New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-04-23
Lynch Law in California.

DdCh olu' Al al Poi'0 Va VIZ 'N'O 80
the established centres of trade on the
coast, as we'll as the nomadic communities
of the wild mining regions-there Is dis
position among the people to ignore the
judicial authorities regularly created under
the State Government, and to take the adj
ministration of justice into their own hands
The California journals abound with reci-
tails of cases, where criminals, who were
apprehended for theft, highway robbery,
ard similar crimes, were judged-in some
instances without any form of trial-and
Immediately executed. These exhibitions
of mob law are not the result OF sudden
excitement, nor Of some local feud, as in
the case of the Sacramento riots. They
grow out of a universal impotence with
the slower and more uncertain processes
of law, occasioned partly by the want of
material safeguards and partly by the very
loose and imperfect manner in which the
Law has been administered by many Of its
proper officers. That this sentiment is
general, is proved by the fact that the
newspapers either apologize for the course
pursued by the people, or at best but feebly
denOunce it.
During the chaotic period of Californian
history, when the temporary authorities Of
the United States were wholly disregard
ed, Lynch Law, as it is termed was the
only law applicable to the circumstances.
Where there was every facility for the
commission of crime, and no such thing as
individual security, the scattered cOmmuni-
ties were justified in adopting their own
laws, and visiting every violation with a
sudden and terrible retribution. This was
far from being Mob Law. Each commu-
nifty vas a little republic, selfsubjected to
a more than Spartan severity of discipline.
And in no case, we believe, was punish
ment administered, without the most clear
and unequivocal proof of guilt.
After the establishment of the State or
ganization, the mining regions were divided
into Counties, and brought under the ope-
ration of the State. laws But thus far,
with few exceptions, these laws have proved
totally inadequate to the restriction of
crime and the maintenance Of order. The
candidates for office were in many cases
chosen at hazard, and were wretchedly
unfit for their position. The same want
of effective prisons and guards remained,
while the seat of Justice was so far distant
from the remote mountain diggings, that
the strict observance of the law was work
of much difficulty and cost. In the mean
time, the communities have received large
accessions from the border mArauders of
Mexico, the convict population of Austria
liza and the thieves and blackle 8 Of every
civilized nation on the globe. Crime of all
kinds has fearfully increased and the country
during the past Winter has actually been
less secure than before the formation of the
Constitution.
Under these circumstances We are not at
all surprised that the people should exhibit
disposition to return to their former rigid
code. The majority of the miners are
plain, practical, law abiding men, but they
are impatient quick in resentment, and the
precarious nature Of their trade leads them
TO favor short accounts and speedy settle
ments. As in the former case, the violent
course they have adopted has been dictated
by the instinct of orde rather than the blind
and lawless spirit Of mob rule.
But they have ventured on a most haz-
ardous experiment. California now pos
sesses ar organization competent to protect
the lives and property of all her citizens.
and no case has yet occurred justifying an
open violation Of her authority. Insso-
ciety so peculiarly constituted, such a bold
and general disregard Of the Law will lead
TO worse ills than those which it attempted
TO remove. We have already an instance
of this in the last case OF lynching, on the
Costume River, where two men were
hung without trial and without positive
evidence of guilt. There are great defects,
undoubtedly, in the manner in which as
tice is at present administered, and perhaps
some broad departures from the ordinary
course must of necessity be adopted, but
We have not heard that any appeal for re-
form has been made to the Legislature. or
that any peaceable resort has been tried.
When all other means have failed, it will
be time enough 10 adopt course involving
the most solemn responsibility which any
community can assume. BIT.