On motion of Henry L. Sims, Solicitor General, "Ordered by the court,
that the presentments of the Grand Jury, be published according to
their request." THOMAS HENRY, Clerk.
The same paper, four weeks after publishing the preceding facts,
contained the following: we give it in detail as the wretch who
enacted the tragedy was another public functionary of the state of
Georgia and acting in an official capacity.
"MURDER.--One of the most brutal and inhuman murders it has ever
fallen to our lot to notice, was lately committed in Cherokee county,
by Julius Bates, the son of the principal keeper of the Penitentiary,
upon an Indian.
"The circumstances as detailed to us by the most respectable men of
both parties, are these. At the last Superior Court of Cass county,
the unfortunate Indian was sentenced to the Penitentiary. Bates, as
_one of the Penitentiary guard_, was sent with another to carry him
and others, from other counties to Milledgeville. He started from
Cassville with the Indian ironed and bare footed; and walked him
within a quarter of a mile of Canton, the C.H. in Cherokee, a distance
of twenty-eight to thirty miles, over a very rough road in little more
than half the day. On arriving at a small creek near town, the Indian
[who had walked until the _soles of his feet were off and those of his
heel turned back_,] made signs to get water, Bates refused to let him,
and ordered him to go on: the Indian stopped and finally set down,
whereupon Bates dismounted and gathering a pine knot, commenced and
continued beating him and jirking him by a chain around his neck,
until the citizens of the village were drawn there by the severity of
the blows. The unfortunate creature was taken up to town and died in a
few hours.
"An inquest was held, and the jury found a verdict of murder by Bates.
A warrant was issued, but Bates had departed that morning in charge of
other prisoners taken from Canton, and the worthy officers of the
county desisted from his pursuit, 'because they apprehended he had
passed the limits of the county.' We understand that the warrant was
immediately sent to the Governor to have him arrested. Will it be
done? We shall see."
Having devoted so much space to a revelation of the state of society
among the slaveholders of Georgia, we will tax the reader's patience
with only a single illustration of the public sentiment--the degree of
actual legal protection enjoyed in the state of North Carolina.
North Carolina was settled about two centuries ago; its present white
population is about five hundred thousand.
Passing by the murders, affrays, &c. with which the North Carolina
papers abound, we insert the following as an illustration of the
public sentiment of North Carolina among 'gentlemen of property and
standing.'
The 'North Carolina Literary and Commercial Journal,' of January 20,
1838, published at Elizabeth City, devotes a column and a half to a
description of the lynching, tarring, feathering, ducking, riding on a
rail, pumping, &c., of a Mr. Charles Fife, a merchant of that city,
for the crime of 'trading with negroes.' The editor informs us that
this exploit of vandalism was performed very deliberately, at mid-day,
and _by a number of the citizens_, 'THE MOST RESPECTABLE IN THE CITY,'
&c. We proceed to give the reader an abridgement of the editor's
statement in his own words.--
"Such being the case, a number of the citizens, THE MOST RESPECTABLE
IN THIS CITY, collected, about ten days since, and after putting the
fellow on a rail, carried him through town with a duck and chicken
tied to him. He was taken down to the water and his head tarred and
feathered; and when they returned he was put under a pump, where for a
few minutes he underwent a little cooling. He was then told that he
must leave town by the next Saturday--if he did not he would be
visited again, and treated more in accordance with the principles of
the laws of Judge Lynch.
"On Saturday last, he was again visited, and as Fife had several of
his friends to assist him, some little scuffle ensued, when several
were knocked down, but nothing serious occurred. Fife was again
mounted on a rail and brought into town, but as he promised if they
would not trouble him he would leave town in a few days, he was set at
liberty. Several of our magistrates _took no notice of the affair_,
and rather seemed to tacitly acquiesce in the proceedings. The whole
subject every one supposed was ended, as Fife was to leave in a few
days, when WHAT WAS OUR ASTONISHMENT to hear that Mr. Charles R.
Kinney had visited Fife, advised him not to leave, and actually took
upon himself to examine witnesses, and came before the public as the
defender of Fife. The consequence was, that all the rioters were
summoned by the Sheriff to appear in the Court House and give bail for
their appearance at our next court. On Monday last the court opened at
12 o'clock, Judge Bailey presiding. Such an excitement we never
witnessed before in our town. A great many witnesses were examined,
which proved the character of Fife beyond a doubt. At one time rather
serious consequences were apprehended--high words were spoken, and
luckily a blow which was aimed at Mr. Kinney, was parried off, and we
are happy to say the court adjourned after ample securities being
given. The next day Fife was taken to jail for trading with negroes,
but has since been released on paying $100. The interference of Mr.
