January 14th, 2017
January 14 was supposed to be the hanging day in 1884 for the Sioux Crow Dog — but instead of being executed he was busy making caselaw.
A sub-chief of the Brule Lakota, Crow Dog on August 5, 1881, met — intentionally? — the tribal chief Spotted Tail on a road in the Rosebud Reservation and shot him dead with a rifle.
The killing was adjudicated the very next day within the Brule community, at a council where the killer and the survivors of his victim agreed together on the appropriate compensation, and paid up.* But the U.S. Indian agent on the scene also arrested Crow Dog a few days later, and had him tried for murder in a non-Indian court in the the frontier town of Deadwood.
Sidney Harring, who would expand this review to book length with Crow Dog’s Murder: American Indian Sovereignty, Tribal Law, and United States Law in the Nineteenth Century, argued in a 1988/1989 paper** that the needless white court’s trial was staged from the outset as a test case by the Bureau of Indian Affairs, angling for new legal tools to break the doctrine of tribal sovereignty which dated back to Worcester v. Georgia (1832). Although that anti-sovereignty cause would suffer a tactical setback in this case, it would very soon carry the day.
Condemned to death early in 1882, Crow Dog had various appeals, respites, and delaying actions that stretched the case out for nearly two years until the U.S. Supreme Court at last stepped in ahead of a scheduled January 14, 1884 execution to adjudicate the question of whether a murder within a tribe, on that tribe’s own reservation, was within the proper jurisdiction of non-Indian courts like the one that tried Crow Dog. Its Ex parte Crow Dog resoundingly answered in the negative, a milestone in the legal framework around Indian sovereignty in the U.S. To execute Crow Dog under the white court’s verdict, the justices ruled, would require Anglo law to be
extended over aliens and strangers; over the members of a community, separated by race, by tradition, by the instincts of a free though savage life, from the authority and power which seeks to impose upon them the restraints of an external and unknown code, and to subject them to the responsibilities of civil conduct, according to rules and penalties of which they could have no previous warning; which judges them by a standard made by others, and not for them, which takes no account of the conditions which should except them from its exactions, and makes no allowance for their inability to understand it. It tries them not by their peers, nor by the customs of their people, nor the law of their land, but by superiors of a different race, according to the law of a social state of which they have an imperfect conception and which is opposed to the traditions of their history, to the habits of their lives, to the strongest prejudices of their savage nature; one which measures the red man’s revenge by the maxims of the white man’s morality.
The legal doctrine at work here holds that although conquered, native tribes still possess internal sovereignty. And with Ex parte Crow Dog it became clear and settled American jurisprudence that one attribute of that remaining sovereignty was plenary — that is, absolute — power over purely internal affairs.
At least, for a year.
White America was discomfited by the abrogation of its morality-maxims over the revengeful red man, and the situation invited moral panic around any malfeasance in Indian country. The Washington D.C. Evening Star would complain months later (June 5, 1884) that Ex parte Crow Dog “has had the effect of creating the idea among the Indians that there is no law to punish an Indian for a crime committed on a reservation.” And the Supreme Court itself had slyly noted that it was obliged to make such rulings absent “a clear expression of the intention of Congress” to take a bite out of Indian sovereignty — an intent “that we have not been able to find.”
So in 1885, the U.S. Congress decided to express that intent and voted the Major Crimes Act placing Indians under federal, not tribal, jurisdiction for seven major types of crimes — including, of course, murder. “We all feel that an Indian, when he commits a crime, should be recognized as a criminal,” Michigan Congressman Byron Cutcheon urged on the legislation’s behalf. “It is an infamy upon our civilization, a disgrace to this nation, that there should be anywhere within its boundaries a body of people who can, with absolute impunity, commit the crime of murder, there being no tribunal before which they can be brought for punishment.”
This briefest interim between Ex parte Crow Dog and the Major Crimes Act was in a sense the high water mark for tribal sovereignty. Following the Major Crimes bill, white politicians began almost systematically reaching onto the reservations to legislate, picking away at tribal sovereignty until another much more infamous case, Lone Wolf v. Hitchcock, disastrously declared that plenary power now resided in Congress.
Crow Dog went on to become a major figure in the ghost dance movement. Present-day American Indian Movement activist Leonard Crow Dog is a descendant; he’s written a book connecting back to his famous ancestor called Crow Dog: Four Generations of Sioux Medicine Men. Meanwhile, South Dakota’s Sinte Gleska University is named for Spotted Tail.
