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.
** 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.
Beware, trust not in the vanity of the world, and especially in the flattering of the court … if I had followed God’s word in deed as I did read it and set it forth to my power, I had not come to this.
This was the execution date in 1536 of Anne Boleyn‘s co-accused, the undercard to the deposed queen’s beheading.
It was the accusation of adultery that furnished Anne’s downfall; some adulterers were perforce required. These were William Brereton, Henry Norris, Sir Francis Weston, Mark Smeaton … and the ex-queen’s own brother, George Boleyn.
They had just days prior been subjected to a trial whose outcome was a foregone conclusion. All pleaded their innocence save Smeaton, a commoner court musician who could not withstand torture and “admitted” fooling around with Queen Anne.*
Along with Smeaton, three gentlemen-doomed plucked from the Tudor court’s shadowy recesses — joined to the legendary queen at the chopping-block, if not very probably in her bed.
Norris, the Groom of the Stool
Weston, a Gentleman of the Privy Chamber
Brereton, a Groom of the Privy Chamber
“Everyone was moved at their misfortune, especially at the case of Weston, who was young and of old lineage and high accomplishments,” one contemporary recorded of the fearful pall cast upon King Henry’s court by the purge. “But no one dared plead for him, except his mother, who, oppressed with grief, petitioned the King, and his wife, who offered rents and goods for his deliverance.”
The most egregious charge, naturally, did not concern these men. To put the fallen queen beyond the reach of sympathy it was alleged that she
following daily her frail and carnal lust … procured and incited her own natural brother, Geo. Boleyn, lord Rocheford, gentleman of the privy chamber, to violate her, alluring him with her tongue in the said George’s mouth, and the said George’s tongue in hers, and also with kisses, presents, and jewels; whereby he, despising the commands of God, and all human laws, violated and carnally knew the said Queen, his own sister, at Westminster; which he also did on divers other days before and after at the same place, sometimes by his own procurement and sometimes by the Queen’s.
This outrageous smear on the extremely specious grounds that big brother “had been once found a long time with her, and with certain other little follies,” invited as much skepticism among the Boleyns’ contemporaries as it does for posterity. Even after Anne had been condemned for adultery and incest in her stage-managed trial, George — the last of the bunch to face the tribunal — fought his corner so vigorously “that several of those present wagered 10 to 1 that he would be acquitted, especially as no witnesses were produced against either him or her, as it is usual to do, particularly when the accused denies the charge.”
A foolish bet, but perhaps one placed from a position of willful hope. If a peer of the realm could be condemned a traitor for hanging out with his sister, then no Henrician nobleman could hope to sleep securely.
Little could their dread fathom the bloody years to come. Many who saw the Boleyns’ heads drop would in time have cause to make of their gambling winnings a purse to tip their own executioners.
Thomas Cromwell, who engineered the Boleyn faction’s fall, outlived it by barely four years. The Earl of Surrey, who sat in judgment on this occasion, lost his head in 1547; his father the Duke of Norfolk,** who was the presiding judge, only avoided execution because Henry VIII died hours before Norfolk was to go to the block. George Boleyn’s wife, Lady Rochford, is supposed to have provided evidence against him; she was later swept up in the fall of Catherine Howard and beheaded for her trouble on that occasion.
But those were tragedies for later days.
In the spring of 1536, from his window in the Tower, the poet Thomas Wyatt witnessed this date’s executions: the young Anne’s last lover before the king descended on her, Wyatt too had been initially implicated in debauching the queen and he was fortunate not to be among their number. (Wyatt’s son would not be as lucky.) The shaken Wyatt wrote his fellow courtiers’ heartbreaking eulogy, and perhaps that of his era too, in his verse reflection on that terrible fall from fortune. (Via)
Veritas Viat Fides
me inimici mei
by Sir Thomas Wyatt, the Elder
Who list his wealth and ease retain,
Himself let him unknown contain.
Press not too fast in at that gate
Where the return stands by disdain,
For sure, circa Regna tonat.†
The high mountains are blasted oft
When the low valley is mild and soft.
Fortune with Health stands at debate.
The fall is grievous from aloft.
And sure, circa Regna tonat.
These bloody days have broken my heart.
My lust, my youth did them depart,
And blind desire of estate.
Who hastes to climb seeks to revert.
Of truth, circa Regna tonat.
The bell tower showed me such sight
That in my head sticks day and night.
There did I learn out of a grate,
For all favour, glory, or might,
That yet circa Regna tonat.
By proof, I say, there did I learn:
Wit helpeth not defence too yerne,
Of innocency to plead or prate.
Bear low, therefore, give God the stern,
For sure, circa Regna tonat.
