Diary in America, Series One

by Frederick Marryat

The following are instances under the first head.

Every crime increases in magnitude in proportion as it affects the welfare and interest of the community. Forgery and bigamy are certainly crimes, but they are not such heavy crimes as many others to which the same penalty is decreed in this country. But in a commercial nation forgery, from its effects, becomes most injurious, as it destroys confidence and security of property, affecting the whole mass of society. A man may have his pocket picked of 1000 pounds or more, but this is not a capital offence, as it is only the individual who suffers; but if a man forges a bill for 5 pounds he is (or rather, was) sentenced by our laws to be hanged. Bigamy may be adduced as another instance: the heinousness of the offence is not in having more than one wife, but in the prospect of the children of the first marriage being left to be supported by the community. Formerly, that was also pronounced a capital offence. Of punishments, it will be observed that society has awarded the most severe for crimes committed against itself, rather than against those which most offend God. Upon this principle, in the southern and western states, you may murder ten white men and no one will arraign you or trouble himself about the matter; but steal one nigger, and the whole community are in arms, and express the most virtuous indignation against the sin of theft, although that of murder will be disregarded.

One or two instances in which Lynch law was called in to assist justice on the bench, came to my knowledge. A Yankee had stolen a slave, but as the indictment was not properly worded, he knew that he would be acquitted, and he boasted so, previous to the trial coming on. He was correct in his supposition; the flaw in the indictment was fatal, and he was acquitted. “I told you so,” said he, triumphantly smiling as he left the court, to the people who had been the issue of the trial.

“Yes,” replied they, “it is true that you have been acquitted by Judge Smith, but you have not yet been tried by Judge Lynch.” The latter judge was very summary. The Yankee was tied up, and cow-hided till he was nearly dead; they then put him into a dug-out and sent him floating down the river. Another instance occurred which is rather amusing, and, at the same time, throws some light upon the peculiar state of society in the west.

There was a bar-keeper at some tavern in the state of Louisiana (if I recollect right) who was a great favourite; whether from his judicious mixture of the proportions of mint juleps and gin cocktails, or from other causes, I do not know; but what may appear strange to the English, he was elected to an office in the law courts of the state, similar to our Attorney-General, and I believe was very successful, for an American can turn his hand or his head to almost anything. It so happened that a young man who was in prison for stealing a negro, applied to this attorney-general to defend him in the court. This he did so successfully that the man was acquitted; but Judge Lynch was as usual waiting outside, and when the attorney came out with his client, the latter was demanded to be given up. This the attorney refused, saying that the man was under his protection. A tumult ensued, but the attorney was firm; he drew his Bowie-knife, and addressing the crowd, said, “My men, you all know me: no one takes this man, unless he passes over my body.” The populace were still dissatisfied, and the attorney not wishing to lose his popularity, and at the same time wanting to defend a man who had paid him well, requested the people to be quiet a moment until he could arrange the affair. He took his client aside, and said to him, “These men will have you, and will Lynch you, in spite of all my efforts, only one chance remains for you, and you must accept it: you know that it is but a mile to the confines of the next state, which if you gain you will be secure. You have been in prison for two months, you have lived on bread and water, and you must be in good wind, moreover, you are young and active. These men who wish to get hold of you are half drunk, and they never can run as you can. Now, I’ll propose that you have one hundred and fifty yards law, and then if you exert yourself, you can easily escape.” The man consented, as he could not help himself: the populace also consented, as the attorney pointed out to them that any other arrangement would be injurious to his honour. The man, however, did not succeed; he was so frightened that he could not run, and in a short time he was taken, and had the usual allowance of cow-hide awarded by Judge Lynch. Fortunately he regained his prison before he was quite exhausted, and was sent away during the night in a steamer.

At Natchez, a young man married a young lady of fortune, and, in his passion, actually flogged her to death. He was tried, but as there were no witnesses but negroes, and their evidence was not admissible against a white man, he was acquitted: but he did not escape; he was seized, tarred and feathered, scalped, and turned adrift in a canoe without paddles.

Such are the instances of Lynch law being superadded, when it has been considered by the majority that the law has not been sufficiently severe. The other variety of Lynch law is, when they will not wait for law, but, in a state of excitement, proceed to summary punishment.

