There is one example of this violation in Virginia, of a most striking and shocking nature; an example so horrid, that if I conceived my country would passively permit a repetition of it, dear as it is to me, I should seek means of expatriating myself from it. A man, who was then a citizen, was deprived of his life thus: From a mere reliance on general reports, a gentleman in the house of delegates informed the house, that a certain man had committed several crimes, and was running at large perpetrating other crimes; he, therefore, moved for leave to attaint him; he obtained that leave instantly … Without being confronted with his accusers and witnesses, without the privilege of calling for evidence in his behalf, he was sentenced to death, and was afterwards actually executed. Was this arbitrary deprivation of life, the dearest gift of God to man, consistent with the genius of a republican government? Is this compatible with the spirit of freedom? This, sir, has made the deepest impression in my heart, and I cannot contemplate it without horror.
On this date in 1778, attainted Revolutionary War-era outlaw Josiah Phillips was hanged in Virginia.
Contrary to Randolph’s recollection, the execution took place according to a regular jury verdict convicting Philips for stealing 28 hats and five pounds of twine — felony theft by the Bloody Code inherited from England.
Even so, it was the Act of Attainder voted unanimously by the Virginia legislature that stuck in the popular memory, so much so that even the likes of Randolph, a lawyer by trade and later the first Attorney General of the independent United States, misstated* it as the proximate cause of Phillips’s execution.
Another inheritance from the mother country, Acts of Attainder — wherein the legislature declares some party guilty of a crime and declares punishment without benefit of trial — were going right out of style in the twilight of the 18th century. The eventual U.S. Constitution would flatly abolish the practice; Britain herself has not enacted one since 1798.
So it comes as some surprise to see that Phillips was outlawed** at the instigation of no less a person than old Mr. Inalienable Rights himself, Thomas Jefferson. Jefferson’s Bill of Attainder gave Philips and his band a June 1778 deadline to turn themselves in voluntarily, or else they
shall stand and be convicted and attainted of high treason, and shall suffer the pains of death, and incur all forfeitures, penalties and disabilities prescribed by the law against those convicted and attainted of High-treason: and that execution of this sentence of attainder shall be done by order of the General court to be entered as soon as may be conveniently after notice that any of the said offenders are in custody of the keeper of the public gaol …
And that the good people of this commonwealth may not in the mean time be subject to the unrestrained hostilities of the said insurgents, be it further enacted that from and after the passing of this act it shall be lawful for any person with or without orders, to pursue and slay the said Josiah Philips and any others who have been of his associates or confederates at any time.
Now in fairness, Josiah Phillips was no ordinary hat-thief, regardless of what the charge-sheet read. He was a Tory marauder who led a gang of outlaws/guerrillas/terrorists who lurked in the Dismal Swamp and had just weeks before repelled a Commonwealth militia dispatched by Governor Patrick Henry.
For Henry, who sought the attainder, and for Jefferson the Phillips band looked like a clear security threat. “The delays which would attend the proceeding to outlaw the said offenders according to the usual forms and procedures of the courts of law would leave the said good people for a long time exposed to murder and devastation,” in the words of the attainder. And indeed, the rebellious colonies — ultra-patriotic Pennsylvania especially — had had regular recourse to Acts of Attainder against Tory loyalists over the span of the American Revolution. (Actual executions under attainders were extremely rare.)
However, the inconsistency of such an instrument long associated with monarchical tyranny with its author’s more usual Rights of Man fulminations had Jefferson still defending the Phillips attainder as late as 1815.
Whatever might have best suited Josiah Phillips, the last word on the matter in American jurisprudence has belonged to the overwhelming sentiment of his fellow-Founders … like James Madison, whose Federalist no. 44 flatly avers that Bills of Attainder “are contrary to the first principles of the social compact, and to every principle of sound legislation.”
