1916: Trooper Alexander Butler 1741: Will, Ward’s Negro

1741: Prince, Tony, Cato, Harry and York

July 3rd, 2016 Headsman

On this date in 1741, according to Daniel Horsmanden’s relentless chronicle of his pursuit of the great New York slave conspiracy “Duane’s Prince, Latham’s Tony, Shurmur’s Cato, Kip’s Harry, and Marshalk’s York, negroes, were executed at the gallows, according to sentence; and the body of York was afterwards hung in chains, upon the same gibbet with John Hughson.”

Seventeen days have here elapsed since the most recent executions, but despite the lull in corpses New York’s high court has not rested its guard.

Those seventeen days consume 43 pages of Horsmanden’s journal. Roughly half of that space consists of confessions or “confessions”: it was by now obvious that this was the path to safety, and the colonial governor confirmed same by publishing on June 19th an amnesty “offer[ing] and promis[ing] His Majesty’s most gracious Pardon to any every Person and Persons, whether White People, free Negroes, Slaves, or others, who had been or were concerned in the said Conspiracy, who should on or before the first Day of July then next, voluntarily, freely and fully discover, and Confession make, of his, her or their Confederates, Accomplices, or others concerned in the said Conspiracy”

And so Horsmanden’s document grows heavy with lifesaving auto-denunciations. For late June and the first days of July alone we read

Confession of Mink, Negro of John Groesbeck, Before the Grand Jury.

The Confession of Tom, Ben. Moore’s Negro, Before the Grand Jury.

Confession of Wan, Indian Man of Mr. Lowe, Before the Grand Jury.

Confession of York, Negro of Marschalk’s.

Confession of London, Negro of Marschalk’s.

Confession of Pompey, Negro.(Mr. Peter De Lancey’s.) Before One of the Judges.

Confession of Caesar (Alderman Pintard’s) Negro, Before One of the Judges.

Confession of Cato, Col. MOORE’s Negro, Before One of the Judges.

Confessions of several Negroes, Before one of the Judges.

Confession of Starling, Mr. S. Lawrence’s Negro, Before one of the Judges.

The Confession of Quack, WALTER’s Negro. By an unknown Hand.

Confession of Dundee (TODD’s) Negro. Taken by a Private Hand.

Confession of London, (Mr. French’s) Negro, Taken before his Master by a private Hand.

Confession of Jack, (J. Tiebout’s) Negro, Before Alderman BANCKER.

Confession of London, a Spanish Indian (Wynkoop’s) Before one of the Judges.

Confession of Brash, Mr. PETER JAY’s Negro, Taken before one of the Judges.

Confession of Tom, (SOUMAIN’s) By a private Hand.
Examination & Confession of Jack, Mr. Murray’s Negro, Before one of the Judges.

Examination and Confession of Adam, Negro of JOSEPH MURRAY Esq;. Taken before one of the Judges.

Confession of Harry, KIP’s Negro, under Conviction. Before one of the Judges.

Confession of Cato, Mr. Shurmur’s Negro, under Conviction. Before one of the Judges.

Confessions taken this Day by Mr. Nicholls and Mr. Lodge, of the Fifteen following Negroes.

Confessions of the four following Negroes taken by Mr. George Joseph Moore.

Confession of Emanuel, a Spanish Negro, belonging to Thomas Wendover. Taken by a private Hand.

Confession of Cajoe, alias Africa, (GOMEZ’s) By a private Hand.

Confession of Tom, Mr. R. LIVINGSTON’s Negro: Before one of the Judges.

Confession of Pedro (DE PEYSTER’s Negro.) By John Schultz.

Confession of Jeffery (Capt. Brown’s) and Mars (Benson’s) Negroes: Before the Grand Jury.

Confession of Scotland, Mr. MARSTON’s Negro, Before one of the Judges.

Confession of Braveboy (Mrs. KIERSTEDE’s) Before one of the Judges.

Confession of Windsor (Samuel Myers Cohen’s Negro) Taken by John Schultz.

The Confessions of the seven Negroes following, taken by Mr. Nicholls and Mr. Lodge.

Minutes of Othello’s Examination & Confession, Taken before one of the Judges the 29th & 30th June.

Confession of Sam, Negro of Col. FREDERICK CORTLANDT, Before one of the Judges.

The eight following Negro Confessions were taken this Day by Mr. Nicholls and Mr. Lodge.

As each in turn named his names, the city hall’s cellar gaol grew overcrowded with plotters, some hundred or more in total as June ended. “Between the 19th and this day,” Horsmanden remarked in his June 27th entry, “there were upwards of Thirty Slaves more added to [the dungeon], insomuch that the Jail began to be so thronged, ’twas difficult to find Room for them.”

[W]e were apprehensive, that the Criminals would be daily multiplying on our Hands; nor could we see any Likelihood of a Stop to Impeachments; for it seemed very probable that most of the Negroes in Town were corrupted.

The Season began to grow warm, as usual; and … ’twas feared such Numbers of them closely confined together, might breed an Infection.

