Legacy of Lynching in America

Lynching of Will Brown
Lynching

Legacy of Lynching

After the end of slavery and the premature end of Reconstruction, Southern whites who had fought to keep slavery regained power of their state governments. The convict leasing and sharecropping systems were used to restore white economic dominance, and discriminatory laws deprived black people of political rights. Violent intimidation was the method of enforcement.

Lynching emerged as a vicious tool of racial control in the South after the Civil War, as a way to reestablish white supremacy and suppress black civil rights. At the end of the 19th century, Southern lynch mobs targeted and terrorized African Americans with impunity.

Lynching of African Americans was terrorism, a widely supported phenomenon used to enforce racial subordination and segregation. Lynchings were violent and public events that traumatized black people throughout the country and were largely tolerated by state and federal officials. This was not “frontier justice” carried out by a few marginalized vigilantes or extremists. Instead, many African Americans who were never accused of any crime were tortured and murdered in front of picnicking spectators (including elected officials and prominent citizens) for bumping into a white person, or wearing their military uniforms after World War I, or not using the appropriate title when addressing a white person. People who participated in lynchings were celebrated and acted with impunity, purchasing victims' body parts as souvenirs and posing for photographs with hanging corpses to mail to loved ones as postcards.

Lynching profoundly impacted race relations in this country and shaped the contemporary geographic, political, social, and economic conditions of African Americans. Most importantly, lynching reinforced a narrative of racial difference and a legacy of racial inequality that is readily apparent in our criminal justice system today. Mass incarceration, racially biased capital punishment, excessive sentencing, disproportionate sentencing of racial minorities, and police abuse of people of color reveal problems in American society that were shaped by the terror era.

EJI researchers have documented 4075 racial terror lynchings of African Americans in Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Texas, and Virginia between 1877 and 1950 – at least 800 more than previously reported. In addition, for all the documented lynchings covered in newspaper reports, many racial terror lynchings went unreported and their victims remain unknown.

No prominent public memorial or monument commemorates the thousands of African Americans who were lynched in America. This is a powerful statement about our nation's failure to value the black lives lost in this brutal campaign of racial violence. Research on mass violence, trauma, and transitional justice underscores the urgent need to engage in public conversations about racial history that begin a process of truth and reconciliation in this country.

EJI staff and community members dedicate three markers about the slave trade in Montgomery, 2013. (Bernard Troncale.)
VII
CONCLUSION

Lynching in America was a form of terrorism that has contributed to a legacy of racial inequality that our nation must address more directly and concretely than we have to date. The trauma and anguish that lynching and racial violence created in this country continues to haunt us and to contaminate race relations and our criminal justice system in too many places across this country. Important work can and must be done to speak truthfully about this difficult history so that recovery and reconciliation can be achieved. We can address our painful past by acknowledging it and embracing monuments, memorials, and markers that are designed to facilitate important conversations. Education must be accompanied by acts of reconciliation, which are needed to create communities where devastating acts of racial bigotry and legacies of racial injustice can be overcome.
ACKNOWLEDGEMENTS
This report is written, researched, designed, and produced by the staff of the Equal Justice Initiative. All of our lawyers, law fellows, justice fellows, interns, students, and staff have spent an enormous amount of time researching, investigating, documenting, and analyzing lynchings over the last six years. We’ve traveled throughout the South and spent hundreds of hours in each of the twelve states highlighted in this report. Our research, findings, and the preparation of this report would not have been possible without the entire staff’s dedicated work. I would like to specially acknowledge Jennifer Taylor for critical writing, research, and editing; Andrew Childers for writing, research, and analysis of data that allowed us to document the prevalence of lynching in states and counties; John Dalton for coordination of research teams, research, and writing; Aaryn Urell for writing, editing, layout, and production work; Sia Sanneh for writing, research, editing, and coordination of our monument research; Josh Cannon for research; Noam Biale for research and writing; and Bethany Young for research and writing. Special thanks is also owed to Ian Eppler and Kiara Boone for writing, research, and photo editing for the report and to Imani Lewis for photo research.

- Bryan Stevenson, Director
REFERENCES
i. SHERRILYN A. IFILL, ON THE COURTHOUSE LAWN: CONFRONTING THE LEGACY OF LYNCHING IN THE TWENTY-FIRST CENTURY 75 (2007).
1. Alexander H. Stephens, Cornerstone Address (March 21, 1861), available at http://teachingamericanhistory.org/library/document/cornerstone-speech/.
2. DORIS KEARNS GOODWIN, TEAM OF RIVALS: THE POLITICAL GENIUS OF ABRAHAM LINCOLN 91, 369 (2005).
3. Id. at 369-70.
4. See Id. at 462-72.
5. Abraham Lincoln, Emancipation Proclamation (Jan. 1, 1863), available at http://www.loc.gov/resource/lprbscsm.scsm1016/#seq-1.
6. Goodwin, supra note 2, at 464.
7. LEON F. LITWACK, BEEN IN THE STORM SO LONG: THE AFTERMATH OF SLAVERY 172-74 (1979).
8. Id. at 182-83.
9. JOHN W. BLASSINGAME, THE SLAVE COMMUNITY 261 (1979); EQUAL JUSTICE INITIATIVE, SLAVERY IN AMERICA: THE MONTGOMERY SLAVE TRADE 27 & n.108 (2013) (noting that despite the Mississippi Legislature voting finally to ratify the Thirteenth Amendment in 1995, the necessary paperwork was notsubmitted to federal authoritiesfor nearly eighteen years,so the State’s official ratification was not recorded until 2013).
10. Litwack, supra note 7, at 182, 194-96.
11. ERIC FONER, RECONSTRUCTION: AMERICA’S UNFINISHED REVOLUTION 69 (1988).
12. Id. at 190-91.
13. Id. at 171-72.
14. Id. at 222.
15. Id. at 180.
16. Andrew Johnson, Third Annual Message to Congress (Dec. 3, 1867), available at http://www.presidency.ucsb.edu/ws/?pid=29508.
17. T. W. GILBRETH, THE FREEDMEN’S BUREAU REPORT ON THE MEMPHIS RACE RIOTS OF 1866 (May 22, 1866), available at http://teachingamericanhistory.org/library/document/the-freedmens-bureau... U.S. CONGRESS, HOUSE SELECT COMMITTEE ON THE MEMPHIS RIOTS (July 25, 1866), available at http://babel.hathitrust.org/cgi/pt?id=uc1/c054751926;view=1up;seq=1>; HERBERT SHAPIRO, WHITE VIOLENCE AND BLACK RE-SPONSE 6-7 (1988).
