May 19th, 2015
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.
Also on this date
Entry Filed under: 19th Century,Activists,Capital Punishment,Death Penalty,Execution,Hanged,History,Indiana,Lawyers,Not Executed,Notable Jurisprudence,Pardons and Clemencies,Politicians,Power,Treason,USA,Wartime Executions
Tags: 1860s, 1865, civil war, ex parte milligan, lambdin milligan, may 19, supreme court, u.s. civil war
January 6th, 2015
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 jumper 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.”
Also on this date
Entry Filed under: 19th Century,Capital Punishment,Crime,Death Penalty,Desertion,Espionage,Execution,History,Military Crimes,Public Executions,Shot,Soldiers,U.S. Military,USA,Virginia,Wartime Executions
Tags: 1860s, 1865, american civil war, charles king, civil war, henry begley, january 6, philip sheridan, winchester
December 31st, 2014
On the 31st of December in 1460, the Earl of Salisbury was beheaded the day after the Lancastrians routed the Yorkists at the Battle of Wakefield.
Salisbury — Richard Neville by name — was brother-in-law to the Yorkist claimant (and namesake) Richard Plantagenet, Duke of York, so you can guess which side Neville backed during these Wars of the Roses.
Actually, although your guess is spot on for the instance at hand, overlapping kin networks and cutthroat politicking made for an indistinct border between Lancastrians and Yorkists that some actors willingly crisscrossed. Richard Neville’s cousin Thomas Neville, for example, was a Lancastrian, who switched to the Yorkists, and then switched back to the Lancastrians. All this goes to show the treacherous environment for nobles who could go from the orbit of royal power themselves straight to the headsman’s block with each new battlefield reversal. And Salisbury, he was Team White Rose* right on down the line.
(The Neville family’s running feud with their fellow northern magnates, the Percys, helped to catalyze the York-Lancaster rivalry into open warfare.)
Salisbury led the Yorkist side to a notable early victory at the September 1459 Battle of Blore Heath, cunningly baiting the Lancastrians into a disadvantageous charge across a brook by feigning retreat. Then, runs Hall’s chronicle, “the Earl of Salisbury, which knew the sleights, strategies and policies of warlike affairs, suddenly returned, and shortly encountered with the Lord Audley and his chief captains, ere the residue of his army could pass the water … [and] so eagerly fought, that they slew the [Lancastrian commander] Lord Audley, and all his captains, and discomfited all the remnant of his people.”
The Yorkists didn’t do as well at the Battle of Ludford Bridge three weeks later and their leaders (Salisbury included) had to flee England to regroup.
This 1459-1461 period has especially rapid reversals of fortune for the contending parties in the Wars of the Roses, who seemed to alternate between them the results of the latest battle and with it the leadership of England.
As the most recent losers, Salisbury and his son, the Earl of Warwick — known as the “kingmaker”, this younger Richard Neville was one of the pivotal figures of the dynastic wars — had to flee England with many of the Yorkist leaders. But they mounted a re-invasion from Calais where Warwick was constable and the Nevilles pere and fils led separate columns that overran London, and captured the Lancastrian King Henry VI. Suddenly, the ex-fugitive York was the Lord Protector, England’s de facto ruler, and its de jure successor.
But as had been the case one year before, fickle Fortune abandoned the House of York almost immediately after raising it up. Two months later, their forces ventured battle with a much larger army of the regrouping Lancastrians; as night fell on December 30, 1460, York himself lay dead in his armor while his kinsman Salisbury was a prisoner with just hours left to live.
This was, of course, very far from the end for the Yorkist party, for both men left their causes to capable heirs. York’s 18-year-old son Edward inherited his father’s claims to the throne of England; together with Warwick, they counterattacked and crushed the Lancastrians at Towton on March 29, 1461** — finally deposing Henry VI and enthroning York’s eldest son as King Edward IV.
And they all lived happily ever after.
* The competing Rose devices used by the Yorkists, the Lancastrians, and the eventual Tudors, are one of the four suit markers we’ve used in our unique Executed Today playing card set. Pick up a pack or eight today why don’t you?
