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Friday, July 24, 2015

'Our Curse of Lawlessness' 1907

“Our Curse of Lawlessness” from the Charlotte Observer, reprinted in the Watauga Democrat, July 25, 1907

Commenting upon a trial which recently disgraced a Maryland county, The Washington Herald points out that “the idea that murder is a good thing is a latter day development of ‘unwritten law’ pleaders, to regard which as jurisdicial evolution is simply grotesque,” and continues:

“In such sentimental glorification of murder as that indulged in by Mr. Mudd we may, perhaps find a clew to the astonishing prevalence of homicide in this country. We cannot deny that Mr. Mudd’s opinion of the usefulness and effectiveness of killing the person who has done you wrong has the support of a considerable popular sentiment, and that there is a widespread belief that homicide is a relatively trivial crime as compared with some other crimes against the person. Where such opinions prevail, it is not strange that homicide should also prevail, nor it is remarkable that juries should deal leniently with homicide when popular applauses greet a sentimental verdict, while judges themselves descending from the bench to the level of the rabble, openly commend the perversion of justice.

The Observer has already had occasion to point out the great danger to society in that doctrine of private revenge which, in its various forms, has made these United States by far the bloodiest civilized country on the fact of the earth. Within the past few months the “unwritten law” has eclipsed lynching as a special menace to law and order in the South. It has cost several innocent lives and has had a demoralizing effect with which that of lynching is not comparable. Encouraging indications, however, are not lacking. The Loving case brought Virginia to its sense with a rude jar and new form of anarchy has also encountered blows in South Carolina and Georgia. It may be hard to convict an “unwritten law” lyncher but still not nearly so difficult as to convict the mob kind. Though the spirit of lawlessness is appallingly strong in the South and the country and there is always an unthinking rabble to applaud such utterances as those of Congressman Mudd in the Maryland case, we have faith that the curse will be stayed. With gratifying few exceptions, the press has realized its high responsibility in the matter and has spoken earnestly. The next few months will be full of good or evil for the country’s future.
                                --Charlotte Observer

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