Strangely, the term kangaroo court is
not Australian in origin. The term refers to an improperly constituted and
illegitimate court, especially one constituted by people who are otherwise
outside the law, prisoners, mutineers, etc. What kangaroos have to do with it
is not known for certain. There are plenty of guesses, but no strong evidence.
What we do know is that the phrase arose on the American
frontier, attested to as early as 1841 in reference to Natchez, Mississippi.
Various suggestions have been proffered, none with any solid evidence behind
them. The best is Barry Popik’s suggestion that the term may come from the Kangaroo district
of Vicksburg, Mississippi, a rather notorious section of town known for its
gambling dens and brothels that flourished in the 1820s and early 1830s. The
name Kangaroo comes
from the name of brothel in that district. Popik’s explanation fits the time
and place, but to date no specific links between kangaroo
court and
this district have been found. Until someone finds a connection between the
Vicksburg district and some account of mock or impromptu justice, Popik’s
explanation must remain tentative.
Other suggestions include that such courts defy the law, just
as strange creatures, like the kangaroo, seem to defy the laws of nature, or
that the name comes from speed by which one jumps from the courtroom into prison.
A third hypothesis that is frequently proffered is that it comes from informal
prosecutions of claim jumpers during the California gold rush. The lexical
evidence indicates that the phrase did not originate in Australia, so any
actual connection with the land down under is incorrect.
Such courts were also known as mustang or mestang
courts, in reference to a wild and uncontrollable horse. Not as exotic as a
kangaroo, but a wild animal nonetheless.
The first known use of kangaroo court is
from the 24 August 1841 New Orleans Daily Picayune (2):
The Concordia Intelligencer says “several loafers were
lynched in Natchez last week upon various charges instituted by the Kangaroo
court. The times grow warm; we can see another storm coming, not unlike that
which prevailed in the days of the Murrel excitement. In Natchez, as in New
Orleans, they are driving away all of the free negroes.” What is a Kangaroo
court, neighbor?
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