1967: Aaron Mitchell, Ronald Reagan’s first and only execution

On this date in 1967, Aaron Mitchell was gassed in California on the authority of a governor holding his first elected office — Ronald Reagan, future U.S. president and emerging avatar of conservative white ressentiment in the turbulent 1960s.

It was only 23 days after California’s last previous execution, in January 1963, that Mitchell killed a white cop during a shootout occasioned by his abortive bar robbery. He’d been on death row fighting execution ever since, with a few dozen others who had been there even longer.

That gummed-up death penalty process, for which the Golden State is so well-known today, was most vividly symbolized at the time by the 12-year death row odyssey of Caryl Chessman.

And it had been among the many grievances catalyzing a conservative backlash against the civil rights movement, the Great Society, anti-war protesters, permissive social mores … the whole aspect of Sixties counterculture and American liberalism.

Ronald Reagan was born to wield the sword against it all. The sword, or some little cyanide pellets.

Reagan, a film actor, had cut his political teeth as a spokesman for General Electric and against commie plots like Medicare.

After famously backing the failed 1964 presidential bid of Barry Goldwater, Reagan emerged as the favored son of the New Right, and in his first foray into electoral politics, steamrolled over incumbent Democrat Edmund Brown in California’s 1966 gubernatorial election.

Reagan had an undoubted gift for packaging the sometimes unpalatable ennui of his potential constituencies into soundbites that respectable people could repeat in public, which talent proved essential to his bright political future.

“Why is it,” he demanded during the campaign, “that no street in our city is safe for women after dark?” (Los Angeles Times, September 21, 1966) Stung by Republican attacks on rising crime rates, Gov. Brown had vainly pushed a tough-on-crime platform of his own in 1966.

Too little. Too late.

“Mr. Reagan is outspokenly in favor of capital punishment and he has just been elected by a tremendous majority,” said Jesse James Gilbert, 41, who has languished on Death Row for two years.* “If the courts begin to reflect his thinking, he will be in a position to become the greatest butcher governor in history.”

Los Angeles Times, Dec. 4, 1966

What a different world it was from today’s that a major paper unabashedly used a death row prisoner’s own voice for analytical comment. Still, that same article noted (not in Gilbert’s voice, but as a plain fact on the ground) that “even a single execution could endanger Reagan’s chances for reelection or stifle voices which are beginning to urge him to seek the Republican Presidential nomination in 1968 or 1972.” A different world indeed.

Reagan had outspokenly run on capital punishment, however, and there’s such a thing as feeding your base. He surely was not going to execute nobody.

Mitchell was the man in line, and he certainly fit that not-safe-to-walk-the-streets-at-night angle, if you catch the drift. In an Ebony (June 1967) profile of his last days, Mitchell emerges at once radicalized and resigned, his four years awaiting death spent “researching and studying the race problem.”

“Every negro ever convicted of killing a police officer has died in that gas chamber,” Mitchell said on the day of his death. “So what chance did I have?”**

When the aide in charge of the clemency application is overtly pro-Scrooge future Attorney General Edwin Meese … not much chance, no.

So on this date, and in spite of an energetic protest outside San Quentin, a suicide attempt inside it, an open line to the governor’s office just in case, and a hysterical mother (who fled Mitchell’s clemency session in tears two days before, complaining that it was “a sham hearing”), Mitchell became the 501st person put to death since the state moved all executions from county auspices into state prisons.†

The 502nd would not take place until another quarter-century had elapsed.

Cold comfort to Mitchell, but Reagan himself did not vindicate Jesse Gilbert’s worst fears, and did not present the execution rubber-stamp of a later political generation; for his time and place, being visibly willing to approve some executions amply proved his credentials. (Newsweek called the governor a “man of conviction” after the Mitchell execution. (Source) Mission accomplished.)

Reagan would stay the next death date on his watch, that of Daniel Allen Roberts, over questions of mental competency; later in 1967, he would do the same for Robert Lee Massie just hours ahead of execution so that Massie could testify in another trial, inadvertently providing a bullet point in the conservative critique of death penalty squeamishness.

