Dyer Anti-Lynching Bill
Encyclopedia
The Dyer Anti-Lynching Bill, introduced by Representative Leonidas C. Dyer, a Republican
from Saint Louis, Missouri, in the US House of Representatives in 1918, was directed at punishing lynching
s and mob violence.
Lynchings were committed mostly by whites against blacks (88% of victims were black) in the South
(59% of lynchings.) They first peaked in the years immediately following the Civil War
, falling off sharply with the dissolution of the first Ku Klux Klan
. They reached a second peak in the 1890s and continued at relatively high levels for decades after, in what is often called the nadir of American race relations
, a period marked by discrimination across the country.
s over competition for work and punishment for strikebreakers. Representing a majority African-American district, Dyer was outraged by the violence and disregard for law in such riots. Social changes resulting from a rapid rise in European immigration
and the internal Great Migration
of blacks from the South
to major northern and midwestern cities contributed to violent confrontations, especially in the postwar summer of 1919.
Dyer was also concerned about the continued high rate of lynchings in the South and the failure of local and state authorities to prosecute them. The lynchings were Southern whites' extrajudicial efforts to maintain social control and white supremacy
, after gaining disfranchisement
of most blacks through discriminatory voter registration and electoral rules, and imposing segregation
, and Jim Crow laws on the black population in the late 19th and early 20th century. Maintaining white supremacy in economic affairs played a part as well.
Republican President Warren G. Harding
announced his support for Dyer's bill during a speaking engagement in Birmingham, Alabama
. Although the bill passed the House of Representatives
in 1922, 1923 and once more in the Senate
due to filibuster
s by the white Southern Democratic
block. The Democrats exerted one-party rule into the 1960s throughout most of the South.
The bill classified lynching as a federal felony
, which would have allowed the United States to prosecute cases. States and local authorities had seldom pursued prosecution in lynchings. The bill prescribed punishments for perpetrators, specifically:
of Louisiana and George Allen
of Virginia, together with 78 others, the US Senate formally apologized for its failure to enact this and other anti-lynching bills "when action was most needed." From 1882-1968, "...nearly 200 anti-lynching bills were introduced in Congress, and three passed the House. Seven presidents between 1890 and 1952 petitioned Congress to pass a federal law." None was approved by the Senate because of the powerful opposition of the Southern Democratic voting bloc.
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
from Saint Louis, Missouri, in the US House of Representatives in 1918, was directed at punishing lynching
Lynching
Lynching is an extrajudicial execution carried out by a mob, often by hanging, but also by burning at the stake or shooting, in order to punish an alleged transgressor, or to intimidate, control, or otherwise manipulate a population of people. It is related to other means of social control that...
s and mob violence.
Lynchings were committed mostly by whites against blacks (88% of victims were black) in the South
Southern United States
The Southern United States—commonly referred to as the American South, Dixie, or simply the South—constitutes a large distinctive area in the southeastern and south-central United States...
(59% of lynchings.) They first peaked in the years immediately following the Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
, falling off sharply with the dissolution of the first Ku Klux Klan
Ku Klux Klan
Ku Klux Klan, often abbreviated KKK and informally known as the Klan, is the name of three distinct past and present far-right organizations in the United States, which have advocated extremist reactionary currents such as white supremacy, white nationalism, and anti-immigration, historically...
. They reached a second peak in the 1890s and continued at relatively high levels for decades after, in what is often called the nadir of American race relations
Nadir of American race relations
The "nadir of American race relations" is a term that refers to the period in United States history from the end of Reconstruction through the early 20th century, when racism in the country is deemed to have been worse than in any other period after the American Civil War. During this period,...
, a period marked by discrimination across the country.
Background
In 1917, white ethnic mobs had attacked blacks in Saint Louis and East St. Louis race riotRace riot
A race riot or racial riot is an outbreak of violent civil disorder in which race is a key factor. A phenomenon frequently confused with the concept of 'race riot' is sectarian violence, which involves public mass violence or conflict over non-racial factors.-United States:The term had entered the...
s over competition for work and punishment for strikebreakers. Representing a majority African-American district, Dyer was outraged by the violence and disregard for law in such riots. Social changes resulting from a rapid rise in European immigration
Immigration
Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...
and the internal Great Migration
Great Migration (African American)
The Great Migration was the movement of 6 million blacks out of the Southern United States to the Northeast, Midwest, and West from 1910 to 1970. Some historians differentiate between a Great Migration , numbering about 1.6 million migrants, and a Second Great Migration , in which 5 million or more...
of blacks from the South
Southern United States
The Southern United States—commonly referred to as the American South, Dixie, or simply the South—constitutes a large distinctive area in the southeastern and south-central United States...
to major northern and midwestern cities contributed to violent confrontations, especially in the postwar summer of 1919.