** The undercard fight to Towton was February’s Battle of Mortimer’s Cross, which also featured a crushing defeat of the Lancastrians — led on that occasion by a commander whom the Yorkists subsequently put to death, Owen Tudor.
Against any odds one could care to name, it was this Owen Tudor’s descendant who would eventually emerge from the Wars of the Roses as England’s legitimate-ish king, Henry VII — founder of the Tudor dynasty so very fruitful for this here execution blog.
Also on this date
Entry Filed under: 15th Century,Beheaded,Capital Punishment,Death Penalty,England,Execution,History,Nobility,Notably Survived By,Politicians,Power,Soldiers,Treason,Wartime Executions
Tags: civil war, december 31, edward iv, henry vi, henry vii, richard neville, war of the roses
December 1st, 2014
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:
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
Also on this date
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
Tags: 1860s, 1865, american civil war, civil war, december 1, fernandina
November 5th, 2014
The Martyrs Monument of Midway, Ky., honors four Confederates publicly executed by the Union one hundred fifty years ago today.
A brutally contested frontier zone between North and South, Kentucky at this point was under martial law, governed by General Stephen Burbridge — but nearly anarchic on the ground in some areas.
In an effort to quell the activities of Confederate guerrillas-slash-outlaws, Burbridge issued a still-notorious directive called Order 59: Citing the “rapid increase in this district of lawless bands of armed men,” the order threatened to expel Southern sympathizers and seize their property. Moreover, it warned: “Whenever an unarmed Union citizen is murdered, four guerrillas will be selected from the prison and publicly shot to death at the most convenient place near the scene of the outrages.”
The outrages in question for this occasion were raids on Midway horse farms* (allegedly led by “Sue Mundy”) that, on November 1, resulted in a shootout fatal to one Adam Harper Jr.
Agreeably to Order 59, Burbridge had four of his prisoners — men with no specific connection to Harper’s death — shot on the town’s commons, forcing the local populace to attend the scene.
Shot by order of
Nov. 5 1864
Our Confederate Dead
Burbridge would be dismissed, and his Order 59 revoked, early the next year. “Thank God and President Lincoln,” was the reaction of the Louisville Journal.
Three other similar monuments in Kentucky (in Eminence, Jeffersontown, and St. Joseph) honor other soldiers executed under Burbridge’s retaliation policy.
* Midway knows from horses.
Also on this date
Entry Filed under: 19th Century,Capital Punishment,Confederates,Cycle of Violence,Death Penalty,Execution,History,Hostages,Innocent Bystanders,Kentucky,Public Executions,Shot,Soldiers,U.S. Military,USA,Wartime Executions
Tags: 1860s, 1864, civil war, midway, stephen burbridge, sue mundy, u.s. civil war
November 2nd, 2014
On November 1 of 82 BCE, the Roman general Sulla clinched victory in his running civil war against the liberal populares by smashing them at a decisive battle at Rome’s Colline Gate. And on November 2 the victorious dictator* had his captured foes put to death en masse in the Villa Publica while Sulla himself laid out the new order in an address to the cowed Senate.
The roots of this climactic — although not literally final — battle stretch back years, decades even, to the populist Gracchi in the 130s and 120s, and even further than that. Rome’s burgeoning had strained her original social contract past the breaking point. Terms were renegotiated in bloody civil conflicts that saw Sulla emerge this date as master of the Caput Mundi.
The Gracchi all those years ago had tried (until the oligarchs’ faction assassinated them) to rebalance an increasingly stratified Roman society by introducing land reform and an early bread subsidy.
The Gracchi banner would eventually fall to Gaius Marius, a successful general noted among other things for defeating Jugurtha. His “Marian reforms” thoroughly overhauled military organization; crucially for the Roman social crisis, he opened to the propertyless masses service in the legions — formerly the preserve of the very landed citizen-farmer being squeezed out by the empire’s concentrating wealth.**
Marius’s program addressed two problems simultaneously: it gave the Roman poor a vector of upward mobility; and, it professionalized an army whose fighting capacity had slipped behind Rome’s imperial reach.
Because the capstone to a career in the newly-professionalized army would be a grant of land secured by Marius himself, it also introduced a dangerous personal alliance between vaunting commander and his troops, the seed of later centuries’ cycles of incessant rebellion.
