As of today, and as a few blogs are reporting, Texas Senator John Cornyn is one of 12 Senators who won't sign a Senate resolution condemning the use of lynching way back when. John Kerry eloquently said that it says something when you don't have 100 Senators signing it. Ahh but of course. And naturally most if not all are white Southern Republicans.
Putting aside the sensitivity of the issue... Why would the Senate even need to ban lynching? Lynching is murder; was murder legal back then, even the murder of "colored" people? I can't help but see this as an empty rhetorical gesture.
I think perhaps such an apology should come from the legislatures in states where lynchings took place as a result of lax law enforcement. Murder isn't a federal offense, be it lynching or gay-bashing, or any other kind of hate-motivated homicide.
Now, having said that, there are of course times where federal intervention is necessary—school integration and slave emancipation jump immediately to mind.
-Scott