* In the Tower awaiting execution, Anne would voice worry for Smeaton’s soul when she learned that he had failed to retract this confession at the block. But Smeaton and all the men were beheaded in preference to a sentence of drawing and quartering, and had reason to be cautious about their comportment on the scaffold lest crueler torments be reinstated for them.
** Norfolk was Anne Boleyn’s uncle.
† Circa Regna tonat: “Around the throne it thunders”, from Seneca’s Phaedra.
Our man emerged in the 1880s bedeviling the French from Kabilya where the French had already had to suppress a rebellion. Collective punishment for that rising, onerous taxes, and the empire’s confiscations to benefit colonists all fired continuing resentment.
To French eyes, El Bachir was simply a bandit. But for periods of his nearly 15 years’ activity his word was next to law where the triclor could not reach. Kabilya’s colonial officials lived in fear of his revenge.
Italian mercenary Francesco Bussone da Carmagnola was beheaded on this date in 1432.
The successful condottiero was defined by a mixture of battlefield success and cutthroat scheming, and it was his clumsiness with the latter that did in Carmagnola.
His name denotes his origin, from a town in the Piedmont where despite his low birth, his talents raised him to a command for Filippo Maria Visconti‘s brutally successful campaign* to reunite his father’s divided patrimony and make the Duchy of Milan a peninsular power.
So you might think that Carmagnola stood to reap ample rewards for fastening himself to a rising star. But Visconti, perhaps fearing the prospect of a subordinate accumulating enough power to mount a coup d’etat, used a niggardly hand with the emoluments that his general was anticipating — and this led Carmagnola to ditch the Duchy and make an arrangement with its rival, Venice.
The turncoat had the satisfaction of smashing his former Milanese mates at the 1427 Battle of Maclodio, a battle that helped to achieve for Serene Republic its largest-ever Italian territorial expanse.
But his failure to follow up the victory aggressively soon tested the patience of his new patrons. After a sort interval of peace, Venice resumed war with Milan in 1431, and here Carmagnola dilated unacceptably (Italian link), failing to advance on Cremona and instead proposing to winter his army — in August.
The Venetian Council of Ten also caught wind that Carmagnola was maintaining a secret correspondence with Milan and exploring the prospect of changing teams yet again.
Determined to have done with the snake, it summoned him back to Venice under the pretense of convening a war council for the 1432 campaign season. He arrived to find that it was too late in the day to meet the Doge, but as he started for his gondola to retire one of the Venetian gentlemen who had been sent to meet him instead directed his steps away.
“That is not my way,” Carmagnola objected.
“Yes, yes, this is your right path,” the man insisted — and Bussone, beholding him gesturing to the yawning gate of the Piombi dungeon, could only exclaim, “I am lost!”
The arrest of Francesco Bussone da Carmagnola
He was beheaded as a traitor between the scenic columns of San Marco and San Todaro. His widow returned to Milan and eventually repatriated the late commander’s remains to his native soil.
* Carmagnola left a nasty legacy to the world’s architectural heritage during this time by collapsing the Trezzo sull’Adda Bridge, the widest-spanning single-arch bridge ever built before the industrial age.
This date in 1355 was the morning after the failed coup of Venetian Doge Marino Faliero. And it was the first date that vengeance began to fall upon the plotters.
Faliero, voted power by the fellow-noblemen who bossed the Serene Republic, intended to displace the patrician class with commoner support. The scheme called for Faliero’s supporters secretly to mobilize hundreds of men who on April 15 would gather at the Piazza San Marco and mount their surprise takeover. But the plot sank like a stone on the big day, with anticipated adherents turning out sparsely or flatly declining and word soon reaching aristocratic ears of trouble afoot. The would-be masters of Venice were soon rounded up without resistance by the real masters of Venice.
In this misfired drama, Faliero’s henchmen — the men to whom the task of orchestrating the cells who would summon the traitor militia — were Filippo Calendario and Bertuccio Isarello. And on this, the following day, they tried, sentenced, and by evening hung from upper windows of the Ducal Palace. Both men were gagged: one last precaution against the sort of popular exhortation that they had not managed when it counted.
“The earth was set in motion,” one chronicler recorded of the Venetian establishment’s reaction to the menace. (Source) Faliero would die the next day; in all, eleven gibbeted corpses festooned the palace as a warning against the next aspirant.
Isarello was the captain of a Venetian galley who had been appointed by Faliero — controversially bypassing the usual noble prerogatives — and had rewarded his prince by expertly harrying Genoese merchantmen.
Calendario (English Wikipedia entry | the more detailed German), Isarello’s father-in-law, was a stonemason, sculptor and architect who actually worked on the very palace he was hanged from.
Column capital of Drunken Noah dating from the period of Calendario’s work on the Venetian Ducal Palace. (cc) image from Honza Beran.