* The price was $600, eight horses, and a blanket.
** Sidney Harring in “Crow Dog’s Case: A Chapter in the Legal History of Tribal Sovereignty,” American Indian Law Review, Vol. 14, No. 2 (1988/1989) — also the source of the preceding footnote.
On this day..
Entry Filed under: 19th Century,Capital Punishment,Crime,Death Penalty,Disfavored Minorities,Execution,Hanged,History,Murder,Not Executed,Notable for their Victims,Notable Jurisprudence,Occupation and Colonialism,Politicians,Racial and Ethnic Minorities,South Dakota,U.S. Federal,USA
Tags: 1880s, 1884, crow dog, ex parte crow dog, first peoples, january 14, sioux, supreme court
July 19th, 2016
On this date in 1783, Diego Cristobal Tupac Amaru — cousin and successor to the famed indigenous rebel Tupac Amaru II — was tortured to death in Cusco.
After Tupac Amaru’s execution in May 1781, the rebellion he had kindled fell south to present-day Bolivia and fought on furiously. Diego Cristobal succeeded his kinsman in authority, and with the (unrelated, but allied) Tupac Katari could briefly command vast territories that demanded bloody Spanish reconquest over hostile terrain. “Twenty years after these events,” one 19th century chronicle reports, “This writer saw the plains of Sicasica and Calamaca, for an extent of fourteen leagues, covered with heaps of unburied human human bones, lying in the places where the wretched Indians fell, to bleach in the tropical sun.”
By early 1782, Tupac Katari had followed Tupac Amaru to the Spanish scaffold and the indigenous resistance they had led was broken into so many bleaching bones. Diego Cristobal Tupac Amaru availed himself of an amnesty promised by Viceroy Agustin de Jauregui to bring the rebellion to a formal close. Diego Cristobal even lived for some months thereafter in peace.
But if Spain’s viceregal authorities ever had the least intent of keeping that guarantee long term, they were set straight by the mother country once the treaty was circulated back home: “no faith is due to pledges made to traitors,” the crown directed. Surely in this perfidy there is also the implied regard of fear; had Cusco fallen to Tupac Amaru’s siege in 1781, the whole history of the New World could have changed. To leave unmolested the royal family of this martyred champion would have courted more danger than an empire ought.
So in March 1783, a Spanish sweep arrested not only Diego Cristobal Tupac Amaru but around 100 other members of his family and their households, pre-emptively on allegations of a fresh conspiracy. Though it was left to Diego to suffer the most extreme bodily fate, extirpation of his line was the intent, and other Tupac Amaru kin were dispossessed of property, deported, and forbidden the use of their costumes and titles as their subjects — Spain’s subjects — were forbidden their arms.
A ghastly account of Diego Cristobal’s sentence and execution is available in Spanish here: “to be dragged through the streets to the place of execution and there his flesh torn with hot pincers and then hanged by the neck until dead; afterwards to be dismembered and his head carried to Tungasuca, his arms to Lauramarca and Carabaya, his legs to Paucartambo and Calca, and the rest of his corpse set up in a pillory on the Caja del Agua, forfeiting all his property to the confiscation of His Majesty.”
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Entry Filed under: 18th Century,Bolivia,Capital Punishment,Death Penalty,Dismembered,Execution,Gruesome Methods,Hanged,History,Martyrs,Occupation and Colonialism,Peru,Power,Public Executions,Revolutionaries,Royalty,Spain,Torture,Treason
Tags: 1780s, 1783, diego cristobal tupac amaru, first peoples, imperialism, july 19, tupac amaru, tupac amaru ii, tupac katari
June 29th, 2016
Hanged on this date in 1726, Joseph Quasson enjoys a minor distinction in the annals of the gallows press: according to friend of the blog Anthony Vaver, Samuel Moody’s account of Quasson’s long* jailhouse sojourn was the first published in the colonies as a standalone conversion narrative, without cover of an attached ministerial sermon.
And here it is:
* Quasson fatally shot a fellow enlistee serving during Father Rale’s War. There was no question about his guilt, but when the murder took place the next sitting of the court was nine months away so the man just got to cool his heels.
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Tags: 1720s, 1726, father rale's war, first peoples, indigenous, joseph quasson, june 29
November 30th, 2015
On this date in 1557, the handless Mapuche cacique Galvarino was executed by the Spanish during the Arauco War.
