Posts filed under 'Lawyers'

1849: Zsigmond Perenyi, by the Hangman of Arad

1 comment October 24th, 2015 Headsman

In the weeks following his defeat of Hungary’s 1848-49 revolution, the Austrian general Julius Jacob von Haynau consolidated his victory with enough cruelty to merit the title “Hangman of Arad.” On this date in 1849, he advanced Zsigmond Perényi, of late the speaker of revolutionary Hungary’s House of Magnates, to the ranks of Magyar martyrs.

A career politician and judge, Perenyi (English Wikipedia entry | the more detailed Hungarian) was a stately 74 years of age when the barricades went up. He was a baron, but a member of the reform-minded faction of that class who in the 19th century came more and more to see themselves in a national, Hungarian context. This historical thrust would lead, 18 years after the events of this post, to the official arrangement of an Austro-Hungarian Empire, the promotion of Hungary to titular imperial partnership but never to a fully satisfactory settlement of the tensions between Hungarian patriotic aspiration and Habsburg imperial prerogatives.

Perenyi signed the April 14, 1849 Hungarian Declaration of Independence; he and others who had set their hand to this treasonable document and played a role in the national government — they were just the sort of people to invite the attention of the hangman of Arad.

“Many government commissioners who had supported Kossuth were summarily court-martialled and led to the gallows,” Alan Walker notes in Franz Liszt: The Weimar Years, 1848-1861, Volume 2.

Baron Jeszenak, lord-lieutenant of the county of Nyitra; Szacsvay, the young secretary of the Diet; and Csernus of the treasury board all swung from the end of a rope. Baron Zsigmond Perenyi, of the court of justice, listened carefully to the charges against him and replied: “I have to complain that the accusation is incomplete. I request to add that I was the first to press the resolution that the House of Habsburg-Lorraine should be declared to have forfeited the throne of Hungary.”


By Hungary’s own Franz Liszt.

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Entry Filed under: 19th Century,Austria,Capital Punishment,Death Penalty,Execution,Habsburg Realm,History,Hungary,Judges,Lawyers,Martyrs,Nobility,Occupation and Colonialism,Politicians,Power,Separatists,Treason,Wartime Executions

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1567: The Michelade of Nimes

Add comment September 30th, 2015 Headsman

On this date in 1567, Huguenots in revolt in Nimes put to death dozens of Catholics in a courtyard butchery to climax a massacre remembered as La Michelade (English Wikipedia entry | the much more detailed French)

This name of sinister memory derives from one of the church calendar’s great autumnal feast, Michaelmas — and the sword-arm of its titular archangel would have been required to keep the peace between the rival religionists in the Languedoc.

Nimes went heavily for the Protestants, with the region’s royal governors unable to restrain the conquest of Catholic neighborhoods and churches by the predominant Huguenots through the 1560s: “the very wind which blew upon Nimes breathed heresy,” in the words of Dumas.

The years running up to our events of 1567 feature one of the numerous rancorous truces pocking France’s intractable Wars of Religion: this one is known as the “Armed Peace”, which gives you an idea where everyone’s heads were at. And in Nimes, the heresy in the wind was not such as to prevent the restoration of Catholic authorities to control of the civic institutions — to the undoubted irritation of the Huguenot grandees who endured the indignity of displacement alongside the sure knowledge of the popular weight that supported them.

This ripening conflict appropriately came to fruition via a vegetable market at a city fair on Michaelmas — September 29, 1567 — where an altercation turned into a sectarian riot and soon transformed into a municipal Protestant insurrection.

Huguenots still maintaining the preponderance of force in Nimes, they perpetrated the expected outrages during the excitement: sacking the cathedral, murdering some particularly hated Catholics. But the overall organization of the Huguenots and the organized participation of the city’s Huguenot elites suggests a good deal of advance orchestration, and perhaps coordination with the Huguenot attempt to kidnap the king just days before.

In the disturbance, Nimes’s first consul Guy Rochette — Catholic, naturally — sought refuge in the palace of Bishop Bernard d’Elbene; a Huguenot captain forced the door and arrested them, confiscating from Rochette the keys to the city. Though the bishop managed to escape, other prominent Catholics were systematically detained, too. According to Allan Tulchin’s That Men Would Praise the Lord: The Triumph of Protestantism in Nimes, 1530-1570, “[i]t seems clear that the Protestant leadership intended to conduct a general roundup of Catholic lay and clerical leadership. Protestant forces targeted at least half of the sixteen men who had served as consul between 1564 and 1567 … of the nine Catholic members of the presidial, only two did not appear among the victims.”

Captive Catholics were detained in several buildings around the city, notably in the city hall. It is not known to what extent the kill lists to cull from these unfortunates were preordained and to what extent they were improvised in the moment, but on the night of September 30, summons for specific victims went out, and Protestant squads complied by dragging them out of the city hall basement or wherever else they were held to the courtyard of the bishop’s palace. This would be the makeshift abattoir.

In the narration of Dumas,

when night came the large number of prisoners so imprudently taken began to be felt as an encumbrance by the insurgent chiefs, who therefore resolved to take advantage of the darkness to get rid of them without causing too much excitement in the city. They were therefore gathered together from the various houses in which they had been confined, and were brought to a large hall in the Hotel de Ville, capable of containing from four to five hundred persons, and which was soon full. An irregular tribunal arrogating to itself powers of life and death was formed, and a clerk was appointed to register its decrees. A list of all the prisoners was given him, a cross placed before a name indicating that its bearer was condemned to death, and, list in hand, he went from group to group calling out the names distinguished by the fatal sign. Those thus sorted out were then conducted to a spot which had been chosen beforehand as the place of execution.

This was the palace courtyard in the middle of which yawned a well twenty-four feet in circumference and fifty deep. The fanatics thus found a grave ready-digged as it were to their hand, and to save time, made use of it.

The unfortunate Catholics, led thither in groups, were either stabbed with daggers or mutilated with axes, and the bodies thrown down the well. Guy-Rochette was one of the first to be dragged up. For himself he asked neither mercy nor favour, but he begged that the life of his young brother might be spared, whose only crime was the bond of blood which united them; but the assassins, paying no heed to his prayers, struck down both man and boy and flung them into the well. The corpse of the vicar-general, who had been killed the day before, was in its turn dragged thither by a rope and added to the others. All night the massacre went on, the crimsoned water rising in the well as corpse after corpse was thrown in, till, at break of day, it overflowed, one hundred and twenty bodies being then hidden in its depths.

Dumas is indulging poetic exaggeration of the scene, and later estimations of the number of victims range well below 120 — but Tulchin quotes a leather worker who saw the courtyard on the following day and described it as “all covered with blood and the water of the well all red.” Even “merely” twenty or thirty victims slashed to death would have been a gory work.

In the days following, Huguenots would cement their control of Nimes with the systematic pillage of churches and (after a six-week siege) the capture of the city’s royal garrison. There was no general massacre after the Michelade; in the main, Catholics were forced into submission or exile instead of the grave.

But the effusion, combined with Huguenot attacks further north, helped to trigger the (very brief) “Second War” within the Wars of Religion which gave way after a short truce to the much bloodier “Third War” of 1568-1570 … whose peace would be broken by a Catholic sectarian massacre much better remembered to history than the Michelade.

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Entry Filed under: 16th Century,Arts and Literature,Borderline "Executions",Cycle of Violence,Disfavored Minorities,Execution,France,God,History,Known But To God,Lawyers,Mass Executions,Politicians,Power,Put to the Sword,Summary Executions

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1946: Vojtech Tuka, Slovakian Prime Minister

Add comment August 20th, 2015 Headsman

Slovak fascist politician Vojtech Tuka was hanged on this date in 1946 by the postwar Czechoslovakian government.

A lawyer, academic, and journalist, Tuka spent the decade leading up to World War II in prison for inciting Czechoslovakia’s Slovakian half to break with the Czechs.

These calls found their footing in 1938-39 when the Third Reich’s expansion crippled Czechoslovakia; a newly autonomous Slovak region under Prime Minister Jozef Tiso soon began pushing for outright independence.

In fact, one of the last actions of the pre-war Czechoslovakian state was to deploy troops to occupy Slovakia under martial law and (momentarily) depose Tiso on March 9, 1939. This desperate attempt to preserve Czechoslovakia was the action triggering Germany’s outright takeover of Czech territory. Tiso was in full support, and in reward he got restored as leader of the now “independent” Slovakia … in reality a German client state.

Tuka was right there for the ride.

In October 1939, Tiso became President of Slovakia, and appointed our man Vojtech the Prime Minister. Tuka would hold that office for the bulk of the coming war years, until ousted by the Slovak National Uprising late in 1944, and distinguish himself early for his enthusiasm in deporting Jews to German camps — and implementing comprehensive domestic anti-Semitic laws.*

But that decade in prison had not done Tuka’s health any favors. He suffered a stroke late in the war, and emigrated, wheelchair-bound, to Austria. He was arrested there and returned to Slovakia; by the time of his trial, he had suffered multiple strokes and was partially paralyzed.

Nevertheless, he was condemned as a war criminal for throwing Slovakia into war against the Soviet Union and for the defeated Slovak Republic’s anti-Jewish measures.

* Dieter Wisliceny, an Eichmann assistant, was a key German liaison to the Slovaks.

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Entry Filed under: 20th Century,Capital Punishment,Czechoslovakia,Death Penalty,Execution,Hanged,Heads of State,History,Intellectuals,Lawyers,Politicians,War Crimes

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1865: Not Lambdin P. Milligan, ex parte man

Add comment May 19th, 2015 Headsman

This date in 1865 was the originally scheduled hanging of Indiana pro-slavery gadfly Lambdin P. Milligan — a sentence respited two days prior by President Andrew Johnson, and then subsequently commuted, for which reason Milligan survived to attach his surname to a landmark Supreme Court decision the following year.

During the Civil War, the state of Kentucky was a borderlands claimed by, and viciously fought over, by both North and South. “I hope to have God on my side, but I must have Kentucky,” Abraham Lincoln wrote in 1861.

Kentucky’s northern neighbor, the Union breadbasket Indiana, had little fighting and no hint of Confederate power — but it was a hotbed of so-called “Copperheads”, northern Democrats who opposed Lincoln’s willingness to prosecute the civil war. So fraught was the Hoosier political situation that in 1862, Indiana’s Republican governor refused to call the Democrat-dominated legislature for fear that it might vote a secession bill or attempt to withdraw Indiana from the war.

The inevitable existence of northern domestic opposition to the war came joined at the hip to impossible statecraft conundrums. Just how much wartime dissent and/or resistance could be countenanced — as a legal matter, and a practical one? President Lincoln would not have received an A+ from the American Civil Liberties Union; he suspended the writ of habeas corpus in the Union and resorted to military tribunals and martial law in some places.

Our man Milligan was one of these Copperhead Indiana Democrats born to test Washington’s elasticity. He was an exponent of the Knights of the Golden Circle,* a pro-slavery secret society whose name denoted their aspiration to the antebellum filibusters‘ dream of a human-bondage empire to ring the Caribbean basin.

An attorney,** Milligan briefly became the toast of Democrats nationwide (whatever was left of the nation) for his robust defense of Clement Vallandigham when the former Congressman was prosecuted under the anti-Copperhead General Order 38.

At this point, Milligan was very well-known in what was then called the Northwest, and he was a major political player in Indiana — a pivotal state in the 1864 election.

But according to federal spies who tailed him in 1863-64, his interests in governance ran to more illicit grants of state power. Milligan was arrested in October 1864 as a principal in what was dubbed the “Northwestern Conspiracy”: a plot to mobilize the antiwar factions in that part of the country. This was no mere matter of pamphleteering; the “visionary and desperate” scheme aimed to prolong the hopes of the now-fading South by instigating an armed uprising in the Northwest that would relieve Union pressure on Dixie and perhaps turn the tide of the war.

Milligan was among several of the conspirators swept up in arrests in the following weeks, then tried by military tribunal for treason and sedition. It’s hard to argue that the plot was anything but.

But why a military court? This is the question in Milligan’s great legacy to posterity, the Supreme Court ruling Ex Parte Milligan.†

Milligan himself was not a soldier, and had not been in a war zone. He was a civilian, and Indiana’s regular civilian courts had never ceased to function. The question at stake in Milligan’s appeal to the Supreme Court was whether there was any legitimate recourse to a military tribunal under such conditions — well behind the lines, as it were.

On the morning of March 5, 1866, 34-year-old Republican U.S. Representative James Garfield — the future president whose assassin would command contentious caselaw all his own — strode into the U.S. Supreme Court to eloquently argue Milligan’s side.

“Such a doctrine,” Garfield intoned of the civilian courts’ being intentionally bypassed on national security grounds, “is too monstrous to be tolerated for a moment; and I trust and believe that … it will receive its just and final condemnation. Your decision will mark an era in American history. the just and final settlement of this great question will take a high place among the great achievements which have immortalized this decade. It will establish forever this truth, of inestimable value to us and to mankind, that a republic can wield the vast enginery of war without breaking down the safeguards of liberty; can suppress insurrection, and put down rebellion, however formidable, without destroying the bulwarks of law; can, by the might of its armed millions, preserve and defend both nationality and liberty … if the protection of the law shall, by your decision, be extended over every acre of our peaceful territory, you will have rendered the great decision of the century.

The high court found for Milligan unanimously, establishing as a constitutional bedrock Garfield’s proffered principle that civilian courts must try civilians wherever those courts are open, and ordered Milligan’s release. Although re-indicted by a civilian grand jury, Milligan was not re-prosecuted; he resumed his law practice and died near Fort Wayne, Indiana on December 21, 1899.

* Also known as the Sons of Liberty, a callback to revolutionary patriots.

** Milligan studied law in Ohio, his native soil; his class of nine also included Edwin M. Stanton — Lincoln’s War Secretary during the events of this post. Milligan himself reflected that “I should have probably been hung” but for his fortuitous ancient friendship with Stanton.

† Court precedents with names like Furman v. Georgia are most familiar to us, signifying two disputing parties; by contrast, the phrase ex parte (by/for the party) theoretically indicates a decision issued on behalf of the named party, without need of any opposing party’s intervention. (Ex parte Quirin is another notable death penalty case using this terminology.)

While the ex parte locution was once a common one for habeas corpus appeals, such cases were in practice almost invariably contested by some organ of the state — as Milligan’s was.

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Entry Filed under: 19th Century,Activists,Capital Punishment,Death Penalty,Execution,Hanged,History,Indiana,Lawyers,Not Executed,Notable Jurisprudence,Pardons and Clemencies,Politicians,Power,Treason,USA,Wartime Executions

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1945: Anacleto Diaz, Philippines Supreme Court Justice

1 comment February 10th, 2015 Headsman

Supreme Court justice Anacleto Diaz and his two sons were among 300 Filipinos machine-gunned by the Japanese on this date in 1945 during the Battle of Manila.

The distinguished 66-year-old jurist had served in his youth in the forces of independence fighter Antonio Luna. Diaz was captured by the Americans, and honed his English so well as a POW that he later built a career as a legal scholar in the American-governed archipelago. He was appointed to the Philippines Supreme Court by U.S. President Franklin Delano Roosevelt.

Diaz and his comrades were far from the only civilians to suffer during the bloody monthlong Battle of Manila: Japanese troops conducted intermittent atrocities both wholesale and retail, collectively known as the Manila Massacre. Japan’s commanding general, Tomoyuki Yamashita, was hanged as a war criminal in 1946 due to the Manila Massacre in a highly controversial case — since the Manila Massacre’s atrocities couldn’t be attributed directly to Yamashita’s own orders. But the U.S. war crimes tribunal found, and the U.S. Supreme Court agreed, that the subordinate troops’ actions redounded to the account of their superiors who “fail[ed] to discharge his duty as a commander to control the acts of members of his command by permitting them to commit war crimes.”

This is one of the foundational cases for that opportunistically observed precedent known as “command responsibility” (indeed, this is the “Yamashita Standard”).

As one might guess by the late date and the juridical aftermath, this Battle of Manila ended in an American victory reconquering a now-devastated Philippines capital, and driving the Japanese from the Philippines — making good Gen. Douglas MacArthur‘s famous promise to return there.

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Entry Filed under: 20th Century,Execution,History,Intellectuals,Japan,Judges,Lawyers,Mass Executions,No Formal Charge,Occupation and Colonialism,Philippines,Shot,Summary Executions,Wartime Executions

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1578: Kort Kamphues, outlaw judge

Add comment December 9th, 2014 Headsman

Most judges are content to inflict their atrocities with a gavel, but on this date in 1578, a magistrate turned freebooter named Kort Kamphues was beheaded at Bevergern.

Just a few months before his July 1553 death, Prince-Bishop Franz von Waldeck set Kamphues up for his interesting career arc by appointing him Stadtrichter of Coesfeld.

Kamphues’s overbearing presumptions on the perquisites of that sinecure, coming on more than one occasion to physical violence, led other city leaders to petition unsuccessfully for his removal in 1569.

But his attempt in 1572 to assemble a mercenary army on the pretext of getting involved in Spain’s war in the Netherlands led to a definitive break with Coesfeld — which tried to arrest him, and then outlawed him when he escaped with his armed posse into the Westphalian countryside.

For several years, Kamphues and gang marauded merrily until a clumsy bid to frighten a new Coesfeld magistrate led to an arson attack on the city. Kort Kamphues was captured on June 19, 1578, and tortured into confessing to arson, banditry, and breaching the peace — gaining a permanent place in folklore at the small expense of his head.

The Kamphues Dagger, a beautiful 14th century artifact later documented in the Coesfeld treasury, is supposed on sketchy evidence to have been captured from this brigand.


A replica of the Kamphues Dagger, at the city museum in Walkenbrückentor. (cc) image from Günter Seggebäing.

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Entry Filed under: 16th Century,Arson,Beheaded,Capital Punishment,Common Criminals,Crime,Death Penalty,Execution,Germany,History,Judges,Lawyers,Outlaws,Public Executions,Theft,Torture

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1793: Antoine Barnave, constitutional monarchist

Add comment November 29th, 2014 Headsman

I want a hero: an uncommon want,
When every year and month sends forth a new one,
Till, after cloying the gazettes with cant,
The age discovers he is not the true one

Barnave, Brissot, Condorcet, Mirabeau,
Petion, Clootz, Danton, Marat, La Fayette
Were French, and famous people, as we know;
And there were others, scarce forgotten yet,
Joubert, Hoche Marceau, Lannes, Desaix, Moreau,
With many of the military set,
Exceedingly remarkable at times,
But not at all adapted to my rhymes.

-Lord Byron, Don Juan

On this date, French Revolution orator Antoine Barnave — a founder of the short-lived Feuillants faction — became short-lived himself courtesy of the Paris Terror.

Just one of the side courses when the Revolution devoured its own children, Barnave (English Wikipedia entry | French) was a smart young avocat in the 1780s who distinguished himself at the Parlement of Grenoble.

Avant-garde ideas like political power redistributed to reflect “the new distribution of wealth” were just the sort of revolution that a wealthy lawyer could get behind.

Duly elected at the ripe old age of 27 to France’s watershed (and last) Estates-General of 1789, Barnave was a very early member of the Jacobin Club. You know, before it was cool.

Barnave’s genteel vision of the Revolution transferring the estates of the ancien regime into the mercantile hands of his friends in the bourgeoisie fell spectacularly to pieces in 1791.

That April, Mirabeau died. He was Barnave’s great debating rival in the Jacobin Club, but both men actually represented the same fundamental persuasion: constitutional monarchy. Needless to say, this Revolution was not built to halt at that particular milepost.

Within mere weeks, almost as if the players had been awaiting the literal death of Mirabeau’s moderation, events hurtled past Barnave’s sensibilities. The desperate royal family made its ill-chosen flight to Varennes in June, and the well-regarded Barnave was one of the Constituent Assembly delegates sent to escort Louis XVI back to a Paris now boiling with republican sentiment. Did not the sovereign’s literally attempting to desert from his patrimony entail an abandonment of his station?

In perhaps the pinnacle of Barnave’s rich career in political oratory, he delivered to the National Assembly on July 15 a thundering no to that proposition, challenging his fellow delegates to choose “between attachment to the Constitution and resentment against a man.”

