Борьба с линчеванием. Судебные процессы в расовой бинарной системе судов США, 1942–1958 гг. тема диссертации и автореферата по ВАК РФ 00.00.00, кандидат наук Санторо Джованни

• Санторо Джованни
• кандидат наук
• 2023

Оглавление диссертации кандидат наук Санторо Джованни

Table of Contents

Introduction ____5

Chapter

Lynching: Origins And Development ____23

1.1 Conceptualizing lynching: the heritage of slavery

1.2 Exploring the definition of lynching through the

Federal Anti-Lynching Proposals

1.3 Lynching and its perpetrators

1.4 Lynching as public torture spectacle

1.5 Lynching response: The rise of a social consciousness ..72 1.5.1 The commitment of the NAACP

Chapter

The Fighting against Lynching: the State Courts and

the Federal Government ____97

2.1 Anti-Lynching States' Laws

2.2 The Presidential Crusade against Racial Violence

2.3 The Federal Government Investigations on Lynching ____141

2.3.1 The Lynching of Cleo Wright

2.3.2 The Lynching of Mack C. Parker

2.3.3 FBI against Lynching, Concluding Remarks ____173

Chapter

From the Right of Appeal to "Legalized Lynchings"

3.1 Reframing citizenship rights through

the Fourteenth Amendment

3.2 The Arguments for the Legal Prosecution of Lynching

3.2.1 Sentence of Lynching through Coerced Confessions

3.2.2 Conviction of Black Defendants by All-White Juries

3.2.3 The Controversy Over Legal Assistance and

Black Lawyers

3.3 The Supreme Court Jurisprudence concerning

Lynching Related Cases

3.4 Lynching's Legacy: Legal Executions

in the United States

Conclusions

Reconsidering Rough Justice and Due Process

Primary Sources

Newspaper articles

Rulings

Other

List of References

Введение диссертации (часть автореферата) на тему «Борьба с линчеванием. Судебные процессы в расовой бинарной системе судов США, 1942–1958 гг.»

Introduction

The definition of "lynching" was a subject of debate in American political circles until a few months ago. In fact, the recent proposal for a federal anti-lynching law, called "Emmett Till Antilynching Act," referencing one of the cases that most shocked the public, has generated tough clashes between different political factions. The law's approval in the Senate on March 7, 2022, arose after various conflicting opinions about the language and terminology used to define this particular form of violence. As a result, lynching was not considered a federal crime until March 29, 2022, leaving its administration to state courts. There have been hundreds of federal law proposal attempts to criminalize lynching, but none of them were successful. Starting with Georgia in 1893, some states enacted anti-lynching state laws, defining this crime in their own way. However, the application of these laws was so disastrous that sentences for lynching were unusual.

Furthermore, this topic did not get much attention from the academic community until the second half of the twentieth century at the earliest. The difficulties in analyzing this question within the historical-academic profession was so pervasive that it discouraged many historians from studying one of the phenomena important to the understanding of American and African American history. Only towards the end of the twentieth century did lynching become an object of study, allowing social scientists to fully understand the violent dimension of white supremacism and its implications.1

By exploring the relationships between lynching, race, citizenship, gender, sexuality, and social class through cases reported by the press and civil rights advocacy organizations, scholars found that this form of extra-legal violence served to reconstitute the racial status quo prior to the abolition of slavery and the promulgation of the

1 See Williamson, Joel. "Wounds Not Scars: Lynching, the National Conscience, and the American Historian." The Journal of American History, vol. 83, no. 4, 1997, pp. 1221-53; Pfeifer, Michael J. "At the Hands of Parties Unknown? The State of the Field of Lynching Scholarship." The Journal of American History, vol. 101, no. 3, 2014, pp. 832-46.

Amendments which completely overturned the social order based on strict racial hierarchies.2 With the end of the Civil War, new constitutional rights were granted, including those of citizenship, to people who until a few days earlier were considered inferior human beings to be dominated, whose place was on the margins of society. The loss of racial dominance and white supremacism especially horrified southern states where full recognition of the civil rights granted by the Federal Government did not take place until the Civil Rights Act of 1964.3

The Jim Crow Laws (1877-1964) were an attempt to socially alleviate the transition between the abolition of slavery and the respect of citizenship rights in a vain effort to further avoid clashes between social classes.4 By segregating people of color, white supremacists still believed they had some controlling power over Black people and those considered inferior. This is why angry white crowds became perpetrators of gruesome violence in an attempt to regain full racial domination command.5 Lynching was used as a means of racial oppression not only against African Americans, but also Mexicans, Hispanics, Chinese and other minorities, such as the Italians of New

2 See Combs, Barbara, and Obie Clayton. "An Introductory Essay to the Special Volume of Phylon (Issue 2): Remembering the 150th Anniversary of the Birth of W.E.B. Du Bois and the 50th Anniversary of the Death of Martin Luther King, Jr." Phylon (1960-), vol. 56, no. 1, Clark Atlanta University Press, 2019, pp. 3-7; Morrison, Melanie S. "Reign of Terror In The Black Community." Murder on Shades Mountain: The Legal Lynching of Willie Peterson and the Struggle for Justice in Jim Crow Birmingham. Duke University Press, 2018, pp. 34-44; Scott, Daryl Michael. "The Social and Intellectual Origins of 13thism." Fire!!!, vol. 5, no. 2, Association for the Study of African American Life and History, 2020, pp. 2-39; Zecker, Robert M. A Road to Peace and Freedom": The International Workers Order and the Struggle for Economic Justice and Civil Rights, 1930-1954. Temple University Press, 2018, pp. 97-135.

3 See Ayers, Edward L. Vengeance and Justice: Crime and Punishment in the 19th Century South. Oxford University Press, 1984; Chafe, William H., Raymond Gavins, and Robert Korstad. Remembering Jim Crow: African Americas Tell About Life in the Segregated South. The New Press, 2001; McGovern, James R. Anatomy of Lynching: The Killing of Claude Neal. Louisiana State University Press, 1982.

4 James, David R. "The Transformation of the Southern Racial State: Class and Race Determinants of Local-State Structures." American Sociological Review, vol. 5, no. 2, 1988, pp. 191-208.

5 Harris, J. William. "Etiquette, Lynching, and Racial Boundaries in Southern History: A Mississippi Example." The American Historical Review, vol. 100, no. 2, 1992, pp. 387- 410.

Orleans.6

The study of lynching is of primary importance to understand how extra-legal violence contributed to the formation of the state, American and African American identity, the development of the federal penal system, and the conception of moral and civil rights after the Civil War.7 Hence, this dissertation focuses on how Americans who promoted lynching and those who fought against it used the legal system to justify or oppose the practice of racial capital punishment.

The power hierarchy within the United States facilitated the proliferation of violence that was endorsed by the community. Lynching, which originated from local communities and neighborhoods, was predominantly a locally orchestrated occurrence that was typically carried out without the involvement of external parties and disregarding legal authority.8 The United States Constitution established boundaries on the power of the Federal Government while safeguarding the authority of state and municipal governments. Elected representatives in the Senate and House of Representatives from states prone to lynching highlighted that under the American Federal System, the national government lacked the jurisdiction to prosecute ordinary criminal offenses, such as murder or lynching. Consequently, those accused of lynching could evade justice by exploiting the federal system as endorsed by the Constitution. Meanwhile, the Constitution of the United States upheld the principles of due process, the right to trial by jury, and the opportunity for accused individuals to confront their accusers, all of which were intended to be permanent values. The act of lynching directly violated these constitutional principles. As journalists, particularly African American ones, began to expose this contradiction, tensions arose between the nation's commitment to the rule of law and its inclination toward local power and prejudices. Hence, opponents of

6 See Pfeifer, Michael J. (edited by). Global Lynching and Collective Violence: Volume 1: Asia, Africa, and the Middle East. University of Illinois Press, 2017; Pfeifer, Michael J. (edited by). Global Lynching and Collective Violence: Volume 2: The Americas and Europe. University of Illinois Press, 2017.

7 Pfeifer, Michael J. "At the Hands of Parties Unknown?"

8 Pfeifer, Michael J. The Roots of Rough Justice: Origins of American Lynching. University of Illinois Press, 2011.

lynching started to seek specific protection from violence from the government and made appeals based on the violation of constitutional principles.

These aspects of lynching are linked to slavery and colonialism: just as enslavers could punish enslaved people without suffering consequences, the perpetrators of lynching operate a type of justice outside the state. In fact, white Southerners saw their right to act on Black people's bodies as a prime privilege of slavery.9 How could local and state authorities legitimate these acts of collective violence? How did the actors involved in the lynching perceive their actions? This thesis also aims to investigate how Black intellectuals and Black movements that claimed the civil rights of African Americans during the twentieth century reported this violation of citizenship rights. This dissertation illustrates how Americans' acceptance of extra-legal violence intertwines with white supremacy, transforming a practice that already existed into violence strictly associated with racial domination.

Historiographical scope10 The history of African American lynching remained shrouded in silence until the second half of the twentieth century at the earliest. There was a marked reluctance to discuss this issue even in public discourse and local memory. However, a significant shift occurred in the historical narrative during the final decades of the twentieth century, when scholars from the Southern region began to re-examine the topic of lynching, drawing connections between it and issues of race, gender, sexuality, and social class. This marked a turning point.11 After analyzing numerous instances of lynching, researchers have identified a multifaceted trend of established and developing conduct

9 Patterson, Orlando. Rituals of Blood: Consequences of Slavery in Two American Centuries. Basic Civitas, 1998.

10 Part already published in Corvino, Giovanni B. "The Meanings of Lynching, A Word that Crossed the World," Elementary Education Online, vol. 20, no.5, 2021.