During the decade of the 80s, a now-aged Marius was still the populares‘ standard-bearer, but was opposed now by the patrician general Sulla, Marius’s own former lieutenant during the war against Jugurtha.
Marius’s attempt to displace Sulla from command of a planned Roman expedition to the East to punish King Mighridates of Pontus for his abuse of Roman citizens in Asia Minor brought the two to open blows. Calling on his troops’ personal loyalty to him, Sulla broke an ancient taboo by marching on Rome itself.
Marius fled into Africa, a death sentence nipping at his heels. (Various artists have imagined him chilling in the ruins of Carthage.) Once Sulla sailed for Asia, however, Marius allied with the consul Lucius Cornelius Cinna and roared back from exile, seizing the capital and instituting a reign of terror against his political enemies. Plutarch:
whenever anybody else greeted Marius and got no salutation or greeting in return, this of itself was a signal for the man’s slaughter in the very street, so that even the friends of Marius, to a man, were full of anguish and horror whenever they drew near to greet him. So many were slain that at last Cinna’s appetite for murder was dulled and sated; but Marius, whose anger increased day by day and thirsted for blood, kept on killing all whom he held in any suspicion whatsoever. Every road and every city was filled with men pursuing and hunting down those who sought to escape or had hidden themselves. Moreover, the trust men placed in the ties of hospitality and friendship were found to be no security against the strokes of Fortune; for few there were, all told, who did not betray to the murderers those who had taken refuge with them.
He died about the age of 70 in 86 BCE, days into his unprecedented seventh consulship.
While all this transpired, Sulla had been several years detained in fighting Mithridates. By 83, he’d hung up the “Mission Accomplished” banner and made ready to march on Rome for the second time.
Marius was dead; his ally Cinna had also been killed in a mutiny. The populares party was now headed by Marius’s altogether less formidable son Gaius Marius the Younger and a plebeian consul named Carbo — guys nobody today has heard of, which pretty much tells you what happened next.
Attempting to stop Sulla in the south, Marius the Younger was thrashed and forced to retreat to Praeneste, where he would be bottled up harmlessly until he took his own life in desperation. Further north, Carbo was trounced and chased into exile (and eventual execution) by Sulla’s ally Pompey, the future Triumvir who got his possibly-sarcastic honorific “the Great” from his action in Sulla’s civil war.
The populares general Pontius Telesinus made the last stand of his movement hurling a force of Samnites and Roman Marian supporters at the capital where, at the Colline Gate, they momentarily pressed Sulla’s wing dangerously against the city wall before another future Triumvir, Crassus, overcame them from the opposite flank.
The ensuing slaughter on this date in 82 settled the Marius-versus-Sulla civil war: Sulla published a large proscription of former Marius supporters who were put to death by the thousands before the general resigned his dictatorship at the end of the year 81.†
Dan Carlin’s Hardcore History podcast series covers these events in Death Throes of the Republic, episode 3. In the indispensable History of Rome podcast, the relevant episodes are 31a. Marius | 31b. Marius | 32. The Social War | 33. Marius and Sulla | 34. No Greater Friend, No Worse Enemy.
* Sulla would be acclaimed dictator by the Senate a few weeks later, reviving an office that had been unused since Hannibal threatened Rome more than a century before.
** Pliny the Elder, writing in the first century AD:
there is a famous utterance of Manius Curius, who after celebrating triumphs and making a vast addition of territory to 290 B.C. the empire, said that a man not satisfied with seven acres must be deemed a dangerous citizen; for that was the acreage assigned for commoners after the expulsion of the kings. What therefore was the cause of such great fertility? The fields were tilled in those days by the hands of generals themselves, and we may well believe that the earth rejoiced in a laurel-decked ploughshare and a ploughman who had celebrated a triumph, whether it was that those farmers treated the seed with the same care as they managed their wars and marked out their fields with the same diligence as they arranged a camp, or whether everything prospers better under honourable hands because the work is done with greater attention. The honours bestowed on Serranus found [297 B.C.] him sowing seed, which was actually the origin of his surname. An apparitor brought to Cincinnatus his commission as dictator when he was ploughing his four-acre property on the Vatican, the land now called the Quintian Meadows, and indeed it is said that he had stripped for the work, and the messenger as he continued to linger said, ‘Put on your clothes, so that I may deliver the mandates of the Senate and People of Rome’. That was what apparitors were like even at that time, and their name itself a was given to them as summoning the senate and the leaders to put in an immediate appearance from their farms. But nowadays those agricultural operations are performed by slaves with fettered ankles and by the hands of malefactors with branded faces! although the Earth who is addressed as our mother and whose cultivation is spoken of as worship is not so dull that when we obtain even our farm-work from these persons one can believe that this is not done against her will and to her indignation. And we forsooth are surprised that we do not get the same profits from the labour of slave-gangs as used to be obtained from that of generals!