18. JAMES G. HOLLANDSWORTH JR., AN ABSOLUTE MASSACRE: THE NEW ORLEANS RACE RIOT OF JULY 30, 1866 3, 104-05, 126 (2001); Donald E. Reynolds, The New Orleans Riot of 1866, Reconsidered, 5 LA HIST.: J. LA. HIST. ASSOC. 5, 5-27 (Winter 1964).
19. Foner, supra note 11, at 262-67.
20. Act of April 19, 1866, § 1, 14 Stat. 27.
21. Foner, supra note 11, at 250-51.
22. U.S. Const. amend. XIV.
23. Dred Scott v. Sanford, 60 U.S. 393 (1857).
24. Foner, supra note 11, at 269.
25. Id.
26. Id. at 291.
27. Revels and Bruce were the only two black senators elected in the nineteenth century; only two were elected in the entire twentieth century. Id. at 352-55; Factbox: Black U.S. Senators and Governors, REUTERS (June 29, 2008), http://www.reuters.com/article/2008/06/30/us-usa-politics-black-idUSN204....
28. Foner, supra note 11, at 356, 362-63.
29. Id. at 331.
30. Id. at 346, 384-85, 391.
31. ALLEN W. TRELEASE, WHITE TERROR: THE KU KLUX KLAN CONSPIRACY AND SOUTHERN RECONSTRUCTION 3, 5 (1971).
32. Barry A. Crouch, A Spirit of Lawlessness: White Violence; Texas Blacks, 1865-1868, 18 J. OF SOC. HIST. 2, 217 (Winter 1984) (citing Mrs. L.E. Potts to Abraham Lincoln, June 1866 in PHILLIP H. SHERIDAN PAPERS, Container 4 (Manuscript Division, Library of Congress)).
33. Id.
34. Litwack, supra note 7, at 276-77.
35. Foner, supra note 11, at 425.
36. EDWARD L. AYERS, THE PROMISE OF THE NEW SOUTH: LIFE AFTER RECONSTRUCTION 9-10 (2007).
37. Id. at 9.
38. Carolyn E. DeLatte, The St. Landry Riot: A Forgotten Incident of Reconstruction Violence, 17 LA. HIST.: J. LA. HIST. ASSOC. 1, 41-49 (Winter 1976).
39. Charles Lane, THE DAY FREEDOM DIED: THE COLFAX MASSACRE, THE SUPREME COURT, AND THE BETRAYAL OF RECONSTRUCTION 266 (2008) (estimating that the massacre left between 62 and 81 black people dead).
40. E. MERTON COULTER, THE SOUTH DURING RECONSTRUCTION 369 (1947).
41. Kevin Boyle, White Terrorists, N.Y. TIMES BOOK REVIEW (May 18, 2008).
42. Thomas Howell, The Colfax Massacre: An Essay Review, 51 LOUISIANA HIST.: THE J. OF THE LOUISIANA HIST. ASS’N 69, 69 (Winter 2010).
43. Foner, supra note 11, at 530.
44. Trelease, supra note 31, at 3, 5.
45. Id.
46. Id. at 15-21.
47. Foner, supra note 11, at 431-33.
48. Trelease, supra note 31, at 113-15; James G. Dauphine, The Knights of the White Camelia and the Election of 1868: Louisiana’s White Terrorists; A Benighted Legacy, 30 LA. HIST.: J. LA. HIST. ASSOC. 2, 173 (Spring 1989); see also Foner, supra note 11, at 425.
49. Trelease, supra note 31, at 113; Foner, supra note 11, at 333-37, 344.
50. Speech of Ex-Governor Horatio Seymour before the New York State Democractic Convention, at Albany, March 11, 1868, available at https://archive.org/details/speechesofexgovh00seym.
51. Id.
52. Trelease, supra note 31, at 95, 117, 120-22.
53. DAVID M. CHALMERS, HOODED AMERICANISM 19 (1987); Trelease, supra note 31, at 197.
54. Chalmers, supra note 53, at 18; Foner, supra note 11, at 428-29.
55. Lisa Cardyn, Sexualized Racism/Gendered Violence: Outraging the Body Politic in the Reconstruction South, 100 MICH. L. REV. 675, 763 (Feb. 2002).
56. Id. at 765, 768-69.
57. Id. at 750 & n.266 (citing RICHARD MAXWELL BROWN, STRAIN OF VIOLENCE: HISTORICAL STUDIES OF AMERICAN VIOLENCE AND VIGILANTISM 214, 323 (1975), but noting that other scholars consider four hundred to be a significant underestimate).
58. Id. at 704-44; see also Trelease, supra note 31, at 195 (describing a case in which the Klan forced a black man to have sex with a black girl while they whipped him and forced the girl’s father to watch).
59. Cardyn, supra note 55, at 708.
60. Foner, supra note 11, at 454.
61. Id.
62. Id.; see also 42 U.S.C. § 1983; Frederick M. Lawrence, Civil Rights and Criminal Wrongs: The Mens Rea of Federal Civil Rights Crimes, 67 TUL. L. REV. 2113, 2136-44 (June 1993); Sara S. Beale, Federalizing Crime: Assessing the Impact on the Federal Courts, 543 ANNALS OF THE AM. ACAD. OF POL. & SOC. SCI. 40 (Jan. 1996) (“Until the Civil War, there were only a small number of federal offenses, and they generally dealt with injury to or interference with the federal government itself or its programs.”).
63. Foner, supra note 11, at 443.
64. Id. at 503.
65. Michael A. Ross, Obstructing Reconstruction: John Archibald Campbell and the Legal Campaign against Louisiana’s Re-publican Government, 1868-1873, 49 CIVIL WAR HIST. 235, 241 (Sept. 2003).
66. See generally RONALD M. LABBé & JONATHAN LURIE, THE SLAUGHTERHOUSE CASES 25-66 (2005).
67. Id. at 126.
68. Id. at 122-23.
69. The Slaughterhouse Cases, 83 U.S. 36, 69, 75-80 (1872). In its April 14, 1873, decision, the Court held that the Thirteenth Amendment did not apply to the butchers’ claims because its “obvious purpose was to forbid all shades and conditions of African slavery.” The Court held that the protected privileges and immunities included: the right to travel between states, to come to the seat of the national government to petition ones’ representative, to assemble peaceably, to have free access to seaports, and to demand the protection of the federal government on the high seas. The Bill of Rights of the federal Constitution had not yet been incorporated against the states.
