Digital
History>eXplorations>Lynching>Anti-Lynching
Legislation of the 1920s>Comments by A.J. Volstead
CONGRESSIONAL RECORD-HOUSE Comments by A. J. Volstead (January
18, 1922)
Mr.
Volstead: There is no merit in blinking the fact that we are face
to face with the situation that lynch law is the only law that
functions under certain circumstances. The mob is the judge, the
jury, and the executioner. Its acts are sanctioned by the weakness
or supineness of the State. The fact that the mob does not consult
statutes or measure the punishment it inflicts with the nicety
of the ordinary court does not make it any the less a tribunal
for the punishment of crime. The lawlessness of the punishment
it inflicts should not be made a shield against prosecution. It
can not be material that the mob does not claim to represent the
State or that it has no authority from the State when it usurps
and performs the functions that no one but the State can lawfully
perform. The enforcement of the lynch law is not revolution against
the State; but is, as the phrase goes, the act of the public taking
the law into their own hands. While I do not believe that it makes
any difference whether the mob has any authority from the State
or not, I confess I can see no good reason why the mob should
not be held to represent the State when it assumes to function
for the State. Its action is the only administration of law when
it puts a person to death as a punishment for a crime. It seems
to me there is as much reason for holding its act to be the act
of the State as there is for holding that an unauthorized act
of a State officer is the act of a State. We punish such and officer
upon the theory that he acts for the State; why not make the members
of the mob subject to like punishment? The officer has no more
warrant from the State for his action than has the mob.
The
question of whether Congress can punish those who interfere with
an officer of a State was carefully considered by the circuit
court in United States v. Powell (151 Fed., 658).
This
case was affirmed by the Supreme Court because, as I construe
the decision, it rests on statutes that are direct instead of
corrective. Statutes that only protect against the invasion of
the rights and privileges secured to citizens by the Constitution
of the United States and not rights and privileges pertaining
to citizens of a state that are only guaranteed to such citizens
by the fourteenth amendment. In my view of the law the Supreme
Court was right in affirming this case.
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