11 See Harris, Trudier. Exorcising Blackness: Historical and Literary Lynching and Burning Rituals. Indiana University Press, 1984; Williamson, Joel. The Crucible of Race: Black-White Relations in the American South since Emancipation. Oxford University Press, 1984; Zangrando, Robert L. The NAACP Crusade against Lynching, 1909-1950. Temple University Press, 1980.

and beliefs in which acts of vigilante violence played a crucial role in enforcing racial discrimination in the Southern region throughout the post-Civil War era. This trend also exhibited significant fluctuations in terms of the character and intensity of mob rituals, the purported reasons behind mob violence, and the individuals who were the subject of such violent acts across different temporal and geographical

1 9

contexts.12

During the initial years of the twenty-first century, researchers expanded their investigations of lynching to include regions outside of the South and eras predating the late nineteenth century. Significantly, contemporary scholars have demonstrated that the victims of racially motivated lynchings were as varied as those targeted by American racial biases. Although there is still a dearth of extensive statistical information, scholars acknowledge that white Americans lynched a minimum of several thousand African Americans during the late nineteenth and early twentieth centuries and, conceivably, several thousand more in the era of emancipation and Reconstruction. Additionally, white individuals lynched hundreds of Native Americans

and persons of Mexican descent during the nineteenth and early twentieth

1 ^

centuries.13

In the past ten years, the field of lynching research has exhibited a noteworthy cultural shift, with an increasing focus on the correlation between mob violence and distinct types of brutal conduct.14 However, the most salient advancement resulting from recent scholarship on

12 See Brundage, Fitzhugh W. Civilizing Torture: An American Tradition. The Belknap Press of Harvard University Press, 2018; Wright, George C. Racial Violence in Kentucky, 1865-1940: Lynchings, Mob, Rule, and "Legal Lynchings". Louisiana State University Press, 1990; Tolnay, Stewart E. and Beck, E. M., A Festival of Violence: An Analysis of Southern Lynchings, 1882—1930. University of Illinois Press, 1995.

13 See Carrigan, William D. and Webb, Clive. "Muerto por Unos Desconocidos (Killed by Persons Unknown)': Mob Violence against African Americans and Mexican Americans," in Beyond Black and White: Race, Ethnicity, and Gender in the U.S. South and Southwest, edited by Stephanie Cole and Allison Parker, College Station, 2004, 35-7; Gonzales-Day, Ken. Lynching in the West: 1850-1935. Duke University Press, 2006; Pfeifer, Michael J. "At the Hands of Parties Unknown?"

14 Wood, Amy Louise. "'Killing the Elephant': Murderous Beasts and the Thrill of Retribution, 1885 —1930." The Journal of the Gilded Age and Progressive Era, vol. 11, no. 3, 2012, pp. 405-44.

post-Civil War southern lynching has been the provision of a more comprehensive understanding of African American reactions to such events. These responses encompassed a range of behaviors, including testimonies, armed self-defense, institutional activism, and artistic depictions.15 A significant portion of lynching scholarship has concentrated on the structure and context of racial violence, with relatively less emphasis on its impact on African American communities. However, recent scholarly works have shifted their focus toward elucidating the multifaceted nature of African American responses to white violence. These responses ranged from deference to defiance and incorporated a variety of actions, including self-improvement, exodus, and armed self-defense. The emphasis on the complexity of these responses has provided a more nuanced understanding of the dynamic relationship between African Americans and the oppressive practice of lynching.16

This dissertation intends to fit into this more recent literature to deepen our understanding of Black responses to lynching. The aim is to uncover a persistent African American legal counter-narrative that exposed the violation of Black people's rights by white people. This is achieved through an examination of Black activists' appeals to Federal Courts, African American print culture, and letters and testimony of "ordinary people" from the African American community who have had first-hand experiences or have been impacted by white violence. On the other hand, in order to understand the brutal violence African Americans faced, the research will also ask how white people could justify racial lynching. The study of the legal documents produced by state courts as well as newspaper articles on lynching will reveal why

15 See Clegg III, and Claude A. Troubled Ground: A Tale of Murder, Lynching, and Reckoning in the New South. University of Illinois Press, 2010; Feimster, Crystal, Southern Horrors: Women and the Politics of Rape and Lynching. Harvard University Press, 2009; Finnegan, Terrence. A Deed So Accursed: Lynching in Mississippi and South Carolina, 1881-1940. University of Virginia Press, 2013; Pfeifer, Michael J. "At the Hands of Parties Unknown? "

16 Williams, Kidada E. They Left Great Marks on Me: African American Testimonies of Racial Violence from Emancipation to World War I. New York University Press, 2012.

white Americans believed that their right to self-governance vindicated such mobbing. Was this right founded on habits and customs that had permitted the crowd to control crime in the absence of effective criminal justice for centuries? Can we define this phenomenon as a colonial and imperial legacy?

These issues will allow the research to interact with another significant trend in the historiography of lynching. Until recent years, scholars of lynching in the United States have devoted limited attention to examining international perspectives on lynching, and have overlooked opportunities to compare American lynching practices with analogous forms of illegal collective murder across diverse cultures and historical periods. However, more recent works have started "globalizing lynching history" with comparative studies of modern lynching in Latin America, sub-Saharan Africa, and the Middle East.17 This comparative perspective will allow the thesis to stress the occurrence of mob violence in certain cultural and historical contexts. One of the main assumptions that is addressed in this dissertation is that the lack of a strong centralized national state that claimed and enforced an exclusive monopoly over violence, typical of many postimperial contexts, is one of the fundamental reasons explaining the long-lasting toleration of local, collective, and extra-legal violence, grounded in local prerogatives of honor, class, race, ethnicity, gender, and crime control.

Race and citizenship

The issue of appeals to justice will be explored from a citizenship rights perspective, i.e., how the arguments used in lawsuits against lynching leveraged denied citizenship rights (such as ensuring a fair trial). However, this doctoral thesis does not aim to define what citizenship was at the end of the nineteenth century and along the course of the twentieth. It aims to ascertain how citizenship rights were denied to African Americans not only by the use of racial violence, but also by

17 Berg, Manfred and Wendt, Simon. Globalizing Lynching History - Vigilantism and Extralegal Punishment from an International Perspective. Palgrave Macmillan, 2011.

some legal mechanisms that prevented them from enjoying rights and liberties guaranteed by the Constitution.

By exploring American historiography about the recognition of citizenship rights for people of color, it emerges that this has been an ever-changing topic. It began with the historic ruling of Dred Scott, an enslaved Black person who sought eight years before the abolition of slavery to assert his rights as a human being.18 The case went all the way to the Supreme Court, and Judge Roger B. Taney drew his conclusions about the status of Black people, starting from questions that were answered in constitutional laws. In the first instance, Taney wondered: "Can a Negro, whose ancestors were imported into this country, and sold as slaves, become a member of the political community formed and brought into existence by the Constitution of the United States, and as such become entitled to all the rights, and privileges, and immunities, guaranteed by that instrument to the citizen?" Specifically, he referred to the "privilege of suing in a court," an action possible only for those who were American citizens, but for the judge, Black people were not.19

This line of thinking heightened social tensions between the northern and southern states about the emancipation of enslaved people, contributing to the outbreak of the American Civil War. In fact, only a few years after the Civil Rights Act of 1866 and the ratifications of the XIV and XV Amendments, African Americans were granted civil rights that they did not previously enjoy as they were not considered American citizens. This new legal recognition completely overturned the social order and hierarchies of racial dominance, as even formerly enslaved people had the right to sue a fellow citizen, contrary to what Dred Scott v. Sanford had ruled. Notwithstanding, episodes of racial discrimination continued. Indeed, the Ku Klux Klan was born in response to the abolition of slavery and the recognition of the citizenship rights of

18 See Ehrlich, Walter. "The Origins of the Dred Scott Case." The Journal of Negro History, vol. 59, no. 2, Association for the Study of African American Life and History, Inc., 1974, pp. 132-42; Ehrlich, Walter. "Was the Dred Scott Case Valid?" The Journal of American History, vol. 55, no. 2, 1968, pp. 256-65.

19 Scott vs. Stanford, 60 U.S. 393, 1857.

African Americans. 20

In fact, even during the 1940s, when the FBI began to be involved in investigations into lynching cases at the request of President Roosevelt first21 and then President Truman22, African Americans expressly asked for "first-class citizenship," 23 given the continuing incidents of racial inequality that occurred despite the fact that, according to the Constitution, there should be no differences of rights based on skin color. Racial biases arising from the colonial era continued to be sustained throughout the twentieth century, especially those relating to the construction of the collective imagination about the behavior of Black men.24 Accordingly, even just asking for a glass of whiskey in a saloon frequented by white men clearly demonstrated the affirmation of Black manhood and citizenship.25 Nevertheless, if small victories were obtained in some areas of daily life, in the southern courts, the situation was more alarming, so much so that Dred Scott's lawsuit never seemed to have been heard. Access to justice for many African American citizens was nothing but a mirage. In addition to severe poverty, illiteracy, and segregation due to the Jim Crow laws, many cases of lynching were not discussed in the courts, leaving their

20 See Baudouin, Richard (edited by). "The Invisible Empire." Ku Klux Klan: A History of Racism and Violence. Southern Poverty Law Center, 2011, pp. 17-24; Cohen, Michael. "'The Ku Klux Government': Vigilantism, Lynching, and the Repression of the IWW." Journal for the Study of Radicalism, vol. 1, no. 1, Michigan State University Press, 2007, pp. 31 -56; Degler, Carl N. "A Century of the Klans: A Review Article." The Journal of Southern History, vol. 31, no. 4, Southern Historical Association, 1965, pp. 435 -43.