* Randolph himself, as Virginia’s attorney general, made the call not to use the attainder against Phillips because of Randolph’s own discomfort with it. But his “misremembering” was convenient to a later interest in excoriating Patrick Henry.
** Arguably contravening Virginia’s existing 1776 Declaration of Rights. “In all capital or criminal prosecutions a man has a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty; nor can he be compelled to give evidence against himself; that no man be deprived of his liberty except by the law of the land or the judgment of his peers.”
On this date in 1806, the Neapolitan partisan Michele Pezza was hanged as a bandit.
Better known by his infernal nickname “Fra Diavolo” — “Brother Devil” — Pezza (English Wikipedia entry | Italian) was forced into the army of the Kingdom of Naples as punishment for manslaughter in 1797, just in time to experience its thrashing at the hands of the French Republicans rolling down the peninsula.
By 1799, Naples was no longer a kingdom at all, but a French-modeled and -backed republic, one of several in Italy.
Populist, Catholic resistance to these impositions commenced almost immediately. Fra Diavolo was destined to become the enduring legend of this sanfedismo movement.
Pezza’s band, which eventually numbered as much as 4,000, stalked the roads around Rome and Naples, terrorizing French soldiers and Republicans. They had a reputation for cruelty.
Francis Maceroni, a writer and an aide (and eventual biographer) for Napoleonic marshal Murat, charges that Fra Diavolo was merely “a well known assassin and highwayman [who] could not but be infamous, in any service. Brief, he was put upon his trial, — found guilty of as many horrid felonies as would fill a dozen volumes like that of ‘Rookwood,’ and hanged upon a gibbet of extraordinary height, at the Ponte della Maddalena at Naples.” The author is disgusted that the name Fra Diavolo “has not only been immortalized by his atrocious crimes, but by the appliances of fine music and operatic representation” for the outlaw “was a most unmitigated mass of evil, without one redeeming point.”
Actually, his effectiveness with irregulars was a very significant redeeming point in a dirty-war environment.
After Naples’ Parthenopean Republic was deposed by France’s foes, Pezza was retired with an aristocratic title, a substantial pension, and a trophy bride: just the Bourbons’ way to say thanks.
But he was recalled to the field when the French re-invaded Naples in 1806, briefly installing Napoleon’s brother Joseph Bonaparte as the new Neapolitan king, and again set to raiding with a mass of guerrillas. This time the French hunted him to ground, defeating his irregulars in an October 1806 engagement and capturing Fra Diavolo himself days later.
Pezza hanged as a brigand in Naples, but the city’s exiled royalty funded a funeral mass for their lost commander in the cathedral of Palermo.
Maceroni wasn’t kidding about the “fine music and operative representation,” by the way. Daniel Auber composed a hit 1830 debut, Fra Diavolo.
Mukhtar, a religious teacher and follower of the Senussi movement, became the leader of the Libyan resistance that dogged the Italian occupation. Mukhtar proved an energetic and successful desert guerrilla fighter, and he had to be given the Italians’ mechanized military.
The Italians executed an estimated 4,000 Libyans in the 1920s, and drove hundreds of thousands into concentration camps, and gradually, only gradually, gained the upper hand on their adversaries.
Captured in battle after he abandoned a 1929 truce, Mukhtar was denied prisoner-of-war status and subjected to a snap military tribunal in one of the small coastal enclaves actually controlled by Italy — “a regular trial and consequent sentence, which will surely be death,” as the Italian general directed. It surely was.
A national hero for contemporary Libyans across any social divide you’d care to name, Omar Mukhtar was valorized by the rebels who recently overthrew the aforementioned Gaddafi (here’s Mukhtar on a billboard in rebel-held Benghazi). “The whole world knows what Omar al-Mukhtar did,” Mukhtar’s 90-year-old son told media during the civil war. “That’s where they get their energy from. Ask the youth, they’ll tell you they are all the grandsons of Omar al-Mukhtar.”
June 29, 1944, saw several noteworthy mass executions around Axis western Europe.
