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by the fact that the victim is sometimes innocent, and that the brutal killing is done without process of law. Surely it is the concern of the Federal Government to aid in removing this stain from our country's record.
5. Individual States have found themselves unable to cope with the lynching problem. The nature of mob violence makes peculiarly difficult the conviction and punishment of the participants by local courts. Because of the number of persons involved, a lynching sometimes becomes something of a community crime, and the community cannot be expected to punish itself. The emotional element inherent in mob action produces a situation similar to war hysteria. After the crime is committed the community seeks to protect itself from outside criticism and thus tends to become a defensive unit. Even the more thoughtful members of the community who deplore lynchings are tempted to think that since the deed is already done the sooner forgotten the better. Local officers of the law are often in sympathy with the mob or else they do not dare make arrests.
Since there is involved in the lynching question the responsibility of a government for justice for all of its citizens, the danger to the entire Nation when law is flouted, and the honor and prestige of the United States in the eyes of the world, and since the several States have found themselves unable to handle the problem alone, it is my conviction that the Federal Government should enact legislation based on the following principles:
1. That States or counties should be given opportunity to act. The Federal law should operate only when local law enforcement fails.
2. Since lynching is a community crime the burden of prevention or the punishment when the crime has been committed should be shared by the whole community.
3. Local officers of the law should be held accountable for the protection of prisoners and should be penalized for failure to give such protection.
4. Since the result desired from legislation is the prevention of mob violence, the nature of the Federal law should be primarily preventive rather than punitive in its effect; that is the punishment for lynching should be such that it will be to the interest of local officers of the law and of the entire community so to restrain its lawless members as to prevent the occurrence of a lynching.
It is my judgment that the Costigan-Wagner bill embodies these principles.
As a Southern-born woman I feel a peculiar sense of responsibility in urging the passage of this bill. One of the excuses most often made as a defense of lynching is that it is necessary for the protection of the white women of the South. I join with a multitude of other Southern women in stating that in very few cases is a crime against women even suspected; that Southern women look to the law and not to the mob for their protection; and, moreover, that we are concerned with the protection of all womanhood and of all homes. regardless of race. We believe that such protection comes through the upholding of law and that mob violence is its gravest enemy.
Senator VAN NUys. The committee is in possession of a large number of messages and resolutions which may be printed in the record at this point. The subcommittee will now recess, subject to the call of the Chair.
FRIENDS MEETING, Washington, D.C. The Friends' Peace Committee, representing the three meetings of the Society of Friends in Washington, D.C., with members residing in Virginia and Maryland and other States, desires to record with this committee its hearty approval of the Costigan-Wagner antilynching bill, S. 1978.
The Society of Friends is traditionally opposed to all forms of violence. It deplores that form of violence so peculiar to our own country-mob lynchings-through which over 4,000 of our fellow citizens have lost their lives. Friends have experienced with grave concern the recent increase in these lynchings. We believe the Federal Government is warranted in combating such inob action with law.
We urge the favorable consideration by your committee of this bill. We earnestly hope that Congress will pass it. Signed on behalf of the Friends' Peace Committee,
MAYNARD E. JONES, Secretary.
EAST PROVIDENCE, R.I., February 20, 1934. WALTER WHITE:
The Rhode Island Federation of Colored Women's Clubs endorse and favor the passage of the Costigan-Wagner antilynching bill, S. 1978.
HENRIETTA ARMSTRONG, Chairman of Legislative Department.
FLORENCE V. LOPEZ,
President of Federation.
STATEMENT BY JOHN NEVIN SAYRE, EXECUTIVE SECRETARY, THE FELLOWSHIP OF
The Fellowship of Reconciliation, with more than 8,000 members in Northern and Southern States throughout the Union, is completely opposed to lynching under any circumstances whatever. I believe that our members will generally favor the provisions of the Costigan-Wagner Bill which aims to prevent lynchings by fixing responsibility upon State and local authorities for the diligent protection of all individuals threatened with injury or death by mob or riotous assemblage.
It accords with the spirit of American institutions that appeal can be taken from a local breakdown of justice to higher courts of the Nation. And, also, the good name of America in foreign countries is involved by the shame of a local lynching.
I especially approve of the proposal which obliges a county in which a lynching occurs, to pay $10,000 to the family of the person lynched.
I urge that the Costigan-Wagner Bill be enacted into law at the present session of Congress.