21 See McMahon Kevin J. Reconsidering Roosevelt on Race: How the Presidency Paved the Road to Brown. University of Chicago Press, 2004; Ziglar, William L. "The Decline of Lynching in America." International Social Science Review, vol. 63, no.

1, 1988, pp. 14 -25.

22 See Billington, Monroe. "Civil Rights, President Truman and the South." The Journal of Negro History, vol. 58, no. 2, 1973, pp. 127-39; Juhnke, William E. "President Truman's Committee on Civil Rights: The Interaction of Politics, Protest, and Presidential Advisory Commission." Presidential Studies Quarterly, vol. 19, no. 3, 1989, pp. 593-610.

23 Randolph, Philip. "Keynote Address to the Policy Conference of the March on Washington Movement" in Black Protest Thought in the Twentieth Century, edited by August Meier, Elliott Rudwick, and Francis L. Broderick, Bobbs-Merrill Publishing, 1971, p. 226.

24 Equal Justice Initiative. Lynching in America: Confronting the Legacy of Racial Terror, Equal Justice Initiative Editions, 2017, pp. 65-75.

25 Hudson, Lynn M. "Entertaining Citizenship: Masculinity and Minstrelsy in Post— Emancipation San Francisco." The Journal of African American History, vol. 93, no.

2, 2008, pp. 174-97.

management to local communities.26 Hence, citizenship rights continued to be violated as they were hardly exercised due to the social condition in which African Americans lived.

Through the analysis of lawsuits in lynching-related cases presented at the state and federal levels for some violations of the law, it is possible to observe how, despite the United States citizenship guarantee of legal status, the victims of lynching were not recognized by their fellow citizens.27 Not only did white people take the place of the state, over-identifying with it and decreeing sentences that could not have occurred if due processes had taken place28, but also only on a few occasions were perpetrators of lynching sentenced for having committed a crime. Normally state justice did not indict white people who had participated in lynching episodes, even in the case of charges brought against them.29

These episodes of extra-legal violence contributed to the construction of the United States citizenship and identity through the social, political, cultural, and institutional clashes that such violence provoked over the years since they were not an attack on individuals, but "against the 'peoplehood' of African Americans."30 In this perspective, the study of lawsuits has proved to be a privileged source for exploring the extent to which the "civilization of torture"31 has contributed to American identity formation.

However, the current historiography on African American lynching in the United States primarily focuses on violent mob lynching outside the legal system. The dissertation's originality lies in critically examining the legal lynchings that state governments carried out, an aspect not explored enough by previous scholarship. By examining the

26 Miller, Randall M. "Lynching in America: Some Context And A Few Comments."

Pennsylvania History: A Journal of Mid-Atlantic Studies, vol. 72, no. 3, 2005, pp. 275-91.

27 Equal Justice Initiative. Lynching In America.

28 Pfeifer, Michael J. The Roots of Rough Justice, pp. 54-66.

29 Bailey, Amy Kate, et al. "Targeting Lynch Victims: Social Marginality or Status Transgressions?" American Sociological Review, vol. 76, no. 3, 2011, pp. 412-36.

30 Finnegan, Terence. "'Politics of Defiance': Uncovering the Causes and Consequences of Lynching and Communal Violence." The Journal of American History, vol. 101, no. 3, 2014, p. 850.

31 Brundage, Fitzhugh W. Civilizing Torture.

violations of due process and constitutional Amendments, as well as the actions of state governors and judges in the highest courts, this dissertation sheds light on the complex and interconnected issues of state formation, criminal justice, social morals, and the idea of rights in the United States during the first half of the twentieth century. The analysis challenges the traditional differentiation between legal and mob lynching by shedding light on the ways in which due process and constitutional Amendments were frequently violated by many public subjects, including state governors and law enforcement officials. By questioning the distinction between legal and mob lynching, this research stresses the state's role in perpetuating and legitimizing racial violence. Moreover, through a nuanced analysis of legal and extra-legal cases of racial brutality, this dissertation contributes to a better understanding of the historical roots of racial injustice in the United States by underling how appeals to justice sometimes resulted in the imposition of a death sentence. They highlight the systemic biases inherent in the criminal justice system, which continue to affect marginalized communities even today. Overall, this research expands our understanding of the historical context of African American lynching in the United States, providing crucial insights into the struggle for racial justice and equality. This struggle encompasses a wide range of issues, including but not limited to, police brutality, mass incarceration, access to quality education and healthcare, employment opportunities, voting rights, and housing discrimination. It also involves addressing the historical legacy of slavery, Jim Crow laws, and other forms of institutionalized racism that have created and perpetuated racial disparities in American society.

Finally, by exploring the complex interplay between state formation, criminal justice, social norms, and ideas of rights, this dissertation offers new insights into the complex and interrelated historical factors that have contributed to the persistence of racism and discrimination in the United States, thereby enhancing our understanding of the enduring legacies of systemic inequalities in American society.

Methodology and sources

Scholars have not sufficiently dealt with the study of the appeals to justice due to the difficulty in finding these documents as they are scattered throughout numerous states, and some copies are even found in European libraries and archives. Hence, even just reconstructing a legal battle has become a very time-consuming and expensive investigative job. Indeed, this dissertation's collection of primary sources resulted from seven months of archival research, with another five months of online research due to the global Covid-19 pandemic. Thanks to a fellowship from the Roosevelt Institute for American Studies (The Netherlands), it was possible to spend a month (November 2019) at this research institute to collect material on the appeals of Cleo Wright (1942) and Mack Charles Parker (1959), and investigations carried out by the FBI. Another six-month research stays in the United States (February - July 2020) was possible thanks to a grant from the Ufficio Pio - Compagnia di San Paolo and a partnership with Yale University. Unfortunately, the pandemic outbreak made it impossible to renew my stay because the archives of my interest were closed to the public, not allowing me to consult the documents. However, thanks to the digitization of many primary sources during 2021, I was able to collect most of the documents of interest, managing to complete the dissertation thanks to over hundreds of primary sources. The study of these dossiers proved fundamental to exploring how the definitions of "lynching," "race," and "citizenship" changed depending on the state or context in which they were proposed. They often became the subject of debate between state and federal authorities in the persecution of cases of racial violence.

Analyzing how white and Black people - perpetrators of lynching and victims - perceived lynching and manipulated its meanings to justify or fight against it requires the study of legal and political sources. Freedmen's Bureau records, congressional hearings, appeals to justice, Supreme Court rulings, Black newspapers, the correspondence of federal agencies such as the Justice Department, and the records of civil

rights organizations such as the National Association for the Advancement of Colored People were investigated in my doctoral dissertation to recover the voices of African Americans who witnessed white violence and strategized to counter it.

As for the white perception of lynching, the research is based on the state and local courts' legal acts and local newspapers. The latter often reported and justified lynching and mob violence, considering it a legitimate act sanctioned by a community. Those seeking legitimacy for such violence, such as the Ku Klux Klan, most often found Americans receptive to the fact that mob action was politically justified or necessary to provide order. This approach has also allowed the reconstruction of biographies of those who fought against racial lynching in the courts and federal agencies and raised questions about who protected the rights of American citizens.

The initial research strategy involved the collection of appeals to justice related to the violation of due process for racial discrimination issues. These documents have been studied during some research visits to the Library of Congress and the Roosevelt Institute for American Studies. The analysis of legal and administrative sources has thus always been associated with an inquiry on the individuals petitioning for civil rights violations. The controversy over the influences of slavery and racial dominance issues as origins of lynching has always been explored using legal historians' techniques: analysis of law and rulings, analogy, and comparison among court cases. This demarche permitted to clarify broader processes related to the intersection of race and capital punishment from a historical perspective. The connection between institutional practices of violence and rough justice for the understanding of racial inequalities in lynching-related cases will be explored through the significant cases of "legal lynching" victims. They refer to the argument that the criminal justice system in the United States perpetuates a form of state-sanctioned violence against African Americans, akin to historical mob lynchings. Still, this term emphasizes the belief that systemic racism within the criminal justice system results in a disproportionate number of Black people being killed by police or sentenced to harsh penalties,

even when they are innocent or have committed minor offenses. Hence, it highlights the need to draw attention to the ongoing struggle for racial justice and the urgent necessity for reform in the criminal justice system.

Thesis structure

This dissertation's major body is comprised of three chapters and a conclusion.

Chapter 1, Lynching: Origins and Development, introduces the dissertation, providing a background context relative to the roots, causes, and consequences of this particular form of extra-legal violence. This chapter, as a preamble to the corpus of original research in primary source materials of Chapters 2 and 3, is based mainly on secondary sources.

Lynching did not have a single and socially accepted legal definition until 2021, the year in which the "Emmett Till Antilynching Act" was proposed to transform this act of violence into a federal crime after hundreds of failed attempts during the twentieth century.32 The central efforts for a federal anti-lynching law are examined with the different definitions of the crime proposed over the decades following the cases that most shocked public opinion, such as Jesse Washington's murder presented in the section.33

In the absence of a legally agreed definition, many states understood lynching in their own way, sometimes considering it a kidnapping or murder, but often without punishing the perpetrators. 34 The absence of conviction was due to the handling of cases in state courts, where the segregationist sentiment of race differentiation did not

32 President Joe Biden signed the Emmett Till Antilynching Act on March 29, 2022.

33 See Bernstein, Patricia. The First Waco Horror: The Lynching of Jesse Washington and the Rise of the NAACP, Texas A&M University Press, 2006; SoRelle, James M. "The 'Waco Horror': The Lynching of Jesse Washington." The Southwestern Historical Quarterly, vol. 86, no. 4, 1983, pp. 517-36.

