U.S. Senate Resolution 39 Apologizes for Inaction

by Karen Hatter | January 12, 2008 at 12:18 pm
11499 views | 40 Recommendations | 12 comments

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Strange Fruit

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An estimated crowd of 10,000

An estimated crowd of 10,000

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On June 13, 2005, senators of the 109th Congressional Session adopted Resolution 39, apologizing for failing to enact legislation against lynching, a barbaric practice that occurred throughout the United States but overwhelmingly occurred in the Southern states of the U.S., one hundred five years after the first anti lynching legislation was proposed in 1900. Less than one percent of the perpetrators of the crime of lynching were indicted and brought to court to stand trial.  

Beginning in 1900, 200 anti-lynching bills were introduced to the legislature, with three bills passing in the House of Representatives in 1937, 1940 and 1949 and being sent on to the Senate. None of the bills was ever adopted.

On a personal note, since I did file this story under People, the first year anti-lynching legislation was submitted, 1900, was the year of my maternal grandmother's birth in Maryland, 35 years after the abolition of slavery.

When anti-lynching legislation had been introduced, senators from Southern states argued, on the Senate floor, that to enact such legislation would infringe on individual states' rights, with still others arguing the brutal custom to be a necessary tool to assure control of the Negro.

As of the date of the adoption of Resolution 39, 19 Republicans and one Democrat refused to co-sponsor the anti lynching resolution.

The photo is of the lynching of Henry Smith, where it was reported 10,000 gathered in Paris, Texas in 1893, found at mindfully.org.

The victim was brought from Arkansas to Paris, Texas by train, with spectators boarding the train in route to the destination. After his arrival in Paris, Texas, he was put on a carnival float, paraded through town, followed by the crowd and taken to a scaffold on the fairgrounds where he was tortured and lynched.

Click here for a related article at NowPublic.

 

AN UPDATE:

In 1946, the last known mass lynching of four African Americans, two married couples, occurred in Georgia. Recent developments in 2008 have led to the collection of evidence that may aid in the arrest and conviction of the perpetrators of this crime.

It is hoped with passage of the Emmett Till Unsolved Civil Rights Crime Act, establishing an agency that will focus it's efforts on past civil rights crimes that were not thoroughly investigated or prosecuted, will be a tool that will help bring those who committed this crime to justice.

In June 2007, the House of Representatives passed the legislation 422 - 2. Upon reaching the Senate, the bill was stalled in the Senate by Senator Tom Coburn, a Republican from Oklahoma. He has stated he will no longer block the bill's passage.   

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Jordan Yerman
Jordan Yerman
flagged this story as Good Stuff

at 12:49 on January 12th, 2008

Why it didn't have 100% uptake is very perplexing to me.

rahul
rahul
flagged this story as Good Stuff

at 17:38 on January 12th, 2008

Karen, this is a most enlightening story. Good Stuff

Swan
Swan
flagged this story as Good Stuff

at 05:53 on January 13th, 2008

Actually ....

        'Why it didn't have 100% uptake is very perplexing to me.'

I do understand.

People live under the misconception that bigotry against the African American has died in the South because it's comfortable to do so. Many people on the street there, while not willing to admit their true feelings in public, will happily spout their views to families and friends in private.

The fact is, that if you polled everyone over a certain age in the South anonymously today, the results would likely be an astonishing 50/50 for legalizing slavery again today.

We already have a similar thing happening here in the West with youths claiming to be from the KKK defacing synagouges and painting swastikas on them.

Sons of the fathers.

Ultimately, strong emotional feelings and the habit of making judgements, doesn't change in people and to think that it's possible, is just wishful thinking.

This was a great article Karen, informative and interesting.  It also appears to be well researched.   ~ Swan

0
Jordan Yerman

Karen is the Shaolin Master of research!

denseatoms
denseatoms
flagged this story as Good Stuff

at 10:05 on January 13th, 2008

The attitude expressed by those Southern senators is common here in my home state of South Carolina. We have the Confederate Monument on statehouse grounds, and many are those who extoll the virtues of the Confederacy, whose troops shot black federal soldiers while taking whites prisoner. The bodies of brave African Americans of the Massachusetts regiments were mutilated by rebel troops outside of Charleston.