France: Seven Jewish hostages for the assassination of Philippe Henriot
Poet and journalist Philippe Henriot (English Wikipedia entry | French), the “French Goebbels”, was the Vichy government’s able chief propagandist.
On June 28, 1944, Henriot was assassinated by Maquis operatives disguised as milice paramlitaries.
Incensed, the real milice this morning gathered seven Jews already held in prison as hostages at Rillieux, drove them to the cemetery, and shot them one by one.
(Paul Touvier, who orchestrated this retaliatory execution, managed to stay underground until 1989. At his 1994 war crimes trial, he claimed that the Germans wanted 30 hostages killed, and therefore what he actually did was “save 23 human lives.” Touvier was convicted on the charge of crimes against humanity.)
Italy: Massacres in San Pancrazio, Cornia, and Civitella
As dawn broke this date, German soldiers retreating from liberated Rome fell upon several Tuscan villages.
German columns had been beset by partisans on the way, and standard operating procedure was to retaliate against partisans indirectly, by killing civilians — as in the notorious massacre in the Ardeatine caves. This vengeance was visited on the three towns: over 200 civilians were summarily executed on June 29, 1944.
“My mother later said she went to speak to my father,” remembered one San Pancrazio man. “A soldier turned her back and told her they were taking him to be tortured. She and my father both cried.” The father and those taken with him were shot in the basement of a farmhouse.
Caution: Graphic video.
The towns themselves have kept this date in remembrance, but the massacres were swept under the rug in the postwar settlement as Italy, Germany, and their former western enemies realigned for the Cold War. Only in the 21st century have they come to wider attention, when the discovery of secret archives documenting the atrocities enabled an Italian court to convict an aged German soldier in absentia.
There’s a CNN documentary on these events focusing particularly on San Pancrazio. Called “Terror in Tuscany”, it may be viewable here or here, depending on your location.
The young man striking the dramatic pose is Stjepan Filipovic, an anti-fascist partisan hanged in the city of Valjevo by the Serbian State Guard, a collaborationist force working with the Axis occupation of Yugoslavia.
Filipovic was a Communist so we’re guessing that he would not have had a lot of truck with the ethnic particularism that’s latterly consumed the Balkans. Times being what they are, however, the national hero to Tito’s Yugoslavia has become a post-Communist nationalist football.
That Valjevo monument — it’s in Serbia, remember — calls him Stevan Filipovic, which is the Serbian variant of his given name. But as Serbia is the heir to Yugoslavia, he at least remains there a legitimate subject for a public memorial. Filipovic himself was Croatian, but his legacy in that present-day state is a bit more problematic: in his native town outside Dubrovnik, a statue that once commemorated Filipovic was torn down in 1991 by Croat nationalists; its vacant plinth still stands sadly in Opuzen. (Opuzen’s film festival, however, awards its honorees a statuette replicating the destroyed monument.)
On this date in 1705, two men were burned at the stake and two others broken on the wheel — Camisards all, put to death in Nimes, France.
The Camisards* were French Protestants of the mountainous southern Cevennes region who make their entry into these pages because the crown in 1685 revoked the Edict of Nantes, France’s guarantee of multiconfessional toleration.
Protestants were going to be bullied into conversion — or, in many cases, flight. (London’s Spitalfields textile industry, for instance, got a welcome shot in the arm from refugee Huguenot weavers.)
In 1702, the Cevennes Protestants pushed back.
“A persecution unsurpassed in violence had lasted near a score of years,” Robert Louis Stevenson wrote in his 19th century travelogue of the region. “This was the result upon the persecuted; hanging, burning, breaking on the wheel, had been in vain; the dragoons had left their hoof-marks over all the countryside; there were men rowing in the galleys, and women pining in the prisons of the Church; and not a thought was changed in the heart of any upright Protestant.”
