1787: John Bly and Charles Rose, Shaysites

Add comment December 6th, 2018 Headsman

On this date in 1787, the only two men to hang for the infant American republic’s seminal post-independence rebellion went to the gallows at Lenox, Massachusetts.

The newborn United States emerged from the American Revolution (1776-1783) in a parlous financial condition. Forever short of gold and credit, it had paid George Washington’s Continental Army in worthless scrip* and promises of goodwill. Instead, many a Cincinnatus returned from Yorktown to discover his debtor farm dunned by creditors and taxmen, as desperate as he for hard currency.

Come 1786, protests against unpayable taxes verged into an outright rural insurrection in western Massachusetts. Known for one of its principals, Daniel Shays — who like so many of his fellows was a Continental Army veteran turned penniless farmer — this rebellion continued for several months and took earnest aim at the hated Massachusetts merchant elites. Some 4,000 “Shaysites” would eventually admit to** taking the field as rebel guerrillas. They mounted an attack on a federal armory, and seized weapons where they could for their own use.

A few books about Shays’s Rebellion

It was this last act which occasions our men’s hangings.

The new American authorities, who had not so many years ago been beckoning this same populace to take up their muskets in revolution, exercised in this moment a brittle authority and they would calculate that the proper balance of due regard for their power without unnecessary resentment entailed only a circumscribed approach.

Instead of charging Shaysites wholesale, most were waved away with a free pardon. And instead of charging treason, the Bay State made its demonstration cases with regular criminal offenses — for burglary when our men John Bly and Charles Rose followed some Shaysite militiaman’s order to confiscate guns and powder from nearby houses. In 1787, that was still a potential hanging offense.

Of course, everyone understood well enough the real offense. On the eve of their executions, someone got the condemned men to sign onto a “Last Words & Dying Speeches” broadsheet with a lesson addressed “To the good People of Massachusetts, more especially to Daniel Shays, and other Officers of the Militia, and the Select men of Towns who have been instrumental in raising the Opposition to the Government of this Commonwealth:”

Our fate is a loud and solemn lesson to you who have excited the people to rise against the Government … Advert to those things — live peaceably with all men — be not too jealous of your Rulers — remember that Government is absolutely necessary to restrain the corrupt passions of men — obey your Honest Governors — be not allured by designing men — pay your honest debts and your reasonable taxes — use your utmost endeavours to give peace to your divided, distracted country …

There was another legacy: the outbreak of Shays’s Rebellion — and the federal government’s impotence to respond to it (it was haltingly suppressed by state militia, with the insurgents at points escaping into New York for breathing room) — helped catalyze the Constitutional Convention from May to September of 1787, and informed its creation of a stronger federal state and of the system of checks upon democratic action that a rebellious populace might wish to undertake.

There’s a podcast episode about Shays’s Rebellion here.

* So widely shunned was the depreciated paper Continental currency issued during the Revolution that the phrase “not worth a Continental” entered the parlance of the times; it was these notes that had been given to revolutionary soldiers by way of aspirational salary like so many stock options from a foundering Silicon Valley startup. In 1791, these Continentals were bought out by the new federal government at one cent on the dollar.

** This census arrives via applications for the free amnesty eventually offered to the Shaysite rank and file.

On this day..

Entry Filed under: 18th Century,Capital Punishment,Death Penalty,Execution,Guerrillas,Hanged,History,Massachusetts,Milestones,Power,Public Executions,Revolutionaries,Soldiers,Theft,Treason,USA

Tags: , , , , , , , , , , , ,

1788: Levi and Abraham Doan, attainted Tories

Add comment September 24th, 2018 Headsman

On this date in 1788, Pennsylvania highwaymen-cousins Levi and Abraham Doan(e) were hanged on Windmill Island, Philadelphia.*

A whole clan of outlaws turned Revolutionary War Tories, the Doans — brothers Moses, Aaron, Mahlon, Joseph and the aforementioned Levi plus their cousin Abraham — “were all of the Quaker faith and did not believe in war,”** according to a descendant, but “The new government levied a tax upon Joseph, Sr., the father of the Tory Doan boys, confiscated his farm, threw his wife, 3 daughters and youngest son off of the land, jailed Joseph Sr. for non payment of taxes and branded him on his hand as a criminal. This was the given reason for the start of the notorious group known as the Tory Doans.” During the Revolutionary War they served their pecuniary interest by pillage, and their political interest by informing for the British army, in an exciting sequence of adventures. (A public domain history of the Doans amid the revolution can be enjoyed here.)

None of these activities being well calibrated to earn sympathy in the independent United States that emerged and Pennsylvania hit the lot with a judicial attainder issued by the Supreme Court and ratified by the General Assembly.

