Note 1. Miss Martineau, speaking of the jealousy between the Americans and the French creoles, says— “No American expects to get a verdict, on any evidence, from a jury of French creoles.”

  Note 2. America though little more than sixty years old as a nation, has already published an United States Criminal Calendar (Boston, 1835.) I have this book in my possession, and, although in number of criminals it is not quite equal to our Newgate Calendar, it far exceeds it in atrocity of crime.

  Note 3. Some allowance must be made for the license of the reporters, but in the main it is a very fair specimen of the recorder’s style and language.

  Note 4. There is, as will appear by the quotations, as much fun in the police reports in New York as in the best of ours: the style of the Recorder is admirably taken off.

  Note 5. Miss Martineau, speaking of a trial for murder in the United States, says, “I observed that no one seemed to have a doubt of his guilt.” She replied, that there never was a clearer case: but that he would be acquitted; the examination and trial were a mere form, of which everyone knew the conclusion beforehand. The people did not choose to see any more hanging, and till the law was so altered as to allow an alternative of punishment, no conviction for a capital offence would be obtainable. I asked on what pretence the young man would be got off, if the evidence against him was as clear as it was represented. She said some one would be found to swear an alibi.

  “A tradesman swore an alibi; the young man was acquitted, and the next morning he was on his way to the West.”

  Chapter Ten.

  Remarks — Lynch Law.

  Englishmen express their surprise that in a moral community such a monstrosity as Lynch law should exist; but although the present system, which has been derived from the original Lynch law, cannot be too severely condemned, it must, in justice to the Americans, be considered that the original custom of Lynch law was forced upon them by circumstances. Why the term of Lynch law has been made use of, I do not know; but in its origin the practice was no more blameable than were the laws established by the Pilgrim fathers on their first landing at Plymouth, or any law enacted amongst a community left to themselves, their own resources, and their own guidance and government. Lynch law, as at first constituted, was nothing more than punishment awarded to offenders by a community who bed been injured, and who had no law to refer to, and could have no redress if they did not take the law into their own hands; the present system of Lynch law is, on the contrary, an illegal exercise of the power of the majority in opposition to and defiance of the laws of the country, and the measure of justice administered and awarded by those laws.

  It must be remembered that fifty years ago, there were but a few white men to the westward of the Alleghany Mountains; that the states of Kentucky and Tennessee were at that time as scanty in population, as even now are the districts of Ioway and Columbia; that by the institutions of the Union a district required a certain number of inhabitants before it could be acknowledged as even a district; and that previous to such acknowledgment, the people who had squatted on the land had no claim to protection or law. It must also be borne in mind, that these distant territories offered an asylum to many who fled from the vengeance of the laws, men without principle, thieves, rogues, and vagabonds, who escaping there, would often interfere with the happiness and peace of some small yet well-conducted community, which had migrated and settled on these fertile regions. These communities had no appeal against personal violence, no protection from rapacity and injustice. They were not yet within the pale of the Union; indeed there are many even now in this precise situation (that of the Mississippi for instance,) who have been necessitated to make laws of government for themselves, and who acting upon their own responsibilities, do very often condemn to death, and execute. (Note 1.) It was, therefore, to remedy the defect of their being no established law, that Lynch law, as it is termed, was applied to; without it, all security, all social happiness would have been in a state of abeyance. By degrees, all disturbers of the public peace, all offenders against justice met with their deserts; and as it is a query, whether on its first institution, any law from the bench was more honestly and impartially administered than this very Lynch law, which has now had its name prostituted by the most barbarous excesses and contemptuous violation of all law whatever. The examples I am able to bring forward of Lynch law, in its primitive state, will be found to have been based upon necessity, and a due regard to morals and to justice. For instance, the harmony of a well-conducted community would be interfered with by some worthless scoundrel, who would entice the young men to gaming, or the young women to deviate from virtue. He becomes a nuisance to the community, and in consequence the heads or elders would meet and vote his expulsion. Their method was very simple and straight-forward; he was informed that his absence would be agreeable, and that if he did not “clear out” before a certain day, he would receive forty lashes with a cow-hide. If the party thought proper to defy this notice, as soon as the day arrived he received the punishment, with a due notification that, if found there again after a certain time, the dose would be repeated. By these means they rid the community of a bad subject, and the morals of the junior branches were not contaminated. Such was in its origin the practice of Lynch law.

  A circumstance occurred within these few years in which Lynch law was duly administered. At Dubuque, in the Ioway district, a murder was committed. The people of Dubuque first applied to the authorities of the state of Michigan, but they discovered that the district of Ioway was not within the jurisdiction of that State; and, in fact, although on the opposite side of the river there was law and justice, they had neither to appeal to. They would not allow the murderer to escape; they consequently met, selected among themselves a judge and a jury, tried the man, and, upon their own responsibility, hanged him.

