched by the young men in the

neighborhood, one night last week.—Stripped of his clothing, rode on a

rail, made to run through a briar patch, a stout paddle used to keep him

going, and a coat of tar and feathers applied.”

The Liberator, December 4, 1857 (p. 196) copies the following account of

the manner in which an abolitionist was lynched in Mississippi: “... A

crowd took him to the woods, told him to strip, carried to a hollow and

tied around a tree. He was then told what was their intention: to lynch

him until he told something. The lashing was commenced by two who used

straps fastened to sticks about 10 in. long....”

The same issue of the Liberator contains the following: “Lynch Law

Proceedings.—In Barton County, Southwestern Missouri, great excitement

has recently existed on account of the doings of a set of lawless

wretches called ‘Slickers,’ who pretended to be after a horse-thief, but

who ‘slicked’[183] or barbarously beat several men until their lives

were despaired of, and when women interfered, some were badly beaten and

others violated....”

The following paragraph appeared in the Liberator, December 31, 1860 (p.

211): “Lynch Law Again.—Two white men named Waters and a mulatto named

Wilson, at Mosely Hall, a village in North Carolina, were arrested a few

days ago for hurraing for Lincoln and the Abolitionists and severely

beating a citizen who remonstrated with them. They were immediately

tried by a jury, who ordered them to be whipped, and to have their heads

shaved. The verdict was carried out on the spot.”

The use of the word lynch in a story entitled “Jack Long; or lynch-law

and vengeance,” which appeared in the American Whig Review for February,

1845, purporting to be a true story of frontier life in Shelby County,

Texas, fully bears out the assertion that “to lynch” was generally

understood at that time to mean to whip or to maltreat. According to the

story a band of men calling themselves “Regulators,” led by a ruffian,

terrorized the county. Once they lynched, that is, lashed to a tree,

whipped and beat, Jack Long, leaving him for dead. He recovered and left

the county in obedience to their orders, but later came back and shot

all but two of the “Regulators.”

It should be said, however, that the instances of the application of

lynch-law which are given in Niles’ Register and the Liberator from 1830

to 1860 show an increase in the severity of the punishment administered.

As the slavery controversy went on and the breach widened between the

North and the South, it was but natural that such should be the case.

Many people in the South felt that no punishment was quite severe enough

for an abolitionist. Crimes committed by negroes were also treated with

greater severity. The following extract from a private letter, dated

Houston, Texas, August 23, 1860, to a friend in Hartford, Connecticut,

expresses a sentiment felt at that time in many sections of the South:

“Tell your abolition friends to go on and soon they will have the

pleasure of seeing the negro reduced to such a state of hopeless bondage

that they may well pity them. I solemnly declare that to-day the negro

is not as free as he was two or five years ago; and why? Simply because

his master has been goaded on to desperation by incendiary acts and

speeches. Now he fears the negro, and binds him down as you would a

savage animal. One year ago, all was peace and quietness here. The negro

was allowed to go out, to have dances and frolics; to-day one dare not

show his head after nine o’clock in the evening. Seven companies of

patrols are organized and guard the city each night, sixteen

horse-patrol scour the country around. Forty-eight vigilance men say

live, banish or die, as the proof may go to show. And so it is all over

the country. Men are hung every day by the decision of planters,

lawyers, judges and ministers. It is no hot impetuous act, but cool,

stern justice. It is the saving of wife and daughter, mother and sister

from the hand of desecration. It is the stopping of scenes that would

make the Druses and Turks blush for shame.”[184]

At the time this letter was written, and during the three years

preceding, there was a great deal of excitement in Texas. Vigilance

societies were in active operation against desperadoes and

abolitionists. In 1857 a vigilance committee in the “upper country,” as

it was then called, was “raking the country fore and aft and swinging

every horse-thief and murderer,” that could be found. A traveler saw

twelve bodies suspended from one tree and on another tree five.[185] In

the summer of 1860 there was an insurrection and conspiracy in Dallas,

Ellis, Tarrant and Denton counties, in northern Texas. The three

ringleaders, Sam, Cato, and Patrick, were hung by a vigilance committee

on July 24. Twenty-two insurrectionists in all were said to have been

hanged.[186] This condition of affairs must be taken into consideration

in connection with the statements made in the above letter and the fears

and prejudice therein expressed.

When drawing any conclusions from the instances recorded in the

newspapers as to the history of lynch-law during this period, there is

another fact to be kept in mind. During the later years the facilities

for obtaining news were greatly increased; the means of communication

between different parts of the country were very much improved and the

number of newspapers published had rapidly increased. There were no

doubt many cases of the administration of summary justice in the remote

districts during the thirties and the early forties which never came to

the notice of either the Liberator or Niles’ Register. There is,

however, abundant evidence to make the conclusion a safe one that

lynch-law was more and more resorted to during this period and that the

punishments administered under that name by vigilance committees and

mobs came to be more and more severe, death being frequently inflicted

during the later years.