34 See Corvino, Giovanni B. " The Meanings of Lynching, A Word that Crossed the World," Elementary Education Online, vol. 20, no. 5, 2021; Waldrep, Christopher. "War of Words: The Controversy over the Definition of Lynching, 1899-1940." The Journal of Southern History, vol. 66, no. 1, 2000, pp. 75-100.

cease with the new post-Civil War Amendments.35 For this reason, this chapter does not focus only on lynching's colonial origins. It also investigates the relationship between slavery and lynching since the first cases of violence were recorded when slavery was still legal. Specifically, two episodes of mob lynching are described. The first relates to Vicksburg's tragedy (1835)36, against which even President Abraham Lincoln expressed a harsh statement. 37 The second case occurred in Madison County a few years earlier (1831), where a black-on-white group lynching by enslaved people searching for freedom was immediately fought with a white-on-black mass lynching.38

Chapter 1 also offers an overview of the characteristics and peculiarities of the crime's perpetrators.39 Specifically, the few documented lynching stories of the nineteenth century are examined thanks to newspaper articles collected during the research period at Yale University. In the literature, Brundage, Pfeifer, Waldrep, and others have investigated this issue through vigilantes and organized terrorist groups such as the Ku Klux Klan.40 However, no detailed attention has been given to the dehumanization processes that led the crowd to commit acts of cruel violence, as proposed in this chapter through the cases of lynchings of Thomas Shipp and Abram Smith (1930). In order to further explore how, through violence, the crowd wanted to convey specific values to the whole African American community, it is observed the mob modus operandi in the cases of Henry Smith (1893)41

35 Alfieri, Anthony V. "Prosecuting Race." Duke Law Journal, vol. 48, no. 6, 1999, pp. 1157-264.

36 Smith, Thomas Ruys. "Independence Day, 1835: The John A. Murrell Conspiracy and the Lynching of the Vicksburg Gamblers in Literature." The Mississippi Quarterly, vol. 59, no. 1 -2, 2005, pp. 129-60.

37 Waldrep, Christopher. "The Constitution According to Abraham Lincoln." Journal of the Illinois State Historical Society (1998-), vol. 93, no. 2, 2000, pp. 208-14.

38 Eaton, Clement. "Mob Violence in the Old South." The Mississippi Valley Historical Review, vol. 29, no. 3, 1942, pp. 351 -70.

39 See Bailey, Amy Kate, et al. "Targeting Lynch Victims."; Equal Justice Initiative. Lynching In America; Perry, Samuel. "'Strange Fruit,' Ekphrasis, and the Lynching Scene." Rhetoric Society Quarterly, vol. 43, no. 5, 2013, pp. 449-74.

40 For an overview see Brundage, Fitzhugh W. Lynching in the New South: Georgia and Virginia, 1880-1930, University of Illinois Press, 1993; Pfeifer, Michael J. (edited by). Global Lynching and Collective Violence: Volume 2; Waldrep, Christopher. Lynching in America. A history in Documents, NYU Press, 2006.

41 Unknown. "Another Negro Burned", The New York Times, February 2, 1893, p. 1.

and the elephant Mary (1916).42 They show similarities and differences in understanding the role of dehumanization in lynching, comparing cases of humans and animals.

The first major part concludes with the commitment and strategies of the NAACP in fighting for the advancement of African American civil rights throughout the twentieth century. This study is developed in depth in the next chapter as there were strong state and federal clashes over the continuation of racial bloodshed.

After introducing the general context within which extra-legal violence occurred and found the right environment to perpetuate itself, Chapter 2, The Fighting Against Lynching: The State Courts And The Federal Government, emphasizes the clashes within the United States' political and legal system related to the attempt to stop the continuing racial episodes that also damaged the American democratic image abroad.43 Specifically, it reviews the legal regulations that individual states - especially in the South - adopted to counter the growing episodes of racial violence.44 Nevertheless, not all states agreed to establish ad hoc laws mainly favoring Black people. Indeed, the United States' response was not unanimous, and by 1934, there were 36 states with an anti-lynching law. However, these laws turned out to be an absolute failure since lynchings were punished in less than 1% of the cases in which organizations such as the NAACP called for applying these state laws.45 In order to understand the reasons for this malfunction, the sentence relating to the lynching of Samuel Hose (1899)46, which took place in Georgia, one of the states with the highest rate of mob violence,

42 Wood, Amy Louise. "'Killing the Elephant': Murderous Beasts and the Thrill of Retribution, 1885 —1930." The Journal of the Gilded Age and Progressive Era, vol. 11, no. 3, 2012, pp. 405-44.

43 See Hobbs, Tameka Bradley. Democracy Abroad, Lynching at Home: Racial Violence in Florida. University Press of Florida, 2015; Pinar, William F. "The NAACP And The Struggle For Antilynching Federal Legislation, 1917-1950." Counterpoints, vol. 163, 2001, pp. 683-752.

44 Dyer, L. C., and George C. Dyer. "The Constit utionality of a Federal Anti-Lynching Bill." Louis L. Rev., vol. 186, 1928.

45 Zangrando, Robert. "The NAACP and a Federal Antilynching Bill, 1934 -1940", The Journal of Negro History, vol. 50, no. 2, 1965.

46 Grem, Darren E. "Sam Jones, Sam Hose, and the Theology of Racial Violence."

The Georgia Historical Quarterly, vol. 90, no. 1, 2006, pp. 35-61.

is investigated.47 Furthermore, an overview of the socio-legal situation and law enforcement in Texas, Indiana, and Ohio is also offered, given the commonalities with the Georgian case.

Subsequently, ample space is given to the role that President F.D. Roosevelt and President Truman had in establishing the Civil Rights Section and the involvement of the FBI in prosecuting lynching perpetrators starting in the 1940s.48 In particular, an analysis of the phenomenon of lynching related to Black war veterans, such as those of Isaac Woodard (1946) and Isaiah Nixon (1948), is proposed. Indeed, World War II inevitably drew attention to the issue of the United States' racial violence, which was considered unacceptable by foreign countries.

In order to observe the Federal Government's position in countering the continuous episodes of racial conflicts, a section of this chapter underlines the difficulties that the FBI had in prosecuting the lynching arguments through the analysis of two significant cases: those of Cleo Wright (1942)49 and Mack Charles Parker (1959).50

The analysis of these two cases introduces Chapter 3, From the Right of Appeal to "Legalized Lynchings," which presents an overview of legal battles by the NAACP linked to lynching acts by a crowd of people. Unpublished cases were collected during a research period at Yale University. The analysis of these legal sources reveals that lawsuits were mainly based on constitutional Amendments violations. The examination of lawsuits in the cases of Ed Johnson (1906), William Ward (1942), Howard Wash (1942), Cellos Harrison (1943), Willie Francis (1947), Groveland Four (1949), Amos Reece (1957), and Jeremiah Reeves (1958), allows the reconsideration of the development of the United States' criminal-procedure judgments as a result of the

47 Brundage, F.W. Lynching in the New South, p. 262.

48 O'Reilly, Kenneth. "The Roosevelt Administration and Black Amer ica: Federal Surveillance Policy and Civil Rights during the New Deal and World War II Years." Phylon (1960-), vol. 48, no. 1, 1987, pp. 12-25.

49 Capeci, Dominic J. "The Lynching of Cleo Wright: Federal Protection of Constitutional Rights during World War II." The Journal of American History, vol. 72, no. 4, 1986, pp. 859-87.

50 Smead, Howard. Blood Justice: The Lynching of Mack Charles Parker, Oxford University Press, 1986.

influence exerted by the Supreme Court in the process of prosecuting and convicting individuals involved in lynching-related crimes mainly between 1940-1960, These twenty years represent indeed a considerable development for civil rights recognition, owing to new presidential political directives, the Federal Government's commitment, and the NAACP's contribution. Likewise, considering the legal impact of the prosecution of racial violence, this chapter aims to rethink the background of state formation, the criminal justice system, social morals, and the common idea of citizens' rights.

This final chapter also highlights the strict connection between lynching and the death penalty. Since lynching became an unpleasant problem in protecting the United States' standing abroad, the death penalty was used as a means to avoid further extra-legal violence episodes. The use of the capital punishment penalty in the United States has gone through several shifts during the country's history as a result of socio-political events. Because its use has become less common since its first practice, several governments have initially outlawed it, then later reinstated it, and finally condemned it. Its performance in recent times has not been up to the level it once reached. The electric chair, which resembled public lynchings in its sensational nature, has been replaced by lethal injection and others as a new method of execution. Undeniably, skin color continued to affect the verdicts over the years, given that African American history is a chronicle of continuous resistance and struggle against the violence that is still ongoing. However, before executions were carried out, it was possible to appeal in the case of inconsistencies with the laws in force. The final chapter will explore the legal arguments used in these lawsuits, underlining the similarities and differences with those related to lynching cases.

Заключение диссертации по теме «Другие cпециальности», Санторо Джованни

CONCLUSIONS Reconsidering Rough Justice and Due Process

On March 29, 2022, the Emmett Till Antilynching Act was officially made law with the signature of President Joe Biden. Since that day, lynching has been considered a federal hate crime. Specifically, lynching is defined as a crime driven by hate, as two or more people planning to attempt to kill, kidnap, sexually abuse, or hurt someone for different reasons, including issues of race, gender, sexual orientation, religion, or other discrimination. The penalty for this crime consists of imprisonment for up to thirty years.