In a few years’ time the newborn country’s constitution would prohibit acts of attainder but for a few short years this heritage from the mother country — enabling some organ of the state to levy legal penalties on some outlaw party by decree, absent any sort of trial — incongruously continued in that land of the free. In these very pages we have previously noticed an attainder controversially invoked by brand-name founding fathers of Virginia, also against bandits with a pronounced Tory lean.

Likewise in Pennsylvania the Doan attainder “provoked a constitutional test.” (Source) When gang leader Aaron Doan was arrested, he faced the prospect of immediate execution; however, he was able to produce an alibi relative to the specific incident charged — the robbery of a county treasurer in 1781 — and “to the disappointment of many, he was reprieved under the gallows.” (Maryland Journal, Aug. 19, 1788) He later emigrated to Canada. (His brother Joseph did likewise.)

The kinsmen were not so lucky, this time coming out on the short end of the constitutional test case — as described by patriot statesman Charles Biddle, who made an unsuccessful intervention on their behalf in the Supreme Executive Council that wielded executive power in the commonwealth until 1790.†

The Legislature were inclined to pass a bill in their favor, and appointed a committee, consisting of Mr. Lewis, Mr. Fitzsimons and Mr. Rittenhouse, to confer with the Supreme Executive Council on the subject of their pardon. This I believe was what proved fatal to these young men. Several of the members of the Council thought the Legislature had no business to interfere, as the power of pardoning, by the Constitution, was given to the Council. They refused to pardon or extend the time fixed for their execution. It was in vain the members of the Legislature and the minority in the Council urged the peculiar situation of these unfortunate men; the majority were jealous of the interference of the Legislature, and it was carried by a very small majority, that they should suffer. Going to the Council the day afterwards, I met them going in a cart to the gallows, followed by their relations and friends. It was a very affecting sight. They died with great firmness.

* An island in the Delaware River which was later bisected by a ferry channel, dividing it into Smith’s Island and Windmill Island. Both islands were removed by civil engineers in the late 19th century as an aid to the Philadelphia port.

** To revolutionary patriots, Quakers looked a rather suspiciously British-friendly bunch.

† The body’s president at the time of the Doan hangings was no less than the $100 bill guy himself, Benjamin Franklin. Surprisingly, Benjamin’s son William Franklin had during the war years been the Tory governor of New Jersey in which capacity he had signed off on some political executions of his own.

On this day..

Entry Filed under: 18th Century,Capital Punishment,Common Criminals,Death Penalty,Disfavored Minorities,Execution,Hanged,History,Notable Jurisprudence,Outlaws,Pennsylvania,Public Executions,Spies,Theft,USA

Tags: , , , , , , , , , ,

1765: Andrew Oliver lynched in effigy to the Liberty Tree

Add comment August 14th, 2018 Headsman

On this date in 1765, Boston patriots lynched the merchant designated as the imperial taxman. They only did so in effigy, but the “execution” scared him permanently off the job while also making a gallows-tree into one of the earliest symbols of American independence.

One of the key pre-revolution irritants for the future United States, the 1765 Stamp Act imposed taxes in the form of stamp duties on a variety of printed products, for the purpose of funding the British army deployed to North America. It was a levy long familiar to London lawmakers but it sent the colonies right around the bend, and since the colonies sat no Member of Parliament who could flip an official wig it also popularized the classic revolutionary slogan about “taxation without representation.”*

Enacted in the spring of 1765 and due to take effect in November, the Stamp Act drew immediate outrage in the colonies and especially in that hotbed of subversion, Boston.

There, Andrew Oliver, scion of a shipping magnate clan, was tapped to collect the levy. It figured to be just the latest in a series of lucrative state appointments. How was he to know in advance that this particular legislation would unleash the crazies? Perhaps he should have given more heed to the publication of ominous warnings over the roster of tax collector names.


Boston Post-Boy, August 5, 1765

On the morning of Wednesday, August 14, a crowd of irate Bostonians mobbed the corner of Essex Street and Orange Street (present-day Washington Street) and upon a large elm tree strung up an effigy of Oliver alongside a boot — the footwear comprising a second, punny, effigy of the Stamp Act’s sponsor the Earl of Bute.

