The Davenport gazette. [volume] (Davenport, Scott Co., Iowa) 1841-185?, 1850-01-10
For Me Gasetse. ]
LYNCH LAW. aaalla 3

that not far from your neighborhood, though
not 10 your State, there have been withir
the course off little more than year, tws
cases Of Lynching Of an aggravated des
cription; and as | hare waited in vain 4
hear the matter taken up BY The pulpit ant
The press, wish, If you will give me spf
ficient portion Of your space, to make few
refnarks on the subjcc. Of Lynch Law il
general. ! write them to you because you
have always beon fearless in your suppor,
Of the right and denunciation Of the wrong
--no faint praise, where SO many papers
have been found taking the part Of the
strongest in defiance oi what was just and
legal.
The only safeguard Of the commonwealth
is The supremacy Of the law. Liberty and
security can only be preserved by placing
the governing code beyond the reach Of any
but The law-making power, SO that every
individual may receive from il protection
while innocent, and punishment when gull
~. The administration Of justice is one
Of tho most solemn acts which one man Or
a number Of men can engage in, and the
common consent Of all nations has clothed
il with severe dignity, before which the
purest do homage aud the most abandoned
,remblc. The sovereign people in arrang>
ing and snnctioning the laws BY which they
chose to be governed, surrounded them BY
checks which defined their powers and lin
its 10 a hairs breadth. Thus tho trial by
Jury became vital defence to the liberties
Of individua,s--thns tho law holds sacred
eycnlllc person Ola crimina! from all but
the exact punishment awarded by The s:as-
u,cs. Ifa jsdge innicts penalty heavier
by one straw than the law directs, the law
Al once makes him ans werable for the Of
fence. And why? because the law .on-
templates The prevention and punishment
of wropg no, only in the people generally
hui in those who administer it. The Ina-
mem that justice oyersteps certain limi,
i, becomes crime, and falls into a contempt
and adherence, dangerous alike to its own
authority and the liberties Of the people
if,hen the people 10 establishing codes i'm
posed such checks upon their representa-
lipes 10 Tho courts Of justice, what will be
thought ofindiyiduais who without the form
ality Of trial, without the decencies Of a
court, in defiance Of the stern prohibitions
ofihc law, inllict upon persons under sosi
picion punishments st which immaculate
Justice herself would shudder.
II the principle Of LyrchLaw is allowed
where arc we 10 stop! Do not the very
men who ipflict this law, grant tacitly 10 o
stronger body than themselves who may
happen TO disapproyc Of their law-breaking
cruelty, the right 10 take them from their
homes under cloud Of night, lash them, bea,
them with clubs, and s,rangle them with
cords, III they have ''died a thousand
deaths in fearing onc;' 'or can they murmer
if,l,eir victims who have an equal right 10
constitute themselves judges (and Indeed
greater, for they would not act upon suspi-
cion, but upon the direct evidence Of their
own scnses) should repay the overplus Of
punishment. according 10 their own estin,a'
ton or tho offence, and take terrible ven
gennce upon all the parties concerned. \
this principle is carried out what an amount
ofcrime Nigh, be justified BY i. On thii
principle the marty rdonof the christian
by The Romnns ceases to he wrong. On
hi. principle the internal machine Of Fies
CHI was an inspired instrument Of justice
tho Red Republicans wero patriots as pure
as snow, and the barricades Of June the
temples of right and truth. On this prin.
cip!e The best governments may be over
thrown, property become name, and the
world a charnel house fuliof rio.lng, out
4 ra
rage, and blood. 5d @ $50
Lynching, bad enough under any form
OF government, becomes doubly bnse and
doably dangerous inn Republic. II there
Is any shadow of excuse for il, i may be
made in tho case Of tho unreprescnted
masses Of ofmonarclical governments, who
have no hand in making the laws. But in
republican government. withthe best civ.
il code il, lie world, The crime becomes
mons,rous. The ecssence oftrue republican
ism consists in the administration Of laws
framed accordingto the will of'hs majority
ofthe people who arc 10 be governed By
them, il therefore q man or mob assuine: