ExecutedToday.com

On this date in 1864, the sins of the father were visited upon the son when the Qing Dynasty dealt a coup de grace in what is perhaps history’s bloodiest civil war, executing the luckless teenager to whom leadership of the Taiping Rebellion had fallen.

Strangely little-known, the Taiping Rebellion shook the weakened Chinese state through the middle of the 19th century, nearly to its very foundations.

From 1851 until the 1864 death of its queer leader figure, prophetic Christian convert Hong Xiuquan, it maintained its own state in southern China, the Taiping Heavenly Kingdom.

China’s defeat in the First Opium War in the 1840’s set the stage for Hong Xiuquan’s movement, and not only geopolitically: western powers had pried open the Orient to proselytizers as well as poppies, and though Christianity would find a rough go of it in China, it did win over Hong.

Fired by his supposed divine vision, Hong’s Heavenly Kingdom conquered the Yangtze Valley and much of the south, with an outlook radically progressive as against the hidebound Qing: egalitarian land distribution and gender equity (the Kingdom’s administrative acumen is less generously accounted). Naturally, the “real” Christian missionaries abhorred it, which sincere theology happily comported with the policy of their national statesmen who abhorred the Taiping’s encumbrance upon the opium trade.

The rebellion waxed while the Qing lost a second Opium War to the west, but a Taiping bid to capture Shanghai fell short in 1860. By this time, westerners had the Qing by the short-and-curlies and were not eager to see the client dynasty they had so painstakingly browbeaten supplanted by a bunch of millenarian Levellers without the common courtesy to promulgate smack; accordingly, China’s recent Opium War antagonists now helped China field the forces necessary to suppress the rebellion.

Charles George Gordon, a British evangelical Christian himself destined for eventual beheading, even led the pacification force swaggeringly branded the “Ever Victorious Army“.

We’ve reached the end here and only just met our day’s principal, the son and heir who at 15 was handed the helm of the collapsing state by his visionary father. (Hong Xiuquan conveniently proceeded to kick the bucket just before the Qing finished off the rebellion.)

Officially the second (and obviously the last) ruler of the Heavenly Kingdom, Hong Tianguifu had no juice with his military or administration, and no time to enjoy the more prosaic perquisites of regal authority, but was available as the object of official vengeance. (Thanks, dad.)

Less exalted Taiping Rebellion prisoners, from here (click through the pages for a detailed history of the rebellion).

The Taiping Rebellion features in the 2007 Chinese flick Tau ming chong (The Warlods), which represents a Qing-Taiping battle in the fine cinematic bloodbath below. Some 20 to 30 million people are thought to have perished in this civil war, which was also one of the last significant conflicts fought primarily with blades rather than bullets.

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In few countries is it possible to trace the development of anti-American sentiment as clearly as in Nicaragua. A century of trouble between the two nations, which led to the death of thousands and great suffering for generations of Nicaraguans, began when the United States deposed President Zelaya in 1909. Benjamin Zeledon [Spanish link -ed.] took up arms to avenge him. Zeledon’s death inspired the young Sandino, who, in turn, inspired the modern Sandinista Front.

For all his faults, Zelaya was the greatest staesman Nicaragua ever produced. If the United States had found a way to deal with him, it might have avoided the disasters that followed. Instead, it crushed a leader who embraced capitalist principles more fully than any other Central American of his era.

-Steven Kinzer, Overthrow: America’s Century of Regime Change from Hawaii to Iraq

It was a century ago today* that the execution of two American soldiers of fortune set all that strife in motion.

Leonard Groce, a mining supervisor, and Lee Roy Cannon, a rubber planter, were among those hired out by the U.S.-backed rebellion of Juan Jose Estrada. Dictatorial Nicaraguan President Jose Santos Zelaya — no known relationship to his namesake bookend at the other end of that century, the recently deposed leftist Honduran President Manuel Zelaya — had earned Washington’s ire by attempting to carve out an excessively independent sphere of action for his country. Most notably, he courted European investment, and mooted funding a possible Nicaraguan competitor to the U.S.-controlled Panama Canal.

