Posts filed under 'Politicians'

1374: Tile von Damm, Braunschweig mayor

Add comment April 19th, 2017 Headsman

On this date in 1374, mayor Tile von Damm was beheaded by rebel populares in his home city of Braunschweig (Brunswick).

One of northern Europe’s great Hanseatic merchant cities, Braunschweig enjoyed a rich history of civic unrest — the Braunschweiger Schichten. (Literally shift, but also carrying the sense of rebellion.)


The Great Rebellion in Braunschweig, by Alfred von Schüssler (mid-19th century).

One of its most outstanding installments — the one recalled as the Große Schicht — kicked off on April 17, 1374. (Most of the information about this incident is in German, as are most of the links in this post.) On that evening, a meeting of the ruling council of merchant magnates with its guild chiefs on how to deal with Braunschweig’s crippling debt turned tetchy and spilled into a popular protest. Within hours, as a chronicler would later put it, the devil was set loose in Braunschweig.

Guild protests carried to the “House of the Seven Towers” where Tile von Damm(e) resplended in the manner fitting the city’s mayor and its wealthiest patrician. That house still exists to this day, but the mayor’s thread was measured in mere hours: he was soon hauled out and beheaded on the Hagenmarkt.

Either eight or ten magnates (sources seem to be split on the figure) were slain during these April disturbances with others fleeing as guild rebels took full control of the city, not to be fully restored until 1386 — although in a show of transnational oligarch solidarity, Braunschweig was booted out of the Hanseatic League while the lower orders had the run of the place.


Allegory of the Great Rebellion (1514).

On this day..

Entry Filed under: 14th Century,Beheaded,Borderline "Executions",Businessmen,Capital Punishment,Death Penalty,Execution,Germany,History,No Formal Charge,Politicians,Power,Public Executions,Summary Executions

Tags: , , , , , ,

1864: Jose Maria Chavez Alonso, governor of Aguascalientes

1 comment April 5th, 2017 Headsman

On this date in 1864, the French executed the governor of Aguascalientes.

Elected to the post during early months of the unfolding French intervention in Mexico, Jose Maria Chavez Alonso (English Wikipedia entry | Spanish) was deposed by the invaders in December 1863 — to be succeeded by a different Chavez who met an equally violent fate.

Alonso formed a popular militia and continued a short-lived resistance against the French but was captured early in 1864, and although this was still some months before the dirty war’s notorious “Black Decree” the French determined to make an example of him.

Alonso aside, the Mexican adventure proved a right catastrophe for France and its adherents.

On this day..

Entry Filed under: 19th Century,Execution,France,Guerrillas,History,Mexico,Occupation and Colonialism,Politicians,Power,Shot,Soldiers,Wartime Executions

Tags: , , , ,

1464: Johann Breyde, via Schandbild

Add comment April 1st, 2017 Headsman

On April 1, 1464 mayor of Cologne Johann Breyde was chopped into quarters … with ink.

This startling image does not depict an actual flesh-and-blood execution. It is, instead, an outstanding (and conveniently for our purposes, dated) instance of an artifact from medieval Germany, the Schandbild. Such “defamatory pictures” often supplemented a Schmahbrief or “defamatory letter” — intended, as the names suggest, to impugn publicly the target over a debt, a broken promise, or some other private breach of faith.

Something like 100 of these defamations survive from late medieval and early modern Germany (approximately 1400 to 1600), many of them fantasizing about their debtors’ executions in bloodthirsty scenes that also gesture to the place that ritual, spectacle, and dishonor held on the real-life gallows. Here are a few of the more piquant examples; many more await at a wonderful Pinterest gallery here.

The purpose of defamatory letters and pictures was to bring low the reputation of their target in the eyes of a wider community — leveraging social pressure either for revenge, or to force the defamed to repair the breach.

Matthias Lentz, one of the (regrettably few) historians working on these underappreciated objects, notes* that there are even surviving contracts from Germany, Bohemia and Poland enumerating an “explicit understand about injuring a person’s reputation and bringing dishonour upon a defaulting individual … a clause called Scheltklausel that laid down the practice of publicly scolding a defaulter.” For every Schandbild or Schmähbrief there must have been a dozen other potential swindlers quietly forced by the threat of public infamy to make good their contracts.

Per Lentz, the earliest known instance of an explicit contract dates to 1379, “wherein a ducal councillor accorded a nobleman, in eventuality of the former violating the terms of the contract, the right to denounce him as a fraud by ‘posting his name on the pillory [of the councillor’s home town], or wherever he likes'” — again, linking the “mere” text to the instruments of official corporal punishment.

Nor was it uncommon for the Schmähbrief, if things got to that point, to fantasize about the debtor’s bodily suffering in brutal terms that would like invite an investigation for terroristic threats were the modern debt collection call center to deploy them in its harangue. One quoted by Lentz captioned his illustration thus:

It is customary to judge thieves and traitors according to their offences, the first is sent to the gallows, the second broken on the wheel. As I have not got power to carry out the above-mentioned acts, it is my intention to use the painter to have them painted hanging from the gallows and being tortured on the wheel.

Still, Schandbilder und Schmähbriefe meant to intimidate not physically, but socially.** It was in this capacity that the iconography of the pillory and the scaffold entered the frame: ’twas an infamy to be exposed upon them for a public crime — serving as “an indictment of those who knew the criminal … [and] a punitive stigma over his or her relatives and friends.”† Posting a slur on the repute of a prominent person — for the targets were most always people of rank, who would feel an injury to their status — taxed this same, essential, civic currency.

This is why we should let his shameful picture hang here with his coat of arms, until he has given me compensation recognized by respectable people for those unwarranted things that he and his people did … and ask all those who seek charity, who see him painted hanging, that they let him hang. (Source)

By consequence the execution imagery was strictly optional, one iconographic choice among many. From the too-few examples that survive to us it is plain that creditors delighted in their symbolic chastisement, issuing all the obloquies a grievance could devise, untethered from the confines of possible or the … sanitary.


The Schandbild frequently evinced a scatological fixation.

* Quotes form Lentz’s “Defamatory Pictures and Letters in Late Medieval Germany: The Visualisation of Disorder and Infamy” in The Medieval History Journal, vol. 3, no. 1 (2000). Lentz also has several German-language journal titles on the same topic.

** Not necessarily true of their Italian cousins, pitture infamanti. These were a similar sort of thing, but were issued not privately but by the city-states themselves against absconded offenders — a sort of quasi-execution by effigy. Many of these were painted for public spaces and removed with the passage of time so we have lost exemplars, including the products of masters — the Medici, for example, commissioned Botticelli to grace Florence with pitture infamanti of the Pazzi conspirators, which were whitewashed in 1494.

A characteristic pose for these pictures, also used in Germany, had the “victim” hanging upside-down by one foot, conjoining “metaphors of inversion” (as Robert Mills puts it) to the disgrace of the gallows. This posture is commonly thought to have inspired the “Hanged Man” tarot card.


Left: a pittura infamante study by Florentine Renaissance artist Andrea del Sarto; right: the “hanged man” card from a tarot pack.

*† Maria Boes, “Public Appearance and Criminal Judicial Practices in Early Modern Germany,” Social Science History, Vol. 20, No. 2 (Summer, 1996)

On this day..

Entry Filed under: 15th Century,Arts and Literature,Borderline "Executions",Broken on the Wheel,Executed in Effigy,Execution,Fictional,Germany,Gruesome Methods,History,Italy,Not Executed,Pelf,Politicians,Public Executions,Scandal

Tags: , , , , ,

1702: Not Nicholas Bayard, anti-Leislerian

Add comment March 30th, 2017 Headsman

March 30, 1702 was the date colonial New York spared Col. Nicholas Bayard from undergoing a hanging scheduled later that same day.

A “puzzling affair, made so by frustratingly incomplete documentation,” in the estimate of Adrian Howe, whose William and Mary Quarterly article (January 1990) “The Bayard Treason Trial: Dramatizing Anglo-Dutch Politics in Early Eighteenth-Century New York City” is a key source for this post: it was certainly blowback for the execution a decade earlier of the Dutch merchant Jacob Leisler who seized control of New York in a populist rising to cement its adherence to the Glorious Revolution. Bayard, a colonial elite related to Peter Stuyvesant himself, was Leisler’s superior in the militia but abhorred the Leislerian intervention on behalf of the usurping Dutch king William III.

