1741: Cuffee and Quack, “chained to a stake, and burnt to death”

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This date in 1741 marked the first official execution for the alleged New York slave conspiracy of 1741.

Nineteen days before, two slaves named Caesar and Prince had hanged, nominally for theft but believed by the populace (and the court) primary instigators of a staggering plot to put New York to the torch, murder the city’s whites, and reign as kings on the ashes of their masters’ city.

Cuffee was, alongside those already-executed Caesar and Prince, part of a trio of slaves known to hang about together at the house of barkeep and fence John Hughson. Already notorious about town for a gin-robbing incident that had seen all three publicly whipped in 1738, they had again burgled a linen store that February. (That’s the crime for which Caesar and Prince were executed.)

The evidentiary chain linking these commonplace prowlers to a spate of fires whose intent must be the annihilation of the city leaves quite a bit to be desired, but the burning spring of 1741 helped solder them together in part thanks to a white New Yorker spying Cuffee in what he thought was a suspicious position during a fire and raising the alarm. Cuffee fled, back to the home of Adolph Philipse — his owner, and also the uncle of one of the judges who would eventually condemn him — where a crowd of incited freemen chased him down and hauled him to gaol, “borne upon the People’s Shoulders.” His skulking seemed to confirm a widening suspicion, spiced by the mother country’s going war against dusky Spaniards, that the city’s Negroes must surely lurk behind a fortnight’s infernos. From this point on it appears as if New Yorkers — or at least the city’s elites — determined by consensus that they “must necessarily conclude, that [the fires] were occasioned and set on Foot by some villainous Confederacy of latent Enemies amongst us.”

Now, this appearance of consensus is an impression nearly three centuries distant, and is heavily shaped by the circumstance that there’s one predominant voice surviving the ravages of years to document for us the official proceedings: Daniel Horsmanden, who both judged and investigated the case and is thus heavily invested in its outcome. His A Journal of the Proceedings in the Detection of the Conspiracy Formed by Some White People, in Conjunction With Negro and Other Slaves, for Burning the City of New-York in America and Murdering the Inhabitants is Horsmanden’s record of how the plot or “plot” was uncovered; it was assembled in 1742 and presents trial and deposition records curated by Horsmanden with a view to persuading “such as have a Disposition to be convinc’d, and have in Reality doubted, whether any particular Convicts had Justice done them or not” — for by this time such doubts were dogging Horsmanden’s court, having hounded 30-odd people to death on evidence that was already viewed as highly impeachable.

There had been some wanton, wrong-headed Persons amongst us, who took the Liberty to arraign the Justice of the Proceedings, and set up their private Opinions in Superiority to the Court and Grand Jury; tho’ God knows (and all Men of Sense know) they could not be Judges of such Matters; but nevertheless, they declared with no small Assurance (notwithstanding what we saw with our Eyes, and heard with our Ears, and every one might have judg’d of by his Intellects, that had any) That there was no Plot at all!

Whether the entire slave conspiracy to burn New York was a phantom, or whether it did indeed reflect in whatever distorted way a some real mode of resistance, is a factual question that is permanently unanswerable.* But the cases certainly took on a witch hunt quality, and they bore many hallmarks of wrongful conviction that are familiar even today.

Our first two hangings, Caesar and Prince, were doomed by the decision of John Hughson’s teenage serving-girl to turn state’s evidence and denounce them. As Cuffee and Quack would be the first people formally tried for the arson wave, her evidence was buttressed in this case by another common prosecutor’s cheat: the prison snitch.

A (white) petty thief named Arthur Price, who was being held in New York’s dungeon along with the growing ranks of suspected terrorists, helpfully began informing on the people around him. It’s likely he was a longstanding underclass crony of the purported plotters.

At any rate, the civic-minded Price, “having been found by experience to be very adroit at pumping out the Secrets of the Conspirators … was ordered to put Cuffee (Mr. PHILIPSE’s Negro) into the same Cell with him, and to give them a Tankard of Punch now and then, in order to chear up their Spirits, and make them more sociable.” What do you know but the next morning, Price was ready to report that his inebriated cellmate had admitted the conspiracy to him, and had implicated Quack as the man who actually fired the fort.

Quack was promptly arrested. Arthur Price would give evidence against both at their trial, but having made himself an obvious stool pigeon his use as an informant was at an end since nobody would go near him any longer.

More key information against Cuffee and Quack came from two other slaves, whose “Negro evidence” — a distinct class of (significantly derogated) proof in New York courts — would also have been controversial. The crown’s attorney prosecuting the case felt obliged to go out of his way to justify to the jury the unsworn testimony of “Pagan Negroes” on the grounds that without such, “the greatest Villanies would often pass with Impunity.” But pagan or no, both Sandy (a minor) and Fortune were also men who were suspect in the plot. Perhaps as black slaves their king’s evidence could not be as strong as that of the white servant Mary Burton — but it might still be strong enough to save their lives. Sandy spent a week in the dungeon amid his alleged confederates, after which he was hauled before the grand jury and leaned upon until he cracked.

They told him, if he would speak the Truth, the Governor would pardon him, though he had been concerned in them; and this was the Time for him to save his Life by making a free and ingenuous Confession; or in Words to this Purpose. He answered, That the Time before after that the Negroes told all they knew, then the white People hanged them. The Grand Jury assured him, that it was false; for that the Negroes which confessed the Truth and made a Discovery, were certainly pardoned, and shipped off: [which was the Truth] And upon this Assurance he began to open, and gave the following Evidence.

Quack, Sandy said, had solicited Sandy to help him burn down Fort George — and Cuffee “said, D–m him, that hang him or burn him, he would set fire to the Town.” Fortune was among the numerous other names he named — whose “Design was to kill all the Gentlemen, and take their Wives, and that Quack and Cuffee were particular Persons that talked so.”

Strangely, before they suffered at the stake Cuffee and Quack were suffered to conduct a hopeless defense of their own — “indulged with the same Kind of Trial as is due to Freemen, though they might have been proceeded against in a more summary and less favourable Way,” in the crown’s summing-up. This was more than they were entitled to as slaves, and they used the court’s liberality to summon ten witnesses in an attempt to establish good character and alibi; notably, Quack’s owner John Roosevelt avowed that “Quack was employed most Part of that Morning the Fort was fired, from the Time they got up, in cutting away the Ice out of the Yard; that he was hardly ever out of their Sight all that Morning, but a small Time while they were at Breakfast; and that they could not think he could that Morning have been [from] their House so far as the Fort.” But even from a white property owner, these words were far too little against a consensus that had been shaped seemingly from the belly of the conspiracy — from Mary Burton’s evidence and Arthur Price’s evidence and Sandy’s and Fortune’s evidence: that Quack’s were the hands that set the most damaging fire in the arson campaign, and that Cuffee’s, along with Caesar’s and Prince’s, were the hands that directed him.

Their condemnation was a mere formality, albeit one whose rhetorical opportunities the court did not mean to neglect.

You both now stand convicted of one of the most horrid and detestable pieces of villainy, that ever satan instilled into the heart of human creatures to put in practice; ye, and the rest of your colour, though you are called slaves in this country; yet you are all far, very far, from the condition of other slaves in other countries; nay, your lot is superior to that of thousands of white people. You are furnished with all the necessaries of life, meat, drink, and clothing, without care, in a much better manner than you could provide for yourselves, were you at liberty; as the miserable condition of many free people here of your complexion might abundantly convince you. What then could prompt you to undertake so vile, so wicked, so monstrous, so execrable and hellish a scheme, as to murder and destroy your own masters and benefactors? nay, to destroy root and branch, all the white people of this place, and to lay the whole town in ashes.

I know not which is the more astonishing, the extreme folly, or wickedness, of so base and shocking a conspiracy; for as to any view of liberty or government you could propose to yourselves, upon the success of burning the city, robbing, butchering, and destroying the inhabitants; what could it be expected to end in, in the account of any rational and considerate person among you, but your own destruction? And as the wickedness of it, you might well have reflected, you that have sense, that there is a God above, who has always a clear view of all your actions, who sees into the utmost recesses of the heart, and knoweth all your thoughts; shall he not, do ye think, for all this bring you into judgment, at that final and great day of account, the day of judgment, when the most secret treachery will be disclosed, and laid open to the view, and everyone will be rewarded according to their deeds, and their use of that degree of reason which God Almighty has entrusted them with.

Ye that were for destroying us without mercy, ye abject wretches, the outcasts of the nations of the earth, are treated here with tenderness and humanity; and, I wish I could not say, with too great indulgence also; for you have grown wanton with excess of liberty, and your idleness has proved your ruin, having given you the opportunities of forming this villainous and detestable conspiracy; a scheme compounded of the blackest and foulest vices, treachery, blood-thirstiness, and ingratitude. But be not deceived, God Almighty only can and will proportion punishments to men’s offences; ye that have shewn no mercy here, and have been for destroying all about ye, and involving them in one general massacre and ruin, what hopes can ye have of mercy in the other world? For shall not the judge of all the earth do right? Let me in compassion advise ye then; there are but a few moments between ye and eternity; ye ought therefore seriously to lay to heart these things; earnestly and sorrowfully to bewail your monstrous and crying sins, in this your extremity; and if ye would reasonably entertain any hopes of mercy at the hands of God, ye must shew mercy here yourselves, and make what amends ye can before ye leave us, for the mischief you have already done, by preventing any more being done. Do not flatter yourselves, for the same measure which you give us here, will be measured to you again in the other world; ye must confess your whole guilt, as to the offences of which ye stand convicted, and for which ye will presently receive judgment; ye must discover the whole scene of iniquity which has been contrived in this monstrous confederacy, the chief authors and actors, and all and every the parties concerned, aiding and assisting therein, that by your means a full stop may be put to this horrible and devilish undertaking. And these are the only means left ye to shew mercy; and the only rea­sonable ground ye can go upon, to entertain any hopes of mercy at the hands of God, before whose judgment seat ye are so soon to appear.