Dyer was also concerned about the continued high rate of lynchings in the South and the failure of local and state authorities to prosecute them. The lynchings were Southern whites' extrajudicial efforts to maintain social control and white supremacy
White supremacy
White supremacy is the belief, and promotion of the belief, that white people are superior to people of other racial backgrounds. The term is sometimes used specifically to describe a political ideology that advocates the social and political dominance by whites.White supremacy, as with racial...
, after gaining disfranchisement
Disfranchisement
Disfranchisement is the revocation of the right of suffrage of a person or group of people, or rendering a person's vote less effective, or ineffective...
of most blacks through discriminatory voter registration and electoral rules, and imposing segregation
Racial segregation
Racial segregation is the separation of humans into racial groups in daily life. It may apply to activities such as eating in a restaurant, drinking from a water fountain, using a public toilet, attending school, going to the movies, or in the rental or purchase of a home...
, and Jim Crow laws on the black population in the late 19th and early 20th century. Maintaining white supremacy in economic affairs played a part as well.
Republican President Warren G. Harding
Warren G. Harding
Warren Gamaliel Harding was the 29th President of the United States . A Republican from Ohio, Harding was an influential self-made newspaper publisher. He served in the Ohio Senate , as the 28th Lieutenant Governor of Ohio and as a U.S. Senator...
announced his support for Dyer's bill during a speaking engagement in Birmingham, Alabama
Birmingham, Alabama
Birmingham is the largest city in Alabama. The city is the county seat of Jefferson County. According to the 2010 United States Census, Birmingham had a population of 212,237. The Birmingham-Hoover Metropolitan Area, in estimate by the U.S...
. Although the bill passed the House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
in 1922, 1923 and once more in the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
due to filibuster
Filibuster
A filibuster is a type of parliamentary procedure. Specifically, it is the right of an individual to extend debate, allowing a lone member to delay or entirely prevent a vote on a given proposal...
s by the white Southern Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
block. The Democrats exerted one-party rule into the 1960s throughout most of the South.
The bill classified lynching as a federal felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
, which would have allowed the United States to prosecute cases. States and local authorities had seldom pursued prosecution in lynchings. The bill prescribed punishments for perpetrators, specifically:
- (a) A maximum of 5 years in prison, $5000 fine, or both, for any state or city official who had the power to protect a person in his jurisdictionJurisdictionJurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
but failed to do so or who had the power to prosecute those responsible and failed to do so. - (b) A minimum of 5 years in prison for anyone who participated in a lynching, whether they were an ordinary citizen or the official responsible for keeping the victim safe.
- (c) $10,000 fine to be paid by the county in which the lynching took place, to be turned over to the victim’s family. If the victim was seized in one county and killed in another, both counties were to be fined.
21st century apology
On June 13, 2005, in a resolution sponsored by senators Mary LandrieuMary Landrieu
Mary Loretta Landrieu is the senior United States Senator from the State of Louisiana and a member of the Democratic Party.Born in Arlington, Virginia, Landrieu was raised in New Orleans, Louisiana...
of Louisiana and George Allen
George Allen (U.S. politician)
George Felix Allen is a former United States Senator from the Commonwealth of Virginia, and the son of former NFL head coach George Allen. Allen served Virginia in the state legislature, as the 67th Governor, and in both bodies of the U.S. Congress, winning election to the Senate in 2000...
of Virginia, together with 78 others, the US Senate formally apologized for its failure to enact this and other anti-lynching bills "when action was most needed." From 1882-1968, "...nearly 200 anti-lynching bills were introduced in Congress, and three passed the House. Seven presidents between 1890 and 1952 petitioned Congress to pass a federal law." None was approved by the Senate because of the powerful opposition of the Southern Democratic voting bloc.