70. Lane, supra note 39, at 112-13.
71. Id. at 195-97.
72. Id. at 196-97, 203.
73. United States v. Cruikshank, 92 U.S. 542, 554 (1876).
74. Id. at 555.
75. Lane, supra note 39, at 242-43.
76. Foner, supra note 11, at 559-60.
77. DONALD L. GRANT, THE WAY IT WAS IN THE SOUTH: THE BLACK EXPERIENCE IN GEORGIA 126-27, 130 (1993).
78. Congressman Jefferson F. Long, Speech on Disorders in the South, CONGRESSIONAL GLOBE, 41st Congress, Third Session 881-882 (1872).
79. Annual Message and Accompanying Documents of the Governor of Virginia to the General Assembly, December 2, 1874 29 (1874).
80. Smith returned the state to Democrat control, vowed to undo the negative influence that post-war Republican “misrule” had wrought, and quickly partnered with the politically-aligned legislature to roll back gains black Georgians had made under the previous Republican administrations. James M. Smith (1823-1890) NEW GEORGIA ENCYCLOPEDIA (July 22, 2013), http://www.georgiaencyclopedia.org/articles/government-politics/james-m-....
81. Table 25: Georgia - Race and Hispanic Origin: 1790-1990, U.S. CENSUS BUREAU (2002), available at http://www.census.gov/population/www/documentation/twps0056/tab25.pdf.
82. An Interview With the Present Governor of Georgia: Gov. James Milton Smith, ATL. CONST. (March 30, 1876).
83. 18 STAT. 335-37 (1875).
84. The Civil Rights Cases, 109 U.S. 3 (1883).
85. 163 U.S. 537 (1897), overruled by Brown v. Bd. of Educ., 347 U.S. 483 (1954).
86. Foner, supra note 11, at 560.
87. Id. at 584.
88. Lane, supra note 39, at 249.
89. Foner, supra note 11, at 562.
90. Ryan Scott King, Jim Crow is Alive and Well in the Twenty-First Century: Felony Disenfranchisement and the Continuing Struggle to Silence the African American Vote, 8 SOULS 7, 9 (2006); MISS. CONST., art. 12, § 242-43 (1890).
91. Ratliff v. Beale, 20 So. 865, 868 (1896).
92. OFFICIAL PROCEEDINGS OF THE CONSTITUTIONAL CONVENTION OF THE STATE OF ALABAMA, MAY 21ST , 1901, TO SEPTEMBER 3RD 1901 9 (1941).
93. Id.
94. MICHAEL PERMAN, STRUGGLE FOR MASTERY: DISFRANCHISEMENT IN THE SOUTH, 1888-1908 1, 6 (2001).
95. “The Mississippi Black Codes were copied, sometimes word for word, by legislators in South Carolina, Georgia, Florida, Alabama, Louisiana and Texas.” DAVID M. OSHINSKY, WORSE THAN SLAVERY: PARCHMAN FARM AND THE ORDEAL OF JIM CROW JUSTICE 21 (1996).
96. Jennifer Rae Taylor, Constitutionally Unprotected: Prison Slavery, Felon Disenfranchisement, and the Criminal Exception to Citizenship Rights, 47 GONz. L. REV. 365, 374 (2012).
97. DOUGLAS BLACKMON, SLAVERY BY ANOTHER NAME 54-55 (2008).
98. Oshinsky, supra note 95, at 35-36.
99. Prison Abuses in Mississippi: Under the Lease System Convicts are Treated with Brutal Cruelty, CHICAGO DAILY TRIB. (July 11, 1887).
100. Id.
101. Oshinksy, supra note 95, at 35.
102. Leon F. Litwack, Jim Crow Blues, 18 OAH MAG. OF HIST. 7, 7 (Jan. 2004).
103. Id.
104. S.C. CODE Ch. 5 § 19 (1952).
105. S.C. CODE Ch. 40 § 452 (1952).
106. S.C. CODE Ch. 5 § 503 (1952).
107. S.C. CODE Ch. 16 § 553 (1952).
108. Wali R. Kharif, Black Reaction to Segregation and Discrimination in Post-Reconstruction Florida, 64 FLA. HIST. q. 161 (Oct. 1985)
109. MISS. CODE § 4619 (1930).
110. N.C. GEN. STAT. § 125-10 (1901).
111. Examples of Jim Crow Laws, THE JACKSON (TENN.) SUN (2003), orig.jacksonsun.com/civilrights/sec1-crow-laws.shtml (last visited Dec. 12, 2014).
112. Color Line Was Ignored: White Woman and Negro Arrested for Walking Together, ATL. CONST. (March 23, 1901).
113. Id.
114. Litwack, supra note 102, at 9.
115. MANFRED BERG, POPULAR JUSTICE: A HISTORY OF LYNCHING IN AMERICA 45-50 (2011); PHILLIP DRAY, AT THE HANDS OF PERSONS UNKNOWN: THE LYNCHING OF BLACK AMERICA 18 (2003).
116. Dray, supra note 115, at 19.
117. Id. at 21-22.
118. Id. at 22-24.
119. Berg, supra note 115, at 24-31.
120. Id. at 66.
121. Id. at 34-35.
122. Id. at 31.
123. Id. at 38-39.
124. Id. at 39, 94.
125. STEWART E. TOLNAY AND E. M. BECK, A FESTIVAL OF VIOLENCE: AN ANALYSIS OF SOUTHERN LYNCHINGS, 1882-1930 247 (1992) (quoting COMMISSION ON INTERRACIAL COOPERATION, THE MOB STILL RIDES: A REVIEW OF THE LYNCHING RECORD, 1931-1935 (1936)); see also CHARLES OGLETREE, FROM LYNCH MOBS TO THE KILLING STATE: RACE AND THE DEATH PENALTY IN AMERICA 58 (2006) (“Though lynching had been used in the late 1800s as a form of punishment for whites, Mexicans, Chinese, and Native Americans, by the early 1900s, it had taken on a distinctly black/white racial character.”).
126. Berg, supra note 115, at 69.
127. Id. at 70-89.
128. Tolnay and Beck, supra note 125, at 51 n.1; see also Dray, supra note 115, at 18 (By the 1900s, “lynching had come almost exclusively to mean the summary execution of Southern black men.”).
129. Tolnay and Beck, supra note 125, at 17.
130. Berg, supra note 115, at 91.
131. Berg, supra note 115, at 94.
132. Tolnay and Beck, supra note 125, at 19 (quoting JAMES CUTLER, LYNCH LAW: AN INVESTIGATION INTO THE HISTORY OF LYNCHING IN THE UNITED STATES 273-74 (1905)).