Though the Estrada insurrection was spinning its wheels militarily, Groce and Cannon would give it legs diplomatically, and afford the Yankees sufficient pretext to overthrow Zelaya directly.

These two U.S. nationals were caught mining the San Juan River in an admitted attempt to sink a Nicaraguan troop transport, and shot in El Castillo a few days later. (Here’s Groce’s final letter to his mum — a Spanish translation; I have not been able to find the English original.)

When word reached U.S. Secretary of State Philander Knox about the shootings, he “saw an opportunity to intervene directly.”**

Knox dashed off a bellicose note to the Nicaraguan charge d’affaires calling his

regime … a blot upon the history of Nicaragua …

From every point of view it has evidently become difficult for the United States further to delay more active response to the appeals so long made, to its duty to its citizens, to its dignity, to Central America, and to civilization.

The Government of the United States is convinced that the revolution represents the ideals and the will of a majority of the Nicaraguan people more faithfully than does the Government of President Zelaya.

“Then,” says Steven Kinzer, “he issued an official legal opinion holding that because Estrada’s rebellion had given his men the ’stature’ of belligerents, Cannon and Groce had been entitled to prisoner-of-war status. That made Zelaya a war criminal.”

Maybe Zelaya mistook the foreign bombers for “unlawful combatants.”

Groce and Cannon temporarily became a media cause celebre in the U.S. This article is from the Nov. 21, 1909 edition of the Salt Lake Herald-Republican.

By late December, with marines† landing, Zelaya bowed to the inevitable and resigned, and Nicaragua began a generation under more-or-less overt U.S. control.

That terrible miscalculation drew the United States into a century of interventions in Nicaragua. They took a heavy toll in blood and treasure, profoundly damaged America’s image in the world, and helped keep generations of Nicaraguans in misery. Nicaragua still competes with Haiti to lead the Western Hemisphere in much that is undesirable, including rates of poverty, unemployment, infant mortality, and deaths from curable diseases.

- Kinzer

There’s more coverage of this episode and America’s early 20th century Nicaraguan policy in The Banana Men: American Mercenaries and Entrepreneurs in Central America, 1880-1930 and Beneath the United States: A History of U.S. Policy toward Latin America.

* A few sources give the date as the 16th, and the situation was confused and uncertain enough on the ground that early press reports elide the execution date altogether. The 17th tracks with The Banana Men, Overthrow, and the U.S. diplomatic correspondence.

** Knox, a plutocrats’ attorney from Pennsylvania and certifiable bastard, was also personally connected with Pittsburgh-based mining interests Zelaya was threatening to expropriate. Groce worked for the firm.

† Marine Corps Major (later General) Smedley Butler mounted three different expeditions to Nicaragua during the civil war following Zelaya’s departure. He would later remember of his service in America’s southerly “Banana Wars” interventions, “I spent most of my time being a high class muscle-man for Big Business, for Wall Street and for the Bankers. In short, I was a racketeer, a gangster for capitalism.”

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On this date in 1885, Louis Riel, “the puzzling Messianic figure of Canadian history,” was hanged in Regina for treason.

We have already met in these pages the magnetic, controversial figure of Louis Riel when his Red River Rebellion caused the 1870 execution of Thomas Scott, one of the soldiers sent to suppress it.

Now, after a decade and a half in the political and sometimes literal wilderness, the champion of the Métis had been recalled from the United States to press the rights of his mixed-race French-indigenous people against the Anglo Canadians’ westward march.

It was North America’s familiar clash of civilizations between expanding industrial economies and the traditional ways of life they displaced. (Here’s a good background documentary video, with a Part 2 that gets into the weeds on battlefield events.) Because the Metis were “half-breeds” whose European stock was French, the story’s familiar cocktail of racism had a twist of Canada’s Anglo-French rivalry, too.

Riel declared an independent Provisional Government of Saskatchewan, and the North-West Rebellion was on.

The rebels had some initial successes. But hampered by an inability to make a firm alliance with the more politically realistic Cree, by the non-support of the Catholic Church in view of Riel’s increasingly out-there millenarianism, and by the extension of technological superiority another 15 years’ railroad-building had given the Ottawa government, Riel’s forces soon gave way.