STATEMENT BY JAMES WELDON JOHNSON, FORMER SECRETARY, NATIONAL
ASSOCATION FOR THE ADVANCEMENT OF ('OLORED PEOPLE, PROFESSOR, FISK UNIVERSITY, NASHVILLE, TENN.
There can be no question in the minds of all thoughtful citizens that something must be done to curb the crime of lynching, to secure due process of law for all persons accused of crime, and to rid America of its great national shame. This, it is clear, cannot be done except through Federal action. It is a task that the States cannot accomplish alone.
It is true that lynching is murder, but it is also more than murder. In lynching, the mob sets itself up in place of the State and acts in place of due process of law to mete out death as a punishment to a person accused of crime. It is not only against the act of killing that the Federal Government should seek to exercise its powers, but against the act of the mob in arrogating to itself the functions of the State and substituting its actions for the due processes of law guaranteed by the Constitution to every person accused of (rime.
In murder the laws of the State are violated. In lynching the mob altogates to itself the powers of the State and the functions of government.
The Costigan-Wagner antilynching bill is aimed against lynching not only as murder but as anarchy, anarchy which the States have proven themselves unable to cope with.
CHICAGO, ILL., February 20, 1934. Senator ROBERT F. WAGNER,
United States Senate, Washington, D.C. At a large overflow mass meeting of citizens tonight in the Church of the Good Shepherd under the auspices of the Men's Club, it was unanimously voted to express appreciation for your efforts to stamp out terrible crime lynching in the United States, which we express the hope that you will continue until the Costigan-Wagner bill is passed.
WILLIAM C. WILSON, Secretary.
NEW JERSEY INTERRACIAL COMMITTEE OF CHURCH WOMEN
NEW YORK, N.Y., February 19, 1934. Hon. FREDERICK VAN NUYS, Chairman Subcommittee on the Judiciary,
United States Senate, Washington, D.C. DEAR SIR: Following is a resolution passed by an interracial conference of women held in Newark, N.J., on Thursday, February 15. The group represented church leadership both white and Negro from a large section of northern New Jersey. Many of the women are of wide influence and are prominent in civic as well as church affairs. The resolution was sent in telegraph form to Senators Barbour and Kean of New Jersey, and reads:
“ Interracial (onference of 200 women from 20 New Jersey communities heartily endorses Costigan-Wagner antilynching bill. Seeks your backing, first, to obtain prompt action by Judiciary Committee; second, support of the bill on the floor, and third, securing other votes in its favor. (Signed) Mrs. GEORGE T. SCOTT, Chairman,
Upper Montclair, NJ. Very truly yours,
We know that the practice of lynching is savage, that it is debauching to ourselves, that it is a byword of reproach to us among nations, and yet it continues and lately has increased. The recent increase is probably due to present unusual, excited conditions, but lynching still continued in spite of efforts of earnest agencies which have been at work to stop the evil.
More than 20 years ago a committee composed of 10 representatives of southern State universities published a strong letter on this subject addressed especially to students but intended for general distribution. Five thousand copies were sent out to school people, judges, and State and county officials. Since then the fight against lynching has been carried on by various efforts. The most notable work in this direction has been accomplished through the energetic artivities of the Commission on Interracial Cooperation, which hail established branches in many communities. Because of these efforts, and the publicity given to the facts by institutions such as Tuskegee and organiza tions like the National Asseiation for the A'lvancernent of Colored Peuple. the evil was diminishing and seemed on the way of lisappearing.
But in the past 2 years the evil has again increased, so that the situation demands some extraordinary procedure. The proposed bill seems to present a method of assuring legal action against the perpetrators. Certainly the time has come for some more strenuous means of bringing to an end this disgrace to civilization.
JAMES H. DILLARD, President of the John F. Slater Fund and former resident of the Jeanes
Foundation; member of the General Education Board; native Virginian.
The following resolution was adopted by the council of the city of Clereland, December 11, 1933. File No. 100910. Mr. JACKSON.
Resolution requesting the President of the United States to recommend the enactment of a Federal antilynching law and petitioning Congress to enact an antilynching law.
Whereas more than 27 citizens of the United States in widely scattered see tions of the country hare been lynched thus far this year, being a great increase orer last year, causing public expression of condemnation thereof to be made throughout the land, and
Whereas lynching is an unlawful deprivation of the rights of citizens to the protection of article VI of the amendment to the Constitution of the United States which reads as follows:
“ In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the States and district wherein the crime shall have been committed, which district shall have been previously ascertained! by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his faror, and to have the assistance of counsel for his defense."
