itted; and the other, when from excitement the majority will
not wait for the law to act, but inflict the punishment with their own
hands.
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, a
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