The lightning-rod leader was arrested and repaired to the provincial capital for trial, where he spurned his lawyers’ desperation attempt to plead insanity and cogently vindicated his position.

“Life, without the dignity of an intelligent being, is not worth having.”
-Riel

For a man twice a rebel, the hanging sentence was no surprise. Later, juror Edwin Brooks would tell a newspaper “We [the jury] tried Louis Riel for treason but he was hanged for the murder of Thomas Scott.” (Source, via this pdf handbook all about the Metis.)

His hanging was met with outrage in Francophone Quebec, and Louis Riel remains a polarizing figure down to the present day — an emblem of multiple overlapping cultural conflicts never fully resolved. The upcoming year’s 125th anniversary of events profiled here promise a renewed examination of Louis Riel (or at least of his tourism potential).

Below are a few more-or-less obtainable recent books about Riel and the North-West Rebellion, culled from this pdf reading list. Also note the public-domain volume The history of the North-west rebellion of 1885.

Also On This Date

• 1869: Hamiora Pere, Maori "traitor" to the Queen
• 1491: Eight current and converted Jews at an auto de fe

On this date in 1780, Incan-Peruvian indigenous leader Tupac Amaru launched his insurrection against the Spanish with the public execution of a Spanish corregidor.

Antonio de Arriaga, as Spain’s man in Tungasuca, had as part of his job description forcing curacas to extract the crown’s tribute from the natives. This put some tension between him and the likes of the strong-willed Tupac Amaru, who advocated fiercely enough for his people’s rights that Arriaga threatened him with death.

It also made Arriaga’s death an invitingly emblematic scene to open the indigenous revolt.

On Nov. 4, 1780, Tupac Amaru kidnapped Arriaga returning from a dinner party, then forced him to sign letters summoning Spaniards and curacas alike to Tungasuca.

There, he mustered his own force of armed natives and performed for them a “carefully staged public ceremony.”

According to a primary source excerpted in The Tupac Amaru and Catarista Rebellions

Account of the Most Horrible Crime Committed by Jose Gabriel Tupac Amaru, Cacique of Pampamarca

On the morning of Friday, November 10th, Tupac Amaru ordered that three columns … be organized from all the people from his Province that were already there. Two were composed of Spaniards and Mestizos armed with muskets, sabers, and sticks; and one of Indians with slings. In the middle of this, he brought out the Corregidor, dressed in his military uniform, and publicly started taking his uniform off, stripping him of his rank following the rituals he had understood and seen in other occasions, until he was left in his shirt. He then put a shroud on him … that had the title of La Caridad on it. He then gave the order to take him to the gallows, accompanied by the Priest and two other clergymen, where he went with a resignation and patience worthy of somebody who was already touching the portals of eternity.

Once on the gallows the Corregidor was forced by the tyrant to publicly declare that he deserved to die in that way. A black slave of the Corregidor [named Antonio Oblitas -ed.] served as his executioner, but the ropes snapped and both fell to the ground. But they suspended them again with a lariat around their necks, and thus they completed the execution in clear sight and tolerance of all his Province. ["they" is as rendered in the book; I have no indication that more than one person was executed. -ed.] Not one voice was raised that would disturb the operation. And most surprising of all was that those same Collectors and those close to the Corregidor were the ones who (oh, what an awful spectacle of perfidy!) sped his way to the ignominious place of execution, and who pulled on his feet so he could die even more violently.

The rebellion, needless to say, was on.

Also On This Date

• 1954: Hossein Fatemi, before the blowback
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On this date in 1944, the restored French Republic shot the editor of the collaborationist newspaper Aujourd’hui (Today).

Suarez’s (linked page in French) writings (French again) had endorsed the German occupation and called for steps even beyond what the Germans were prepared to take: the wholesale taking of Anglo hostages as proof against Allied bombing raids, for instance.

His trial and execution were the first of many suffered by pro-Vichy writers and journalists condemned by the vengeful free French courts for their part in the Nazi occupation, especially in the first months after liberation. The public intellectuals of the wartime government were, as a matter of fact, in the dock faster than the government itself.

Alice Kaplan, writing of the more infamous collaborationist writer Robert Brasillach who would follow Suarez’ footsteps in a few weeks, observes:

Writers were easy to try. Their files, crumbling now, are rather thin: clippings of their articles from the collaborationist press, underlined in red and blue ink with an occasional commentary; a report by the prefecture of police outlining their political affiliations and behavior during the Occupation; a list of witnesses called by the defense and the prosecution; interviews of the accused, before the trial, going over the charges against him; letters from friends — and enemies — sent to the judge before the trial. It was easier to organize a case against a journalist than a case against a common-law criminal or a financial collaborator. The bulk of the evidence was in newspaper clippings, quickly compiled.

“Treason is a matter of dates,” Suarez’ lawyer averred, channeling Talleyrand. But at this early date of freedom, not six months after Omaha Beach had been wrenched from German hands, there was much less sympathy for the philosophic vagaries of history than some subsequent writers would enjoy — and there was a good deal of indictable behavior:

Whether they faced the charge of treason or of national indignity, the writers were accused of having espoused numerous elements of Nazi ideology: anti-communism; anti-Semitism; support for the releve (the system designed to send French workers to Germany in exchange for French POWs); support for the Milice (Vichy’s police force); support for the German and French troops fighting the Soviets on the Eastern front; attacks against de Gaulle and the Resistance; participation in collaborationist organizations; trips to Germany during the Occupation, in particular to the International Writers’ Congress at Weimar in 1941.

-Philip Watts, Allegories of the Purge

In addition to its noteworthy history in the postwar purge of journalists, Kaplan reports that Suarez’s trial may also have been the first in French history for which women were eligible to serve as jurors — although none of the women in the jury pool were ultimately seated, and the milestone seems not to have been widely noticed even at the time.

The execution itself was badly botched: Suarez is said to have survived both the initial fusillade and a second barrage from the firing squad before a third round finished him off.

Also On This Date

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At dawn this date in 1550, two sons* of Jon Arason were beheaded at Skalholt, followed by the energetic sextegenerian prelate himself — cementing Lutheranism in Iceland.

As bishop of the northern diocese of Holar and one of the most powerful pols in Iceland, Arason did what he could to maintain papal authority when the Danish King Christian III began pushing Protestantism.

Arason was a practical guy; remote from any prospect of aid, he was content to maintain a cordial balance between his diocese and the southern one of Skalholt. (The two sees were political rivals of long standing; Skalholt’s previous Catholic representative, Ogmundur, had at one point many years before our narrative excommunicated Arason and forced the latter to flee to Denmark.)

Whether driven by the prince or the bishop within,** Arason took advantage of his Protestant opposite number’s timely passing in 1548 to make a play for power in the south as well. Early returns augured well; Arason arrested the Lutheran replacement, got the Icelandic parliament to throw in with him, and captured key points in the Holar diocese, reconsecrating ecclesiastical properties as Catholic.†

But his rival Dadi Gudmundsson turned the tables on the man who was becoming the de facto ruler of the island by ambushing him at a parley. The cleric and the two sons, having been declared outlaws months before by Danish decree, were executed on that basis without trial, lest holding them for the planned hearing the following spring enable their supporters to rally. Arason’s beheading was reportedly botched.

Legally doubtful but practically effectual, the axe that (eventually) decapitated the divine did likewise to his flock. Lutheranism thereafter settled comfortably into the ascendancy: Iceland would not have another Catholic bishop for nearly four centuries, by which time its Catholic population had shrunk near the vanishing point.

Although his faith didn’t have legs on the island, Arason reads very easily as a proto-nationalist figure and political actor; he’s been well-loved by Protestant, Catholic, and irreligious posterity alike.

He also gave Icelandic a bit of vernacular on his way to shuffling off this mortal coil. When a priest named Sveinn proffered the solace, “There is a life after this one!” as the last bishop approached the block, he replied, “Veit ég það, Sveinki!” — “This I know, Sveinki!”

In everyday conversation in Iceland, that phrase is still used to tease someone who has just stated the obvious.

* Although this is well into the period when Catholic clergy were supposed to be practicing celibacy, Arason’s indifference to this particular mortification of the flesh is just another bit of his charm. With his mistress Helga Sigurdardottir, he sired nine sons and daughters, marrying them into politically advantageous allegiances where possible. At least eight subsequent Lutheran bishops sprang from his seed; by the present, “virtually all Icelanders can validly claim direct descent” from Jon Arason, according to Iceland, the First New Society.

** Jon Arason was also a notable poet. Ljomur, whose attribution to Arason is speculative, can be enjoyed for free here.

† More particulars about the Icelandic political chessboard are available in this 19th century text (the pdf is easier on the eyes than the text), or in “An Icelandic Martyr: Jón Arason,” by Thomas Buck, in the Jesuit publication Studies: An Irish Quarterly Review, Vol. 46, No. 182 (Summer, 1957), pp. 213-222.

Also On This Date

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On this date in 1463, the last regal claimants of Byzantium’s last successor state were executed in Constantinople.

They were, by this time, two years deposed from actual power. David of Trebizond (aka David Comnenos) had inherited the enclave“empire” clinging to the Black Sea coast in 1459, and proved himself “a fit agent for consummating the ruin of an empire.”

Specifically, he cleverly set about needling the overwhelming Turkish power on his borders by vainly attempting to stir up another Crusade, and refused to pay the Mohammedan tribute.

Having recently reduced the impregnable fastness of Constantinople, Mehmed the Conqueror handily availed this provocation to overrun Trebizond.

David and kin made out okay by this calamitous extinction of the Byzantine candle, negotiating in the summer of 1461 an arrangement to settle in Adrianople under the sultan’s protection (and monitoring).

Two years later, David was reportedly caught plotting against the keeper of his gilded cage once more, and Mehmed had the former Emperor, his sons, a nephew and a brother-in-law beheaded, neatly extinguishing the last people with any lineal claim the late Greek imperium.

Theodore Spandounes, a Venetian of Byzantine refugee stock writing in the early 16th century,* claims this was a set-up by Mehmet, “ravenously thirsting for Christian blood,” and that the Komnenoi were given the chance to convert to Islam and atoned their poor statecraft with holy martyrdom.

Furthermore,

Mehmed confiscated all the property of the imperial family of Trebizond and condemned the Empress [Helen Kantakouzene or Cantacuzene] to pay 15,000 ducats within three days or be executed. Her servants, who were Mehmed’s prisoners in Constantinople, worked from dawn to dusk to raise the money and paid it … [but] she had no desire to remain in this world; and, clad in sackcloth, she who had been accustomed to regal finery, refused to eat meat any more and built herself a hovel covered in straw in which she slept rough. Mehmed had decreed that no one was to bury the bodies under pain of death. They were to be left for the dogs and ravens to devour. But the sainted Empress secretly acquired a spade and with her own delicate hands as best she could dug a trench in her hut. All day long she defended the corpses against the animals and at night she took them one by one and gave them burial. Thus did God give her the grace to bury her husband and her sons; and a few days later she too died.

* And writing, it should be observed, with the polemical intent of persuading western powers to go fight the Ottomans.

Also On This Date

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On this date in 1941, the German occupiers of Minsk conducted an infamous public hanging of partisans — perhaps the first such salutary public execution of resistance members of the war.

Jewish* 17-year-old Maria (Masha) Bruskina was the central figure of the grim tableau, and wore the placard announcing “We are partisans and have shot at German soldiers.” Evidently, she also attracted the most attention** from the onlookers to whom the scene was addressed.

Before noon, I saw the armed German and Lithuanian soldiers appear on the street. From over the bridge they escorted three people with their arms tied behind their backs. In the middle there was a girl with a sign-board on her chest. They were led up to the yeast factory gate. I noticed how calmly these people walked. The girl did not look around … The first one led to the gallows was the girl.

She was hanged with bewhiskered World War I vet Kiril Trus and the 16-year-old Volodia Shcherbatsevich. The men were members of a partisan cell organizing anti-fascist resistance; Masha Bruskina was a nurse who had been caught aiding the partisans by providing civilian clothes and papers for wounded Red Army soldiers under her care to smuggle them back to the resistance.

The scene of their deaths was captured in a series of powerful photographs taken by one of the Lithuanian Wehrmacht collaborators.

(More images here and here.)

* Phototextualities: Intersections of Photography and Narrative claims that Bruskina lightened her hair and changed her name to prevent her Jewishness affecting her resistance work; even though she was a Minsk native, her initial identification didn’t happen until 1968. The men who suffered with her were named almost immediately after the war.

** Despite the eye-catching place of the girl, she was officially unidentified for decades even after the name Masha Bruskina surfaced. In “A Historical Injustice: The Case of Masha Bruskina,” (Holocaust Genocide Studies 1997, 11:3) Nechama Tec and Daniel Weiss argued that Soviet authorities, and later Belarusian ones, found her Jewishness problematic and resisted identifying her because of it — while an ethnically Russian female partisan like Zoya Kosmodemyanskaya could be more conveniently accepted as a heroine. Maybe, but bureaucratic inertia and simple precedence (since Zoya Kosmodemyanskaya was known immediately while Masha Bruskina was not) are also plausible contributing factors.

A plaque unveiled at the Minsk yeast factory in 2009 finally called her Maria Bruskina.

Also On This Date

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On this date in 1415, on the eve of the Battle of Agincourt, the young English King Henry V approved the execution of his onetime boon companion Bardolph in William Shakespeare’s Henry V.

18th century illustration of Bardolph.

The fictional Bardolph had been the ruddy-nosed friend of Henry’s in the Henry IV plays (Part 1, Part 2), where the hard-drinking, rabble-rousing young prince is a disappointment to the father who fears his heir will never merit the throne.

By Henry V, the boy has become the ruler, and launched an audacious incursion into France during the Hundred Years’ War.

Hal’s willingness to own the rough decisions of statecraft — in this case having his friend put to death further to his win-French-hearts-and-minds policy — is part of his coming of age as Henry V.

Whether that means Hal’s maturation into regal dignity or the corruption of his humanity by power is up to the reader.

KING

How now Fluellen, cam’st thou from the Bridge?

FLUELLEN

I, so please your Maiestie: The Duke of Exeter
ha’s very gallantly maintain’d the Pridge; the French is
gone off, looke you, and there is gallant and most praue
passages: marry, th’ athuersarie was haue possession of
the Pridge, but he is enforced to retyre, and the Duke of
Exeter is Master of the Pridge: I can tell your Maiestie,
the Duke is a praue man

KING

What men haue you lost, Fluellen?

FLUELLEN

The perdition of th’ athuersarie hath beene very
great, reasonnable great: marry for my part, I thinke the
Duke hath lost neuer a man, but one that is like to be executed
for robbing a Church, one Bardolph, if your Maiestie
know the man: his face is all bubukles and whelkes,
and knobs, and flames a fire, and his lippes blowes at his
nose, and it is like a coale of fire, sometimes plew, and
sometimes red, but his nose is executed, and his fire’s
out

KING

Wee would haue all such offendors so cut off:
and we giue expresse charge, that in our Marches through
the Countrey, there be nothing compell’d from the Villages;
nothing taken, but pay’d for: none of the French
vpbrayded or abused in disdainefull Language; for when
Leuitie and Crueltie play for a Kingdome, the gentler
Gamester is the soonest winner.

This is Laurence Olivier’s 1944 version of the scene, with the commoner Bardolph well off-camera:

… and Kenneth Branagh’s more pathos-laden 1989 interpretation, with the king wavering a moment as he locks eyes with his doomed subject, and flashing back to bygone scenes of conviviality before delivering his troop the stern lesson of his friend’s strangling:

Part of the Daily Double: Agincourt.

Also On This Date

• 1945: Vidkun Quisling, who made his name as a traitor

On this date in 1865, two Republican generals, four colonels, and various other officers captured earlier in the month were executed on the authority of Mexico’s notorious Bando Negro — the “Black Decree.”

Halfway into his ill-fated three-year reign as “Emperor,” Maximilian I was in a bad way against Mexican president-turned-guerrilla Benito Juarez.

On October 3, 1865, he authorized summary execution for captured Republicans … and for anyone else who ran afoul of a nearby military official without having speedy proof of his or her political bona fides.

All individuals forming a part of armed bands or bodies existing without legal authority, whether or not proclaiming a political pretext, whatever the number of those forming such band, or its organization, character, and denomination, shall be judged militarily by the courts martial. If found guilty, even though only of the fact of belonging to an armed band, they shall be condemned to capital punishment, and the sentence shall be executed within twenty-four hours.*

In signing the Black Decree, said Mexican essayist Carlos Fuentes, Maximilian “signed his own death warrant.”

But more immediately, of course, he signed a lot of other people’s death warrants.

Republican General José María Arteaga Magallanes (Spanish link), a man of famous chivalry (once, recovering the body of the Belgian Foreign Minister’s son, he returned the boy’s watch home to dad), and fellow General Carlos Salazar Ruiz (Spanish again) were the biggest fish; they and the others are honored today as the Martyrs of Uruapan. (Spanish yet again)

The square in Uruapan where this day’s victims were shot … now known as Plaza Mártires.

http://www.flickr.com/photos/technopal/ / CC BY-NC-ND 2.0

* The excerpted text is Article I of the Black Decree, whose entire (taken from here) follows:

THE BANDO NEGRO (BLACK DECREE) PROCLAMATION
OF EMPEROR MAXIMILIAN, OCTOBER 3, 1865

MEXICANS: The cause sustained by D. Benito Juarez with so much valor and constancy had already succumbed, not only before the national will, but before the very law invoked by him in support of his claims. To-day this cause, having degenerated into a faction, is abandoned by the fact of the removal of its leaders from the country’s territory.

The national government has long been indulgent, and has lavished its clemency in order that men led astray or ignorant of the true condition of things might still unite with the majority of the nation and return to the path of duty. The desired result has been obtained. Men of honor have rallied around the flag and have accepted the just and liberal principles which guide its policy. Disorder is now only kept up by a few leaders swayed by their unpatriotic passions, by demoralized individuals unable to rise to the height of political principle, and by an unruly soldiery such as ever remains the last and sad vestige of civil wars.

Henceforth the struggle must be between the honorable men of the nation and bands of brigands and evil-doers. The time for indulgence has gone by: it would only encourage the despotism of bands of incendiaries, of thieves, of highwaymen, and of murderers of old men and defenseless women.

The government, strong in its power, will henceforth be inflexible in meting ont punishment when the laws of civilization, humanity, or morality demand it.

Mexico, October 2, 1865.

Maximilian, Emperor Of Mexico : Our Council of Ministers and our Council of State having been heard, we decree:

Article I. All individuals forming a part of armed bands or bodies existing without legal authority, whether or not proclaiming a political pretext, whatever the number of those forming such band, or its organization, character, and denomination, shall be judged militarily by the courts martial. If found guilty, even though only of the fact of belonging to an armed band, they shall be condemned to capital punishment, and the sentence shall be executed within twenty-four hours.

Article II. Those who, forming part of the bands mentioned in the above article, shall have been taken prisoners in combat shall be judged by the officer commanding the force into the power of which they have fallen. It shall become the duty of said officer within the twenty-four hours following to institute an inquest, hearing the accused in his own behalf. Upon this inquest a report shall be drawn and sentence shall be passed. The pain of death shall be pronounced against offenders even if only found guilty of belonging to an armed band. The chief shall have the sentence carried into execution within twenty-four hours,—being careful to secure to the condemned spiritual aid,—after which he will address the report to the Minister of War.

Article III. Sentence of death shall not be imposed upon those who, although forming part of a band, can prove that they were coerced into its ranks, or upon those who, without belonging to a band, are accidentally found there.

Article IV. If from the inquest mentioned in Article II facts should appear calculated to induce the chief to believe that the accused has been enrolled by force, or that, although forming part of the band, he was there accidentally, he shall abstain from pronouncing a sentence, and will consign the prisoner, with the corresponding report, to the court martial, to be judged in accordance with Article I.

Article V. There shall be judged and sentenced under the terms of Article I of the present law:

I. All individuals who voluntarily have procured money or any other succor to guerrilleros.

II. Those who have given them advice, news, or counsel.

III. Those who voluntarily and with knowledge of the position of said guerrilleros have sold them or procured for them arms, horses, ammunition, provisions, or any other materials of war.

Article VI. There shall be judged and sentenced in accordance with Article I:

I. Those who have entertained with guerrilleros relations constituting the fact of connivance.

II. Those who of their own free will and knowingly have given them shelter in their houses or on their estate.

III. Those who have spread orally or in writing false or alarming news calculated to disturb order, or who have made any demonstration against the public peace.

IV. The owners or agents of rural property who have not at once given notice to the nearest authority of the passage of a band upon their estate.

The persons included in the first and second sections of this article shall be liable to an imprisonment of from six months to two years, or from one to three years’ hard labor, according to the gravity of the offense.

Those who, placed in the second category, are connected with the individual concealed by them by ties of relationship, whether as parents, consorts, or brothers, shall not be liable to the penalty above prescribed, but they shall be subject to surveillance by the authorities during such time as may be prescribed by the court martial.

Those included in the third category shall be sentenced to a fine of from twenty-five to one thousand piasters or to one year’s imprisonment, according to the gravity of the offense.

Article VII. When the authorities have not given notice to their immediate superior of the passage of an armed force in their locality, the superior authority shall inflict a fine of from two hundred to two thousand piasters or from three months’ to two years’ imprisonment.

Article VIII. Every inhabitant who, having knowledge of the passage of an armed band in a village or of its approach, has not notified the authorities shall be liable to a fine of from five to five hundred piasters.

Article IX. All inhabitants between the ages of eighteen and fifty-five years of age not physically incapacitated shall, when the locality inhabited by them is threatened by a band, take part in the defense of the place, under penalty of a fine of from five to two hundred piasters or of from fifteen days’ to four months’ imprisonment. If the authorities deem it proper to punish the village for nonresistance, they may impose a fine of from two hundred to two thousand piasters, which shall be payable by all those who have not taken part in the defense.

Article X. The owners or agents of country property who, being able to defend themselves, have not kept guerrillas and other evil-doers away from their estates or have not notified the nearest military authority of their presence, or who have received the tired or wounded horses of the guerrillas without advising the said authority, shall be punished by said authority by a fine of from one hundred to two thousand piasters, according to the gravity of the offense. In cases of extreme gravity they shall be arrested and brought before the court martial, to be judged in conformity with the rules laid down by the present law. The fine shall be paid to the principal administrator of the revenue of the district where the estate is situated. The provisions of the first part of the present article are applicable to the populations.

Article XI. All authorities, whether political, military, or municipal, who have not acted in accordance with the provisions of the present law against those who are suspected of or recognized as being guilty of the offenses with which it deals, shall be liable to a fine of from fifty to one thousand piasters; and when the omission implies acquaintance with the guilty, the delinquent shall be brought before the court martial, who shall judge him and inflict a penalty in proportion to the offense.

Article XTT. Plagiarios [kidnappers] shall be judged and sentenced under the provisions of Article I of the present law, without regard to the circumstances under which the abduction shall have been committed.

Article XIII. Sentence of death passed upon those guilty of the offenses enumerated by the present law shall be executed in the time fixed, and the benefit of appeal for mercy shall be refused to the condemned. When the accused has not been condemned to death, and is a stranger, the government, after he shall have undergone punishment, may make use with regard to him of its right to expel from its territory pernicious strangers.

i Kidnappers. The Minister of Foreign Affairs, intrusted with the Department

Article XIV. Amnesty is proclaimed in favor of all who, having belonged or still belonging to armed bands and having committed no other offense, shall present themselves to the authorities before the 15th of next November. The authorities shall take possession of the arms of those so surrendering themselves.

Akticle XV. The government reserves unto itself the right to fix the time when the provisions of the present law shall cease to be enforced. Each of our ministers is bound, as far as his department is concerned, to enforce the present law and to issue such orders as will secure its strict observance.

Issued in the Palace of Mexico, October 3, 1865.

Maximilian.

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