And in the event, the Great Communicator would be spared any great need to answer for a significant slate of individual clemency decisions. It was judicial activity far more than executive reticence that stayed the hand of California’s executioner; only one more execution after Mitchell’s took place in all of the U.S. before the country slipped into a complete death penalty moratorium from which it would not emerge for another decade.

And when the Reagan-appointed California Chief Justice Donald Wright authored a 1972 opinion striking down that state’s death penalty laws, it emptied death row outright.‡ (Sparing, among over 100 others, Charles Manson and Sirhan Sirhan.)

Capital punishment is impermissibly cruel. It degrades and dehumanizes all who participate in its processes. It is unnecessary to any legitimate goal of the state and is incompatible with the dignity of man and the judicial process. Our conclusion that the death penalty may no longer be exacted in California consistently with article I, section 6, of our Constitution is not grounded in sympathy for those who would commit crimes of violence, but in concern for the society that diminishes itself whenever it takes the life of one of its members. Lord Chancellor Gardiner reminded the House of Lords, debating abolition of capital punishment in England: “When we abolished the punishment for treason that you should be hanged, and then cut down while still alive, and then disembowelled while still alive, and then quartered, we did not abolish that punishment because we sympathised with traitors, but because we took the view that it was a punishment no longer consistent with our self respect.”

California v. Anderson

That would not stand as the final word on capital punishment in California, but by the time other condemned prisoners had come to the end of their appeals, they were the concern of different governors.

Reagan left the California governor’s mansion in 1975 during the death penalty’s long hiatus; as U.S. president from 1981 to 1989, the death penalty was only just coming back online from that period, and that at the state level. Beyond platitudinous approval of the trend, Reagan never had to put his own signature on a federal death warrant.

So as it turned out, Aaron Mitchell was the first, last, and only man so distinguished.

And Reagan’s minuscule career execution count was hardly the anomaly that it might now appear. Prior to Reagan, the last Chief Executive who had actually entered the White House having previously forwarded any fellow to the executioner was … Dwight Eisenhower.

* Gilbert is the appellant in the 1967 U.S. Supreme Court decision Gilbert v. California, reversing his conviction because of a police lineup identification unconstitutionally obtained without his lawyer’s knowledge.

** The cop-killing Mitchell wasn’t getting any love from the beleaguered Brown administration, either; Brown almost had a shot to pull a Ricky Ray Rector with Mitchell during the campaign, but the prisoner won a judicial stay just 24 hours from execution in May 1966.

The now-former governor was quoted after Mitchell’s actual 1967 execution expressing general support for Reagan’s non-clemency in spite of Brown’s own philosophical opposition to capital punishment.

† A journalist who witnessed the gassing later described it as something less than a triumph of the killing arts.

as the gas hit him, his head immediately fell to his chest. Then his head came up and he looked directly into the window. For nearly seven minutes he sat up that way, with his chest heaving, saliva bubbling between his lips. He tucked his thumbs into his fists, and finally his head fell again … I believe he was aware many minutes … He appeared to be in great anguish

‡ “A mockery of the constitutional process,” fumed (pdf) Reagan, who claimed that Wright had told him he backed capital punishment. (See Governor Reagan: His Rise to Power)

On this day..

1782: Captain Joshua Huddy

On this date in 1782, Captain Joshua Huddy of the revolutionary New Jersey patriot militia was summarily (and extrajudicially) hanged on the New Jersey coast by the British Tories.

Huddy was a troublesome rascal in civilian life, a regular denizen of courts in his native Salem, Mass., and (upon transplant in 1778) Monmouth County, N.J.

Tory British Loyalists found him troublesome in the bare-knuckled revolutionary conflict in Monmouth, “often engaged in raids and revenge executions, which continued even after the war’s end.”

Huddy mounted various guerrilla raids in the area from 1779; his Loyalist opposite number actually captured him in 1780, but Huddy was freed by his comrades before he could be taken to the British.

Not so lucky this time.

On March 24, 1782, Loyalists overwhelmed Huddy’s fort at Toms River, N.J..

This was, de facto if not de jure, within the compass of those raids occurring after the war’s end, since at five months after Yorktown, the American Revolution was settled in all but name.

Huddy figured to be exchanged for Loyalist prisoners, but word came that a Monmouth County Tory named Philip White had been killed.