The Parkville (Mo.) Democrat made the following statement in the year

1856: “Deeds of daring and outrages perpetrated by negroes, are

constantly becoming more frequent. We hope that the proper authorities

will see to it that all such cases are punished to the extent of the

law.”[187] The Liberator for May 2, 1856 (p. 72) contains an item which

reads in this way: “In Hancock County, La., Samuel L. Watson, a negro

overseer, whipped one of the negroes under him, and a few days after,

the negro caught him in a field and beat him with a club till he died.

The tragedy closed in the usual way, by the summary hanging of the negro

by the populace.” There are indications, therefore, that crime was on

the increase among the negroes at this time and that the whites had

cause for inflicting more rigorous punishment.

The following editorial appeared in the Liberator, December 19, 1856 (p.

204): “A record of the cases of ‘Lynch Law’ in the Southern States

reveals the startling fact, that within twenty years, over three hundred

white persons have been murdered upon the accusation—in most cases

unsupported by legal proof—of carrying among slave-holders arguments

addressed expressly to their own intellects and consciences, as to the

morality and expediency of slavery.” If this figure may be accepted as

reliable for the whites, it is within the truth to say that a

considerably larger number of negroes met with summary capital

punishment during the various insurrection excitements which occurred.

The summary execution of negroes did not, however, become a serious evil

previous to the Civil War. So long as the negroes were valuable as

slaves, it was a direct economic loss to the slave-holder if an

able-bodied slave were put to death. In general, it was only in cases of

real or supposed conspiracy against the whites, or in cases of

insurrection, that the negroes were killed in a summary manner. Such was

the case in Virginia at the time of the Nat Turner insurrection; such

was the case in Mississippi in 1835 when it was discovered that the

Murrell gang had laid plans for a general uprising among the slaves. A

similar condition of affairs existed in northern Texas in 1860, when it

was thought that strychnine had been distributed among the negroes and

they had been instructed to put it in the wells and in the food of their

masters.

Damages were sometimes claimed by owners for the loss of their slaves

through illegal procedure. A suit was instituted in the year 1857 in the

Jefferson Circuit Court of Kentucky against the city of Louisville for

the value of the slaves George, Bill, and Jack, the murderers of the

Joyce family. George and Bill had been hung by an infuriated mob, and

Jack had cut his own throat in jail, in order to escape the fate which

befell his companions. $1,500 each was claimed as damages by the owners

of the negroes. The Louisville Courier in commenting upon the case said

the suit would be of interest and importance, involving some delicate

principles of law.[188] In 1858 a vigilance committee was established in

Shelby County, Kentucky, whose method of procedure was described as

follows: “They order white men and free negroes who have been concerned

in evil deeds, to leave the county within three days. Any property

belonging to a white man is to be appraised by three disinterested

persons, and the price paid, after such person has been directed to

leave the county. Slaves who are vicious must be removed, also, from

Shelby county, by their masters.”[189] The property right in the slaves

was generally recognized in cases where they committed offenses against

a neighbor or a neighbor’s slaves. A common way of settling such matters

was for a number of the planters to meet together and decide upon the

amount of damages to be paid and what should constitute an equitable

settlement, without going through any formal legal procedure. In

Louisiana a tribunal formed in this way tried and gave sentence of death

upon two negroes for violating the person of a young white girl on

Christmas eve, 1856.[190]

An examination of the files of the Liberator shows that, during the ten

years 1830–1840, in cases where masters, overseers, or mistresses were

murdered by slaves, the law was allowed to take its course almost

without exception. The same is true in the case of rape committed upon

white women by negroes. The record stands, three slaves and one free

negro legally executed for rape and two slaves legally executed for

attempted rape. There are some instances reported of summary punishment,

not death, being administered to negroes for inducing white girls to run

away with them, or for living with white women.

There were also three instances of burning negroes at the stake during

this period. These cases have been described above: one was the burning

of two slaves near Mobile, Alabama, for murdering two children; another

was the burning of the free mulatto at St. Louis for killing an officer;

and the other was the burning of a slave in Arkansas for the murder of

his master.

For the ten years 1850–1860, the record is somewhat different. Out of

forty-six negroes put to death for the murder of owners or overseers,

twenty were legally executed and twenty-six were summarily executed. Of

the latter, one was a female slave who was taken from the constable and

hanged upon a tree for the crime of beating her mistress to death, and

another was a negro woman who was burned to death for poisoning her

master. Eight of the remaining twenty-four negroes were summarily

executed by being burned at the stake. For the crime of rape upon white

women, three negroes were legally executed, and for attempted rape two

were legally executed; while twelve negroes were more or less brutally

put to death by mobs for having committed the crime. Of the latter, four

were burned at the stake, three of whom had committed the double crime

of rape and murder. Some other instances of rape and of attempted rape

are reported, but no statement is made as to the manner or the nature of

the punishment inflicted.