† Surviving the proscription was the son-in-law of the late consul Cinna, one Julius Caesar. He was able to pull strings with Sulla to get himself off the list.
Also on this date
Entry Filed under: Ancient,Beheaded,Borderline "Executions",Capital Punishment,Cycle of Violence,Death Penalty,Execution,History,Italy,Known But To God,Mass Executions,No Formal Charge,Power,Public Executions,Roman Empire,Soldiers,Summary Executions,Wartime Executions
Tags: civil war, marius, november 2, pompey, sulla
October 13th, 2014
This date is the dolorous anniversary of the “October 13 massacre”, a bloodbath wrapping up the Lebanese Civil War when the Syrian army executed hundreds of captured Lebanese.
The intractable war, which dated back to 1975 and made “Beirut” a 1980s watchword for conflict, had boiled down* to two rival governments: a Maronite military government based in East Beirut under the leadership of Michel Aoun, and the Syrian-sponsored Muslim government in West Beirut putatively headed by Selim al-Hoss. Over the course of 1989-1990 Aoun’s “war of liberation” against the occupying Syrian army all but emptied the city of Beirut.
Thanks to a complex political schism, Aoun was also ensconced in the city’s presidential palace from which he issued decrees denouncing and rejecting the political settlement that was supposed to return the country to normalcy.
Unfortunately for him — and moreso for the prisoners who are the day’s topic — Aoun was also supported by Iraq’s dictator Saddam Hussein. In August 1990, Hussein invaded Kuwait, precipitating an American attack on Iraq in response.
As this latter operation involved the U.S. attacking a Muslim oil-producing state with military resources it deployed for that purpose the politically sensitive sands of a neighboring Muslim oil-producing, the U.S. spent the last months of 1990 working the Middle East diplomatic circuit to bring the region’s governments on board for the impending bout of ultraviolence.
Syria’s particular carrot was the green light to finish off Aoun — who, simultaneously, had of course been deprived of aid from the now-preoccupied Iraqis. This the Syrian army did with a massive attack on Beirut’s presidential palace beginning at 7 in the morning on October 13th. The palace was overcome by 10 that morning, but resistance continued elsewhere throughout the day from pro-Aoun militias who had not received word of that gentleman’s surrender and escape to the French embassy.**
Several hundred people were killed during the onslaught into pro-Aoun enclaves. An unknown number of these ballparked to around two or three hundred are thought to have been killed by summary execution after capture (or after intentional rounding-up). A Lebanese nurse claimed that at the nearby village of Dahr al-Wahsh “I counted between 75 and 80 [executed] … Most of them had a bullet in the back of their heads or in their mouth. The corpses still carried the mark of cords around their wrists.” Other captured Lebanese fighters were reportedly deported to Syria and never heard from again.
There are several other atrocity accounts collected here. This two-part documentary on the end of the Lebanese civil war available on YouTube has several participants’ perspectives (including Aoun’s) on the chaotic situation marking the war’s last days: 1, 2.
* This is quite a gross oversimplification of a fractious civil conflict in which innumerable blocs continually rearranged their alliances.
“I had a chart on my wall of the constantly proliferating militias — four dozen or so by the time I left in 1985 — and their constantly shifting alliances and enmities,” one former Beirut denizen wrote recently. “Allies one day could be trying to kill one another the next, even within sects, over issues that had digressed far from their common cause.”
** Aoun went into exile in France, returning in 2005 when the Cedar Revolution finally drove the still-occupying Syrians out of Lebanon. He has served in the Lebanese parliament since that time, leading the country’s largest Christian party.
