CHAPTER I
THE LYNCHING OF NEGROES IN THE SOUTH PREVIOUS TO THE CIVIL WAR

It is generally supposed that the custom or practice of lynching in this country had its origin in the method of punishment used by a Virginian farmer named Lynch, who during the Revolutionary War sought in this way to maintain order in his community or section,—hence, Lynch’s Law, and Lynch law, from which comes the word “lynching.”

In the beginning, however, the term seldom, if ever, conveyed the meaning “to put to death”; nor does it appear that Negroes were lynched even so often as whites. The methods of punishment in the majority of cases consisted of riding the victim on a rail, beating or whipping him, and often of giving him a coat of tar and feathers.

Moreover, it does not appear that lynching in any form was very common in the early history of the country. Indeed, in 1839 a writer in the Southern Literary Messenger[10:1] began a brief article on the subject with the following:

“Forty years ago the practice of wreaking private vengeance or of inflicting summary or illegal punishment for crime actual or pretended which has been glossed over by the name Lynch law was hardly known except in sparse, frontier settlements beyond the reach of courts and legal proceedings.”

Newspapers, periodicals, and other literature of the time show,—as the years pass,—an interesting change in the meaning of the term Lynch law. As the practice of lynching increased, the methods of the executors of this law became more severe, and it grew more often to mean “a putting to death.” Possibly the change in meaning was partly due to the fact that lynching came to be a favorite means of punishment for abolitionists, their Negro dupes, and for both Negroes and whites who might be found guilty of unusual or shocking crimes.

The change from the mild to the severer meaning of the term was gradual. From 1830 to 1840 it seldom meant “to put to death”; from 1850 to 1860 it very often had that meaning, and by 1870, or 1875,—this became the almost exclusive interpretation of “lynching,” even as at present.

The “New English Dictionary” defines Lynch law as “the practice of inflicting summary punishment upon an offender, by a self-constituted court armed with no legal authority; it is now limited to the summary execution of one charged with some flagrant offense.” So this is about the sense (unless otherwise indicated) in which I shall use the expression “Lynch law,” or “lynching,” in these pages.

In seeking a cause for the great increase of lynching, whether in its milder or severer form, from about 1830, I think one need not hesitate to give first place to the Anti-Slavery agitation; and the Southampton Slave Insurrection is also to be considered as contributory.

When, about 1830, the Anti-Slavery agitation began to attract some attention there were a number of anti-slavery societies in the South. These, however, soon broke up as those formed in the North became unreasonable. The net effect of the societies in the North was to produce distrust and even hatred at the South. It could hardly have been otherwise, for the Northern anti-slavery propagandists during the whole period of such agitation seemed to have regard for neither law nor common sense. Nothing better could have been expected from them, however, as, for the most part, the abolitionists were poor, misguided men and women. Instead of adopting persuasive methods and of showing a fair and conciliatory spirit, they were dictatorial, inflammatory and menacing. And by whatever of higher law or Divine inspiration they may have claimed to be actuated, they failed to recognize the fact that they had to deal with human beings and human institutions.

Again, on whatever lofty plane of morality they professed to stand, their propaganda did not comprehend even ordinary honesty. Indeed, it appears as only another illustration,—for history affords so many instances,—of self-elected good men endeavoring to impose their own half-blind perception of the way of the Lord, or their own ideas of what constitutes righteousness on their open-eyed and superior fellow-men, and exerting themselves to the utmost of their ignorance in such efforts,—thus, as is usual in such cases, making hell on earth. Even the Kaiser claims to be the agent of the Lord.

William Lloyd Garrison, the leading exponent of the abolition movement, called the Constitution of the United States “An Agreement with Death and a Covenant with Hell.” In the beginning his most earnest supporters were some pious old women, who doubtless with fair intelligence and good intentions, like many professed good people, let their emotions aided by their imagination get the better of their heads. They seemed to enjoy criticizing the South, with the occasional diversion of holding prayer-meetings for Negroes.

However, it was a long while (even in the North) before the abolition movement gained much headway. Garrison himself was treated with scarcely more consideration in the North than awaited those Apostles of anti-slavery that should go South, having persuaded themselves that they were called to preach the “gospel” of abolition in that benighted section. Indeed, once, in 1835, he hid himself in order to escape from a mob of some thousands of people,—including many of the leading citizens of Boston,—that had collected in front of his office. Some of the crowd found him and soon had a rope around his neck, but he was rescued by the mayor of the city. About two years later, however, a noted abolition editor, Rev. E. P. Lovejoy, was killed by a mob in Illinois.