Two years of dirty neighbor-on-neighbor violence mostly petered out in 1704 with the loss of the Camisards’ two main leaders — Jean Cavalier, the brilliant peasant-turned-commander who was bought off by an army commission and a royal pension, and Roland Laporte, who was betrayed as by Judas for 200 pieces of gold.
The prospect of a renewed rising drew them back — a bold and terrible stroke to mount a surprise massacre and kidnap the exiled English Duke of Berwick. Catinat returned from his hidey-hole in Geneva; Ravanel came the bush where he was the last notable Camisard commander in the field.
An informer spilled the secret and the conspirators were busted in Nimes before they could spring their trap.
They faced immediate trial and condemnation — Catinat and Ravanel, along with two younger fighters named Jonquet and Villas.
After a long bout of pre-execution torture on April 21 to reveal their conspirators,**
The next day, the 22nd April, 1705, they were taken from the prison and drawn to the place of execution in two carts, being unable to walk, on account of the severe torture to which they had been subjected, and which had crushed the bones of their legs. A single pile of wood had been prepared for Catinat and Ravanel, who were to be burnt together; they were in one cart, and Villas and Jonquet, for whom two wheels had been prepared, were in the other.
The first operation was to bind Catinat and Ravanel back to back to the same stake, care being taken to place Catinat with his face to windward, so that his agony might last longer, and then the pile was lit under Ravanel.
As had been foreseen, this precaution gave great pleasure to those people who took delight in witnessing executions. The wind being rather high, blew the flames away from Catinat, so that at first the fire burnt his legs only — a circumstance which, the author of the History of the Camisards tells us, aroused Catinat’s impatience. Ravanel, however, bore everything to the end with the greatest heroism, only pausing in his singing to address words of encouragement to his companion in suffering, whom he could not see, but whose groans and curses he could hear; he would then return to his psalms, which he continued to sing until his voice was stifled in the flames. Just as he expired, Jonquet was removed from the wheel, and carried, his broken limbs dangling, to the burning pile, on which he was thrown. From the midst of the flames his voice was heard saying, “Courage, Catinat; we shall soon meet in heaven.” A few moments later, the stake, being burnt through at the base, broke, and Catinat falling into the flames, was quickly suffocated. That this accident had not been forseen and prevented by proper precautions caused great displeasure to spectators who found that the three-quarter of an hour which the spectacle had lasted was much too brief a time.
Villas lived three hours longer on his wheel, and expired without having uttered a single complaint.
A hecatomb of Camisard executions followed, fed by the denunciations of frightened or avaricious people; still others were “merely” condemned to the galleys … bringing at last a sullen peace of arms to the turbulent province.
We’ve touched in these pages — one of our earliest posts, in fact — on Soviet war heroine Zoya Kosmodemyanskaya, a teenager executed by the advancing German army in November 1941 for conducting partisan attacks behind enemy lines.
Zoya’s story became known after the Red Army recaptured village of Petrishchevo, where she was hanged. A January 27, 1942 Pravda article recounted the gallows defiance of the young guerrilla, whom villagers knew only by her nom de guerre, “Tanya”. She had withstood German torture, refused to give them any information, and at her hanging incited her countrymen and -women to resist the invaders. She’s still to this day a beloved national martyr in Russia.
Zoya’s instant Joan of Arc-like legend invited investigation of the precise circumstances of her capture and death … and this in turn meant extremely dangerous scrutiny for any Soviet citizen in her environs whose behavior in those last days could be held to be in any way sub-heroic.
This brings us to today’s unfortunate entry, Vasily Klubkov, a humble mail-sorter before the war whose picture belongs in the dictionary next to “poor luckless sod.” Just him, Zoya, and everyone else on the terrible Eastern Front.
It was on this date* in 1942 that Klubkov paid the penalty for Zoya’s sacrifice.
