J
JENKINSVILLE--From the time his son was old enough to understand, Kamau
Marcharia has been telling Ramon the story of an ancestor who was tied to
the bumper of a Model T Ford and dragged to his death.
Lynching is part of black Southerners' heritage. But Marcharia was not
prepared for the call that came three years ago when Ramon and three other
black boys got into a fight with a white boy at middle school and were
summoned to court -- to answer charges of lynching.
"I didn't even know there was a law like that," the veteran civil
rights activist says. "I was outraged. See, a 13-year-old fighting because
somebody either pushed him or punched him is not lynching. ...
"When I hear that term, psychologically I cannot get that out of my
mind, the picture of some horrible event."
South Carolina's lynching law, the only one of four in the nation that
still is used routinely, was enacted to end the state's long history of
white vigilante justice against blacks. But that law has borne strange
fruit.
Today in South Carolina, blacks are most often the ones charged with
lynching -- defined in the statute as any act of violence by two or more
people against another, regardless of race.
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LOU
KRASKY/AP |
Kamau Marcharia (lef) and son Ramon,
17, in Jenkinsville talk about Ramon’s charge of lynching
after a fight with a white boy.
| |
Though they make up just 30 percent of the state's population,
blacks account for 63 percent of the lynching charges, according to an
Associated Press analysis of crime statistics.
For every 1,000 blacks in South Carolina, 2.07 were charged with
lynching, compared with 0.46 charged per 1,000 whites -- meaning blacks
are charged with lynching at 4-1/2 times the rate for whites.
In all but two of the state's 46 counties, blacks are charged with
lynching out of proportion to their representation in the population.
In Oconee County, for instance, blacks comprise 8 percent of the
residents but 44 percent of those charged with lynching.
Prosecutors and police argue there is no racial profiling behind the
law's application, noting blacks are charged with other violent crimes
more often than whites. But it's the use of the word lynching that trips
Marcharia and others.
"Obviously, the law has outlived its purpose," says J. Wayne Flynt, a
professor of Southern history at Auburn University. "Its intent was to
stop extralegal violence, essentially aimed at blacks."
For many, the term "lynching" conjures specific images -- of black men,
accused of some real or perceived crime, pulled from jail cells by
torch-carrying white mobs, strung up from trees and mutilated.
When South Carolina's Legislature passed its anti-lynching law in 1951,
it was responding to just such a case -- the highly publicized murder of
Willie Earle, who was dragged out of jail by a white mob and gunned down
in retaliation for the death of a cabbie.
It was in Greenville County in the state's western Appalachian
foot-hills that Earle's slaying occurred, and that is where the statute is
invoked most often today.
Between 1998 and 2002, 446 people in Greenville County were charged
with lynching. Blacks make up 18 percent of the county's population; they
comprised 47 percent of the lynching defendants whose race was specified.
At the other end of the state lies Charleston, where nearly half of the
black slaves entering the country arrived.
Charleston County charged more blacks with lynching than any other --
271 in the past five years. That county is 34 percent black; blacks
accounted for 69 percent of those charged.
Of the nearly 4,000 adults charged by police with lynching since 1998,
only 136 have been convicted of that offense. Most such charges are
amended to assault or dismissed in court. But of those convicted, blacks
account for 67 percent, twice the rate of whites.
During the same five-year period, nearly 1,400 juvenile lynching
charges were filed; it was unclear how many of those ended up in adult
court.
Still, the statistics suggest the racial gap among minors is even wider
than for adults. In 2002, the only year for which a breakdown was
immediately available, 231 black youths were charged with lynching, more
than 10 times the number of white juveniles.
"It's ironic at least," says William Gravely, a University of Denver
history professor who was a 7-year-old boy living in Greenville County
when Earle was lynched. "In one sense it's a kind of denial of the large
historical record going back to the late 19th century."
It's worse than ironic to Tom Broadwater, a former attorney who travels
the country with an exhibit of photographs showing the horror of
lynchings.
When Broadwater practiced law in South Carolina, he represented many
fellow blacks on lynching charges. Most, he says, stemmed from what he
considered simple assaults.
"There's an attempt to minimize the seriousness which the word
'lynching' carries with it," Broadwater says.
Of course, some lynching charges in South Carolina have involved brutal
attacks, and the penalties for convictions are stiff -- up to 40 years for
first-degree lynching, involving a death, and 20 years for second-degree.
(The statute allows for the death penalty in first-degree cases, but
prosecutors could not remember the last time it was pursued.)