Ye cannot be so stupid, surely, as to imagine, that when ye leave this world, when your souls put off these bodies of clay, ye shall become like the beasts that perish, that your spirits shall only vanish into the soft air and cease to be. No, your souls are immortal, they will live forever, either to be eternally happy, or eternally miserable in the other world, where you are now going.

If ye sincerely and in earnest repent you of your abominable sins, and implore the divine assistance at this critical juncture, in working out the great and momentous article of the salvation of your souls; upon your making all the amends, and giving all the satisfaction which is in each of your powers, by a full and complete discovery of the conspiracy, and of the several persons concerned in it, as I have observed to ye before, then and only upon these conditions can ye reasonably expect mercy at the hands of God Almighty for your poor, wretched and miserable souls.

Here ye must have justice, for the justice of human laws has at length overtaken ye, and we ought to be very thankful, and esteem it a most merciful and wondrous act of Providence, that your treacheries and villainies have been discovered; that your plot and contrivances, your hidden works of darkness have been brought to light, and stopped in their career; that in the same net which you have hid so privly for others your own feet are taken: that the same mischief which you have contrived for others, and have in part executed, is at length fallen upon your own pates, whereby the sentence which I am now to pronounce will be justified against ye; which is,

That you and each of you be carried from hence to the place from whence you came, and from thence to the place of execution, where you and each of you shall be chained to a stake, and burnt to death; and the lord have mercy upon your poor, wretched souls.

That sentence came down on May 29.

It was implemented the very next day, amid a mob scene.

With Quack and Cuffee staked to their pyres, they were harried to admit the plot with the promise of a reprieve from their horrible sentence. Even if mercy would only amount to moderating death by burning into death by hanging, it would be well worth having — and the frightened slaves grasped at the small succor left them.

The spectators at this execution were very numerous; about three o’clock the criminals were brought to the stake, surrounded with piles of wood ready for setting fire to, which the people were very impatient to have done, their resentment being raised to the utmost pitch against them, and no wonder. The criminals shewed great terror in their countenances, and looked as if they would gladly have discovered all they knew of this accursed scheme, could they have had any encouragement to hope for a reprieve. But as the case was, they might flatter themselves with hopes: they both seemed inclinable to make some confession; the only difficulty between them at last being, who should speak first. Mr. Moore, the deputy secretary, undertook singly to examine them both, endeavoring to persuade them to confess their guilt, and all they knew of the matter, without effect; till at length Mr. Roosevelt [Quack’s owner, who testified for his alibi -ed.] came up to him, and said he would undertake Quack, whilst Mr. Moore examined Cuffee; but before they could proceed to the purpose, each of them was obliged to flatter his respective criminal that his fellow sufferer had begun, which stratagem prevailed: Mr. Roosevelt stuck to Quack altogether, and Mr. Moore took Cuff’s confession, and sometimes also minutes of what each said; and afterwards upon drawing up their confessions in form from their minutes, they therefore intermixed what came from each.

Thus induced by prevaricating confessors amid a mob baying for their blood, both Quack and Cuffee implicated Hughson as the originator of the plot, and themselves as early principals, and named a good many others besides. (Quack also at last claimed responsibility for firing Fort George, as the court had found.)

But the quid for their quo was not the promised abatement of their sufferings. As Sandy had worried to the grand jury in a different context, white men’s reassurances to slave rebels whom they meant to destroy could prove … unreliable.

After the confessions were minuted down (which were taken in the midst of great noise and confusion) Mr. Moore desired the sheriff to delay the execution until the governor be acquainted therewith, and his pleasure known touching their reprieve; which, could it have been effected, it was thought might have been means of producing great discoveries; but from the disposition observed in the spectators, it was much to be apprehended, there would have been great difficulty, if not danger in an attempt to take the criminals back. All this was represented to his honour; and before Mr. Moore could return from him to the place of execution, he met the sheriff upon the common, who declared his opinion, that the carrying the negroes back would be impracticable; and if that was his honour’s order it could not be attempted without a strong guard, which could not be got time enough; and his honour’s directions for the reprieve being conditional and discretionary, for these reasons the execution proceeded.

* For contrasting perspectives, Peter Linebaugh and Marcus Rediker present this as a real instance of working-class rebellion in The Many-Headed Hydra, while Jill LePore’s New York Burning approaches it as mostly a concoction.

On this day..

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