In 1856 The Liberator made the following remarkable statement in regard to the treatment of abolitionists in the South:

“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 occasion—in most cases unsupported by legal proof—of carrying among the slaveholders arguments addressed to their own intellects and consciences as to the morality and expediency of slavery.”[14:2]

This is evidently a great exaggeration. If it were alleged that over three hundred had been “lynched,” bearing in mind that during those years the word, more often than otherwise, meant giving the victim a coat of tar and feathers, and so on, it would not even then be in accord with what is indicated by better evidence. Books of travel and other literature of the time fail to show that any great number of abolitionists in the South met death by lynching during the period in question.

Indeed, a booklet, “The New Reign of Terror,” published early in 1860,—and in all probability compiled by Garrison himself,—is weighty evidence against the truth of this statement. According to The Liberator, the booklet gave “multiplied newspaper accounts of lynchings, murders, and mob raids of the Black Power of the Slave States within the past year [1859].” Although this was a time of intense excitement throughout the South,—a time when a more bitter feeling was manifested against abolitionists than in any previous period, a careful examination of the “New Reign of Terror” failed to reveal more than one case in which an abolitionist was put to death by lynching.

There is much evidence of a law-abiding spirit in the South (especially in the eastern part) at the beginning of the Anti-Slavery agitation. Indeed, even when lynching was resorted to, it seems to have been done with great reluctance.

Another thing that had some effect on lynching was the Southampton Slave Insurrection, which occurred in 1831. About sixty white men, women, and children were murdered in cold blood by Negroes. However, not more than one of the fifty or more Negroes concerned in it was lynched. Instead, they were given a fair trial, and disposed of according to law. The Insurrection may have caused an increase in the lynching of Negroes by the fact that it begat a kind of fear and distrust of the blacks everywhere, caused them to be more carefully looked after, and more severely dealt with when refractory or guilty of crime.

This was no more than could be expected. In 1835 there were four great fires in the city of Charleston,—all supposed to have been the work of slaves. Moreover, up to 1860 there were rumors of insurrections, and many minor insurrections did take place. The abolitionists, not without reason, were accused of trying to set the slaves against their masters and of fostering outbreaks of the bondmen.

Such things could hardly be considered lightly, for in many places the whites were practically at the mercy of the Negroes. A quotation from Murray,[16:3] an English traveler, may be interesting as it gives an example of the situation in many of the Slave States:

“The farms of the two gentlemen whom I visited occupied the whole of the peninsula formed by the James River; they had each two overseers: thus (their families being young) the effective strength of white men on their estates amounted to six: the Negroes were in number about two hundred and fifty: nor was there a village or place within many miles from which help could be summoned.”

Could one reasonably expect that any man so situated would be inclined to be too ceremonious with any person, black or white, however innocent or saintlike his looks, who might be caught tampering with the Negroes and thereby jeopardize the safety of his family and those of his neighbors as well? When one considers the exasperating circumstances, the wonder is not that there were so many lynchings but rather that there were so few, comparatively.

Some interesting lynchings occurred in 1835. They were widely commented upon at the time. One, the case of a mulatto from Pennsylvania, who was supposed to have some connection with the abolitionists, was burned at St. Louis for killing an officer who was trying to arrest him for some crime he had committed. The judge’s charge to the grand jury in reference to the matter is worth consideration as it indicates the attitude toward lynching shown at the time by those in authority:

“He told the jury that a bad and lamentable deed had been committed in burning a man alive without trial, but that it was quite another question whether they were to take any notice of it. If it should prove to be the act of a few, every one of those few ought undoubtedly to be indicted and punished; but if it should be proved to be the act of the many, incited by that electric and metaphysical influence which occasionally carries on a multitude to do deeds above and beyond the law, it was no affair for the jury to interfere with.”[18:4]

The same year, 1835, two Negroes were burned near Mobile.[18:5] The circumstances were these:

Upon the failure of a certain little girl and her brother to return from school at the proper time a search was made and the body of the girl at last found. It appeared that she had been violated, then murdered, and her body hid in order to conceal the crime. Soon after this, two young ladies of Mobile were seized by two Negroes near the place where the body of the little girl was found. The young ladies escaped. At once suspicion pointed to these Negroes as the murderers of the children. They were arrested, tried by the court, and found guilty. The gentlemen of Mobile, it is said, then seized the Negroes, took them to the place of their crime, and burned them. For it was felt that the law did not furnish adequate means of punishment for such fiendish criminality.

Another noted instance of lynching took place at Vicksburg in the same year. This time it was not a Negro but whites that were lynched.

For many years the population of the Mississippi Valley had been increasing rapidly. The courts of law were so few, weak, or dilatory, that the better citizens sometimes found it necessary to take the law into their own hands in order to insure for themselves protection. Such was the case at Vicksburg. Some gamblers had lately made this town their home and had established themselves at the low taverns to which they decoyed the young men of the vicinity. These, after being plundered and debauched, often cast their lot with the gamblers and became almost as desperate as their corrupters. After a while all restraint was thrown off, and the gamblers went about the streets even in the daytime armed with deadly weapons, and by their insults, drunkenness, and crimes, made themselves a terror to the inhabitants.