Even while the practice of lynching is not nearly as widespread as it was in the past, it is nevertheless carried out occasionally. In fact, if this law had been in effect in Georgia in the year 2020, the homicide of Ahmaud Arbery, whom three men killed while he was jogging because they thought the young African American had previously attempted to rob a nearby house, might very well have matched the description of the crime punishable by the law. The modus operandi of this recent case and the reasons that motivated the violence are reminiscent of the episodes of lynching that disturbed the United States during the twentieth century. Therefore, the Emmett Till Antilynching Act's approval came at a historical moment in which the persecution of racial violence must finally find justice.

The study of the lynching cases that marked the history of the United States has been of fundamental importance to understand why it took over a century of legal battles and appeals to justice for the approval of an anti-lynching law. In fact, previous chapters have explored the role of forced confessions, racial discrimination in the selection of juries, violation of Constitutional Amendments, the impact of international and national political choices, and the support of the NAACP and the Federal Government in fighting the particular form of extralegal violence that was lynching. It emerges that many appeals to the Supreme Court during the twentieth century were based on the violation of due process.

This dissertation has also demonstrated the role of American courts in the advancement of African Americans' civil rights. The characteristics that distinguished them, such as the speeches of lawyers, appeals to justice, and the application of the common law, have been treated by courts of every order depending on two unique categories: being Black or white. Skin color invoked racial stereotypes during hearings, impacting the judgment skills of judges and jurors and determining a court's binary racial system. When a white person was accused of violence against a Black person, the defense resorted to the use of deviant images that degraded the social value of the African American victim, for example, by falsely claiming that exclusively Black men raped white women. By painting the image of an entire community unable to control its instincts, white supremacist lawyers reinforced the collective imagination of Blacks' moral and intellectual inferiority, thus providing the logic necessary to justify episodes of racial violence through lynching.

Several scholars have observed the cause-and-effect relationship between legal processes and the ideology of race by examining the overturning of lower court sentences by federal courts or the Supreme Court. In particular, historian Ariela Gross has dealt with topics of race and racism by analyzing the processes of racial identity in the nineteenth-century United States, primarily through the sentences of the courts or other government bodies that had to establish who should be considered Black or white, and consequently, which rights should be granted. In this regard, through the study of the appeals to justice presented in Chapter 3, it emerged that racial identity determined the application of justice in all the cases examined since defining who was morally entitled to citizenship rights was established in agreement with the final verdict. Although citizenship rights were extended to Black people after the abolition of slavery, for the mainstream, this had not really been understood. The false myth of racial inferiority continued to persist even after the promulgation of the Thirteenth Amendment, resulting in verdicts vitiated by racial bias: by not condemning the perpetrators of the lynching, it was possible to continue to keep African

Americans in a lower hierarchical position so that no cases of sex and marriage between white women and black men could occur. The fear associated with "racial mixing" justified any kind of action, even if extremely violent, for white people.

Another major factor that contributed to the survival of lynchings was the lack of adequate law enforcement protection. On many occasions, law enforcement was not able to guarantee the safety of Black people, despite the circumstances suggesting that violent episodes could have occurred. Examples of this were the cases of Cleo Wright, Mack C. Parker, Cellos Harrison, and many others examined in this dissertation.

The clash between state and federal authorities was therefore crucial. When the Supreme Court, the highest representation of the judiciary, questioned some of the sentences of the local courts for violation of "due process," rough justice risked gaining the upper hand in city communities that had never wanted to abandon the concept of white supremacism. Considering Black people as second-class citizens with fewer rights, many felt that judgment by the people where the crime occurred contained more value than the decision of a court that did not directly experience the incident. Many white people often intended to "educate" African Americans through the exercise of violence, whether legally permitted or not. Therefore, for this to be possible, nothing and no one could oppose the popular will. With this in mind, local law enforcement accepted and supported the system of racial differentiation that inevitably placed Black people at a social disadvantage, despite this going against the professional ethics of the public role they represented. Though this was not valid for all the forces of law and order, in the South, where there was a solid discriminatory mentality, racial resentment imposed its strength by shaping the minds of many.

In the aforementioned cases, some sheriffs did not carry out adequate investigations, violated the laws, and were sometimes themselves promoters of lynching. Even more disconcerting was that they were not punished for their crimes because the entire community asked them to act that way, and therefore no one testified against them.

However, the legacy of the wars that followed in the first half of the twentieth century changed American opinion. Wars always undermined traditional models of status and behavior since they involved a shared sacrifice that led toward the common good and inevitable egalitarian implications.658 Specifically, World War II strongly influenced racial attitudes and practices. The ideology of the war was pro-democratic and anti-fascist, thus anti-discriminatory. The force and commitment of the Nazis - towards a policy in which Aryan supremacy excelled - contributed to stimulating anti-racial policies in the United States. Even Hitler had written a letter to President Roosevelt in June 1933, asking to stop the terrible lynchings that occurred on American soil since they were considered a shame for civil society and intolerable for several constituents. He claimed:

Excellent Sir: I have been asked by many of my peace loving people to, in a very friendly way, to importune in behalf of black people who, I am informed, are barbarously lynched, cruelly treated and burned to death without due process of law. [...] In my boyhood days my greatest pleasure came from reading Old Cap Collier and how "Another Red Skin Bit the Dust", but I now realize that the American Indians was, with all his primitive imperfections, far superior to your gangsters and sneaking politicians. Frankly speaking I would not have you feel that I wish to butt into your affairs but to satisfy many of my constituents, some as far north as the Polish corridor, I am forced to transmit this protest against an uncivilized custom of broiling helpless victims by mobs.659

As already observed, Roosevelt did everything possible to improve the social condition of African Americans, but only without disturbing the internal politics on which his administration was based. 660 The Second World War provided Black people with the necessary economic and political resources to urge new reforms, a wide range of white allies, and a renewed sense of mission. All this allowed them to become much more influential in the political sphere after the war. Therefore, the clashes between the Federal Government and state authorities were

658 Klarman, Michael J. "Rethinking the History of American Freedom." Wm. & Mary Law Review vol. 42, no. 1, 2000.

659 Adolf Hitler to FDR, 1 June 1933, Box 93-A, Papers as President: Official File, FDR Papers, FDR Library.

660 See Grill, Johnpeter Horst, and Robert L. Jenkins. "The Nazis and the American South in the 1930s: A Mirror Image?"; Wiesen, S. Jonathan. "American Lynching in the Nazi Imagination: Race and Extra-Legal Violence in 1930s Germany." German History, vol. 36, no. 1, 2018, pp. 38-59.

increasingly intense, especially when the authority of the first was questioned. Indeed, while in the past, investigations were generally left to local law enforcement, now the FBI assumed the centrality of inquiries, if necessary, as in the cases of Mack C. Parker and Cleo Wright. In fact, many years earlier, with the lynching of Ed Johnson and the United States v. Shipp, it was evident that the Federal Government did not want to allow its authority to be questioned. If in the first instance, it wanted to affirm federal power over local power, on the other hand, it wanted to limit internal conflicts to avoid transmitting the idea possible government instability or mismanagement of governance to foreign powers. Precisely for this reason, dealing with cases of racial violence in the South of the United States, even after the rise of the NAACP and the civil rights movement, often became thornier than previously understood. The Screws v. United States ruling in 1945, resulting from the Robert Hall lynching case, was representative of the Supreme Court's desire to safeguard its image in the eyes of the international context without, however, creating intense internal clashes.

Baker County Sheriff (Georgia) Claude Screws arrested Robert Hall, a young Black man, on January 29, 1943. The reason for the arrest was Hall's theft of a tire and his attempted assault of Screw and his two colleagues when they approached him. The affair ended with the death of Robert Hall by brutal beating. In Screws v. United States the episode was reported in detail:

This case involves a shocking and revolting episode in law enforcement. Petitioner Screws was sheriff of Baker County, Georgia. He enlisted the assistance of petitioner Jones, a policeman, and petitioner Kelley, a special deputy, in arresting Robert Hall, a citizen of the United States and of Georgia. [...] They claimed Hall had reached for a gun and had used insulting language as he alighted from the car. But after Hall, still handcuffed, had been knocked to the ground they continued to beat him from fifteen to thirty minutes until he was unconscious. Hall was then dragged feet first through the court house yard into the jail and thrown upon the floor dying. An ambulance was called and Hall was removed to a hospital where he died within the hour and without regaining consciousness. There was evidence that Screws

held a grudge against Hall and had threatened to 'get' him.661

Apparently, Hall did not get due process, and he was also a victim of rough justice. Therefore, the due process clause related to the Fifth and Fourteenth Amendments was violated as Hall was not judged by a jury but by public officials who handed down a sentence with their own hands. The African American victim could potentially be sentenced to death, as the three determined, but only decided by a jury. Hence, Screws, Jones, and Kelley took the place of justice that should have ruled whether Hall had - or not - perpetrated a crime and consequently what sentence he should have served.

Hall was a United States citizen under the Constitution and held the same rights as any other citizen. In any case, to avoid any misunderstanding, this time, the Supreme Court defined the victim as "a citizen of the United States and of Georgia."662 This firm stance in one of the thousands of lynching cases stemmed from the media attention that this case garnered and the civil commitment that the local United States attorney dedicated to prosecuting the perpetrators. The media publicity that followed constrained the Federal Government from expressing itself. Otherwise, its image would have paid the consequences. It was considered that Section 51, Section 5 2 663, and Section 88 of Title 18 were violated because the case could also be considered a conspiracy against the United States as three representatives of justice committed a crime that harmed the figure of justice that they had to represent on behalf of the state. Furthermore, by doing so, they deprived a citizen of his federal rights rather than safeguarding them. Despite this, the sentence was not immediate, and Screws was re-elected several times before the final sentence of the Supreme Court: in the eyes of his fellow citizens, he had acted in the interest of the entire county.