As I was leaving my office on a Martin Luther King closing just a few years ago, a man protested that we had closed the library "to honor some goddamned n*****."  What lies hidden still exists.

1
Karen Hatter

I thank you all for your comments and contributions to this comment thread! Swan, I do my best to document any information I provide.
 
Jordan, I may humbly consider the title Sifu (Teacher), provided the title does not indicate a specific gender! I'm not sure I am a Shaolin Master! LOL!
 
All everyone has stated here illustrates the importance of learning history in context, with all of the layers necessary to provide understanding. I do not mean what is often referred to as the opposing point of view.
 
In many cases, that is a required and necessary tool but, I think it a crime against humanity for anyone to attempt to defend any position that advocates acts of terrorism, aimed at individuals because of any difference noted by another group.
 
Terrorism is defined as the systematic use of terror as a means of coercion and lynching was used in the United States of America as a means to terrorize those of African descent, to prevent any attempt at challenging the existing status quo. Anti lynching crusader Ida B. Wells and others have documented that lynching was often used as a tool to rob so called Negroes of their property as well, as in the case of land disputes, disputes that resulted when Black citizens declined to sell or move off their land.
 
Entire towns were set aflame, the Black side of town, and in some cases, evidence of its existence entirely erased, the town's Black citizens murdered, at the hands of mob violence, targeted because of their race, as in the town of Rosewood, Florida, laid siege to in 1923 and burned for an entire week, this town's story immortalized in John Singleton's film by the same name.
 
Many laws and statutes have been enacted that were meant to legally 'sweep away' the forms of injustice on the books that existed in America but, as Swan so clearly and succinctly states, many of the attitudes of those who found nothing wrong with the behaviors exhibited and acts perpetrated upon the so called Negro, the polite term used for African Americans during that time period, never went away, they simply went underground.
 
During and after the War Between the States, a.k.a. the Civil War, there existed elements on both sides of the fray that did not necessarily want equal rights for the Negro and in the case of many Southerners, the defeat of the Confederate States of America meant a cessation of the life that those in the Confederacy were fighting so hard to maintain. After all, the states that seceded from the Union did so to oppose what was viewed by the Confederacy as an undesired and unacceptable direction for the country.
 
After the Civil War came the Black Codes, then Jim Crow laws, with each state in the newly reunited Union deciding how their particular form of discrimination against Negroes should proceed. After the Compromise of 1877, resulting in federal troops' withdrawal from the Southern states, troops that aided in enforcing the newly obtained freedoms Negroes had gained, among those, according to some estimates, close to 1,000 elected Negro officials, the period known as Reconstruction came to an end.
 
Throughout this period, during and after slavery, lynching was used as a form of terror, against many individuals but mostly against the so called Negro.
 
It is a form of terror, aimed at the Black community, when, once the Negro lynch victim had succumb as a result of his or her torture, the body is left, prominently displayed, in the middle of town, as a warning. It is terror, when the intended victim is paraded through town, on his or her way to the lynching. All of these things and many more examples were meant to convey that Negroes were not protected in any way and could become the next victim whether or not any crime or offense was committed. Remember, even if a crime had been alleged, lynching deprived the accused of due process.
 
Local and state law enforcement's involvement in the process of terror perpetrated upon the Black community cannot be denied. Almost all of the victims that met their end by the instrument of mob violence, had listed as the cause of death ".... death caused at the hand or hands of person or persons unknown ", with this statement in so many cases being an obvious, unmitigated lie.
 
Numerous accounts of the incidents that preceded lynchings reveal that the victims were 'removed' from jails while in the custody of local and state law enforcement officers and no, the kidnappers were not always masked.
 
After the grisly deed was accomplished, photos were taken with the victim, with many of these photos reproduced on post cards and mailed using a federal agency, the U.S. Postal Service, known as the Post Office Department, at that time, despite a 1908 ban on sending that type of material through the mail system.
 
I find it extremely difficult to believe that it was impossible for law enforcement to identify the perpetrators of these murders when so many posed proudly beside their handy work and that of their compatriots.
 
