Chapter 48

"It now becomes our painful duty, to notice a most disgraceful outrage committed by the Lynchers of Vicksburg, on last Sunday. The victim was a Mr. Grace, formerly of the neighborhood of Warrenton, Va., but for two years a resident of this city. He was detected in giving free passes to slaves and brought to trial before Squire Maxey. Unfortunately for the wretch, either through the want of law or evidence, he could not be punished, and he was set at liberty by the magistrate. The city marshal seeing that a few in the crowd were disposed to lay violent hands on the prisoner in the event of his escaping punishment by law, resolved to accompany him to his house. The Lynch mob still followed, and the marshal finding the prisoner could only be protected by hurrying him to jail, endeavored to effect that object. The Lynchers, however, pursued the officer of the law, dragged him from his horse, bruised him, and conveyed the prisoner to the most convenient point of the city for carrying their blood-thirsty designs into execution. We blush while we record the atrocious deed; in this city, containing nearly 5,000 souls, in the broad light of day, this aged wretch was stripped and flogged, we believe within hearing of the lamentations and the shrieks of his afflicted wife and children."

In an affray at Montgomery, Mississippi, July 1, 1838, Mr. A.L. Herbert was killed by Dr. J.B. Harrington. See Grand Gulf Advertiser, August 1, 1838.

The "Maryland Republican" of January 30, 1838, has the following:

"A street rencounter lately took place in Jackson, Miss., between Mr. Robert McDonald and Mr. W.H. Lockhart, in which McDonald was shot with a pistol and immediately expired. Lockhart was committed to prison."

The "Nashville Banner," June 22, 1838, has the following:

"On the 8th inst. Col. James M. Hulet was shot with a rifle without any apparent provocation in Gallatin, Miss., by one Richard M. Jones."

From the "Huntsville Democrat," Dec. 8, 1838.

"The Aberdeen (Miss.) Advocate, of Saturday last, states that on the morning of the day previous, (the 9th) a dispute arose between Mr. Robert Smith and Mr. Alexander Eanes, both of Aberdeen, which resulted in the death of Mr. Smith, who kept a boarding house, and was an amiable man and a good citizen. In the course of the contradictory words of the disputants, the lie was given by Eanes, upon which Smith gathered up a piece of iron and threw it at Eanes, but which missed him and lodged in the walls of the house. At this Eanes drew a large dirk knife, and stabbed Smith in the abdomen, the knife penetrating the vitals, and thus causing immediate death. Smith breathed only a few seconds after the fatal thrust.

"Eanes immediately mounted his horse and rode off, but was pursued by Mr. Hanes, who arrested and took him back, when he was put under guard to await a trial before the proper authorities."

From the "Vicksburg Register," Nov. 17, 1838.

"On the 2d inst. an affray occurred between one Stephen Scarbrough and A.W. Higbee of Grand Gulf, in which Scarbrough was stabbed with a knife, which occasioned his death in a few hours. Higbee has been arrested and committed for trial."

From the "Huntsville (Ala.) Democrat" Nov. 10, 1838.

"_Life in the Southwest_.--A friend in Louisiana writes, under date of the 31st ult., that a fight took place a few days ago in Madison parish, 60 miles below Lake Providence, between a Mr. Nevils and a Mr. Harper, which terminated fatally. The police jury had ordered a road on the right bank of the Mississippi, and the neighboring planters were out with their forces to open it. For some offence, Nevils, the superintendent of the operations, flogged two of Harper's negroes. The next day the parties met on horseback, when Harper dismounted, and proceeded to cowskin Nevils for the chastisement inflicted on the negroes. Nevils immediately drew a pistol and shot his assailant dead on the spot. Both were gentlemen of the highest respectability.

