New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-08-12
GOVERNOR TERRELUs "IF."

Governor Terrell of Georgia comedies the
whole Iynching case TO the mob when he says
that mo law however strictly enforced. will
absolutely stop lynchings for rape" That inch
of concession will become an ell by usurpation
All experience shows that the liberation of any
form of lawlessness leads to general lawless-
ness. Our present unhappy condition is directly
due to the indulgence given to lynching for rape.
The community which excused one piece of
barbarism could not take effective measures
against other manifestations of the same spirit
1t was timid about Furnishing lynchers who
killed mere thieves, even innocent persons,
lest 1t should seem to condemn lynching for
rape make the negroes 'saucy." The man
who stands for law with "if'' does not stand
for law at ali. He who says that the law can
not be made the adequate instrument to punish
even the most atrocious crime brings an indict-
ment against law and civilization itself To
say that lynching for rape must be endured is
TO say that government is a failure and that
organized, orderly society is unable to cope with
its problems, but is obliged to call in the aid Of
anarchy-only. it is explained. less frequently
than # has been in the habit of doing.
We agree entirely with Governor Terrell
that the delays and technicalities Of the law are
responsible for much lawlessness Our courts
in every section Of the country should be made
to realize this fact. When the trouble is not
with the conduct of judges and juries, but in
the state of the law ITSELF then procedure should
be reformed 10 whatever degree necessary to
secure the swift and sufficient punishment for
crime-even the crime of rape The idea that
for that one crime lit is necessary to deprive the
criminal of the rights granted him under the
Constitution put forth by THE Nashville
American" is absolutely vicious and destruc-
tive of our whole fabric of ordered liberty If
the rules of evidence and Of court procedure are
anywhere such that legal conviction cannot be
secured without submitting women to unneces-
sary humiliation and torture let them he
changed TO facilitate lawful trials in decency
and reasonable privacy. Surely society is able
TO provide for itself a criminal law ADEQUATE To
Its needs. if IT only sets about ii and is as
anxious to punish criminals legally as il IS
ready to see them handed over to the mob.
There is really the kernel Of the whole matter
the disposition of society. Do the people want
law or anarchy: Do they really want to put
down lynching. or do they only want to check
it bit, having been scared by the rapid spread
of barbarism? If they only want the lvncbers
TO 90 little slow and select their victims with
more discretion, then they might Just as we'll
keep still. They will accomplish nothing and
deserve TO accomplish nothing Law is IesI
GUS mistress, and does not share her dominion
with anarchy. If the people want a little spice
OF anarehy-only not too much-they must ex-
pect 10 submit themselves entirely TO the Meas
ure OF the mob. There is no middle ground
II il is lynching for rape to-day II will he lvnch
ing for anything the mob sees fit tomorrow
Any concession of the necessity of mob rule Al
all is a confession that our people cannot pro-
vide an adequate legal government for them
selves We do not believe that is true. We
believe that the people of Georgia and Of every