Neither the empire nor its ward greeted this absentee-landlord arrangement with enthusiasm.
The city of Brussels at this point* was governed by the “nine nations”, nine craft guild consortiums wielding privileges dating to the medieval economy who together dominated the city. Defending these privileges against absolutist states intent on rolling them back was a major bone of contention in Brussels, even years before the Austrian handover.
Just what the ancient rights of the guilds embraced had long been contested with the Spanish crown, and apparently the Brussels town council kept the charters enumerating a very expansive grant of them locked up — until they were accidentally revealed thanks to a bombing in the Nine Years’ War, then published widely.
So did the guilds get these rights or no?
Anneessens in 1698-99 argued the nations’ case before the equally ancient Council of Brabant, and lost: Spanish Austria was suffered to curtail the Brussels guilds, and although the guilds provocatively refused to swear their customary oath to the new arrangement the Spanish were able to squelch the ensuing disturbances by 1700.
The tensions rested, unresolved, through the war years but come 1717 they resurfaced when the Austrian-import governor the Marquis of Prie demanded fresh oaths upon the hamstrung guild privileges, and new taxes to boot. Again the guilds refused — not only in Brussels but Ghent, Antwerp and Mechlin.
Prie only quelled this half-revolt in 1719 but when he did,
he took drastic measures. Five leaders, including Anneessens, were arrested. They were all locked inside the Stone Gate, and a scandalous trial followed, during which Prie did everything he could to get Anneessens, whom he viewed as the brains behind the resistance, convicted. Anneessens received a death sentence, which he proudly refused to sign, and was beheaded on 18 September 1719 [sic**]. After the execution the people of Brussels mourned and collected his blood as relics, and priests in some of the churches held requiems in spite of strenuous attempts by Prie, supported by the higher clergy (the Archbishop of Mechlin) to prevent this. Prie had wanted to “make an example” with this execution and in fact succeeded, despite the sympathy of the people of Brussels for their martyr. (Hetty Wertheim-Gijse Weenink, “Early 18th Century Uprisings in the Low Countries: Prelude to the Democratic Revolution,” History Workshop, spring 1983)
* The guild-nation governance system would persist until Belgium was occupied by France after the French Revolution.
** Literally every other source I found, including the inscription on the Anneessens monument, prefers September 19 for the man’s execution.
Zum Kampf! Zum Kampf! from Max Bruch‘s 1877 oratorio about Teutoburg Forest victor Arminius. Also be sure to check out the Handel opera.
September 11 in the year 9 AD marked the bloody conclusion of the Battle of Teutoburg Forest — the engagement that permanently scared the Romans off Germany.
One of history’s true turning-point battles, Teutoberg Forest abruptly stanched decades of expansion that had seen Roman arms ascendant from Britain to the Levant. Indeed, the Roman commander who had the dishonor of falling on his sword at this legendary defeat, Publius Quinctilius Varus, was an experienced imperial patrician as well-traveled as the Roman standards who has been seen in these very pages collaborating with the Judean King Herod to execute Herod’s former heir.
But it was in the shadows and bogs of Germany’s primeval forests that Varus made his legacy to the world, which was to have his name famously bemoaned by facepalming Emperor Augustus once news of the disaster made its way back to the Eternal City.
Prior to this cataclysm, the empire had been working a years-long plan to annex fringe chunks of the vast Magna Germania beyond the Rhine and Danube rivers with its customary view towards eventually bossing the whole place. “Upper Germania” and “Lower Germania” to the west of Magna Germania already answered to Rome, testament to recent campaigns launched from neighboring Gaul;* the vast frontier beyond peopled by fractious warring barbarian tribes, with whom Rome cut strategic divide-and-conquer alliances, appeared to promise a future march of Roman glories all the way to the Baltic Sea.
This imperial hubris was shattered at a blow by the Cheruscan chief Arminius, who thereby made his name immortal to Germany.**
He had the element of surprise on his side, because his family had been such loyal Roman allies that Arminius had been trained up in the Roman army as a youth, and even held Roman citizenship. Whatever it was he experienced seems to have nurtured an implacable desire him to keep it away form his homeland. When the time came his familiarity with Roman military orders would be a high card in his hand, too.
Back in Germania, Arminius maintained his overt affiliation with Rome but started sending out feelers to assemble a confederation against the legions. He played this double game so adroitly that Varus still trusted his “ally” implicitly when Arminius reported a Germanic uprising that wanted Roman chastisement. Blind to his danger, Varus duly (and with casual discipline that would read very culpably in retrospect) marched his 17th, 18th, and 19th legions out through the unfamiliar glooms of the Teutoburg Forest.
It was a right massacre.
Their column broken up by rough terrain and pounding autumn rains, the Romans were ripe pickings for German sorties beginning on September 9. Harried by the Germans over two days’ panicked marching, the Romans were pressed into a dead end where palisades trapped the desperate legions at the edge of a slough and put them to slaughter. A bare handful escaped to tell the tale, and no future legion would bear the numerals of those annihilated on this day.
Varusschlacht, by Otto Albert Koch (1909).
The scale of the defeat, by rude tribesmen the empire always counted on being able to bully, beggared the Roman imagination.
“An army unexcelled in bravery, the first of Roman armies in discipline, in energy, and in experience in the field, through the negligence of its general, the perfidy of the enemy, and the unkindness of fortune was surrounded,” Paterculus lamented. “Hemmed in by forests and marshes and ambuscades, it was exterminated almost to a man by the very enemy whom it had always slaughtered like cattle, whose life or death had depended solely upon the wrath or the pity of the Romans.”
To judge by Roman reports — and what gives this event a purchase on the annals of Executed Today — the battlefield rout transitioned directly to the ceremonial butchery of captives. (As well as the posthumous beheading of the suicide Varus.) While some suffered torture and execution, others were offered as ritual sacrifices to the Germanic gods who had so magnificently delivered the day.
Several years later, a Roman force out to re-capture the lost standards of the Teutoburg legions reached the site of the empire’s humiliation. Tacitus describes the scene as a horror.
In the center of the field were the whitening bones of men, as they had fled, or stood their ground, strewn everywhere or piled in heaps. Near lay fragments of weapons and limbs of horses, and also human heads, prominently nailed to trunks of trees. In the adjacent groves were the barbarous altars, on which they had immolated tribunes and first-rank centurions.
Some survivors of the disaster who had escaped from the battle or from captivity, described how this was the spot where the officers fell, how yonder the eagles were captured, where Varus was pierced by his first wound, where too by the stroke of his own ill-starred hand he found for himself death. They pointed out too the raised ground from which Arminius had harangued his army, the number of gibbets for the captives, the pits for the living, and how in his exultation he insulted the standards and eagles.
And so the Roman army now on the spot, six years after the disaster, in grief and anger, began to bury the bones of the three legions, not a soldier knowing whether he was interring the relics of a relative or a stranger, but looking on all as kinsfolk and of their own blood, while their wrath rose higher than ever against the foe.
Despite the devastation, Teutoburg Forest was no extinction-level event for the Roman Empire. The Rhine and Danube frontiers remained an ongoing source of action for the many centuries to come, but despite raids and incursions here or there Rome never more seriously aspired to Magna Germania.
A few books about the Battle of Teutoburg Forest
* The future emperor Tiberius campaigned heavily in Germania, the last of which was post-Varus operations from 10 to 12 AD sufficient to permit the Romans to declare an honorably victorious conclusion to the project. (Tiberius celebrated a Triumph afterwards.)
** Arminius — whose name has been held equivalent with “Hermann” — has been the subject of many literary celebratins in a nationalist vein, great business especially in the 19th century.
In Philadelphia this date in 1778, “Lyons, Ford and Wilson, late Lieutenants, and John Lawrence, late gunner, in the navy of this State, were taken from the gaol to one of the gallies lying off Market Street wharf, where the two former were shot agreeable to their sentence, but the two latter reprieved.” (Pennsylvania Evening Post, September 2, 1778)
Samuel Lyons, Samuel Ford, John Wilson and John Lawrence all served on various of the American “row galley” fleet that gave the American revolutionaries at least some seaborne presence in their fight against the world’s preeminent naval power.
The four, executed and pardoned alike, had deserted the American garrison when that preeminent power put Fort Mifflin in the Delaware River under siege the previous autumn. (There’s a very detailed account of this operation here; the British eventually captured the fort from its badly outnumbered defenders.)
While desertion between the antagonists was a common phenomenon in the American Revolution, this made for an especially bad look a year later once the British abandoned Philadelphia to the aggressively triumphalist Patriots.
Even so, the last-minute clemencies alongside the actual shootings were also very much a part of the Continental Army’s delicate enforcement of discipline, in an environment where it feared that being either too lenient or too harsh could fatally undermine the tenuous morale of the rank and file. Every enforcement was considered in the light of its public impression.
“The number of spectators was very great,” our short report in the Evening Post concluded. “And it is hoped the melancholy scene will have a proper effect upon the profligate and thoughtless, who do not seriously consider that the crime of desertion is attended with the dreadful consequences of wilful perjury.”
This morning, Iraq hanged 36 men in Nasiriyah prison for a 2014 sectarian massacre perpetrated by the emerging Islamic State (ISIS or ISIL).
After months’ gestation in the Syrian civil war, the Sunni ISIS in June 2014 burst out of its enclaves and in the course of a few jeep-racing weeks gobbled upper Mesopotamia. It publicly declared its border-straddling conquests the Caliphate on June 29, 2014.
Iraq’s army mostly melted away ahead of the onrushing threat that summer, abandoning weapons and fleeing while ISIS overran Mosul on June 10, then advanced another 200 km to snatch Saddam Hussein‘s birthplace of Tikrit the very next day.
On June 12, ISIS fighters proceeded out of Tikrit to the adjacent air academy Camp Speicher.* There they abducted only the Shia cadets, including about 400 from southern Iraq’s Shia Dhiqar province, and mass-executed an estimated 1,600 — atrocities they took pains to document in a nauseating propaganda video showing dazed and pleading youths trucked to a forlorn ditch where they are laid flat and fusilladed by the dozen, while others are shot from a gore-soaked pier into the Tigris. (The video is available here.)
“The executions of 36 convicted over the Speicher crime were carried out this morning in Nasiriyah prison. The governor of Dhiqar, Yahya al-Nasseri, and the justice minister, Haidar al-Zamili, were present to oversee the executions,” according to an Iraqi spokesman a few hours ago.
August 16 is a day of reverence in France for the execution on that date in 1944 — just days ahead of the allied liberation of Paris — of 35 young Francs Tireurs partisans.
In a dastardly operation, a French collaborator known as “Jacques” — actually Guy Glebe d’Eu, who was himself executed after the war — who had insinuated himself into resistance networks lured the youths, all aged about 18 to 22, to a purported weapons-smuggling operation. They were unarmed when they arrived, but the Gestapo was not.
This date in 1741 saw the hanging of Juan de la Silva for the slave plot to torch New York.
This second-last execution in that bloody affair takes us to a side plot we have not yet explored in our running series: the “Spanish Negroes”.
New York in 1741 was a distant outpost of the British empire, which itself had seized the colony from the Dutch not eighty years before. The ongoing Atlantic war that Britain was then fighting against Spain and France, winsomely christened the War of Jenkins’ Ear, was serious and frightening business out on the fringe of the wilderness.
The prospect of slave rebels doubling as a fifth column surely helped to stoke the coals under the stakes in 1741. When the Irish soldier William Kane was forced by the threat of execution into giving obviously specious testimony about the plot, he reported that the conspirators’ “design was to wait for the French and Spaniards, whom they expected; and if they did not come in six Weeks, then they were to try what they could do for themselves.” In fact, Spain had even published an offer of “Freedom to all Negroes, and other slaves, that shall Desert from the English Colonies.”
And it just so happened that there were men in New York at that very moment whose own persons straddled the threats within and without.
The previous year, a New York privateer named John Lush had gone adventuring in the Caribbean and returned home with two Spanish prize ships, the Nuestra Senora de la Vittoria and the Solidad … along with about 100 Spanish prisoners.
Among them were 19 dark-skinned men whom Lush described as Negroes or mulattoes and auctioned accordingly. The slaves or “slaves” protested in vain that they were free Spanish subjects, but having no evidence they could produce to that effect they were sold off to various households around the city, and obviously nonplussed about it.
On April 6, 1741, no fewer than four New York homes caught fire, and one of them was the next-door neighbor to one of those Spanish Negroes — to our man, in fact, Juan de la Silva. Someone put two and two together and by evening a cry “Take up the Spanish Negroes!” echoed around Manhattan. A mob descended on de la Silva and hauled him to jail, along with a number of other Lush imports.
Accusations against these Spanish Negroes have more than the usual ration of absurdity, and not only because of the language gap with the witnesses who “overheard” them. At one point, nine of them were brought in turn before two of the major crown witnesses, the slaves Sarah and Sandy, who variously described each as present or not present at the committee meetings; in only three instances did Sarah and Sandy produce the same answer about a Spaniard. They’d have done better flipping pieces of eight.
Investigation of the “Spanish Plot” angle would ultimately zero in on six of these prisoners-made-slaves.
One luckless fellow, named Francis, was tried among an early batch of (non-Spanish) slaves and wound up burned at the stake on June 12, an undercard attraction that day to the hanging of the supposed arch-villains John and Sarah Hughson. Francis spoke little English but this did not inhibit the Hughsons’ monolingual serving-girl Mary Burton from impeaching him: in Daniel Horsmanden‘s account, she tells the court that “She saw [Francis] often at the Meetings at Hughson’s when they were talking of burning the Town and killing the People; and he seemed to be consenting; he spoke a little English, and some other Language she did not understand.”
The very next day after Francis burned, the main body of “Spanish Negroes, lately imported into this City as Prize Slaves, were put to the Bar; and arraigned upon an Indictment for the Conspiracy.”
Though strangers in an enemy kingdom, Juan de la Silva, Pablo Ventura Angel, Augustine Gutierrez, Antonio de la Cruz and Antonio de St. Bendito would fight their corner as ably as any who came before New York’s courts in that terrible year, and four of the five apparently lived to tell the tale.
Brought to trial on June 15, they ferociously renewed their protest against their enslavement. Horsmanden, who was both junior judge and senior investigator in this matter, noticed what a savvy approach this was. The bulk of evidence was slave testimony, and by the court’s rules slaves could only testify against other slaves. Getting themselves ruled free would be the colonial equivalent of having the DNA evidence suppressed.
They complained (as ’tis supposed, they were advised) that they had great Injustice done them by being sold here as Slaves; for that, as they pretended, they were Freemen in their own Country, and gave in their several Sir-names.
The Indictment was grounded upon an Act of Assembly which enumerated several Offences; and Conspiracies amongst the rest; and made one Slave Evidence against another; so that this Fetch might probably be calculated to take off the Negro Evidence: The Prisoners all protested they could not speak English; and as Mary Burton was the only white Evidence against them, and should it be credited that they could speak only in a Tongue which she did not understand, how could she tell what passed between them in Conversation at Hughson’s? Thus their Advisers might think they would stand the best Chance for the Jury to acquit them.
This was indeed an awkward argument. New York’s Supreme Court took a two-day adjournment to mull how to counter the gambit.
Its solution was quite bizarre. In a single trial, with a single jury, it would try the five men on two different indictments for the same crime: one indictment charged them as slaves; the other, as free men. Even their names varied with their station: from “Juan, Sarly’s” the slave locution indicating Juan’s owner, into the more dignified “Juan de la Sylva”.
This did allow the jurors to hear all the Negro evidence, from the several slaves who (like the Irishman Kane) were made to name whatever names the prosecutors demanded as the price of escaping a gallows of their own — plus, of course, Mary Burton, that ubiquitous accuser who said her late master had informed her that the Spanish Negroes “would burn Lush’s House, and tie Lush to a Beam, and roast him like a Piece of Beef.”
Still, the Spaniards mounted a resourceful defense.
They summoned no fewer than twelve witnesses, all white men and women; each also had his New York owner speak in defense. Four of those owners positively insisted that after a brutal winter their man had been confined at home with an ailment of some kind at the time he was alleged to be out making revolution. The fifth, Juan de la Silva’s master Jacob Sarly, could not posit an ailment but noted that Juan was not permitted out of the house at night and that Juan himself had discovered one of the fires and faithfully called the alarm to Salary’s wife. Sarly even acknowledged “that he heard that his Negro was free.”
Through an interpreter, each man also spoke in his own defense, generally insisting that they were not slaves and had not kept slaves’ company in New York.
The jury convicted them all just the same — “in about half an Hour,” as Horsmanden recalls it.
And then … something happened.
The Spanish Negroes all but disappear from the record for two months, months when New York conducted numerous additional executions but seemingly did not lay a hand on these condemned foreigners. What was afoot?
Two weeks after their conviction — during which time an offer of executive amnesty came and went — we catch sight of them again when they are brought out of the city dungeon for sentencing. The court’s translator was instructed to advise them to this effect:
1st. THAT they were taken with some Spaniards by an English Privateer; were brought into this Port, and condemned as lawful Prize, being suppos’d to be Slaves belonging to the Subjects of the King of Spain; and Nothing appear’d to the Court of Admiralty (which is the Court, to which Jurisdiction concerning Things of this Nature does properly belong) to shew that they were Freemen; and they having made no Pretence or Claim in that Court to be such, they were therefore adjudg’d to be Slaves.
2dly. That the Court of Admiralty having so adjudg’d them to be Slaves, they had been severally sold and disposed of; by which means they were discharged from Confinement in Prison; and thereby have had the Opportunity of caballing with other wicked, mischievous and evil disposed Persons, as well White-Men as Slaves, and have confederated themselves with them, in a most diabolical Conspiracy, to lay this City in Ashes, and to murder and destroy all the Inhabitants; whereas had they appear’d to have been Freemen, they would have been prevented this Opportunity of venting and gratifying the Rancour of their Hearts, by being closely confined as Prisoners of War.
3dly, If notwithstanding they were Free-men, they ought in all Reason to have waited the Event of the War, and suffer’d patiently under their Misfortune; and when Peace should have been concluded, they might have made the Truth of their Pretensions appear, and then Justice would have been done them.
But now, as they are found Guilty of this most horrid and villainous Conspiracy, by the Laws of our Land, Nothing remains but to pronounce Sentence of Death against them.
Accordingly they were Sentenced to be hanged.
Had they been offered the amnesty, but refused it — whether pridefully or tactically? How comes it that these are the very last words, in Horsmanden or anywhere else, that we have of Pablo Ventura Angel, Augustine Gutierrez, Antonio de la Cruz and Antonio de St. Bendito? One infers that these four must have been pardoned and transported out of New York like scores of other condemned slaves in that period, though these pardons are themselves extensively recorded by Horsmanden. Perhaps they were quietly handled another way — able to buy their freedom or return to Spanish hands in some prisoner swap. Maybe their anonymous helper was able to orchestrate something.
Only Juan de la Silva makes it from sentence to execution, and he with unnervingly little comment. Six more unwritten weeks after his condemnation, he was brought back to court for a pro forma hearing to order his hanging, his comrades now nowhere to be found.
He was supposed to join John Ury on the gallows; our series will meet this man in its next post. But Ury was respited, leaving “Wan” to a strange, lonely death far from his kith and kin — and one single sentence from Horsmanden to dispatch the strangest sub-plot of a sordid story.
Juan, alias Wan de Sylva; the Spanish Negro, condemned for the Conspiracy, was this Day executed according to Sentence: He was neatly dressed in a white Shirt, Jacket, Drawers and Stockings, behaved decently, prayed in Spanish, kiss’d a Crucifix, insisting on his Innocence to the last.
* In New York Burning: Liberty, Slavery, and Conspiracy in Eighteenth-Century Manhattan, Jill Lepore speculates that the attorney James Alexander might have given the Spanish Negroes advice. Although he would have been seated at the prosecutors’ bar in this trial — defending any of the accused terrorists was politically impossible for any of the city’s lawyers — Horsmanden never records Alexander speaking or taking any other active part in the prosecution, and Lepore thinks that might indicate that he was becoming silently disenchanted with events.
Alexander did have the dissident chops to play this part: it was he who “anonymously” penned the scathing attacks on the previous governor that led to the arrest of the man who printed them, Peter Zenger, and thence to Zenger’s acquittal in a landmark freedom of the press case.
Part of the deal for these princely states was that the British guaranteed the throne and the succession of the cooperating ruler, but the British waffled when the warrior chief Tikendrajit deposed Manipur’s raja in the fall of 1890 and for several months the revolution appeared to be a fait accompli. Eventually, Lord Lansdowne decided to let the transfer of power to the ex-raja’s brother stand, but marched 400-500 Gurkhas into Manipur to demand surrender of Tikendrajit for punishment.
Tikendrajit had the honor of commanding Manipuri’s forces in the brief ensuing conflict: the Anglo-Manipur War. It lasted only a few weeks, as the British scaled their punitive deployments to “overwhelming” and by the end of April hoisted the Union Jack over Kangla Palace.
Tikendrajit was hanged on the evening of August 13, 1891, along with an aged general named Thangal, on the polo grounds of Imphal. Today that place is known as Bir Tikendrajit Park, in honor of a man remembered as a patriotic hero.
Three other Manipuri leaders were hanged for the rebellion, and 22 suffered penal transportation.
A Dangerous Conspiracy was happily discovered here; the Author of it M. Nicholas Bighelini, took a Plan of the weakest Parts of this City, and communicated the same, by means of his Father who lives at Verona, to the Generals of the Allies. He was hang’d the 8th Instant, and the Effigies of his Father and a Nephew were hanged; the Nephew was here, but found means to make his Escape. Another named Nicholazzo was concern’d, but having impeach’d his Confederates has been pardon’d.
-London General Evening Post, Aug. 19, 1735
This vanished conspiracy occurred in the northern Italian theater of the 1733-1738 War of Polish Succession, a dynastic war whose best-remembered consequence was the delivery during the postwar settlement of the former Habsburg territory of Lorraine into what turned out to be permanent French control that still continues to this day.
This seems an apt outcome for a conflict over the Polish throne that we notice by way of Italy. Like the War of Spanish Succession thirty years before, a contested throne became the pretext for a continental imbroglio between those rivals, Austria and France.
Up and down Europe these powers and their allies and proxies tangled.*
In the “down” part, Italy was then still a warren of small principalities, which though independent stood generally in the thrall of Austria. While France did rather well besieging Sicily and the south, in the north of the peninsula things ground to a stalemate after France’s initial push gobbled up Milan.**
The city of Mantua, capital of a a duchy of the same name in the middle of the north, came under the siege of France and her allies in 1734. The “allies” part really started to matter: Spain was one of those allies, and still laid its own claim to Mantua from its bygone days of imperial glory; Savoy was another ally and did not want to see Spain resume dominance in Italy. The siege was not energetically maintains, and one starts to wonder whether the Duke of Savoy himself might not have quietly arranged the betrayal of poor Nicholas Bighelini.
In any event, Mantua or no neither France nor Austria had much offensive potential left in Italy and by this late date they were doing little but marking time until that autumn’s ceasefire arrangements. The French would then lift the siege and even withdraw from Milan, allowing Austria to re-establish its hegemony unopposed.
Nicholas Bighelini, poor fool, is justly forgotten: he gave his life for nothing.
* In contrast to its behavior in the War of Spanish Succession, Great Britain stayed out of this fight, eventually mediating the peace that settled things. Still, this war has an ancillary part in England’s own gallows history, since it was under French colors that the young English pretender Charles Edward Stuart first cut his teeth in combat — enjoying better fortune than when he tried to seize the British crown in 1745.
** The Duc de Noailles took over French forces in northern Italy in 1735, after distinguishing himself in the Rhineland at the outset of the war. His great-granddaughter wed Lafayette, a family alliance that helped doom many Noailles descendants to the guillotine.
On this date in 1783, Diego Cristobal Tupac Amaru — cousin and successor to the famed indigenous rebel Tupac Amaru II — was tortured to death in Cusco.
After Tupac Amaru’s execution in May 1781, the rebellion he had kindled fell south to present-day Bolivia and fought on furiously. Diego Cristobal succeeded his kinsman in authority, and with the (unrelated, but allied) Tupac Katari could briefly command vast territories that demanded bloody Spanish reconquest over hostile terrain. “Twenty years after these events,” one 19th century chronicle reports, “This writer saw the plains of Sicasica and Calamaca, for an extent of fourteen leagues, covered with heaps of unburied human human bones, lying in the places where the wretched Indians fell, to bleach in the tropical sun.”
By early 1782, Tupac Katari had followed Tupac Amaru to the Spanish scaffold and the indigenous resistance they had led was broken into so many bleaching bones. Diego Cristobal Tupac Amaru availed himself of an amnesty promised by Viceroy Agustin de Jauregui to bring the rebellion to a formal close. Diego Cristobal even lived for some months thereafter in peace.
But if Spain’s viceregal authorities ever had the least intent of keeping that guarantee long term, they were set straight by the mother country once the treaty was circulated back home: “no faith is due to pledges made to traitors,” the crown directed. Surely in this perfidy there is also the implied regard of fear; had Cusco fallen to Tupac Amaru’s siege in 1781, the whole history of the New World could have changed. To leave unmolested the royal family of this martyred champion would have courted more danger than an empire ought.
So in March 1783, a Spanish sweep arrested not only Diego Cristobal Tupac Amaru but around 100 other members of his family and their households, pre-emptively on allegations of a fresh conspiracy. Though it was left to Diego to suffer the most extreme bodily fate, extirpation of his line was the intent, and other Tupac Amaru kin were dispossessed of property, deported, and forbidden the use of their costumes and titles as their subjects — Spain’s subjects — were forbidden their arms.
A ghastly account of Diego Cristobal’s sentence and execution is available in Spanish here: “to be dragged through the streets to the place of execution and there his flesh torn with hot pincers and then hanged by the neck until dead; afterwards to be dismembered and his head carried to Tungasuca, his arms to Lauramarca and Carabaya, his legs to Paucartambo and Calca, and the rest of his corpse set up in a pillory on the Caja del Agua, forfeiting all his property to the confiscation of His Majesty.”
On this date in 1741, six slaves named Othello, Quack, Venture, Frank, Fortune, and Galloway were hanged, and a seventh, “Harry the Negro Doctor”, burned — all casualties of the ongoing investigation into the purported slave plot to torch colonial New York.
A truly horrific day in the city’s history. However, as we have noted in our entry about the last prior mass execution of this affair, these July bloodbaths surprisingly turn out to be all about the court extricating itself from a potentially limitless investigation into the servile classes.
With the return of the Chief Justice James De Lancey from New England on the first day of the month — taking control of the court from the implacable inquisition of his junior partner Daniel Horsmanden — the whole judicial momentum turns away from compounding arrests upon accusations and towards disposing of cases already in hand and tying up loose ends.
But there were a lot of loose ends … and some of them could only be tied up with hemp.
For some of the nearly 100 slaves in the city dungeon when De Lancey returned, the evidence was so scanty that they were outright released. Most of the rest were disposed of through an almost shameless wink-nod arrangement: the slaves pleaded guilty to the terrorist plot (vindicating the court’s diligence, and also the blood it had already shed), and in exchange were not executed but approved for convict transportation (sparing life and limb for the slaves, and financial injury for the owners).* Almost every weekday the court would open nominally in a proceeding against six or ten or twelve black men and women only to hear all plead guilty and promptly adjourn upon the court’s recommendation of mercy. Under “inbox zero” De Lancey, these people were not pressed to name more names, and when they did so those potential new arrestees were often left unmolested. (We shall arrive shortly at a notable exception.)
On July 15, 1741, De Lancey actually held court. True, there were 14 more Negroes, “most of which had been made Use of as Witnesses,” who were on this occasion recommended for pardon and sale abroad. But our doomed seven plus an eighth man, Tom, were the last ones in the jail who were refusing to plead guilty. (Tom was convicted with the rest, but his sentence was abated.)
It reads like a principled stand but if so, their integrity was unequalled by their trial strategy. They simply “said nothing material in their Defence, but denied all alledged against them.”
Unfortunately with everyone singing from De Lancey’s hymnal as the price of their own necks, there were a good many witnesses prepared to alledge. For this trial, six black slaves described the accused hanging around arch-plotter John Hughson, “talking about the Conspiracy to set the Town on Fire, and to kill the white People.” Besides the slave evidence, two white people also denounced the prisoners: Mary Burton, the Hughsons’ former servant whose ever-growing became the ubiquitous crown witness in all cases; and, William Kane, an Irish soldier who had been named as the plot’s inside man at the fort by the slave Will when the latter burned at the stake.
Kane was just the second white person in all this time to join Mary Burton on the prosecution’s witness list — and he was obtained with chilling ease.
The very night that Will burned, July 4, Kane was taken up. Examined the next day he denied knowing anything about the plot or even where Hughsons’ tavern was located.
But, Horsmanden recorded in his journal of the proceedings, “while Kane was under Examination, the Under-Sheriff came and informed the Judges, that Mary Burton had declared, that she had often seen him at Hughson’s, amongst Hughson, his Wife, &c. and the Negroes, when they were talking of the Conspiracy, and that he was one of the Confederates.”
A dramatic moment ensued, gut-wrenching even in Horsmanden’s few sentences.
Chief Justice De Lancey, “who was a Stranger to the Transactions concerning the Detection of the Conspiracy” and could therefore still be shocked by the casual way this teenager rolled into her conspiracy stories whomever some frightened prisoner had recently implicated, “thought proper to admonish the Witness in an awful and solemn Manner, concerning the Nature of an Oath, and the Consequences of taking a false one, more especially as it affected a Man’s Life.”
Would the girl fluster under this magisterial caution? Would De Lancey himself dare to press it so far as to discredit the one witness his court had depended upon for prosecuting the conspiracy thus far?
No. “She answered, she was acquainted with the Nature of an Oath very well, and that she would not take a false one upon any Account.” De Lancey dropped the point, and Mary Burton was sworn in, saying
That she had seen the said Kane at Hughson’s very often, talking with Hughson, his Wife and Daughter, Peggy Salingburgh alias Kerry, Caesar, Vaarck’s; Galloway, Rutgers’s; Prince, Auboyneau’s, and Cuffee, Philipse’s, Negroes; and the Discourse amongst them was, That they would burn the Town; the Fort first, the Governor and all his Family in it, and kill all the white People; and that she heard the said William Kane say, that he would help them all that lay in his Power.
Kane, “his Countenance changed, and being near fainting,” called for a glass of water. Kane was no fool, and when the court explicitly confirmed to him “the Danger he was in, and told [him] he must not flatter himself with the least Hopes of Mercy, but by making a candid and ingenuous Confession” he duly swallowed the draught prepared for him — albeit “after some Pause” and “tho’ at the same Time he seemed very loth to do it.” There was no way out — not for the court, not for Mary, and not for Kane — but for the soldier to corroborate her story. He numbly did so, although one would rather know how he spoke about this episode of his life under the seal of the confessional.
There is a deadening similarity to these stories, of course; it is not merely retrospective interpretation that surfaces the perverse incentives newly-arrested slaves faced — it is remarked a few times via the comments of slaves themselves in Horsmanden’s own record. “Moore’s Cato advised him and Pedro, to bring in many Negroes, telling Pedro, that he would be certainly burnt or hanged if he did not confess,” in one description … “but that if he brought in a good many, it would save his Life; for he had found it so himself; and must say, he was to set his Master’s House on fire, which would make the Judges believe him.” Why this day’s crop refused to take their out we don’t really know. Maybe they were stubborn — or had a care for their soul — or more than death feared being sold out of the place that had become their home, and onto some backbreaking sugar plantation in the West Indies.
But two of our group merit notice for more unusual profiles.
“Doctor Harry” was an unauthorized medical practitioner on account of his race and station, and so had been driven out of New York City years before. He made his home thereafter on Long Island, forbidden from venturing into New York on pain of flogging. The physician’s addition to the plot segued into the frightening prospect of a poison angle to the race war.
“A smooth soft spoken Fellow, and like other Knaves, affected the Air of Sincerity and Innocence” in Horsmanden’s words, Harry was already on the judges’ radar when a slave named Adam accused him. (Soon joined by the reluctant William Kane.) That he was on their radar as someone who was not allowed in the city does not seem to have counted a great deal. “He stifly denied all, and declared, that he never was at Hughson’s, nor had he been in Town since he was ordered out by the Magistrates.”
Othello had also been out of town during events — not by banishment, but because he was Chief Justice De Lancey’s own slave, and had accompanied his master’s New England mission during the spring when New York went arson-crazy.
Aptly for his name, Othello reads in Horsmanden’s narrative as a tragic figure who unlike Doctor Harry was ready to say what he had to say to save his own life but hanged because he couldn’t reconcile himself in time to the urgency of his situation.
Horsmanden, who also would have been Othello’s personal acquaintance, clearly respected the slave; in the judge’s estimation, Othello “had more Sense than the common Rank of Negroes” and was one of “the Head Negroes in Town.” Maybe Othello counted too highly the weight of his association with the judges, or maybe since he was out of town he simply did not have the right feel for the witch-hunt dimensions the arson investigation had taken. Reading bulletins from his city, De Lancey had questioned Othello about the plot and Othello had denied any knowledge of it. Did the slave suppose that a Head Negro in Town could be above suspicion?
De Lancey disabused him of any such hope in late June when the Chief Justice received word that Othello had been denounced in the investigation, and promptly shipped his slave back to New York in chains.
He arrived in the last days of the governor’s official amnesty window for slave confessions, having heard God knows what of proceedings from his distance. His accuser Adam gave him sound advice in the city hall’s then-teeming basement prison: “to confess … [as] a Means of getting him[self] off.” But Othello at first refused to do so, even when warned that he had little time remaining to take advantage of the amnesty.
Othello being asked, Why he so positively denied on Saturday, that he knew any Thing about the Plot; though he was warned of the Proclamation, and that the Time therein limited for the Confederates to come in and make voluntary Confession and Discovery, would expire as Tomorrow; and notwithstanding he was told, that there was full and clear Evidence against him, Why he did not take the Recorder’s Advice, and confess then what he had done now? He answered with a Smile,
Why, Sir, I was but just then come to Town.
The reluctance is easy to understand. Othello was the Man Friday to a colonial oligarch: it was worth a risk to defend that position against the loss in stature and comfort that would surely result from being sold abroad. Besides that, he needed time to get his bearings: who was accusing him of what? What cards did he hold?
Othello soon understood that advancing a strong claim of innocence would be a nonstarter, so on the eve of the amnesty’s expiration he tried to claim it by offering a “confession.” It’s the first of several that would be extracted from him; each is a noticeably minimalist contrivance to fit his circumstances of the moment — too cute by half, a cruel observer might say. In late June, Othello simply named a bunch of names that others had already named with few additional details. The judges could see very well that this was no better than a token submission.
Come July 12th, having been issued a summary death sentence upon the guilty plea he had committed to, Othello expanded that confession. Now he detailed a longer intimacy with John Hughson — but one in which Othello, although aware of the plot, repeatedly refused to swear hiimself to it. The plot as the court understood it required its adherents to promise to kill their own masters. By insisting he had never sworn, Othello wanted to avoid going on record with any intent to slay James De Lancey. He was a week from execution at this moment, and still he dreamed that maybe De Lancey would one day take him back.
But the privilege Othello clung to might have already begun to cut against him. As an appearance-of-propriety issue vis-a-vis his white neighbors, was De Lancey, the highest judge in the colony and the wealthiest man in the colony, going to spare his own property from the full rigor of the law when his court had so readily destroyed other men’s slaves? The judges considered where Othello stood with his late and cloying “confessions”, and on July 16 recommended against extending him a pardon.
Still Othello tried one last time — on the very morning of his execution. On that occasion, Horsmanden took down one last, expanded confession … and even at this desperate hour, Othello was trying to thread the needle where his master’s life was concerned.
That Adam persuaded him, since he came in Jail, to say, that he had agreed to kill his Master and Mistress; and that by saying so, he would get clear: But this was all false, he never engaged to do any such Thing, nor was it ever proposed to him by Hughson, or any one else; only Hughson told him, he must rise with the Mob, and kill the People in general, as the rest were to do.
No doubt poor Othello had invested many of his last hours going over this decisive confession, trying to calibrate it precisely. Unfortunately, it showed.
For Horsmanden and his fellow judges, what Othello had provided was “neither voluntary nor free, but came from them very unwillingly, and after much Persuasion” and Othello as with his fellow-prisoner Quack only “acknowledged their Guilt in general, by their Plea, and by their Confessions, in a few Particulars, thinking thereby, as it may well be inferred, to come off as cheap as they could.” Horsmanden does not seem far from the mark in this observation, much as posterity might doubt his certainty that “both had it in their Power to make very considerable Discoveries.” At any rate,
The Judges could by no Means think them proper Objects of Mercy; and had they recommended them to the Governor as such, and his Honour had pardoned them, such Lenity towards them, might have been deemed Cruelty to the People.
As ghastly as this was for Othello and his mates, this date essentially finished the court’s business with the Negro Plot.
Does that mean we have reached the end of our series? Alas, the court’s bloodthirst had not quite been slaked. … for in the course of winding down, Horsmanden et al had opened one last line of inquiry, in hot pursuit now for a true arch-villain to lurk behind the passe conspiracies of slaves, an enemy dread enough to equal the advertised danger to New York City.
“The Old proverb has herein also been verifyed,” a satisfied Horsmanden would eventually report of this last phase that was even then opening up “that there is Scarce a plot but a priest is at the Bottom of it.”
* This was also the explicit preference of acting governor George Clarke, who on June 20 wrote to London that he “desired the Judges to single out only a few of the most notorious for execution, and that I would pardon the rest … whereby their masters will transport them out of hand.”