Also on this date
Entry Filed under: 20th Century,Borderline "Executions",Disfavored Minorities,Execution,History,Known But To God,Lebanon,Mass Executions,No Formal Charge,Occupation and Colonialism,Shot,Soldiers,Summary Executions,Syria,Wartime Executions
Tags: 1990, 1990s, beirut, civil war, iraq war, lebanese civil war, michel aoun, saddam hussein
October 4th, 2014
On this date in 1925 the Chinese warlord Sun Chuanfang had a captured enemy commander beheaded. In so doing, he signed his own death warrant too.
Deep into China’s Warlord Era, the chaotic decade-plus after the collapsing empire gave way to a fractured republic. From 1916 to 1928, leagues of rival generals cut China into jigsaw pieces.
The chiefs of these shifting statelets, being warlords, fought numerous wars.
Sun Chuangfang, one of the generals of a warlord party known as the Zhili clique, was engaged in the south in 1925 in a campaign whose successful resolution would ultimately install him in Nanking with effective control of five provinces. In the service of achieving such a power base he must have thought little about destroying an enemy commander caught in a counterattack and mounting the man’s severed head on a pike to cow any opposition.
According to Eugenia Lean’s book about the amazing incident,
On October 3, 1925, while leading the Superior Iron Brigade (Tiejia jun), a brigade of mercenary troops, in an attempt to capture Guzhen, Shandong, Shi Congbin was surrounded by Sun Chuanfang’s troops with no support in sight. Shi’s four thousand soldiers were slaughtered, while Shi himself was taken prisoner and beheaded the next day upon Sun’s personal order. Shi Jianqiao [Shi Congbin’s daughter] related in heart-wrenching detail how her family would not have learned the truth except for the bravery and loyalty of one of Shi Congbin’s personal servants. “Only a single servant was able to flee home. When we asked him about news from the front line, he threw himself to the ground in tears. We knew the news was not good.” The servant had been too grief-stricken to speak. Only after he Shi family had gone to Tianjin did they learn all the facts behind Shi Congbin’s death.
The named daughter Shi Jianqiao was about 20 years old when she received this devastating news.
Years elapsed. The general, as we have said, rose to his acme, and then fell, and retired, and like as not he had never in the following decade tarried over the destruction Shi Congbin.
But Shi Jianqiao did. She nursed her grievance and her sense of filial honor until when she was 30, she at last found her opportunity to strike back at her father’s slayer. Approaching the by-then-long-retired general as he performed Buddhist meditations, the faithful daughter shot him three times.
The supporting cast in Shi’s tale of revenge included the grieving widow and the suffering family her father had left behind. Even though there is little indication that the Shi family underwent any real financial strain, Shi Jianqiao nonetheless insisted that Shi Conbin’s death meant that a poor widow and six children, four of whom were still young, were left to fend for themselves. Sun Chuanfang was directly to blame for her family’s plight. The way in which Shi portrayed her mother was particularly important. Traditionally, dutiful daughters and chaste wives were expected to commit suicide if their fathers o husbands were killed unjustly. Such an extreme gesture was meant as an ultimate expression of loyalty and protest against injustice. But in this twentieth-century tale, Shi Jianqiao did not commit suicide and, moreover, justified her decision to live in terms of her filial piety to her mother. She portrayed her mother as particularly grief-stricken by the affair and argued that she needed to right the wrong committed against her father on behalf of her mother. In her GGRS, Shi declared, “Although all I wanted to do was die, my elderly moter’s illness gave me the will to live.” In her will, she stated, with similar effect, “To my dear mother … what I have been hiding from you for years, I can no longer hide. Our enemy has not yet been retaliated [against]. Father’s death can no longer be obscured … A sacrifice should be made for father’s revenge. In the future, five children will still be able to wait on you. They are all dutiful.” Shi Jianqiao’s act of revenge would be the ultimate gesture of filial piety, while her remaining siblings would be able to wait on her elderly mother in more mundane ways throughout the rest of her mother’s life.
Shi Jianqiao’s family loyalty attracted so much sympathy in China that she received a free pardon and even became a symbol of national resistance against the Japanese occupation. She died in 1979.