Vasily Klubkov and Boris Krainov were other partisans who had been detailed along with Zoya Kosmodemyanskaya to torch some enemy assets on the same mission around Petrishchevo. Practically children all, they each acted independently from the others; long story short, Zoya and Vasily Klubkov were both captured.
Zoya fiercely endured every torture the Germans could throw at her, but Klubkov was made of softer stuff. When an officer pointed a gun at his head and demanded some answers, Klubkov started talking.
“I was a coward,” he later admitted. “I was scared I would be shot.”
Now, this admission very much against his own safety was made to the NKVD in March 1942, and since we already know that Vasily Klubkov was the sort to fold under torture, we can well imagine that the NKVD also got whatever it wanted out of the misfortunate young man. Considering the politicized quality of the trial and the circumstances of the “confession,” it has to be treated with caveats.
Under NKVD pressure, Klubkov signed off on a version of events that just so happened to mesh beautifully with the iconography already forming around the hanged “Tanya”: namely, that he was brought face-to-face with his fellow-prisoner and confirmed her identity, whereas she refused to breathe a word to her captors; that he saw her stripped naked and bashed with truncheons for hours and still summon the fortitude to refuse her interrogators the least satisfaction. Pavel Klubkov gave posterity firsthand evidence of Zoya Kosmodemyanskaya’s heroism in captivity.
“Klubkov may have been telling the truth, since it’s easy to imagine a terrified teenager on his first mission agreeing to his German captors’ demands,” notes Andrew Nagorski in The Greatest Battle: Stalin, Hitler, and the Desperate Struggle for Moscow That Changed the Course of World War II. “But there’s no way of knowing for sure how he really behaved, since he surely was just as terrified when he was interrogated by the NKVD. Or how much of what he said about Zoya was accurate, since the NKVD may already have been preparing the transcript with the idea of her elevation to mythic status.”
Heck, the reason the NKVD even had Klubkov to interrogate was that he escaped German custody, another big character red flag as far as the Soviets were concerned. That he escaped from the same custody that martyred Zoya Kosmodemyanskaya probably sealed his fate before he received his first pistol-whipping. NKVD records paint a kid who has already given up.
Well he might have. The verdict of the court was surely ordained from the start, but it was formally delivered on April 3: “Execution by shooting, without confiscation of property due to its absence.”
* Though there are some cites for April 3 out there, it appears that April 3 was the date of his conviction by a military tribunal and April 16 his execution date. This is a bit of a protracted delay by wartime Soviet tribunal standards, but then, Klubkov would have been a person of relevance to the state itself. The highest-ranking official who thought he could approve Klubkov’s execution without asking anyone else might have been a little further up the food chain than for your run-of-the-mill deserter.
On this date in 1944, Joseph Epstein* was shot with 18 others at Mont-Valerien outside Paris for their parts in the World War II French Resistance.
Joseph — “Jurek”, really — was born in Poland, but his communist politics got him harried out of Poland and Czechoslovakia and onward to France in the early 1930s.
There he completed his law studies, but was unable practice since he wasn’t a Frenchman.
But he was a perfect recruit for the international republican brigades of the imminent Spanish Civil War (he commanded an artillery battery named in honor of Tudor Vladimirescu).
War would drive Joseph Epstein hither and yon for his remaining years. After a spell in a French POW camp for Spanish Civil War refugees, Epstein signed up for the Foreign Legion, got captured and sent to a German POW camp, escaped to Switzerland, and returned to France.
There as “Colonel Gilles” of the communist resistance organization Francs-Tireurs et Partisans, he became the commissionaire of military operations for the capital and pioneered a shift in tactics towards guerrilla strikes using larger teams. Resistance fighter (and later, historian of the Resistance) Henri Nogueresexplained:
Most of the comrades adopted the three comrades system. But in Paris there were policemen and German soldiers everywhere: Joseph Epstein preferred to engage fifteen to twenty fighters per operation … [because] if in Paris during daylight, three persons only had to attack a military unit, there will always be a danger to be arrested that could lead to a partial or complete failure. By contrast, with a larger group, it was possible to gain a superiority if adopting a discrete strategy. The operations in Paris conducted in 1943 were placed under Colonel Gilles’ authority.
