1865: Samuel Clarke, Jamaican radical

Add comment November 3rd, 2017 Headsman

On this date in 1865, the creole politician Samuel Clarke was condemned and immediately executed under martial law in the crackdown following Jamaica’s Morant Bay Rebellion.

A carpenter from the parish of St. David, Clarke was a political activist — the kind of gadfly whom like Tony Moilin in the Paris Commune “a prudent and wise Government must rid itself when it finds a legitimate occasion to do so.” And the post-rebellion British crackdown was just such a “legitimate occasion” … well, sort of.

“Persons were tried and put to death under martial law for acts done, and even for words spoken, before the proclamation of martial law,” complained John Stuart Mill. “A peasant, named Samuel Clarke, was hanged some days after the proclamation of amnesty, for words spoken two months before the proclamation of martial law, his only specified offence being that he had, at that time, declared with an oath that a letter signed by the Secretary of State for the Colonies was a lie.”

Like the more celebrated white politician George William Gordon, Clarke was seized from outside the martial law zone and brought into it so that he could be prosecuted for “subversion” that consisted of merely having liberal opinions.

According to Swithin Wilmot (“The Politics of Samuel Clarke: Black Creole Politician in Free Jamaica, 1851-1865,” Caribbean Quarterly, Vol. 44, No. 1/2 (March-June, 1998), a key source for this post), Clarke first became obnoxious to elite planters in the early 1850s when he mobilized black ex-slaves to capture one of the parish seats in the colonial assembly. Clarke would serve a month in prison for an election day riot that claimed the life of a poll clerk. But a few months after his release, “the small settler voters … pronounced their own verdict on the conduct of their black political leaders” by giving Clarke and his party a clean sweep at the 1853 elections and a stranglehold on local politics in St. David.

Clarke himself did not meet the property qualifications to contest a seat in the colonial assembly, but his faction had the votes to control these seats — and Clarke himself became a militant levelling voice whom white elites regarded as a demagogue, forever inciting “the people to be rude and insolent to their employers.”

The bloody year of 1865 finds Jamaica facing an economic crisis thanks to trade liberalization and Clarke provocatively denouncing the “Queen’s Advice” directed at the restive lower orders (“The prosperity of the Labouring Classes … depends … upon their working for Wages, not uncertainly, or capriciously, but steadily and continuously, at the times when their labour is wanted”) as “a lie, a damned red lie” and complaining of a regressive levy that “The taxes were only made for the Black man and not the White, there was one law for the Black man and one for the White man.”

In the wake of October’s Morant Bay black rising, these statements would be read in a most incendiary light by Governor Edward John Eyre — but they were made before that rising, and Clarke did not take part in the rebellion. As with Gordon, his standing political commitments simply became retroactively seditious.

A few days after the riot at Morant Bay … [Clarke] was told a warrant was out for his arrest. He at once gave himself up to the authorities, and was handed over to the military at Uppark Camp. While there, he was told by an officer of superior rank he would be hanged, although he had not been engaged in the riot, because he was one of the “ringleaders” of the people … Mr. Eyre personally directed that Clarke, with a number of other prisoners who had been arrested in Kingston, out of the martial law district, for the same crime of having attended the Underhill meetings, should be sent to Morant Bay for trial; and he was so sent, on or about the 1st of November, many days after Mr. Eyre had himself declared the rebellion to be subdued, and had issued a so-called proclamation of amnesty.

Clarke was put upon his trial on the 3rd of November at Morant Bay before a Court-martial, of which Lieutenant Brand was president, and it is unnecessary to say more than that the sentence was death. The only witnesses examined were the Custos Georges, McLean the Vestry Clerk, and a reporter called Fouche, who gave evidence as to Clarke’s speech at the Underhill meeting in Kingston. The evidence disclosed no circumstances of participation in the riot by word or deed, and related solely to Clarke’s words weeks even months before martial law was proclaimed.

Within an hour of the trial Samuel Clarke was on the gallows, the proceedings of the Court-martial and the sentence having been “approved and confirmed” by General Nelson. At this very time General Nelson had himself apparently begun to sicken at the work, he having already hung upwards of 170 persons, including seven women. He accordingly represented to General O’Connor that he had doubts about trying the remainder of the Kingston prisoners by Court-martial for words spoken before the proclamation of martial law. The General agreed with him, but although the same doubt applied most conspicuously to the case of Samuel Clarke, it did not save him from his doom …

Before his trial Mr. Clarke was flogged by order of Provost-Marshal Ramsay, and among the prisoners forced to witness the execution were his brother, Mr. G[eorge] Clarke.* (Source, which also has a full transcript of the trial)

* George Clarke was the son-in-law of another prominent martyr of these days, the Baptist deacon Paul Bogle.

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1865: Okada Izo, barbarian-expeller

Add comment July 3rd, 2015 Headsman

On this date in 1865, the Japanese samurai Okada Izo was dispatched by crucifixion.

He was one of* the “Four Hitokirimanslayers — whose legendary blades coruscated in the Bakumatsu era that marked Japan’s pivot from an isolationist feudal state, one where samurai were big men on prefectures, to a burgeoning modern power ruled by industry and mass conscription.

The irony was that dinosaurs like the Hitokiri helped bring the asteroid down on their own heads.

During the chaotic Bakumatsu period, triggered by Japan’s becoming involuntarily opened to the outside world, the emperor — long a figurehead marginalized by the shogun — entered the political fray under the xenophobic banner “revere the emperor, expel the barbarians.”

Warriors/assassins like the Hitokiri were wooed by the imperial camp and the promise of a policy that would maintain the purpose and privilege of elite swordsmen. But once power was conquered, the Meiji emperor repaid those knights’ exertions by doing the modernization thing that Hitokiri types had hoped to avoid.

Okada Izo was among the first barbarian-expellers to be caught up by the policy swing. After a couple of years running amok in Kyoto, the anti-foreigner movement was suppressed and its leader forced to commit seppuku, which was still more deference than Izo received.

The execution, usually conceived as the end, is the jumping-off point for the surreal time-and-space-hopping 2004 Takasha Miike bloodbath Izo, “one of the most difficult works of art to be made in recent times.”

* Along with fellow-execution victim Kawakami Gensai, and two other guys who met violent deaths that were not (more’s the pity for this site) executions.

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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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1865: Henry Regley and Charles King, General Sheridan’s deserters

Add comment January 6th, 2015 Headsman

On this date in 1865, two Union soldiers were shot as spies at Winchester, Virginia.

Union General Philip Sheridan and his famed Napoleon complex* were wintering in Winchester, Va. where he had recently clinched northern control of the Shenandoah Valley, and put its fertile farmlands to the torch to cripple the rebel army.

Sheridan, who had in the course of that campaign made his lasting fame by rallying his troops after an initially devastating Confederate surprise attack, was highly concerned at the prospect of rebel spies and infiltrators.

Our two poor fellows, Henry Regley and Charles King, were actually nothing of the sort — just bounty jumpers who donned the blue uniform to collect a cash reward for joining up, and then deserted at the first opportunity. Given the state’s primitive tools in the 1860s for monitoring individual citizens or verifying identity, many bounty jumpers simply repeated the enlistment-desertion cycle several times.

Being shot as a deserter was one of the occupational hazards — a small one, but a real one. But being shot as a spy? Well, General Sheridan was on the lookout.

These deserters on their way out of camp happened to bump into a patrol of “Confederates”: actually a Union detail Sheridan had uniformed like the enemy for sneaky reconnaissance. What ensued next was your basic comedy of mistaken identity … with a double execution at the end.

The following is a newspaper dispatch filed a few day later by one of their fellow soldiers writing under the pen name “Manatom” for the Newark Daily Advertiser; it comes from New Jersey Butterfly Boys in the Civil War: The Hussars of the Union Army

Henry Recli [sic] of Co. L and Christian A. Gross, alias Charles King of the same Company, a German by birth, left the regiment while at the present camp. A party of scouts led by Major [Young] of Gen. Sheridan’s staff, at their head, dressed in rebel uniforms met these men up the valley, a number of miles outside the picket lines. As they conversed with them, the deserters supposing them to be genuine rebels, gave them the contraband information, and stated that they had been trying to desert for some time. They assented to a proposal to exchange clothing, and then were arrested.

I am informed by Chaplain John L. Frazee, whose trying duty it was to be with the condemned during their last hours, that both persisted in their innocence to the last. When told by the Provost Marshall Lee, that they were to die at noon, they said they knew that the night before, when they were in Winchester, at which place Gross, who had always signed his name as Charles King, wrote a letter to friends in Philadelphia, signed Christian A. Gross, in which he expressed his doubts of the carrying out of the sentence. The chaplain believes this idea deceived them until the last moment, although they yielded a sort of mechanical compliance with the solemn services held with them in private, and kneeled in prayer before being taken from prison.


Private Friederich Jaeckel’s drawing in his diary of the two deserters, again via New Jersey Butterfly Boys. Though that book’s caption places this on January 6, 1864, context suggests this must in fact be our 1865 incident; there is no indication I can find of an executed pair in the army dating to exactly one year before.

The details of the execution of this kind are terribly formal and impressive. Fully three thousand cavalrymen were drawn upon three sides of a square upon a gentle slope a little way from headquarters. Each regimental and brigade staff was with its organization and centrally stationed was Gen. Custer and his staff and body guard. When the Division was arranged, Provost Marshall Lee gave orders that the condemned should be brought forth, and thoroughly unused as I was to seeing death in that shape, the memories clustering about that slow moving group, seem as if burned in my brain.

The Provost Marshall, preceded by the band, with a small body guard, led — then the firing party, made up of twelve picked men from our own regiment. A large open wagon, drawn by four white horses, came next — in which there were two coffins, upon each of which sat a doomed man riding backwards, with feet ironed and hands tied behind. Each had a long white scarf about the head. Besides these rode the Chaplain and a proper guard dismounted closed the rear.

The fine brigade band, which had marched in silence until near the Division, when the first side of the square was reached, began playing a Dead March, and thus did this little group march slowly around inside the whole army, and at last halt at an open grave — dug in the center.

The men were now lifted from the wagon, the Coffins duly placed, and the men seated as before facing the whole Division. Marshall Lee then, from his horse, read the order and warrant … brief religious services were held, the Chaplain reading a portion of the burial service, and offering prayer for the condemned. Neither had anything to say, and the Chaplain retired a few paces. The faces of the men were then covered, and the firing party quickly drawn up in line with pieces previously carefully loaded and placed in their hands. One of the twelve had, by a merciful regulation in the Articles of War, a blank cartridge, and each comrade had the hope that he should send no fatal ball.

More rapidly than I can trace this account was the preparation done. Ten paces off stood the line — each man sternly appreciative of his fearful duty.

“Attention” Ready! Aim! Fire! The report was almost as if one carbine had responded. Two bodies fallen backwards and dead were all that remained of Recli and Gross. The surgeon in a few moments pronounced life extinct; and the scene closed by marching the whole body of troops past their Coffins, lying as they fell — this most solemn warning one can imagine to the soldier — to be faithful to himself, his oath and his Country. MANATOM

* Abraham Lincoln’s hilarious description of the 1.65-meter (5′ 5″) “Little Phil”: “A brown, chunky little chap, with a long body, short legs, not enough neck to hang him, and such long arms that if his ankles itch he can scratch them without stooping.”


General Sheridan

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1865: William Corbett and Patrick Fleming

1 comment December 15th, 2014 Ramicles

(Thanks to Ramicles, the pseudonymous 19th century Chicago correspondent of the Providence Press, for this eyewitness account of a December 15, 1865 hanging of two hired assassins. It appeared under a December 16 dateline in that paper’s December 21, 1865 edition. -ed.)

I have promised the numerous readers of the EVENING PRESS a description of a death scene, and I will keep my word. But believe me, it is no welcome task; my heart is not in it. On my mind one solemn moral is impressed — one moral only: the terrible reality of crime, the terrible reality of punishment. One naturally follows the other, as night follows day.

At the hour of three, lacking ten minutes, on yesterday afternoon, I saw two men, William Corbett and Patrick Fleming, take a formal farewell of this world and enter an untried existence. Those who love to linger on the few hours which the wretched men passed, in the anticipation of that final scene, may do so. I will not. They knew that they had incurred the law’s extreme penalty, and must suffer that penalty. There is a disposition on the part of doomed men to “die game;” and much of the apparent heartlessness is bravado only.

As I have said in a former letter, Fleming has for several days seemed indifferent or defiant. Whether he had faint hopes of pardon, I know not; but there seemed to be something in his manner that showed his reliance to some extent on the mobid [sic] humanitarianism of the age, (as exhibited in the case of the Malden murderer Greene,) and had not finally made up his mind for death.

Those who had not made human nature a study, were therefore unprepared to see the difference in demeanor of the two men, on the scaffold. Corbett, who, since his sentence, has seemed to realize his solemn situation, and has been much depressed, because, as his last moments drew near, cheerful and even jubilant, and the gloomy Court House echoed his hilarious merriment, which was startlingly horrible, as wild laughter wakened in the throat of death. There is something grotesquely awful in hearing a man laugh while the rope is around his neck. (The Republican reporter styled that death “ecstacies!” [sic] I had always supposed that ecstacy was less boisterous; but I am ready at all times to receive new ideas and novel definitions. — Who ever knew a man in Chicago to be wrong? “If any, speak, for him have I offended.”) The conduct of Flemming [sic] was in striking contrast. He seemed chilled with the thought of death, and was so lost in contemplation that he scarcely heard the voice of the clergyman admonishing him to pray.

He indeed repeated the words of the prayer, but so unconsciously that it seemed only mechanical. His eyes were vacantly staring, and his countenance was ghastly in its expression of deadly fear. Was that gaze fixed on vacancy alone? Was it a retrospective vision of the soul gazing on itself, and with reversed sight recalling all the past — the hours of childhood — the fleeting moments of early manhood — the years whose only noteworthy incidents were damning deeds of midnight robbery — that night of blood — that death-cry of his victim — the fatal shot — the flight — the vision of justice and the avenging Nemises [sic] following his track — the arrest — the trial — the death sentence, and the lingering death of expectation preceding its infliction? Or was there one more torture? Was his the gift of prescience, and the power to look beyond the Shadow of the Dark Valley, and was it what he there saw that transfixed him into a statue of cold horror? Who shall say?

Those were my reflections when I looked on the miserable man; and I unconsciously repeated to myself the heartfelt words of the psalmist: “Cut me not off, O, my God, in the midst of my days!”

I shuddered as I thought that the doomed one might be silently repeating the same prayer, and II, by mesmeric rapport or sympathy, had caught up his inaudible petition. Then came another hideous laugh from the lips of Corbett — a few hasty words of farewell — a slight gliding sound as the well oiled bolts slid swiftly back — and two forms shrouded in white cloth were spasmodically struggling with death. The drop was located in the east wing of the Court House, the trap being constructed in the floor. After the two surgeons in attendance had pronounced them both dead, the bodies were lowered into the coffins, as usual, and a few had a curiosity to look at the faces. Singular as it may seem, Flemming had undoubtedly suffered the least pain of the two. The features were somewhat distorted and discolored. But Corbett’s face was a sight such as one would look on but once, and wish to efface [sic] the memory of that one look, and think of it no more forever. The tongue protruded fearfully from the mouth, and the teeth had bitten through it, in that last agony of dissolution. Truly is an execution a moral lesson which no one may witness without a thrill of horror whatever one may think of the theory of capital punishment.

There was one fact in connection with the affair, which I cannot understand. The widow of the murdered man repeatedly made application to the Sheriff for permission to see the hanging and it was refused. At an early hour I saw a lady dressed in deep mourning standing at the Court House gate and I was informed that it was Mrs. Maloney. After all was over, she still stood there, shivering in the intense cold, the bitter freezing cold. It appears some one had told her that the men who had murdered her husband and left her desolate, would be reprieved, and that only increased her anxiety to see the sentence of the law fulfilled.

Hour after hour she waited, while stout men, wrapping more closely their overcoats and mufflers around them, hurried on more rapidly as they felt the keen blast which swept across the square. Several times she was assured that the criminals were hanged; but she refused to believe it, till an acquaintance in whom she had confidence told her, and then with an expression of relief and satisfaction on her face, she suddenly left for home, and I saw her no more. Poor woman! the wrong done her and her child had been avenged. Justice had vindicated itself. Who shall say but half the sorrow of bereavement was lifted from her heart by the knowledge that the slayers of her husband had tasted the bitter waters of death, held to their unwilling lips by the hand of Retribution? Why was it that the satisfaction of witnessing the punishment was denied her? I may be wrong, but I only repeat the sentiments of many men here and elsewhere when I say: Hangings should be public.

I have heard and read many objections to public executions; but I am convinced that whatever may be said of the rude and brutal deportment of the crowd — the levity — the profanity, &c. &c., I am convinced that no man ever saw an infliction of the Death Penalty, and forgot it. Men may read the long accounts given by newspaper reporters, but the reality beggars description. The reader can get but a very poor idea from the most graphic account, and like any other item of news, it is not long remembered. If the grand object is to warn men, by impressing on their minds the terrible consequences of crime, then that warning should be given in the most public manner possible.

When I commenced this communication I had no thought of making a plea for the gallows; and I will only say, that until some more fearful mode of punishing the crime of murder can be invented, hanging commends itself to the approval of reflecting people. It is a severe remedy, but it is the only effectual one; and those individuals who oppose capital punishment so zealously, may easily find other ways to vent their sentimentalism. Sympathy for those whom crime has injured would be better placed than sympathy for criminals. You will hear from me on this subject no more until Jeff. Davis is hanged, and then I shall probably have some comments to make, as I shall endeavor to “be there to see.”

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1865: The Jacksonville Mutineers

Add comment December 1st, 2014 Headsman

On this date in 1865, six African-American infantrymen were shot in Fernandina, Florida, for the Jacksonville Mutiny.

Formed in 1863, the 3rd Infantry Regiment, United States Colored Troops served in the trenchworks around Fort Wagner — the grinding siege in the summer of 1863 that followed the bloody attempt to storm the fort immortalized in the 1989 film Glory.

The Third was subsequently transferred to Union-occupied Jacksonville, Florida for duty garrisoning a conquered town of the Confederacy whose white citizens chafed doubly at their presence. But the unit had weathered both the boredom of the garrison and the hostility of white Floridians, and was set to muster out and return home on Halloween of 1865.

All U.S. Colored Troop regiments were officered by white men, putting an inevitable racial tinge on the inherent potential tension between enlistees and their commanders — the triggering event in our story. Heading the Third was a fellow named John L. Brower, Lieutenant Colonel by rank courtesy of his political connections but of nearly no actual military experience.

Ohio National Guard Judge Advocate General Kevin Bennett, in his 1992 article about the mutiny,* calls Brower a “martinet”; elevated to command of the Third on September 12 for what should have been a mostly ceremonial interim, Brower delighted in enforcing stringent wartime discipline months after Appomattox. While no man welcomes the taste of the lash when he’s one foot out the door back to civilian life, excess discipline meted out by cruel white overseers was particularly bad form for Colored Troop regiments.

From the standpoint of black Americans, the war had been all about destroying slavery; they had practically had to force this objective, and their own presence,** into the conflict. Being strung up by the thumbs for petty theft — Brower’s decreed punishment for one of his charges on October 29 — was far too evocative of the hated Slave Power.

“Inexperienced officers often assumed that because these men had been slaves before enlistment, they would bear to be treated as such afterwards,” one white Colored Troop commander later remembered. “Experience proved to the contrary. Any punishment resembling that meted out by the overseers caused irreparable damage.”†


The inclination of black troops to reject servile treatment and the anxiety that this provoked among their officers and the larger white community must surely be read in view of the perplexing new conditions following the Civil War.

Even among whites who supported it in principle, slavery abolition meant an unsettling and uncertain rearrangement of civilization — or at least, it potentially meant that. Would the economy continue to function without slavery? Would the daily conventions and assumptions that had sustained whites north and south have to be entirely renegotiated?

“Once let the black man get upon his person the brass letter, U.S., let him get an eagle on his button, and a musket on his shoulder and bullets in his pocket, there is no power on earth that can deny that he has earned the right to citizenship,” Frederick Douglass had proclaimed. Now that the war had finished, what else did those musket-toting sable fellows think they had earned the right to?

Press reports over the course of 1865 show a continuing theme of “Negro mutinies”: it is for wiser studies than this post to determine whether the trend such stories represent is disturbances among the black soldiery, or an exaggerated preoccupation among their white countrymen. In either event, Jacksonville was very far from unique even if the punishments were exemplary.


From the June 16, 1865 Cleveland Plain Dealer, concerning black soldiers on a steamer bound for Texas calling at Fort Monroe who, chagrined at the assignment, refused to permit the steamer’s resuming its journey.


From the June 19, 1865 Philadelphia Inquirer, concerning a company refusing to embark for Texas. “Certain evil disposed persons put it into the heads of these credulous colored soldiers that they were to be sent to Texas as servants for the white troops,” runs the report. “Doubtless some secret enemies of the Government instilled similar subtle falsehoods into the simple minds of the blacks who were disarmed at Fortress Monroe a few days ago.”


From the September 30, 1865 Daily National Intelligencer (Washington, D.C.), concerning a mutiny reported near Hilton, N.C.


From the Oct. 1, 1865 Daily Constitutionalist (Augusta, Ga.), reporting a disturbance begun when a black regiment demonstrated against a court-martial for one of their comrades accused (and acquitted) of stealing a hat.

In the midst of all of this — right about the time of the incident in this post, in fact — bulletins reached American shores of the Morant Bay Rebellion, a bloody rebellion of black laborers in British-controlled Jamaica. Slavery had been abolished on that Caribbean island more than 30 years prior: what did that uprising augur for the races in these United States?


Subtext becomes text: the Norwich (Conn.) Aurora, December 23, 1865. “The African released from restraint, and the passion of the savage provoked, will realize the scenes formerly witnessed in Hayti.” (The full article (pdf))

For our case, the name of the man punished like a slave is lost, but we do know what he did: steal some molasses from the kitchen. That’s how six of his comrades ultimately wound up looking down the barrels of their executioners.

A Lt. Greybill caught the greedy nosher and decreed a rough summary punishment, which the arriving Brower arrived helped to enforce on the resisting prisoner. “Tying up by the thumbs” was a brutal and humiliating treatment that lifted the man by those digits (often dislocated in the process) until only his toes remained on the ground, barely supporting his weight, and left him there for hours. In the film 12 Years a Slave, we see a man subjected to this sort of tiptoeing, but with a rope about the neck instead of about the thumbs.

Other enlisted men gathered around this pitiful scene, complaining about what they saw. A Private Jacob Plowden, who will eventually number among our day’s six executees, cried out that “it was a damn shame for a man to be tied up like that, white soldiers were not tied up that way nor other colored soldiers, only in our regiment.”

Plowden announced that “there was not going to be any more of it, that he would die on the spot but he would be damned if he wasn’t the man to cut him down.” Another private, Jonathan Miller, joined the incitement — “Let’s take him down, we are not going to have any more of tying men up by the thumbs.” A number of the black soldiers, 25 to 35 or so, began advancing on Brower and the hanging molasses-thief. Brower drew his sidearm and fired into them, wounding a man and sending the soldiers scurrying — some dispersing, but other dashing off to tents to arm themselves.

Several non-lethal fights now occurred in various spots around the camp between soldiers and officers, and eventually between the disaffected soldiers and arriving brethren from Company K, who had been summoned to calm the situation.

Lt. Col. Brower exchanged shots with several of the men who armed themselves, and in a bit of symmetry with the distasteful punishment that had started the whole mess, he had his thumb shot off in the process. One of the privates who had been heard complaining of the thumb-hanging, now playing peacemaker, grabbed the injured officer and escorted him to a safe building, warning some men who tried to pursue them to “stop their damn foolishness.”

Elsewhere, a Lt. Fenno sabered a protestor, and got bashed over the head with a fence-post in response. Neither injury was life-threatening to its recipient. Some shots were exchanged elsewhere in camp and/or fired demonstratively into the air, again to no fatal effect. And a Private James Thomas cut down the post where the source of all the disturbance, the fellow who just wanted an extra ration of molasses, was hanging.

This was the whole of the commotion, which Company K reinforcements soon quelled.

In a speedy series of court-martials lasting from Oct. 31 to Nov. 3, thirteen men were convicted of mutiny in this affair, and a fourteenth of conduct prejudicial to good order (his offense: not during the mutiny but after all was over, saying of Brower, “the God-damned son of a bitch, he shot my cousin. Where is he? Let me see him.”) A fifteenth man was acquitted. All 15 accused mounted their own defense, without counsel or aid — generally endeavoring to show that they had either not armed themselves or (and this was the decisive factor for the six whose conviction carried a death sentence) not fired their weapon.

The trial itself posed interesting procedural dilemmas, which Bennett explores at length in his article: first, because it was a mutiny case, the white officers of the Third who comprised the jurors were also, awkwardly, the brother-officers of the witnesses who testified against the mutineers.

And second, although the Civil War was over, Florida still technically remained in a state of rebellion, and this enabled the unit to convene a general court-martial, issue death sentences, and even carry them out without allowing any appeal to Washington. General John Foster gave the final approval to the sentences and transmitted case files to Washington after the fact; that was all the six condemned had by way of legal or executive review.

On December 10, he received a telegraph ordering him to suspend one of the death sentences in response to an inquiry raised by U.S. Senator Edgar Cowan: Cowan had been contacted by one of his constituents, who represented that Private David Craig, whom the constituent had raised from childhood, had written him complaining of his wrongful conviction. According to Sen. Cowan, the allegation was that Craig had been directed to collect arms from the mutineers as the disturbance came to an end, but was thereafter arrested in the confusion for being armed with the weapons he collected. But December 10 was nine days too late, and the late Private Craig’s case file disturbingly seems to have been lost from the National Archives.