Also on this date
Entry Filed under: 20th Century,Beheaded,Capital Punishment,China,Cycle of Violence,Death Penalty,Execution,History,No Formal Charge,Notably Survived By,Soldiers,Summary Executions,Wartime Executions
Tags: 1920s, 1925, civil war, family, october 4, revenge, shi congbin, shi jianqiao, sun chuanfang, warlord era
September 4th, 2014
On this date in 1922, Spanish royalist Gen. Francisco Javier de Elio was garroted in Republican Valencia.
Elio (English Wikipedia link | Spanish) was a career Spanish officer noted for being the last Viceroy of the Rio de la Plata in South America.
The Rio de la Plata forms the border between present-day Uruguay and Argentina, and by the time Elio self-proclaimed his viceregal rank, the May Revolution had confined Spanish authority to Uruguay.* He maintained the Spanish monarchy’s power in Montevideo until revolutionaries routed his forces at the Battle of Las Piedras** and Elio had to return to Spain.
This was just in time for the Spanish crown, as that country’s liberals had answered the chaos of the French invasion by promulgating in 1812 one of Europe’s most forward-thinking constitutions. King Ferdinand VII wholly repudiated this constitution upon his re-enthronement at the end of the Napoleonic Wars, and this soon led to yet another liberal revolt in 1820† and yet another French invasion.
Elio, who administered Valencia with a rough hand for Ferdinand, was such a ferocious monarchist that revolutionaries took him prisoner in the 1820-1823 “Liberal Triennum”. The attempt by a group of mutinous cannoniers in 1822 to place Elio at their head (with or without the general’s foreknowledge) led to his condemnation by a military court.
The September 26 London Times preserves two accounts by opposing partisans of Elio’s end.
EXECUTION OF GENERAL ELIO
The infamous General Elio has at length suffered the pain of death (by the garotte). His execution took place this morning at 11 o’clock, after having been publicly divested of his rank and honours. The General was not condemned on account of his conduct as Captain General, but in consequence of the revolt of the cannoniers who occupied the fort of Valencia, on the 30th of May. Being tried before an ordinary Court Martial on the 2d of June, at which General Villa-Campa presided, he was on the 27th of August adjudged to the most ignominious death known to the Spanish laws, that of the garotte. This sentence, submitted to the Auditor of War to be revised, was not only approved, but the Auditor demanded its immediate execution, comformably to the martial law of the 17th of April, 1821. The arrival of the Brigadier Espina, who was provisionally invested with the military command of this district was regarded as the signal for the execution. If it had been retarded, we should have broken into the prison, and ourselves have conducted the victim to the scaffold. The people maintained that demeanour which becomes an heroic nation, and accompanied the culprit to the scaffold with shouts of — ‘To death with Elio! his blood will cement the constitutional edifice.’
And a contasting version …
The scaffold on which General Elio was strangled at Valencia, on the 4th instant, was erected close to a delightful garden which belonged to him when he was all-powerful in that town. It appears that this spot was selected in order that his tragical end might be marked by a circumstance which was calculated to make him regret life. One of our journals, which is at all times distinguished for its violence, affirms that General Eio, previously to walking to the scaffold, knelt down and asked pardon of the authorities who were present, for all the mischief he had occasioned — this is wholly false. Above 12,000 persons were witnesses of the firmness which he showed on this sad occasion, and of the last words which he pronounced. The General protested his innocence in the face of God and man; he declared that he had only carried into execution the orders which he had received from the Government during the period of his command; that he was utterly unconnected with the revolt of the cannoniers; and, finally, that he begged of God to pardon his murderers, as he himself forgave them. ‘I wish,’ he added, ‘that my blood may be the last which is shed in Spain. Spain will one day do justice to the purity of my intentions, and repeat the cry which is now my last prayer — ‘”Long live the King and religion.”‘
* When a Spanish colony, Uruguay was known as the Banda Oriental.
** The date of this decisive battle, May 18 (1812), is still kept as a Uruguayan national holiday.
† Guess what happened to the guy who led that 1820 revolt.