The Mapuche people, still extant today, inhabited present-day Chile and Argentina; Spanish explorers pushing south from the wreck of the Inca Empire encountered them, and naturally antagonized them.
Rebellion broke out among the Mapuche in 1553, led by Caupolican and his able commander Lautaro; they won some signal victories but the conflict was never decisively finished by either side. The Arauco War — encompassing many distinct rebellions and campaigns punctuated by relative calm — ran until the early 19th century.
Our fellow Galvarino was elevated to folk hero status by the Spanish in the very first period of rebellion when he was captured in battle at Lagunillas. Instead of cutting off his head, the Europeans chopped off his hands — then sent him (with a number of like mutilated prisoners) back to his people. The intent was to make a terrifying example, but Galvarino made the example his own: brandishing the bloodied stumps and oratorical fury to match, he incited his comrades to further resistance.
At the Battle of Millarapue on this date in 1557, hours before his execution, the Spanish beheld him urging on the Mapuche:
My Brothers, why have you stopped attacking these Christians, seeing the manifest damage that from the day which they entered our kingdom until today they have done and are doing? And they still will do to you what you see that they have done and they are doing? And still they will do to you what you see that they have done to me, cut your hands off, if you are not diligent in making the most of wreaking destruction on these so injurious people for us and or or our children and women!
But by evening, the Spanish carried the day — and once again had Galvarino in their custody.
“The poet Ercilla, impressed by the Indian’s valor, made every effort to keep him from being executed, arguing that he had seen Galvarino changing sides and joining the Spanish troops,” writes Guillermo I. Castillo-Feliu in Culture and Customs of Chile. “Galvarino, displaying his mutilated arms, until then covered by a shawl, refused Ercilla’s offer to commute his death sentence and said that he only wished that he could tear his enemies apart with his teeth.”
They put him to death straightaway. Accounts of the execution method range from hanging to impalement to being thrown to dogs.
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Entry Filed under: 16th Century,Capital Punishment,Chile,Death Penalty,Execution,History,No Formal Charge,Occupation and Colonialism,Power,Soldiers,Spain,Summary Executions,Torture,Wartime Executions
Tags: 1550s, 1557, arauco war, first peoples, galvarino, indigenous, november 30
November 25th, 2015
We ask you how the Muscogee Nation came by this country? You came from the west and took the country from another people who were in possession. After living here a great many years, the people from over the big waters came in large vessels and took some of the country from you and set up their own government, and made laws, & made you obey them …
you must be sensible that it will be impossible for you to remain, for any length of time, in your present situation, as a distinct society or nation, within the limits of Georgia, or any other State. Such a community is incompatible with our system, and must yield to it. This truth is too striking and obvious not to be seen by all of you, surrounded as you are by the people of the several States. You must either cease to be a distinct community, and become, at no distant period, a part of the State within whose limits you are, or remove beyond the limits of any State …
Brothers, we now tell you, what we, in the name of your Father the President, want you to do. We want the country you now occupy. It is within the limits of Georgia and Alabama. These States insist upon having their lines cleared. The President will do this by giving you a better country, and will aid you in removing; protect you where you may go, against whites and all others, and give you a solemn guaranty in the title and occupancy of the new country which you may select … By deciding for yourselves, it may prevent others from deciding for you.
-U.S. federal communication to the Muscogee Creek chiefs, Dec. 9, 1824
Brothers, you have been deceived. A snake has been coiled in the shade, and you are running into his mouth … drunk with the fire of the pale-face. Brothers, the hunting grounds of our fathers have been stolen by our chief and sold to the pale-face, whose gold is in his pouch. Brothers, our grounds are gone, and the plow of the pale-face will soon upturn the bones of our fathers. Brothers, are you tame? Will you submit?
On this date in 1836, six Muscogee Creek rebels were hanged in Alabama as murderers.
This age of the bellicose Andrew Jackson comprised the peak years of America’s Indian Removal — a frightful term denoting the forcible expulsion of indigenous nations from America’s east to her frontier wastelands. This was the fate ordained for the Creek people of Alabama, just as it was with their “civilized tribes” brethren, the Choctaw of Mississippi and the Cherokee of Georgia and the Carolinas.
Jackson himself had tangled with the Creek during his career-making appearance as America’s up-and-coming caudillo in the War of 1812: the eponymous Fort Jackson in Alabama was the base from which the Tennessee militia captain had defeated rebellious natives in the 1813-1814 Creek War and forced upon them the Treaty of Fort Jackson.* “Numberless aggressions,” read that document, “had been committed [by the Creeks] against the peace, the property, and the lives of citizens of the United States.”
