Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-10-07

~~'~~~~~*~~- 1850
transaction.
Men who could give evidence generally re
manned silent for fear Of being summoned 70
williamsburg, and required to leave their fami
lies and their farms for months--to say nothing
of the trouble and expense Of the journey.
And even il witness should disregard all
these things, and come forward promptly in
order to promote the public good by testifying
against malefactor, he would have the satisfac-
ton, in majority Of instances, having his tes-
timony neutralized and destroyed by some vaga-
bond associate of the accused who could swear
as confidently as any man when SO far from the
vicinage, because it was impossible to prove
his character, or rather his want Of character.
Most of the evils which gave rise to Lynch Law
sprung from this source. In the Piedmont
country, and especially in that portion of it TO-
ward the borders Of North Carolina, horse
stealing was the most common offense. 1t
was pursued as business by bands Of lawless
men, who did not hesitate to commit other
crimes. Those bands protected their members,
and would rescue them, il they could, when ar
rested, or acquit them by false testimony when
arraigned, for stealing horse or committing
any other offense. When member Of one Of
these criminal associations, from the upper
country, was on trial at Williamsburg, the
honest witness almost invariably found himself
confronted by men who would blacken his
reputation and deny his statements. He was
too far from home to sustain himself or to
show the true character Of his assailants, and
the consequence was that the guilty escaped.
This state Of things demanded remedy
and the people of the Piedmont country adopted
a wiser and more humane course than any
other people have adopted under similar cir
cumstances. Their remoteness from courts Of
justice, and their primitive habits taught them
to settle their disputes and controversies, either
by fight or friendly arbitration. In every
district there were men of sound judgment and
high character, 10 whom controversies we're
constantly referred, and whose decisions were
regarded as final. Prominent among these
was man named Lynch, whose awards ex-
hibited so much justice, judgment, and i'm
partially that he was known throughout the
country as Judge Lynch. In the course
of time criminals were brought before him;
and he awarded such punishment as he thought
was Just and proper. He considered every
case calmly and dispassionately ard when he
entertained doubts as to the course to be pur-
sued, he would consult with calm aud dispas-
sionate men before he pronoanced that SEN
tence, from which there was no appeal. There
were other persons, in different districts, who
acted as arbitrators, and who awarded punish
ments but Judge Lynch was the most con-
spicnous, and consequently the system took
his name and was called Lynch Law. This
was compliment to his integrity and high
character, but Of late years it has been re-
garded as reproach, because violent and un-
men, such men as he was wont to
punish, have set the laws at defiance, and
whilst inAamed with passion or maddened by
q thirst for revenge, have usurped the prero-
gatiyes Of the courts Of justice.
The prevalent opinion that Judge Lynch was
a man of violence--the head of q band of Regu-
lators, or the leader ofrufian mobs-is an entire
mistake. He, and those who acted rs he did,
only decided the cases which were referred to
them; and cases were referred to them because
Of the confidence which the people reposed in
their good sense, impartiality, and integrity,
and because Of the inability of the courts Of
justice to protect the community. The Lynch
Law Of the olden time, bears no resemblance to
those infamous modern practices which have
been called by its name. 1t was only applied
when the courts were powerless, and was never
inflicted then without the sanction Of men Of
high character. Many of those who ad.
minister what is called Lynch Law in these
degenerate days, would, in times past, have
been inevitably brought before Judge Lynch
himself or before one of his associates, and
sternly punished for their violent proceed
ings. There is class Of offences easily
committed in the slave States which it is al
most impossible to prove by legal evidence in
a court of justice. This fact causes an occa-
sional resort TO Lynch Law in the country where
il originated. We can call to mind few In
stances; but always consultation of the most
intelligent and respectable men in the commu-
nifty was had before any action was taken.
The violence which sets the laws at defiance,
and the brutal action ofinfuriated mobs, are now
called Lynch Law, but they no more deserve the
name than the summary executions in the
streets of Paris during the French revolution.
The Old Commonwealth did not give birth to
Mob Law, and it has never prevailed within her
borders.
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