Bayard got his by helping to manage Leisler’s prosecution all the way to the gallows, even reputedly hosting the new royal governor at his own house while his party plied him with alcohol in a (successful) bid to overcome his reluctance to sign Leisler’s death warrant — a triumph Bayard celebrated by gaily hanging a flag from his window on the day Leisler hanged.

For a man who had recently found it necessary to flee the city for his own safety, he was a reckless provocateur of a foe that grew to hate him. Anglican clergyman John Miller surveyed the city during the intervening years and noticed that the Leisler party “have vowed revenge & Some Say want but an opportunity to effect their purpose.”

As the 18th century dawned, the Leislerian party — more think artisans, against the magnates — was back in control of the New York’s Provincial Council, and could finally see a way to that purpose. It seized on an intemperate petition that Bayard had drawn up against the late, pro-Leislerian governor Bellomont* and turned a 1691 anti-Leisler law-and-order statue against it.

The resulting eight-day trial in early March was a nakedly political operation although New York’s Dutchmen fell a bit short of the Robespierrian standard: it’s not clear whether they really meant to hound Bayard all the way to death or whether the last-minute pardon was the plan from day one. To get it, Bayard had to submit himself as far a very grudging apology for the offense — “which by the said sentence he finds and is convinced he has committed.” Apparently this sullen abasement was enough to satisfy Team Leisler, who cut here a picture of moderation and restraint that would do their countrymen’s latter-day stereotypes proud; when a new governor arrived, Bayard’s condemnation was fully reversed and expunged, “as if no such trial had been.”

This escape and restoration left Leisler to publish a pamphlet against his treatment, An Account of the illegal prosecution and tryal of Coll. Nicholas Bayard, in the province of New-York, for supposed high-treason, in the year 1701.

* Among other things in his venturesome life, Bellomont sponsored William Kidd when he was a somewhat legitimate privateer, but eventually orchestrated Kidd’s capture as a pirate.

On this day..

Entry Filed under: 18th Century,Capital Punishment,Death Penalty,England,Execution,Hanged,History,New York,Not Executed,Occupation and Colonialism,Pardons and Clemencies,Politicians,Power,Public Executions,USA

Tags: , , , , , ,

1601: Henry Cuffe, mingled interest

Add comment March 13th, 2017 Headsman

When Francis Osborne mused “mingle not your interest with a great one’s,” in Advice to a Son, the counsel was suggested by surveying the life of Henry Cuffe, a retainer of the disgraced Earl of Essex who, “tho’ of excellent Parts,” hanged at Tyburn on this date in 1601 on account of his late master’s rebellion. (With him hanged Essex’s stewart, Gilly Merrick.)

A child of the gentry, Cuffe’s academic brilliance landed him a (still-extant) professorship at Oxford. The vain Lord Essex, who prided himself a patron of scholarship, hired him into his retinue in the mid-1590s. Cuffe would prove to be a loyal companion. Too loyal.

He accompanied Essex on the latter’s great foreign adventures, the triumphant raid on Cadiz and the disastrous expedition to Ireland, and was entrusted as the earl’s messenger to Queen Elizabeth when the latter project began to founder. Essex was one of the great men of state and it was through him that Cuffe came in sight of those zeniths of power only dreamt by Oxford dons. But he could only scale them if Essex kept his own footing, too.

Six years or so into their association, Cuffe was all-in on restoring his patron’s favor (and with it, his own) once Essex returned from the Ireland debacle to find himself on the outs. The treason trial against Cuffe would slate him as one of the chief spirits agitating the earl, imprisoned then in Essex House, to break out with his foolhardy rebellion or coup in February 1601.

“Ere long you shall see a change: my lord is like to come in favour again, and be restored to his greatness,” recalled one Essex rebel of Cuffe’s recruitment pitch to him. Once their seizure of power got underway, “We having the face of the state, all will follow and take with us.” It was alleged that Cuffe inveigled Essex against more cautious counselors, arguing that the lord’s charisma was sure to carry the day could he but secure some personal face time with the queen — and that Cuffe stood in line to become the next Speaker of the Parliament, should the wager pay off.