So small wonder that as President, Old Hickory — for whom Indian Removal was a signature policy — had no time for Creek appeals to Washington to uphold their treaty rights in Alabama and Georgia. Their defeat in 1814 had left the Creek polity a powerless dependency, whose rights and even survival extended precisely so far as the American government wished. With the shrunken remnant** of their ancestral lands increasingly sought by white settlers, all the pressure within Anglo America ran towards the ethnic cleansing option.
“Voluntary” emigration under steady white pressure gnawed away at Creek numbers in the Southeast for a decade or more preceding the events of this post, but there was always going to be a militant slice of the population for whom no inducement short of violence would suffice. In 1836, land incursions finally triggered a Creek revolt, and became the Second Creek War — Jackson’s justification at last for completing the long-sought elimination of the Creek in the East.†
“The Creek Indians, below the Federal Road, are all in arms and killing every white person they have fallen in with,” ran the May 12, 1836 Macon Messenger. Everything was in “confusion and disarray” — the fleeting advantage of initiative while Anglos mustered an overwhelming response.
Attacks on stagecoaches this same month “created a greater sensation throughout the country than any previous act of Indian hostility,” per this public domain history of Columbus, Ga. (The town abuts the Alabama border.)
Two stages carrying the United States mail, going from Columbus to Tuskegee, Ala., were attacked about eighteen miles from Columbus. The Indians killed Mr. Green, one of the drivers, and two horses, and robbed the mail. The next day a party of fifteen men started to come through to Columbus with two stages. Some of these men were passengers and others volunteers who accompanied the stages to assist in their protection.
It was for this raid that claimed Green’s life that Tuscoona Fixico and four others — never named in any source I have been able to find — were condemned to hang on Nov. 25, alongside a man named Chilancha for the unrelated killing of a man named Fannin during the uprising.
The Second Creek War went much the same way as the first, and proved those American diplomats prescient as to the inevitability of the conquered peoples’ fate. Today, the Poarch Creek — numbering barely 2,000 — are the only remaining band of Muscogee Creek in Alabama.
* It was from this engagement that Jackson proceeded to the famous Battle of New Orleans.
** In one vain bid to stanch the loss of Creek territory, the tribe — incensed by the Treaty of Indian Springs — had in 1821 enacted capital punishment for anyone who sold land to whites. It was on the strength of this statute that Creek assassins murdered/executed the collaborationist chief William McIntosh in 1825.
On this day..
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Tags: 1830s, 1836, andrew jackson, chilancha, creek, ethnic cleansing, first peoples, indian removal, native americans, november 25, tuscoona fixico, william mcintosh
November 21st, 2015
On this date in 1834, the Cherokee James Graves was hanged in Spring Place, Georgia, for murder. He’s the only person ever executed in Georgia’s Murray County.
But he was also a sad waymarker on the way to a much larger tragedy.
It happened that in 1834 the state of Georgia’s long-simmering conflict with the indigenous Cherokee nation was coming to a nasty head. In the infancy of the American Republic, it had made a pact placing the Cherokee under the protection of the United States.
By the 1820s, however, Cherokee land had been nibbled away and the white citizens of Georgia started clamoring for a proper ethnic cleansing: forcibly expelling the Cherokee to the western frontier.
The immediate territorial conflict became joined to a conflict over federal jurisdiction, because the Cherokee had their treaty with the United States (not with Georgia) and its terms were supposed to be guaranteed by Washington (not Milledgeville). As the Georgia legislature enacted laws stripping the Cherokee of land and self-rule, the Cherokee appealed in federal courts.
The Cherokee notched a major win in the 1832 Worcester v. Georgia, when the U.S. Supreme Court held that Indian affairs were the domain of the federal government and individual states had nothing to say in the matter.
But to give a sense of where the wind was blowing, this is the very decision about which U.S. President (and notorious Indian-killer) Andrew Jackson is supposed to have remarked, “John Marshall has made his decision; now let him enforce it.” The quote itself is probably apocryphal but the atmosphere of lawless confrontation was very real indeed.
James Graves was convicted by a Georgia jury in September 1834 of murdering a white man several years prior on Indian land … or rather, on what Georgia said was now no longer Indian land.
The Supreme Court directed Georgia to stay the hanging and appear at a January 1835 hearing.
Governor William Lumpkin* would have none of it. Grandstanding in a communique to an all but universally supportive legislature, he vowed to ignore the court’s order.
