New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-06-01
Mr. BONAPARTE on LYNCBING.

Mr. Charles ]. Bonaparte has been writing
IN lynch Law and It's Remedy for The
Yale Law Journal" Knowing Mr. Bonapartes
eminence as a reformer and philosopher ana
q COURAGEOUS Spokesman for all better elements
in dealing with public problems. we hoped TO
find in this article, from a man who knows
and svmpath!zes with the South, while large
enough 70 be above its narrower pre1udices'
tho solution so long sought Of this momentous
question But we find instead a philosophical
discussion and some suggestions for making
criminal procedure more speedy and effective,
which do not touch the real difficulty in the
regions where the lynchng evil Is at its worst.
There IS one more thing we find. That Is
hints of a pretty thorough-gohg belief in the
desirability of concerning the brute force in
human nature Mr.. Bonaparte infers that
the savagery Of lynchngs is an outcrop'
ming Of the innate hatred of wrongdong and
1,iltv mon (which is an essential element
| in everv healthy human mind" and shows
| q disnosition to revert from humanitarian de-
mands for PAINLESS punishment TO the views
| of rho lawmakers of two hundred or three hun
| dred veors ago. who wished and tried to make
executions painful partly, no doubt because
"they supposed that this would tend the more
|
"ure because of the grim pleasure it gave them
"to insure a bad time for bad people win
the recent Georgia burning and liver-slcing in
his mind he saws: I'VE must not suppose hui
| imam nature changed because those times are
mast. the instinct which prompted such senti-
| "ments and such laws. though fortunately
"tamed and chastened is. yet more fortunate
"lv. not dead. and 1t must be allowed vent
"vithn the law or. ms | have already sug-
"gested Il will prove too strong for the law
| Rut to turn from Mr. Bonaparte's disappoint-
| ing belief I'm giving bad men bad times, we
| find that he proposes three remedies for lynch
inc First he would increase the number OF
canital offences, and also kill habitual Grim
Inals-that is. make death the penalty for the
third conviction Of major crime. Second, he
would abolish grand jures and otherwise
hasten trials and make convictions more easy
Third he would restrict the pardonng power
The second and third remedies are frequently
suggested The first Is novel and startling
II offers a tempting field for discussion, which
we shall not enter. We leave others to com
mare his scheme with the severe criminal code
| of England which into this century kept the
, bangman busy but did not much reduce crime
Nor shall we allow ourselves to be classed will
the welmeaning people Of misplaced and NOR
bid sympathy for evil-doers, who, Mr.. Bona
parte saws. will not favor his plan. We arr
simply going TO ask II his remedy meets thu
disease.
We think 1t does not Speedier trials Sc
| verer and more certain punishment might her
1 and there prevent n lynching. But they woul'
2 not touch the real lynchng evil fof that -four
ishes without excuse OF the laws delay o
e leniency The lynchlngs which have dis
: graced this Nation are not those rare case
= where the patience of communities has bee
Il | unendurably tried by incompetent corrup
" courts or inadequate legal penalties. They mr.
4 | the murders OF accused or obnoxious men i
l. mere savagery. The wretches charged wit
@ 1.-THE usual crime" In the South would be sure
II ly and speedily executed by law ir guilty.
It is difficult TO believe that any such laws as ar
e proposed by Mr. Bonaparte would in the eas
Z reconcile the mobs To forego the indulgence
IL such cases Of their own tastes for blood. The
J. there are the lynchings on general principles
e The crowd gets the wrong man, bus II want
e TO kill somebody. II suspects that a perso
n in it's power may have aided real crimini
e 10 escape a lynching. understands" he hs
been "saucy" and talked about revenge fc
W wrongs done him or his friends ACCORDING
Is ", he is lynched Only a small percentage
D. the ynchings reported are those springing frol
10 legal shortcomings. Whatever Mr. Bonaparte
lie remedies might do for tho~a ksw cases we ca,