Article XIV of the amendments to the Constitution of the l'nited States of America which reads in part as follows:
* Nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws", and
Whereas lynching and mob violence tend to promote a general disregard for law and order and to undermine the very purpose and stability of government, and has a deteriorative effect both upon the people participating therein and the community wherein same occurs, and
Whereas this resolution constitutes an emergency in that the same provides for the usual daily operation of a municipal department, now, therefore be it
Resolred, By the council of the city of Cleveland, Ohio:
That the President of the United States be and is hereby requested to include a plea and recommendation for enactment of a Federal antilynching law in his first message to the next session of Congress, and be it further
Resolved. That the ('ongress of the United States be and is hereby petitioned to enact an antilyching law at its next session, and be it further
Resolved, That copies of this resolution be sent to the President of the United States, the Congress of the l'nited States, and the Senators and Congressmen from the State of Ohio, who are hereby respectfully requested to aid in carrying out the purposes of this resolution.
That this resolution is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two thirds of all the members elected to council, it shall take effect and be in force immediately upon its passa ge and its approval by the mayor ; otherwise it shall take effect and be in force at the earliest time allowed by law. Adopted December 11. 1933.
HERMAN H. FINKLE, President of council pro tempore.
F. W. THOMAS
('lerk of ('ouncil. Effective December 19, 19:33. Approved by the mayor, December 19, 1933.
SAN JOSE, CALIF., February 10, 1934. We, the undersigned representatives of 250 citizens, taxp:yers, and voters, desire to express our sincere approval of the Costigan-Wagner anti-lynching bill now being considered by the Federal Government at Washington. We are pleased at the favorable comment it has provoked, the many and strong friends it has made, and the probability of its enactment. It is a heroic effort of the typical representative American citizen ; a long, safe step in the right direction and justly deserves a place among the laws of our land. Lynching, the giant wrong at which it strikes, is the scourge of our civilization and the deadly enemy of the human race. If enacted it will banish a legion of entrenched evils, improve our criminal jurisprudence, hearten our peace officers, and remove a self-imposed disgrace from the Nation. We thank you for your service in this matter and pledge our support.
Rev. J. L. JACKSON.
BRIDGEPORT, Conn., February 19, 1934. Senator VAN NUYS, Chairman Senate Judiciary Committee,
United States Senate, Washington, D.C.: Our association unanimously voted approval on the Costigan-Wagner antilynching bill and hope your committee will report favorably on same.
CHARLES W. SIMPSON, Secretary, Bridgeport Pastors' Association.
WASHINGTON, D.C., February 17, 1934. I could not testify in hearings upon antilynching bill without preparing to discuss legal phases of particular measure and being overwhelmed with official work am absolutely unable to give outside service even to worthy causes. I am glad, as an individual, to express my abhorrence of lynching and my desire to see anything done which will discourage such mob law. You are at liberty to use this telegram as the expression of my personal views.
DONALD R. RICHBERG.
SAN DIEGO, CALIF., February 18, 1934. Senator FREDERICK VAN NUYS,
Senate Building, Washington, D.C. The legislative committee of the San Diego branch of the Women's International League for Peace and Freedom wishes to express strong approval of the Costigan-Wagner antilynching bill and we beg the Senate Judiciary Subcommittee that this expression of our sentiments be read into the records of the hearing.
MARY K. KUTCHIN, Secretary.
NEWARK, N.J., February 12, 1934. The Holy Name Society of Our Lady Queen of the Angels Church, in its regular meeting held on February 12, 1934, passed the following set of resolutions and ordered copies sent to New Jersey representatives in Congress and the United States Senate:
Whereas it is with marked interest that we note the purport of a bill designated as S. 1978, having for its object the assuring to persons within the jurisdiction of every State the equal protection of the laws, and to punish the crime of lynching; and
Whereas during the past many years that part of our population known and designated as the Negro race has suffered immeasurable hardships and loss of lives and property as victims of this lawless and unjust treatment; therefore be it
Resolved. That we, the members of the Holy Name Society of Our Lady Queen of the Angels Church, in session assembled, do openly condemn the action of lynching as un-American, un-Christian and barbaric, and against the principles of just, decent, and orderly government, and be it further
Resolred, That we urge our Representatives at Washington to assist in stamping out this un-American and barbaric pastime, by using their vote and influence in favor of passage of bill s. 1978, otherwise designated and known