Any attempt to infringe the evident rights of the State, to govern its entire population, of whatever complexion, and punish all offences committed against its laws within those limits … I consider a direct usurpation of power. … Such attempts demand the determined resistance of the States … I shall wholly disregard all such unconstitutional requisitions, of whatever character or origin, and, to the utmost of my power, protect and defend the rights of the State, and use the means afforded me to maintain the laws and Constitution of the same. (Nov. 7, 1834)
Two weeks later, Georgia hung James Graves, stay or no stay. There would be no hearing in Washington that January.
“What is to be done with Georgia?” lamented the Nantucket Inquirer (Dec. 13, 1834). “Will another presidential proclamation, full of big words and bombastic threats, be issued against her, for having nullified the U.S. claim of sovereignty over the Indians, and for having hanged the copper-skinned citizen Graves, in defiance of the interdict of one of Gen. Jackson’s judges?”
They already knew the answer: “O, no! — Why? Van Buren counts upon the vote of Georgia at the next presidential election!” (Van Buren did not in fact carry Georgia.)
In 1835, the U.S. foisted a dubious new treaty on the Cherokee by getting a minority faction to sign off on Indian removal, and shortly thereafter forced the Cherokee west on the Trail of Tears.
* Lumpkin County, Georgia is named for him. That’s not too shabby, but he almost hit big-time when the city of Terminus proposed to rename itself Lumpkin. Lumpkin declined and the city is today known as Atlanta.
** Georgia conducted another execution, that of George Tassels, under similarly contested circumstances a few years before Graves.
On this day..
Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Georgia,Hanged,History,Murder,Racial and Ethnic Minorities,USA
Tags: 1830s, 1834, andrew jackson, cherokee, cherokees, ethnic cleansing, federalism, first peoples, james graves, john marshall, native americans, november 21, trail of tears, william lumpkin
September 12th, 2015
On this date in 1879, a half-blooded Native American named Pocket died in Hallettsville on an oak tree.
The son of a French Canadian father and a Blackfoot Sioux mother, Pocket had been befriended by a cattleman named Lou Allen. They met by chance in the early 1870s; Pocket was a half-caste child, maybe not even into adolescence, with broken English, doing odd jobs to scrape by.
Of Pocket we have only glimpses of the moments where he comes into the view of white men. His rancher-friend took him until “becoming tired of civilized life, and pining for the freedom of his native wilds,” Pocket vanished on a horse that Mr. Allen willingly gave him. (The quote comes from the Galveston Weekly News of September 18, 1879; it’s also the source for the other quotes in this post.)
That was in 1874. For the next several years Pocket’s activities are mostly unknown, save for the few times he popped back into Mr. Allen’s life — once to bum a suit of clothes; another time when they met by accident in Wichita, Pocket destitute after gambling everything away; and finally when Pocket reappeared in Lavaca County only to be refused aid by his benefactor in a possible gesture of tough love. Pocket found work on a nearby farm instead.
On Valentine’s Day 1878, Pocket was seen in the county seat of Hallettsville getting roaring drunk on whiskey. He left town for the countryside carrying another bottle and proceeded to stop at several farms to accost their residents.
At the Smith house, he barged in, stole a pistol, and forced his way into the family dinner. He stumbled into the home of a former slave named Frank Edwards, ripped up bed clothes, and started swinging an axe around until Edwards punched out the unwanted visitor.
Fuming, Pocket proceeded to yet another farm, the Petersons, where he contrived to get the family hunting rifle by representing the presence of a drove of turkeys nearby. A young Brit named Leonard Hyde worked for the Petersons, and he went along with Pocket “to see the fun.” As ominously as this reads, Hyde had no reason to suspect trouble; the Galveston Weekly News would note that Hyde and Pocket “were both under twenty-one years of age, friendly with one another up to the last moment, and both strangers in the land which has given to each of them a grave.” Two kids out on a turkey-shooting lark.
Hyde trotted along on foot after Pockett, and soon another of Hyde’s friends joined the supposed hunting foray. Suddenly, their intoxicated leader stopped and cursed Hyde for following him — then shot him dead through the forehead with his pistol. The killer’s mind was obviously disordered and impulsive, but it’s possible that Hyde died in place of Frank Edwards, or if not Edwards then whomever Pocket might have crossed paths with next that night.
Now with blood on his hands, Pocket did not pause to revenge any other slights but galloped off into the wilderness. He was eventually captured in Bosque County.