Epstein was arrested in the autumn of 1943 at a meeting with Missak Manouchian, and withstood months of brutal torture without so much as revealing his real name or national origin.
While this is a standard accomplishment in a Resistance martyrology, the proof of it in this case was that the ensuing “Manouchian Group” show trial, and the resulting notorious “Affiche Rouge” poster, took great pains to depict Resistance members as foreigners and criminals.
As a Polish Jew who regularly ordered assassinations, Epstein would have made a fine exhibit … if the Nazis had known who he was. Instead, he’s conspicuous only by his absence.
The ironic consequence, according toanother Resistance veteran, was that “The man who, by far, was the greatest officer in all of France, the greatest tactician of the People’s War, is unknown to the general public. Of all military leaders, he was the most audacious, the most capable, the one who gave the French Resistance its originality compared to other European countries.”
On this date in 1946, ten* Spanish Republicans were shot — most famously including Cristino Garcia.
Garcia, a Communist veteran of the Spanish Civil War, had put his guerrilla skills to good use by joining the French Resistance during World War II.
Garcia ultimately held the rank of Lieutenant Colonel in the Resistance, and was perhaps the most individually famous of the numerous Spaniards** who fought as maquisards. His unit broke out hundreds of people before potential deportation to German death camps, and Garcia helped orchestrate the guerrilla-led liberation of Foix in August 1944. (There’s a lengthier roundup of Garcia’s career in the field in Spanish, here.)
The French had nothing but good feelings for this guy, but Garcia wasn’t looking to take a pension from De Gaulle and settle down in a vineyard. As France fell to Allies, Garcia — going on ten years a professional leftist revolutionary — headed back to Spain (Spanish link) to carry on the fight against fascism closer to home.
His tasks over a few months in 1945 ran to the less legendary: bank attacks and the like, blurring the line between “ordinary” and “political” crimes. Garcia was also detailed as a result of intra-party politicking to murder fellow-Communist Gabriel Leon Trilla (Spanish link).†
As an agent of the Spanish Communist Party, which was backed by a French Communist Party riding high on its World War II heroics, Garcia’s situation became a national cause celebre. French left parties uniformly protested the planned execution, and the government made repeated diplomatic overtures to Madrid to stay the sentence. Editorialists protested floridly.
Have we forgotten that fascism exists at our border; Was it not against all fascisms that Cristino Garcia and thousands of our Spanish brothers fought with us on our soil? Did they not fall beside us, as at the Eysses prisons, under the same Nazi bullets, for France? And today will we disown their sacrifice, their blood and their martyrdom because the fight against fascism has moved to the other side of the Pyrenees? (from the Franc-Tireur, quoted here
Incensed when Franco ignore their appeals and shot the men anyway, France retaliated by closing its border with Spain on March 1, 1946. Spain did not neglect to point out the irony that, during the war years, innumerable resistance fighters and others fleeing Naziism or the Vichy regime had taken refuge by crossing that very border. (Less stress was understandably laid on the Francoists’ onetime demand — not honored by Paris — that France close its border against escaping Republicans in 1939.)
* I believe from press reports that there were 12 total executions of Republicans Feb. 21-22, 10 of which took place on Feb. 21. However, I might be mistaken about the overall numbers or their distribution by dates. Garcia’s, certainly, took place on Thursday the 21st.
Information about this courageous outdoorsman is difficult to come by; try this Norwegian page for a bit of background.
The Gestapo captured him in August 1942, tortured him horribly, and had him shot. Later, Berg’s torture and execution would be one of numerous World War II brutalities charged in the war crimes indictment (PDF | HTML) against German ObersturmbannführerGerhard Flesch.
Flesch was himself executed on these charges on February 28, 1948.