“What greater Joy can NEW-ENGLAND see,” ran the menacing note pinned to the mannequin, “Than STAMPMEN hanging on a Tree!” As is clear from the following newspaper account, versions of which circulated widely in New England, these were no mere theatrics but a very proximate physical threat; even the elm’s property owner dared not take down the provocative display for fear that the crowd would pull down his house. Likewise taking the better part of valor, Oliver pledged to anti-tax colonists that he would not take the office, and he kept his word.**


Providence Gazette, August 24, 1765

After this triumphant debut, the elm in question became a common rallying-point for the hotheaded set, a frequent stage for speechifying, rabble-rousing, and fresh instances of popular justice all further to the patriot cause until, as Nathaniel Hawthorne put it, “after a while, it seemed as if the liberty of the country was connected with Liberty Tree.” Of course, it’s all a question of whose liberty; a Tory gloss on this deciduous republican made it “an Idol for the Mob to Worship; it was properly the Tree ordeal, where those, whom the Rioters pitched upon as State delinquents, were carried to for Trial, or brought to as the Test of political Orthodoxy.” When besieged in Boston in 1775-1776, British Tories cut the damned thing down, so for subsequent generations it was only the Liberty Stump.


“The Colonists Under Liberty Tree,” illustration from Cassell’s Illustrated History of England, Volume 5, page 109 (1865)

The Liberty Tree is commemorated today at its former site, and forever in verse by revolutionary firebrand Thomas Paine.

In a chariot of light from the regions of day,
The Goddess of Liberty came;
Ten thousand celestials directed the way,
And hither conducted the dame.

A fair budding branch from the gardens above,
Where millions with millions agree,
She brought in her hand as a pledge of her love,
And the plant she named Liberty Tree.

The celestial exotic struck deep in the ground,
Like a native it flourished and bore;
The fame of its fruit drew the nations around,
To seek out this peaceable shore.

Unmindful of names or distinctions they came,
For freemen like brothers agree;
With one spirit endued, they one friendship pursued,
And their temple was Liberty Tree.

Beneath this fair tree, like the patriarchs of old,
Their bread in contentment they ate
Unvexed with the troubles of silver and gold,
The cares of the grand and the great.

With timber and tar they Old England supplied,
And supported her power on the sea;
Her battles they fought, without getting a groat,
For the honor of Liberty Tree.

But hear, O ye swains, ’tis a tale most profane,
How all the tyrannical powers,
Kings, Commons and Lords, are uniting amain,
To cut down this guardian of ours;

From the east to the west blow the trumpet to arms,
Through the land let the sound of it flee,
Let the far and the near, all unite with a cheer,
In defence of our Liberty Tree.

* Visitors to the U.S. capital of Washington D.C., whose 700,000 residents cast no votes in the Congress they live cheek by jowl with, can find this familiar grievance right on the city’s license plates.

** How far this surly bunch was prepared to go on August 14, 1765, one can only guess at; however, in later years, there would be several instances of Bostonians tarring and feathering various tax collectors. These guys did not do civility politics.

On this day..

Entry Filed under: 18th Century,Arts and Literature,Borderline "Executions",Businessmen,England,Executed in Effigy,Execution,Hanged,History,Lynching,Massachusetts,No Formal Charge,Not Executed,Occupation and Colonialism,Pelf,Politicians,Popular Culture,Power,Public Executions,Summary Executions,USA

Tags: , , , , , , , , , ,

1779: Henry Hare, Tory spy

Add comment June 21st, 2018 Headsman

On this date in 1779, American Revolution patriots hanged Henry Hare as a spy at Canajoharie in upstate New York.

In the first years of the revolution, this district was plagued (from the revolutionists’ standpoint) by raids of Tory loyalists and their allied indigenous Six Nations confederation: the latter had sided with the British against the land-hungry colonists in hopes of better retaining their rights against settlers.

An irritating situation became an intolerable one when loyalists and Mohawks descended on the village of Cherry Valley November 11, 1778, and massacred not only its defenders but about 30 non-combatants.


The slaughter of Jane Wells during the Cherry Valley Massacre. Engraving by Thomas Phillibrown from an original image by Alonzo Chappel (1828-1887).

In retaliation, Gen. George Washington ordered a retaliatory foray that history remembers as the Sullivan Expedition, after its leader, Gen. John Sullivan.

“The Expedition you are appointed to command is to be directed against the hostile tribes of the Six Nations of Indians, with their associates and adherents,” Washington instructed his man.

The immediate objects are the total destruction and devastation of their settlements, and the capture of as many prisoners of every age and sex as possible. It will be essential to ruin their crops now in the ground and prevent their planting more.

I would recommend, that some post in the center of the Indian Country, should be occupied with all expedition, with a sufficient quantity of provisions whence parties should be detached to lay waste all the settlements around, with instructions to do it in the most effectual manner, that the country may not be merely overrun, but destroyed.