There exist accounts that document adverts were submitted to newspapers, announcing a lynching scheduled to occur. Minimally, officials of law enforcement could have been there to prevent such an act and possibly to arrest those illegally plotting such a deed as well.
 
After slavery was abolished, the first civil rights act was introduced by Senator Charles Sumner of Massachusetts in 1866, passed after his death as the Civil Rights Act of 1875, which upon close inspection, bore many similarities to the Civil Rights Act of 1964.
 
The United States Supreme Court ruled in 1883 that the Civil Rights Act of 1875 was unconstitutional, also stating that the 13th Amendment, which abolished slavery without being duly convicted of a crime, did not protect Blacks from individual acts of discrimination. The same court later in that year ruled that the 15th Amendment did indeed guarantee the right to vote but did not guarantee the right not to be discriminated against once arriving at the polls to vote.
 
Why wouldn't those who felt Negroes should be treated differently and denied the stated ".... unalienable rights of life, liberty and the pursuit of happiness", listed in the Declaration of Independence, given the attitudes and rulings of those seated on the highest court in the land and the fact that punishment or reprisal for the behavior of those instigating lynching and acts of terror were virtually never applied, feel confident that their acts were sanctioned, through noninterference as acceptable and, as argued by the senators on Capitol Hill, the duty of its citizens, aiding in the process of maintaining order?
 
These historical facts and the inaction on the parts of so many helped to sustain the reign of terror inflicted upon the citizens within the community of the so called Negro, most commonly known today as the Black or African American community, for hundreds of years and continues to influence the attitudes of many today, with some longing for the good old days.             

0
Karen Hatter

Please explore this link.

Dave Keating
Dave Keating
flagged this story as Good Stuff

at 09:47 on January 14th, 2008

Karen Hatter, I like this story. It's good stuff.

0
Karen Hatter

Thank you, Dave Keating.

0
René

Many people were lynched, in the West, horse thiefs, cattle rustlers. American Indians, Dakota Sioux, even white women. this isn't just about blacks, Karen.

1
Karen Hatter

(Zichi, this reply was meant to address Rene. It jumped!)  

This article addresses a U.S. Senate bill that was passed in June of 2005, apologizing for the Senate's inaction when, on three occasions, beginning in 1900, after anti-lynching legislation was passed in the House of Representatives, the bills were held up and killed in the Senate by Southern senators, arguing the need for lynching as a safety valve to keep 'Negroes' in their place.  

On February 12, 2008, President Bush had these words to say about lynching:  

Our nation has come a long way toward building a more perfect union. Yet as past injustices have become distant memories, there's a risk that our society may lose sight of the real suffering that took place. One symbol of that suffering is the noose. Recently, there have been a number of media reports about nooses being displayed. These disturbing reports have resulted in heightened racial tensions in many communities. They have revealed that some Americans do not understand why the sight of a noose causes such a visceral reaction among so many people.

For decades, the noose played a central part in a campaign of violence and fear against African Americans. Fathers were dragged from their homes in the dark of the night before the eyes of their terrified children. Summary executions were held by torchlight in front of hateful crowds. In many cases, law enforcement officers responsible for protecting the victims were complicit in their deeds [sic] and their deaths. For generations of African Americans, the noose was more than a tool of murder; it was a tool of intimidation that conveyed a sense of powerlessness to millions.

The era of rampant lynching is a shameful chapter in American history. The noose is not a symbol of prairie justice, but of gross injustice. Displaying one is not a harmless prank. And lynching is not a word to be mentioned in jest. As a civil society, we must understand that noose displays and lynching jokes are deeply offensive. They are wrong. And they have no place in America today.
 

The President's remarks were delivered shortly after the incident involving the on air sports announcer joking about other golfers taking Tiger Woods in an alley and lynching him.    

1
Karen Hatter

Many individuals, as noted, were lynched in the United States. However, when arguing for the need to prevent what was described as an intrusion on states rights, by senators on the Senate floor in open session, only the need to control 'Negroes' was mentioned as the reason the bills should not be passed by the Senate.       

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