In 1996, a white couple in Clarendon County were charged with lynching
after allegedly tying a 9-year-old black boy to a tree, shooting a gun
past his head, punching and kicking him, and tying a belt around his neck
until he passed out. They were convicted of aggravated assault and served
less than two years.
Three years later in North Charleston, several black high school
students wielding pipes and trash cans were arrested on lynching charges
after a 35-year-old white man was beaten into a coma and eventually had to
have a portion of his brain removed. One of the attackers allegedly WAS
heard saying: "Yeah, we're going to get us a white boy." Six pleaded
guilty and were sentenced to 20 years in prison.
In Beaufort County last year, two middle-schoolers were charged with
second-degree lynching when a 14-year-old boy collapsed after being
repeatedly punched in the chest as part of a new-kid initiation. When the
boy died, the charges were upgraded to involuntary manslaughter.
The only other states with lynching statutes on the books are
California, Virginia and West Virginia, though the laws are used rarely.
South Carolina's law was adopted amid the Truman administration's efforts
to pass a federal anti-lynching statute -- and under the shadow of Willie
Earle's slaying.
On Feb. 15, 1947, taxi driver Thomas W. Brown was found outside
Pickens, about 500 yards from his cab. He had been stabbed three times and
robbed. Earle was picked up the next day and lodged in the local jail.
The next day, a mob of white men -- many wearing taxi drivers' caps --
stormed the jail and took Earle. He was found about two hours later in
neighboring Green-ville County; he had been beaten, stabbed and shot in
the face with a shotgun. Then-Gov. Strom Thurmond ordered a vigorous
investigation, and 31 men were quickly rounded up and charged. Despite
confessions from 26 of the defendants, all were acquitted.
Federal officials launched a civil rights investigation, but nothing
came of it. Earle's widow received $3,000 in state compensation.
Charleston Police Chief Reuben Greenberg isn't surprised that blacks
are charged with lynching twice as often as whites. In his jurisdiction,
it's like that with just about all crimes.
Greenberg, a descendant of Southern blacks and Russian Jews, says he
was surprised at the term lynching's local usage when he arrived in
Charleston 22 years ago. But now he's been enforcing the law for two
decades, mainly as a tool against gang activity.
"I'm not consumed by the race issue," says Greenberg. "The historical
meaning of the thing has no effect on me whatever. We're beyond it."
Gravely thinks the state's anti-lynching law was passed as a
pre-emptive strike against the feds, as much a "states' rights move" as a
moral imperative.
Marcharia has approached legislators about amending the lynching law to
better reflect the word's historical meaning, but to no avail.
Trey Walker, a spokesman for state Attorney General Henry McMaster,
says while McMaster is "sensitive and sympathetic to feelings associated
with the term," there is nothing racial about the lynching law's
construction or its application.
"There is no reference to race in the statute, so it applies to anyone,
any two or more people who commit an act of violence," Walker says. "The
law is colorblind."
But Marcharia says the law as it has come to be used in South Carolina
is an affront to blacks.
"That law was passed, in my judgment, to make sure that
African-Americans, two generations from now or two decades from now, will
lose the memory of their history, what happened to them," says Marcharia,
whose full name is Swahili for "black warrior." "That kids born in that
period of time will see lynching as a fist fight, when we know that
lynching is murder and killing, burning people and evil."
SOUTH CAROLINA'S LYNCHING LAW
The text of South Carolina's anti-lynching statute, adopted in 1951
(Though it allows for the death penalty, prosecutors say that provision is
no longer invoked.):
SECTION 16-3-210. Lynching in the first degree.
Any act of violence inflicted by a mob upon the body of another person
which results in the death of the person shall constitute the crime of
lynching in the first degree and shall be a felony. Any person found
guilty of lynching in the first degree shall suffer death unless the jury
shall recommend the defendant to the mercy of the court, in which event
the defendant shall be confined at hard labor in the State Penitentiary
for a term not exceeding forty years or less than five years at the
discretion of the presiding judge.
SECTION 16-3-220. Lynching in the second degree.
Any act of violence inflicted by a mob upon the body of another person
and from which death does not result shall constitute the crime of
lynching in the second degree and shall be a felony. Any person found
guilty of lynching in the second degree shall be confined at hard labor in
the State Penitentiary for a term not exceeding twenty years nor less than
three years, at the discretion of the presiding judge.
SECTION 16-3-230. "Mob" defined.
A "mob" is defined for the purpose of this article as the assemblage of
two or more persons, without color or authority of law, for the
premeditated purpose and with the premeditated intent of committing an act
of violence upon the person of another.
Source: South Carolina Code of Laws