(Source, which also preserves a sad letter from Hyde’s father written in March 1878 upon learning of his son’s murder.)
Perhaps three thousand souls turned out to see a repentant Pocket die in Hallettsville on September 12, 1879 — “every road entering this town became alive with people of all ages, sexes and colors, without regard to previous condition, coming to witness the first legal execution in this county.” Pocket had spent his last weeks in religious devotion and struck those who saw him as a profoundly changed man.
The great hanging-tree can still be seen today, shading a picnic-table in City Park, next to the Hallettsville Golf Association clubhouse.
On this day..
Entry Filed under: 19th Century,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Hanged,History,Murder,Public Executions,Racial and Ethnic Minorities,Texas,USA
Tags: 1870s, 1879, alcohol, first peoples, hallettsville, native americans, pocket, september 12, whisky
July 27th, 2015
On this date in 1676, an indigenous Nipmuc named Matoonas was marched into Boston, condemned by a summary judicial proceeding, and immediately shot on Boston Common.
Though he was a so-called “Jesus Indian” — a converted Christian — Matoonas had become a principal adversary of the European colonists once long-building tensions exploded into King Philip’s War.
To the communal grievances that made up this war, Matoonas brought a very personal injury: back in 1671, his son Nehemiah had been accused by English colonists of murder and executed on that basis. And not just executed, but his rotting head set up on a pike at the gallows, to really rub it in.
Matoonas bided his time, but when the opportunity to fight back arrived he joined King Philip (Metacomet) with gusto. On July 14, 1675, Nipmuc warriors under his command raided the town of Mendon, Massachusetts, leaving five dead — the very first Anglo casualties of the war.
“A dark cloud of anxiety and fear now settled down upon the place,” a bicentennial a Rev. Carlton Staples recalled in a bicentennial address on Mendon’s history 1867. “With tears and lamentations they tenderly gathered the bodies of the slain and laid them away in some pleasant spot, we know not where. The houses and farms remote from this central point were abandoned, and the people fled to other places, or gathered here to save their flocks and growing crops. All sense of security was gone. They only dared to go abroad in companies. While some worked in the fields and gardens, others watched for the lurking foe.” A few months later, the settlers had to abandon Mendon altogether, and the Nipmuc burned the ghost town to the ground.
But the tide of the war soon turned against the natives, and Matoonas would find that he had his own lurking foe.
Sagamore John comes in, brings Mattoonus and his sonne prisoner. Mattoonus shot to death the same day by John’s men.
-diary of Samuel Sewall
A mysterious Nipmuc leader known as Sagamore John (“Sagamore” designates a sachem or chief) betrayed Matoonas in exchange for a pardon from the Massachusetts colony, marching Matoonas and his son right into Boston on the 27th of July.
After an improvised tribunal set down the inevitable punishment, Matoonas was lashed to a tree on Boston Common. Sagamore John performed the execution himself — although whether he volunteered or “volunteered” is not quite clear. The late Nipmuc raider’s head, too, was set on a pole — just opposite Nehemiah’s.
Memorial to Sagamore John in Medford, Mass. (cc) image from David Bruce.
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Entry Filed under: 17th Century,Capital Punishment,Death Penalty,Execution,Guerrillas,History,Massachusetts,Occupation and Colonialism,Politicians,Power,Public Executions,Shot,Soldiers,Summary Executions,USA,Wartime Executions
Tags: 1670s, 1676, boston, boston commons, first peoples, indigenous, king philip's war, matoonas, mendon, metacomet, native americans, sagamore john
July 12th, 2015
(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)
On this date in 1936, Earl Gardner, a “pint-sized” Apache Indian from the San Carlos Reservation in Arizona, hanged for the murders of his wife, Nancy, and baby son, Edward. Gardner had, for no apparent reason, axed them both to death the previous December.
This wasn’t his first time, either; in the 1920s he’d served seven years in prison for stabbing another man to death.
He tried to plead guilty to Nancy and Edward’s murders, but the judge refused to let him in spite of Gardner’s preference that the government should “take a good rope and get it over with.” Better to “die like an Apache” than die a little every day in prison, he said. With his heart never in his own defense, it’s no surprise he was convicted; appeals filed by his attorney proceeded against Gardner’s wishes, and without success.