I ask to-day of him among you who may have conceived every kind of prepossession and the deepest and most violent resentment against the executive power — I ask him to tell us whether his anger with that power is greater than his attachment to the law of his country.

Those who would thus sacrifice the Constitution to their resentment against one man seem to me far too liable to sacrifice liberty in their enthusiasm for another; and since they love a republic, now is the time to say to them: How can you wish for a republic in a nation where you hope that the action, easily pardoned after all, of an individual who has much to plead in his justification, that the action of an individual, who though certain qualities of his are now condemned, long possessed the people’s affection — when, I say, you hoped that the deed he has done might change our Government, how was it that you were not afraid that this same variableness of the people, if once they were moved by enthusiasm for a great man, by gratitude for great deeds — because the French nation, you know it, can love much better than it can hate — would overthrow your absurd republic in one day? (Source)

Barnave, to his grief, was entirely clear on what he desired in July of 1791: “all change is fatal now; all prolongation of the Revolution is disastrous now; the real question to my thinking is this, and the national interest is bound up with it; are we going to end the Revolution, or are we going to begin it again?”

His speech carried the motion on July 15th: Louis remained king. Still, the Revolution did not exit into past tense on Barnave’s say-so, and certainly not on so insubstantial a basis as “a resolve to be peaceful, a common resolve, a drawing together.”

He had the applause of the Assembly, which printed his speech for national distribution. But tempestuous debates broke out in Jacobin clubs and other radical circles, and amid intemperate accusations of treasonable conduct by the all-change-is-fatal-now crowd there were oaths sworn never to recognize the kingship of Louis XVI.

On July 17, a huge crowd led by Georges Danton filled the Champs de Mars to petition Louis’s removal. And in response to the Jacobin Club’s announced intention to support this demonstration — which turned into a galvanizing massacre when the Marquis de Lafayette had his national guardsmen fire on the protesters — Barnave with his friends and political allies Adrien Duport and Alexandre Lameth dramatically abandoned the Jacobins and split off the rival Feuillants.

In their day, this so-called “triumvirate” had been the Jacbins’ left wing. By now, they were the the revolution’s conservatives: the monarchists against the republicans, and the guys who liked the Revolution’s existing changes just fine.

“If the Revolution takes one more step, it cannot do so without danger,” Barnave intoned in that July 15 address of his. (Source) “If it is in the direction of liberty, the first act to follow could be the destruction of royalty; if it is in the direction of equality, the first act to follow could be the violation of property … is there still to be destroyed an aristocracy other than that of property?”**

Not everyone found those one-more-steps quite so terrible to contemplate as did the the silver-tongued Grenoble barrister.


Political cartoon of the Janus-faced Barnave — the man of the people in 1789, turned the man of the royal court in 1791.

If we have the luxury from posterity to smile at the notion of the Revolution’s peacably halting itself in 1791, the Feuillants had cause in their moment to think they could pull the trick.

Their move at first dramatically weakened the Jacobins, as the ranks of moderates flocked to Barnave’s prestige and eloquence. The Paris Jacobin Club lost three-quarters of its membership almost overnight, and most of its Assembly deputies. Public sentiment, at least so well as its contemporaries could discern, veered towards Barnave as well, and he was able to finalize the long-awaited Constitution of September 1791 preserving a number of important executive powers for the king’s own person.

The period of governance under that constitution opened with an address by the king that Barnave had written for him; its first few months are the “Feuillant Ministry”. Barnave was the beleaguered royal family’s chief advisor in this period.

But the Feuillant Ministry was crumbling almost from its inception. Its supporting club was founded on abhorrence for the popular politics whose force was still being uncovered in the Revolution; Barnave wanted nothing so much as the end of such societies altogether. So while the monarchists had secretaries exchanging delegated backslaps at private confabs, the reduced Jacobins — now the most passionate rump, helpfully purged of their milquetoast liberals — redoubled themselves under the sway of men like Marat and Robespierre. Barnave’s apparent alignment with the now-constitutional monarch gave legs to the “royalist” charge that was more and more laid at his feet, and Jacobin Clubs soon began receiving as prodigals former members who had found their dalliances with the Feuillants unsatisfactory.

Barnave and his faction came under relentless siege by pamphleteers, journalists, and radical democrats. One wonders if, in the end, Barnave took some cold comfort in having seen an implacable antagonist like Brissot precede him to the guillotine when his own Girondin faction, formerly the fire-eaters, tipped over the Revolution’s starboard bulwarks.

Meanwhile, the impolitic demand emanating from Marie Antoinette’s brother, the Holy Roman Emperor that the French royal family be safeguarded put France on its way to war with Austria, an outcome entirely contrary to not taking one more revolutionary step.

The hounded Barnave retired to Grenoble in January 1792 by which time the constitution he had so diligently promulgated had already virtually ceased to function, and he himself lost influence with both the king and the Assembly. In the months to follow the war tocsin undid his fellow-constitutionalists remaining in Paris. Consigned to the sidelines, their faction was arrested as royalists after the August 10, 1792 overthrow of the Bourbons.