The other five shot by musketry this date were:

  • Joseph Green
  • James Allen
  • Jacob Plowden
  • Joseph Nathaniel
  • Thomas Howard

Lt. Col. Brower only testified at one of the courts-martial, and was sent home almost immediately afterwards. He’d lost his thumb for his adventure as an officer and a gentleman, but between the original provocative punishment that he helped enforce, and then inflaming a tense situation by shooting at his soldiers, the brass was probably just as pleased to see him go as were his subordinates.

The non-executed mutineers who received prison terms (up to 15 years) had their sentences commuted following a review in 1866. The rest of the regiment mustered out as scheduled at the end of October, two days after the Jacksonville Mutiny.

* B. Kevin Bennett, “The Jacksonville Mutiny”, Civil War History, Volume 38, Number 1, March 1992. Bennett’s article is the source of all of the quotes in this post not otherwise cited.

** See I Freed Myself, or this podcast interview with its author, David Williams.

† See here for a fascinating instance of this at sea in June 1865, by the author of Becoming American under Fire: Irish Americans, African Americans, and the Politics of Citizenship during the Civil War Era

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Entry Filed under: 19th Century,Capital Punishment,Death Penalty,Disfavored Minorities,Execution,Florida,History,Mass Executions,Military Crimes,Mutiny,Racial and Ethnic Minorities,Reprieved Too Late,Shot,Soldiers,U.S. Military,USA,Wartime Executions

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1865: Gerardo Barrios, Salvadoran statesman

Add comment August 29th, 2014 Headsman

August 29 is a National Day of Commemoration in El Salvador, honoring the execution on this date in 1865 of the country’s beloved ex-president Gerardo Barrios.

Today, you’ll find Barrios (English Wikipedia entry | Spanish) entombed adjacent Francisco Morazan, an apt deposition for both those great statesmen of Central American union. Barrios was just old enough — he enlisted at age 14 — to have served in Morazan’s army of the United Provinces of Central America, the abbreviated political expression of a wonderful vision for Spain’s former possessions. “This magnificent location between the two great oceans,” Bolivar once enthused of Central America,

could in time become the emporium of the world. Its canals will shorten the distances throughout the world, strengthen commercial ties with Europe, America, and Asia, and bring that happy region tribute from the four quarters of the globe. Perhaps some day the capital of the world may be located there, just as Constantine claimed Byzantium was the capital of the ancient world.

El Salvador was the capital of this prospective emporium, and not only in the sense that its government met at San Salvador.* As the “provinces” of Guatemala, Honduras, Nicaragua and Costa Rica pursued more autonomy and, eventually, outright independence, El Salvador was also the bastion of support for the failing union. It’s where Morazan fell back to as the United Provinces fractured, and it’s where he landed to mount a doomed reunification campaign.

Gerardo Barrios, come to political maturity as well as to manhood in Morazan’s service, was a Senator by the time the union ended. He followed Morazan into exile, and he raised a battalion for the abortive restoration attempt that cost Morazan his life.

After Morazan’s execution, Barrios increasingly became the key leader of remaining unionist aspirations, which also meant leadership of El Salvador’s liberal faction. This was the country — independent at last because all her sister provinces had declared independence from her — that Gerardo Barrios assumed leadership of in 1859,** a generation on from Morazan’s execution. Actual political reunification of the former provinces was by then as distant and gauzy a dream as Bolivar’s Byzantium; perhaps their most noteworthy common-purpose act in the meantime had been the coordinated defeat of American filibuster William Walker, an operation for which Barrios provided essential behind-the-scenes diplomacy.

So Barrios’s executive tenure would be a crucial period of state-building for Nicaragua: building up roads, schools, and other pillars of civil infrastructure; professionalizing the army; promulgating a comprehensive legal code; and economic development.†

It is from this farsighted era that Barrios won lasting fame as his country’s great statesman. And crowning the period with martyrs’ laurels has surely not done his reputation a bit of harm. His regional rivalry with the Guatemalan caudillo Rafael Carrera broke out into war in 1863, which quickly pulled in Honduras (on the side of El Salvador) and Nicaragua and Costa Rica (on the side of Guatemala). The populist Carrera, Guatemala’s “supreme and perpetual leader for life,” had been the central anti-unionist and anti-liberal figure dating back to the Morazan era, and besides his international alliances he gained the support in 1863 of Salvadoran Catholic clergy opposed to the secularization part of Barrios’s modernizing project. Finally encircled by his enemies in a besieged San Salvador in October of that year, Barrios was once again forced into exile.

Carrera died on April 14, 1865‡ and with the passing of the local hegemon Barrios — by now cooling his heels in Panama — saw an opportunity to regain leadership of his country. But the attempted rising that was to augur his re-entry into El Salvador came to nothing, and Barrios realizing the failure turned around to return to Panama almost as soon as he had arrived. Alas for him, a storm grounded his schooner in Nicaraguan waters.

Nicaragua extradited Carrera back to his native soil, albeit with an arrangement that the prisoner — who had been declared a traitor in absentia during his exile — would not face the death penalty. Once the man was in hand, El Salvador reneged on that part of the agreement and subjected Barrios to a military trial. “Today Duenas pronounces my sentence,” Barrios observed of his successor and enemy late the night of August 28, when the tribunal condemned him to be shot just hours thereafter. “But tomorrow I receive the verdict of history.”