The case more than once referred to by Miss Martineau, of the burning alive of a coloured man at St. Louis, is one of the gravest under this head. I do not wish to defend it in any way, but I do, for the honour of humanity, wish to offer all that can be said in extenuation of this atrocity: and I think Miss Martineau, when she held up to public indignation the monstrous punishment, was bound to acquaint the public with the cause of an excitable people being led into such an error. This unfortunate victim of popular fury was a free coloured man, of a very quarrelsome and malignant disposition; he had already been engaged in a variety of disputes, and was a nuisance in the city. For an attempt to murder another coloured man, he was seized, and was being conducted to prison in the custody of Mr Hammond, the Sheriff, and another white person who assisted him in the execution of his duty. As he arrived at the door of the prison, he watched his opportunity, stabbed the person who was assisting the Sheriff, and, then passing his knife across the throat of Mr Hammond, the carotid artery was divided, and the latter fell dead upon the spot. Now, here was a wretch who, in one day, had three times attempted murder, and had been successful in the instance of Mr Hammond, the sheriff, a person universally esteemed. Moreover, when it is considered that the culprit was of a race who are looked upon as inferior; that this successful attempt on the part of a black man was considered most dangerous as a precedent to the negro population; that, owing to the unwillingness to take away life in America, he might probably have escaped justice; and that this occurred just at the moment when the abolitionists were creating such mischief and irritation:— although it must be lamented that they should have so disgraced themselves, the summary and cruel punishment which was awarded by an incensed populace is not very surprising. Miss Martineau has, however, thought proper to pass over the peculiar atrocity of the individual who was thus sacrificed: to read her account of the transaction, it would appear as if he were an unoffending party, sacrificed on account of his colour alone.

Another remarkable instance was the execution of five gamblers at the town of Vicksburgh, on the Mississippi. It may appear strange that people should be lynched for the mere vice of gambling: but this will be better understood when, in my second portion of this work, I enter into a general view of society in the United States. At present it will be sufficient to say, that as towns rise in the South and West, they gradually become peopled with a better class; and that, as soon as this better class is sufficiently strong to accomplish their ends, a purification takes place much to the advantage of society. I hardly need observe; that these better classes come from the Eastward. New Orleans, Natchez, and Vicksburgh are evidences of the truth of observations I have made. In the present instance, it was resolved by the people of Vicksburgh that they would no longer permit their city to be the resort of a set of unprincipled characters, and that all gamblers by profession should be compelled to quit it. But, as I have the American account of what occurred, I think it will be better to give it in detail, the rather as I was informed by a gentleman residing there that it is perfectly correct:—

Our city has for some days past been the theatre of the most novel and startling scenes that we have ever witnessed. While we regret that the necessary for such scenes should have existed, we are proud of the public spirit and indignation against offenders displayed by the citizens, and congratulate them on having at length banished a class of individuals, whose shameless vices and daring outrages have long poisoned the springs of morality, and interrupted the relations of society. For years past, professional gamblers, destitute of all sense of moral obligation—unconnected with society by any of its ordinary ties, and intent only on the gratification of their avarice—have made Vicksburgh their place of rendezvous—and, in the very bosom of our society, boldly plotted their vile and lawless machinations. Here, as everywhere else, the laws of the country were found wholly ineffectual for the punishment of these individuals; and, emboldened by impunity, their numbers and their crimes have daily continued to multiply. Every species of transgression followed in their train. They supported a large number of tippling-houses, to which they would decoy the youthful and unsuspecting, and, after stripping them of their possessions, send them forth into the world the ready and desperate instrument of vice. Our streets were ever resounding with the echoes of their drunken and obscene mirth, and no citizen was secure from their villainy. Frequently, in armed bodies, they have disturbed the good order of public assemblages, insulted our citizens, and defied our civil authorities. Thus had they continued to grow bolder in their wickedness, and more formidable in their numbers, until Saturday, the 4th of July (inst), when our citizens had assembled together, with the corps of Vicksburg volunteers, at a barbecue, to celebrate the day by the usual festivities. After dinner, and during the delivery of the toasts, one of the officers attempted to enforce order and silence at the table, when one of these gamblers, whose name is Cabler, who had impudently thrust himself into the company, insulted the officer, and struck one of the citizens. Indignation immediately rose high, and it was only by the interference of the commandant that he was saved from instant punishment. He was, however, permitted to retire, and the company dispersed. The military corps proceeded to the public square of the city, and were there engaged in their exercises, when information was received that Cabler was coming up, armed, and resolved to kill one of the volunteers, who had been most active in expelling him from the table. Knowing his desperate character, two of the corps instantly stepped forward and arrested him. A loaded pistol and a large knife and dagger were found upon his person, all of which he had procured since he separated from the company. To liberate him would have been to devote several of the most respectable members of the company to his vengeance, and to proceed against him at law, would have been mere mockery, inasmuch as, not having had the opportunity of consummating his design, no adequate punishment could be inflicted on him. Consequently, it was determined to take him into the woods and Lynch him, which is a mode of punishment provided for such as become obnoxious in a manner which the law cannot reach. He was immediately carried out under a guard, attended by a crowd of respectable citizens, tied to a tree, punished with stripes, tarred and feathered, and ordered to leave the city in forty-eight hours. In the meantime, one of his comrades, the Lucifer of his gang, had been endeavouring to rally and arm his confederates for the purpose of rescuing him—which, however, he failed to accomplish.