It didn’t. Treason doth never prosper …

Cuffe’s best argument in defense was that he, bookish lad, had never left Essex House at all on the fatal day when other conspirators attempted to march through London, and what treason was that?

“I must confess, as a servant that longed for the honour of his master, I have often wished to see his recalling to the court, and restored to her majesty’s former favour” Cuffe allowed — “but beyond the limits of these desires, my thoughts never carried me, nor aspired to other greatness than to see him again in place of a servant and worthy subject, as before he had been.”

The volume of accusations otherwise from within Essex’s inner circle overwhelmed this defense — most especially so the accusation of the very lord with whom Cuffe had so carelessly mingled his own fortunes. For, four days before Essex lost his own head, that doomed magnate had summoned his prosecutors to the Tower and bid them bring Cuffe to his chamber.

This request being granted him, and Cuffe brought before him, he [Essex] there directly and vehemently charged him; and among other speeches used these words:

Henry Cuffe, call to God for mercy, and to the queen, and deserve it by declaring truth. For I, that must now prepare for another world, have resolved to deal clearly with God and the world: and must needs say this to you; You have been one of the chiefest instigators of me to all these my disloyal courses into which I have fallen.

This is a very fine parting kick in the teeth for a devoted lickspittle. Maybe Osborne’s advice should have been to mingle not your interest with an asshole’s.

On this day..

Entry Filed under: 17th Century,Capital Punishment,Death Penalty,England,Execution,Hanged,History,Intellectuals,Politicians,Power,Public Executions,Treason

Tags: , , , , , , ,

1858: Maniram Dewan, tea infuser

Add comment February 26th, 2017 Headsman

On this date in 1858, the British hanged Assamese grandee Maniram Dewan for joining the 1857 Indian Rebellion.

Maniram was a young man going on 20 when the British wrested control from Burma of the eastern province Assam, and he carved himself a successful career in the empire.

But without doubt his lasting service to the Union Jack and the world was discovering to the British the existence of a theretofore unknown varietal of the tea plant, cultivated in Assam’s monsoon-drenched jungles by the Singhpo people* — a fact of geopolitical significance since it augured a means to crack the Chinese stranglehold on tea supply so taxing to the current accounts.** Today, rich Assam tea is one of the world’s largest tea crops, yielding 1.5 million pounds annually.

Maniram himself was among its earliest commercial cultivators (in fact, the first native Indian cultivator), setting up with an estate at the village of Chenimora in the 1840s, but the next decade found him increasingly irritated by the injuries British avarice to the extent that he began intriguing to restore the lately dispossessed kings.

With the outbreak of rebellion in 1857, Maniram and the like-minded made their move to restore the Ahom heir Kandarpeswar Singha but the plot was betrayed and landed its authors in irons.

Although he suffered the law’s last extremity for his plot, Maniram’s name lives on in honor in modern India. A trade center in Assam’s largest city bears his name, for instance; and, when India declared tea its official drink in 2013, it timed the announcement to fall on Maniram’s birthday (April 17, 1806).

* It goes without saying that imperial recognition of their secret produce did not redound to the benefit of the Singhpo. Although Singhpo assembled the very first export crop, much of their land was soon gobbled up by tea plantations, and when they rebelled in 1843 the East India Company annexed it outright. “Now it is said that where the tea grows, that is yours, but when we make sacrifices we require tea for our funerals,” a Singhpo chief wrote the Company, mournfully. “We therefore perceive that you have taken all the country, and we, the old and respectable, cannot get tea to drink.” (Source)

** China required payments in specie for tea, an imbalance which London tried to redress by foisting an undesirable import upon China — resulting in the Opium War.

On this day..

Entry Filed under: 19th Century,Businessmen,Capital Punishment,Death Penalty,England,Execution,Famous,Hanged,History,India,Martyrs,Occupation and Colonialism,Politicians,Power,Treason,Wartime Executions

Tags: , , , , ,

1329: The effigy of Pope John XXII, by Antipope Nicholas V

1 comment February 19th, 2017 Headsman

On this date in 1329, as Wikipedia puts it, Antipope Nicholas V “presided at a bizarre ceremony in the Duomo of Pisa, at which a straw puppet representing Pope John XXII and dressed in pontifical robes was formally condemned, degraded, and handed over to the secular arm (to be ‘executed’).”

