Oyster Bay, N. Y.
August 6, 1903
My dear Governor Durbin:
Permit me to thank you as an American citizen for the admirable way in which you have vindicated the majesty of the law by your recent action in reference to lynching. I feel, my dear sir, that you have made all men your debtors who believe, as all far-seeing men must, that the well-being, indeed the very existence, of the Republic depends upon that spirit of orderly liberty under the law which is as incompatible with mob violence as with any form of despotism. Of course mob violence is simply one form of anarchy; and anarchy is now, as it always has been, the handmaiden and forerunner of tyranny.
I feel that you have not only reflected honor upon the State which for its good fortune has you as its Chief Executive, but upon the whole nation. It is incumbent upon every man throughout this country not only to hold up your hands in the course you have been following, but to show his realization that the matter is one which is of vital concern to us all.
All thoughtful men must feel the gravest alarm over the growth of lynching in this country, and especially over the peculiarly hideous forms so often taken by mob violence when colored men are the victims—on which occasions the mob seems to lay most weight, not on the crime, but on the color of the criminal. In a certain proportion of these cases the man lynched has been guilty of a crime horrible beyond description; a crime so horrible that as far as he himself is concerned he has forfeited the right to any kind of sympathy whatsoever. The feeling of all good citizens that such a hideous crime shall not be hideously punished by mob violence is due not in the least to sympathy for the criminal, but to a very lively sense of the train of dreadful consequences which follows the course taken by the mob in exacting inhuman vengeance for an inhuman wrong. In such cases, moreover, it is well to remember that the criminal not merely sins against humanity in inexpiable and unpardonable fashion, but sins particularly against his own race, and does them a wrong far greater than any white man can possibly do them. Therefore, in such cases the colored people throughout the land should in every possible way show their belief that they, more than all others in the community, are horrified at the commission of such a crime and are peculiarly concerned in taking every possible measure to prevent its recurrence and to bring the criminal to immediate justice. The slightest lack of vigor either in denunciation of the crime or in bringing the criminal to justice is itself unpardonable.
Moreover, every effort should be made under the law to expedite the proceedings of justice in the case of such an awful crime. But it can not be necessary in order to accomplish this to deprive any citizen of those fundamental rights to be heard in his own defence which are so dear to us all and which lie at the root of our liberty. It certainly ought to be possible by the proper administration of the laws to secure swift vengeance upon the criminal; and the best and immediate efforts of all legislators, judges, and citizens should be addressed to securing such reforms in our legal procedure as to leave no vestige of excuse for those misguided men who undertake to reap vengeance through violent methods.
Men who have been guilty of a crime like rape or murder should be visited with swift and certain punishment, and the just effort made by the courts to protect them in their rights should under no circumstances be perverted into permitting any mere technicality to avert or delay their punishment. The substantial rights of the prisoner to a fair trial must of course be guaranteed, as you have so justly insisted that they should be; but, subject to this guarantee, the law must work swiftly and surely, and all the agents of the law should realize the wrong they do when they permit justice to be delayed or thwarted for technical or insufficient reasons. We must show that the law is adequate to deal with crime by freeing it from every vestige of technicality and delay.
But the fullest recognition of the horror of the crime and the most complete lack of sympathy with the criminal can not in the least diminish our horror at the way in which it has become customary to avenge these crimes and at the consequences that are already proceeding therefrom. It is of course inevitable that where vengeance is taken by a mob it should frequently light on innocent people; and the wrong done in such a case to the individual is one for which there is no remedy. But even where the real criminal is reached, the wrong done by the mob to the community itself is wellnigh as great. Especially is this true where the lynching is accompanied with torture. There are certain hideous sights which when once seen can never be wholly erased from the mental retina. The mere fact of having seen them implies degradation. This is a thousandfold stronger when instead of merely seeing the deed the man has participated in it. Whoever in any part of our country has ever taken part in lawlessly putting to death a criminal by the dreadful torture of fire must forever after have the awful spectacle of his own handiwork seared into his brain and soul. He can never again be the same man.
This matter of lynching would be a terrible thing even if it stopped with the lynching of men guilty of the inhuman and hideous crime of rape; but as a matter of fact, lawlessness of this type never does stop and never can stop in such fashion. Every violent man in the community is encouraged by every case of lynching in which the lynchers go unpunished to himself take the law into his own hands whenever it suits his own convenience. In the same way the use of torture by the mob in certain cases is sure to spread until it is applied more or less indiscriminately in other cases. The spirit of lawlessness grows with what it feeds on, and when mobs with impunity lynch criminals for one cause, they are certain to begin to lynch real or alleged criminals for other causes. In the recent cases of lynching, over three-fourths were not for rape at all, but for murder, attempted murder, and even less heinous offences. Moreover, the history of these recent cases shows the awful fact that when the minds of men are habituated to the use of torture by lawless bodies to avenge crimes of a peculiarly revolting description, other lawless bodies will use torture in order to punish crimes of an ordinary type. Surely no patriot can fail to see the fearful brutalization and debasement which the indulgence of such a spirit and such practices inevitably portends. Surely all public men, all writers for the daily press, all clergymen, all teachers, all who in any way have a right to address the public, should with every energy unite to denounce such crimes and to support those engaged in putting them down. As a people we claim the right to speak with peculiar emphasis for freedom and for fair treatment of all men without regard to differences of race, fortune, creed, or color. We forfeit the right so to speak when we commit or condone such crimes as these of which I speak.
The nation, like the individual, can not commit a crime with impunity. If we are guilty of lawlessness and brutal violence, whether our guilt consists in active participation therein or in mere connivance and encouragement, we shall assuredly suffer later on because of what we have done. The cornerstone of this Republic, as of all free government, is respect for and obedience to the law. Where we permit the law to be defied or evaded, whether by rich man or poor man, by black man or white, we are by just so much weakening the bonds of our civilization and increasing the chances of its overthrow, and of the substitution therefor of a system in which there shall be violent alternations of anarchy and tyranny.