But you will not by any means listen to any overture of peace before the total ruinment of their settlements is effected. Our future security will be in their inability to injure us and in the terror with which the severity of the chastisement they receive will inspire them.

But the first chastisements were issued to no Indian, but to Tory skulks.

Sullivan took command of one column, and ordered Gen. James Clinton to march another force down the Mohawk River Valley to Canajoharie. The following narration from the very specific chronicle History of Schoharie County, and border wars of New York gives us two Tory spies along with at least one patriot deserter all executed in those precincts; however, another Clinton letter dates only the Hare hanging specifically to Monday, June 21 (precise dates for the other two executions appear to be lost to history).

While Gen. Clinton was waiting at Canajoharie for his troops and supplies to assemble, and also for the construction of bateaus, two tories were there hung, and a deserter shot. The following letter from Gen. Clinton to his wife, dated July 6th, 1779, briefly narrates the death of the two former:

I have nothing further to acquaint you of, except that we apprehended a certain Lieut. Henry Hare, and a Sergeant Newbury, both of Col. Butler’s regiment, who confessed that they left the Seneca country with sixty-three Indians, and two white men, who divided themselves into three parties — one party was to attack Schoharie, another party Cherry-Valley and the Mohawk river, and the other party to skulk about Fort Schuyler and the upper part of the Mohawk river, to take prisoners or scalps. I had them tried by a general court martial for spies, who sentenced them both to be hanged, which was done accordingly at Canajoharie, to the satisfaction of all the inhabitants of that place who were friends to their country, as they were known to be very active in almost all the murders that were committed on these frontiers. They were inhabitants of Tryon county, had each a wife and several children, who came to see them and beg their lives.

The name of Hare was one of respectability in the Mohawk valley, before the revolution. Members of the Hare family were engaged for years in sundry= speculations with Maj. Jelles Fonda, who, as already observed, carried on an extensive trade with the Indians and fur traders at the western military posts; his own residence being at Caughnawaga [the region north of the Mohawk] Henry Hare resided before the war in the present town of Florida, a few miles from Fort Hunter. At the time he left the valley with the royalist party to go to Canada, his family remained, as did that of William Newbury, who lived about 3 miles from Hare, toward the present village of Glen.

If Hare had rendered himself obnoxious to the whigs of Tryon county, Newbury had doubly so, by his inhuman cruelties at the massacre of Cherry Valley, some of which, on his trial, were proven against him. Hare and Newbury visited their friends, and were secreted for several days at their own dwellings. The former had left home before daylight to return to Canada, and was to call for his comrade on his route. Maj. Newkirk, who resided but a short distance from Hare, met a tory neighbor on the afternoon of the day on which Hare left home, who either wished to be considered one of the knowing ones, or lull the suspicions resting upon himself, who communicated to him the fact that Hare had been home — and supposing him then out of danger, he added, “perhaps he is about home yet.” He also informed him that Newbury had been seen.

Hare brought home for his wife several articles of clothing, such as British calicoes, dress-shawls, Indian mocasons, &c., and on the very day he set out to return to Canada, she was so imprudent as to put them on and go visiting — the sight of which corroborated the story told Newkirk. The Major notified Capt. Snooks, who collected a few armed whigs, and in the evening secreted himself with them near the residence of Hare, if possible, to give some further account of him.

Providence seems to have favored the design, for the latter, on going to Newbury’s, had sprained an ankle. Not being willing to undertake so long a journey with a lame foot, and little suspecting that a friend had revealed his visit, he concluded to return to his dwelling. While limping along through his own orchard, Francis Putman, one of Snook’s party, then but 15 of 16 years old, stepped from behind an apple tree, presented his musket to his breast, and ordered him to stand. At a given signal, the rest of the party came up, and he was secured. They learned from the prisoner that Newbury had not yet set out for Canada, and a party under Lieut. Newkirk went the same night and arrested him. They were enabled to find his house in the woods by following a tame deer which fled to it.

The prisoners were next day taken to Canajoharie, where they were tried by court martial, found guilty, and executed as previously shown. The execution took place near the present village of Canajoharie. The influence exerted by the friends of Hare to save him would have been successful, had he declared that he visited the valley solely to see his family. He may have thought they dared not hang him; certain it is, that when he was interrogated as to the object of his visit, he unhesitatingly said that he not only came here to see his family, but also came in the capacity of a spy. A deserter, named Titus was shot at Canajoharie about the time the spies were hung, as I have been informed by an eye witness to all three executions. — James Williamson.