133. Id. at 112-13.
134. The Lynching of the Negro at Chattanooga, SPARTANBURG (S.C.) DAILY HERALD (March 31, 1906); United States Supreme Court Defied: Prisoner Hanged in Defiance of the Full Tribunal’s Order, RICHMOND PLANET (March 24, 1906); Dray, supra note 115, at 157.
135. Emily Yellin, Lynching Victim is Cleared of Rape, 100 Years Later, N.Y. TIMES (Feb. 27, 2000).
136. Berg, supra note 115, at 97-98.
137. See also Tolnay and Beck, supra note 125, at 92 (finding that 29 percent of lynchings of African Americans from 1880-1930 in Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, and Ten-nessee were of individuals accused of sexual assault).
138. See also id. (finding that 37 percent of lynchings of African Americans from 1880-1930 in Alabama, Arkansas, Florida,Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, and Tennessee were of individuals accused of murder).
139. See also id. at 47.
140. See also id.
141. CRYSTAL N. FEIMSTER, SOUTHERN HORRORS: WOMEN AND THE POLITICS OF RAPE AND LYNCHING 165 (2009); RALPH GINZBURG, 100 YEARS OF LYNCHINGS 38-39 (1962).
142. See also Tolnay and Beck, supra note 125, at 48.
143. IDA B. WELLS-BARNETT, ON LYNCHINGS 14, 29-30 (2002).
144. ROBERT W. THURSTON, LYNCHING: AMERICAN MOB MURDER IN GLOBAL PERSPECTIVE 108 (2011).
145. A Negro Lynched, DAILY PUBLIC LEDGER (May 22, 1894).
146. Lynched in Dorchester, CHARLESTON (S.C.) NEWS AND COURIER (Jan. 16, 1904).
147. Ginzburg, supra note 141, at 76; Negro Lynched At Shreveport–Mob Worked So Secretly That Police Knew Nothing of Hanging, ATL. CONST. (Apr. 10, 1912); Innocent Of Crime–Negro Is Lynched Near the City Limits of Shreveport, La., CINCINNATI ENQUIRER (Apr. 10, 1912); Negro Hanged and Riddled–Had Been Accused of Writing Letters To White Woman, BALT. SUN (Apr. 10, 1912).
148. White Girl is Jailed, Negro Friend is Lynched, GALVESTON (TEX.) TRIBUNE (June 21, 1934); Negro Is Hanged By Irate Texans, MACON (GA.) TELEGRAPH (June 22, 1934); Negro Is Lynched In Texas Village, MONTGOMERY ADVERTISER (June 22, 1934); Negro Lynched By Kirbyville Mob, GALVESTON (TEX.) TRIBUNE (June 21, 1934).
149. See also Tolnay and Beck, supra note 125, at 47.
150. Lynched Because He Didn’t Say ‘Mr.’, BALT. AFRO-AMERICAN (Aug. 24, 1940).
151. NAACP, Brief Summary of Anti-Lynching Work, THE CRISIS (Feb. 1919), at 182; Vincent Mikkelsen, Coming Back from Battle to Face a War: The Lynching of Black Soldiers in the World War I Era 100-02 (Ph.D. diss., Fla. St. Univ. 2007).
152. Negro Killed After Hitting White Visitor, ASHEVILLE (N.C.) CITIZEN (June 25, 1934); Negro Lynched; Slapped White, N.Y. EVENING POST (June 25, 1934).
153. Ginzburg, supra note 141, at 102.
154. Negro is Taken from Deputy and Lynched, N.Y. GLOBE (Sept. 13, 1917).
155. SOPHIE & PAUL CRANE, TENNESSEE’S TROUBLED ROOTS 43 (1979); Negro Lynched, THE EVENING NEWS (Apr. 23, 1918); Ginzburg, supra note 141, at 268; Colored Man Lynched in Tennessee, LOUISVILLE (KY.) NEWS (Apr. 22, 1918); Negro Lynched at Lexington, NASHVILLE GLOBE (Apr. 26, 1918); Tennessee ‘Does Its Bit’, CHICAGO DEFENDER (Apr. 27, 1918).
156. Southern Farmers Lynch Peter Bazemore, CHICAGO DEFENDER (March 30, 1918); Short Shrift for Negro, CINCINNATI ENqUIRER (March 26, 1918).
157. See also Dray, supra note 115, at 18.
158. Identified by Girl, Negro is Lynched, ATL. CONST. (Sept. 26, 1930).
159. Maskers Slay Negro Witness, L.A. TIMES (Oct. 1, 1930); Masked Band Kills Man Who Testified in Court, WASH. POST (Oct. 1, 1930); Negro Witness Shot, Four White Men Held, ATL. CONST. (Sept. 29, 1930).
160. Berg, supra note 115, at 91.
161. David Garland, Penal Excess and Surplus Meaning: Public Torture Lynchings in Twentieth-Century America, 39 LAW & SOC. REV. 793 (2005).
162. Many reports published in white newspapers at the time of the lynching indicated that the woman was Holbert’s wife, but none listed her name. A modern researcher who dug through census records found indications Luther Holbert’s wife and children may have been living in Forest, Mississippi, at the time he was killed, and the woman lynched with him may have in fact been Emma Carr, wife of another black man killed in the incident that preceded the lynching. See J. TODD MOYE, LET THE PEOPLE DECIDE: BLACK FREEDOM AND WHITE RESISTANCE MOVEMENTS IN SUNFLOWER COUNTY, MISSISSIPPI, 1945-1986 13-14 (2004).
163. Id. at 9-13; JULIUS E. THOMPSON, LYNCHINGS IN MISSISSIPPI: A HISTORY, 1865-1965 53 (1999); BURNED AT THE STAKE: Man And Wife Hunted Down With Blood Hounds, Chained To Stake, BALT. AFRO-AMERICAN (Feb. 13, 1904).
164. Dray, supra note 115, at 231-34; Mob Burns Confessed Slayer of White Girl, MONTGOMERY ADVERTISER (May 23, 1917).
165. The Burning at Dyersburg: An NAACP Investigation, 15 CRISIS 178-83 (1917); Negro Is Burned by Tennessee Mob, ATL. CONST. (Dec. 3, 1917).
166. LEON F. LITWACK, TROUBLE IN MIND: BLACK SOUTHERNERS IN THE AGE OF JIM CROW 281 (1998); DORA APEL, IMAGERY OF LYNCHING: BLACK MEN, WHITE WOMEN, AND THE MOB 22 (2004).