Despite the show of force, Nicholas V was on his last legs at this moment as antipope.

He’d been elevated to the putative papacy by Holy Roman Emperor Louis IV. In this, Nicholas was a throwback to an old rivalry between popes and emperors compassing both authority within the church, and authority on the Italian peninsula, a conflict which had generated several German-backed antipopes in centuries previous. Though not the last antipope in history, Nicholas has the distinction of being the last imperial antipope.

Louis (or Ludwig) had a pique of long standing with Pope John XXII dating back to John’s unwelcome intervention in his, Louis’s, disputed accession as emperor: back in 1314, a divided imperial electorate had wrought a “double election” of the Wittelsbach Louis and the Habsburg Frederick the Fair, a circumstance that resulted in civil war within the empire.

While officially neutral in the fight, the pontiff exploited the opportunity to claw back ecclesiastical authority by asserting that the imperial throne was vacant and its edicts null until the papacy had blessed the claimant. Louis told John to pound sand.

Certain persons, blinded by avarice and ambition, and totally ignorant of the Scriptures, have distorted the meanings of certain passages by false and wicked interpretations, and on this basis have attacked the imperial authority and the rights of the emperors, electors, and other princes and subjects of the empire. For they wrongfully assert that the emperor derives his position and authority from the Pope, and that the emperor elect is not the real emperor until his election is confirmed and approved, and he is crowned by the pope … We now declare … that the emperor holds his authority and position from God alone … he has full power … without the approval, confirmation, authorisation or consent of the pope or any other person.

-Sachsenhausen Appellation, 1324 (as translated here)

John excommunicated Louis, and Louis, well, he did the same to John — seizing on the pope’s hostility towards the movements for clerical poverty as excuse to declare put a Spiritual Franciscan into St. Peter’s Throne on his own say-so as imperial armies smashed through Italy.* If a pope was going to crown Louis, it was going to be his pope.


Antipope Nicholas V crowns Louis IV in May 1328.

Peter of Corbara (Pietro Rainalducci) had barely two years to deny himself the emoluments of antioffice before Louis’s withdrawal required his own submission to the man he had executed in effigy. John XXII didn’t go nearly that hard on the former “Nicholas V”: merely absolved him after confession and kept him comfortably imprisoned at the papal palace in Avignon until the would-be usurper’s peaceful death in 1333.

* This conflict forms the backdrop for Umberto Eco’s The Name of the Rose, set in late 1327. The narrator-monk Adso refers in his epilogue to having heard of the antipope’s elevation soon after leaving the monastery where the bulk of the novel’s action occurs.

On this day..

Entry Filed under: 14th Century,Borderline "Executions",Burned,Executed in Effigy,Execution,God,Heresy,History,Italy,Not Executed,Occupation and Colonialism,Pisa,Politicians,Power,Public Executions,Religious Figures

Tags: , , , , , , , ,

1836: Felipe Santiago Salaverry, President of Peru

1 comment February 18th, 2017 Headsman

On this date in 1836,* the deposed President of Peru was shot with his comrades by the new Bolivian boss.

The youngest ever to head his country, Felipe Santiago Salaverry (English Wikipedia entry | the much more detailed Spanish) abandoned his studies in 1820 for the romance of soldiery.

He was all of 15.

By age 28, he was a brigadier general, fresh off crushing a bunch of rebels in the 1834 civil war.

He must have decided he could build a better mousetrap, because by 1835 Salaverry was rebelling himself. He chased off President Luis Orbegoso and was cock of the walk in Peru from the spring of 1835 until the first days of 1836.

By then, his exiled predecessor had made common cause with their Andean neighbor, Bolivian strongman Andres de Santa Cruz — who now proceeded to invade into southern Peru, where Orbegoso remained more popular than his usurper.

Salaverry answered with panache, pronouncing “Guerra a Muerte” and going on the offensive by crossing the border to raid Cobija where he pulled down the Bolivian flag and dragged it around. He was cocksure in victory after defeating his enemies at the Battle of Uchumayo (there’s a Salaverry Hill at the location, where a crumbling bust of our man stands trapezoidal sentinel).