R. Michael Wilson records in Legal Executions After Statehood in Arizona, Colorado, Nevada and Utah: A Comprehensive Registry:
Finding a gallows was difficult as the state of Arizona was using the gas chamber exclusively for executions, so U.S. Marshal Ben J. McKinney improvised a gallows using an old rock crusher from the Coolidge Dam project. The crusher had been abandoned within a deep gorge on the Indian reservation. A rope was strung from a crossbeam and a hole cut in the floor for the trapdoor. After there were rumors of an Indian uprising McKinney deputized a force of men and armed them to prevent any interference, and they guarded the gallows for days before the execution date.
As he stood on the contraption’s trapdoor before forty-two witnesses, Gardner was asked if he had anything to say. “Well, I’ll be glad to get it over with,” was all he could come up with. It took longer to get it over with than anyone could have anticipated. A witness recalled:
Earl went to the gallows without apparent concern and died a ghastly death. I was crouched in a corner of the crusher on a pile of gravel and damn near went through the trap after him. Earl’s shoulder struck the side of the trap and broke his fall. He hung at the end of the rope gasping … until Maricopa County Sheriff Lon Jordan, a giant of a man, stepped down through the trap and put his weight on Earl’s shoulder to tighten the noose and shut off his breathing.
When the trap sprung at 5:06 a.m., the noose slipped around to the front of Gardner’s throat, causing him to fall off-center and hit the side of the opening. His head snapped backwards but his neck didn’t break and he thrashed around for over half an hour. It wasn’t until 5:39 that his heart ceased to beat.
Earl Gardner’s death was the last legal hanging in Arizona.
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Entry Filed under: 20th Century,Arizona,Botched Executions,Capital Punishment,Common Criminals,Crime,Death Penalty,Disfavored Minorities,Execution,Guest Writers,Hanged,History,Murder,Other Voices,Racial and Ethnic Minorities,U.S. Federal,USA,Volunteers
Tags: 1930s, 1936, earl gardner, first peoples, july 12
April 15th, 2015
The generations-long conquest of indigenous peoples in North America might look from posterity like a historical ienvitability, but the 1715-1718 Yamasee War was perhaps “as close to wiping out the European colonists as ever [they] came during the colonial period.” (Gary Nash, quoted by William Ramsey in “‘Something Cloudy in Their Looks': The Origins of the Yamasee War Reconsidered”, Journal of American History, June 2003. This post draws heavily from Ramsey’s article, which is the source of any quote not otherwise attributed.) In it, not only the Yamasee but a vast coalition of peoples throughout what is today the United States Southeast nearly swept the British out of South Carolina.
And it started three hundred years ago today with some executions.
British South Carolina had extensive trading contacts with the native peoples in their environs — acquiring deerskins and Indian slaves for the plantation colony — and said trading had too often been a flashpoint between alien cultures. South Carolina’s annals record a number of instances of natives crudely abused by Anglo merchants, including women whose bodies were next to sacrosanct for the matrilineal Yamasee, and traders aggressively taking slaves even from friendly tribes. Many years later a Lower Creek man would recall that “we lived as brothers for some time till the traders began to use us very ill and wanted to enslave us which occasioned a war.”
It has never been entirely clear just why and how such individual abuses, even as a pattern, triggered in 1715 something as drastic as military action; our source William Ramsey suspects that they only hint at much wider-ranging economic pressures of the Atlantic economy, which entangled native peoples in debt and warped traditional lifeways towards producing ever more deerskins for export, obtained at ever poorer prices from ever more belligerent merchants.
Just as trade relations were at their most antagonistic, the colonial capital Charles Town fell down on the diplomatic side of the job. (This is, again, per Ramsey.)
The colony had created in 1707 an office of Indian Agent.
Intended to manage the complications of its sometimes-delicate cross-cultural trade and police the traders, the post instead became a locus of bitter competition between two men: Thomas Nairne and John Wright. (There’s a 1710 account of South Carolina in Nairne’s hand available here.) These two men, South Carolina’s most expert Indian diplomats and the only two men ever to hold the Indian agent office, had by the 1713-1715 period become consumed with their internal rivalry. Wright, a trader who thought Nairne too accommodating of the natives generally and unduly meddlesome with Wright’s own commerce specifically, bombarded the latter with lawsuits; Nairne eventually had to stay in Charles Town almost permanently to protect his own affairs. The colony’s diplomatic voice fell silent — which meant that rapacious traders squeezing mounting debts on their spring rounds in 1715 were that voice.
In annoyance, one tribe returned an ultimatum to Charles Town: “upon the first Afront from any of the Traders they would down with them and soe goe on with itt.” (See The Southern Frontier, 1670-1732)
That warning got the colony’s attention.
