The Anti-Slavery Examiner, Omnibus · Chapter 151Personal Narratives-Part III. (21)
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"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 flows 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, makes 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.)
"The four brothers, all armed, went to the residence of Mr. A.G. Ward, in Shelby co., on the evening of 22d instant. They were conducted into the room in which Col. Ward was sitting, together with some two or three ladies, his intended wife amongst the number. Upon their entering the room, Col. Ward rose, and extended his hand to Lafayette. He refused, saying he would shake hands with no such d——d rascal. The rest answered in the same tone. Col. Ward remarked that they were not in a proper place for a difficulty, if they sought one. Col. Ward went from the room to the passage, and was followed by the brothers. He said he was unarmed, but if they would lay down their arms, he could whip the whole of them; or if they would place him on an equal footing, he could whip the whole of them one by one. Caesar told Chamberlayne to give the Col. one of his pistols, which he did, and both went out into the yard, the other brothers following. While standing a few paces from each other, Lafayette came up, and remarked to the Col., 'If you spill my brother's blood, I will spill yours,' about which time Chamberlayne's pistol fired, and immediately Lafayette bursted a cap at him. The Colonel turned to Lafayette, and said, 'Lafayette, you intend to kill,' and discharged his pistol at him. The ball struck the pistol of Lafayette, and glanced into his arm. By this time Albert Ward, being close by, and hearing the fuss, came up to the assistance of the Colonel, when a scuffle amongst all hands ensued. The Colonel stumbled and fell down—he received several wounds from a large bowie knife; and, after being stabbed, Chamberlayne jumped upon him, and stamped him several times. After the scuffle, Caesar Jones was seen to put up a large bowie knife. Colonel Ward said he was a dead man. By the assistance of Albert Ward, he reached the house, distance about 15 or 20 yards, and in a few minutes expired. On examination by the Coroner, it appeared that he had received several wounds from pistols and knives. Albert Ward was also badly bruised, not dangerously."
The "New Orleans Bee," Sept. 22, 1838, published the following from the "Nashville (Tennessee) Whig."
"The Nashville Whig, of the 11th ult., says: Pleasant Watson, of De Kalb county, and a Mr. Carmichael, of Alabama, were the principals in an affray at Livingston, Overton county, last week, which terminated in the death of the former. Watson made the assault with a dirk, and Carmichael defended himself with a pistol, shooting his antagonist through the body, a few inches below the heart. Watson was living at the last account. The dispute grew out of a horse race."
The New Orleans Courier, April 7, 1837, has the following extract from the "McMinersville (Tennessee) Gazette."
"On Saturday, the 8th instant, Colonel David L. Mitchell, the worthy sheriff of White county, was most barbarously murdered by a man named Joseph Little. Colonel Mitchell had a civil process against Little. He went to Little's house for the purpose of arresting him. He found Little armed with a rifle, pistols, &c. He commenced a conversation with Little upon the impropriety of his resisting, and stated his determination to take him, at the same time slowly advancing upon Little, who discharged his rifle at him without effect. Mitchell then attempted to jump in, to take hold of him when Little struck him over the head with the barrel of his rifle, and literally mashed his skull to pieces; and, as he lay prostrate on the earth, Little deliberately pulled a large pistol from his belt, and placing the muzzle close to Mitchell's head, he shot the ball through it. Little has made his escape. There were three men near by when the murder was committed, who made no attempt to arrest the murderer."
The following affray at Athens, Tennessee, from the Mississippian, August 10, 1838.
"An unpleasant occurrence transpired at Athens on Monday. Captain James Byrnes was stabbed four times, twice in the arm, and twice in the side by A.R. Livingston. The wounds are said to be very severe, and fears are entertained of their proving mortal. The affair underwent an examination before Sylvester Nichols, Esq., by whom Livingston was let to bail."
The "West Tennessean," Aug. 4, 1837, says—
"A duel was fought at Calhoun, Tenn., between G.W. Carter and J.C. Sherley. They used yaugers at the distance of 20 yards. The former was slightly wounded, and the latter quite dangerously."
June 23d, 1838, Benjamin Shipley, of Hamilton co., Tennessee, shot Archibald McCallie. (Nashville Banner, July 16, 1838.)
June 23d, 1838, Levi Stunston, of Weakly co., Tennessee, killed William Price, of said county, in an affray. (Nashville Banner, July 6, 1838.)
October 8, 1838, in an affray at Wolf's Ferry, Tennessee, Martin Farley, Senior, was killed by John and Solomon Step. (Georgia Telegraph, Nov 6, 1838..)
Feb. 14, 1838, John Manie was killed by William Doss at Decatur, Tennessee. (Memphis Gazette, May 15, 1838.)
"From the Nashville Whig."
"Fatal Affray in Columbia, Tenn.—A fatal street encounter occurred at that place, on the 3d inst., between Richard H. Hays, attorney at law, and Wm. Polk, brother to the Hon. Jas. K. Polk. The parties met, armed with pistols, and exchanged shots simultaneously. A buck-shot pierced the brain of Hays, and he died early the next morning. The quarrel grew out of a sportive remark of Hays', at dinner, at the Columbia Inn, for which he offered an apology, not accepted, it seems, as Polk went to Hays' office, the same evening, and chastised him with a whip. This occurred on Friday, the fatal result took place on Monday."
In a fight near Memphis, Tennessee, May 15, 1837, Mr. Jackson, of that place, shot through the heart Mr. W.F. Gholson, son of the late Mr. Gholson, of Virginia. (Raleigh Register, June 13, 1837.)
The following horrible outrage, committed in West Tennessee, not far from Randolph, was published by the Georgetown (S.C.) Union, May 26, 1837, from the Louisville Journal.
"A feeble bodied man settled a few years ago on the Mississippi, a short distance below Randolph, on the Tennessee side. He succeeded in amassing property to the value of about $14,000, and, like most of the settlers, made a business of selling wood to the boats. This he sold at $2.50 a cord, while his neighbors asked $3. One of them came to remonstrate against his underselling, and had a fight with his brother-in-law Clark, in which he was beaten. He then went and obtained legal process against Clark, and returned with a deputy sheriff, attended by a posse of desperate villains. When they arrived at Clark's house, he was seated among his children—they put two or three balls through his body. Clark ran, was overtaken and knocked down; in the midst of his cries for mercy, one of the villains fired a pistol in his mouth, killing him instantly. They then required the settler to sell his property to them, and leave the country. He, fearing that they would otherwise take his life, sold them his valuable property for $300, and departed with his family. The sheriff was one of the purchasers."
The Baltimore American, Feb. 8, 1838, publishes the following from the Nashville (Tennessee) Banner:
"A most atrocious murder was committed a few days ago at Lagrange, in this state, on the body of Mr. John T. Foster, a respectable merchant of that town. The perpetrators of this bloody act are E. Moody, Thomas Moody, J.E. Douglass, W.R. Harris, and W.C. Harris. The circumstances attending this horrible affair, are the following:—On the night previous to the murder, a gang of villains, under pretence of wishing to purchase goods, entered Mr. Foster's store, took him by force, and rode him through the streets on a rail. The next morning, Mr. F. met one of the party, and gave him a caning. For this just retaliation for the outrage which had been committed on his person, he was pursued by the persons alone named, while taking a walk with a friend, and murdered in the open face of day."
The following presentment of a Tennessee Grand Jury, sufficiently explains and comments on itself:
The Grand Jurors empanelled to inquire for the county of Shelby, would separate without having discharged their duties, if they were to omit to notice public evils which they have found their powers inadequate to put in train for punishment. The evils referred to exist more particularly in the town of Memphis.