167. Harvey Young, The Black Body as Souvenir in American Lynching, 57 THEATRE JOURNAL 639, 639-40 (2005).
168. See generally, Apel, supra note 166.
169. Daisy Harvill, PARIS, TX, TEXAS STATE HISTORICAL ASSOCIATION HANDBOOK OF TEXAS ONLINE (Dec. 9, 2010), available at http://www.tshaonline.org/handbook/online/articles/hdp01.
170. Id.
171. Michael M. Ludeman, LAMAR COUNTY, TEXAS STATE HISTORICAL ASSOCIATION HANDBOOK OF TEXAS ONLINE (June 15, 2010), http://www.tshaonline.org/handbook/online/articles/hcl01.
172. Dray, supra note 115, at 77-79; Richard M. Perloff, The Press and Lynchings of African-Americans, 30 JOURNAL OF BLACK STUDIES 315-330 (2000); Wells-Barnett, supra note 143, 76-83; Another Negro Burned, N.Y. TIMES (Feb. 2, 1893); Terrible Lynching, RICHMOND DISPATCH (Feb. 2, 1893).
173. Letter From Texas Reveals Lynching’s Ironic Facts, N.Y. NEGRO WORLD (Aug. 22, 1920); Fair Grounds Flagpole Scene of Double Lynching, KANSAS CITY (MO.) TIMES (July 7, 1920); Ginzburg, supra note 141, at 138-40; Mob Burns Two At Stake; Patrols Guard Paris, Texas, N.Y.C. MAIL (July 7, 1920); Two Lynched Not Guilty, KANSAS CITY (MO.) TIMES (July 7, 1920); Texans Seek to Punish Mob for Stake Burning, N.Y.C. MAIL (July 10, 1920); Texans Rejoice as Men Burn, CHICAGO DEFENDER (July 10, 1920); Paris Burn Fest Most Horrible Atrocity in Annals of Texas Lynchings in Texas: Leading Citizens Were There, HOUSTON INFORMER (July 26, 1920); Eight Victims of Lynch Law, THE CHICAGO DEFENDER (1920).
174. Id.
175. Protesters Clash over Texas Dragging Death CBS NEWS (July 21, 2009), http://www.cbsnews.com/news/protesters-clash-over-texas-dragging-death/.
176. Protests Erupt After Suspects Set Free in Dragging Case, WORKER’S WORLD (June 21, 2009), http://www.workers.org/2009/us/texas_0625/.
177. Tolnay and Beck, supra note 125, at 219.
178. Id. at 112-13; Berg, supra note 115, at 93.
179. ELLIOT JASPIN, BURIED IN THE BITTER WATERS: THE HIDDEN HISTORY OF RACIAL CLEANSING IN AMERICA Ch. 8 (2007); Negro Killed by Mob and His Body Burned, ATL. CONST. (May 21, 1918).
180. GRIF STOCKLEY, RULED BY RACE: BLACK/WHITE RELATIONS IN ARKANSAS FROM SLAVERY TO THE PRESENT 191-95 (2009).
181. Allies of Huns Lynch Farm Hand, CHICAGO DEFENDER (June 22, 1918).
182. Prominent Race Man is Victim of Ark. Mob, PITTSBURGH COURIER (June 16, 1927).
183. Minister Lynched by Mississippi Mob Was Martyr for People: REV. MARKS IS LAUDED HIGHLY, ATL. DAILY WORLD (Apr. 20,1935).
184. Albert Jackson, Union Bares Lynching of Sharecropper, CHICAGO DEFENDER (Aug. 31, 1935); Albert Jackson, Undercover Secret Lynching of Ala. Sharecropper’s Leader, AMERICAN (Aug. 30, 1935).
185. For example, an editorial in the Danville Daily News, in Virginia, published March 5, 1879, protested federal “interfer-ence” in local affairs: “If the pretensions of absolutism of the federal administration now set up [shall] be enforced everything like State autonomy, community independence, or ‘home rule’ (as the modern phrase is)—principles dearest of all to the heart of the American citizen—might as well be surrendered as among the things of the happy past....” CHRISTOPHER WALDREP, AFRICAN AMERICANS CONFRONT LYNCHING: STRATEGIES OF RESISTANCE FROM THE CIVIL WAR TO THE CIVIL RIGHTS ERA 140 (2009); Henry W. Grady, editor of the ATLANTA CONSTITUTION, in an 1886 speech before Northern businessmen, asked Northerners to let the white South handle the “social relations” between the races without interference, as the South’s very existence depended on the domination of the white race. PAULA J. GIDDINGS, IDA: A SWORD AMONG LIONS 123 (2008). In 1919, the Nashville Banner editorialized that federal anti-lynching legislation “would overthrow a very important pre-rogative reserved for the states, and would be a dangerous encroachment on the right of local self-government—the principles of federalism, the groundwork on which the Union is built.” CLAUDINE L. FERRELL, NIGHTMARE AND DREAM: ANTI-LYNCHING IN CONGRESS, 1917-1922 6-7 (1983); Tennessee Governor Malcolm Patterson, despite condemning a 1908 lynching as “a deplorable affair,” vehemently opposed the NAACP’s effort to pass a federal anti-lynching law, saying that “no more impudent challenge...was ever thrown in the face of a people or one more destructive to the rights of theirstates.” MARGARET VANDIVER, LETHAL PUNISHMENT: LYNCHINGS AND LEGAL EXECUTIONS IN THE SOUTH 117 (2006).
186. Soon after Republican Benjamin Harrison became the first president to place an anti-lynching bill before Congress, anti-lynching laws were passed in Georgia, North Carolina, South Carolina, Ohio, Kentucky, and Texas. A dozen states ulti-mately passed laws that authorized governors to employ state militia to prevent lynchings, held sheriffs or counties liable for lynchings, or criminalized participation in the mob. Desmond S. King and Rogers M. Smith, Racial Orders in American Political Development, 99 AM. POL. SCI. REV. 75, 87 (2005); Berg, supra note 115, at 154; CHRISTOPHER WALDREP, ED., LYNCHING IN AMERICA: A HISTORY IN DOCUMENTS 135 (2006); Tolnay & Beck, supra note 125, at 212.
187. Law and Order Upheld By Citizens of Campbell; Blow Struck at Terrorists, ATL. CONST. (Aug. 10, 1901) (reporting three white men convicted of murder for lynching Sterling Thompson, a black man, in Campbell County, Georgia).
188. Berg, supra note 115, at 153.
189. Civil Rights Cases, supra note 84, at 14.
190. Republican Senator William Borah argued that anti-lynching legislation unconstitutionally invaded state rights and votingfor it was as lawless as lynching itself. Waldrep, supra note 185, at 75.
