Lynch Law - William and Mary College Quarterly, Vol. 13, No. 3

Transcribed by Kathy Merrill for the USGenWeb Archives Special Collections Project

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                              LYNCH LAW.                                203

     "In the Nation of December 4, 1902, pp. 439-411, will be found a string of
examples of this term, going back to 1817.  In that year Judge Spencer Roane,
in some recollections of his father-in-law, Patrick Henry, said: 'In the year 1792
there were many suits on the south side of James river for inflicting Lynch's
law.'  (Wirt's Life of Henry, 1818, p. 372.)  In a note, but whether written by
Roane or by Wirt is uncertain, we read:  "Thirty-nine lashes, inflicted without
trial or law, on mere sus-

204

picion of guilt, which could not be regularly proven.  This lawless practice, which,
sometimes by the order of a magistrate, sometimes without, prevailed ex-
tensively in the upper counties on James river, took its name from the
gentleman who first set the example of it.'  It has frequently been asserted that
this gentleman was Charles Lynch, of Virginia (born in 1736, died in 1796),
but as yet no proof has been produced to connect lynch law with Charles Lynch.
Will not some of your Virginia scholars take the matter up, search the records,
and give us the facts about those suits alluded to by Judge Roane?  The early
history of lynch law is very obscure, and I know of no example of the term
previous to 1817.  As I have in preparation an extended paper on the subject,
I should welcome any information relating to the practice before 1817." --
Albert Matthews, Boston.

     In an article published in the Richmond Standard for November 1, 1879,
A. B. refers to Hening's Statutes at Large, Vol. XI., pp. 134, 135, in support
of the connection of Charles Lynch with lynch law.  The story seems to be as
follows:  In 1780 Southwest Virginia was infested by a band of Tories, who
committed outrages upon defenceless inhabitants.  Then, as the act recites,
"William Preston, Robert Adams, Jun., James Callaway and Charles Lynch,
and other faithful citizens, aided by detachments of volunteers from different
parts of the State, did by timely and effectual measures suppress such
conspiracies by measures not strictly warranted by law, although justifiable
from the imminence of the danger."

     Actions and suits were commenced against Lynch and his associates, and
in 1782 they applied and obtained an act of indemnity from the General
Assembly.  Probably Roane, in giving 1792 as the date of these suits,
intended 1782.

     Of those who were conspicuous in acting outside of the law, Col. William
Preston was the only son of John and Elizabeth (Patton) Preston.  He was
born in Ireland about 1731, emigrated with his parents to American in 1740,
and died at his seat in Augusta county in 1783.  He was a burgess in the
Assembly, county lieutenant of Fincastle and Montgomery, and "a man of
very marked decision and efficiency of character."  He was the founder of the
distinguished Preston family, which has given so many brilliant names to the
State and national history.

     Captain Robert Adams, Jr., of Campbell county, was a

Page 205

brother-in-law of Col. Charles Lynch, and son of Robert Adams, whose father
of the same name came from New Kent county, died in Goochland county in
1740, where his will, naming his son Robert, is recorded.  A snatch of an old
song of the Revolution is still repeated in Campbell county:

         "Hurrah for Captain Bob, Colonels Lynch and Callaway!
          They never let a Tory rest till he cries out, 'Liberty!'"

     Col. James Callaway was the son of William Callaway, gent., who in 1761
"made a free gift of 100 acres of land in the county of Bedford, adjoining the

court-house of the said county, to be settled into a town," known by the name
of New London (Hening Stats., VII., 203).  During the Revolution New London
contained some seventy or eighty houses.  Capt. James Callaway was born
December 21, 1763, and died November 1, 1809.  He married three times, and
had twenty-two children, eleven of whom married and left issue.

   Col. Charles Lynch was the son of Charles Lynch and Sarah his wife.  He
commanded a regiment of riflemen at the battle of Guildford Court-house.  He
was the brother of John Lynch, the founder of Lynchburg.  His residence was
on the Staunton river, in the southwestern part of Campbell county, and in 1843

it was the seat of his grandson, Charles Henry Lynch.  A son, Charles Lynch,
was Governor of Louisiana.