"An affray also came off recently, as the same correspondent writes us, in Raymond, Hinds co., Miss., which for a serious one, was rather amusing. The sheriff had a process to serve on a man of the name of Bright, and, in consequence of some difficulty and intemperate language, thought proper to commence the service by the application of his cowskin to the defendant. Bright thereupon floored his adversary, and, wresting his cowhide from him, applied it to its owner to the extent of at least five hundred lashes, meanwhile threatening to shoot the first bystander who attempted to interfere. The sheriff was carried home in a state of insensibility, and his life has been despaired of. The mayor of the place, however, issued his warrant, and started three of the sheriff's deputies in pursuit of the delinquent, but the latter, after keeping them at bay till they found it impossible to arrest him, surrendered himself to the magistrate, by whom he was bound over to the next Circuit Court. From the mayor's office, his honor and the parties litigant proceeded to the tavern to take a drink by way of ending hostilities. But the civil functionary refused to sign articles of peace by touching glasses with Bright, whereupon the latter made a furious assault upon him, and then turned and flogged 'mine host' within an inch of his life because he interfered. Satisfied with his day's work, Bright retired. Can we show any such specimens of chivalry and refinement in Kentucky!"

From the "Grand Gulf (Miss.) Advertiser," June 27, 1837.

"DEATH BY VIOLENCE.--The moral atmosphere in our state appears to be in a deleterious and sanguinary condition. _Almost every exchange paper which reaches us contains some inhuman and revolting case of murder or death by violence. Not less than fifteen deaths by violence have occurred, to our certain knowledge, within the past three months._ Such a state of things, in a country professing to be moral and christian, is a disgrace to human nature and is well calculated, to induce those abroad unacquainted with our general habits and feelings, to regard the morals of our people in no very enviable light; and does more to injure and weaken our political institutions than years of pecuniary distress. The frequency of such events is a burning disgrace to the morality, civilization, and refinement of feeling to which we lay claim and so often boast in comparison with the older states. And unless we set about and put an immediate and effectual termination to such revolting scenes, we shall be compelled to part with what all genuine southerners have ever regarded as their richest inheritance, the proud appellation of the '_brave, high-minded and chivalrous sons of the south_.'

"This done, we should soon discover a change for the better--peace and good order would prevail, and the ends of justice be effectually and speedily attained, and then the people of this wealthy state would be in a condition to bid defiance to the disgraceful reproaches which are now daily heaped upon them by the religious and moral of other states."

"The present white population of Mississippi is but little more than half as great as that of Vermont, and yet more horrible crimes are perpetrated by them EVERY MONTH, than have ever been perpetrated in Vermont since it has been a state, now about half a century. Whoever doubts it, let him get data and make his estimate, and he will find that this is no random guess."

LOUISIANA.

Louisiana became one of the United States in 1811. Its present white population is about one hundred and fifteen thousand.

The extracts which follow furnish another illustration of the horrors produced by passions blown up to fury in the furnace of arbitrary power. We have just been looking over a broken file of Louisiana papers, including the last six months of 1837, and the whole of 1838, and find ourselves obliged to abandon our design of publishing even an abstract of the scores and _hundreds_ of affrays, murders, assassinations, duels, lynchings, assaults, &c. which took place in that state during that period. Those which have taken place in New Orleans alone, during the last eighteen months, would, in detail, fill a volume. Instead of inserting the details of the principal atrocities in Louisiana, as in the states already noticed, we will furnish the reader with the testimony of various editors of newspapers, and others, residents of the state, which will perhaps as truly set forth the actual state of society there, as could be done by a publication of the outrages themselves.

From the "New Orleans Bee," of May 23, 1838.

"_Contempt of human life._--In view of the crimes which are _daily_ committed, we are led to inquire whether it is owing to the inefficiency of our laws, or to the manner in which those laws are administered, that this _frightful deluge of human blood fowl through our streets and our places of public resort_.

"Whither will such contempt for the life of man lead us? The unhealthiness of the climate mows down annually a part of our population; the murderous steel despatches its proportion; and if crime increases as it has, the latter will soon become _the most powerful agent in destroying life_.