Deserters were shot for the first, second, or third offence, as circumstances warranted. Newbury and Titus were buried near the place of execution, and the bones of one of them were thrown out at the time of constructing the Erie Canal [which cut through the Mohawk Valley -ed.], by workmen who were getting earth for its embankment. The body of Hare was given to his relatives for interment. Previous to burial the coffin was placed in a cellar-kitchen, before a window, in which position a snake crawled over it. This circumstance gave rise to much speculation among the superstitious, who said “It was the Devil after his spirit.”

On this day..

Entry Filed under: 18th Century,Capital Punishment,Death Penalty,Desertion,England,Espionage,Execution,Guerrillas,Hanged,History,Military Crimes,New York,Soldiers,Spies,Terrorists,U.S. Military,USA,Wartime Executions

Tags: , , , , , , , , ,

1793: Armand Louis de Gontaut

Add comment December 31st, 2017 Headsman

Armand Louis de Gontaut, duc de Lauzun and later duc de Biron, an officer in the American Revolution and and the French Revolution, was guillotined during the Paris Terror on this date in 1793.

Born in 1747, Lauzun had some youthful finding-himself years “wasting his fortune in dissipation in various parts of Europe” before he got serious about being an Enlightenment Man, penned an essay on British colonial defenses, and went and fought them in a colonial skirmish.

Satisfactory performance in West Africa qualified him to twist the lion’s tail again by raising a legion of hussars for the American Revolution. Lauzun fought at the independence-clinching upset of Yorktown, winning promotion back in the home country to marechal de camp.

That Lafayette-like package of liberal sensibility, blue blood, and battlefield competence was just the thing for the more moderate early years of the French Revolution, and just the thing to cost his head by the time of the Terror. Our man found himself by 1793 transferred from the French army on the Rhine to the against War in the Vendee where he arrived already too milquetoast for the extreme violence being demanded for pacification. The Jacobin firebrand Marat had already petitioned for the ex-nobleman’s removal; it was effected by Jean-Baptiste Carrier who in 1793 was busily blackening his name by pacifying the Vendee with indiscriminate slaughter.

Lauzun/Biron/Gontaut was arrested at Carrier’s behest for incivisme, that want of revolutionary ardor that in this moment stood tantamount to treason. Vainly he protested (pdf) from his confinement that “my conscience reproaches me for nothing.” Still, he met the inevitable fate at the Revolutionary Tribunal’s hands with peace and was reported to have gone calmly to the guillotine, the last words upon his lips a self-recrimination:

“I die punished for having been false to my God, my King and my order.”

On this day..

Entry Filed under: 18th Century,Beheaded,Capital Punishment,Death Penalty,Execution,France,Guillotine,History,Nobility,Public Executions,Soldiers,Treason,Wartime Executions

Tags: , , , , , , , , , ,

1778: Samuel Lyons and Samuel Ford, Fort Mifflin deserters

Add comment September 2nd, 2016 Headsman

In Philadelphia this date in 1778, “Lyons, Ford and Wilson, late Lieutenants, and John Lawrence, late gunner, in the navy of this State, were taken from the gaol to one of the gallies lying off Market Street wharf, where the two former were shot agreeable to their sentence, but the two latter reprieved.” (Pennsylvania Evening Post, September 2, 1778)

Samuel Lyons, Samuel Ford, John Wilson and John Lawrence all served on various of the American “row galley” fleet that gave the American revolutionaries at least some seaborne presence in their fight against the world’s preeminent naval power.

The four, executed and pardoned alike, had deserted the American garrison when that preeminent power put Fort Mifflin in the Delaware River under siege the previous autumn. (There’s a very detailed account of this operation here; the British eventually captured the fort from its badly outnumbered defenders.)

While desertion between the antagonists was a common phenomenon in the American Revolution, this made for an especially bad look a year later once the British abandoned Philadelphia to the aggressively triumphalist Patriots.

Even so, the last-minute clemencies alongside the actual shootings were also very much a part of the Continental Army’s delicate enforcement of discipline, in an environment where it feared that being either too lenient or too harsh could fatally undermine the tenuous morale of the rank and file. Every enforcement was considered in the light of its public impression.

“The number of spectators was very great,” our short report in the Evening Post concluded. “And it is hoped the melancholy scene will have a proper effect upon the profligate and thoughtless, who do not seriously consider that the crime of desertion is attended with the dreadful consequences of wilful perjury.”

On this day..