Barnave’s papers were inventoried for hints of treasonable correspondence with the fallen king and queen, but as the curtain had not yet raised on the Terror — and Barnave had not been deported to the prisons of the capital in time for the September Massacres — he had an uncommonly lengthy period of political imprisonment. Barnave exercised this time composing his De la Révolution et de la Constitution (later published as Introduction à la révolution française), an economic history arguing that the rise of industry and manufacturing had transferred the leading role from France’s aristocrats to her bourgeoisie.

With the onset of the Terror, he was shipped to Paris to face treason charges owing to correspondence with Marie Antoinette, where his famous oratory took its last public turn for an audience that had stopped up its ears.

Finally, citizens, I recall this to you; I might have left France in all safety. Perhaps those who still love me will have reason to lament that I did not do what was so easy for me; but, whatever happens, I shall not have to reproach myself with having challenged the judges of my country, with having cast doubts on their integrity, their justice. I shall be sacrificed perhaps, but I had rather owe my ruin to human error than have pronounced my own condemnation. I shall carry to the scaffold the same calmness which you have seen me show in the debate, and to the last moment I shall pray for the welfare of my country. (Source)

He was beheaded with four other people at the Place de la Revolution on the morning of the very next day.

French speakers might enjoy this public domain book by Jules Gabriel Janin. This post has also quoted several times from Eliza Dorothy Bradby’s 1915 English biography of the man.

* It later emerged that Mirabeau was being paid by the royalist party.

** One of the steps towards equality so troubling to Barnave had been a push among Jacobin radicals to resolve upon the emancipation of black slaves in the colonies. Fretting the loss of, e.g., the lucrative sugar revenues of Saint-Domingue (Haiti), Barnave staunchly opposed this; he was one of the leading lights of the pro-slavery Massiac Club. (French link)

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Entry Filed under: 18th Century,Beheaded,Capital Punishment,Death Penalty,Execution,Famous,France,Guillotine,History,Intellectuals,Lawyers,Mass Executions,Politicians,Public Executions,Treason

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1936: Jose Antonio Primo de Rivera, Falange founder

1 comment November 20th, 2014 Headsman

On this date in 1936, the Spanish Republicans shot Don José Antonio Primo de Rivera y Sáenz de Heredia, 1st Duke of Primo de Rivera, 3rd Marquis of Estella, Grandee of Spain.

The son of Spain’s 1920s dictator, Primo de Rivera founded in 1933 the Falange, Spain’s native fascist movement.

At the October 29 founding convention that year at Madrid’s Theatre of Comedy, Primo de Rivera scathingly pilloried the wan democratic rituals that coming years’ conflict would sweep aside. “The most ruinous system of wasted energy,” he jeered at liberal democracy, where men with leadership waste their talents in hollow electoral hustling and parliamentary rigmarole while the nonsensical ephemeral whims of a formless plurality pass for the vision he attributed to the time before Rousseau ruined everything. “What alone mattered to the liberal state was that a certain number of gentlemen be sitting at the polling station, that the voting start at eight o’clock and end at four, that the ballot boxes not get smashed — when being smashed is the noblest aspiration of all ballot boxes.” (The full speech is available in Spanish here.)

Primo de Rivera espoused for Falangismo the same impulses — of unity, of destiny, of national rebirth, of the triumphant collective — that animated Europe’s similar extreme right stirrings in those years. Only 35 years before, Spain had lost her empire, near enough in memory to inform an acute ache of loss.

In a poetic sweep we will raise this fervent devotion to Spain; we will make sacrifices, we will renounce the easy life and we will triumph, a triumph that — you know this well — we shall not obtain in the upcoming elections. In these elections vote the lesser evil. But your Spain will not be born out of them, nor does our frame for action reside there. That is a murky atmosphere, spent, like a tavern’s after a night of dissipation. Our station is not there. I am a candidate, yes, but I take part in these elections without faith or respect. And I say this now, when so doing may cost me every vote. I couldn’t care less. We are not going to squabble with the establishment over the unsavory left-overs of a soiled banquet. Our station is outside though we may provisionally pass by the other one. Our place is out in the clear air, beneath a moonlit sky, cradling a rifle, and the stars overhead. Let the others party on. We stand outside vigilant; earnest and self-confident we divine the sunrise in the joy of our hearts.

Unlike the Naziism in Germany or Fascism in Italy, Falangism never grew into a force capable of conquering state power itself. Just thirty-three months after Primo de Rivera’s founding address, the Spanish Civil War erupted. The Falangists’ alliance with Francisco Franco — after the war, they would be combined with the Carlists into the only legal political association* in Francoist Spain — spelled great gains for their membership rolls but it was still the General who called the shots.**

Primo de Rivera’s share in this alliance was a voluptuous cult of personality as Spain’s preeminent right-wing martyr, fine posthumous work if you can get it mitigated only by the necessity of undergoing the martyrdom. The fascist prophet was already in prison at the time Franco struck the first blow of the war: he’d been arrested in Madrid on weapons charges. From his cell he carried on a brazen correspondence with Nationalists conniving to subvert the hated Spanish Republic, and when his activities were discovered and prosecuted that autumn in light of Franco’s July revolt they could scarcely have been better framed to incur the utmost measure of judicial wrath.