"We cannot but doubt the perfection of our criminal code, when we see that _almost every criminal eludes the law_, either by boldly avowing the crime, or by the tardiness with which legal prosecutions are carried on, or, lastly, by the convenient application of _bail_ in criminal cases."

The "New Orleans Picayune" of July 30, 1837, says:

"It is with the most painful feelings that we _daily_ hear of some _fatal_ duel. Yesterday we were told of the unhappy end of one of our most influential and highly respectable merchants, who fell yesterday morning at sunrise in a duel. As usual, the circumstances which led to the meeting were trivial."

The New Orleans correspondent of the New York Express, in his letter dated New Orleans, July 30, 1837, says:

"THIRTEEN DUELS have been fought in and near the city during the week; _five more were to take place this morning_."

The "New Orleans Merchant" of March 20, 1838, says:

"Murder has been rife within the two or three weeks last past; and what is worse, the authorities of those places where they occur are _perfectly regardless of the fact_."

The "New Orleans Bee" of September 8, 1838, says:

"Not two months since, the miserable BARBA became a victim to one of the most cold-blooded schemes of assassination that ever disgraced a civilized community. Last Sunday evening an individual, Gonzales by name, was seen in perfect health, in conversation with his friends. On Monday morning his dead body was withdrawn from the Mississippi, near the ferry of the first municipality, in a state of terrible mutilation. To cap the climax of horror, on Friday morning, about half past six o'clock, the coroner was called to hold an inquest over the body of an individual, between Magazine and Tchoupitoulas streets. The head was entirely severed from the body; the lower extremities had likewise suffered amputation; the right foot was completely dismembered from the leg, and the left knee nearly severed from the thigh. Several stabs, wounds and bruises, were discovered on various parts of the body, which of themselves were sufficient to produce death."

The "Georgetown (South Carolina) Union" of May 20, 1837, has the following extract from a New Orleans paper.

"A short time since, two men shot one another down in one of our bar rooms, one of whom died instantly. A day or two after, one or two infants were found murdered, there was every reason to believe, by their own mothers. Last week we had to chronicle a brutal and bloody murder, committed in the heart of our city: the very next day a murder-trial was commenced in our criminal court: the day ensuing this, we published the particulars of Hart's murder. The day after that, Tibbetts was hung for attempting to commit a murder; the next day again we had to publish a murder committed by two Spaniards at the Lake--this was on Friday last. On Sunday we published the account of another murder committed by the Italian, Gregorio. On Monday, another murder was committed, and the murderer lodged in jail. On Tuesday morning another man was stabbed and robbed, and is not likely to recover, but the assassin escaped. The same day Reynolds, who killed Barre, shot himself in prison. On Wednesday, another person, Mr. Nicolet, blew out his brains. Yesterday, the unfortunate George Clement destroyed himself in his cell; and in addition to this dreadful catalogue we have to add that of the death of two, brothers, who destroyed themselves through grief at the death of their mother; and truly may we say that 'we know not what to-morrow will bring forth.'"

The "Louisiana Advertiser," as quoted by the Salt River (Mo.) Journal of May 25, 1837, says:

"Within the last ten or twelve days, three suicides, four murders, and two executions, have occurred in the city!"

The "New Orleans Bee" of October 25, 1837, says:

"We remark with regret the frightful list of homicides that are _daily_ committed in New Orleans."

The "Planter's Banner" of September 30. 1838, published at Franklin, Louisiana, after giving an account of an affray between a number of planters, in which three were killed and a fourth mortally wounded, says that "Davis (one of the murderers) was arrested by the by-standers, but a _justice of the peace_ came up and told them, he did not think it right to keep a man 'tied in that manner,' and 'thought it best to turn him loose.' _It was accordingly so done_."

This occurred in the parish of Harrisonburg. The Banner closes the account by saying:

"Our informant states that _five white men_ and _one_ negro have been murdered in the parish of Madison, during the months of July and August."