Entry Filed under: 18th Century,Capital Punishment,Death Penalty,Desertion,England,Execution,History,Last Minute Reprieve,Military Crimes,Not Executed,Occupation and Colonialism,Pardons and Clemencies,Pennsylvania,Public Executions,Shot,Soldiers,U.S. Military,USA,Wartime Executions

Tags: , , , , , , ,

1777: James Molesworth, in the words of the Founding Fathers

Add comment March 31st, 2016 Headsman

John Adams to Abigail Adams

Philadelphia
March 31, 1777

I know not the Time, when I have omitted to write you, so long. I have received but three Letters from you, since We parted, and these were short ones. Do you write by the Post? If you do there must have been some Legerdemain. The Post comes now constantly once a Week, and brings me News Papers, but no Letters. I have ventured to write by the Post, but whether my Letters are received or not, I dont know. If you distrust the Post, the Speaker or your Unkle Smith will find frequent Opportunities of conveying Letters.

I never was more desirous of hearing frequently from Home, and never before heard so seldom. We have Reports here, not very favourable to the Town of Boston. It is said that Dissipation prevails and that Toryism abounds, and is openly avowed at the Coffee Houses. I hope the Reports are false. Apostacies in Boston are more abominable than in any other Place. Toryism finds worse Quarter here. A poor fellow, detected here as a Spy, employed as he confesses by Lord Howe and Mr. Galloway to procure Pilots for Delaware River, and for other Purposes, was this day at Noon, executed on the Gallows in the Presence of an immense Crowd of Spectators. His Name was James Molesworth. He has been Mayors Clerk to three or four Mayors.

I believe you will think my Letters, very trifling. Indeed they are. I write in Trammells. Accidents have thrown so many Letters into the Hands of the Enemy, and they take such a malicious Pleasure, in exposing them, that I choose they should have nothing but Trifles from me to expose. For this Reason I never write any Thing of Consequence from Europe, from Philadelphia, from Camp, or any where else. If I could write freely I would lay open to you, the whole system of Politicks and War, and would delineate all the Characters in Either Drama, as minutely, altho I could not do it, so elegantly, as Tully did in his Letters to Atticus.

We have Letters however from France by a Vessell in at Portsmouth — of her important Cargo you have heard. There is News of very great Importance in the Letters, but I am not at Liberty. The News, however, is very agreable.


John Hancock to George Washington

Philada
April 4[-8], 1777

Sir,

The enclosed Resolves of Congress, which I have the Honour of transmitting, will naturally claim your Attention from their great Importance.

The Regulations relative to the Payment of the Troops and the Department of the Paymaster General, will I hope be the Means of introducing Order and Regularity into that Part of the Army; where, it must be confessed, they were extremely wanted.

General Gates having laid before Congress the Proceedings and Sentence of a Court Martial on a certain James Molesworth who was accused and found guilty of being a Spy, they immediately approved the same. He has since suffered the Punishment due to his Crime. From his repeated Confession, it appears, that Mr Galloway was extremely active in engaging him to undertake this infamous Business, and was the Person employed to make the Bargain with him. He says indeed, Lord Howe was present: but from the Description he gave of his Person, it is supposed he must be mistaken.

The Congress have directed Genl Gates to take Genl Fermoy with him to Ticonderoga, and such other french Officers as he may think proper. Genl St Clair being ordered to Ticonderoga, but previously to repair to this City to wait the further Order of Congress, you will please to direct him to repair here accordingly as soon as possible. I have the Honour to be with the most perfect Esteem & Respect Sir Your most obed. & very hble Serv.

John Hancock Presidt

On this day..

Entry Filed under: 18th Century,Capital Punishment,Death Penalty,England,Espionage,Execution,Hanged,History,Occupation and Colonialism,Pennsylvania,Public Executions,Spies,U.S. Federal,USA,Wartime Executions

Tags: , , , , , , , , , , ,

1774: William Ferguson, redcoat

Add comment December 24th, 2014 Headsman

On the morning of December 24, 1774, the British 10th Regiment encamped on Boston Common shot a 28-year-old soldier named William Ferguson for desertion.

We do know a bit about Ferguson, but the most self-evidently notable thing about him is that he was in Boston in 1774 — his regiment of redcoats a most unwelcome interloper lately brought from Quebec where it had alit after being shipped overseas years before to fight in the North American theater of the Seven Years’ War.

Back in December of 1773, a year before our action, American patriots had ratcheted up the colonies’ running tax dispute with the mother country by dumping 45 tons of East India Company tea into Boston Harbor.

Over the ensuing twelvemonth, London and the colonies escalated unpleasantries to the point where King George III remarked that “The die is now cast. The colonies must either submit or triumph.”

The immediate British response to the Boston Tea Party, and the reason that William Ferguson and His Majesty’s 10th Regiment of Foot made their obnoxious camp on Boston Common, was that Parliament responded to the Tea Party with a series of punitive enactments directed at the colonies in general and Boston in particular: the Coercive Acts. (Or “Intolerable Acts”, as called by the colonists.)