In consequence of his martyrdom, November 20 remains down to the present a hallowed day for the far right in Spain.


“Cara al Sol” (“Facing the Sun”) is the Falangist anthem; the lyrics are generally credited to Primo de Rivera.

* The Falange Española Tradicionalista y de las Juntas de Ofensiva Nacional-Sindicalista, or “Spanish Traditionalist Phalanx of the Assemblies of National-Syndicalist Offensive” (FET y de las JONS) — or less exhaustingly, the Movimiento Nacional (National Movement).

** Primo de Rivera and Franco didn’t like each other much personally, either.

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1591: Barnabe Brisson, at the hands of the Sixteen

Add comment November 15th, 2014 Headsman

On this date in 1591, the summary execution of Barnabe Brisson and two other French doctors of law signaled the beginning of the end of France’s Wars of Religion.

After the untimely death of Henri II in a freak jousting accident, his widow Catherine de’ Medici employed three frustrating decades shuttling the late monarch’s uninspiring offspring onto the throne only to see each in his turn die young and without issue. We are by these late years on to the last of Henri II’s sons — Henri III of France.

Actually, Henri wasn’t the last: just the last left alive. He had a younger brother, Francis, Duke of Anjou, who dropped dead in 1584 of malaria and left Henri III as the only Valois male. The heir presumptive after Henri III was his Calvinist brother-in-law Henri of Navarre. Spoiler alert: by the end of this post, Henri of Navarre is going to get there as King Henri IV.

The Catholic-vs.-Huguenot Wars of Religion had raged in France for many years but the last major installment of the bloody serial was the War of the Three Henrys: the two Henris aforesaid, plus the Duke of Guise, also named Henri — the standard-bearer of Catholic zealots.

Our present-day presumption of live-and-let-live spirituality was bequeathed from the Enlightenment only after it had been hard-won by centuries previous. In France of the 1500s, the most extreme (but by no means marginal) Catholic party saw the very existence of a Huguenot faction — and the fact that more moderate Catholic politiques were prepared to tolerate and treat with them — as an existential threat to the kingdom. Catholicism in the literal universal sense was intrinsic to France itself: if she should cease to be so, what would become of her? A 1589 pamphlet extolled what

an admirable thing [it is] to view the ardor and the devotion of everyone in France, the air resounding with prayer and processions of our youth who are purified by our prayers and by the common voice which is spread throughout this kingdom; we demonstrate that the benedictions and maledictions of a people have great effects.

With such great effects at stake, the pious ought not abide any fooling around with Providence. “If your brother, your friend, and your wife all of whom you hold dear wish to strip you of your faith,” wrote Louis D’Orleans in 1588, “kill them, cut their throats and sacrifice them to God.”*

This was a faction for whom Henri of Navarre’s prospective succession was absolutely intolerable, which makes it somewhat ironic that they themselves soon turned prospect into reality.

King Henri III was a Catholic himself, of course, and this irreconcilable Catholic League was part of what you might call his base. But though initially allied, the League’s attempts to dominate the young king led Henri III to execute a daring breakout: on December 23, 1588, he summoned the Duke of Guise to confer with him at the Chateau de Blois and there had his bodyguards murder Guise on the spot.


Just two Henries now …** (Executed Today’s court painter Paul Delaroche interprets that same scene here.)

The resulting fury of the Catholic League was so great that the king soon fled Paris and made common cause with Henri of Navarre. Now the civil war was the two Henris together — and the Catholic League opposing them. We come here to our date’s principal character, Barnabe Brisson (English Wikipedia entry | French), a distinguished jurist† in the Parlement of France. While most of this chamber followed the king out of Paris, Brisson chose to remain. “The Sixteen,”‡ the council of Catholic militants who now ruled Paris with the support of a populist militia, elevated Brisson to President of the Parlement.

In 1589 the Henris besieged staunchly Catholic Paris in an attempt to bring the civil war to a close. In a classic Pyrrhic victory, the League defeated this attempt by having a priest assassinate King Henri.


… and now we’re down to the last Henri.

While this action did break the siege, and avenge the murder of Guise, it made Henri of Navarre into King Henri IV. (Told you we’d get there.) The Catholic League’s attempt to recognize the new king’s uncle, a Cardinal, as the successor went nowhere at all, and at any rate this man himself died in 1590.

This succession greatly deepened the internal tension among Paris Catholics between the uncompromising men of the Sixteen and the moderate politiques, and the latter party’s interest in finding with the legitimate king a settlement that looked increasingly inevitable. After all, were these armed commoners really going to rule Paris indefinitely?


An armed march of the Holy League in Paris in 1590. (Anonymous painting)

The situation provoked the ultras among Paris’s ruling Sixteen to more desperate measures in a vain effort to maintain control. Their faction’s own post-Guise leader among the high nobility, the Duke of Mayenne, had refused inducements to seize the crown himself or to seat a sovereign provided by the League’s Hapsburg allies. He too was visibly sliding towards an accommodation with the heretic king. (He would reach one in 1596.) In much the same camp was an establishment figure like Brisson whose staying behind in Paris during the confused situation of 1588-1589 was scarcely intended to declare that his allegiance to creed surpassed all care for order. The man was a lawyer, after all.

