I believe this argument was made in the 1920s when the Senate
filibustered the legislation: that a federal anti-lynching law would be
redundant to state murder statutes.  But prosecuting "murder at the
hands of persons unknown" under state laws was obviously a non-starter
and no doubt was so intended.  No one would be convicted as a
participant.  With no defendant on the indictment, the process was
probably seen only as a formality--the law was upheld-- although I think
it did open up the avenue for civil suits for wrongful death.  I know
such suits were successful in other southern states, but I am unaware of
any Virginia examples; perhaps someone on the list does?

David Kiracofe

David Kiracofe
History
Tidewater Community College
Chesapeake Campus
1428 Cedar Road
Chesapeake, Virginia 23322
757-822-5136
>>> James Brothers <[log in to unmask]> 06/24/07 11:32 AM >>>
An argument could be made that anti-lynching laws were, and are,  
redundant because it is generally against the law to kill someone.