The march “El ataque de Uchumayo” was originally dubbed “La Salaverrina”

But three days later, he was routed at Socabaya; his escapes cut off, Salaverry had to surrender his presidency and his person to the discretion of his foes. This outcome merged both states into the short-lived Peru-Bolivian Confederation under Santa Cruz, who now bore the Cromwellian title Supreme Protector. (Orbegoso was relegated to the tributary presidency of North Peru.)

But Salaverry was not around to see all that play out because Santa Cruz had he and eight chief officers condemned to death by a drumhead tribunal. Not a one of them had so many as 35 years; Salaverry was still just 29. They were shot together in Arequipa’s Plaza de Armas before a massive, and hostile, crowd: Arequipa was a stronghold for Orbegoso’s forces, and Salaverry in better times had openly relished the prospect of rewarding his own soldiers by putting it to the sack.

My dear Juana,

Within two hours I will be assassinated by Santa Cruz, and I address to you my final vows. I have loved you as you have loved me, and I carry into eternity the profound sorrow that I have made you so unhappy. I preferred my country’s good to my family’s, and I have been permitted neither. Educate my children, care for them; I put my trust in your wisdom and your talents. Do not lose heart that misfortune is the inseparable companion of mortals. Be as happy as you can, and never forget your dear husband.

-Salaverry’s last letter to his wife

* There are some cites out there for February 19. I have had a surprisingly difficult time finding a definitive date for so public and recent an event, but the more numerous and stronger sources — e.g., this very specific narration — prefer the 18th.

On this day..

Entry Filed under: Bolivia,Capital Punishment,Death Penalty,Execution,Famous,Heads of State,History,Mass Executions,Occupation and Colonialism,Peru,Politicians,Power,Public Executions,Shot,Soldiers

Tags: , , , ,

1637: Tabaniyassi Mehmed Pasha, former Grand Vizier

Add comment February 2nd, 2017 Headsman

Ottoman politician Tabaniyassi (“Flat-Footed”) Mehmed Pasha was executed by drowning on this date in 1637, having fallen foul of the tyrannous Sultan Murat IV.

It hadn’t been long since Mehmed Pasha (English Wikipedia entry | Turkish) was the one inflicting the sultan’s chastisements instead of receiving them; he was appointed Grand Vizier in 1632 to crush a Janissary revolt* in Egypt, and did so with brutal aplomb.

His career thereafter saw him carry Turkish arms to Persia and Armenia, and bully client princes in the Porte’s European sphere. Murat eventually grew suspicious that his aide might be conspiring against him and had him imprisoned at the capital’s imposing Yedikule Fortress.

* The sultan had reason to fear these mercurial praetorians; he had the throne thanks to that same clique’s 1622 murder of a predecessor.

On this day..

Entry Filed under: 17th Century,Capital Punishment,Death Penalty,Drowned,Execution,History,Ottoman Empire,Politicians,Power,Treason,Turkey

Tags: , , , , ,

1884: Not Crow Dog, saved by an ex parte

Add comment January 14th, 2017 Headsman

January 14 was supposed to be the hanging day in 1884 for the Sioux Crow Dog — but instead of being executed he was busy making caselaw.

A sub-chief of the Brule Lakota, Crow Dog on August 5, 1881, met — intentionally? — the tribal chief Spotted Tail on a road in the Rosebud Reservation and shot him dead with a rifle.

The killing was adjudicated the very next day within the Brule community, at a council where the killer and the survivors of his victim agreed together on the appropriate compensation, and paid up.* But the U.S. Indian agent on the scene also arrested Crow Dog a few days later, and had him tried for murder in a non-Indian court in the the frontier town of Deadwood.

Sidney Harring, who would expand this review to book length with Crow Dog’s Murder: American Indian Sovereignty, Tribal Law, and United States Law in the Nineteenth Century, argued in a 1988/1989 paper** that the needless white court’s trial was staged from the outset as a test case by the Bureau of Indian Affairs, angling for new legal tools to break the doctrine of tribal sovereignty which dated back to Worcester v. Georgia (1832). Although that anti-sovereignty cause would suffer a tactical setback in this case, it would very soon carry the day.