Kinney was wholly unnecessary; it was an assumption on his part which
properly belonged to our magistrates. Fife had agreed to go away, and
the matter would have been amicably settled but for him. We have no
unfriendly feelings towards Mr. Kinney: no personal animosities to
gratify: we have always considered him as one of our best lawyers. But
when he comes forth as the supporter of such a fellow as Fife, under
the plea that the laws have been violated--when he arraigns the acts
of thirty of the inhabitants of this place, it is high time for him to
reflect seriously on the consequences. The Penitentiary system is the
result of the refinement of the eighteenth century. As man advances in
the sciences, in the arts, in the intercourse of social and civilized
life, in the same proportion does crime and vice keep an equal pace,
and always makes demands on the wisdom of legislators. Now, what is
the Lynch law but the Penitentiary system carried out to its full
extent, with a little more steam power? or more properly, it is simply
thus: _There are some scoundrels in society on whom the laws take no
effect; the most expeditious and short way is to let a majority decide
and give them_ JUSTICE."
Let the reader notice, 1st, that this outrage was perpetrated with
great deliberation, and after it was over, the victim was commanded to
leave town by the next week: when that cooling interval had passed,
the outrage was again deliberately repeated. 2d. It was perpetrated by
"thirty persons,' "_the most respectable in the city_." 3d. That at
the second lynching of Fife, several of his neighbors who had gathered
to defend him, (seeing that all the legal officers in the city had
refused to do it, thus violating their oaths of office,) _were knocked
down_, to which the editor adds, with the business air of a
professional butcher, "nothing _serious_ occurred!" 4th. That not a
single magistrate in the city took the least notice either of the
barbarities inflicted upon Fife, or of the assaults upon his friends,
knocking them down, &c., but, as the editor informs us, all "seemed to
acquiesce in the proceedings." 5th. That this conduct of the
magistrates was well pleasing to the great mass of the citizens, is
plain, from the remark of the editor that "every one supposed that the
whole subject was ended," and from his wondering exclamation, "WHAT
WAS OUR ASTONISHMENT to hear that Mr. C.R. Kinney had actually took
upon him to examine witnesses," &c., and also from the editor's
declaration, "Such an excitement we never before witnessed in our
town." Excitement at what? Not because the laws had been most
impiously trampled down at noon-day by a conspiracy of thirty persons,
"the most respectable in the city;" not because a citizen had been
twice seized and publicly tortured for hours, without trial, and in
utter defiance of all authority; nay, verily! this was all
complacently acquiesced in; but because in this slaveholding Sodom
there was found a solitary Lot who dared to uplift his voice for _law_
and the _right of trial by jury_; this crime stirred up such an uproar
in that city of "most respectable" lynchers as was "_never witnessed
before_," and the noble lawyer who thus put every thing at stake in
invoking the majesty of law, would, it seems, have been knocked down,
even in the presence of the Court, if the blow had not been "parried."
6th. Mark the murderous threat of the editor--when he arraigns the
_acts_," (no matter how murderous) "of thirty citizens of this place,
it is high time for him to reflect seriously _on the consequences_."
7th. The open advocacy of "Lynch law" by a set argument, boldly
setting it above all codes, with which the editor closes his article,
reveals a public sentiment in the community which shows, that in North
Carolina, though society may still rally under the flag of
civilization, and insist on wrapping itself in its folds, barbarism is
none the less so in a stolen livery, and savages are savages still,
though tricked out with the gauze and tinsel of the stars and stripes.
It may be stated, in conclusion, that the North Carolina "Literary and
Commercial Journal," from which the article is taken, is a large
six-columned paper, edited by F.S. Proctor, Esq., a graduate of a
University, and of considerable literary note in the South.
Having drawn out this topic to so great a length, we waive all
comments, and only say to the reader, in conclusion, _ponder these
things_, and lay it to heart, that slaveholding "is justified _of her
children_." Verily, they have their reward! "With what measure ye mete
withal it shall be measured to you again." Those who combine to
trample on others, will trample on _each other_. The habit of
trampling upon _one_, begets a state of mind that will trample upon
_all_. Accustomed to wreak their vengeance on their slaves, indulgence
of passion becomes with slaveholders a second law of nature, and, when
excited even by their equals, their hot blood brooks neither restraint
nor delay; _gratification_ is the _first_ thought--prudence generally
comes too late, and the slaves see their masters fall a prey to each
other, the victims of those very passions which have been engendered
and infuriated by the practice of arbitrary rule over _them_. Surely
it need not be added, that those who thus tread down their equals,
must trample as in a wine-press their defenceless vassals. If, when in
passion, they seize those who are _on their own level_, and dash them
under their feet, with what a crushing vengeance will they leap upon
those who are _always_ under their feet?
* * * * *