The Indian Agent rivals Wright and Nairne were dispatched together to meet with the Yamasees at Pocotaligo and smooth things over. But just as these men stood at loggerheads professionally, they were noted for quite distinct policies towards the Indians: Nairne was the friendly hand, the man who sympathized with natives. Wright was the asshole. If their joint presence was intended to be a good cop-bad cop act, they carried it off as clumsily as their mutual antipathy might suggest.
In a famous meeting on the night of April 14, Nairne, Wright, and a number of traders seemingly reassured the Yamasees over a feast that their grievances would be redressed, and went to sleep satisfied that matters were well in hand.
It was not so for the Yamasees, who held council that night after the Europeans were tucked away. An unknown Indian leader who signed himself “the Huspaw King” would later dictate a letter to a hostage charging that at the April 14 meeting
Mr. Wright said that the white men would come and fetch [illegible] the Yamasees in one night and that they would hang four of the head men and take all the rest of them for slaves, and that he would send them all off the country, for he said that the men of the Yamasees were like women, and shew’d his hands one to the other, and what he said vex’d the great warrier’s, and this made them begin the war.
We don’t know if this was on-message for the delegation — a glimpse of the iron fist that Nairne’s politesse was to glove — or delivered privately in Wright’s going campaign to undermine his opposite number. What we do know is that the Yamasees had seen both these men in authority over colonial-Indian trade over the past several years: on the night of April 14-15, they had to decide between mixed messages. Could they count on Nairne’s reassurances of comity? Or should they believe, as Wright intimated, the increasingly obnoxious inroads of traders presaged the outright destruction of their people?
April 15th was Good Friday. And the Europeans awoke to their Calvary.
The Yamasees’ decision about the intentions of their European counterparts was far from internally unanimous — but it was instantly effected.
“The next morning at dawn their terrible war-whoop was heard and a great multitude was seen whose faces and several other parts of their bodies were painted with red and black streaks, resembling devils come out of Hell,” a plantation owner later wrote to London. Most of the Europeans were killed on the spot, Wright apparently among them. A couple of them escaped.
And for Thomas Nairne, a stake in the center of the little village awaited, with an agonizing torture-execution said to have required three days before Nairne mercifully expired on April 17th.
The red indicates War, and the black represents the death without mercy which their enemies must expect.
They threw themselves first upon the Agents and on Mr. Wright, seized their houses and effects, fired on everybody without distinction, and put to death, with torture, in the most cruel manner in the world, those who escaped the fire of their weapons. Amongst those who were there, Captain Burage (who is now in this town, and from whom I derive what I have just said) escaped by swimming across a river; but he was wounded at the same time by two bullets, one of which pierced his neck and came out of his mouth, and the other pierced his back and is lodged in his chest, without touching a vital spot. …
Another Indian Trader (the only one who escaped out of a large number) saved his life by crawling into a marsh, where he kept himself hid near the town. He heard, during the whole day, an almost continual fire, and cries and grievous groans. He often raised his head in his hiding-place, and heard and saw unheard-of things done; for the Indians burned the men, and made them die in torture. They treated the women in the most shameful manner in the world. And when these poor wretches cried O Lord! O my God! they danced and repeated the same words mocking them. Modesty forbids me to tell you in what manner they treated the women: modesty demands that I should draw a veil over this subject.
This man who had witnessed so many cruelties, stripped himself naked so as completely to resemble the Indians; and in this state, made his escape by night, crossing the town without being perceived, he heard many people talking there, and saw several candles in each house; and having avoided the sentries, God granted that he should arrive here safe and sound.
Mr. Jean Wright, with whom I had struck up a close friendship, and Mr. Nairne have been overwhelmed in this disaster. I do not know if Mr. Wright was burnt piece-meal, or not: but it is said that the criminals loaded Mr. Nairne with a great number of pieces of wood, to which they set fire, and burnt him in this manner so that he suffered horrible torture, during several days, before he was allowed to die.
On this day..
Entry Filed under: 18th Century,Borderline "Executions",Burned,Businessmen,Cycle of Violence,England,Execution,Gruesome Methods,History,No Formal Charge,Occupation and Colonialism,Politicians,Public Executions,South Carolina,Summary Executions,Torture,USA,Wartime Executions
Tags: 1710s, 1715, april 15, economics, first peoples, john wright, native americans, thomas nairne, trade, yamasee war