This _justice of the peace_, who bade the by-standers unloose the murderer, mentioned above, has plenty of birds of his own feather among the law officers of Louisiana. Two of the leading officers in the New Orleans police took two witnesses, while undergoing legal examination at Covington, near New Orleans, "carried them to a bye-place, and _lynched_ them, during which inquisitorial operation, they divulged every thing to the officers, Messrs. Foyle and Crossman." The preceding fact is published in the Maryland Republican of August 22, 1837.

Judge Canonge of New Orleans, in his address at the opening of the criminal court, Nov. 4, 1837, published in the "Bee" of Nov. 8, in remarking upon the prevalence of out-breaking crimes, says:

"Is it possible in a civilized country such crying abuses are _constantly_ encountered? How many individuals have given themselves up to such culpable habits! Yet we find magistrates and juries hesitating to expose crimes of the blackest dye to eternal contempt and infamy, to the vengeance of the law.

"As a Louisianian parent, _I reflect with terror_ that our beloved children, reared to become one day honorable and useful citizens, may be the victims of these votaries of vice and licentiousness. Without some powerful and certain remedy, _our streets will become butcheries overflowing with the blood of our citizens_."

The Editor of the "New Orleans Bee," in his paper of Oct. 21, 1837, has a long editorial article, in which he argues for the virtual legalizing of LYNCH LAW, as follows:

"We think then that in the circumstances in which we are placed, the Legislature ought to sanction such measures as the situation of the country render necessary, by giving to justice a _convenient latitude_. There are occasions when the delays inseparable from the administration of justice would be inimical to the public safety, and when the most fatal consequences would be the result.

"It appears to us, that there is an urgent necessity to provide against the inconveniences which result from popular judgment, and to check the disposition for the speedy execution of justice resulting from the unconstitutional principle of a pretended Lynch law, by authorizing the parish court to take cognizance without delay, against every free man who shall be convicted of a crime; from the accusations arising from the mere provocations to the insurrection of the working classes.

"All judicial sentences ought to be based upon law, and the terrible privilege which the populace now have of punishing with death certain crimes, _ought to be consecrated by law_, powerful interests would not suffice in our view to excuse the interruption of social order, if the public safety was not with us the supreme law.

"This is the reason that whilst we deplore the imperious necessity which exists, we entreat the legislative power to give the sanction of principle to what already exists in fact."

The Editor of the "New Orleans Bee," in his paper, Oct 25, 1837, says:

"We remark with regret the frightful list of homicides, whether justifiable or not, that are daily committed in New Orleans. It is not through any inherent vice of legal provision that such outrages are perpetrated with impunity: it is rather in the neglect of the _application of the law_ which exists on this subject.

"We will confine our observation to the dangerous facilities afforded by this code for the escape of the homicide. We are well aware that the laws in question are intended for the distribution of equal justice, yet we have too often witnessed the acquittal of delinquents whom we can denominate by no other title than that of homicides, while the simple affirmation of others has been admitted (in default of testimony) who are themselves the authors of the deed, for which they stand in judgment. The _indiscriminate system of accepting bail_ is a blot on our criminal legislation, and is one great reason why so many violators of the law avoid its penalties. To this doubtless must be ascribed the non-interference of the Attorney General. The law of _habeas corpus_ being subjected to the interpretation of every magistrate, whether versed or not in criminal cases, a degree of arbitrary and incorrect explanation necessarily results. How frequently does it happen that the Mayor or Recorder decides upon the gravest case without putting himself to the smallest trouble to inform the Attorney General, who sometimes only hears of the affair when investigation is no longer possible, or when the criminal has wisely commuted his punishment into temporary or perpetual exile."

That morality suffers by such practices, is beyond a doubt; yet moderation and mercy are so beautiful in themselves, that we would scarcely protest against indulgence, were it not well known that the acceptance of bail is the safeguard of every delinquent who, through wealth or connections, possesses influence enough to obtain it. Here arbitrary construction glides amidst the confusion of testimony; there it presumes upon the want of evidence, and from one cause or another it is extremely rare, that a refusal to bail has delivered the accused into the hands of justice. In criminal cases, the Court and Jury are the proper tribunals to decide upon the reality of the crime, and the palliating circumstances; _yet it is not unfrequent_ for the public voice to condemn as an odious assassin, the very individual who by the acquittal of the judge, walks at large and scoffs at justice.