661 Screws et al. v. United States, 325 U.S. 91, 139, 1945.

662 Ibidem.

663 Civil Rights Section used the United States Code designations, §§ 51 and 52 instead of the Criminal Code designations, §§ 19 and 20. Therefore, Section 19 is corresponding to Section 51 and Section 20 to Section 52.

Finally, the Supreme Court had to determine if Screws and the other two were really guilty of Hall's death or if it was just an unfortunate series of events. A conviction would have represented to the world the will to punish any act of violation of the law, even when a sheriff carried it out. However, if that had happened, Baker County would have revolted, and it would have caused even unrest. These are probably the real reasons that led the Supreme Court to acquit the defendants. It decreed:

It is not an undue incursion of remote federal authority into local duties with consequent debilitation of local responsibility. [...] The Government admits that it is appropriate to leave the punishment of such crimes as this to local authorities. Regard for this wisdom in federal-State relations was not left by Congress to executive discretion. It is, we are convinced, embodied in the statute itself.

Two points made this case significant in understanding why it was so difficult for the Department of Justice to initiate legal proceedings in lynching cases involving local government officials. First, Hall's murder was justified by the defendant and witnesses by the lack of strict measures to contain the crimes charged against African Americans, for which the white population required exemplary sentences. The violent and remorseless aggression that led to the young man's death was just one of many that had already occurred in previous decades and that demonstrated the daily difficulties of African Americans from the end of the Civil War until the 1960s when there was a real advancement of civil rights. Many Congressmen questioned of the need for greater local security administered by individual states. They believed that the Thirteenth, Fourteenth, and Fifteenth Amendments had granted excessive citizenship rights to African Americans, rights protected by the federal government at the expense of decisions that individual states wished to have control over the local racial status quo. The administration of justice was the main subject of confrontation. The Southern states especially did not want the federal government to interfere with the handling of cases of racial violence.664

664 See Balkin, Jack M. "The Reconstruction Power." New York University Law Review, vol. 85, no. 6, 2010.

Second, Screws v. United States is the result of a concatenation of events born of civil battles and legal strategies adopted by the Department of Justice and NAACP in the conviction of lynching. Specifically, emphasis was placed on the application and validity of Sections 241 and 242 for the incarceration of public officials in cases of racial violence.665 Section 241 establishes the prohibition for two or more persons to conspire against the exercise of the federal constitutional rights of any citizen, applying this prohibition to public officials too. Despite this, the statute was mostly designed to prosecute only private citizens who violated this law, so much so that the Supreme Court's decision in United States v. Cruikshank overturned federal and civil rights convictions for the murders of dozens of Black people and three white people by an armed white Democrat militia. 666 The case dealt a severe blow to federal efforts to preserve African Americans' civil rights during and after Reconstruction. Even though this statute was still in effect during Screws v. United States, it was rarely applied when public officials were involved. However, Section 242 has not been the subject of wide judicial interpretation since its ratification, but even in this case, its application was slow when the accusations were directed at civil servants who claimed to have acted to protect the entire community. Specifically, Section 242 considered it to be a crime "for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States," but at the time it was not clear what the jurisprudence meant by "under the color of law" and when a person acted "willfully" against a Black person with the intent of infringing the range of rights protected by the Constitution. In Screws v. United States, the Supreme Court was called upon to establish whether this specific statute could lead to the legal prosecution of the violation of the rights protected by the Fourteenth Amendment's Due Process Clause for the first time in history. In fact, as had already occurred in previous cases of lynching, Hall had been deprived of his right to receive a fair trial, being sentenced

665 Enforcement Act of 1870, ch. 114, § 6, 16 Stat. 140, 141.

666 United States v. Cruikshank, 92 U.S. 542, 1876.

by those who had claimed the right to take place of the state by decreeing themselves as judge, jury, and executioner.

Considering the will of individual states to have full control over the administration of justice on their territory and the difficulty of interpreting federal laws over state ones in Screws v. United States, there has been great consideration about the role that the United States Supreme Court has played in convicting local officials in cases of police brutality concerning racial issues. Justice Frankfurter, one of the Supreme Court justices who handled this case, argued that Sheriff Screws had violated Georgia law by killing a person in that state, and as a result, it was fair to give the court of Georgia a chance to establish the most appropriate punishment for the crime committed. Concerning the issue related to actions "under color of law," Justice Frankfurter asserted that if the federal government was allowed to prosecute Sheriff Screws, individual states would soon face a "revolutionary change" that would inevitably lead to bitter sociopolitical clashes.667 In this regard, to prevent such an unfortunate situation, Justice Frankfurter argued that federal intervention would be necessary and legitimate only when state laws had somehow authorized certain violent actions against an individual. Otherwise, individual states had the right to enforce their own laws without the federal government questioning them since there were no constitutional violations.668 Justices Roberts and Jackson supported this thinking, along with white people in Georgia who demanded the monopoly over justice in the state. However, the application of Section 242 was still unclear in lynching cases such as this one, for which an appeal to justice was filed. According to Justice Frankfurter, the concept of acting "willfully" in relation to the infringement of civil rights was unrelated to the rights the Constitution protected as they were not specified in the statute itself, leaving ample judiciary interpretation.669 Based on these considerations, the Supreme Court then ruled that Screws, the main defendant, did not actually

667 Screws, 325 U.S. at 144.

668 Ivi, at 142 - 149.

669 Ivi, at 151.

violate Hall's civil rights, as it was not his intention to do so. A popular uprising was averted with this ruling because Baker County's supremacist thinking was upheld. Furthermore, there could not be a scandal on an international level because the Federal Government had expressed itself through the Supreme Court on the matter, asserting its presence - with over 25,000 words of opinion - in one of the issues of violence that caused so much sensation abroad.

International changes and the advancement of the civil rights movement strengthened African American awareness about Black importance at all social levels. Episodes of rough justice decreased over the years, becoming more sporadic, giving way to the convictions of white majority juries who were often unaware of due process. Nevertheless, it was only in 1952, after nearly a century of lynchings, that Congress ruled the removal of the requirement to be a "white person" in order to be eligible for naturalization to citizenship. Jim Crow laws were still in effect in those years, but the civil rights advancement movement had more general social support, so much so that the Supreme Court made a historic decision in Brown v. Board of Education of Topeka (1954), invalidating racial segregation in public schools because it was unconstitutional. As civil rights battles progressed, there were essential improvements that advanced the living conditions of African Americans, particularly after the abolition of Jim Crow laws and with the Civil Rights Act of 1964 and the Voting Rights Act of 1965.

Yet, the death penalty coexisted with the practice of lynching, and both were carried out during the same years in many states. Interestingly, where the death penalty has been abolished as it was considered a practice against human rights, it was reintroduced to cope with the emerging cases of extralegal racial violence. For example, exploring the historiography of the death penalty in Kentucky, public hanging was abolished in 1880 but was reinstated in 1920 under popular demand for punishments that would satisfy white society's desire for

revenge for crimes such as sexual violence.670 Similarly, in lynching historiography, there are many cases between 1880-1920 in which, in the absence of a merciless sentence, a crowd of people took justice into their own hands. Therefore, the state needed to appease the popular demands without violating federal law. Hence, the reintroduction of the hanging in 1920 made it possible not to question the state authority or criticize it because there were no extralegal acts of violence (such as public lynchings) that went against the law and therefore could be condemned by any court. Soon, court-ordered executions overtook lynchings. Indeed, over 60% of people executed in the following decade were Black individuals.671

The not well-known lawsuits of appeals to justice in lynching-related cases offer significant insights into understanding the concept of "race" and the practice of lynching in shaping contemporary capital punishment. In these lawsuits, there was often racial discrimination in jury selection, due process violation, lynching attempts, FBI participation in the investigations, and a final verdict that aligned with the white supremacist will of the counties more than with a real examination of the facts, despite the involvement of the Supreme Court and some appeals to justice.672 For these reasons, capital punishment in the United States was racialized during the lynching era after the abolition of slavery. Still, race was not yet a fixed and rigid concept determined by the promulgation of new amendments to safeguard the rights of all citizens regardless of skin color. Indeed, the cases of lynching contributed to a reiteration and redefinition of the concept of race since not only were the victims dehumanized to the point of being

670 Wright, George C. Racial Violence In Kentucky, 1865-1940: Lynchings, Mob Rule, and "Legal Lynchings", Louisiana State University Press, 1990.

671 Ibidem.

672 See Capeci, Dominic J. "The Lynching of Cleo Wright: Federal Protection of Constitutional Rights during World War II." The Journal of American History, vol. 72, no. 4, 1986, pp. 859-87; Cox, Oliver C. "Lynching and the Status Quo." The Journal of Negro Education, vol. 14, no. 4, 1945, pp. 576-88; Waldrep, Christopher. "National Policing, Lynching, and Constitutional Change." The Journal of Southern History, vol. 74, no. 3, 2008, pp. 589-626; Williams, Yohuru R. "Permission to Hate: Delaware, Lynching, and the Culture of Violence in America." Journal of Black Studies, vol. 32, no. 1, 2001, pp. 3-29.

lynched like the elephant Mary (1916) or other animals,673 but these victims were considered second-class citizens, deprived of certain rights.674 African Americans were considered unable to curb their sexual and violent instincts due to an alleged physical and mental disability that precisely differentiated them.675 As a result, the high honor of white women was continually in jeopardy676: thus, while African American men were dehumanized, white women were valued.677 This line of thinking was then extended to the classes in which they belonged, reinforcing this racial distinction in the collective imagination and the meaning of race, which considered Black people inferior and ashamed of their status.678

However, the fundamental connection between lynching and capital punishment is linked to the similarities in the execution. The accused was often executed in front of thousands of people, frequently by hanging. This modus operandi was applicable in cases of extralegal violence, as well as a consequence of a state or federal court verdict.679 The study of the legal documents produced by the courts and newspaper

673 Wood, Amy Louise. "'Killing the Elephant': Murderous B easts and the Thrill of Retribution, 1885 —1930." The Journal of the Gilded Age and Progressive Era, vol. 11, no. 3, 2012, pp. 405-44.

