JOHN MARTIN, Foreman"

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?

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The Anti-Slavery Examiner, Part 3 of 4 · 第 161 / 294 题