Condemned to death early in 1882, Crow Dog had various appeals, respites, and delaying actions that stretched the case out for nearly two years until the U.S. Supreme Court at last stepped in ahead of a scheduled January 14, 1884 execution to adjudicate the question of whether a murder within a tribe, on that tribe’s own reservation, was within the proper jurisdiction of non-Indian courts like the one that tried Crow Dog. Its Ex parte Crow Dog resoundingly answered in the negative, a milestone in the legal framework around Indian sovereignty in the U.S. To execute Crow Dog under the white court’s verdict, the justices ruled, would require Anglo law to be

extended over aliens and strangers; over the members of a community, separated by race, by tradition, by the instincts of a free though savage life, from the authority and power which seeks to impose upon them the restraints of an external and unknown code, and to subject them to the responsibilities of civil conduct, according to rules and penalties of which they could have no previous warning; which judges them by a standard made by others, and not for them, which takes no account of the conditions which should except them from its exactions, and makes no allowance for their inability to understand it. It tries them not by their peers, nor by the customs of their people, nor the law of their land, but by superiors of a different race, according to the law of a social state of which they have an imperfect conception and which is opposed to the traditions of their history, to the habits of their lives, to the strongest prejudices of their savage nature; one which measures the red man’s revenge by the maxims of the white man’s morality.

The legal doctrine at work here holds that although conquered, native tribes still possess internal sovereignty. And with Ex parte Crow Dog it became clear and settled American jurisprudence that one attribute of that remaining sovereignty was plenary — that is, absolute — power over purely internal affairs.

At least, for a year.

White America was discomfited by the abrogation of its morality-maxims over the revengeful red man, and the situation invited moral panic around any malfeasance in Indian country. The Washington D.C. Evening Star would complain months later (June 5, 1884) that Ex parte Crow Dog “has had the effect of creating the idea among the Indians that there is no law to punish an Indian for a crime committed on a reservation.” And the Supreme Court itself had slyly noted that it was obliged to make such rulings absent “a clear expression of the intention of Congress” to take a bite out of Indian sovereignty — an intent “that we have not been able to find.”

So in 1885, the U.S. Congress decided to express that intent and voted the Major Crimes Act placing Indians under federal, not tribal, jurisdiction for seven major types of crimes — including, of course, murder. “We all feel that an Indian, when he commits a crime, should be recognized as a criminal,” Michigan Congressman Byron Cutcheon urged on the legislation’s behalf. “It is an infamy upon our civilization, a disgrace to this nation, that there should be anywhere within its boundaries a body of people who can, with absolute impunity, commit the crime of murder, there being no tribunal before which they can be brought for punishment.”

This briefest interim between Ex parte Crow Dog and the Major Crimes Act was in a sense the high water mark for tribal sovereignty. Following the Major Crimes bill, white politicians began almost systematically reaching onto the reservations to legislate, picking away at tribal sovereignty until another much more infamous case, Lone Wolf v. Hitchcock, disastrously declared that plenary power now resided in Congress.

Crow Dog went on to become a major figure in the ghost dance movement. Present-day American Indian Movement activist Leonard Crow Dog is a descendant; he’s written a book connecting back to his famous ancestor called Crow Dog: Four Generations of Sioux Medicine Men. Meanwhile, South Dakota’s Sinte Gleska University is named for Spotted Tail.

* The price was $600, eight horses, and a blanket.

** Sidney Harring in “Crow Dog’s Case: A Chapter in the Legal History of Tribal Sovereignty,” American Indian Law Review, Vol. 14, No. 2 (1988/1989) — also the source of the preceding footnote.

On this day..

Entry Filed under: 19th Century,Capital Punishment,Crime,Death Penalty,Disfavored Minorities,Execution,Hanged,History,Murder,Not Executed,Notable for their Victims,Notable Jurisprudence,Occupation and Colonialism,Politicians,Racial and Ethnic Minorities,South Dakota,U.S. Federal,USA

Tags: , , , , , , ,

Previous Posts


Calendar

April 2017
M T W T F S S
« Mar    
 12
3456789
10111213141516
17181920212223
24252627282930

Archives

Categories

Execution Playing Cards

Exclusively available on this site: our one-of-a-kind custom playing card deck.

Every card features a historical execution from England, France, Germany, or Russia!


Recently Commented