It cannot be said, however, that these cases of the infliction of

capital punishment upon negroes without process of law were anything

more than sporadic and isolated cases. They were scarcely more than

local in their influence. The most important thing brought to light by

the above comparison of the two ten-year periods is the tendency, in the

later period, toward less reliance on legal procedure and toward greater

readiness on the part of the people to take matters into their own

hands. The newspapers in the fifties not only frequently excused summary

procedure but often openly advocated it. One instance only will be cited

and it is from a southern newspaper. In 1856, a Mr. Pearce, residing in

Morgan County, Georgia, attempted to give one of his negroes a flogging

for some misdemeanor. The negro picked up an ax and at one blow split

his master’s head open. He then fled. While he was still at large the

Madison Messenger printed the following: “Beyond doubt he will be

captured before many hours. If he is, although we admire submission to

the course pointed out by the law of the land, in this case so much of

the brute has been manifested, we should be glad to see our citizens

rise _en masse_, and avail themselves of Lynch law, and hang the rascal

without court or jury.”[191]

The preceding paragraphs have made it clear that negroes occasionally

suffered death under lynch-law previous to the Civil War. It was not

common, however, to characterize the summary hanging of negroes as

lynching. Such occurrences were neither common nor general enough to

give to the verb lynch its modern meaning, even though they had been

always designated as lynchings.

It was with reference to the lawless proceedings which took place in the

western and southwestern portions of the United States in the fifties

that the term lynch was first used in its modern sense. The vigilance

committees which were then common in that section of the country often

hung desperadoes and horse-thieves, and frequently when such persons

were thus executed they were said to have been lynched. A paragraph in

the Liberator, November 9, 1860 (p. 179), has the heading: “Four men

Lynched in Texas.” The paragraph contains a clipping from a Texas paper

describing the circumstances under which four men were found one morning

hung in the public square of a town in Navarro County, and refers to the

“many accounts of lynchings in Texas.”

Howitt’s Journal for February 12, 1848 (3: 109), contains an article

entitled “American Lynching—The Desperadoes of the South-West.” The

article is really a review of a book published under the title “The

Desperadoes of the South-West,” which, according to the reviewer, gives

a picture of the state of society in that section of the United States.

Quotations from the book are given in which the author outlines the way

the West was settled up and the difficulty of keeping prisoners until a

regular trial could be had, and the exasperating delays and

postponements brought about by pettifogging lawyers. The author

describes the operation of lynch-law at that time in the following

words:

“Then, after all other means of redress have been exhausted, the

honest, hard-working portion of the community organize themselves into

a community of lynchers, elect a captain, appoint a committee, and, as

they say, ‘take justice into their own hands.’... The company of

lynchers once formed, they proceed to the execution of summary

justice. It is easy to see what sad work they must make of it,

rendered furious, as they have been, by multitudinous wrongs. And

accordingly, they whip, bang, torture, burn, flay alive; and however

they may begin, end at last by acting like a band of savages. What

else could be expected of such men, however honest, however merciful,

stung to ungovernable rage by so many injuries, and now placed as

judges in their own case, in a position beyond responsibility? By and

by, the more cunning rogues take shelter under their protection, and

bawl out the loudest for justice. Then the fruit of ruin is ripe. Men

accuse their enemies of the most appalling crimes, in order to glut

feelings of private revenge. A hypocritical zeal for honesty becomes

the cloak for rapine and murder. Vengeance supplants law, and brute

force and fury trample down all show of order.... But the force is

never wholly on one side only. The lynchers, or ‘regulators,’ as they

are often called, soon find that their foes organize also; arm

themselves, and prepare for systematic resistance, under the

denomination of ‘moderators.’ Then commences a guerilla warfare as

dark and deadly in its hate, as the old English contest between the

Red and the White Roses. It is a war of utter extermination.”

Chambers’ Journal for February 17, 1855 (23: 101) contains an article

entitled “American Jottings. Eccentricities in criminal

jurisprudence—Lynch Law.” The following quotations are both illustrative

and instructive:

“A respect for law and order is as conspicuous in general

circumstances in the greater part of the United States as it is in

England. This much may be said without prejudice to the fact, that

very strange things occasionally come to pass, particularly in the

south and west, in violation of the regular course of justice.... It

is doubtless the perfunctoriness in the administration of justice

which at times arouses the indignation of the public and causes them

to have recourse to what is called Lynch Law, in which respect

American society, in the more newly settled parts of the country, may

be said to be at the stage of the rough populace of Edinburgh when

they interrupted the ordinary course of justice, and laid violent

hands on Captain Porteous. It is thus interesting to note how long it

is before a people acquire the habit of implicit submission to the

maxims of law—the time, of course, being proportioned according as the

administrators of that law are in themselves unworthy of respect. The

ancient venality of judges and juries in Scotland, now the theme of

romance, would appear to be still matched on the banks of the

Mississippi, and sometimes, as popular feeling inclines, it leads to

similar results.... Objectionable and dangerous as lynching may be

considered in the abstract there can be little doubt of its propriety

practically in certain conditions of American society. When judges and

courts are leagued with desperadoes, or when peculiar difficulties

stand in the way of a prompt administration of justice, the public, in

self-defense, feel impelled to interfere. At the settlement of

California, and before society had time to establish regular

tribunals, or to give due efficacy to the law, life and property would

not have been safe for a moment, unless a Vigilance Committee had

charged itself with the duty of lynching. Even when, in such newly

opened territories, judges are appointed, only a small advance is made

towards a vigorous legal administration. Of American judges it needs

to be recollected that their position is often not such as to command

respect. A judge of the supreme courts in England is a being aloof in

every respect from the people, and he scrupulously abstains from

interference personally in matters which might by possibility come

before him in his judicial capacity. An American judge, on the other

hand, is not dissevered from the ordinary action of society; and if he

looks forward to a governorship, or some other high function, he

requires to cultivate a certain popularity.”

In these extracts there is presented very clearly the character of the

illegal and summary proceedings to which the term lynch-law was

generally and commonly applied in the fifties. The quoted passages

likewise indicate the attitude of public sentiment at that time toward

such proceedings and the frequency of their occurrence. The tendency for

vigilance societies organized in the interests of law and order to pass

quickly into the control of the lawless and the vicious, or for

counter-organizations to be formed by the lawless element in the

population, is also given due prominence.

The Vigilance Committee movement in the West attained its highest state

of organization and effectiveness under the San Francisco Committees of

Vigilance of 1851 and of 1856. The discovery of gold in 1848 had brought

to California in a few years men from all parts of the world. National

characteristics came into conflict. Mexicans, Frenchmen, Irishmen, and

Americans were suddenly thrown together in a virgin territory. The

establishment of civil government and judicial tribunals could not keep

pace with the rapid increase in population. When such civil government

was begun, the control which the vicious and corrupt element in the

population was able to exercise over it rendered it ineffectual. It was

a time of social irresponsibility, and serious crimes were of common

occurrence. Out of five hundred and thirty-five homicides which occurred

in California during the year 1855, there were but seven legal

executions.[192] It was under these conditions and on the ground that

some such organization was necessary to bring about order and security,

that the two San Francisco Vigilance Committees were organized. “Each

hanged four men and banished about thirty. Each rescued two prisoners

from the county jail by means of surprise parties.... The crimes

committed by the victims of the first tribunal were against property and

life, while those of the second were strongly tinctured with political

immorality.... The reformation of 1851 was superficial and temporary;

that of 1856 radical and permanent.”[193] On the whole, though the

measures taken seem extreme, these committees accomplished their end

remarkably well, and it is to their credit that they promptly disbanded

when their time of usefulness had passed.

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]

The lynch-law procedure of the fifties that was most commonly mentioned

and described in the newspapers and periodicals was that that prevailed

in the western part of the United States. Bodies of citizens, organized

secretly or openly under the names of “vigilance committees,” “vigilance

societies,” “vigilantes,” “regulators,” “law-and-order men,” “Citizens’

Associations,” &c., punished with summary severity horse-thieves,

cattle-thieves, highway robbers, counterfeiters, burglars, and

swindlers, as well as murderers. Certain rude forms of trial were

generally observed, acquittals were rare but not entirely unknown, and

the punishment was usually death by hanging. The frequency with which

lynch-law was resorted to at this time is to be referred, both to the

lack of a well established civil government, and to a doubt on the part

of the people as to the adequacy of the ordinary legal machinery.

It was the use of the word lynching in connection with these summary

proceedings against white men of desperate character, the criminals of

the frontier region west of the Mississippi, during the period of

settlement, that first gave to it its modern meaning of putting to

death. After the Civil War, when the Southern States were being

reconstructed and the whites were threatened with negro domination,

summary practices were adopted against the negroes. The negro had ceased

to be valuable as property and was looked upon as a dangerous political

factor in the community; to take his life was thought to be the easiest

and quickest way to dispose of him. The adoption of this plan in many

parts of the South gave for the word lynching a new application. Since

the Reconstruction Period, then, to lynch has generally meant to put to

death. The infliction of any minor punishment without legal trial still

constitutes lynch-law, but the simple term “lynching” usually implies

capital punishment. It is in this sense that the term will be used

throughout the remainder of this investigation.

Lynch-law; an investigation into the history of lynching in the United States · 第 4 / 10 章