The latter judgment has been an unmitigated victory for our man. His life is taught to schoolchildren and his image has graced the Salvadoran currency repeatedly. Two Salvadoran towns (Gerardo, and Barrios) are named in his honor, and many others have streets or plazas that bear his name, including a huge one in the center of San Salvador, ornamented with a monumental equestrian statue of its namesake.


(cc) image from Bradier044 of the Barrios statue in San Salvador’s Plaza Gerardo Barrios, also known as Plaza Civica.

* San Salvador, which is the present-day capital of El Salvador, was the capital of the United Provinces from 1834. Prior to that time, the capital was Guatemala City.

** Barrios had also been president on a brief interim basis for a few months in 1858.

† If you enjoy brewing a morning pot of El Salvador’s top agricultural export, coffee beans, tip your mug to Barrios: he’s credited with introducing coffee cultivation in the country.

‡ The same date John Wilkes Booth shot Abraham Lincoln.

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Entry Filed under: 19th Century,Capital Punishment,Death Penalty,El Salvador,Execution,Famous,Heads of State,History,Martyrs,Politicians,Power,Shot,Soldiers,Treason

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1865: Amy Spain, liberation anticipation

1 comment March 10th, 2014 Headsman

This date in 1865, just weeks before the final collapse of the Confederacy, a slave named Amy was hanged on a sycamore tree before the courthouse of Darlingon, S.C., for anticipating her liberty a little too exuberantly.

Mopping up after his march to the sea, Union Gen. William T. Sherman proceeded to South Carolina. After occuping the capital, Columbia, Sherman’s army made a northerly progression towards North Carolina.

In early March, Union Cavalry appeared in Darlington. Our 17-year-old principal, the domestic of a local lawyer named A.C. Spain,* exulted at this arrival.

“Bless the Lord, the Yankees have come!” Harper’s Weekly** would later report her to have exclaimed.

The long night of darkness which had bound her in slavery was about to break away. It was impossible to repress the exuberance of her feelings; and although powerless to aid the advancing deliverers of her caste, or to injure her oppressors, the simple expression of satisfaction at the event sealed her doom.

But the Union men were not long for the town. It was just a scout party; constrained by strategic objectives, and hindered by swollen early-spring rivers, the main body of Union forces passed Darlington by.

Anticipating an occupation that was not about to occur, Amy recklessly declared herself free and took some of the Spain household’s possessions — the fruit of her own involuntary labor. Whatever her exact actions in those days, they were frightfully punished — over the objection of A.C. Spain himself, who reportedly served as her advocate at the rebel military trial that condemned her.


This illustration of Amy Spain’s execution appeared with the Harper’s Weekly article quoted above.

Her persecutors will pass away and be forgotten, but Amy Spain’s name is now hallowed among the Africans, who, emancipated and free, dare, with the starry folds of the flag of the free floating over them, speak her name with holy reverence.

-Harper’s Weekly

* Spain was also a Confederate commissioner to Arkansas at the start of the Civil War, in which capacity he successfully urged Arkansas into the rebel camp.

** Septemer 30, 1865.

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1865: Paul Bogle

Add comment October 24th, 2012 Headsman

On this date in 1865, Baptist deacon Paul Bogle was hanged at the Morant Bay courthouse for his part in that locale’s eponymous rebellion.


Third World’s “1865 (96 degrees in the shade)” celebrates Paul Bogle: “Today I stand here a victim the truth is I’ll never die”

Bogle helped lead of the protests-cum-riots that became that rebellion.

Baptists played an essential role in the affair, which has led some to call it the “Native Baptist War”. And indeed, Baptism had long intertwined with underclass resistance: Jamaica’s most famous slave rebel, Samuel Sharpe, was also a Baptist deacon. A previous royal governor in Jamaica had once warned that “the worst evil which hangs with a menacing aspect over the destinies of this island is the influence exercised with baneful effect by the majority of Baptist missionaries.”

From the standpoint of the powerful in Jamaica and Britain, 1865 would vindicate that warning.

A (white) Baptist missionary named Edward Underhill had penned a January 1865 letter bemoaning the miserable condition of most Jamaicans and starkly disputing received wisdom that blacks were just too lazy to work: “The simple fact is, there is not sufficient employment for the people; there is neither work for them, nor the capital to employ them.” (Underhill later wrote a book on the events, The tragedy of Morant Bay, a narrative of the distrubances in the Island of Jamaica in 1865.)

Underhill’s letter got into public circulation and as a result there were a number of “Underhill meetings” perhaps comprising an “Underhill movement” on the island in 1865 — essentially a going social campaign that rooted deeply in Jamaica’s native Baptist communities. Though “native Baptists” is a vague term, it distinguishes not only black from white but, in the words of Mary Turner, a whole “proliferation of sects in which the slaves developed religious forms, more or less Christian in content that reflected their needs more closely than the orthodox churches, black or white.”

William Gordon had switched his religious allegiance to native Baptist and was known to speak at Underhill meetings: that’s part of what got him hanged.