This is the traitorous man Bartholomew, whom in all victories may God confound, because he has been to his master as changeable as a pharisee. Hence, as the representative of Judas, he shall be condemned to death … because he refused to come to his master’s support this traitor has deserved to be put to the rack … deserved to suffer judgment of decapitation.
As the 1320s began, he was a stalwart of what has been termed the “Middle Party”, whose position vis-a-vis Edward and Lancsaster was what you would expect from the name.
Badlesmere badly misplayed a strong hand by defecting in the so-called “Despenser War” to the anti-Edwardian party, even though Lancaster pretty much hated his guts — and now the king did, too,* dissipating any mutual goodwill that might have been earned a few years before when the king’s favorite (and the war’s namesake) Hugh Despenser went and rescued Badlesmere’s wife from an attack.
And unlike at Bannockburn, Badlesmere here stepped into the trap rather than out of it.
Days after the battle, Badlesmere was caught skulking in a glade by the Earl of Mar and shipped to Canterbury for trial. He was condemned to death on this date, and sent directly from court to a hurdle dragged by a horse to Blean three miles away, where he was hanged and beheaded. He was one of 20 or so lords and knights Edward had put to death.
* In an affair that Edward II biographer Kathryn Warner thinks was neatly contrived by the king, his Queen Isabella called on Badlesmere’s wife when the latter held Leeds Castlesans husband. Lady Badlesmere refused to admit the queen, giving Edward a welcome excuse for besieging a fortress holding out against its sovereign.
On this date in 1969, the Central African Republic’s dictator Jean-Bedel Bokassa had his number two condemned for plotting against him, and summarily shot.
Back on New Year’s Eve of 1965, Alexandre Banza had been on the same team as Bokassa in the conspiring business — achieving a rapid promotion from Captain when he leveraged his command of the Camp Kassai military base in support of Bokassa’s successful coup against his (Bokassa’s) cousin, David Dacko.
This was a great career move for Captain Banza, who speedily became Colonel Banza and the Minister of State and Minister of Finance to boot. But it wasn’t long before this made man looked to Bokassa like his main threat.
Notorious for his vanity — a few years after the events of this post, Bokassa, an unabashed admirer of Napoleon, would proclaim himself Emperor of the “Central African Empire” — the chief looked askance at his finance minister’s willingness to challenge Bokassa’s profligacy. Over the year or two prior to Banza’s execution, Bokassa maneuvered to push him away from power … and Banza maneuvered to create a power base for himself from which to launch his own putsch.
In the end it was Camp Kassai that played the decisive role once again. The guy with Banza’s old job as camp commandant, one Lt. Jean-Claude Mandaba, was supposed to be in on the plan, but on the eve of the intended April 9, 1969 coup, he tipped off Bokassa.
As he stepped from his car, Mandaba and a couple of soldiers grabbed him. So fiercely did he struggle to escape that the soldiers had to break one of his arms before overpowering him. The ambushers then tied him up, stuffed him the trunk of a Mercedes, and took him to meet the man he had sought to depose. … [Bokassa] was jubilant at the sight of his former companion-in-arms being brought to him in chains. Banza was in poor shape after the journey to Berengo, but his torments were only beginning. Bokassa launched the interrogation by beating the prisoner almost senseless with his ever-present walking stick.
Bokassa was only narrowly dissuaded from thrashing this turncoat to death on the spot, and instead consented to a pro forma military tribunal — although rumors of the pre-death punishment visited on Banza once he was captured have muddied the waters quite a bit. Banza was reportedly hailed before the Cabinet and personally brutalized by Bokassa; Le Monde even reported that he’d been outright killed in this meeting and dragged through the streets by soldiers.
Bokassa was deposed by the French in 1979,* and condemned to death in absentia the following year. The former strongman voluntarily returned from exile in 1986 to face trial for a variety of abuses during his reign; his treatment of Alexandre Banza — and that of Banza’s family, a number of whom were arrested and some “disappeared” — formed part of the very extensive charge sheet. Though sentenced to death himself in that trial, Bokassa’s sentence was eventually commuted. The ex-emperor lived out his last years in a private home of his former capital.
As a Shia religious party, Al-Dawa stood starkly at odds with the Sunni-based and secular Ba’ath dictatorship — and Sadr faced state harassment throughout the 1970s. Following the 1979 Iranian Revolution, whose leadership explicitly took inspiration from Sadr, Baghdad eliminated Sadr fearing he might lead a similar uprising in Iraq’s Shia south. (Sadr’s sister Amina al-Sadr — known as Bint al-Huda — was also arrested and executed around the same time.)