191. Civil Rights Cases, supra note 84, at 25.
192. Berg, supra note 115, at 146.
193. Giddings, supra note 185, at 63, 81.
194. Id. at 81.
195. Id. at 83.
196. Id. at 90-91.
197. Id. at 157.
198. Id. at 216.
199. Id.
200. Id. at 473-74.
201. Berg, supra note 115, at 94-95.
202. Waldrep, supra note 185, at 47.
203. King and Smith, supra note 186, at 87.
204. Giddings, supra note 185, at 468.
205. Vandiver, supra note 185, at 13.
206. Berg, supra note 115, at 108; Giddings, supra note 185, at 399.
207. Berg, supra note 115, at 113.
208. Id. at 114; Tolnay and Beck, supra note 125, at 209.
209. Berg, supra note 115, at 113. Returning World War I veterans who had “come home fighting” exemplified the “New Negro” who engaged in armed self-defense against rioting white mobs in Chicago and Washington, DC, in 1919. Gid-dings, supra note 185, at 593, 598.
210. Giddings, supra note 185, at 177-84, 214.
211. Id. at 76-77.
212. Berg, supra note 115, at 150. Local papers presented black people exclusively as criminals and often included brutal, exaggerated descriptions of the alleged crimes that operated to justify even the most gruesome lynchings. Ifill, supra note i, at 105-06.
213. New York Freeman editor T. Thomas Fortune founded the National Afro American League in 1884 to advocate for civil rights and against lynching. In 1896, the National Association for Colored Women was established to fight lynching and Bishop Alexander Waltersformed the National Afro American Council, which represented 200,000 voters by 1900. Wal-drep, supra note 186, at 128.
214. IDA B.WELLS, CRUSADE FOR JUSTICE: THE AUTOBIOGRAPHY OF IDA B. WELLS 7 (1970).
215. Id. at 15-20; Giddings, supra note 185, at 60-63; Chesapeake & Ohio & Southwestern Railroad v. Wells, 85 Tenn. 613 (1887).
216. Wells, supra note 214, at 35; Giddings, supra note 185, at 154-55.
217. Wells, supra note 214, at 47-52; Giddings, supra note 185, at 188-93.
218. Wells, supra note 214, 61-67; Giddings, supra note 185, at 207-14.
219. Wells, supra note 214, 69-200.
220. Giddings, supra note 185, at 1-7; Wells-Barnett, supra note 143, at 5-6.
221. Wells-Barnett, supra note 143, at 26.
222. Waldrep, supra note 186, at 207-16; Giddings, supra note 185, at 385-88.
223. Berg, supra note 115, at 147.
224. Giddings, supra note 185, at 478.
225. Id. at 500.
226. Id. at 624.
227. Waldrep, supra note 185, at 65, 68.
228. Id. at 72.
229. Giddings, supra note 185, at 593.
230. Seven hundred African Americans were in the Congressional galleries, cheering and shouting down members of Con-gress, when the Dyer Bill passed the House on January 26 by a vote of 231-119. Id. at 626; see also Waldrep, supra note 185, at 77.
231. The New York Telegraph wrote that states’ rights had killed the bill: “Congress is composed largely of lawyers, and lawyers found it hard to enthuse over a measure the tendency of which was to strip a state of the sole power of main-taining order – of conserving the peace . . . [T]he time has not yet arrived when interior communities will submit to interference with the police laws.” Ferrell, supra note 185, at 7.
232. The New York Times attacked it as a political stunt by Republicans to try to win black voters back with an unconstitutional bill. Waldrep, supra note 185, at 75.
233. Mississippi congressman Thomas Sisson declared he would rather kill every black person in the world than have just one white girl raped by a black man. Id. at 74.
234. Vandiver, supra note 185, at 173.
235. Ferrell, supra note 185, at iv.
236. Waldrep, supra note 186, at 235; Berg, supra note 115, at 154.
237. Berg, supra note 115, at 149.
238. Two Gallup polls showed large portions of white Southernerssupported federal legislation against lynching but opposed any specific measures against the practice; Southern politicians continued to oppose federal interference under the banner of states’ rights. AMY LOUISE WOOD, LYNCHING AND SPECTACLE: WITNESSING RACIAL VIOLENCE IN AMERICA, 1890-1940 263 (2009).
239. Timothy V. Kaufman-Osborn, Capital Punishment as Legal Lynching? in LYNCH MOBS TO THE KILLING STATE: RACE AND THE DEATH PENALTY IN AMERICA, ed. Charles J. Ogletree Jr. and Austin Sarat, 37-38 (2006).
240. Wood, supra note 238, at 261.
241. Berg, supra note 115, at 167.
242. Waldrep, supra note 185, at 82-83.
243. Tolnay and Beck, supra note 125, at 204.
244. Id. at 215.
245. Id. at 218 (quoting U.S. DEPT. OF LABOR, NEGRO MIGRATION IN 1916-17 107 (1919)); Berg, supra note 115, at 113; Ifill, supra note i, at 66; Stewart E. Tolnay and E. M. Beck, Racial Violence and Black Migration in the American South, 1910 to 1930, 57 AM. SOC. REV. 1, 103-16 (1992) (finding support for a model of reciprocal causation between racial violence and black net out-migration from Southern counties during the era of the Great Migration and concluding that “mob violence was an important social force driving blacks from certain areas of the South.”).
246. Giddings, supra note 185, at 183, 189.
247. Tolnay and Beck, supra note 125, at 218 (quoting U.S. Dept. of Labor, supra note 245, at 79).
248. ISABEL WILKERSON, THE WARMTH OF OTHER SUNS: THE EPIC STORY OF AMERICA’S GREAT MIGRATION 157 (2010).
249. Tolnay and Beck, supra note 125, at 219.
250. Id. at 222; Wilkerson, supra note 248, at 533.
251. A Year of No Lynchings, THE GUARDIAN (Jan. 8, 1953); 1952 is the First Year Without a Lynching in the U.S., CHICAGO TRIBUNE (Dec. 31, 1952); Thompson, supra note 163, at 141.
252. JAMES P. MARSHALL, STUDENT ACTIVISM AND CIVIL RIGHTS IN MISSISSIPPI: PROTEST POLITICS AND THE STRUGGLE FOR RACIAL JUSTICE, 1960-1965 101-103 (2013).
253. Arkansas Lynching: Negro Taken from Sheridan Jail and Hanged in Courthouse Yard, BRYAN (TEX.) MORNING EAGLE (Oct. 8, 1903).