  There was another instance which occurred a short time since at Snakes’ Hollow, on the western side of the Mississippi, not far from the town of Dubuque. A band of miscreants, with a view of obtaining possession of some valuable diggings (lead mines,) which were in the possession of a grocer who lived in that place, murdered him in the open day. The parties were well known, but they held together and would none of them give evidence. As there were no hopes of their conviction, the people of Snakes’ Hollow armed themselves, seized the parties engaged in the transaction, and ordered them to quit the territory on pain of having a rifle-bullet through their heads immediately. The scoundrels crossed the river in a canoe, and were never after heard of.

  I have collected these facts to show that Lynch law has been forced upon the American settlers in the western states by circumstances; that it has been acted upon in support of morality and virtue, and that its awards have been regulated by strict justice. But I must now notice this practice with a view to show how dangerous it is that any law should be meted out by the majority, and that what was commenced from a sense of justice and necessity, has now changed into a defiance of law, where law and justice can be readily obtained. The Lynch law of the present day, as practised 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.

  The following are instances under the first head.

  Every crime increases in magnitude in proportion as it affects the welfare and interest of the community. Forgery and bigamy are certainly crimes, but they are not such heavy crimes as many others to which the same penalty is decreed in this country. But in a commercial nation forgery, from its effects, becomes most injurious, as it destroys confidence and security of property, affecting the whole mass of society. A man may have his pocket picked of 1000 pounds or more, but this is not a capital offence, as it is only the individual who suffers; but if a man forges a bill for 5 pounds he is (or rather, was) sentenced by our laws to be hanged. Bigamy may be adduced as another instance: the heinousness of the offence is not in having more than one wife, but in the prospect of the children of the first marriage being left to be supported by the community. Formerly, that was also pronounced a capital offence. Of punishments, it will be observed that society has awarded the most severe for crimes committed against itself, rather than against those which most offend God. Upon this principle, in the southern and western states, you may murder ten white men and no one will arraign you or trouble himself about the matter; but steal one nigger, and the whole community are in arms, and express the most virtuous indignation against the sin of theft, although that of murder will be disregarded.

  One or two instances in which Lynch law was called in to assist justice on the bench, came to my knowledge. A Yankee had stolen a slave, but as the indictment was not properly worded, he knew that he would be acquitted, and he boasted so, previous to the trial coming on. He was correct in his supposition; the flaw in the indictment was fatal, and he was acquitted. “I told you so,” said he, triumphantly smiling as he left the court, to the people who had been the issue of the trial.

  “Yes,” replied they, “it is true that you have been acquitted by Judge Smith, but you have not yet been tried by Judge Lynch.” The latter judge was very summary. The Yankee was tied up, and cow-hided till he was nearly dead; they then put him into a dug-out and sent him floating down the river. Another instance occurred which is rather amusing, and, at the same time, throws some light upon the peculiar state of society in the west.

  There was a bar-keeper at some tavern in the state of Louisiana (if I recollect right) who was a great favourite; whether from his judicious mixture of the proportions of mint juleps and gin cocktails, or from other causes, I do not know; but what may appear strange to the English, he was elected to an office in the law courts of the state, similar to our Attorney-General, and I believe was very successful, for an American can turn his hand or his head to almost anything. It so happened that a young man who was in prison for stealing a negro, applied to this attorney-general to defend him in the court. This he did so successfully that the man was acquitted; but Judge Lynch was as usual waiting outside, and when the attorney came out with his client, the latter was demanded to be given up. This the attorney refused, saying that the man was under his protection. A tumult ensued, but the attorney was firm; he drew his Bowie-knife, and addressing the crowd, said, “My men, you all know me: no one takes this man, unless he passes over my body.” The populace were still dissatisfied, and the attorney not wishing to lose his popularity, and at the same time wanting to defend a man who had paid him well, requested the people to be quiet a moment until he could arrange the affair. He took his client aside, and said to him, “These men will have you, and will Lynch you, in spite of all my efforts, only one chance remains for you, and you must accept it: you know that it is but a mile to the confines of the next state, which if you gain you will be secure. You have been in prison for two months, you have lived on bread and water, and you must be in good wind, moreover, you are young and active. These men who wish to get hold of you are half drunk, and they never can run as you can. Now, I’ll propose that you have one hundred and fifty yards law, and then if you exert yourself, you can easily escape.” The man consented, as he could not help himself: the populace also consented, as the attorney pointed out to them that any other arrangement would be injurious to his honour. The man, however, did not succeed; he was so frightened that he could not run, and in a short time he was taken, and had the usual allowance of cow-hide awarded by Judge Lynch. Fortunately he regained his prison before he was quite exhausted, and was sent away during the night in a steamer.

  At Natchez, a young man married a young lady of fortune, and, in his passion, actually flogged her to death. He was tried, but as there were no witnesses but negroes, and their evidence was not admissible against a white man, he was acquitted: but he did not escape; he was seized, tarred and feathered, scalped, and turned adrift in a canoe without paddles.

  Such are the instances of Lynch law being superadded, when it has been considered by the majority that the law has not been sufficiently severe. The other variety of Lynch law is, when they will not wait for law, but, in a state of excitement, proceed to summary punishment.