674 Waldrep, Christopher. Lynching in America: A History in Documents. New York University Press, 2006.

675 See Freedman, Estelle B. "The Racialization of Rape and Lynching" in Redefining Rape, Harvard University Press, 2013, pp. 89-103; Stein, Melissa N. "Unsexing the Race: Lynching, Castration, and Racial Science" in Measuring Manhood: Race and the Science of Masculinity, 1830—1934, University of Minnesota Press, 2015, pp. 217-50.

676 See DuRocher, Kristina. "'Is This the Man?': White Girls' Participation in Southern Lynchings" in Raising Racists: The Socialization of White Children in the Jim Crow South, University Press of Kentucky, 2011, pp. 131 -52; DuRocher, Kristina. "Violent Masculinity: Learning Ritual and Performance in Southern Lynchings." In Southern Masculinity: Perspectives on Manhood in the South since Reconstruction, edited by Craig Thompson Friend, University of Georgia Press, 2009, pp. 46-64.

677 Carby, Hazel V. "'On the Threshold of Woman's Era': Lynching, Empire, and Sexuality in Black Feminist Theory." Critical Inquiry, vol. 12, no. 1, 1985, pp. 262-77.

678 Clarke, James W. "Without Fear or Shame: Lynching, Capital Punishment and the Subculture of Violence in the American South." British Journal of Political Science, vol. 28, no. 2, 1998, pp. 269-89.

679 See Brundage, Fitzhugh W. Civilizing Torture; Ogletree, Charles J, and Austin Sarat. From Lynch Mobs to the Killing State: Race and the Death Penalty in America. New York University Press, 2006; Steelwater, Eliza. The Hangman's Knot: Lynching, Legal Execution, and America's Struggle with the Death Penalty. Westview Press, 2003.

articles on legal lynchings may reveal why white Americans believed that their right to self-governance vindicated such mobbing.

Still, further investigation into socio-legislative changes related to racial violence in the United States could help to understand to what extent the lynching of African Americans is still linked to current incidents of violence by law enforcement and why the evolution of human rights across states has not been achieved in the same way despite the actions of the Federal Government to halt racial violence.

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Mitchell, Jerry. "Victim's Cellmate Shaken by Memories: Poplarville Killing From 1959 Among Unpunished Crimes." The Clarion Ledger, 2009.

Ottley, Roi. "New World A-Coming: The Negro Press and Democracy the Negro Press is both A Crusade and Supplement of Dailies on the Negro Freedom of the Press." New York Amsterdam News (1943-1961), June 03, 1944.

Sessions, Cliff. "Mississippi "Justice": U. S. Jury Refuses to Indict Anybody in Parker Lynching." New Journal and Guide (1916-2003), Jan. 16, 1960, p. 2.

Sessions, Cliff. "Lynching Not Against Law-Judge: Federal Jury Probes Parker Case; State Refused to Act." New Journal and Guide (19162003), Jan. 09, 1960, p. 2.

Sessions, Cliff. "Quiz Preacher in Parker Case: FBI Questions Miss. Minister Man Says He Is Named In Parker's Lynching." Daily Defender (Daily Edition) (1956-1960), May 14, 1959, p. 1.

Skinner, W. Winston, "Hose lynching was international news in 1899." The Newnan Times-Herald, April 26, 2019.

Spivack, Robert. "Watch on the Potomac: Mack Parker's Lynching Becomes Political Issue." New Journal and Guide (1916-2003), Dec. 05, 1959, p. 1.

Superville, Darlene. "Biden signs bill making lynching a federal hate crime." AP News, March 30, 2022.

Unknown. "Four black men accused of 1949 rape of white woman in Florida are pardoned", NBC News, Jan. 11, 2019.

Unknown. "Taken from Jail and Lynched, Poplarville, Miss., 1959: Mack Charles Parker." Chicago Tribune (1963-1996), Nov. 05, 1989, p. 109.

Unknown. "Remember Parker's Lynching." The Daily Defender, March 16, 1960.

Unknown. "Failure of Jury to Indict Mack Parker Murderers shows Need for Federal Law." Philadelphia Tribune (1912-2001), Jan. 19, 1960, p. 1.

Unknown. "23 Named in Lynch Mob in FBI's Parker Report: Fears Bodily Harm." The Washington Post, Jan. 09, 1960, p. 1.

Unknown. "United States Jury Gets: Federal Jury Begins Probe Of Mack Parker Lynching." Daily Defender (Daily Edition) (1956-1960), Jan. 04, 1960, p. 1.

Unknown. "Expect Report in Mack Parker Case." Daily Defender (Daily Edition) (1956-1960), Nov. 04, 1959, p. 4.

Unknown. "FBI Report Barred from Parker Lynch Hearings." Jet.

October 1, 1959. p. 8.

Unknown. "Mack Parker's Killers must be found: An Editorial Discover Body in Pearl River." The Chicago Defender (National edition) (19211967), May 16, 1959, p. 12.

Unknown. "Law of the South Blamed in Mack Parker Lynching." Los Angeles Sentinel, May 14, 1959, p. 1.

Unknown. "The Real Story behind Lynching of Miss. Negro". Jet. May 14, 1959. pp. 12-15.

Unknown. "'Parker's Death is no Lynching'." Daily Defender (Daily Edition) (1956-1960), May 06, 1959, p. 3.

Unknown. "Amos Reece Pays with His Life in Chair." The Atlanta Constitution (1946-1984), Jan. 05, 1957, p. 11.

Unknown. "NAACP Warns New Violences must He Faced." Cleveland Call and Post (1934-1962), August 25, 1956, p. 1.

Unknown. "NAACP Maps Strategy on Desegregation Front." The

Christian Science Monitor (1908-Current file), June 27, 1956, p. 16.

Unknown. "Ga. Method of Seleding Jury being Investigated." Afro-American (1893-1988), Jan. 14, 1956, p. 6.

Unknown. "Cobb Officials Say NAACP Inspired F.B.I. Inquiry into Jury Selection." The Atlanta Constitution (1946-1984), Jan. 03, 1956, p. 1.

Unknown. "Bias in Army Persists is NAACP Plaint." Philadelphia Tribune (1912-2001), Apr. 07, 1951, p. 16.

Unknown, "Negro Suspect in Groveland Rape Killed by Posse, Man Supposedly Ran After Being Found Asleep in Woods." Pensacola News Journal, July 27, 1949, p. 1.

Unknown. "Lane, Byrd Are Criticized: Thurgood Marshall Speaks at Naacp Meeting." The Sun (1837-1994), Mar. 28, 1949, p. 5.

Unknown. "Press Rights Program, Naacp Urges Truman." Atlanta Daily World (1932-2003), Nov. 07, 1948, p. 1.

Unknown. "Gen. Bradley Shocks NAACP on Army Bias." The Chicago Defender (National edition) (1921-1967), Aug. 07, 1948, p. 2.

Unknown. "Truman asks action 'now' on racism: calls on United States government to lead the way NAACP conference told country must drop slow attack. " The Chicago Defender (National edition - 1921-1967), Jul. 05, 1947, p. 1.

Unknown. "United States Police Chief Acquitted of Assault on Negro," The Canberra Times. Nov. 7, 1946. p. 1.

Unknown. "NAACP Protests Army Policy in Culling Negro Draftees by Scores." Cleveland Call and Post (1934-1962), Nov. 02, 1946, p. 1.

Unknown. "NAACP Opposes Peacetime Draft: Hears William Hastie House Military Group Hits Federal Bias Fears Army Pattern of Race Segregation." Afro-American (1893-1988), June 16, 1945, p. 10.

Unknown. "NAACP Says Riot Calls for Lynch Bill Act." Atlanta Daily World, June 22, 1943.

Unknown. "Hitlerism here and Abroad Cited as Target of NAACP War Conference: Hitlerism here and Abroad Target of NAACP Conference "Status of the Negro in the way for Freedom" is Chosen AS Theme." Atlanta Daily World (1932-2003), May 09, 1943, p. 1.

Unknown. "Jury Frees Three Lynching Suspects: May Seek To Prove Murder Jury Disregards Confession Of Member Of Mob." New Journal and Guide (1916-2003), May 01, 1943, pp. 1-2.

Unknown. "National Lawyers' Guild Demands Lynching Action: Resolution Praises, Hits Justice Dept. Refusal of Civil Liberties in South is Scored." New Journal and Guide (1916-2003), Dec. 12, 1942, p. 1.

Unknown. "St. Louis Dailies Call For Federal Anti-Lynching Law." The Pittsburgh Courier (1911-1950) Aug. 15, 1942, City Edition ed., p. 5.

Unknown. "Criticize Supreme Court in Refusal to Hear Waller: NAACP Wins Another Victory Before High Court." Cleveland Call and Post (1934-1962), June 13, 1942, p. 3.