At length the people, having decided to put an end to such conditions, held a meeting and passed resolutions, giving the gamblers notice to leave within twenty-four hours. But, instead of doing so, they garrisoned themselves in a house. This the men of the town surrounded, and breaking open a door, they were fired upon from within, one of the most prominent men of the town being killed. This so enraged the people that they took the house by storm. Five of the gamblers were made prisoners. Then a procession, headed by the leading men of the town, led the gamblers to execution, hung them, and buried them together in a ditch.

Featherstonhaugh, an English traveler, in writing of the Mississippi gamblers, says:

“In various travels in almost every part of the world, I never saw such a collection of unblushing, low, degraded scoundrels.”[20:6]

He also quotes a passage from a justification of the above lynching, which was drawn up by the people of Vicksburg, and is as follows:

“Society may be compared to the elements, which, although, ‘order is their first law,’ can sometimes be justified only by a storm. Whatever, therefore, sickly sensibility or mawkish philanthropy may say against the course pursued by us, we hope that our citizens will not relax the code of punishment which they have enacted against this infamous, unprincipled, and baleful class of society; and we invite Natchez, Jackson, Columbus, Warrenton, and all our sister towns throughout the State, in the name of our insulted laws, of offended virtue, and of slaughtered innocence, to aid us in exterminating this deep-rooted vice from our land. The revolution has been conducted here by the most respectable citizens, heads of families, members of all classes and professions and pursuits. None have been heard to utter a syllable of censure against either the act or the manner in which it was performed; and so far as we know, public opinion, both in town and country, is decidedly in favor of the course pursued. We have never known the public so unanimous on any subject.”

Only a few days before the Vicksburg affair two white men and seven Negroes were lynched about forty miles from Vicksburg on the charge of attempting to organize an insurrection of slaves. Featherstonhaugh quotes the following account of it from a newspaper:

“Twenty miles from this place [Jackson, in Madison County] a company of white men and Negroes were detected before they did any mischief. On Sunday last they hung two steam doctors, one named Cotton and the other Saunders; also, seven Negroes without law or gospel, and from respectable authority we learn that there were two preachers and ten Negroes to be hanged this day.”

That such lynchings were exceptional in the South before about 1855, or even before the war, is shown by the fact that these cases were mentioned by several different travelers and the papers of the time as well. I examined with more or less care books of travel too numerous to mention,—scores of them,—for the period between 1830 and 1860. Those travelers, especially, who visited the South between 1838 and 1854 are eloquently silent on the subject. I examined The Liberator[22:7] for 1839 and 1840, but found mention of only one Negro who was put to death by a mob. No State was given so I am not sure whether it was in the North or the South. However, it gave five instances of Negroes legally executed in the South; one for rape, one for arson, one for firing on two white men and threatening two others, and two for connection with an attempt at insurrection. Two more cases may be given: that of a Negro in New Orleans suspected of rape and murder, and one sentenced in Kentucky for rape upon two white women.

Again, a search of The Liberator for 1848 and 1849; Niles’ Register, July, 1845-January, 1849; The Vicksburg Sentinel, and The Augusta (Va.) Democrat, July, 1846-January, 1849, reveal but two lynchings: One a Negro “hung by a committee of citizens” at Bentonville, Arkansas; the other, a white man named Yeoman, in Florida, for robbery. The latter was given both by Niles’ Register and a book of travel. However, one Negro was sentenced to death in the South for rape, and ten legally executed, the majority for murder.

As one might naturally expect, The Liberator for 1855 and 1856 shows several lynchings in the South. At least six Negroes were lynched in the South during these years,—two for rape (one of whom was burned) and four for murder (one of whom also was burned). Two of these criminals were lynched in Arkansas by a mob,—after being acquitted by the court,—led by the sons of their master, whom they had killed. Two white men were also lynched: one, in Texas, for stealing Negroes, and the other, in Missouri, for poisoning a spring. Moreover, eighteen Negroes were legally executed in the South: two for rape, and nearly all the others for murder. In addition, seven Negroes were mentioned as under sentence of death.

A quotation from Bancroft clearly shows that the number of lynchings in the South at this time hardly compares with the number in the West:

“Out of 535 homicides which occurred in California during the year 1855,” he says, “there were but seven legal executions and forty-nine informal ones.”[24:8]

One does not need to go far in order to find the causes of the increase of lynching in the South after 1850, or for the disorder and commotion both North and South as well.