Also on this date
Entry Filed under: 19th Century,Capital Punishment,Death Penalty,Execution,Garrote,History,Public Executions,Soldiers,Spain,Strangled,Wartime Executions
Tags: 1820s, 1822, civil war, ferdinand vii, francisco javier de elio, monarchists, september 4, valencia
April 6th, 2014
On this date in 1571, the Archbishop of St. Andrews hanged in his clerical vestments at the Mercat Cross in Stirling.
John Hamilton‘s fate was tied up in that of his Romish church during the strife-wearied years of Queen Mary. There was a sure reckoning for the Church due in those years, but whose?
After the transition in England from the Catholic Queen Mary to the Protestant Queen Elizabeth, an alliance of Protestant Scottish nobles moved to overthrow the authority Mary of Guise, the French Catholic who ruled Scotland as regent for her expatriate daughter Mary, Queen of Scots.
As she was pushed back, Mary of Guise called in French reinforcements, and the Protestant lords English reinforcements. But Mary of Guise dropped dead of dropsy in 1560 and put the Protestants in the driver’s seat, shattering Scotland’s centuries-long Auld Alliance with France.
Political maneuvering in Scotland over the next decade makes for a tangled skein with many unexpected accommodations and alliances. But the religious direction of the realm would be the most prominent and knotty thread of them all.
James Stuart, Earl of Moray, one of the most prominent Protestant lords, was the illegitimate half-brother of Mary, Queen of Scots — Mary of Guise’s very Catholic daughter, who soon returned to rule a native land she had not laid eyes upon since the age of five.* The practical Moray became at first the real power behind the throne of the teenage queen, but the two also increasingly maneuvered against one another for, among other things, the future of Scottish Christianity.
The prelate Hamilton naturally held for out to keep reforms within the pale of orthodoxy. He had printed a noteworthy “Hamilton’s catechism” of Catholic doctrine in the 1550s, in the vernacular for popular consumption.**
So as the Moray-Mary relationship went pear-shaped in the late 1560s and the country fell into civil war, Hamilton of course gravitated to the side of the Catholic queen. Mary by this time had been forced to abdicate the throne in favor of her son, James VI (eventually also James I of England). Moray was now “Regent Moray” and exercised power in the infant king’s name. He also drove Mary to England, and her eventual execution.
He certainly had no shortage of mortal enemies.
On January 23, 1570, from the window of a house Archbishop Hamilton owned with his brother in Linlithgow, their kinsman James Hamilton shot Regent Moray dead as he passed in a procession en route to a diplomatic rendezvous in Edinburgh.
James Hamilton prepares to win your barstool bet by becoming the first firearm assassin in history on January 23, 1570. (via)
This appears to be the first assassination with firearm on record (beating William the Silent‘s murder by a good 14 years), and it would set an encouraging precedent for Team Assassin: the gunman sprang onto a ready-saddled horse and successfully escaped his pursuers by desperately daggering his own mount in the hindquarters to spur it to leap over a creek. James Hamilton took refuge with others of the Hamilton clan in the town of that name.
As his subsequent course suggests, James Hamilton was not a lone gunman: a number of family members knew of and aided his plot. (He had actually been stalking Moray over several cities on his travels, looking for the right opportunity.)
Through them, the killer escaped to France. His uncle the archbishop was not so fortunate.
John Hamilton fled to the refuge of Dumbarton Castle following the assassination, but this citadel loyal to Mary was taken by surprise at the start of April 1571 by a daring nighttime escalade. John Hamilton was captured there and hailed to Stirling, where he was put to immediate death without benefit of trial.
* It was a bit of a step down from the French court for Mary, who had briefly been Queen consort of France when her frail husband unexpectedly succeeded the throne following the death of Henri II in a joust.
** Also in the 1550s, Bishop Hamilton granted the townspeople of St Andrew perpetual access to its Old Course, the legendary birthplace of golf.
Also on this date
Entry Filed under: 16th Century,Capital Punishment,Death Penalty,Execution,Hanged,History,Murder,No Formal Charge,Public Executions,Religious Figures,Scotland,Summary Executions,Wartime Executions
Tags: 1570s, 1571, april 6, civil war, dumbarton castle, james hamilton, james stewart, james stuart, john hamilton, mary queen of scots, stirling