The last English royal governor of New Jersey, William Franklin,* ordered Huddy’s execution in retaliation-slash-punishment without any form of court-martial. (It seems the Loyalist position was that Huddy had himself been involved in White’s death; the Patriots insisted that Huddy was already in British hands when White was killed.)

A note was found pinned to Huddy’s body, reading,

We the refugees, having with grief long beheld the cruel murders of our brethern, and finding nothing but such measures daily carrying into execution — we, therefore, determine not to suffer without taking vengeance for the numerous cruelties; and thus begin, and, I say, may those lose their liberty who do not follow on, and have made use of Captain Huddy as the first object to present to your view; and further determine to hang man for man while there is a refugee existing. Up goes Huddy for Philip White.

(Two other prisoners taken with Huddy were exchanged, and had the story to tell — including Huddy’s remark that he would “dye innocent and in a good cause.”)

This, of course, caused quite a hue and cry for vengeance on the Patriot side.

George Washington demanded Huddy’s executioner for a bit of tit-for-tat, but although the British repudiated the lawless hanging, they refused to give Washington his man. Richard Lippencott (or Lippincott) instead got a British trial in New York, skated on an only-following-orders defense, and subsequently retired to Canada to live to the ripe old age of 81.

The frustrated proto-Americans resorted to selecting a captured Yorktown officer by lot for a reprisal execution.

This lottery was “won” by the young British officer Charles Asgill, who stood for some months in danger of a politically awkward hanging even as the sides maneuvered towards the official end of the war.

Since Asgill turned out to be a charismatic, youthful officer of unblemished honor, nobody felt good about the situation; even Huddy’s widow asked for Asgill’s life to be spared. (Though that might also be because Huddy stiffed her in the will he scribbled out moments before death, written on the head of the barrel they used to hang him.)

Eventually, pressure from the Revolution’s French patrons — the hostage had a Huguenot mother — helped Asgill avoid hanging.**

Returned to the British, Asgill went on to become a very prominent general.

Nobody ever expiated Captain Joshua Huddy’s hanging.


Memorial for Joshua Huddy at Huddy Park in Highlands, N.J. Image (c) Sheena Chi and used with permission.

* Son of American patriotic luminary Benjamin Franklin. This is why you don’t talk politics with family.

** Upon his release from American custody, Asgill traveled to France to thank personally his royal saviors. Louis XVI and Marie Antoinette could hardly have imagined that they would one day soon stand in Huddy’s shoes.

On this day..

1814: Six slaves in Guyana

An alarming rumour, meanwhile, … spread throughout the Colonies; a rumour which, whatever of truth or fact, little or none, might be at the foundation, gathering, as it went, size and gloom, and dust of slander, was calculated to make them all feel very unhappy. The report was that a slave insurrection had been discovered, having its centre on the Berbice West Coast, but extending right and left so as to include all the shore from the Corentyne Coast to Mahaica, about eighty miles; that the negroes had chosen a governor and other officers; that it was their intention to murder all the white men, and take possession of all the rest; that some of the Demerara East Coast negroes were leaders in the rebellion, especially Philip, a member of the church on Le Resouvenir; and that instruction of the negroes was to blame.

the account which the negroes gave of the matter was, that there had been formed a society in imitation of the Freemasons, they wishing to have, as well as their buckras or masters, a society of that nature; and that the money collected was to support the poor and defray the expense of their dances, &c.; just as it had been formerly very common for them to assume the names of their masters, or of the Governor or Fiscal, and send invitations to friends to supper or a dance, and appoint a captain of their own as president of the feast; sometimes to put feathers in their hats at holiday time and parade the streets. “No one,” as far as Mr. Wray could learn, “had been injured by them, neither was any property destroyed,” yet on 12th April six of the unhappy people apprehended on the West Coast were executed in New Amsterdam as ringleaders, their heads cut off and fixed upon poles on the different estates to which they belonged; one of them white with age, whose master, Mr. Rader, told Mr. Wray that he denied to the last having any bad intentions. Several others were flogged under the gallows, and some were transported.