Among other things, these measures:

  1. Closed the port of Boston;
  2. Exempted British officials in the colony from trials before colonial juries for any excesses they might commit against American insurgents, instead removing administration of justice safely to Britain; and,
  3. Put Massachusetts under a military governor: General Thomas Gage

Gage’s first order of business was to garrison truculent Boston (already occupied since 1768) with enough soldiery to enforce Parliament’s will. Throughout the summer and autumn of 1774, British troops arriving from elsewhere in the colonies — or from Canada (as with the 10th) — or mustered in Great Britain — poured into Boston. By the end of 1774, eleven regiments made camp on the Common. “Boston,” Gage wrote to the Secretary of War, “will keep quiet as long as the troops are there.”

But to dominate Boston was not to bring the colonies to heel.

General Gage soon realized that he had a tricky assignment: even while implementing laws designed specifically to antagonize Massachusetts, he simultaneously had to try to pre-empt the gestating American Revolution. Egregiously underestimating the vigor of colonial resistance and the resources required to quell it, London brushed off Gage’s entreaties for thousands of additional troops while counterproductively pressuring him to take more confrontational action against disloyal colonists.

Gage’s attempt to reconcile all these contradictory demands was to use his regiments in Boston in a series of targeted sorties into the Massachusetts countryside, in an effort to deprive colonial militias (and, now, a rebel shadow government that held sway outside of Boston) of the arms they would need in the event of open rebellion. Gage hoped he could pick off tactical objectives one by one, and ideally do so without firing any shots that might further inflame a tense situation. Some of his own subalterns sneeringly nicknamed him the “Old Woman” for insufficient bellicosity.

Gage’s plan was probably always doomed to failure. Massachusetts militiamen had already demonstrated a considerable propensity to redcoat inflammation; some one of these expeditions was bound sooner or later to send musket balls flying.

In April of 1775, that’s exactly what happened: a column of British soldiers, some from the 10th Regiment, marched out to seize a militia arms depot in the town of Concord. About sunrise of April 19, 1775 that column entered the village of Lexington on the approach to Concord and there exchanged with a colonial militia the first shots of the American Revolution.

The only British casualty of the “shot heard round the world” was a minor leg wound suffered by a private of the 10th named Johnson. (The subsequent Battle of Concord was a different story.)

Present for Lexington and Concord and presumably also in attendance at William Ferguson’s execution by musketry was yet another brother Tenther: Ensign Jeremy Lister. Lister’s diary of events is one of our firsthand accounts of the Battles of Lexington and Concord.

On this day..

Entry Filed under: 18th Century,Capital Punishment,Death Penalty,Desertion,England,Execution,History,Massachusetts,Military Crimes,Occupation and Colonialism,Shot,Soldiers,USA

Tags: , , , , , , , , , , ,

1782: The Gnadenhutten Massacre

3 comments March 8th, 2014 Headsman

You recall the time when the Jesus Indians of the Delawares lived near the Americans, and had confidence in their promises of friendship, and thought they were secure, yet the Americans murdered all the men, women, and children, even as they prayed to Jesus?

Tecumseh, to William Henry Harrison in 1810

This date in 1782 marks one of the more appalling single atrocities in the United States’s long destruction of indigenous Native Americans — the Gnadenhutten Massacre.

This incident during the American Revolution took place in the Ohio River basin, a vast and fertile flashpoint whose part in not only the revolution but the antecedent French and Indian War perhaps entitles it to claim the midwifery of the coming American empire.

After victory in the French and Indian War, the British closed the area west of the Appalachian mountains to European settlement. This proclamation:

  • Made good a wartime pact Britain had made to secure the support of the Iroquois, Lenape (Delaware) and Shawnee tribes; and
  • Trailed facts on the ground the moment it was issued.

European settlements and land claims already existed in the supposed Indian Reserve, and land-hungry settlers did not let the supposed frontier deter them from advancing new ones. Confrontations between these arriving claimants and the native inhabitants not infrequently came to atrocious resolutions.

By 1768, a new treaty pushed the line further west, effectively ceding to the colonists everything south of the Ohio River — present-day Kentucky and West Virginia.*


Map of the disputed area: the frontier moved from the yellow line along the Applachians to the orange line along the Ohio.

Ohio Country, the remaining territory in dark green shading north of the Ohio River, lay at the time of the American Revolution between the British garrison at Fort Detroit and colonial outposts along the nascent United States’s western marches, such as Fort Pitt (Pittsburgh).