And Saddam Hussein may have been quite right to fear this. The name Sadr, of course, will be familiar to any observer of contemporary Iraq — for Muhammad Baqir al-Sadr’s son-in-law Muqtada al-Sadr today holds sway in the south and in Baghdad’s Shia stronghold, Sadr City.
* Iraq’s president from 2006 to 2014, Nouri al-Maliki, represented the Dawa Party. He was known to show off to guests the ring that Muhammad Baqir al-Sadr attained his martyrdom.
The names of the Roman Empire’s various client kings are, when not utterly lost to history, deeply obscure to a present-day general audience. The best exception bar Cleopatra is surely the Judean ruler King Herod of Biblical villainy.
Christ‘s antagonists were actually two* different men of the same name: the tyrannical Herod the Great, the one whom the Gospel of Matthew accuses of massacring Bethlehem infants in a vain attempt to kill the baby Jesus; and, his son Herod Antipas, the successor credited with beheading John the Baptist and with taking a pass on Jesus’s own case when Pontius Pilate tried to drop it on him.
But for fickle fortune, Herod Antipas’s annual Advent vilifications might belong instead to Antipater, who was put to death around this time in 4 BCE by command of his dying father Herod the Great.
Named for his grandfather who founded the Herodian dynasty, Antipater was Herod the Great’s first-born son and for most of the decade preceding his death had been in Herod’s succession plans.
Like many princes, Herod was cursed with scheming, rivalrous offspring, and the father was forever revising his last will as their fortunes ebbed and flowed. In 7 BCE he had even executed two of Antipater’s half-brothers, Alexander and Aristobulos. Nearly 70 years old, Herod the Great now designated Antipater as his sole successor. The young man’s prospects for lasting Biblical infamy seemed excellent.
But for Antipater, himself already entering his fifth decade, patience did not appear a virtue.
Josephus describes Antipater complaining to his mother that “he had already gray hairs upon his head, and that his father grew younger again every day, and that perhaps death would overtake him before he should begin to be a king in earnest; and that in case Herod should die, which yet nobody knew when it would be, the enjoyment of the succession could certainly be but for a little time; for that those heads of Hydra, the sons of Alexander and Aristobulos, were growing up.”
Upon learning of Antipater’s consequent plot to speed his inheritance, Herod reportedly went on a paranoid security bender “and had many innocent persons led to the torture, out of his fear lest he should leave any guilty person untortured.” Herod lured Antipater back to Jerusalem and had him handed over to the Roman governor of Syria, Varus,** for trial.
The evidence against the heir — including a captured potion that was given to a condemned prisoner and proved thereby to be a lethal poison — was quite extensive, and Antipater was imprisoned and disinherited in 5 BCE.
Just one year later, the inexorable march of time delivered Herod to his deathbed. Had Antipater but waited …
But the would-be king was still alive and in custody, so perhaps he still stood a chance. Impatient as ever, Antipater jumped the gun when he caught premature word that Herod, who was actually still clinging to life, had finally kicked off.
As soon as Antipater heard that, he took courage, and with joy in his looks besought his keepers, for a sum of money, to loose him and let him go; but the principal keeper of the prison did not only obstruct him in that his intention, but ran and told the king what his design was, hereupon the king cried out louder than his distemper would well bear, and immediately sent some of his guards and slew Antipater; he also gave order to have him buried at Hyrcanium, and altered his testament again, and therein made Archelaus,† his eldest son, and the brother of Antipas, his successor, and made Antipas tetrarch.
So Herod, having survived the slaughter of his son five days, died, having reigned thirty-four years.
** Varus, who seems to have been hated by the Jews for his cruelty, was destined for a specifically Roman notoriety of his own: he led the huge Roman force destroyed by Germanic tribes at the Battle of Teutoburg Forest. “Varus, give me back my legions!” Augustus famously cried cried upon hearing that three whole legions had been annihilated.
† Archelaus‘s succession did not last long; the emperor Augustus deposed him in 6 AD, leaving Herod Antipas to govern Judea.
After the treacherous capture and execution of Jan Hus, the Hussite movement split between radical and moderate factions. The firebrand Zelivsky became the chief voice of the lower-class, radical Hussites and led the dramatic Defenestration of Prague wherein a Hussite mob pitched several Catholic city ministers out the window of the Prague town hall — triggering a revolution and 15 years of war.
Over the ensuing year, Zelivsky came to dominate politics in Prague. But he had to struggle for his power against both the external threat of Hapsburg armies, and the internal rivalry of moderate Hussites — and these factions did not scruple to deploy the executioner for mastery of Prague.
Zelivsky in the summer of 1421 mounted a coup against moderate Hussites who were negotiating with the Catholic nobility, and even executed some of those movement apostates. But power was wrested away from him in the ensuing months and he was arrested by surprise at a town meeting and secretly put to death.