254. Id.
255. Sheridan Set to Mix Pupils in High School, ARK. GAzETTE (May 22, 1954).
256. John A. Kirk, Not Quite Black and White: School Desegregation in Arkansas, 1954-1966, 70 ARK. HIST. QUARTERLY 225, 231-32 (2011).
257. Id.
258. The Patterns of Transitions Vary, ARK. GAzETTE (May 23, 1954).
259. Sheridan Rescinds Integration Order; Fayetteville to Mix; Little Rock to Stand Pat for Present, ARK. GAZETTE (May 23, 1954).
260. Kirk, supra note 256, at 231-32.
261. “As long as there was one black child left in town, they had to keep the school open.” Rev. James Seawood, STORYCORPS, http://storycorps.org/listen/reverend- james-seawood/# (last visited Dec. 12, 2014).
262. City of Sheridan, Arkansas, GRANT COUNTY STATISTICS, http://www.sheridanark.com/stats.php (last visited Dec. 12, 2014).
263. A famous example of such a lynching is the murder of Edward Johnson in Chattanooga, Tennessee, in 1906. Johnson was seized from the Chattanooga jail, which had been vacated by the sheriff and his staff, dragged through the streets, and hanged from the second span of the Walnut Street Bridge. After Johnson’s lynching, the U.S. Supreme Court held a trial of local officials who were complicit in the lynching and several were convicted of contempt of court. See generally MARK CURRIDEN & LEROY PHILLIPS JR., CONTEMPT OF COURT, THE TURN-OF-THE-CENTURY LYNCHING THAT LAUNCHED 100 YEARS OF FEDERALISM (1999).
264. See generally Blackmon, supra note 97.
265. Strauder v. West Virginia, 100 U.S. 303 (1880).
266. See EQUAL JUSTICE INITIATIVE, ILLEGAL RACIAL DISCRIMINATION IN JURY SELECTION: A CONTINUING LEGACY 10 (2010).
267. Douglas L. Colbert, Challenging the Challenge: Thirteenth Amendment As A Prohibition Against the Racial Use of Peremp-tory Challenges, 76 CORNELL L. REV. 1, 78 (1990).
268. See James Forman Jr., Juries and Race in the Nineteenth Century, 113 YALE L.J. 895, 934 (2004).
269. James W. Clarke, Without Fear or Shame: Lynching, Capital Punishment and the Subculture of Violence in the American South, 28 BRITISH J. OF POL. SCI. 269, 284 (Apr. 1998). Scholars disagree about the extent to which statistical analyses show that the death penalty replaced lynching. Berg, supra note 115, at 159-60 (evidence that, nationwide, in the 1890s, 1300 black people were lynched and 608 were executed, and in the 1920s, 250 black people were lynched and 567 executed, but the ratio of lynchings to executions went from 2.1 in the 1890s to 0.4 in the 1920s, suggests that the death penalty replaced lynching); but see Tolnay and Beck, supra note 125, at 204 (concluding that little empirical evi-dence supports the hypothesis that lynchings declined as Southern states assumed the role of the mob by increasing the number of blacks who were legally executed); Vandiver, supra note 185, at 17 (finding that some evidence for the substitution model has been adduced by historical research and aggregate nationalstatistics but multivariate statistical analysis does not support it).
270. Stephen B. Bright, Discrimination, Death and Denial: The Tolerance of Racial Discrimination in Infliction of the Death Penalty, 35 SANTA CLARA L. REV. 433, 440 (1995); see also Charles David Phillips, Exploring Relations Among Forms of Social Control: The Lynching and Execution of Blacks in North Carolina, 1889-1918, 21 LAW AND SOC. REV. 361, 372-73 (1987) (finding evidence for the conclusion that, prior to disenfranchisement, lynchings and executions were used in concert to suppressthe black population, but once blacks were politically neutralized, lynching became a “costly and unnecessary form of repression” and legal executions then became sufficient to punish deviance within the black population).
271. Bright, supra note 270, at 440-41.
272. Stuart Banner, Traces of Slavery: Race and the Death Penalty in Historical Perspective, in FROM LYNCH MOBS TO THE KILLING STATE: RACE AND THE DEATH PENALTY IN AMERICA, ed. Charles J. Ogletree Jr. and Austin Sarat, 106 (2006).
273. Wood, supra note 238, at 38.
274. Id.
275. Vandiver, supra note 185, at 101.
276. Clarke, supra note 269, at 284-85.
277. Bright, supra note 270, at 440.
278. Clarke, supra note 269, at 287.
279. DAVID GARLAND, PECULIAR INSTITUTION: AMERICA’S DEATH PENALTY IN AN AGE OF ABOLITION 218-19 (2010).
280. Furman v. Georgia, 408 U.S. 238, 308, 310 (1972) (Stewart, J., concurring).
281. Following Furman, Mississippi Senator James O. Eastland accused the Court of “legislating” and “destroying our system of government,” while Georgia’s white supremacist lieutenant governor, Lester Maddox, called the decision “a license for anarchy, rape, and murder.” In December 1972, Florida became the first state to enact a new death penalty statute post-Furman, and within two years, thirty-five states had followed suit. Proponents of Georgia’s new death penalty bill unapologetically borrowed the rhetoric of lynching, insisting: “There should be more hangings. Put more nooses on the gallows. We’ve got to make it safe on the street again . . . It wouldn’t be too bad to hang some on the court house square, and let those who would plunder and destroy see.” State Representative Guy Hill of Atlanta proposed a bill that would require death by hanging, to take place “at or near the courthouse in the county in which the crime was commit-ted.” Georgia Representative James H. “Sloppy” Floyd remarked, “If people commit these crimes, they ought to burn.” Garland, supra note 279, at 232, 247-48.
282. Gregg v. Georgia, 428 U.S. 153, 184 (1976).
283. McCleskey v. Kemp, 481 U.S. 279, 312 (1987).
284. Id. at 313.
285. Current Death Row Populations by Race, DEATH PENALTY INFORMATION CENTER, http://www.deathpenaltyinfo.org/race-death-row-inmates-executed-1976#dea... (accessed Jan. 9, 2015).
286. Annual Estimates of the Resident Population by Sex, Race, and Hispanic Origin for the United States, States, and Coun-ties: April 1, 2010 to July 1, 2012,” U.S. CENSUS BUREAU, http://factfinder2.census.gov/faces/tableservices/jsf/pages/pro- ductview.xhtml?src=bkmk (accessed Jan. 9, 2015); National Statistics on the Death Penalty and Race, DEATH PENALTY INFORMATION CENTER, http://www.deathpenaltyinfo.org/race-death-row-inmates-executed-1976 (accessed Jan. 9, 2015).