In 1850 the Fugitive Slave law was passed. The endeavor to enforce it gave great impetus to the abolition cause in the North; this reacted on the South. Indeed, many of the same men who were ready to hang Garrison in 1835, now became his earnest adherents. This great change in the feeling of the North opened the way for the enthusiastic reception of “Uncle Tom’s Cabin” when, in 1852, it was published in book form. The author of this book ingeniously made the isolated and exceptional incidents of slavery appear as the general condition of the institution; however, as for the chief character of the book, Uncle Tom, it is very doubtful whether the pure Negro race ever produced such an individual. Nevertheless, this piece of fiction was read by hundreds of thousands both in the North and in foreign countries as if it were “Gospel truth.”

Another thing that added to the excitement and helped the abolitionists was the Dred Scott Decision, given in 1857. Then, in 1859, came “Helpers’ Impending Crisis,” a book of great influence. At last, in 1859, as if to “cap the climax,” the whole country was startled by John Brown’s Raid. After this, the greater part of the South, suddenly, became an extremely unhealthful place for both abolitionists and unruly, criminal, or insurrectionary Negroes.

“The New Reign of Terror,” mentioned above, published early in 1860, not many months after John Brown’s Raid, has the following, which indicates the then feeling in the South:

“In almost every city, town, and village south of the border slave-holding States, Vigilance Committees have been appointed to put to inquisition every Northern man who makes his appearance in the place, whether as foe or friend. Even harmless young women, who have gone from Northern boarding schools to be teachers of Southern children have been waited upon by respectable and even clerical gentlemen with the polite hint that the sooner they leave the State the better for their safety.”

The Augusta Dispatch[25:9] warned the South against “strange loafing white men, and especially the one-horse invalid preachers from the North,” for it said:

“We would guard well against imposition from transient ‘candles of the Lord’ lest we suffer them to light the fires of insurrection, instead of bearing aloft the light of the Gospel.”

Indeed, in many Southern States there were rumors of Negro insurrections. In Mississippi, Georgia, and Alabama plots of Negro insurrections were discovered in 1860. In Texas, however, the greatest excitement prevailed. What was supposed to be a State-wide insurrection was discovered. Dallas and other towns were partly burned before it was checked.

The excited state of the public mind in some instances may have suspected plots of insurrection when none existed. However that may be, wherever and whenever such a plot was discovered, investigation nearly always pointed to the abolitionists as the instigators. Indeed, even when Negroes were insubordinate and refractory on a plantation, it was often found that they had been tampered with by abolitionists.

Occasionally, when such things were proved against an abolitionist beyond the possibility of a doubt, he would be immediately hanged to the limb of some convenient tree. Several were so dealt with in connection with the insurrection in Texas. As a rule, however, when the proof was not so conclusive, a severe whipping, or a coat of tar and feathers, would be given him, and then he would be forcefully admonished to leave the South.

One cannot but reach the conclusion that the anti-slavery agitation was detrimental to the happiness and welfare of the slaves, and to the free Negroes as well. Of the latter there were in the slave States (by the fifties) something like 225,000. The majority of these were indolent, miserable, and often vicious. Finally some States passed laws giving them the option of leaving such State or of being sold into slavery.

Nearly everywhere more stringent regulations and laws[27:10] were made both for slaves and for free Negroes. The slaves were deprived of many former privileges, the enjoyment of which by the Negroes might be dangerous for the white people. They were more closely guarded and much more harshly dealt with when guilty of offenses or crimes. Indeed, three Negroes in as many States were burned in 1859 for the murder of their masters,—one of these was burned before 1,500 or 2,000 people.

Nevertheless, it is quite evident that throughout the period from 1830 to 1860 the lynching of Negroes was sporadic,—and usually was resorted to only for exceptional reasons. Generally the law was allowed to take its course. However, it is also plain that after 1850 the law was relied on less and less, while the people more and more assumed the initiative in such matters as the excitement increased. What was true as regards the Negro was undoubtedly true also as regards the treatment of the abolitionists.


FOOTNOTES:

[10:1] Vol. V, p. 218.

[14:2] The Liberator, Dec. 19, 1856.

[16:3] Murray, “Travels in North America,” Vol. I, p. 166.

[18:4] Harriett Martineau, “Retrospect of Western Travel,” pp. 30-1.

[18:5] Ibid., “Society in America,” Vol. II, pp. 141-2.

[20:6] G. W. Featherstonhaugh, “Excursion through the Slave States,” pp. 136-9.

[22:7] In using The Liberator one needs to be careful, for the same instance is often found to be given two or three different times,—weeks, even months apart.

[24:8] H. H. Bancroft, “Popular Tribunals,” Vol. I, p. 749.

[25:9] Quoted by Liberator, Aug. 24, 1860.

[27:10] The attitude toward both slaves and free Negroes varied in different Southern States; but as a result of the anti-slavery agitation, as we approach 1860 the more severe it becomes.