"It is time to restrict within its proper limits this pretended right of personal protection; it is time to teach our population to abstain from mutual murder upon slight provocation.--Duelling, Heaven knows, is dreadful enough, and quite a sufficient means of gratifying private aversion, and avenging insult. Frequent and serious brawls in our cafes, streets and houses, every where attest the insufficiency or misapplication of our legal code, or the want of energy in its organs. To say that unbounded license is the insult of liberty is folly. Liberty is the consequence of well regulated laws--without these, Freedom can exist only in name, and the law which favors the escape of the opulent and aristocratic from the penalties of retribution, but consigns the poor and friendless to the chain-gang or the gallows, is in fact the very essence of slavery!!"

The editor of the same paper says (Nov. 4, 1837.)

"Perhaps by an equitable, but strict application of that law, (the law which forbids the wearing of deadly weapons concealed,) the effusion of human blood might be stopt _which now defiles our streets and our coffee-houses as if they were shambles_! Reckless disregard of the life of man is rapidly gaining ground among us, and the habit of seeing a man whom it is taken for granted was armed, murdered merely for a _gesture_, may influence the opinion of a jury composed of citizens, whom, LONG IMPUNITY TO HOMICIDES OF EVERY KIND has persuaded, that the right of self-defence extends even to the taking of life for _gestures_, more or less threatening. So many DAILY instances of outbreaking passion which have thrown whole families into the deepest affliction, teach us a terrible lesson."

From the "Columbus (Ga.) Sentinel," July 6, 1837.

"_Wholesale Murders_.--No less than three murders were committed in New Orleans on Monday evening last. The first was that of a man in Poydras, near the corner of Tehapitoulas. The murdered individual had been suspected of a _liason_ with another man's wife in the neighbourhood, was caught in the act, followed to the above corner and shot.

"The second was that of a man in Perdido street. Circumstances not known.

"The third was that of a watchman, on the corner of Custom House and Burgundy street, who was found dead yesterday morning, shot through the heart. The deed was evidently committed on the opposite side from where he was found, as the unfortunate man was tracked by his blood across the street. In addition to being shot through the heart, two wounds in his breast, supposed to have been done with a Bowie knife, were discovered. No arrests have been made to our knowledge."

The editor of the "Charleston, (S.C.) Mercury" of April, 1837, snakes the following remarks.

"The energy of a Tacon is much needed to vivify the police of New Orleans. In a single paper we find an account of the execution of one man for robbery and intent to kill, of the arrest of another for stabbing a man to death with a carving knife; and of a third found murdered on the Levee on the previous Sunday morning. In the last case, although the murderer was known, _no steps had been taken for his arrest_; and to crown the whole, it is actually stated in so many words, that the City guards are not permitted, according to their instructions, to patrol the Levee after night, for fear of attacks from persons employed in steamboats!"

The present white population of Louisiana is but little more than that of Rhode Island, yet more appalling crime is committed in Louisiana _every day_, than in Rhode Island during a year, notwithstanding the tone of public morals is probably lower in the latter than in any other New England state.

TENNESSEE.

Tennessee became one of the United States in 1796. Its present white population is about seven hundred thousand.

The details which follow, go to confirm the old truth, that the exercise of arbitrary power tends to make men monsters. The following, from the "Memphis (Tennessee) Enquirer," was published in the Virginia Advocate, Jan. 26, 1838.

"Below will be found a detailed account of one of the most unnatural and aggravated murders ever recorded. Col. Ward, the deceased, was a man of high standing in the state, and very much esteemed by his neighbors, and by all who knew him. The brothers concerned in this 'murder, most foul and unnatural,' were Lafayette, Chamberlayne, Caesar, and Achilles Jones, (the nephews of Col. Ward.)