  The case more than once referred to by Miss Martineau, of the burning alive of a coloured man at St. Louis, is one of the gravest under this head. I do not wish to defend it in any way, but I do, for the honour of humanity, wish to offer all that can be said in extenuation of this atrocity: and I think Miss Martineau, when she held up to public indignation the monstrous punishment, was bound to acquaint the public with the cause of an excitable people being led into such an error. This unfortunate victim of popular fury was a free coloured man, of a very quarrelsome and malignant disposition; he had already been engaged in a variety of disputes, and was a nuisance in the city. For an attempt to murder another coloured man, he was seized, and was being conducted to prison in the custody of Mr Hammond, the Sheriff, and another white person who assisted him in the execution of his duty. As he arrived at the door of the prison, he watched his opportunity, stabbed the person who was assisting the Sheriff, and, then passing his knife across the throat of Mr Hammond, the carotid artery was divided, and the latter fell dead upon the spot. Now, here was a wretch who, in one day, had three times attempted murder, and had been successful in the instance of Mr Hammond, the sheriff, a person universally esteemed. Moreover, when it is considered that the culprit was of a race who are looked upon as inferior; that this successful attempt on the part of a black man was considered most dangerous as a precedent to the negro population; that, owing to the unwillingness to take away life in America, he might probably have escaped justice; and that this occurred just at the moment when the abolitionists were creating such mischief and irritation: — although it must be lamented that they should have so disgraced themselves, the summary and cruel punishment which was awarded by an incensed populace is not very surprising. Miss Martineau has, however, thought proper to pass over the peculiar atrocity of the individual who was thus sacrificed: to read her account of the transaction, it would appear as if he were an unoffending party, sacrificed on account of his colour alone.

  Another remarkable instance was the execution of five gamblers at the town of Vicksburgh, on the Mississippi. It may appear strange that people should be lynched for the mere vice of gambling: but this will be better understood when, in my second portion of this work, I enter into a general view of society in the United States. At present it will be sufficient to say, that as towns rise in the South and West, they gradually become peopled with a better class; and that, as soon as this better class is sufficiently strong to accomplish their ends, a purification takes place much to the advantage of society. I hardly need observe; that these better classes come from the Eastward. New Orleans, Natchez, and Vicksburgh are evidences of the truth of observations I have made. In the present instance, it was resolved by the people of Vicksburgh that they would no longer permit their city to be the resort of a set of unprincipled characters, and that all gamblers by profession should be compelled to quit it. But, as I have the American account of what occurred, I think it will be better to give it in detail, the rather as I was informed by a gentleman residing there that it is perfectly correct: —

  Our city has for some days past been the theatre of the most novel and startling scenes that we have ever witnessed. While we regret that the necessary for such scenes should have existed, we are proud of the public spirit and indignation against offenders displayed by the citizens, and congratulate them on having at length banished a class of individuals, whose shameless vices and daring outrages have long poisoned the springs of morality, and interrupted the relations of society. For years past, professional gamblers, destitute of all sense of moral obligation — unconnected with society by any of its ordinary ties, and intent only on the gratification of their avarice — have made Vicksburgh their place of rendezvous — and, in the very bosom of our society, boldly plotted their vile and lawless machinations. Here, as everywhere else, the laws of the country were found wholly ineffectual for the punishment of these individuals; and, emboldened by impunity, their numbers and their crimes have daily continued to multiply. Every species of transgression followed in their train. They supported a large number of tippling-houses, to which they would decoy the youthful and unsuspecting, and, after stripping them of their possessions, send them forth into the world the ready and desperate instrument of vice. Our streets were ever resounding with the echoes of their drunken and obscene mirth, and no citizen was secure from their villainy. Frequently, in armed bodies, they have disturbed the good order of public assemblages, insulted our citizens, and defied our civil authorities. Thus had they continued to grow bolder in their wickedness, and more formidable in their numbers, until Saturday, the 4th of July (inst), when our citizens had assembled together, with the corps of Vicksburg volunteers, at a barbecue, to celebrate the day by the usual festivities. After dinner, and during the delivery of the toasts, one of the officers attempted to enforce order and silence at the table, when one of these gamblers, whose name is Cabler, who had impudently thrust himself into the company, insulted the officer, and struck one of the citizens. Indignation immediately rose high, and it was only by the interference of the commandant that he was saved from instant punishment. He was, however, permitted to retire, and the company dispersed. The military corps proceeded to the public square of the city, and were there engaged in their exercises, when information was received that Cabler was coming up, armed, and resolved to kill one of the volunteers, who had been most active in expelling him from the table. Knowing his desperate character, two of the corps instantly stepped forward and arrested him. A loaded pistol and a large knife and dagger were found upon his person, all of which he had procured since he separated from the company. To liberate him would have been to devote several of the most respectable members of the company to his vengeance, and to proceed against him at law, would have been mere mockery, inasmuch as, not having had the opportunity of consummating his design, no adequate punishment could be inflicted on him. Consequently, it was determined to take him 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 the city in forty-eight hours. In the meantime, one of his comrades, the Lucifer of his gang, had been endeavouring to rally and arm his confederates for the purpose of rescuing him — which, however, he failed to accomplish.