Unknown. "Special Prosecutor Named by to Investigate Lynching at Sikeston: Jurist to Begin Probe on May 13." Atlanta Daily World (1932-

2003), Apr 19, 1942, p. 5.

Unknown. "Insufficient Evidence: Sikeston Grand Jury Refuses Probe of Lynching." Philadelphia Tribune (1912-2001), Mar. 21, 1942, p. 20.

Unknown. "Jury Probes Mo. Lynching." The Pittsburgh Courier (19111950), City Edition ed., Mar. 14, 1942, p. 1.

Unknown. "Drop Lynching Probe Or.... Race Riot is Threat of Sikeston, Mo., "Folks": N. A. A. C. P. Investigator Finds no Whites Will Testify on Lynching; Dixie Town is Closed to "Outsiders." Cleveland Call and Post (1934-1962), Feb. 21, 1942, p. 2.

Unknown. "FBI to Take Lid Off Mo. Lynching." Afro-American, Feb. 21, 1942, p. 1.

Unknown. "Sikeston People make Threats Following State Investigation of Lynching of Cleo Wright." Philadelphia Tribune. Feb. 21, 1942, p. 20.

Unknown. "United States to Probe Sikeston Lynching: United States Plans to Open Probe Of Mo. Lynching, Attorney General Biddle to Study Possibility of U. S. Prosecution." The Chicago Defender, Feb 21, 1942, p.1.

Unknown. "Name Ten of Missouri Lynching Mob: Identify Ten Members Of Missouri Lynching Mob." The Chicago Defender. Feb 07, 1942, p. 1.

Unknown. "Was the Lynch Victim Guilty?" The Chicago Defender, Feb 07, 1942, p. 1.

Unknown. "Orders Probe of Year's No. 1 Lynching: 600 Mobbists Burn Victim In School Yard Drag Body Of Wounded Prisoner Over Route Of Ten Blocks." The Chicago Defende, Jan. 31, 1942, p. 1.

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Unknown. Lynching Goes Underground: A Report on a New Technique. NAACP, 1940.

Unknown. "Two White Men to Die Friday." The Daily Times, February 17, 1938, p. 13.

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Unknown, No title. Raleigh Gazette, November 6, 1897, p. 1.

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Unknown. "Burned at the Stake: A Black Man Pays for a Town's Outrage." The Sun. February 2, 1893.

Unknown, "Torture in Texas - Savage Cruelty Visited Upon a Negro Miscreant - Put to an Excruciating Death". Aurora Daily Express. February 2, 1893. p. 2, col. 2.

Unknown. "Prison Abuses in Mississippi: Under the Lease System Convicts are Treated with Brutal Cruelty." Chicago Daily Tribune, July 11, 1887.

Unknown. "An Interview With the Present Governor of Georgia: Gov. James Milton Smith," Atlanta Constitution, March 30, 1876.

Unknown, "Organization of the Vigilance Committee." Daily Alta California, vol. 2, no. 185, June 13, 1851, page 2, column 3.

Unknown, No Title. United States Telegraph, August 8, 1835, p. 1.

Vicksburg Register. "From the Vicksburg Register," The Floridian, July 25, 1835.

Wagner, Susan. "Why United States Back In Parker Case: 'Miscarriage Of Justice'; Plans New Laws Rogers Tells Why United States In Parker Case." Daily Defender (Daily Edition) (1956-1960), Nov. 18, 1959, p. 2.

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Yesko, Parker. "Acquitting Emmett Till's killers." APM Reports, June 5, 2018.

Available at: https://www.apmreports.org/story/2018/06/05/all-white-j ury - acquitting - emmett -till-killers

RULINGS680

Ashcraft v. Tennessee, 322 U.S. 143, 1944. Beecher v. Alabama, 389 U.S. 35, 36, 1967. Brooks v. Florida, 389 U.S. 413, 1967. Brown v. Mississippi, 297 U.S. 278, 1936. Canty v. Alabama, 309 U.S. 629, 1940. Chambers v. Florida, 309 U.S. 227, 1940.

Dred Scott, Plaintiff in Error v. John F. A. Sandford, December Term, 60 U.S. (19 How.) 393, 1856.

Harris v. South Carolina, 338 U.S. 68, 70, 1949.

Harrison v. State, 152 Fla. 86, 12 So. 2d 307, Fla. 1943.

Harrison v. State, 149 Fla. 365, 376, Fla. 1942.

Hollins v. Oklahoma, 295 U.S. 394, 1935.

Leyra v. Denno, 347 U.S. 556, 1954.

Lyons v. Oklahoma, 322 U.S. 596, 1944.

680 All the rulings are available at: https://law.justia.com

Michel v. State of Louisiana, 350 U.S. 91, 76 S.Ct. 158, 1955.

Mincey v. Arizona, 437 U.S. 385, 398, 1978.

Moore et al. v. Dempsey, 261 U.S. 86, 1923.

Payne v. Arkansas, 356 U.S. 560, 1958.

People v. Neal, 31 Cal.4th at p. 78, 2003.

People v. Vasila, 38 Cal.App.4th 865, 873, 1995.

Reece v. State, 210 Ga. 578, 82 S.E.2d 10, 1954.

Reeves v. State, 348 U.S. 891, 75 S.Ct. 214, 99 L.Ed. 700.

Scott vs. Stanford, 60 U.S. 393, 1857.

Screws et al. v. United States, 325 U.S. 91, 139, 1945.

Shepherd v. Florida, 341 US 50, 1951.

State v. Exum, 213 N.C. 16, 195 S.E. 7, N.C., 1938.

United States v. Cruikshank, 92 U.S. 542, 1876.

United States v. Gale, 109 U.S. 65, 72, 3 S.Ct. 1, 6, 27 L.Ed. 857, 1883.

United States v. Shipp, 203 U.S. 563, 1906.

Ward v. State, 144 Tex. Crim. 444, 446, Tex. Crim. App., 1942.

White v. Texas, 310 U.S. 530, 533, 1940.

Williams v. State, 69 Ga. 11, 1882.

OTHER

Adolf Hitler to FDR, 1 June 1933, Box 93-A, Papers as President: Official File, FDR Papers, FDR Library.

Cong. Globe, 41st Cong., 2d Sess. 3036, 1870, statement of Rep. Thomas Jenckes.

"Draft of statement by president with reference to the President's Committee on Civil Rights," Jan. 7, 1947, Box 26, Civil Rights/Negro Affairs File, 1945 - June 1947, David K. Niles Papers.

Ellis L. Arenson memorandum for Victor Rotnem, USJD, June 18, 1942.

Enforcement Act of 1870, ch. 114, § 6, 16 Stat. 140, 141.

Executive Order 9808, "Establishing the President's Committee on Civil Rights," Box 26, Civil Rights/Negro Affairs File, 1945-June 1947, David K. Niles Papers.

"Frontal and Flank Attacks: Thirty-Six States Have Enacted Legislation Against Lynching," State Government, VII, March 1934.

General Assembly of the State of Georgia. ''Acts and Resolutions of the General Assembly of the State of Georgia, 1893,'' Atlanta, Ga., 1894.

Johnson, Andrew. "Third Annual Message to Congress." Dec. 3, 1867, available at: http://www.presidency.ucsb.edu/ws/?pid=29508.

Kemper, James L. "The Political Situation" - Annual Message and Accompanying Documents of the Governor of Virginia to the General Assembly, December 2, 1874.

Letter to Dr. Patterson from Walter White, Jan. 15, 1940 (on file with NAACP 1940-55, General Office File, "Lynching, Tuskegee Report, 1940-43; 1953," II-A-399).

Murphy, Frank. "Civil Liberties: A Radio Address." NARA Library, number: J12C49/4, March 27, 1939 (transcript).

OHS Archives Lib., Newspaper Roll 4432, vol. 18, no. 44.

State of Georgia. Georgia Laws, volume one, 1956.

Truman, Harry S., "Special Message to the Congress on Civil Rights," February 2, 1948. Public Papers of the Presidents of the United States. January 1 to December 31, 1948. United States Government Printing Office, 1964, n. 20.

Truman Harry S. to E. W. [Ernie] Roberts, Aug. 18, 1948, Folder C, Box 306, President's Secretary's Files, White House Central Files, HSTL.

Truman, Harry S., "June 29, 1947: Address before the NAACP." Available at https://millercenter.org/the-presidency/presidential-speeches/june-29-1947-address-naacp

Turner, Henry McNeal. The Barbarous Decision of the United States Supreme Court Declaring the Civil Rights Act Unconstitutional and Disrobing the Colored Race of All Civil Protection. The Most Cruel and Inhuman Verdict Against a Loyal People in the History of the World. Also the Powerful Speeches of Hon. Frederick Douglass and Col. Robert G. Ingersoll, Jurist and Famous Orator: Electronic Edition. Library of Congress Subject Headings, 21st edition, 1998.

Vance, Henry. The Facts in the Case of the Horrible Murder of Little Myrtle Vance and It Fearful Expiation at Paris, Texas, February 1st, 1893, With Photographic Illustrations. James PL, 1893.

War Department of the United States. "Florida, Acts and Resolutions, 1865-1866", 14th General Assembly, 1st Sess., 2. Ford, William D. "Constitutionality of Proposed Federal Anti-Lynching Legislation." Virginia Law Review, vol. 34, no. 8, 1948, pp. 944-953.

Wells, Ida B. The Red Record: Lynchings In the United States: 18921893-1894 (Pamphlet). Donohue & Henneberry, 1894.

White to Mary Taussig Tompkins, Aug. 5, 1942, box A381, National Association for the Advancement of Colored People Papers.

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