During Mayenne’s absence from the capital in the autumn of 1591, the Sixteen mounted a radical internal coup and attempted to purge the city’s moderates. Brisson was arrested walking to work on the morning of the 15th and subjected along with two other jurists to a sham snap trial. All three were hung by lunchtime, and per a proposal floated among the council that afternoon were the next morning fitted with denunciatory placards and displayed on gibbets at the Place de Greve.

Barnabé Brisson, a chief traitor and heretic

Claude Larcher, an instigator of treacherous politiques

Jean Tardiff, an enemy of God and of Catholic princes

Their shocking exhibition was intended to incite a “St. Barthelemy des politiques” — a St. Bartholomew’s Day-esque pogrom against the politique moderates.

But the Sixteen had badly misjudged the mood of the city. The crowd beheld the mangled corpses silently, full of horror or pity — emblematic of the turning-point France was nearing in its interminable confessional strife. Despite the Catholic League’s strength in Paris, most Parisians were losing their appetite for bloodshed. The Duke of Mayenne was back in the capital by the end of the month and underscored the coming arrangements by seizing four of the Sixteen for summary execution themselves.

Two years later, Henri IV at last took Paris in hand by making a nominal conversion to Catholicism with the legendary (alleged) remark, “Paris is worth a Mass.”§

French speakers may enjoy this 19th century pdf biography of Brisson by Alfred Giraud.

* “Du Contemnement de la mort. Discours accomode a la miserable condition de ce temps” (blockquoted section) and Replique pour le Catholique Anglois, contre le Catolique associe des Huguenots (D’Orleans quote). Both via Dalia Leonardo in “Cut off This Rotten Member”: The Rhetoric of Heresy, Sin, and Disease in the Ideology of the French Catholic League,” The Catholic Historical Review, April 2002.

** Also of interest: this 1908 silent film of the assassination of the Duc de Guise, scored by Saint-Saens.

† Brisson’s dictionary of Justinian legal terminology remained in print until 1805. He also in 1587 produced a compilation of the laws of France as Le Code du Roy Henri III.

‡ The Sixteen were delegates of Paris’s quarters, assembled by the Duke of Mayenne. For detail on the composition and internal history of The Sixteen, see J.H.M. Salmon, “The Paris Sixteen, 1584-94: The Social Analysis of a Revolutionary Movement,” The Journal of Modern History, December 1972.

§ In the end, of course, an entirely unreconciled Catholic extremist assassinated Henri IV in 1610.

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1816: Francisco Jose de Caldas, wise person

Add comment October 28th, 2014 Headsman

Colombia polymath Francisco Jose de Caldas was shot on this date in 1816 during the Spanish commander Pablo Morillo‘s decimation of rebellious intelligentsia in separatist New Granada.

While Europe was mired in the Napoleonic Wars, those United Provinces of New Granada — roughly modern Colombia, which remembers its short-lived New Granada predecessor as la Patria Boba, the Foolish Fatherland — had asserted their independence. As we have detailed previously, it was Morillo who arrived from the mother country to disabuse them of this dream. Morillo did it with such a flair for the merciless that he earned the nickname El Pacificador.

Morillo conquered Bogota by May 1816 and for the rest of the year put large numbers of the pro-breakaway intelligentsia to political trials in an apparent attempt to cripple any future independence movements. (It didn’t work; during this very period, future liberator Simon Bolivar was making his first landings in Venezuela.)

A history by Jose Manuel Restrepo, a political figure of New Granada who was fortunate enough to escape the crackdown, lamented the fate of the men with whom he had once dreamed the dream.

for the space of six months, scarcely a week passed without the execution, in Santa Fe or the provinces, of three, four, or more individuals, shot as traitors. Thus perished the persons of the greatest wisdom, the most virtuous and wealthy, in New-Granada. The object which Morillo had in view, was to extinguish intelligence, remove men of influence, and destroy property, so that, in future, there should be none capable of originating or directing another revolution. New-Granada has deplored, and will for a long time deplore, among other illustrious victims, the loss of Doctors Camilo Torres, Joaquin Camacho, Jose Gregorio and Frutos Gutierrez, Crisanto Valenzuela, Miguel Pombo, Jorge Lozano, Francisco Antonio Ulloa, and Manuel Torices; and of military men, general Custodio Rovira, Libario Mejia, and the engineer Francisco Jose de Caldas. The murder of this celebrated mathematician and philosopher, was a piece of wanton cruelty on the part of Morillo. The exact sciences lost much by his premature death; and the geography of New-Granda especially, retrograded beyond measure, by the loss of the precious works which he had nearly perfected.

The spirit of these dark days is summarized by a reply Morillo supposedly made to petitions for him to spare the wise Caldas: “Spain does not need wise people.”

Present-day Colombia memorializes Francisco Jose de Caldas in the name of a department and numerous public monuments. (He also used to be on the 20-peso note when such a thing existed. Colombia’s smallest paper bill today is 1,000 pesos.)


Statue of Caldas on Bogota’s Plaza de Caldas. (cc) image from Mauromed.

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