Likewise, our day’s focus, Paul Bogle, was a native Baptist minister, in the St. Thomas-in-the-East parish — and it was the protest of Bogle and his supporters against an unjust prosecution that started the whole rebellion off.


Statue of a militant Paul Bogle (that’s a sword in his hands) outside the Morant Bay courthouse where all the trouble started. (cc) image from dubdem sound systems.

There was, accordingly, an immediate reward out on Bogle’s head, and an immediate demonization in the respectable English press. There, he was “the notorious Paul Bogle,” in the words of one letter to the editor (London Times, Nov. 18 1865), in whose Baptist chapel rebellious “panthers” wantonly “drank rum mixed with gunpowder and the brains of their victims.”

By the time that letter had been dispatched, Bogle’s purported orgies had long since been interrupted: captured by Maroons, he was delivered to custody, instantly tried, an hanged that very day in a batch of 18 rebels.

A horror to Victorian planters, Bogle has won the reverence of posterity as a freedom fighter and national hero.


Paul Bogle on the (now out-of-circulation) Jamaican two-dollar bill.

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1865: George William Gordon, Jamaican politician

Add comment October 23rd, 2012 Headsman

“No incident of the dreadful story” of Morant Bay, wrote Edward Underhill, “produced a more painful impression than the arrest, trial, and execution of Mr. G.W. Gordon” this date in 1865.

The son of a white planter and a mulatto slave, George William Gordon was an able businessman and became a Jamaican assemblyman.

In that capacity, he was a vocal critic of British colonial maladministration, an advocate for blacks, and a political foe of Jamaica’s governor, Edward John Eyre. He’d already had government commissions canceled because of his politics.

Gordon had nothing to do with the Morant Bay outbreak. He was away from the disturbance altogether, in Kingston, when it broke out.

But he was regarded by many white elites as a class enemy, and Eyre did not intend to miss this opportunity to eliminate him. A few years later, a French tribunal would express the rationale as it cracked down on the Paris Commune: guilty or no, “a prudent and wise Government must rid itself [of troublemakers] when it finds a legitimate occasion to do so.”

Accordingly, Gordon was arrested by civil authorities in Kingston — he actually turned himself in when he heard there was a warrant out on him — and then transferred into the hands of the drumhead military tribunals that were operating in the conflict zone, obviously with the intent of terminating a gadfly.

This extra-legal act is discussed in greater detail here, but the long and short of it was tartly summarized by no less than the sitting Lord Chief Justice:

[Kingston authorities] were not the ministers or apparitors of the martial authority, and did not possess the power to take up Mr. Gordon for the purpose of handing him over to the martial law. Nevertheless, they did it. They did it by the exercise of the strong hand of power, because it was thought that a conviction could not be got at Kingston. It was altogether unlawful and unjustifiable. To Mr. Gordon it made the difference of life or death.

Gordon, in his last letter to his wife, took it all in an understandably contemptuous stride:

General Nelson has just been kind enough to inform me that the court-martial on Saturday last has ordered me to be hung, and that the sentence is to be expected in a hour hence, so that I shall be gone from this world of sin and sorrow.

I regret that my worldly affairs are so derranged: but it cannot be helped … I never advised or took part in any insurrection. All I ever did was to recommend the people who complained to seek redress in a legitimate way … It is however the will of my heavenly Father that I should thus suffer in obeying His command, to relieve the poor and needy, and to protect, as far as I was able, the oppressed …

do not be ashamed of the death your poor husband will have suffered. The judges seemed against me; and from the rigid manner of the Court, I could not get in all the explanations I intended. … It seemed that I was to be sacrificed.

Much of what Governor Eyre did in those desperate days skirted, at best, the edges of what might be legally colorable. But at least those instances, in the main, were directed at people alleged to have been actual rebels or rioters. Eyre could safely expect wide latitude where the security of the realm was at stake.

In Gordon, however, there was a man whose crime was nothing other than to have sympathized with the real and crushing plight of the lower orders and advanced their cause politically. Eyre’s magistrates made that fact alone into sedition, and twisted the rules of their own courts-martial to pin it on Gordon.

Given the exceptionally lawless nature of this scenario — and Gordon’s own visibility as a colonial elite — his became the lightning-rod case for English liberals incensed at Eyre’s behavior. John Stuart Mill, Charles Darwin, Herbert Spencer, and others demanded Eyre’s prosecution for the affair, Thomas Huxley writing for the faction,

the killing of Mr. Gordon can only be defended on the ground that he was a bad and troublesome man; in short, that although he might not be guilty, it served him right.

I entertain so deeply-rooted an objection to this method of killing people — the act itself appears to me to be so frightful a precedent, that I desire to see it stigmatised by the highest authority as a crime.

It can hardly surprise the reader, versed as we are by this late date in official impunity, that not Eyre nor any lieutenant was ever thus stigmatised.

While Eyre evaded due punishment, Gordon could not escape the plaudits of posterity. He’s been honored as a Jamaican National Hero, and the very building where the present-day parliament sits is called the Gordon House in his honor.

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Entry Filed under: 19th Century,Activists,Businessmen,Capital Punishment,Cycle of Violence,Death Penalty,England,Execution,Famous,Hanged,History,Jamaica,Martyrs,Notable Jurisprudence,Occupation and Colonialism,Politicians,Power,Public Executions,Rioting,Wartime Executions,Wrongful Executions

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