The spiraling investigation was not only a risk to public health: slaves were valuable property, too valuable to put to the torch without excellent cause. In New York Burning, Jill Lepore estimates that New York had perhaps 450 or so adult black men at this point, and about 200 of them were at some point implicated in the sedition. Horsmanden wasn’t kidding when he fretted “most of the Negroes in Town.”

Facing a potential bloodbath of truly horrifying expense, New York at this point began to pull back — it’s cold comfort to those still doomed like today’s quintet, but today’s mass hanging puts the affair onto the downslope.

On July 1 the colony’s chief justice, James De Lancey, returned from a mission mediating a Massachusetts-Rhode Island boundary dispute that had kept him away from New York for several months.

During De Lancey’s absence the entire progress of the arson scare and its subsequent investigations had unfolded. It had been spearheaded by a junior justice,* our correspondent Daniel Horsmanden.

Horsmanden compiled his The New York Conspiracy, or the History of the Negro Plot in 1742, and was keen to vindicate himself in an event that had obviously become controversial to his contemporaries — so Horsmanden’s account tends to efface the personal role of Horsmanden himself in preference to the institutional authority of the court as a whole.

Nevertheless, to a very great extent the judicial proceedings that turned New York upside-down in 1741 were Horsmanden’s own baby. He’s the chief investigator and interrogator; the confessions above taken “before one of the judges” were taken before Horsmanden. Others he won indirectly (“JOHN SCHULTZ made Oath, That whereas by the Judge’s Orders he took a Confession in Writing from the Mouth of Pedro …”) or secured for open court as a consequence of his private interrogations. A few times he even refers in the third person to actions of the “City Recorder”, which was a municipal office that Horsmanden himself also held.

Not incidentally, Horsmanden was also a man on the make: an arriviste English gentleman induced to try his fortune in the New World after meeting ruin in the South Sea Bubble. De Lancey, by contrast, was fruit of New York’s wealthiest family and an experienced hand in colonial politics. He’s too smooth to have given us a paper trail, but the space between the lines suggests that De Lancey may have returned to bring Horsmanden’s ship into the shore.

On July 2, the chief justice sat in court for the first time in this affair, ordering “Will, WARD’s Negro” to burn without wasting time on a trial. Indeed, although our series is not yet at its end, the negro plot trials are virtually finished once De Lancey returns; his court thereafter opens its daily proceedings only to adjourn, or to collect the pro forma guilty pleas and submissions to mercy of fresh batches of slaves — few of whom are now suffered to submit new confessions that would inevitably denounce new victims. The De Lancey court’s chief business becomes throttling down, emptying its docket, and arranging its inconvenient and unsanitary legion of basement prisoners for release or penal transportation.

But there were still loose ends to tie off, and the credibility of the court could scarcely admit abrupt reversals of what had already transpired.

Despite the amnesty, York (Marschalk’s),** Harry (Kip’s) and Cato (Shurmur’s) all happened to be convicted on the 19th. Discovering hours too late that the governor had extended his reprieve offer that very day, they immediately tried to clamber into safe harbor by admitting what they had already been condemned for — “THAT what was said against him at the Trial Yesterday, was true” — “That all that the Witnesses testified against him in Court on his Trial was true” — “THAT all the Witnesses who spoke against him at his Trial, spoke the Truth.” But that wasn’t good enough to save them, since their confessions post-conviction were not free and voluntary discoveries.

Tony and Prince, who shared their gallows but with whom this author would better share a foxhole, were proud and steely enough to venture a trial on June 26th in the midst of the amnesty window. It was a potential mass trial save that 12 other co-defendants opted out of simply by submitting confessions. Our two holdouts faced a cavalcade of slave accusations supplemented by the white arch-accuser Mary Burton and “asked the Witnesses no material Questions; upon their Defence, they only denied what had been testified against them.” New York executed these courageous men, of course.

According to Peter Zenger’s Weekly Journal (July 6, 1741), none of those executed on June 3 “acknowledg’d any Guilt; but by their Prevarications their Guilt appear’d too plain than to be deny’d” — a fine barometer of the prevailing climate — and one (unspecified) slave survived his execution and “after he had hang [sic] the common Time, or rather longer, when he was cut down, shew’d Symptoms of Life, on which he was tied up again.”

* Horsmanden was actually 12 years older than De Lancey, but outranked by De Lancey in stature and precedence.

** Another of Marschalk’s slaves named London was convicted along with York, Harry, and Cato — and subsequently confessed under exactly the same circumstances as his three hanged mates. It is unclear from Horsmanden’s record why London was spared but York was not merely hanged but gibbeted; one wonders whether the double financial hit to Mr. Marschalk might not have been the consideration — and if so, whether the master had to make an off-the-record Sophie’s choice between his men. Whatever the case, London was among a large number of slaves recommended on July 4 for transportation which had the effect of ridding New York of their seditious presence while also allowing their owners to recoup their sale value.

On this day..

Entry Filed under: 18th Century,Arson,Botched Executions,Capital Punishment,Death Penalty,Disfavored Minorities,England,Execution,Gibbeted,Hanged,History,Mass Executions,New York,Occupation and Colonialism,Power,Public Executions,Racial and Ethnic Minorities,Slaves,Terrorists,Treason,USA

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