287. Facts About the Death Penalty, DEATH PENALTY INFORMATION CENTER, http://www.deathpenaltyinfo.org/documents/Fact-Sheet.pdf (Dec. 19, 2014).
288. Equal Justice Initiative, supra note 266, at 5.
289. Number of Executions by State and Region Since 1976, DEATH PENALTY INFORMATION CENTER, http://www.deathpenaltyinfo.org/number-executions-state-and-region-1976 (accessed Jan. 9, 2015).
290. Bright, supra note 270, at 439.
291. Id.
292. Ifill, supra note i, at 15-23, 117-31, 173-76.
293. For example, there are at least 59 Confederate monuments, markers, and memorials in Montgomery, Alabama, alone. Equal Justice Initiative, supra note 9, at 44.
294. See id. at 44-45.
295. President Jimmy Carter, Address to the First Days of Remembrance Commemoration (Apr. 24, 1979).
296. James E. Young, Germany’s Holocaust Memorial Problem–and Mine, 24 THE PUBLIC HISTORIAN 65, 75 (Fall 2002).
297. There are numerous historical examples. In 2000, Pope John Paul II visited Yad Vashem (the Holocaust Memorial in Israel) and delivered a speech acknowledging the six million Jews killed by the Nazis during the Holocaust, in an attempt to foster reconciliation between Jewish people and the Catholic Church, whose role in the Holocaust under Pope Pius XII remains the subject of ongoing controversy. Pope John Paul II, Speech at Yad Vashem Holocaust Memorial (March 23, 2000), available at http://www.jewishvirtuallibrary.org/jsource/Holocaust/paulspeech.html.
298. Litwack, supra note 166, at 286.
299. See, e.g., Ervin Staub, Reconciliation after Genocide, Mass Killing, or Intractable Conflict: Understanding the Roots of Violence, Psychological Recovery, and Steps toward a General Theory, 27 J. POL. PHILOSOPHY 867, 871 (2006) (explaining how victims of mass violence suffer from post-traumatic stress disorder (PTSD) and complex trauma, which may prompt victimized groups to feel guilt, ineffectiveness, loss of control, and the absence of a positive identity, and to engage in their own cycles of violence, stemming from a perceived need to defend themselves).
300. Litwack, supra note 166, at 284.
301. Staub, supra note 298, at 876.
302. Oliver C. Cox, Lynching and the Status Quo, 14 J. OF NEGRO ED. 576, 577 (1945).
303. Litwack, supra note 166, at 322.
304. Ifill, supra note i, at 73.
305. Id.
306. Litwack, supra note 166, at 315.
307. Ifill, supra note i, at 61.
308. Id.
309. Wilkerson, supra note 248, at 179.
310. Staub, supra note 298, at 872.
311. Id. at 872-73.
312. Ginzburg, supra note 141, at 28.
313. KRISTINA DUROUCHER, RAISING RACISTS: THE SOCIALIzATION OF WHITE CHILDREN IN THE JIM CROW SOUTH 120-23 (2011).
314. Id. at 120-23.
315. Litwack, supra note 166, at 288.
316. Id.; DuRoucher, supra note 312, at 120.
317. Litwack, supra note 166, at 288; see also SUSAN BARRINGER WELLS, A GAME CALLED SALISBURY: THE SPINNING OF A SOUTHERN TRAGEDY AND THE MYTHS OF RACE (2d ed. 2010).
318. See generally DALE COX, THE BATTLE OF MARIANNA, FLORIDA (2011).
319. Inscription on Confederate Memorial, Courthouse lawn, Marianna, Florida (erected 1888).
320. See DALE COX, THE CLAUDE NEAL LYNCHING: THE 1934 MURDERS OF CLAUDE NEAL AND LOLA CANNADY (2012); JAMES R. MCGOVERN, ANATOMY OF A LYNCHING: THE KILLING OF CLAUDE NEAL (1992); WALTER HOWARD, LYNCHINGS: EXTRALEGAL VIOLENCE IN FLORIDA DURING THE 1930S (2005); Ben Montgomery, Spectacle: The Lynching of Claude Neal TAMPA BAY TIMES (Oct. 5, 2011).
321. Greg Allen, Florida’s Dozier School for Boys: A True Horror Story, NPR (Oct. 15, 2012), available at http://www.npr.org/2012/10/15/162941770/florida-dozier-school-for-boys-a....
322. Bill Chappell, 55 Bodies Exhumed at Reform School Site in Florida, NPR (Jan. 28, 2014), available at http://www.npr.org/blogs/thetwo-way/2014/01/28/267899476/55-bodies-are-e....
323. Nina Berman and Michael Mechanic, It Was Kind of Like Slavery, MOTHER JONES (Feb. 2014), available at http://www.motherjones.com/politics/2014/02/returning-to-dozier-florida-....
324. DuRoucher, supra note 312, at 132.
325. Id.; see also Litwack, supra note 166, at 283 (describing the failure of the white community to take any action in the face of evidence demonstrating that Sam Hose, who was lynched in Georgia in 1899, had been falsely accused of rape).
326. Litwack, supra note 166, at 294.
338. Bill Chappell, 55 Bodies Exhumed at Reform School Site in Florida, NPR (Jan. 28, 2014), available at http://www.npr.org/blogs/thetwo-way/2014/01/28/267899476/55-bodies-are-e...
339. Nina Berman and Michael Mechanic, It Was Kind of Like Slavery, MOTHER JONES (Feb. 2014), available at http://www.motherjones.com/politics/2014/02/returning-to-dozier-florida-....
340. Id. at 285.
341. Id. at 284.
342. Negro Lynched, LINCOLN COUNTY (MISS.) TIMES (Feb. 8, 1908).
343. SARA BULLARD, A HISTORY OF THE CIVIL RIGHTS MOVEMENT AND THOSE WHO DIED IN IT 42-43 (1994).
344. MARTHA MINOW, BETWEEN VENGEANCE AND FORGIVENESS: FACING HISTORY AFTER GENOCIDE AND MASS VIOLENCE 65 (1998).
345. Id. at 71.
346. Id. at 67.
347. Id. at 74-75.
348. Id. at 75.
349. Id. at 92.
350. See Robin Wagner-Pacifici & Barry Schwartz, The Vietnam Veterans Memorial: Commemorating a Difficult Past, 97 AM. J. SOC. 376 (Sep. 1991).
351. Minow, supra note 330, at 67.