A proclamation was subsequently issued to the effect that as “the privilege allowed the slaves of the Colony, of publicly or privately dancing on estates and other places at stated periods, had been perverted by them to purposes of the most dangerous nature, all dancing was forbidden until next year, 1815, or the further pleasure of the Court;” … This was followed, late in the year, by another calling upon the colonists to pay their quota of the expenses incurred in crushing the plot and indemnifying the proprietors of the slaves capitally punished … Better still, the law concerning Sunday labour was amended in favour of the slave, forbidding field-work on that day, except in sudden emergencies; and further enactments were issued limiting and regulating the excessive use of the whip, and forbidding the burial of any slave dying suddenly or by suicide, or in consequence of punishment or hurt, without previously acquainting the authorities …

From The Life and Labours of John Wray, Pioneer Missionary in British Guiana.

On this day..

1966: Christiaan Soumokil, South Moluccan President

On this date in 1966, an Indonesian firing squad on the island of Obira (or Obi) shot Chris Soumokil (the link is to his Dutch wikipedia page) for having styled himself the president of the Republic of the South Moluccas.

Soumokil’s fate underscores the many contradictory eddies of nationalism in the post-colonial age, and especially in that “imagined community” par excellence, the scattered archipelago of Indonesia.

Here is the background in outline, from a 2005 anti-terrorism text whose interest in the topic will soon become apparent:

The disintegration of the Dutch East Indies and the rapid dissolution of the federative state was anxiously watched in the Moluccas. … [Moluccans] were a privileged group and had favourable career opportunities … [they] were deeply concerned when Sukarno first proclaimed independence in 1945; indeed, many seemingly chose the side of the Dutch government and hoped for a return to colonial times, because they feared that a Java-dominated Indonesian state would significantly worsen their position. …

When Sukarno, in the spring of 1950, dissolved the state of East Indonesia, of which the Moluccas were a province, a group of Moluccans immediately responded by proclaiming and independent Republic of the South Moluccas (Republik Maluku Selatan) on 24 April. This, of course, was unacceptable for Sukarno. In November 1950, the Indonesian army occupied the island of Ambon, the cultural and political centre of the Moluccas. The RMS government and its sympathizers fled to the island of Ceram, where it started a guerrilla war against the Indonesian government. In the early 1960s it became clear that this struggle was utterly hopeless. In 1962, The Netherlands transferred New Guinea to the Republic of Indonesia, thereby depriving the RMS guerrillas of the safe haven where it [sic] had prepared its actions and found refuge.

Soumokil was captured in December 1962 and imprisoned; he was executed* just a month after the Indonesian government was seized by Suharto, on a programme of putting disorder to the sword.

Although politically moribund, the South Moluccan struggle to which Soumokil is a martyr is far from forgotten. And this is where the story of nationalism takes an unexpected turn.

Moluccan refugees in the Netherlands — a “temporarily” displaced population that became permanent, comprised largely out of ferociously anti-Indonesian former soldiers** among whom the RMS government-in-exile still maintains itself today — carried the memory of this struggle forward, far more so than it persisted in the Moluccas themselves.

For this Moluccan diaspora, already subject to all the strains of migration, the affair was a betrayal by their host country, which had failed to repay their ancestors’ loyalty to Holland during the colonial period by backing their people’s aspirations for independence — and had done this even while placing another colony, Suriname, on precisely the sort of stewardship-to-independence track the RMS had in mind for itself.

Soumokil’s execution (and his widow’s subsequent release to the Netherlands) helped (the link is Dutch) radicalize the next generation of Dutch Moluccans to the extent of carrying out some spectacular terrorist actions.

Though there haven’t been any bombs lately, there remains to this day enough currency in this cause to recommend it in the identity formation of the YouTube generation.

* An account of Soumokil’s last hours given by Soumokil’s widow posted here gives the particulars thus:

On April 11, 1966, Mrs. Soumokil and her son Tommie were given permission to pay a last visit to Mr. Dr. Soumokil from 08.00 AM to 11.30 AM to say good-bye to each other.

On April 12, 1966, at 01.00 AM Mr. Dr. Soumokil had been taken by the Indonesian Military from the condemned cell and transferred by motorboat to the island Obi in the archipelago Pulau Seribu … On April 12, 1966, one minute before 07.00am, Mr. Dr. Soumokil gave his last breath. He had been shot by the Indonesian firing-squad.

** Also generally Christian, vis-a-vis the predominantly Muslim Indonesia.

On this day..