The Lenape Indians in Ohio Country had a difficult calculation to make as to which side (if any) and how to support during the British-American fighting. The question split the Lenape internally.

In this cauldron, a strange morsel: Lenape who were Moravian** Christian converts had established a little missionary village. “Gnadenhutten” literally means “huts of grace”.

As one might imagine, Gnadenhutten and its sister settlements of pacifistic, Christian Lenape stood in a terribly ambiguous position in the brutal irregular war going on around them. Their fellow Lenape distrusted them because they were Christians; their fellow Christians, because they were Lenape.

Suspected by the British of being friendly enough with the American colonists to pass intelligence to their eventual murderers, these converts were in 1781 forced out of Gnadenhutten by British-allied Lenape to a new settlement aptly named “Captive Town”.

Starving there in the ensuing winter, the Moravians dispatched nearly 100 of their number back to Gnadenhutten to retrieve food abandoned at that settlement.

The Moravians were still at their village when a raiding party of Pennsylvanians descended on the town. Under no authority but the militiamen’s own festering grievances from the ongoing dirty war, the Pennsylvanians rounded up the Delaware and heartlessly declared their deaths.

Here were Indians who would pay for the violence Indians had done. And they were the best kind: the kind who didn’t fight back.

After spending a night praying and preparing for the end, the Moravian Lenape were systematically butchered on the morning of March 8† with mallet blows and scalpings.

Depending on your source, there were either 90 or 96 scalps to take that morning – women, men, and children in nearly equal proportions. At least one young boy survived the death squad and reported the massacre. Nor were all the militia themselves at peace with their deed.

one Nathan Rollins & brother had had a father & uncle killed took the lead in murdering the Indians, & Williamson was opposed to it; & Nathan Rollins had tomahawked nineteen of the poor Moravians, & after it was over he sat down & cried, & said it was no satisfaction for the loss of his father & uncle after all. — So related Holmes Jr. who was there — who was out on both Moravian campaigns, & Crawford’s. (Source)

Ah, Crawford’s campaign.

Later in 1782, another expedition of frontiersmen under Col. William Crawford set out “to destroy with fire and sword” a different Lenape settlement in Ohio. Instead, the Lenape met and routed the expedition, taking Crawford prisoner. He and the other captives from that misadventure would be burned to death, in part to avenge Gnadenhutten.

This, and whatever like tit for tat could be exacted in the field, was all the justice the Lenape could ever hope to have for the hecatomb of Gnadenhutten. American authorities declined to prosecute or sanction any members of the militia.


“Here triumphed in death ninety Christian Indians March 8, 1782”: inscription at the base of a memorial obelisk in Gnadenhutten. (cc) image from Mike Drabik.

* This might have been a nice solution, except that said treaty was made by the Iroquois — and only the Iroquois. For the Shawnee who actually lived and hunted in this cessation, this was two outside powers bartering their land. They didn’t mean to give it up on the say-so of the Iroquois. Another nasty frontier war followed, and even when that was won by Virginian militia, dissatisfied Shawnee continued targeting settlements in Kentucky; it’s partly for this reason that the Declaration of Independence slates King George III with having “endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.”

For more on the long and tragic Shawnee struggle in this period, see “‘We Have Always Been the Frontier’: The American Revolution in Shawnee Country” by Colin G. Calloway in American Indian Quarterly, Vol. 16, No. 1 (Winter 1992).

** The Moravian Church‘s name harkens to its Czech origins. It’s a successor to the reform tradition of Jan Hus.

† There are a few cites out there for the day before or the day after March 8.

On this day..

Entry Filed under: 18th Century,Bludgeoned,Borderline "Executions",Children,Disfavored Minorities,Execution,History,Innocent Bystanders,Martyrs,Mass Executions,No Formal Charge,Occupation and Colonialism,Ohio,Put to the Sword,Racial and Ethnic Minorities,Religious Figures,Summary Executions,USA,Wartime Executions,Women,Wrongful Executions

Tags: , , , , , , , , , , ,

1778: Josiah Phillips, attainted by Thomas Jefferson

Add comment December 4th, 2013 Headsman

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.

Edmund Randolph (Source)

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 day..

Entry Filed under: 18th Century,Capital Punishment,Death Penalty,Execution,Guerrillas,Hanged,History,Murder,Notable Jurisprudence,Notable Participants,Outlaws,Public Executions,Terrorists,Theft,USA,Virginia,Wartime Executions

Tags: , , , , , , , , ,

Previous Posts


Calendar

December 2018
M T W T F S S
« Nov    
 12
3456789
10111213141516
17181920212223
24252627282930
31  

Archives

Categories

Execution Playing Cards

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

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